Some unresolved legal issues relating to punishment of offenders in criminal law and their effect on sentencing policies: the case of drug abusers
- Autores: S.K. Chatterjee
- Localización: Boletín de estupefacientes, ISSN 0251-7086, Nº. 3, 1984, págs. 59-76
- Idioma: inglés
- Enlaces
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Resumen
The sentencing policy of a country is based on extra-legal considerations, such as political, social and moral principles, although the sentencing procedure employs legal principles. In imposing sentences the concepts of recklessness, negligence or liability are controversial, but they seem to be determining factors or at least play an important role in most legal systems. Sanctions do not need any legal justification, they are mostly value-oriented. The deterrence theory of sanctions still seems to be playing a significant role. Despite its lack of legal support, sanctions seem to serve a purpose in society, even though they are not quantifiable or certain. In the case of drug-related offences, there often exists a tendency to disregard the criminal acts of drug addicts. Although the education and rehabilitation of drug addicts are believed to be efficacious; from a legal point of view the incidence of contributory offence, that is, in certain circumstances the participation of the addict himself, in enhancing illicit trafficking in drugs cannot be ignored. However, illicit traffickers must be subject to severe sanctions of law.
