The Inevitability of Punishment in Criminal Justice

The Inevitability of Punishment in Criminal Justice

Judge Nasser Omran

2018-11-22 12:37:00

“Get up now” at this minute, stop at the intersection of roads, bend kiss the ground you have profane , and then bend to the whole world on your four limbs, and say loudly to everyone: I killed .
Fyodor Dostoevsky / Crime and Punishment
There is a shocking and dreamy psychological construct at the same time was presented by (Dostoevsky) at the event / The crime then pull punishment to emerge , as a stereotypical reaction, and to take into account in narrative events a new and volatile form of narration that ends with recognition ,the punishment is an reflects a social and literary vision that preceded the punitive legislative vision of the crime and the criminal . Punishment is the main sanction provided by law and its value for crime. the punishment can only be carried out after completing its procedures which are evaluated by the judge after the conviction and criminalization of the accused.
The philosophy of punishment does not stop at the special deterrence (punishment of the criminal), but extends to "general deterrence" as a crime is a behavior / an action made a social change  . This change violated a social and value system based on customary and legislative organization so that convicted and criminal act must have a legal and social reaction . Hence the work of the principle of openness in the imposition of punishment by the ruling system under the custom or law. Therefore, it is not enough to justice, but rather to "witness people" and you shall evaluate it until deterrence is achieved. The Italian criminal jurist (Antolizi) says that Criminal Code is the polite educator for the people, is a descrip of the function and reaction of the organization in punitive laws . we do not doubt that the state seeks to educate the people through the criminalization texts that it enacts according to its political thought, organizational reality and philosophy.
It is recognized that the prevailing philosophy in every age of crime is the basis of the punishment in terms of type, amount, goals and philosophy in general. and the review of the development of the punishment in various ages will find that it was governed by the views and culture of society and the culture of this culture of a correct understanding of the characteristics of the individual and the factors of crime. The Theory of Victim or Scapegoat This theory emerged from the School of Psychoanalysis , which explain the punishment by the desire of the community to express the instinct of aggression as an instinctive instinct of every individual, an instinct expressed by the criminal himself by committing the crime.
The cruelty of punishment is interpreted by this theory according to the severity of the criminalization the theories of social construction are related to the construction and social class composition . Socioeconomic theory  considers that the labor market determines the social reaction to crime . The punishment is harsh when manpower is available , when the workers’ wages are lower , the punishment tends to be moderate when the labor force is too thin to judge the perpetrators by work rather than harsh corporal punishment, this theory is purely economic while the class construction theory holds that the participation of the middle class and below in the social control process makes the punishment harsh because of the failure of this class to exercise restraint.
A theory of division of labor has been built on the general theory of social solidarity since the society moves from the stage of automatically solidarity to the stage of organic solidarity based on division of work when the solidarity of society is based on automatically and symmetry, the reaction in it is backward and is the revenge of the offender but the developed society with organic solidarity, which is predominantly support or social exchange, the reaction towards the offender is an attempt to restore balance and return the offender to the status of society as a straight member through the application of the rules of law generally, neutrally and objectively. The social organization theory is based on punishment is moderate in societies characterized by socialization , while being harsh in heterogeneous societies because part of a powerful group applied harsh punishment to the other weak side.
We tend with those who say that cultural construction, methods of thinking, beliefs and scientific development in abstractions and materiality evaluate behavior and determine the society's reaction to any behavior. Hence, the change in the interpretation of punishment in terms of content and objective has been linked within societies to cultural changes, including changes the form and nature of the authority and the extent of its commitment to the terms of the social contract and scientific progress, especially in the area of the interpretation of criminal behavior and the growth of criminality and its tendency towards complexity.
Finally, we agree with the Italian criminal saying : "Sword of punishment have no handle and therefore injure everyone who uses it “It means that the bad use of the penal law affects all parties and thus affects criminal justice of the balance between multiple criteria in criminal and offence view. The penal text, which cannot be applied to its legally estimated limits, is intertwined with reading and the correct conclusion of the case, to give the judge discretion all these lead the judicial truth to the factual reality of the crime or its embodiment.





Important links