- •Sentence
- •Punishment
- •Penalties in England
- •Capital punishment
- •Contemporary use of capital punishment by country
- •Methods
- •The longest term of detention waiting for exucation
- •The longest terms of imprisonment
- •The longest imprisonment period
- •В Саудовской Аравии по решению суда выпороли принца
- •Первая за 10 лет смертная казнь в Казахстане: возможна ли отмена моратория?
- •Высшая мера: практика смертной казни в странах мира
- •В России появится новый вид уголовного наказания
- •Дайджест зарубежных сми
Sentence
In law, a sentence forms the final act of a judge-ruled process. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime. The first use of this word with this meaning was in Roman law, where it indicated the opinion of a jurist on a given question, expressed in written or in oral response. It was the decision of the judging organ (both in civil and in penal trials). In modern Latin systems the sentence is mainly the final act of any procedure in which a judge, or more generally an organ is called to express his evaluation.
Five purposes of sentencing, to which any court dealing with an offender must have regard:
- the punishment of offenders,
- the reduction of crime,
- the reform and rehabilitation of offenders,
- the protection of the public,
- the making of reparation by offenders to persons affected by their offences.
Punishment
A punishment in criminal law is considered as a measure of state impact applied to a person convicted of a crime. Punishment, therefore, is a kind of social consequence of a crime. The right of states to apply punishments comes from the goal ensuring safety of people living together in a society. Currently, punishment is usually imposed only by court and only in legally established procedural order. Punishment has both a legal and a social function. A legal function of punishment is expressed in the fact that it serves as a measure of the implementation of justice. A social function of punishment is expressed in the fact that it is a means to fight crime, to protect the public from attacks on its basic values. In the contemporary criminal law punishment is public: it is imposed only on behalf of the state in a special order. It also should safeguard human rights of a person, accused of committing a crime. Criminal punishment differs from measures of administrative responsibility, as well as from disciplinary penalties.
The classical school of criminal law offered the following view of the purpose of punishment: “The purpose of punishment is not in the torture and torment of a person… The purpose of punishment is to prevent the guilty one to harm the public again and to deter others from doing the same”. Later there emerged the theory, which called the correction of offenders as the main purpose of punishment.
Usually three objectives of punishment are highlighted:
- social justice,
- correction of the convicted,
- prevention of new crimes.
In some countries (particularly in Russia) conditional (suspended) sentences are imposed. It means the imposition of punishment without its actual serving, but with using correctional influence measures towards a convicted. In case the convicted evades these measures or commits a new socially dangerous offence, the real penalty can be executed.
The history and the world practice know a large number of forms of punishment. Some of them were used in ancient times and have been imposed to these days, while the others are almost a thing of history.
Fine |
This penalty is one of the most ancient forms of punishment. It is applied in the criminal law of most states and is imposed usually for minor offenses (especially economic ones), as well as a supplement to other forms of punishment. |
Suppression of civil rights |
A criminal punishment is in the form of suppression of certain personal, civil and political rights. History knows many cases when suppression (disqualification) ended in recognition of the convicted “legally dead”. For example, legislation of many countries provides the prohibition to hold certain positions or engage in certain activities. |
Forced labour |
Various forms of involvement a criminal in forced labour for the benefit of the state and society can serve as a punishment. The most ancient and severe one was katorga (hard labour), the essence of which lied in the execution of servitude of the most serious and dangerous for health work. As a rule, it was connected with exile to remote areas. Currently, katorga is almost universally excluded from the system of criminal punishment due to inhumanity. At present the first place among the forms of punishment, including forced labour, occupies compulsory work, the essence of which is to execute by a convicted in free, from his main work or school, time community services, which are non-paid. |
Corporal (physical) punishment
|
Corporal punishment is one of the oldest (along with the death penalty) punishments meaning causing physical pain or injury to those who should be punished. In particular, corporal punishments were known already to the laws of Hammurabi and were widely used in the Roman Empire. Especially massively corporal punishments were used during the period of feudalism. At present, almost all countries abolished corporal punishment. Its use is prohibited by many international conventions. |
Forced relocation (displacement) |
The punishment includes forced displacement of people from one place to another. Thus, the laws of many countries know such punishment as an exile, the essence of which was to relocate the convicted from the place of his (her) permanent or temporary residence to certain areas as a rule, fairly remote, with the mandatory demand to settle there for a fixed period or even permanently. Expulsion is a penalty of prohibition to reside in certain locations or areas within the state. In this case, unlike in case of exile, the convicted can choose his (her) place of residence at his (her) own wish. Currently, these forms of punishment are excluded from the criminal law in many countries. |
Suspended (conditional) sentence
|
A suspended sentence is a legal term for a judge’s delaying of a defendants’ serving of a sentence after they have been found guilty, in order to allow the defendants to perform a period of probation. If the defendant does not break the law during that period, and fulfils the particular conditions of the probation, the judge usually dismisses the sentence. It is exercised in Australia (usually in order to alleviate the strain on overcrowded prisons), in Finland (“conditional imprisonment”), in Ireland (in 2016 it was ruled unconstitutional, Japan (it can be applied in cases where a sentence is for up to 3 years in prison), the United States (usually to first-time offenders who have committed a minor crime), the People's Republic of China (death sentences can also be suspended), in Russia. |
Probation
|
Probation in criminal law is a period of supervision over an offender, ordered by a court instead of serving time in prison. In some jurisdictions, the term probation only applies to community sentences, such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During this testing period, an offender faces the threat of being sent back to prison, if found breaking the rules. |
Deprivation of freedom (imprisonment) |
One of the main forms of punishment used in modern criminal law is imprisonment, which means the forced placement of a perpetrator in a specialized establishment in which he (she) is isolated from the community, his (her) behaviour is supervised, and as well various measures of corrective treatment are applied to him (her) as well. As a rule, imprisonment is imposed to criminals who have committed serious crimes or to recidivists. Deprivation of freedom can be imposed for a fixed term or for life or without pointing a certain period. In imposing a sentence of imprisonment without a certain period the court establishes only a minimum term of a sentence. A criminal stays in a correctional establishment as long as its administration sets, basing the decision on the “correction” or “no correction” of the convicted. Imprisonment for an indefinite period was used as a punishment in some states of the USA. |
Death penalty (death sentence) as capital punishment |
Death penalty is deprivation of person’s life as a punishment, legalized by the state and executed in accordance with court sentence or (historically) in accordance with the decision of other governmental or military authorities. |
