Straffeetik - Etisk kritik af nyt lovforslag om at mindske brugen af samfundstjeneste i voldssager

Louise Engel, Laura Oline Tudic, Josefine Munch-Petersen, Lea Maj Brinck Larsen & Clara Therese Jensen

Studenteropgave: Basisprojekt

Abstrakt

The aim of this study is to examine a selection from the Danish criminal law in cases of vio-lence, and how it can be ethically defended in order to take all parties involved in account in-cluding the victim, the sense of justice among the population and to decrease the risk of a re-lapse. We examine a new law proposal by Justitsministeriet from 2019 by analyzing its argu-ments, and through this we aim to challenge and to investigate the consequences that follow by instituting the law. The study accounts for the theories about criminal ethics presented by pro-fessor in philosophy Jesper Ryberg. Hereafter follows a review of the crime preventing initia-tive rehabilitation, focusing on community service, followed by a review of the impact of crimi-nal records on rehabilitation by professor in administrative law Michael Gøtze. An analysis based on the theories provides us with the possibility of emphasizing and criticizing the argu-ments. It appears in the analysis that the argumentation has a retrospective viewing, and that especially of the victim and the feeling of justice in the population is being considered. Fur-thermore, it is discussed in which extent the feeling of justice among the population should get to influent the legislation. The role of penal research in the argumentation is also discussed. The results implicate that the argumentation seems partly contradictory, as Justitsministeriet wishes to decrease the use of community service in cases of violence. But in contradiction all penal research points at alternative penalties, such as community service, is contributing to decreasing the risk of relapse.

UddannelserBasis - Humanistisk Bacheloruddannelse, (Bachelor uddannelse) Basis
SprogDansk
Udgivelsesdato13 dec. 2019
Antal sider62
VejledereThomas Søbirk Petersen

Emneord

  • Recidiv
  • Resocialisering
  • Straffeetik
  • Utilitarisme
  • Retributivisme
  • Retsfølelse
  • Straffeattester
  • Samfundstjeneste