General Deterrence As A Satisfactory Justification For Punishment

ABSTRACT

It is a universal phenomenon that peace, law and order only exist where justice prevails. Justice is an ingredient of the rule of law. In Namibia crime has become a topical issue. The nation focuses its attention and its fears on the threat of crime. Rights which are guaranteed by the law particularly in the Constitution of the Republic of Namibia such as a right to liberty; to own property and right to dignity are violated by offenders with impunity. For many, the criminal justice system has become soft on crime. It seems deterrent punishments are no longer imposed by the courts. Courts have apparently lost sight of the fact that the law does not only protect the rights of accused and convicted persons, but also those victims of crime. Restorative justice has not found emphasis in the punishment meted out by the courts. The legislature has done little in enacting legislations for the more effective combating of crimes in the country. When hearing the views canvanced by the public, not even the re-introduction of capital punishment is sparred from the list of proposed solutions to the crime. It is however not possible to reintroduce capital punishment given our current Constitution which outrightly outlaws capital punishment in Article 6. Also canvanced by the public is the reintroduction of corporal punishment which has also been declared unconstitutional by the Supreme Court.