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— is the suffering that is inflicted by the State for the transgression of a law.
PENALTY
Theories Justifying Penalty:
- PREVENTION
- SELF DEFENSE
- REFORMATION
- EXEMPLARITY
- JUSTICE
The State must punish the criminal to PREVENT or SUPPRESS the danger to the Stat e arising from the criminal acts of the offender.
PREVENTION
The State has a right to punish the criminal as a measure of SELF-DEFENSE so as to protect society from the threat and wrong inflicted by the criminal.
SELF DEFENSE
The object of punishment in criminal cases is to CORRECT and REFORM the offender.
REFORMATION
The criminal is punished to serve as AN EXAMPLE TO DETER OTHERS from committing crimes.
EXEMPLARITY
That crime mut be punished by the State as an act of RETRIBUTIVE JUSTICE, a vindication of absolute right and moral law violated by the criminal.
JUSTICE
The Penalty Under This Code Has Three-fold Purpose:
- RETRIBUTION OR EXPIATION
- CORRECTION OR REFORMATION
- SOCIAL DEFENSE
The penalty is COMMENSURATE with the GRAVITY OF THE OFFENSE.
RETRIBUTION OR EXPIATION
as shown by the rules which regulate the execution of the penalties consisting in DEPRIVATION OF LIBERTY.
CORRECTION OR REFORMATION
shown by its INFLEXIBLE SEVERITY to RECIDIVISTS AND HABITUAL DELINQUENTS.
SOCIAL DEFENSE
Penal laws shall have a RETROACTIVE EFFECT in so far as they FAVOR THE PERSON GUILTY OF A FELONY , who is not a ____________
HABITUAL CRIMINAL