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Incarceration Vs Rehabilitation Essay

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Reformative theory:
In course of time, human attitude has become more rational and humane towards crime and criminals. Rehabilitation of offenders, not their punishment, has gained the prime concern. As against retributive, deterrent and preventive viewpoints reformative approach to punishment brought a change in the outlook how to deal with the offenders. In developed human societies there was a shift from retributive and deterrent attitudes to reformative attitude, where penal policy started to formulate for bringing about a positive change in wrong doer through ethical and religious teaching. They advocate for narrowing down the gap between incarcerated life and free life. This theory favors indeterminate sentence and provided a ground for development of the philosophy of rehabilitation-a modern philosophy of incarceration. As the causes of criminality lie in biological, psychological or social conditions, the offenders should be treated, rather …show more content…

Keeping sheer emphasis on the adoption of non-custodial sanctions on the convicted offenders the UN passed the United Nations Standard Minimum Rules for Non-custodial Measures -1990(The Tokyo Rules) which prescribes some definite measures as alternatives to traditional punishments. In Bangladesh,the Penal Code 1860, the Probation of Offenders Ordinance 1960, the Bangladesh Probation of Offenders Rules 1971, the Children Act 2013, the Special Privileges for Convicted Women Act 2006, The Jail Code of Bangladesh envisage various non-custodial measures to be used in the criminal justice of Bangladesh. However, all the alternatives used in the present world may not be suitable in the legal system of Bangladesh and suitable ones may be introduced considering their feasibilities in terms of socio-legal scale. The following alternative sanctions may be used and developed in the administration of criminal

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