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Treatment or Retribution?

Treatment or Retribution? AUST & NZ JOURNAL OF CRIMINOLOGY (June 1979) 12(19-29) David I Morgan 0 Though boys throw stones at frogs in sport, yet the frogs do not dip in sport hut in earnest. Boin They that can give up essential liherty to ohtain a little temporury safety. deserve ne-ither liherty nor safety. Benjamin Franklin Introduction "That justice consists in treating similar cases in similar ways ·and d isximilar cases in dissimilar ways is one of the oldest philosophical truisms,"! ie, those found guilty of the same criminal act under the same circumstances should he dealt with uniformly. 2 However, an exception to this corollary exists which does not damage the general principle, namely that society may want to assign more intense punishments to repetitions of the same criminal act or class of criminal acts." This would not be an unreasonable practice if it were carried out with consistency and also made a matter of public information. It would seem reasonable to assume that the basic meaning of "law" is holding all responsible to the same rule. This basic principle appears to have been lost in recent decades as the focus of the criminal system shifted from the act to the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian & New Zealand Journal of Criminology SAGE

Treatment or Retribution?

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References (9)

Publisher
SAGE
Copyright
Copyright © by SAGE Publications
ISSN
0004-8658
eISSN
1837-9273
DOI
10.1177/000486587901200203
Publisher site
See Article on Publisher Site

Abstract

AUST & NZ JOURNAL OF CRIMINOLOGY (June 1979) 12(19-29) David I Morgan 0 Though boys throw stones at frogs in sport, yet the frogs do not dip in sport hut in earnest. Boin They that can give up essential liherty to ohtain a little temporury safety. deserve ne-ither liherty nor safety. Benjamin Franklin Introduction "That justice consists in treating similar cases in similar ways ·and d isximilar cases in dissimilar ways is one of the oldest philosophical truisms,"! ie, those found guilty of the same criminal act under the same circumstances should he dealt with uniformly. 2 However, an exception to this corollary exists which does not damage the general principle, namely that society may want to assign more intense punishments to repetitions of the same criminal act or class of criminal acts." This would not be an unreasonable practice if it were carried out with consistency and also made a matter of public information. It would seem reasonable to assume that the basic meaning of "law" is holding all responsible to the same rule. This basic principle appears to have been lost in recent decades as the focus of the criminal system shifted from the act to the

Journal

Australian & New Zealand Journal of Criminology – SAGE

Published: Jun 1, 1979

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