Journal of Criminal Law Research

Transformation of Sentencing System via Civilization Process

Document Type : Research Paper

Authors

Hadi Rostami 1
farhad mirzaei 2

1 Assistant Professor of Criminal Law at Bu Ali Sina University, Hamadan, Iran.

2 Assistant Professor of Criminal Law, Department of Law, Buin Zahra Branch, Islamic Azad University, Buin Zahra, Iran (Corresponding Author)

https://doi.org/10.22054/jclr.2021.41182.1891
Abstract
There are no fixed criteria for sentencing across all penal justice systems and they often vary as a result of social circumstances. Apart from having been rooted in its philosophical and ideological fundaments, punishment is a social event which is directly affected by industrial development and civilization progress. An offense is a personal choice since it is normally a consequence of an individual’s reason whereas punishment is an act of collective wisdom following common reasoning of a group. Even though violence is still prevalent in crime in all societies, civilized humans are not allowed to openly apply violence in punishment and no one simply accepts to use it as harsh punishment. At present, employment of violence by the government as part of punishment is subject to such a lot of restrictions that governments do not possess their former freedom in punishment anymore. Demonstration of severity of punishment has gradually disappeared and now punishment systems have been transformed and rationalized due to modern civilization. Along with modernity, apparent demonstration of violence in the form of death carnivals has left the social scene and logic and modern rationality have set in throughout all aspects of human life, especially social reaction to crime.

Keywords

Sentencing system
Civilization
Violence
Imprisonment
Execution

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Journal of Criminal Law Research
Volume 9, Issue 34
Winter 2021
Pages 99-131

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