Deterrent Punishment For Habitual Offenders: Suggestive Framework For The Criminal Justice System In India

Thayanithy.A, BA LLB, Christ University Dr. Karthi, Christ University

ABSTRACT

The main aim of this topic is to reduce crime and find a solution to stop crime. The criminal justice system has been formulated from the judicial principles of constitutionalism. This paper proposes a suggestive framework for the criminal justice system in India to effectively deter habitual offenders. The safety of the general public and the welfare of society are seriously jeopardized by habitual offenders, so a comprehensive strategy that incorporates both punishment and rehabilitation is required. Numerous states have passed some form of habitual offender legislation in an effort to address the problem and discourage people from committing crimes on a regular basis. The intention behind this is to potentially reduce the frequency of recurrent criminal activity. A habitual offender statute may make a repeat offender's punishment more severe, depending on the state. It might also change the kind of crime that an offender is charged with (such as misdemeanor vs. felony) or increase the number of requirements that they must fulfill to finish their probation or parole period. The framework's main goal is to reevaluate sentencing guidelines by imposing mandatory minimum sentences and lengthier jail terms for repeat offenders. It also takes into account other options for punishing non-violent habitual offenders. These minimal but essential measures include consistent reform of the criminal law, fostering and building trust in a skeptical justice system, curbing abuses of power by the police system, and obvious measures. Targeted crime prevention measures, such as increased police presence and advanced surveillance systems, further contribute to deterring habitual offenders. By implementing this framework, India can work towards curbing habitual offending and fostering a safer society.

Keywords: judicial principles of constitutionalism, punishment, and rehabilitation, the skeptical justice system