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The recent trends of Criminal Sanctions Legislation, its practicality, and the nature of punishment

  • DONG-A LAW REVIEW
  • 2010, (49), pp.213-250
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Kwang Soub, Song 1

1원광대학교

Accredited

ABSTRACT

Although numerous criminal legislations and other countermeasures against crime exist, neither regulation nor prevention of crime is observed and significant numbers of repeat offenders are appearing in succession. Such phenomena have lead to a degree of understanding of the Law of Crime Saturation, ‘in a society there will be a certain number of crimes.’Are humans good or evil? Why, in the same environment and conditions, do criminals commit crimes? Is the reform of criminals a possibility? We often find ourselves in a dilemma giving definite conclusions to such questions. Crime is not an issue bound only to the criminal and the victim but a common concern for all and it must be addressed and resolved together as a society. Criminal legislations and other measures, of late, need to be drawn up with the obligation of protecting of the rights of the criminal and the victim rather than focusing on retributive justice. Correction strategies and criminal sanctions with the focus on criminal reform will allow successful criminal rehabilitation back into society, where criminals live a renewed life fulfilling the obligations and responsibilities required by society. This is because rash punishments based on myopic retributive justice hinder the establishment of crime prevention strategies and successful criminal rehabilitation via criminal retribution.

Citation status

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