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The Role of Criminal History in Sentencing Theory and Practice
Košatka, Martin ; Richter, Martin (referee)
158 The Role of Criminal History in Sentencing Theory and Practice Abstract While criminal history enhancements are ubiquitous, they are also a theoretically problematic practice. The distinction between retributive and utilitarian punishment theory was introduced, while typical approaches within these theories of punishment were described and subjected to critical analysis. None of these approaches was found to offer a complete and workable sentencing system. The hybrid theory of limiting retributivism was presented and suggested as a realistic and pragmatic approach. The approaches to sentencing repeat offenders were considered and mutually confronted. Neither the retributive nor the utilitarian approaches were found to be sufficient justifications for broad criminal history enhancements. Enhanced culpability and limiting retributivist models of criminal history enhancements were found theoretically unconvincing but usable in practice as approaches ensuring proportionality. Almost no evidence was found for a coherent justification for enhanced punishment for repeat offenders in Czechia. The legal framework was assessed as too vague and imprecise regarding criminal history enhancements. Policy suggestions based on Roberts and Frase's hybrid model were offered to achieve clearer limits of the criminal...
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The Role of Criminal History in Sentencing Theory and Practice
Košatka, Martin ; Drápal, Jakub (advisor) ; Bohuslav, Lukáš (referee)
158 The Role of Criminal History in Sentencing Theory and Practice Abstract While criminal history enhancements are ubiquitous, they are also a theoretically problematic practice. The distinction between retributive and utilitarian punishment theory was introduced, while typical approaches within these theories of punishment were described and subjected to critical analysis. None of these approaches was found to offer a complete and workable sentencing system. The hybrid theory of limiting retributivism was presented and suggested as a realistic and pragmatic approach. The approaches to sentencing repeat offenders were considered and mutually confronted. Neither the retributive nor the utilitarian approaches were found to be sufficient justifications for broad criminal history enhancements. Enhanced culpability and limiting retributivist models of criminal history enhancements were found theoretically unconvincing but usable in practice as approaches ensuring proportionality. Almost no evidence was found for a coherent justification for enhanced punishment for repeat offenders in Czechia. The legal framework was assessed as too vague and imprecise regarding criminal history enhancements. Policy suggestions based on Roberts and Frase's hybrid model were offered to achieve clearer limits of the criminal...
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Imposition of punishments on adults
Pechan, Richard ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Imposition of punishments on adults Abstract This work is focused on the topic of imposition punishments on adults. The first part defines the concept and purpose of punishment. The characteristics of these concepts are a prerequisite for understanding the following chapters. Retributive, utilitarian and mixed theories of punishment are defined here. The individual functions of punishment are also described here. Another chapter is devoted to the principles of sentencing. The core of the work deals with the gradual analysis of individual criteria that the court takes into account when imposing punishments, together with issues of mitigating and aggravating circumstances. In the final part, attention is paid to the concurrence of crimes, recidivism and their punishment. This part begins with a definition of simultaneity and further elaborates on the three main principles governing the imposition of punishment. Finally, it also provides a detailed overview of the legal concepts of concurrent and aggregate sentences. The thesis is supplemented by selected judgments of the Constitutional Court and the Supreme Court. The main goal of this work is to collect and provide as much information as possible on the issue of imposition of punishments on adults, as well as to analyze the theoretical foundations of this...
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Imposing punishments on adults
Koubová, Michaela ; Heranová, Simona (advisor) ; Mulák, Jiří (referee)
Imposing punishments on adults Abstract This thesis deals with the imposition of punishments on adult offenders. The introductory chapters are devoted first to the definition of the concept of punishment and its position in relation to protections measures, and then to the system of punishment, within which the different types of punishment and their classification according to various criteria are discussed. A substantial part of the work is devoted to the interpretation of the issue of the purpose of punishment, which is the starting point for the imposition of punishment. The purpose of punishment is described using the three main theories of punishment, namely retributive, utilitarian and mixed theories. These theories, their approach to the purpose of punishment and their historical development are discussed in more detail, including their various modifications. This chapter also deals with the purpose of punishment in the Czech legal system and, in connection, with the question of the primary and secondary purpose of punishment. This chapter also includes a separate discussion of the issue of general and individual prevention, which is important in terms of distinguishing the different approaches to the purpose of punishment according to the above-mentioned theories of punishment. Closely related to...
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