Möjliga konsekvenser av slopad straffrabatt för unga myndiga

Sammanfattning: In the last few years there has been several increases in the severity of pun-ishment within the Swedish legal system. This is especially true for the legis-lation concerning young offenders. This study aims to analyze the possible consequences on the society and the penalty system that a proposal for such increased penalties can have on young adults aged 18-20 years. SOU 2018:85 Slopad straffrabatt för unga myndiga, is the foundation for this study. However, the proposal of increased penalties, made through this pre-paratory work, was not accepted and therefore not adopted into Swedish law. Therefore this study is based on a hypothetical scenario. The main question of the study is: what possible consequences could the changes to the law through SOU 2018:85 have had on the society and the penalty system if the proposal had been adopted as law? But in order to answer this question, another ques-tion has to be answered first: what are the constitutional changes that were proposed in SOU 2018:85, and what do they mean? These questions are answered using the legal dogmatic method and by apply-ing theories of classical and modern criminal ideologies, as well as the princi-ple of proportionality and the concepts of equal treatment and predictability. The constitutional amendments proposed in SOU 2018:85 all involve tougher penalties and a decrease of special treatment for young adult offenders. Possi-ble consequences, should SOU 2018:85 had been adopted as law, are an in-crease of proportionality within the penalty system regulations, a changed approach to young offenders, a criminal justice system primarily based on the classical criminal ideology, increased consideration to the perspective of crime victims, a simpler and more predictable penalty system by equal treatment of young adult offenders, and lastly increased legal certainty. The conclusion is that several positive consequences might be possible, but they are not all posi-tive. It is possible that a nuanced and partially conflicting penalty system is needed to maximize the prevention of crime.