مبدأ التناسب العقابي : دراسة تأصيلية و تحليلية في الولايات المتحدة الأمريكية

Abstract EN

The concept of proportionality is an important and common concept in criminal law.

it also emphasizes the principle of proportionality in the context of judicial rulings, to ensure that the offender receives a punishment commensurate with the crime he committed.

this study deals with the concept of proportionality of punishment from two perspectives.

first, what is excessive or disproportionate punishment for a particular crime? proponents of the theory of utility and revenge answer this question differently, which may render proportionate punishment according to the principles of the theory of utility disproportionate according to the theory of revenge, and vice versa.

secondly, under what circumstances is a criminal penalty judicially imposed, making it unjust and also unconstitutional? Notably, a few criminal law cases have led to the U.S.

supreme court being split more sharply.

accordingly, the study concluded that every penal legislator, while in the process of developing a punitive text, must take into account the philosophy of both the theory of utility and the theory of retribution together in order to avoid criticism directed at them, and on the basis of that, the legislator must determine the appropriate punishment on the basis of the elements of benefit and harm caused by crime in society.