Final answer:
The proper role of deciding the proportionality of a criminal sanction or criminalizing a conduct is typically assigned to the legislative branch of government, which passes laws defining criminal conduct and establishing punishments. The judiciary interprets and applies these laws to specific cases.
Step-by-step explanation:
The proper role of deciding the proportionality of a criminal sanction or criminalizing a conduct is typically assigned to the legislative branch of government in most legal systems. The legislative branch, which consists of elected representatives, passes laws that define criminal conduct and establish the corresponding punishments for those actions. They consider various factors such as the severity of the offense, the harm caused, and the intent of the offender.
Once a law is enacted, the role of deciding the proportionality of a criminal sanction or criminalizing a conduct shifts to the judicial branch. The judiciary interprets and applies the laws to specific cases. Judges determine the appropriate punishment based on the specific circumstances, taking into consideration factors such as the defendant's criminal history, the harm caused, and any mitigating or aggravating factors.
It is important to note that the role of deciding proportionality and criminalization can vary depending on the legal system and the type of offense. Some jurisdictions may grant more discretion to judges in determining punishment, while others may have mandatory sentencing laws that limit judicial discretion.