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About the constitutionality of mandatory minimum sentences
As difficult as the task of reaching a reliable verdict may be, the second half of a criminal court's procedure, that of imposing sentences on those who have been found guilty or who have themselves admitted their guilt raises even more fundamental questions. What are we trying to do, what is the ob...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2023
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| _version_ | 1867613669651644416 |
|---|---|
| access_status_str | Open Access |
| author | Oppert, Anna |
| author2 | van Zyl Smit, Dirk |
| author_browse | Oppert, Anna van Zyl Smit, Dirk |
| author_facet | van Zyl Smit, Dirk Oppert, Anna |
| author_sort | Oppert, Anna |
| collection | Thesis |
| description | As difficult as the task of reaching a reliable verdict may be, the second half of a criminal court's procedure, that of imposing sentences on those who have been found guilty or who have themselves admitted their guilt raises even more fundamental questions. What are we trying to do, what is the object of this exercise? Traditionally there have been four approaches to the sentencing of an offender which correspond to the four "objects" or "purposes" of sentencing, namely retribution, rehabilitation, deterrence or incapacitation, i.e. the offender should be punished for the crime; the offender should be punished to be given the opportunity to return "onto the right track"; the offender (individual deterrence) or others (general deterrence) should be deterred from committing similar crimes in the future; and, finally, the offender should be incapacitated, i.e. be prevented from repeating crimes. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/38741 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:39:49.716Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/38741 About the constitutionality of mandatory minimum sentences Oppert, Anna van Zyl Smit, Dirk law As difficult as the task of reaching a reliable verdict may be, the second half of a criminal court's procedure, that of imposing sentences on those who have been found guilty or who have themselves admitted their guilt raises even more fundamental questions. What are we trying to do, what is the object of this exercise? Traditionally there have been four approaches to the sentencing of an offender which correspond to the four "objects" or "purposes" of sentencing, namely retribution, rehabilitation, deterrence or incapacitation, i.e. the offender should be punished for the crime; the offender should be punished to be given the opportunity to return "onto the right track"; the offender (individual deterrence) or others (general deterrence) should be deterred from committing similar crimes in the future; and, finally, the offender should be incapacitated, i.e. be prevented from repeating crimes. 2023-09-18T13:44:58Z 2023-09-18T13:44:58Z 1995 2023-09-18T13:44:43Z Master Thesis Masters LLM http://hdl.handle.net/11427/38741 eng application/pdf Department of Public Law Faculty of Law |
| spellingShingle | law Oppert, Anna About the constitutionality of mandatory minimum sentences |
| thesis_degree_str | Master's |
| title | About the constitutionality of mandatory minimum sentences |
| title_full | About the constitutionality of mandatory minimum sentences |
| title_fullStr | About the constitutionality of mandatory minimum sentences |
| title_full_unstemmed | About the constitutionality of mandatory minimum sentences |
| title_short | About the constitutionality of mandatory minimum sentences |
| title_sort | about the constitutionality of mandatory minimum sentences |
| topic | law |
| url | http://hdl.handle.net/11427/38741 |
| work_keys_str_mv | AT oppertanna abouttheconstitutionalityofmandatoryminimumsentences |