Lectures On CRIMINAL PROCEDURE including Probation and Juvenile Justice
R.V. Kelkar
The law of criminal procedure is intended to provide a mechanism for the enforcement of criminal law. Without proper procedural law,
the substantive criminal law which defines offences and provides punishments for them, would be almost worthless. Because, in the absence of an enforcement machinery, the threat of punishment held out to the law-breakers by the substantive criminal law would remain empty in practice. Empty threats do not deter, and without deterrent effect, the law of crimes would have hardly any meaning or justification. If "thieves" and "murderers" are not detected, prosecuted, and punished, what is the use of meticulously defining the offences of "theft" and "murder" and prescribing "deterrent" punishments for them?
the substantive criminal law which defines offences and provides punishments for them, would be almost worthless. Because, in the absence of an enforcement machinery, the threat of punishment held out to the law-breakers by the substantive criminal law would remain empty in practice. Empty threats do not deter, and without deterrent effect, the law of crimes would have hardly any meaning or justification. If "thieves" and "murderers" are not detected, prosecuted, and punished, what is the use of meticulously defining the offences of "theft" and "murder" and prescribing "deterrent" punishments for them?
出版:
5
出版社:
Eastern Book Company
语言:
english
文件:
PDF, 424.58 MB
IPFS:
,
english0
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