THEORIES OF PUNISHMENT
“Punishment is not for revenge, but to lessen crime and reform the criminal.”
Elizabeth Fry
INTRODUCTION
Punishment is an act which is applying penalty or sanctions to the person who violated law. It serves as a social control implied by the authorities to uphold power, laws and order and discourage unlawful behaviour.
And the process of punishment is structured by legal frameworks and must adhere or follow the defined principle and standards to ensure impartiality and justice.
Theory of punishment is a concern about the principle of punishment, which is given to the offender on the basis of the crime, which safeguard the society deprived of law and order.
There are four types of theories of punishment:-
1. Retributive Theory
2. Preventive theory
3. Deterrent Theory
4. Reformative Theory
Now let’s discuss about these theories in brief.
RETRIBUTIVE THEORY
It is the ancient theory of punishment. This theory works on the formula of revenge. The retributive theory of punishment says that offenders should be punished for what they did. This theory believes on the concept of ‘eye for an eye, tooth for a tooth'. It focuses on the moral balance of justice, ensuring that punishment is proportionate to the wrongdoing committed. This theory emphasizes that punishment is a response to the offender's moral culpability, let’s discuss , reflecting society’s condemnation of their actions.
PREVENTIVE THEORY
This theory believes in preventing crime rather than taking revenge. It is also known as the disablement theory. This theory proposes removing offenders from society to prevent them from committing further crimes. By using measures like capital punishment or life imprisonment, the society aims to deter potential offenders and safeguard itself from criminal behaviour. For example, teachers often make disruptive students stand outside the classroom to prevent them from disturbing others. Similarly, this theory proposes removing offenders from society to prevent them from committing further crimes. By using measures like capital punishment or life imprisonment, the society aims to deter potential offenders and safeguard itself from criminal behaviour.
DETERRENT THEORY
Jeremy Benthem founded this theory, which works on the hedonism principle decision. Deterrent theory suggests that punishment's severity, certainty, and swiftness can influence an individual’s decision-making process regarding whether to engage in criminal activities. The theory proposes that potential offenders will be less likely to commit crimes if they believe they will face significant and certain consequences. Thus, deterrence operates on preventing crime through fear of punishment rather than solely on rehabilitation or retribution.
REFORMATIVE THEORY
The name of this theory Itself explains what its nature has to be. This theory helps to reform the criminals, thereby transforming them into law-abiding citizens. Nobody is a criminal by birth. Crimes sometimes happen accidentally or situationally.
It is focuses on the rehabilitation of offenders rather than punishment. It also suggests that through proper treatment and education, offenders can be reformed into society as law-abiding citizens. This approach emphasizes addressing the root causes of criminal behavior and providing opportunities for personal growth and change. Key aspects include education, vocational training, therapy, and community support to facilitate successful reintegration.
CONCLUSION
Theories of punishment serve to justify why and how society should penalizes offenders. Common perspectives include deterrence, retribute, prevention, and reform. Each theory gives unique insights into the goals and effectiveness of punishment in shaping behaviour and maintaining social order. Ultimately, choosing which theory to prioritize often reflects societal values, legal frameworks, and the balance between justice and the prevention of future crime.
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