The Impact of Family on the Determination and Execution of Punishment

Abstract

According to criminologist point of view it is necessary to penalize the offender. Nevertheless there are some criminal rules which, in certain circumstances, reduce the severity of punishment. Sometimes in special cases some privileges are granted to the offender which negates the nature of penalties and sometimes it makes his pain less severe. According to laws and judicial procedure, being encumbered with a large family can be a factor to mitgate the punishment or some privileges will be granted to the offender. This raises the question as to whether the encumberment with family is a factor for escaping punishment or causes the perpetrators to misuse such condition. Judicial and criminal law policy face two critical issues: whether to secure public order or to support the offender's family, but the latter issue is considered of more importance and it is believed that by securing family, the other objective can be achieved. Therefore it prevents undesirable and adverse effects of punishment on offender's family. Also family therapy helps to correct the offender and prevents the repetition of crime and ultimately public order is ensured.

Keywords

• criminology
• law
• offender
• mitigation of punishment
• family threapy