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Central Instrumental Justice Theory: Purpose Of Criminal Law

371 Words2 Pages

A central instrumental justice theory and an explanation behind the purpose of criminal law is incapacitation, which is a reductivist reasoning of punishment. Utilitarianism, a theory of moral reasoning, forms the basis of reductivism and represents that an act will be considered as justified and reasonable if the consequences of such occurrence are to the benefit to majority population (Millie, 2014). Furthermore, this justifies that if the pain or suffering inflicted on an individual during a period of punishment is beneficiary to society, as it prevents the offender from committing future crimes. Thus, in accordance to the Incapacitation theory, the nature of the offender does not concern the punishment, as in an opposing case with rehabilitation,

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