Saturday, October 31, 2009

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The purpose of the sentence (I)

* Post to read, preferably with ominous music in the background *

Hello! Happy All Saints Day and / or Halloween!

disguise I hope ye all of one thing or another to celebrate the occasion. Last year I dressed up as Canadian (costume fun and provocative as they come), but this year in that he had no plan and had no too many ideas the truth is that I limited myself to go with the dress of "opposition in the making" that I have been normal. Before getting to today's topic let me briefly mention the Hall of Manga: Although you do not like too the world of manga and animation worth going to see this show at least once in their life. What people, my mother, who disguises, they do. And I considered myself "geek" ... Like everything in life, the things we are more outsiders are most helpful, using the English expression, to "Think Outside the box ."

Without further ado here we go with today's topic: The purpose of punishment. Indeed it is no coincidence that specifically address this issue today. If I'm honest, this track is my personal horror story of the race, not so much because of its difficulty but because, when zombie, refuses to die. I have given the purpose of the sentence in first (legal theory), second (penalty), third (criminal politics) and fourth (philosophy and environmental criminal law), and why I took the optional economic criminal law. Sure, there comes a point where they get sick, and with the limits and guarantees the right to punish (ask him to any law student on the STC of firearms, to see which side gets), which we discuss later . So, it all started in a abandoned castle on a cold stormy night ...

State Before the problems were solved through self-help, ie, that each manages and could : if you steal my horse, I'll steal the next door or you will steal the harvest. If you kill my brother, I kill you or kill you or yours. Here's how the topic until someone saw it and were not going anywhere and decided that the State shall maintain peace and social order. So the thing has remained until today : people give up "to take us the law into our hand" to the State, in charge of punishing criminals . The debate on "the purpose de la pena" es aquí donde surge, e intenta responder a las siguientes preguntas: ¿Qué tipo de pena hay que imponerle al criminal? ¿Cómo y porqué? ¿Cuánto tiempo tiene que estar entre rejas?

Ya os avanzo que la doctrina y los jueces han terminado por determinar cuatro finalidades o justificaciones distintas: retribución, prevención o disuasión, resocialización e incapacitación . Ya iréis viendo que en función de la perspectiva que cojamos todo el sistema se ve muy distinto. Además se trata de un tema que no es baladí, ya que de un modo u otro sale en las noticias día sí día también. Espero que estos posts os sirvan para entender un poco over the (unpleasant) part of this world in which we live are the events.

to end Let me tell you in two sentences the purpose easier to explain: l to pay . According to this view is to impose a criminal punishment because he deserves it, and is summarized in the famous "eye for eye, tooth for tooth" . Positive aspects: we all like that "justice" and introduces a proportionality test: if you steal my portfolio I can not kill your family. Negatives: It is very difficult to calculate the exact proportionality of a particular crime with a penalty in the current system. I think a couple of examples may help clarify this:

- Following the "eye for an eye", would you rape a rapist?

- What penalty is imposed on a scammer? Would you cheat on him? Complicated ...

has been a bit dense this post, right? The next will be more entertaining, you'll see.

not let the zombies eat you ce l ebro!

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