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Kerala Law Bookhouse

Crime, Punishment and Due Sentence: Judicial Approach to Guilt in Criminal Justice

Crime, Punishment and Due Sentence: Judicial Approach to Guilt in Criminal Justice

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The primary objective of this book is to cover various facets of the criminal justice system and highlight different aspects of sentencing. It provides a detailed explanation of the criminal justice system that lies at the heart of any society and aims at protection of rights and establishment of framework for conduct of social, political, and economic activity. Some of the vital aspects of the criminal justice system such as punishing the offenders, assuring and providing compensation to victims, and providing protection to the witnesses have been discussed elaborately.

This work captures the recent advancements in criminology and psychology that have paved the way for recognition of the idea that not all offenders are similar and that a degree of flexibility is desirable in the administration of criminal justice. Moreover, it aspires to cover potential tension between the power of court to ‘individualize treatment’ and the ‘mandatory minimum sentences’ prescribed by the legislature that is the subject of intense debate in recent times.

Key Features:

  • Attempts to identify and highlight the fine nuances of sentencing justice and the role of a sentencing judge in criminal justice system
  • Provides an all-inclusive description of crime, punishment, sentencing, mercy, and reformatory jurisprudence
  • Highlights recent changes in judicial approach with regard to crime, punishment, and sentencing
  • Analyzes the ‘place of leniency’ and ‘role of mercy’ in modern sentencing justice
  • Compares sentencing under different criminal justice systems and discusses the systematic sentencing approach in Europe, North America, Australia, New Zealand, and Islamic countries
  • Examines the issue of absence of clear sentencing guidelines in India and the need for judicial sentencing approaches to be analyzed in accordance with the demands of changing times and contexts
  • Provides reference to the relevant sections of the new criminal laws, namely, The Bharatiya Nyaya Sanhita, 2023; The Bharatiya Nagarik Suraksha Sanhita, 2023; and The Bharatiya Sakshya Adhiniyam, 2023
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