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Punishment In Criminal Law. Differences With Deterrents

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Chapter Summary

Evolution in Criminal Law consists precisely in the progressive substitution of capital punishment by privation of liberty and in the form of the death penalty, in extreme cases, as depriving of life but without going to the extremes of special additions or unnecessary suffering. According to current statistics, the true effect of Criminal Law's general deterrent, to be taken into account, does not depend so much on the gravity or severity of the punishment threatened by the law as it does on other factors, especially on how often the threat is made good in practical life, the knowledge that it will always be inexorably imposed whenever there is a crime committed. The equal or personalized treatment, having rehabilitatory ends in view, or individual or social therapy as a goal, is avoided. Avoiding these pitfalls, it avoids the danger of treating the criminal as a guinea-pig.

Keywords: criminal law; death penalty; deterrent; guinea-pig; liberty; punishment



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