| slovo | definícia |
punishment
(mass) | punishment
- trest |
punishment
(encz) | punishment,potrestání n: Zdeněk Brož |
punishment
(encz) | punishment,trest n: Zdeněk Brož |
Punishment
(gcide) | Punishment \Pun"ish*ment\, n.
1. The act of punishing.
[1913 Webster]
2. Any pain, suffering, or loss inflicted on a person because
of a crime or offense.
[1913 Webster]
I never gave them condign punishment. --Shak.
[1913 Webster]
The rewards and punishments of another life.
--Locke.
[1913 Webster]
3. (Law) A penalty inflicted by a court of justice on a
convicted offender as a just retribution, and incidentally
for the purposes of reformation and prevention.
[1913 Webster]
4. Severe, rough, or disastrous treatment. [Colloq. or Slang]
[Webster 1913 Suppl.] |
punishment
(wn) | punishment
n 1: the act of punishing [syn: punishment, penalty,
penalization, penalisation] |
PUNISHMENT
(bouvier) | PUNISHMENT, crim. law. Some pain or penalty warranted by law, inflicted on a
person, for the commission of a crime or misdemeanor, or for the omission of
the performance of an act required by law, by the judgment and command of
some lawful court.
2. The right of society to punish, is derived by Becoaria, Mably, and
some others, from a supposed agreement which the persons who composes the
primitive societies entered into, in order to keep order and, indeed, the
very existence of the state. According to others, it is the interest and
duty of man to live in society; to defend this right, society may exert this
principle in order to support itself, and this it may do, whenever the acts
punishable would endanger the safety of the whole. And Bentham is of opinion
that the foundation of this right is laid in public utility or necessity.
Delinquents are public enemies, and they must be disarmed and prevented from
doing evil, or society must be destroyed. But, if the social compact has
ever existed, says Livingston, its end must have been the preservation of
the natural rights of the members and, therefore the effects of this fiction
are the same with those of the theory which takes abstract justice as the
foundation of the right to punish; for, this justice, if well considered, is
that which assures to each member of the state, the free exercise of his
rights. And if it should be found that utility, the last source from which
the right to punish is derived, is so intimately united to justice that it
is inseparable from it in the practice of law, it will follow that every
system founded on one of these principles must be supported by the others.
3. To attain their social end, punishments should be exemplary, or
capable of intimidating those who might be tempted to imitate the guilty;
reformatory, or such as should improve the condition of the convicts;
personal, or such as are at least calculated to wound the feelings or affect
the rights of the relations of the guilty divisible, or capable of being
graduated and proportioned to the offence, and the circumstances of each
case; reparable, on account of the fallibility of human justice.
4. Punishments are either corporal or not corporal. The former are,
death, which is usually denominated capital punishment; imprisonment, which
is either with or without labor; vide Penitentiary; whipping, in some
states, though to the honor of several of them, it is not tolerated in them;
banishment and death.
5. The punishments which are not corporal, are fines; forfeitures;
suspension or deprivation of some political or civil right deprivation of
office, and being rendered incapable to hold office; compulsion to remove
nuisances.
6. The object of punishment is to reform the offender; to deter him and
others from committing like offences; and to protect society. Vide 4 Bl.
Com. 7 Rutherf. Inst. B. 1, ch. 18.
7. Punishment to be just ought to be graduated to the enormity of the
offence. It should never exceed what is requisite to reform the criminal and
to protect society; for whatever goes beyond this, is cruelty and revenge,
the relic of a barbarous age. All the circumstances under which the offender
acted should be considered. Vide Moral Insanity.
8. The constitution of the United States, amendments, art. 8, forbids
the infliction of "cruel and unusual punishments."
9. It has been well observed by the author of Principles of Penal Law,
that "when the rights of human nature are not respected, those of the
citizen are gradually disregarded. Those eras are in history found fatal to
liberty, in which cruel punishments predominate. Lenity should be the
guardian of moderate governments; severe penalties, the instruments of
despotism, may give a sudden check to temporary evils, but they have a
tendency to extend themselves to every class of crimes, and their frequency
hardens the sentiments of the people. Une loi rigoureuse produit des crimes.
The excess of the penalty flatters the imagination with the hope of
impunity, and thus becomes an advocate with the offender for the
perpetrating of the offence." Vide Theorie des Lois Criminelles, ch. 2; Bac.
on Crimes and Punishments; Merl. Rep. mot Peine; Dalloz, Dict. mot Peine and
Capital crimes.
10. Punishments are infamous or not infamous. The former continue
through life, unless the offender has been pardoned, and are not dependent
on the length of time for which the party has been sentenced to suffer
imprisonment; a person convicted of a felony, perjury, and other infamous
crimes cannot, therefore, be a witness nor hold any office, although the
period for which he may have been sentenced to imprisonment, may have
expired by lapse of time. As to the effect of a pardon, vide Pardon.
11. Those punishments which are not infamous, are such as are inflicted
on persons for misdemeanors, such as assaults and batteries, libels, and the
like. Vide Crimes; Infamy; Penitentiary.
|
| | podobné slovo | definícia |
punishment
(mass) | punishment
- trest |
a sucker for punishment
(encz) | a sucker for punishment,obětní beránek n: Zdeněk Brož |
capital punishment
(encz) | capital punishment,trest smrti Jiří Šmoldas |
corporal punishment
(encz) | corporal punishment,tělesný trest Zdeněk Brož |
cruel and unusual punishment
(encz) | cruel and unusual punishment, n: |
freedom from cruel and unusual punishment
(encz) | freedom from cruel and unusual punishment, n: |
instrument of punishment
(encz) | instrument of punishment, n: |
punishment
(encz) | punishment,potrestání n: Zdeněk Brožpunishment,trest n: Zdeněk Brož |
punishment-detection trade-off
(encz) | punishment-detection trade-off,vztah trest-detekce [eko.] RNDr. Pavel
Piskač |
punishments
(encz) | punishments,tresty n: pl. Zdeněk Brož |
self-punishment
(encz) | self-punishment, n: |
Canonical punishments
(gcide) | canonic \ca*non"ic\ (k[.a]*n[o^]n"[i^]k), canonical
\ca*non"ic*al\ (k[.a]*n[o^]n"[i^]*kal), a. [L. canonicus, LL.
canonicalis, fr. L. canon: cf. F. canonique. See canon.]
Of or pertaining to a canon; established by, or according to,
a canon or canons. "The oath of canonical obedience."
--Hallam.
[1913 Webster]
2. Appearing in a Biblical canon; as, a canonical book of the
Christian New Testament.
[PJC]
3. Accepted as authoritative; recognized.
[PJC]
4. (Math.) In its standard form, usually also the simplest
form; -- of an equation or coordinate.
[PJC]
5. (Linguistics) Reduced to the simplest and most significant
form possible without loss of generality; as, a canonical
syllable pattern. Opposite of nonstandard.
Syn: standard. [WordNet 1.5]
6. Pertaining to or resembling a musical canon.
[PJC]
Canonical books, or Canonical Scriptures, those books
which are declared by the canons of the church to be of
divine inspiration; -- called collectively the canon.
The Roman Catholic Church holds as canonical several books
which Protestants reject as apocryphal.
Canonical epistles, an appellation given to the epistles
called also general or catholic. See Catholic epistles,
under Canholic.
Canonical form (Math.), the simples or most symmetrical
form to which all functions of the same class can be
reduced without lose of generality.
Canonical hours, certain stated times of the day, fixed by
ecclesiastical laws, and appropriated to the offices of
prayer and devotion; also, certain portions of the
Breviary, to be used at stated hours of the day. In
England, this name is also given to the hours from 8 a. m.
to 3 p. m. (formerly 8 a. m. to 12 m.) before and after
which marriage can not be legally performed in any parish
church.
Canonical letters, letters of several kinds, formerly given
by a bishop to traveling clergymen or laymen, to show that
they were entitled to receive the communion, and to
distinguish them from heretics.
Canonical life, the method or rule of living prescribed by
the ancient clergy who lived in community; a course of
living prescribed for the clergy, less rigid than the
monastic, and more restrained that the secular.
Canonical obedience, submission to the canons of a church,
especially the submission of the inferior clergy to their
bishops, and of other religious orders to their superiors.
Canonical punishments, such as the church may inflict, as
excommunication, degradation, penance, etc.
Canonical sins (Anc. Church.), those for which capital
punishment or public penance decreed by the canon was
inflicted, as idolatry, murder, adultery, heresy.
[1913 Webster] |
Corporal punishment
(gcide) | Corporal \Cor"po*ral\, a. [L. corporalis, fr. corpus body. See
Corpse.]
1. Belonging or relating to the body; bodily. "Past corporal
toil." --Shak.
[1913 Webster]
Pillories and other corporal infections. --Milton.
[1913 Webster]
Corporal punishment (law), punishment applied to the body
of the offender, including the death penalty, whipping,
and imprisonment.
[1913 Webster]
2. Having a body or substance; not spiritual; material. In
this sense now usually written corporeal. --Milton.
[1913 Webster]
A corporal heaven . . . .where the stare are.
--Latimer.
[1913 Webster]
What seemed corporal melted
As breath into the wind. --Shak.
Syn: Corporal, Bodily, Corporeal.
Usage: Bodily is opposed to mental; as, bodily affections.
Corporeal refers to the whole physical structure or
nature, of the body; as, corporeal substance or frame.
Corporal, as now used, refers more to punishment or
some infliction; as, corporal punishment. To speak of
corporeal punishment is an error. Bodily austerities;
the corporeal mold.
[1913 Webster] Corporal |
Draconian punishment
(gcide) | Draconian \Dra*co"ni*an\, a.
Pertaining to Draco, a famous lawgiver of Athens, 621 b. c.
Used especially in the phrase Draconian punishment.
[1913 Webster +PJC]
Draconian code, or Draconian laws, a code of laws made by
Draco. Their measures were so severe that they were said
to be written in letters of blood; hence, any laws of
excessive rigor.
Draconian punishment, punishment so severe as to seem
excessive for the crime being punished.
[1913 Webster +PJC] |
capital punishment
(wn) | capital punishment
n 1: putting a condemned person to death [syn: execution,
executing, capital punishment, death penalty] |
corporal punishment
(wn) | corporal punishment
n 1: the infliction of physical injury on someone convicted of
committing a crime |
cruel and unusual punishment
(wn) | cruel and unusual punishment
n 1: punishment prohibited by the 8th amendment to the U.S.
Constitution; includes torture or degradation or punishment
too severe for the crime committed |
freedom from cruel and unusual punishment
(wn) | freedom from cruel and unusual punishment
n 1: a right guaranteed by the 8th amendment to the US
Constitution |
instrument of punishment
(wn) | instrument of punishment
n 1: an instrument designed and used to punish a condemned
person |
punishment
(wn) | punishment
n 1: the act of punishing [syn: punishment, penalty,
penalization, penalisation] |
self-punishment
(wn) | self-punishment
n 1: punishment inflicted on yourself |
ARBITRARY PUNISHMENTS
(bouvier) | ARBITRARY PUNISHMENTS, practice. Those punishments which are left to the
decision of the judge, in distinction from those which are defined by
statute.
|
PUNISHMENT
(bouvier) | PUNISHMENT, crim. law. Some pain or penalty warranted by law, inflicted on a
person, for the commission of a crime or misdemeanor, or for the omission of
the performance of an act required by law, by the judgment and command of
some lawful court.
2. The right of society to punish, is derived by Becoaria, Mably, and
some others, from a supposed agreement which the persons who composes the
primitive societies entered into, in order to keep order and, indeed, the
very existence of the state. According to others, it is the interest and
duty of man to live in society; to defend this right, society may exert this
principle in order to support itself, and this it may do, whenever the acts
punishable would endanger the safety of the whole. And Bentham is of opinion
that the foundation of this right is laid in public utility or necessity.
Delinquents are public enemies, and they must be disarmed and prevented from
doing evil, or society must be destroyed. But, if the social compact has
ever existed, says Livingston, its end must have been the preservation of
the natural rights of the members and, therefore the effects of this fiction
are the same with those of the theory which takes abstract justice as the
foundation of the right to punish; for, this justice, if well considered, is
that which assures to each member of the state, the free exercise of his
rights. And if it should be found that utility, the last source from which
the right to punish is derived, is so intimately united to justice that it
is inseparable from it in the practice of law, it will follow that every
system founded on one of these principles must be supported by the others.
3. To attain their social end, punishments should be exemplary, or
capable of intimidating those who might be tempted to imitate the guilty;
reformatory, or such as should improve the condition of the convicts;
personal, or such as are at least calculated to wound the feelings or affect
the rights of the relations of the guilty divisible, or capable of being
graduated and proportioned to the offence, and the circumstances of each
case; reparable, on account of the fallibility of human justice.
4. Punishments are either corporal or not corporal. The former are,
death, which is usually denominated capital punishment; imprisonment, which
is either with or without labor; vide Penitentiary; whipping, in some
states, though to the honor of several of them, it is not tolerated in them;
banishment and death.
5. The punishments which are not corporal, are fines; forfeitures;
suspension or deprivation of some political or civil right deprivation of
office, and being rendered incapable to hold office; compulsion to remove
nuisances.
6. The object of punishment is to reform the offender; to deter him and
others from committing like offences; and to protect society. Vide 4 Bl.
Com. 7 Rutherf. Inst. B. 1, ch. 18.
7. Punishment to be just ought to be graduated to the enormity of the
offence. It should never exceed what is requisite to reform the criminal and
to protect society; for whatever goes beyond this, is cruelty and revenge,
the relic of a barbarous age. All the circumstances under which the offender
acted should be considered. Vide Moral Insanity.
8. The constitution of the United States, amendments, art. 8, forbids
the infliction of "cruel and unusual punishments."
9. It has been well observed by the author of Principles of Penal Law,
that "when the rights of human nature are not respected, those of the
citizen are gradually disregarded. Those eras are in history found fatal to
liberty, in which cruel punishments predominate. Lenity should be the
guardian of moderate governments; severe penalties, the instruments of
despotism, may give a sudden check to temporary evils, but they have a
tendency to extend themselves to every class of crimes, and their frequency
hardens the sentiments of the people. Une loi rigoureuse produit des crimes.
The excess of the penalty flatters the imagination with the hope of
impunity, and thus becomes an advocate with the offender for the
perpetrating of the offence." Vide Theorie des Lois Criminelles, ch. 2; Bac.
on Crimes and Punishments; Merl. Rep. mot Peine; Dalloz, Dict. mot Peine and
Capital crimes.
10. Punishments are infamous or not infamous. The former continue
through life, unless the offender has been pardoned, and are not dependent
on the length of time for which the party has been sentenced to suffer
imprisonment; a person convicted of a felony, perjury, and other infamous
crimes cannot, therefore, be a witness nor hold any office, although the
period for which he may have been sentenced to imprisonment, may have
expired by lapse of time. As to the effect of a pardon, vide Pardon.
11. Those punishments which are not infamous, are such as are inflicted
on persons for misdemeanors, such as assaults and batteries, libels, and the
like. Vide Crimes; Infamy; Penitentiary.
|
PUNISHMENT OF DEATH
(bouvier) | PUNISHMENT OF DEATH. The deliberate killing, according to the forms of law,,
of a person who has been lawfully convicted of certain crimes. See Capital
crimes.
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