This suo motu proceeding under Article 32 was initiated during the course of hearing of a criminal appeal (Crl.A.400/2006 & connected matters). The Court noticed common deficiencies which occur in the course of criminal trials and certain practices adopted by trial courts in criminal proceedings as well as in the disposal of criminal cases and causes.
Category: Criminal Jurisprudence
The Police Court-Edward Abbott Parry
Crime is not only a matter of heredity and education, it is also a question of geography. This geographical distribution of crime is an intensely interesting subject. You will find that Cardigan, for instance, is the whitest county in England and Wales for crimes of all kind, whether against property, morals, or of a violent character.
Reading list for the Students of Criminology- Dept of Criminology Oslo University
Criminology is the study of how various acts are perceived and defined in society. The questions that arises are: What kinds of acts are defined as problems? What kind of problems are these acts defined as? Furthermore, Criminology is the study of the different measures that are taken towards these different kinds of acts. Criminology also discusses societal reactions towards these acts, both informal and formal ones. These forms of reactions include punishment and control, but also measures with an intent to rehabilitate. Some of these reactions may be seen basically as treatment, but even so contain elements of control. A third main field in Criminology deals with the theories that try to describe why people commit these acts that one see as undesirable. The challenge is to try to understand what we see as crime from these three perspectives: Which one are the acts that are perceived as crimes? Why does a society see just these particular acts as serious problems at a given time? How can we understand the forms of punishment and control-measures that a given society finds efficient, acceptable and decent to use? And how is it that some people, and some groups of people, seem more inclined than others to commit these kinds of acts? The study of Criminology is anchored in the Social Sciences, while maintaining strong ties to the Humanities [ Dept of Criminology Oslo University]
Voltaire on the Punishment of Death
The Romans never condemned a citizen to death, unless for crimes which concerned the safety of the state. These our masters, our first legislators, were careful of the blood of their fellow-citizens; but we are extravagant with the blood of ours.
Promoting healthy brain development in utero reduces criminal behavior
There is a growing literature on biological explanations of antisocial and criminal behavior. This paper provides a selective review of three specific biological factors – psychophysiology (with the focus on blunted heart rate and skin conductance), brain mechanisms (with a focus on structural and functional aberrations of the prefrontal cortex, amygdala, and striatum), and genetics (with an emphasis on gene-environment and gene-gene interactions). Overall, understanding the role of biology in antisocial and criminal behavior may help increase the explanatory power of current research and theories, as well as inform policy and treatment options.
Criminal Behavior and Theorising Criminal Activities
Age and Criminal Behavior Abuse and Criminal Behavior Biochemical Theories of Criminal Behavior Body-Type Theories of Criminal Behavior Classical Criminology Containment Theory Corporate Behavior and Crimes Critical Criminology Cultural Criminology Differential Association Theory Differential Oppression Theory Education and Criminal Behavior…
Read More Criminal Behavior and Theorising Criminal Activities
HUMANITARIAN THEORY OF PUNISHMENT- C. S. LEWIS-1954
My subject is not Capital Punishment in particular, but that theory of punishment in general which the controversy showed to be almost universal among my fellow-countrymen. It may be called the Humanitarian theory. Those who hold it think that it is mild and merciful. In this, I believe that they are seriously mistaken.
Guilt, bad conscience and the like-Nietzsche-1887
That idea—"the wrong-doer deserves punishment because he might have acted otherwise," in spite of the fact that it is nowadays so cheap, obvious, natural, and inevitable, and that it has had to serve as an illustration of the way in which the sentiment of justice appeared on earth, is in point of fact an exceedingly late, and even refined form of human judgment and inference; the placing of this idea back at the beginning of the world is simply a clumsy violation of the principles of primitive psychology.
Capital Punishment-India
There are several other sections in which death sentence could be imposed, but that sentence is not mandatory. Under two sections namely Sec. 302-murder and Section 121-waging war against the Government of India, alternative punishments of death or imprisonment for life are leviable.
Crimes are to be estimated by the injury done to society: VOLTAIRE
It is not only the common interest of mankind that crimes should not be committed, but that crimes of every kind should be less frequent, in proportion to the evil they produce to society. Therefore, the means made use of by the legislature to prevent crimes, should be more powerful, in proportion as they are destructive of the public safety and happiness, and as the inducements to commit them are stronger. Therefore there ought to be a fixed proportion between crimes and punishments.
The Origin, Right and Consequences of Punishment: VOLTAIRE
If we look into history we shall find that laws which are, or ought to be, conventions between men in a state of freedom, have been, for the most part, the work of the passions of a few, or the consequences of a fortuitous or temporary necessity; not dictated by a cool examiner of human nature, who knew how to collect in one point the actions of a multitude, and had this only end in view, the greatest happiness of the greatest number.
The Doctrine of Punishment: John Stuart Mill
When a right has been infringed, there are two things, it is evident, which ought to be done: The injury which has been sustained by the individual ought to be repaired: And means ought to be taken to prevent the occurrence of a like evil in future.
Advocatetanmoy Law Library 