Criminal Law, Questions and Answers - 1284 Words

1 Introduction Restorative justice as a whole is not gaining support in South Africa as the majority of our country is in favour of the punitive system in order to combat the high levels of crime. However, there are several areas of criminal law that has received increasing support for restorative justice as opposed to our current system, such as when dealing with youth offenders. Despite the harsh criticism of restorative justice, it has received judicial recognition in a number of cases recently. 2 Punishment Punishment is one of the most important features of the criminal process. Regardless of which punishment theory is being used, one must always consider the following triad: 1. the seriousness of the crime, 2. the interests of society, and 3. the accused’s personal circumstances. It is also crucial to take the outrage of the public into account. Punishments should not only deter the individual from re-offending but should also deter like-minded people from committing the same offence. Sentences should always be humane and balanced. It is always imperative that the degree of punishment is in proportion to the crime that has been committed. 3 Absolute Theory The concept of the absolute theory is that the offender has a debt that (s)he has to pay towards society and punishment settles that debt. By being punished, the two scales of justice are balanced once again. According to this theory, punishment should express the community’s disapproval and revulsion of theShow MoreRelatedWhat Is Your Career Choice?1643 Words   |  7 Pages#1 - Question: What is your career choice? #1 - Answer: My set goal for the future is to become a District Attorney. 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