Theories of punishment and mandatory minimum sentences the. General deterrence theory postulates that increasing the risk of apprehension and punishment in society deters members of society as a. In lieu of an abstract, here is a brief excerpt of the content hegels idea of punishment peter g. Therefore, an effort should be made to reform himher during the period of hisher incarceration. Theories of punishment are a controversial and frequently debated topic. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. A different theory is that offenders take an unfair advantage over nonoffenders and punishment restores the just balance of benefits and burdens. Theories of punishment with special focus on reformative.
Data collection was done in respect of the study specific objectives through data collection methods which include questionnaires and interviews. A crime is committed as a result of the conflict between the character and the motive of the criminal. Thus fines and noncustodial sentences may address the crimes seen as least serious, with lengthy imprisonment or in some jurisdictions capital punishment reserved for. The following are some of the theories of punishment. He should not be used as a means for the good of any other persons. Criminal punishment and the pursuit of justice harvard law school. Generally, it is believed to be a firm of taking revenge and would not serve only penal purpose. Sep 02, 2014 the concept of penal reform had its birth from the reformative theory of punishment. Reformatory theory and contemporary peal provisions. Reformative theory considers punishment to be curative more than to be deterrent. Theories of punishment can be divided into two general philosophies. May 27, 2010 theories of punishment and mandatory minimum sentences.
Reformative theory of punishment the object of punishment. This theory presumes that the adamant and habitual offender can also be changed into a lawabiding citizen by reformation. The retributive view of punishment is pastlooking which is paying back by the offender. Nov 04, 2015 theories of punishment can be divided into two general philosophies. If we get this reform right, stronger, more sensible community sentences will deliver better punishment and better rehabilitation.
Modern deterrence theories have their foun dation in classical criminological theory derived mainly from an essay on crimes and. Reformative theory of punishment the object of punishment has been considerably under the process of changes from the last centuries because of the welfare state concept. Thirtytwo students of grade x were grouped into a corporal punishment group cpg and a psychological treatment group ptg. Holden university of texas at austin parental use of corporal punishment has been a contentious childrearing topic for thousands of years. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Critical analysis of theories of punishment mere denunciation of crime is not enough. Theories of punishment legal definition of theories of punishment. These theories are known as theories of punishment and are generally of five types. The five theories of punishments and their features. Clustered sampling technique was applied to identify the sample size for the study. Retributivist theory focusses on punishment to only those who deserve it.
Feb 28, 2017 modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. Punishment is identified by infliction of pain, forfeiture, chastisement, castigation or penalty. The preventive theory establishes punishment as curative. Psychological limits to the pains of imprisonment, author craig haney argues that the united states has pursued fundamentally flawed prison policies that have crossed the. Punishment means, it is the redress that the commonwealth takes against an offending member1punishment is. According to this theory, crime is like a disease which cannot be cured by killing rather than curing it with the medicine with the help of process of reformation. Theories of punishment with special reference to reformative theory 1796 words 8 pages. Unlike deterrence theory, an innocent can never be punished. As hobbes said that in the state of nature people were nasty, brutish and their life was short. The object of this theory is to make the criminal realize the suffering of the pain by subjecting him to the same kind of pain as he had inflicted on the victim. Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective. In addition, we will give voice to some major objections to the utilitarian theory. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter, future wrongdoing. Together they will bolster our justice system, improving public confidence and contributing to reduced crime.
These purposes were described in r v swanepoel 1945 ad 444 at 455 as deterrent, preventative, reformative and retributive, in s v rabie 1975 4 sa 855 a at 862 ab reference was made to gordon, criminal law of scotland, 1967 at 50 where it was stated that the retributive theory finds the justification for punishment in a past act, a wrong. The purpose of this book is to explore punishments from a comparative. The concept of penal reform had its birth from the reformative theory of punishment. This theory justifies capital punishment as an extreme form of punishment because of its determent effect. Reformative theory of punishment pdf download this paper open pdf in browser share email add to. Theories of punishment international journal of engineering and. Although it is undeniable that throughout his published writings on practical philosophy and in particular in his.
May 06, 2010 the progress of civilization has resulted in the change in the theory, method and motive of punishment. Prison of the time should have a meaning that incorporates the reformative values into it. It can be said that the reformative theory is the most superior among the theories of punishment because it is compatible with the modern humanitarian ideals and seeks to eliminate the causes of and prevent crimes but it cannot be applied to all crimes. A third theory also emphasizes the desert of the offender, but holds that what offenders deserve is the opportunity to reform. A criminal is the product of the social and economical. Summary of research on the effects of corporal punishment. The retributive theory seeks to punish offenders because they deserve to be punished. Deterrence theory as a theory of punishment law times.
Since they are backwardlooking, they are not concerned with the possibility of a person committing a crime. Dadhikot9, bhaktapur bhaktapur, bhaktapur 6618 nepal. According to this theory, punishment is a warning to others. We pay the penalty because we owe it, and for no other reason. Punishment is inflicted on a criminal in order to reform or educate him. This theory of punishment is based on the principle an eye for an eye, a tooth for a tooth. If punishment is inflicted, there will be less crime committed thereafter than there would be.
For paternalist theories of punishment, the normative question instead becomes. Retributive theory of punishment vengeance theory it is a concept of primitive society which consists of injury inflicted by way of retaliation by victim of crime on actor of crime, which requires the existence of victim as well as a wrong doer. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being. Firstly, a kid who falls down and kicks the floor inadvertently. Free will and the ethics of punishment flashcards quizlet. The reformative aspect thinks of incorporating humane values into the prison system and the prison officials have to work for the achievement of the same. Punishment to prevent the perpetration of acts classified as criminal, to coerce or deter. Reformative theory law and legal definition uslegal, inc. A critical analysis of retributive punishment as a discipline.
The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for. Locke viewed that the people in the state of nature agreed a social contract in order to establish a formal law. Philosophical analysis of the theories of punishment in the. A theory of differential punishment vanderbilt university. The theme is that punishment suffered by an offender presents to every one potential offender an example. With the passage of time various theories have been proposed with special reference to the contemporary legal systems. Modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. Though this theory of the punishment discussed above may seem perfect if used collectively, but this becomes. One may commit a crime either because the temptation of the motive is stronger or. Rai, neetij, theories of punishment with special focus on reformative theory may 5, 2010.
Reformative and rehabilitative theories of punishment. Bentham, the chief proponent of the theory, argued that sentences should be calculated to be sufficient to deter others from committing the offence bentham, 1998. Punishment can be used as a method of reducing the incidence of criminal behavior either by deterring the potential offenders or by incapacitating and preventing them from repeating the offence of by reforming them into lawabiding citizens. Doc reformative theory of punishment is more effective.
Punishment is justified because, it is claimed, it helps to control crime. What links here related changes upload file special pages permanent link page. This course on the fairness of justice will take you deeper into the world of law. According to this theory, the aim of punishment is to educate or reform the offender himself. Theories of punishment with special focus on reformative theory neetij rai abstract. According to this theory, it does not matter whether or not the punishment will serve any purpose in future as utilitarian theory holds. The reformative theory of punishment emphasises on reformation of offenders through the method of individualisation. If a vice is a crime, then how should it be punished. Short essay on the preventive theory of punishment. Though the reformative theory relies upon humanitarian modes of punishment, but these have a weakness against the hardcore criminals. The reform theory is the most popular theory today.
With present, law should according to reality of society and should able to cover gabs of society with education and different psychic theories, reduce production of crime. It is needless to mention that satisfactory justification and practical application of theories of punishment is one of the most important and complex problems in ethics. Retributive theory basically retribution means that the wrongdoer pays for his wrongdoing. All these are not mutually exclusive and each of them plays an important role in dealing with potential offenders. This theory is commonly accepted at the present time, because it is in harmony with the humanitarian sentiments of the age. It holds that the proper aim of criminal procedure is to reform the criminal so that he may become adjusted to the social order.
That is, they look to the future in deciding what to do in the present. Start studying free will and the ethics of punishment. Theories of punishment with special focus on reformative theory. Here is your speech on the reformative theory of punishment. Theories of punishment for safe, orderly, peaceful and prosperous society to exist and flourish the following tools of theory are found to be good guides. The following theories of punishment explain how and why justice is doled out to those that deserve it. Stillman that hegel expounded a justification of punishment is clear.
The purpose of the reformative theory is to strengthen the character of man as there exist a conflict between the characterand motive of the man who has committed the crime. Punishmentretribution, rehabilitation, and deterrence. These premises pose an obvious problem for punishment. Hoffman paul guyer there are deep, insurmountable difficulties with the traditional interpretation of immanuel kant s writings on the subject of punishment. The type, logic, and details of his justification, however, are less clear.
One can categorise crimes depending on the related punishment, with sentencing tariffs prescribed in line with the perceived seriousness of the offence. Reformative schools act, 1897 juvenile justice act, 2000 amended probation offender act, 1958 parole rules reformatory school act, 1897 one of the earliest outcome of the reformatory theory of punishment is reformatory school act, 1897. Retribution let the punishment fit the crime captures the essence of retribution. Reformative theory is individualistic approach, punishment should be given to criminals according their history, previous criminal record, environment, mental capacity, age, possibility of rehabilitation, possibility to adapt normal life in society etc. Some of the legislative provisions, which deal with reformative concept, are as follows. A proper theory regarding a system of punishment has been subject of debate for many centuries. Punishment can be explained by positive prevention theory to use the criminal justice. According to this theory, the object of punishment should be the reform of the criminal, through the method of individualization. Let us give human touch to criminal law and reduce the brutalities of punishment is todays philosophy of law. Retributive theory is based on rights, desert and justice. The utilitarian authors will offer answers to such questions as. Perspectives on the effects of corporal punishment.
In the absence of punishment, there will be chaos, confusion and disorder in the state and the weak will be exploited and victimized by the strong. Administration of justice theories of punishment 3. As a hybrid of utilitarian theory, deterrent theory of punishment is said to hold a high hope as it is expected to aim. Short work on reformation with timetotime society to reduce criminals. Process of punishment is essential for the smooth running of society. A new reading of kant s theory of punishment robert r. Best wishes and thank you in advance for your contribution to the lexkhoj international journal of criminal law. The guilty deserve to be punished, and no moral consideration relevant to punishment outweighs the offenders criminal desert is the philosophy of retributive theory. C 1860 introduction, theories of punishment and types of. There is a growing literature on the theories of punishment. Punishment is the imposition of an undesirable or unpleasant outcome upon a group or. During the nineteenth century, a theory of punishment was developed which stated that life is regulated by calculating the pleasures and pains involved in contemplated actions, and that the aim of punishment was to increase the pain over the pleasure of the act to deter the contemplated act. Hampton thinks that punishment can be justified only if it benefits the person being punished.
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