• On Punishment. A Critical Review of Punishment as a Sanction in some Aspects of the Criminal Law in Sri Lanka

Publisher:
Lambert Academic Publishing
Publication date:
2012-10-02
ISBN:
9783847372783

Description:

Punishment plays a vital role in controlling crime. The most appropriate degree of punishment is of utmost importance in this regard. Striking a fair balance between uniformity and judicial discretion of sentencing is essential in imposing the most suitable degree of punishment on an offender for a crime. The wide disparities of sentencing for similar offences reveal that the criminal justice system of Sri Lanka has failed in this regard. As far as Sri Lanka is concerned, there is no clear sentencing policy adopted to minimize the wide discrepancy in sentencing. Therefore, this book examine the theories of punishment and critically evaluate the court practice of Sri Lanka in order to introduce a clear sentencing policy and criteria to determine the most appropriate degree of punishment to minimize the wide sentencing discrepancy in criminal cases. This book contains 7 chapters including the introduction and conclusion. Historical background of penal laws of Sri Lanka, theories of punishment, modes of punishment, degree of punishment and reintegration of the offender into the society are discussed from chapter one to chapter 5.

MATERIAS: Theories of punishment, Modes of punishment, Sentencing Policy and factors, Appropriate degree of punishment, Judicial Discretion, Uniformity of sentencing, Guiding principles, Penal Laws, Penal Code, Code of Criminal Procedure Act, Sri Lanka