May 06, 2010 the progress of civilization has resulted in the change in the theory, method and motive of punishment. Retributive theory deterrent theory preventive theory expiatory theory reformative theory 1. In this theory, the behaviour directed at the criminal shows him the consideration due to an individual and not conduct analogous to treatment of object and means. 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. This theory of punishment states that the object of punishment should be the moral reform of the criminal and not to wreak vengeance.
Retributive theory is based on rights, desert and justice. Hampton thinks that punishment can be justified only if it benefits the person being punished. The pure theory homs that the practice of punishment and any individual act of punishment is moral y justified if and only if it conforms to all four of the principles of retributivism. A comparative analysis of punishments awarded in islamic. Ii, november i978 retribution and the theory of punishments he idea that retribution, along with prevention of crime t and reformation of convicted criminals, plays a role in the nature and practice of punishment is a common theme in accounts of punishment at least since t. General deterrence theory postulates that increasing the risk of apprehension and. 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. Generally, it is believed to be a firm of taking revenge and would not serve only penal purpose.
For paternalist theories of punishment, the normative question instead becomes. According to this theory, the aim of punishment is to educate or reform the offender himself. Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective. Holden university of texas at austin parental use of corporal punishment has been a contentious childrearing topic for thousands of years. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. Punishment is the imposition of an undesirable or unpleasant outcome upon a group or. Retributive justice stanford encyclopedia of philosophy. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for.
According to the reformative theory, the aim of punishment is the improvement of the offender himself. Nov 04, 2015 theories of punishment can be divided into two general philosophies. So, according to this theory, punishment is not concerned with the nature of the offender, as is the. The retributive theory of punishment has two principles, desert and proportionality.
Theories of punishment legal definition of theories of punishment. Deterrence, incapacitation and ven geance edward l. I shall, for clarity, distinguish between pure and impure versions of retributi vism. A consensual theory of punishment underlying most discussions of the justification of punishment is a di lemma pitting a certain general conception of the aims of a liberal and rational system of criminal law against intuitions about distinctions and requirements that this system ought to take into account.
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. A third theory also emphasizes the desert of the offender, but holds that what offenders deserve is the opportunity to reform. Retributivist theory focusses on punishment to only those who deserve it. The reformative theory of punishment emphasises on reformation of offenders through the method of individualisation. The guilty deserve to be punished, and no moral consideration relevant to punishment outweighs the offenders criminal desert is the philosophy of retributive theory.
In fact, deterrence is the main focus of utilitarian punishment, but punishment should also focus on rehabilitation, or correcting criminal behavior so that criminals may become productive members. Glaeser and bruce sacerdote april 2000 abstract does the economic model of optimal punishment e x plain the variation in the sentencing of murderers. In addition, we will give voice to some major objections to the utilitarian theory. Philosophical analysis of the theories of punishment in the. According to this theory punishment is awarded with a view to prevent the offender from repeating the offence in future. The principle is that if a man has caused the loss of a mans eye, his eye one shall cause to be lost. A theory of differential punishment vanderbilt university.
Punishment expresses societys condemnation of the crime theory explains the need for general requirement of liability known as culpability mens rea by presupposing free will. 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. Thom brooks examines several case studies in detail, including capital punishment, juvenile offending, and domestic abuse. These are the issues that are dealt with by the philosophy and theory of punishment. The unified theory of punishment is found in thom brooks, punishment routledge, 2012. In administration of criminal justice five theories of punishment have come into light. It is maintained that the only legitimate motives for punishing are the desire to deter others by example or to mend the criminal.
Sep 02, 2014 the concept of penal reform had its birth from the reformative theory of punishment. As the model predicts, we find that murderers with a high expected probability of recidivism receive longer. Kants theory of punishment utilitas cambridge core. We discuss possible evolutionary origins of retributive justice, move on to more reflective philosophies of punishment prevalent in societal. This theory is commonly accepted at the present time, because it is in harmony with the humanitarian sentiments of the age. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. The retributive view of punishment is pastlooking which is paying back by the offender. In older days the prevention was secured by disabling the offender permanently for example, for. The unified theory of punishment helps public policy decisionmaking and should be taken into account when we decide. Criminal punishment and the pursuit of justice harvard law school. Retribution let the punishment fit the crime captures the essence of retribution. Punishmentretribution, rehabilitation, and deterrence. One can categorise crimes depending on the related punishment, with sentencing tariffs prescribed in line with the perceived seriousness of the offence.
Mostly retributive justice seeks to punish a person for a crime in a way that is compensatory for the crime. The unified theory provides us with the coherent framework that can justify their inclusion and illuminate their implementation in practice. In the retributivist theory of punishment, the punishment is seen as a form of payback for the crimes one has committed. The most widespread interpretation amongst contemporary theorists of kants theory of punishment is that it is retributivist. Thus, utilitarians take special favor in deterrence, as not only does it lower the overall crime rate, but it often does so by imposing minimal punishment as punishment is an evil in itself. 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.
The appeal of retributive justice as a theory of punishment rests in part on direct intuitive support, in part on the claim that it is better than alternative accounts of punishment, and in part on arguments tying it to deeper moral principles. Since they are backwardlooking, they are not concerned with the possibility of a person committing a crime. Theories of punishment can be divided into two general philosophies. The retributive theory seeks to punish offenders because they deserve to be punished. 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. Kant holds that punishment ought to be inflicted on the criminal because he has committed a crime, not as a means to his own good or hat of others. Feb 28, 2017 modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. It was found that the students who were awarded corporal punishment on creating a source of friction and showing lack of interest in their academic work. May 27, 2010 theories of punishment and mandatory minimum sentences. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter, future wrongdoing. Punishment means, it is the redress that the commonwealth takes against an offending member1punishment is some sort of social. Corporal punishment of children is a type of family violence that is more common and more frequent and has more normative approval than the physical abuse of children, violence toward women, and physical violence toward and abuse of the elderly. Theories of punishment with special focus on reformative theory.
Under the utilitarian philosophy, laws should be used. Perspectives on the effects of corporal punishment. That is, they look to the future in deciding what to do in the present. Therefore, an effort should be made to reform himher during the period of hisher incarceration. The utilitarian authors will offer answers to such questions as. The modem age seems generally to favour and apply this theory. Thirtytwo students of grade x were grouped into a corporal punishment group cpg and a psychological treatment group ptg. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being. 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. Kant says, punishment can never be administered merely as means for promoting another good either with regard to the criminal himself or to society. The relationship between hard treatment and amends ambrose y. In older times, injured person takes revenge by causing injury to other. Critical analysis of theories of punishment mere denunciation of crime is not enough. Desert refers to the demerit made by the offender which resulted in a crime, it can be said to be a threeway relationship between the person who deserved the punishment, what they deserve, and the virtue in which they deserve the punishment.
Can overlap with deterrent and reformative theories. On the contrary, i will argue there are very different senses in which kant discusses punishment. Jan 10, 20 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. Prison of the time should have a meaning that incorporates the reformative values into it. According to this theory crime is a disease, it should be diagnosed properly like all. If a vice is a crime, then how should it be punished. Punishment can be explained by positive prevention theory to use the criminal justice system to. Nov 27, 2018 a different theory is that offenders take an unfair advantage over non offenders and punishment restores the just balance of benefits and burdens. Retributive theory this theory is based on the idea of vindictive justice, or a tooth for a tooth and an eye for an eye. The strengths and limits of the theory of retributive punishment.
Firstly, a kid who falls down and kicks the floor inadvertently. Theories of punishment and mandatory minimum sentences the. Corporal punishment of children in theoretical perspective on. Pdf the psychology of compensatory and retributive justice. According to this theory, it does not matter whether or not the punishment will serve any purpose in future as utilitarian theory holds. For punishment to be meted out, a person must be found guilty. Punishment is inflicted on a criminal in order to reform or educate him. Reformative theory law and legal definition uslegal, inc. Unlike deterrence theory, an innocent can never be punished.
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