Criminal Justice System And The Role Of Punishments In Society- A Human Rights Perspective

Edgar. K, Tamil Nadu National Law University

ABSTRACT

The concept of crime has been a very predominant trait of the human being itself when his actions infringe the rights of others. Along with defining punishments in the criminal law justice system, the concept of punishment has been an inherent part of the growth of criminal law jurisprudence. However, the aspect of punishments in the criminal law justice system is of great uncertainty when it comes to the output it has yielded to the society i.e the question of whether punishments have deterred crimes or it has made any less evil is a question unanswerable in a single dimension. Thus, this research project will majorly focus on how the concept of crime and punishment evolve eventually in society and will analyze the work of very famous philosophers in this field such as Michel Foucault, H.L.A. Hart etc. The research will further move on to critically analyze the effect of punishments that is tangibly seen in society concerning the rehabilitation of criminals and mitigation of crimes. Concepts like recidivism will also be discussed in the research under the purview of the effect of punishments. Concomitantly, the entire discourse will be a comparative analysis of different theories by different philosophers, Indian and International law and also about capital punishments.