영국의 형벌제도 개관

Abstract

What is punishment? It may be more useful to distinguish punishment from other forms of pain or sufferin such as a painful treatment for a medical condition where the harm is not an expression of moral condemnation, and not a response to our misdeeds. What distinguish punishment is its expressive function. Punishment has a symbolic significance largely missing from other kinds of penalties. Punishment is 'a symbolic way of getting back at the criminal, of expressing a kind of vindictive resentment'. And a futher distinguishing feature of punishment is that it seems from an authoritative source, usually the state. And the focus of the penal police stands at the 'what to punish, how to punish, and how much to punish'. These three dimensions of penal policy shape policy outcomes. There are four main categories of punishment : custodial sentences, community sentences, fines, and other miscellaneous sentences. Specially Criminal Justice Act 2003 provides various custodial sentences. These are Custody Plus, intermittent custody. Also Criminal Justice Act 2003 provides various order which judge can impose on the community sentence. These are ' an unpaid work requirement, an active requirement, a programme requirement, a prohibited requirement, a curfew requirement, an exclusion requirement, a residence requirement, a mental health treatment requirement), a drug rehabilitation requirement, an alcohol requirement, a supervision requirement, an attendance centre requirement'. This big changes on the punishments are a kind of effort which Government and Parliament of England pursuit to reduce rate of crime and population of the prison. Custody Plus and Intermittent custody are acceptable to us to solve the over crowded situation of prison.