Must such a theory include the notion of an exact matching of punishment to crime. At times, severe punishments like death by stoning or. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for certain purposes. Of the various theories of punishment the following there are the most important and typical retributive, preventive and reformative. The history of punishment by lewis lyons, published by amber books, 2003. 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. Which of the following is a theory of punishment that argues that the reason for punishment is to stop the specific person and others from doing the same criminal act. Generally, it is believed to be a firm of taking revenge and would not serve only penal purpose. This theory is peculiar in nature which is properly explained in hindu jurisprudence.
According to the retributive theory the purpose of punishment is to seek revenge. Theories of punishment kinds of punishment under criminal law. According to this theory repentance or expiation by offender itself is a punishment. A theory of the stability of punishment alfred blumstein and jacqueline cohen one of the more interesting theses advanced by durkheim, and subsequently by others, is that crime is a normal and not a pathological attribute of society provided that it attains and does. To be classified as a crime, the act of doing something bad actus reus must be usually accompanied by the intention to do something bad mens rea, with certain exceptions strict liability. The utilitarian authors will offer answers to such questions as. Glaeser and bruce sacerdote april 2000 abstract does the economic model of optimal punishment e x plain the variation in the sentencing of murderers. 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. Submitted to submitted by deterrent theory i do not punish you for stealing the ship, but so that the ship may not be stolen the central cynosure of the theory. Theories of punishment legal definition of theories of.
Philosophical analysis of the theories of punishment in. Modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. Earlier modes of punishment were, deterrent in nature. However, the expiation theory could not be a solution in cases of murder, plunders, rapes. The retributive theory seeks to punish offenders because they deserve to be punished. Punishment means, it is the redress that the commonwealth takes against an offending member1punishment is some sort of social.
The unified theory provides us with the coherent framework that can justify their inclusion and illuminate their implementation in practice. After committing the crime, raskolnikov is overtaken by. According to this theory the aim of punishment is to prevent or deter others from committing similar offences. Theories of punishment a sociolegal view legal service india. The retributive view of punishment is pastlooking which is paying back by the offender. In addition, we will give voice to some major objections to the utilitarian theory. The early history of punishment begins with gildamesh, the samarian king of uruk, who reigned around 2700 bc. Expiatory theory of punishment was prevalent in ancient indian criminal law. According to this theory, it does not matter whether or not the punishment will serve any purpose in future as utilitarian theory holds. Theories of punishment with special focus on reformative theory. Rai, neetij, theories of punishment with special focus on reformative theory may 5, 2010. The purpose of this book is to explore punishments from a comparative. The development of the institution of prison is essentially an outcome of the preventive theory of crime. Punishment before all things is deterrent, and the chief end of the law of crime is to make the evildoer an example and a warning to all that are likeminded with him.
Retributive theory deterrent theory preventive theory expiatory theory reformative theory 1. Deterrent theory retributive theory reformative theory expiatory theory. Thus, according to this theory, the objective of punishment needs to be reformation by the offender. Raskolnikov, a student, decides to kill a worthless person to help his impoverished family, and to prove that he is exempt from moral law. A punishment to the wrongdoer who is made to suffer in proportion to the severity of wrongdoing. The first critical guide to examine all leading contemporary theories of punishment, this book explores among others the communicative theory of punishment, restorative justice, and the unified theory of punishment. His parents were very hard working and deeply religious people, but so poor. Retributive theory works under the penal laws and expiation theory is akin to the law of torts.
Punishment can be explained by positive prevention theory to use the criminal justice system to teach people what are the social norms for what is correct, and acts as a reinforcement. As the model predicts, we find that murderers with a high expected probability of recidivism receive longer. According to this theory punishment is necessary for the purification of the offender. Preventive theory was supported by utilitarian law reformers because of its humanising influence on penal law. Preventive theory law and legal definition uslegal, inc. Punishment can serve as a means for society to publicly express denunciation of an action as being criminal. Deterrent theory i do not punish you for stealing the ship, but so that. The researcher in this chapter would like to discuss the various theories and explain the pros and cons of each theory. Theories of punishment can be divided into two general philosophies. Is it the case that retributivism requires its holders to. Punishment theory and coherence michelle madden dempsey hom brooks is to be commended for having taken on an almost impossible task in writing his impressive new book, punishment. The unified theory of punishment is found in thom brooks, punishment routledge, 2012. The history of punishment by lewis lyons, published by.
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. Critical analysis of theories of punishment mere denunciation of crime is not enough. Retributive theory is based on rights, desert and justice. This theory is more related to ancient religious perceptions regarding crime and punishment when prisoners were placed in isolated cells to repent or expiate for their crime or guilt from the core of their heart and resolve to shun crime. Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective. According to modern expiation theory, compensation is awarded to the victim from the wrongdoer. Thom brooks examines several case studies in detail, including capital punishment, juvenile offending, and domestic abuse. Deterrent theory i do not punish you for stealing the ship, but so that the ship may not be stolen the central cynosure of the theory. Punishment is identified by infliction of pain, forfeiture, chastisement, castigation or penalty. Deterrence, incapacitation and ven geance edward l. The unified theory of punishment helps public policy decisionmaking and should be taken into account when we decide. The early mesopotamian cultures were perhaps the first organized civilizations with permanent residences.
What is the difference between retributive theory and. Off late however, there has been the reemergence of the retributive theory in a diluted form and this is called as the expiatory theory which was mainly in vogue in ancient india and erstwhile europe. This article describes the difference between retributive theory and expiation theory. The guilty deserve to be punished, and no moral consideration relevant to punishment outweighs the offenders criminal desert is the philosophy of retributive theory. Perspectives on the effects of corporal punishment. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. The idea behind expiation theory is that the current justice system. If punishment is inflicted, there will be less crime committed thereafter than there would be. Assumes workers are basically lazy, errorprone, and extrinsically motivated by money. Not only to prevent the wrongdoer from doing a wrong, but also to make him an example for others, calculated to curb criminal tendency in others. Holden university of texas at austin parental use of corporal punishment has been a contentious childrearing topic for thousands of years. The expiatory theory was based on moral principles, had little to do with law or legal concept. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter, future wrongdoing.
Joes expiatory punishment was in accord for his wrongdoing. Punishment means, it is the redress that the commonwealth takes against an offending member1punishment is. General deterrence theory postulates that increasing the risk of apprehension and punishment in. We find them asking whether this or that is an essential part of a retributive theory. Piagets theory regarding the two moralities of the child involves the development, after seven or eight years of age, from an egocentric, dogmatic upholding of seemingly arbi.
The concept of penal reform had its birth from the reformative theory of punishment. Expiatory theory states that compensation is awarded to the victim from the wrong doer. The penologists criticise the expiation theory opining that this theory is sufficient to meet the less serious type of offences, such as abuse, assault, defamation, trespass, torts, etc. The reformative theory was born out of the positive theory that the focal point of crime is positive thinking. Theories of punishment indian kanoon high court, supreme court. In their view, it is the certainty of law and its severity which has a real effect on offenders. Theories of punishment with special focus on reformative. Feeley and simon say that the new penology seeks to sort and classify, to separate the less from the more dangerous, and to deploy control strategies rationally pg 452 what kind of theory of punishment is the new penology. Firstly, a kid who falls down and kicks the floor inadvertently. Process of punishment is essential for the smooth running of society. Short essay on the preventive theory of punishment.
A detailed discussion is done on theories of punishment. Page2 theories of punishment or, kinds of punishment under criminal laws the ancient punishments were brought to england. A different theory is that offenders take an unfair advantage over nonoffenders and punishment restores the just balance of benefits and burdens. Offences against public tranquility section 141160. The following are some of the theories of punishment. Theories of punishment and mandatory minimum sentences. Punishment is justified because, it is claimed, it helps to control crime.
According to this theory, punishment is a warning to others. A third theory also emphasizes the desert of the offender, but holds that what offenders deserve is the opportunity to reform. 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. Prison of the time should have a meaning that incorporates the reformative values into it. Dadhikot9, bhaktapur bhaktapur, bhaktapur 6618 nepal. The kinds of punishment given are surely influenced. Deterrence and retributive are examples of classical and nonclassical philosophies. If the offender expiates or repents, he must be forgive. Crime and punishment 2 of 967 translators preface a few words about dostoevsky himself may help the english reader to understand his work. Weekly course the indian penal code by tina malhotra.
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