Imprisonment as a form of punishment: a case study of Maldives
Today punishment of imprisonment is seen to be given a less prominent significance in terms of punishing offenders as a means of rehabilitation and reducing recidivism rates throughout the world. However, it is found that the Maldivian courts have adopted a pattern of punishing offenders throu...
| Main Authors: | , |
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| Format: | Article |
| Language: | English English |
| Published: |
Asian and African Research Centre (AARC)
2018
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/70654/ http://irep.iium.edu.my/70654/ http://irep.iium.edu.my/70654/1/paper%20with%20shafy%202018.pdf http://irep.iium.edu.my/70654/7/70654_Imprisonment%20as%20a%20form%20of%20punishment_googlescholar.pdf |
| Summary: | Today punishment of imprisonment is seen
to be given a less prominent significance in
terms of punishing offenders as a means of
rehabilitation and reducing recidivism rates
throughout the world. However, it is found
that the Maldivian courts have adopted a
pattern of punishing offenders through
imprisonment as a general form of
punishment for almost all types of crimes
despite considering the severity and
mitigating factors of a given case. This
pattern of punishing offenders through
imprisonment alone is practiced by an
authority of discretion given to the judges in
the Penal Code of Maldives even though the
same Penal Code allows for the application
of other forms of alternative punishments.
Whilst some may argue on the effectiveness
of imprisonment as a general form of
punishment, our argument lies in resorting
away from a punishment that yields less
possible avenues for rehabilitation and
reintegration of offenders back into the
society and that the preference should be
given to alternative forms of punishments
based on the circumstances surrounding any
individual case. |
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