对隐遁监护的批判性分析

Akanksha Kumari
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摘要

犯罪一直是一个令人费解的问题,自古以来就一直困扰着人类社会。因此,它变成了一个建立无犯罪社会的神话。在犯罪中有各种各样的惩罚,如赔偿、无期徒刑、死刑、隐居监禁等等。处罚取决于犯罪的严重程度。隐居监禁是指囚犯被隔离在一个单独的牢房里,不与任何人类接触。这种惩罚要求罪行非常严重。如果没有监狱,监禁就不可能有礼貌地实施,因为它的目的是为了约束坏人的犯罪活动。近代以来,刑事司法制度改变了罪犯权利观念,使罪犯权利观念从报复性向矫正性彻底转变。长长的囚犯权利清单也已归司法机关所有,所有当局都有义务遵循。直到今天,印度的监狱仍然人满为患。NCRB的记录显示,入住率比监狱的实际容量高出14%。本文试图从隐遁羁押的起源、背景、发展及其局限性等方面,对隐遁羁押这一较为宽泛的概念进行考察和认识。论文追溯了这种禁闭对囚犯身心健康的影响,也旨在探讨囚犯权利和隔离禁闭的对比效果。对作为刑罚的隐遁羁押的破坏进行了探讨。结合本文的研究关键词,对全文进行了总结。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CRITICAL ANALYSIS OF RECLUSIVE CUSTODY
Crime has always been a puzzling problem, knocking the human community from immemorial time. Thereby it becomes a myth of forming crimeless society. There are various punishments in crime like compensation, life imprisonment, death sentence, reclusive custody and many more. Punishment depends on the gravity of offence. Reclusive custody is detention in which a prisoner is detached from all human contact and isolated in a single cell. This punishment requires high gravity of offence. Confinement can`t be implemented mannerly without prisons as it were established with the motive, to restrain criminal activities of an evil doer. In modern time, prisoner`s rights concept has been changed by the criminal justice system by utterly shifting from retaliatory to corrective approach. The long list of prisoner`s right has also owned by the judiciary, are bound on all authorities to follow. Still today, Indian jails are overcrowded. The NCRB record says that the occupancy ratio is 14% more than the actual capacity of jails. By this paper, the author attempted to investigate and acknowledge the wider concept of reclusive custody by knowing its origin, background, development and limitations. Paper traces, how this confinement has an impact on the mental and physical health of prisoner and also aimed to talk about prisoners right and contrasting effect of isolative restrain. There is a discussion on the destruction of reclusive custody as punishment. The author concludes the paper, considering all key words of the research.
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