Practice question · Sort into groups
Sort each statement by whether it is true of a PENALTY, of a SECURITY MEASURE, or of both.
Groups: A penalty · A security measure · Both
- Based on dangerousness
- Requires offence committed
- Based on guilt for act
- Cannot exceed normal penalty
- Capped by desert
- Aimed at reintegration
Hints
- One column is about what the person did, the other about what they might do.
- Two of the six statements apply to both tracks at once.
Show the answer
A penalty: Based on guilt for act, Capped by desert
A security measure: Based on dangerousness, Cannot exceed normal penalty
Both: Requires offence committed, Aimed at reintegration
Why
The third item is the one that keeps the second track inside criminal law. A security measure in the Spanish system is post-delictual: dangerousness alone is not enough, it must have been shown by the commission of an act defined as an offence. Without that condition the second track would be preventive detention with a different name.
Practise What Punishment Is For
The app has 6 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on What Punishment Is For
- Article 25.2 CE directs custodial sentences towards re-education and social reintegration. What does this…
- Why does a justification of punishment built purely on prevention need an external limit imported from…
- Which are objections that have been made to a purely retributive justification of punishment?
- Complete the account of the theories of punishment.
- Arrange the moments of punishment in the order they occur, on the standard mixed account.
- Arrange these Spanish criminal codes in chronological order.
- In what year did Beccaria publish On Crimes and Punishments, the founding text of the modern critique of…