Running head: JURISPRUDENCE OF THE CRIMIANL LAW PUNISHMENT & RETRIBUTION Name of the Student Name of the University Authors Note
JURISPRUDENCE OF THE CRIMIANL LAW1 Punishment Mens rea is regarded to be a requirement of many crimes. As per the common law test of criminal liability the act is not guilty unless involves a guilty mind. In ‘The Penal Colony’ the punishment of the convicted prisoner is performed on his skin before he is let die, all within twelve hours, by the last use of an intricate instrument of torture and execution. Sometimes it has been observed that the act of the defendant is not of that evil. Despite this, the wrongdoer always found guilty and punished in such a brutal way. As per the law, whoever commits crime needs to be punished because the fear of punishment helps to reduce the crime rate. Without giving punishmentitisnotpossibletomakeacrime-freesociety.However,thepunishment implemented ‘In the Penal Colony’ is not appropriate. It is brutal and also excessive. No chance had been given to the accused to prove himself not guilty. Rather, this kind of brutal punishment is considered to be a form of justice which is also insufficient. A cost-benefit analysis may be utilized by the state to observe that how much cost usually involves punishing an offender. The primary purpose of punishment is to safeguard society, by preventing future criminals from committing more offenses, by modifying and rendering the actual perpetrator a legally-conscious person. To achieve this goal punishment needs to be proportionate (Reiman & Leighton, 2015). Many criminologists are of the view that punishment must fit the crime. If it does not fit the crime it has a great negative impact on society and treated as a failure of justice. The victim and relatives of victims of violent crimes feel insulted by the fact that the courts fail to ensure that perpetrators pay the price for their destruction.
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