Professional Legal Training Course (PLTC) Criminal Procedure Practice Exam

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What does the principle of "proportionality" in sentencing require?

That all crimes receive the same punishment

That the punishment is less severe than the crime committed

That the severity of the punishment is proportionate to the crime

The principle of "proportionality" in sentencing requires that the severity of the punishment is proportionate to the crime committed. This means that the legal system aims to ensure that the punishment aligns with the seriousness of the offense, reflecting both the harm caused and the culpability of the offender. This principle serves as a safeguard against excessively harsh penalties for minor offenses and ensures that serious crimes are punished appropriately, thereby maintaining a sense of justice and fairness within the legal system.

By adhering to the principle of proportionality, courts strive to achieve a balanced approach in sentencing, where the punishment fits not only the nature of the crime but also the personal circumstances of the offender. This promotes public confidence in the legal system and helps achieve the goals of punishment, such as deterrence, rehabilitation, and protection of the public.

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That serious crimes are punished with community service

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