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5. Justice and
punishment
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Article 40-The design
and imposition of punishment of absolution
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| 40.1 |
Absolution |
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Where an offender willingly shows remorse upon the first opportunity of hearing of the charge(s) against them and at such a plea does offer a reply of "guilty" to all charges brought against them, then such a man or woman shall be eligible to the minimum penalty options of the corresponding articles, known as absolution. |
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If an offender does not offer a guilty plea to each and every charge brought before them at their pre-trial hearing, then they shall automatically not be eligible for absolution, regardless of how many guilty plea's they offered to various charges. |
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| 40.2 |
The symbolic importance of Absolution |
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Regardless of the minimum sentences demanded by society for certain crimes, the importance of an offender offering a clear sign of early remorse, without having to undergo the time, expense and trauma of further court proceedings is significant. |
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Firstly it is significant in that it clearly demonstrates on the part of the offender a level of remorse and guilt for their crimes. In this sense, one of the goals of sentencing being the object to limit the risk of re-offence is better served by such early recognition by an offender. |
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Secondly, such early remorse and guilt shows a clear willingness of the offender to seek some form of resolution for their crime. Again, this benefits any sentence regime in that the offender clearly shows a willingness to move forward an make amends. |
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While the seriousness of some crimes means that a sentence, regardless of whether it qualifies as absolution means that significant reductions of a men and women liberties and rights might be mandated, in most cases absolution means an offender is entitled to undergo a shorter, more specific and intensive sentence than otherwise would be the case if they failed to admit such early guilt. |
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| 40.3 |
The chance to be absolved by society for one's crimes |
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Contrary to the historic principle of criminal code based on an 'eye for an eye', one of the greatest incentives for non-repeat offenders of crime in society is the chance to be absolved by society for one's crimes. |
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That is, upon admitting early guilt and willingly accepting the need to change and seek reconciliation in some cases for one's crimes, society in exchange is willing to eventually absolve a man or woman of their crimes. This therefore must include the notion that all record of such crime under absolution must have a sunset clause and furthermore, that upon reaching a certain date having not re-offended, that the state effectively "pardons" a former convicted criminal in recognition of their full rehabilitation. |
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Even for the very worst of crimes, this Code offers those convicted of the most grave of sexual and violent crimes against people and in particular against women and children the opportunity to be absolved of their crime through their willingness to choose to be put to death- by choice. |
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