Restoration as an Alternative Punishment to Retributive Punishment in Context of General Crime (Theft and Bodily Injury) in Malaysia
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- Date Submitted: 04/03/2014 02:37 AM
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Name: Ananth a/l Balakrishnan
Matric Number: LGC 120007
Subject: Administration of Criminal Justice
TOPIC: Restoration as an Alternative Punishment to Retributive Punishment in Context of General Crime (Theft and Bodily Injury) in Malaysia
Statement of Problem:
Current system in Malaysia:
- Malaysia currently is practicing retributive punishment.
- In the context of theft and bodily injury most punishment that given out is imprisonment
- Malaysia sentencing system is to show the society that certain crimes will not be tolerated, and deterrence in the sense that potential criminals will think twice before breaking the law for fear of being punished
- But the Malaysian sentencing system has other option that can be followed in punishing criminals
- There is an option for criminals offenders to be punished using restorative punishment
- with the increase of prisoners in Malaysia at the cost of the taxpayer money can be disposed for better use
- unfortunately our Malaysian legal system seldom uses these option when carrying out sentencing
Research Methodology:
This research based on Qualitative methods
The study conducted was legalistic in nature, using a qualitative approach. Being so, research methodologies of library research and critical analysis were used in analyzing relevant materials, data and information.
Review Literature Review:
1. Reference will be made to Section 260 of the Criminal Procedure Code
2. Articles and Journals from different authors: (examples)
-The Current Form of Sentencing is outdated, Time For Reform? by v. sithambaram, barrister, (lincoln’s inn),advocate & solicitor, high court (malaya)
-Crime Victims Support System and Restorative Justice:Possible Implementation in Malaysia by Mohd Taufik bin Mohammad
Scope of the Work:
Scope of the research is to focus on how other meant of punishment can be used when sentencing offenders. This research also will show the current system used for punishment in...
Matric Number: LGC 120007
Subject: Administration of Criminal Justice
TOPIC: Restoration as an Alternative Punishment to Retributive Punishment in Context of General Crime (Theft and Bodily Injury) in Malaysia
Statement of Problem:
Current system in Malaysia:
- Malaysia currently is practicing retributive punishment.
- In the context of theft and bodily injury most punishment that given out is imprisonment
- Malaysia sentencing system is to show the society that certain crimes will not be tolerated, and deterrence in the sense that potential criminals will think twice before breaking the law for fear of being punished
- But the Malaysian sentencing system has other option that can be followed in punishing criminals
- There is an option for criminals offenders to be punished using restorative punishment
- with the increase of prisoners in Malaysia at the cost of the taxpayer money can be disposed for better use
- unfortunately our Malaysian legal system seldom uses these option when carrying out sentencing
Research Methodology:
This research based on Qualitative methods
The study conducted was legalistic in nature, using a qualitative approach. Being so, research methodologies of library research and critical analysis were used in analyzing relevant materials, data and information.
Review Literature Review:
1. Reference will be made to Section 260 of the Criminal Procedure Code
2. Articles and Journals from different authors: (examples)
-The Current Form of Sentencing is outdated, Time For Reform? by v. sithambaram, barrister, (lincoln’s inn),advocate & solicitor, high court (malaya)
-Crime Victims Support System and Restorative Justice:Possible Implementation in Malaysia by Mohd Taufik bin Mohammad
Scope of the Work:
Scope of the research is to focus on how other meant of punishment can be used when sentencing offenders. This research also will show the current system used for punishment in...