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Sentencing policy for habitual offenders- ' Quarantining the criminal'
- Megha Gohel
Habitual offender legislation, frequently aimed at longer sentences for ‘career criminals,’ is based on the analogy between crime and disease, which, when persistent, leads the patient to being quarantined from society in the interests of greater public safety. This analogy reflects the basic assumption of positivist criminology, which treats crime at par with a dangerous disease. §116(4) of the Code of Criminal Procedure (‘CrPC’) can be interpreted to define habitual offenders as persons who are too dangerous or desperate to be left to exi....
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