The role of deterrence and retribution in sentencing in South African courts

The role of Deterrence and Retribution in sentencing in South \nAfrican Courts \nSince the early history of the existence of humanity punishment \nhas been meted out to transgressors of the laws of society. \nInformal sanctions, including ostracism are imposed by members of \nsociety for social transgressions. Formal punishment is imposed \nby courts through a system of criminal justice. \nThis dissertation deals with the concept of punishment. It \nconsiders the significance of the theories of punishment in the \nsentencing process with particular reference to deterrence and \nretribution, the philosophical rationale for their use and thus \ntheir role in sentencing. \nIn this study the historical evolution of retribution is traced \nand the recognition accorded particularly to retribution and \ndeterrence as well as reformation and prevention as penal \nobjectives at various periods in history is examined. \nCase law has been cited to determine their recognition by \njudicial practice in criminal courts. \nThe study also reflects on the criminal justice system's clients' \nperceptions on sentencing.