The Preventive Theory Essay

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The preventive theory is founded on the idea of preventing repetition of crime by disabling the offender through measures such as imprisonment, forfeiture and suspension of licence. Preventive theory was supported by utilitarian law reformers. It has a more humanising effect on the society as this theory doesn’t propagate avenging the crimes but aims to make the society safer by keeping offenders in jails. In their view, it is the certainty of law and its severity which has a real effect on offenders. The development of the institution of prison is essentially an outcome of the preventive theory of crime. Some supporters of this theory also consider capital punishment to be a part if this theory. This theory is based on the idea of preventing…show more content…
One is of worldwide scope; the other three are regional. The Second Optional Protocol to the International Covenant on Civil and Political Rights , adopted by the UN General Assembly resolution of 15 December 1989, provides for the total abolition of the death penalty but allows states parties to retain the death penalty in time of war if they make a reservation to that effect at the time of ratifying or acceding to the Protocol. Protocol No. 6 to the Convention for the Article one of the Protection of Human Rights and Fundamental Freedoms [European Convention on Human Rights], adopted by the Council of Europe in 1982, provides for the abolition of the death penalty in peacetime, However, it’s Article two states, A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The Protocol to the American Convention on Human Rights to Abolish the Death Penalty, adopted by the General Assembly of the Organization of American States in 1990, provides for the total abolition of the death penalty but allows states parties to retain the death penalty in war. The section (2) of Charter on Fundamental Rights of the European Union states no one shall be condemned to death
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