The role of Deterrence and Retribution in sentencing in South
African Courts
Since the early history of the existence of humanity punishment
has been meted out to transgressors of the laws of society.
Informal sanctions, including ostracism are imposed by members of
society for social transgressions. Formal punishment is imposed
by courts through a system of criminal justice.
This dissertation deals with the concept of punishment. It
considers the significance of the theories of punishment in the
sentencing process with particular reference to deterrence and
retribution, the philosophical rationale for their use and thus
their role in sentencing.
In this study the historical evolution of retribution is traced
and the recognition accorded particularly to retribution and
deterrence as well as reformation and prevention as penal
objectives at various periods in history is examined.
Case law has been cited to determine their recognition by
judicial practice in criminal courts.
The study also reflects on the criminal justice system's clients'
perceptions on sentencing. / Criminal & Procedural Law / LL.M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/15673 |
| Date | 11 1900 |
| Creators | Ntshangase, David |
| Contributors | Terblanche, S. S. (Stephanus Salomon), 1959- |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (vii, 59 leaves) |
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