NCJ Number
139075
Journal
EuroCriminology Volume: 2 Dated: (1988) Pages: 29-38
Date Published
1988
Length
10 pages
Annotation
The phenomenon of crime, violence, and criminal justice is not new, and ways of preventing crime should be permanent and multiform; yet, debate persists over whether society has the right to punish.
Abstract
A distinction is made between prevention and repression, with prevention linked to the suspension of fundamental human rights by totalitarian regimes. In democratic countries, the notion of repression is inherent in the respect of human rights. The right to punish does not ensue from the fact that a crime involves breaking the law; rather, the right to punish questions society's very foundation, the common rules of life. The existence of criminals who place themselves above the law constitutes an unavoidable problem, and there is consequently a need to restore the bonds of legality and solidarity which have been broken by acts of violence. The author examines the collective nature of guilt and sanctions, personal morals and personal condemnation, the role of punishment versus deterrence and rehabilitation, social and psychological factors in criminality, and the social meaning of punishment. He concludes that as long as the law is respected by citizens as a whole and it reflects collective values and customs, punishment can play a role in society.