Determination of penalty in sociological perspective

The general purpose of legal rules is to ensure social order and welfare. All legal systems primarily serve this purpose. In this context, the main function of criminal law is to regard the violation of social order as a crime and to regulate and make the penalties against these behaviors understandable. Certain social control mechanisms, like legal rules, ensure and protect the continuity of social order. The social functions that the individual expects from society can only be provided by the continuation of this order. Thanks to this order, we can talk about the peace and welfare of individuals. At this point, it is seen how important the legally important concepts of crime and punishment are in the field of sociology. Approaching from this perspective, a conceptual framework was drawn for both branches of science and the issue of deterrence of punishment was evaluated from the perspective of law and sociology. While doing this, different opinions regarding the types of punishment were discussed. It has been clarified in the theory section that the sole purpose of criminals when committing crimes is not to escape punishment. In conclusion; No matter how high the deterrent effect of punishment is in different periods, the factors that trigger crime can play a more effective and dominant role in the survival of each individual. For example; It is thought that many factors such as unemployment, coming from a broken family, being marginalized, being exposed to a criminal environment, irrelevant past childhood stories, genetic factors, disbelief, and adaptation disorders after migration form the basis of crime. As a matter of fact, crime was mentioned even in periods when criminals were punished severely.