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The Eritrean Customary Laws: ‘Old-Modern’ Treasures For An Effective Sentencing Regime – The Just Desert System

By

Abstract

Scholars of contemporary criminal law have identified these purposes as carrying four basic elements:
- reformation (rehabilitation) of the convicted;
- deterrence of the convicted and/or potential criminals from committing further crimes in the future;
- disablement (incapacitation) of the convicted from engaging in criminal acts and thereby protecting the society; and
- retribution (revenge) for the crime committed against the victims and the society.
Reflected in any form or wording, these purposes of criminal law are usually kept together in the penal codes. The essence of keeping all (or some) of these purposes together (and very often in a single article) is that judges, in passing sentences after conviction, are required to keep these purposes in mind and that the sentences shall be carried out in a manner that embodies these purposes together.