PHILOSOPHIES OF PUNISHMENT AND SENTENCING PRACTICES

PHILOSOPHIES OF PUNISHMENT AND SENTENCING PRACTICES

PHILOSOPHIES OF PUNISHMENT AND SENTENCING PRACTICES

AUTHORS – RENGANATHAN. V & KARTHIKEYAN. C, STUDENTS AT SASTRA DEEMED TO BE UNIVERSITY

BEST CITATION – RENGANATHAN. V & KARTHIKEYAN. C, PHILOSOPHIES OF PUNISHMENT AND SENTENCING PRACTICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 196-205, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper delves into the intricate interplay between philosophies of punishment, sentencing practices, and emerging global challenges. It explores the evolution of these concepts from historical roots to contemporary applications, with a particular focus on their manifestation in India. The paper examines the core principles of retribution, deterrence, rehabilitation, and incapacitation, and how they are balanced in different legal systems. It also analyses the impact of globalization, technology, and terrorism on criminal justice systems. Additionally, the paper discusses the role of sociology and restorative justice in addressing the root causes of crime and promoting social healing. By examining these issues, the paper aims to contribute to a deeper understanding of the complexities of punishment and sentencing in the 21st century.

Keywords: Philosophical Foundations, Procedural Rights,Sentencing Disparities