Punishmentretribution, rehabilitation, and deterrence. Two theories of punishment apparently, the two different definitions of punishment largely coincide with two different theories of punishment. The retributive theory seeks to punish offenders because they deserve to be punished. The immediate consequence that follow criminal act is known as punishment. At the same time, there has been an increase in the creation and use of socalled public order laws, such as forbidding sitting on sidewalks, lying down on benches, and panhandling in. Punishments are imposed on the wrong doers with the object to deter them to repeat the same wrong doing and reform them into law abiding citizens. Jrt 052184407xc01 cb766miethev1 august 12, 2004 17.
Costs of punishment include the evil of coercion, restraint, apprehension the pain of the person, and sympathy the pain others experience out of concern for the one punished. Holden university of texas at austin parental use of corporal punishment has been a contentious childrearing topic for thousands of years. In the utilitarian philosophy laws are meant to increase the happiness of society by eliminating crime. Retributive theories of punishment are behind the ancient expression, an eye for an eye, a tooth for a tooth. The effectiveness of criminal sanctions is often judged within the con text of deterrence. Punishment means, it is the redress that the commonwealth takes against an offending member1punishment is. Thirtytwo students of grade x were grouped into a corporal punishment group cpg and a psychological treatment group ptg. The legislature has asked you to testify as an expert regarding theories of criminal punishment. If the potentials of prisonerperson are unfolded, a robber may become a valmiki, and a sinner may become a saint. Rehabilitation is another philosophy by which many systems of punishment operate. Critical analysis of theories of punishment mere denunciation of crime is not enough.
These theories are the deterrent theory, retributive theory, preventive theory, and reformative theory. A theory of differential punishment vanderbilt university. The retributive theory assumes that the punishment is given only for the sake of it. Though during ancient period of history punishment was more severe as fear was taken as the prime instrument in preventing crime. The kinds of punishment given are surely influenced by the kind of society one lives in. Crimes of misery and theories of punishment new criminal.
Hallmark of retributive theory lies in its nature of mercy. T he importance of theories of punishment has been recognized even in ancient times for the protection and welfare of the state and its people. Page2 theories of punishment or, kinds of punishment under criminal laws the ancient punishments were brought to england. Theories of punishment there are four generally accepted theories of punishment namely. There are myeriad theories behind criminal punishments.
This course on the fairness of justice will take you deeper into the world of law. Theories of punishment legal definition of theories of. In a concise paragraph, provide an explanation of the primary theories supporting punishment for criminal infractions. These theories create different shades and effects in the criminal jurisprudence. 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. Joel feinberg, the expressive function of punishment, 49 monist 397, 400 1965. Before we get into the theories of punishment, the following video will provide a basic background in the history of punishment from ancient times through modern america. Ppt theories of punishment powerpoint presentation. These theories attempt to make sentencing principles more responsive to social condition and community expectation. Theories of punishment in the court of criminal appeal in a preliminary discussion of the aims sentencing, inter departmental committee on the business of the criminal courts drew attention to the fact that sentencing is becoming a more complex task. State of punjab 4, it was stated that the retributive theory of punishment in the sense of societys reprobates is not an outmoded concept in context to serious crimes, further taking the view of lord justice denning it was further stated that punishment as an expression of society should adequately reflect what the society feels, hence.
Pestritto of hillsdale college, was a complex synthesis of. In saudi arabia the punishment for theft is the chopping off of one hand. Learn vocabulary, terms, and more with flashcards, games, and other study tools. It recognizes that punishment has consequences for both the offender and society and holds that the total. Theories of why we punish offenders are crucial to the understanding of criminal law. Philosophies of punishment punishment serves numerous socialcontrol functions, but it is usually justi. Theories of punishment can be divided into two general philosophies. With the change in the society or development in the country has witnessed various theories of punishment and the drastic changes that they have undergone from the traditional to. Theories of punishment in the court of criminal appeal. Punishment is a conventional device for the expression of attitudes of resentment and indignation, and of judgments of disapproval and reprobation, on the part either of the punishing authority himself or of those in whose name the punishment is inflicted. Perspectives on the effects of corporal punishment.
Thus, it suggests that evil should be returned for evil without taking into. Most of these crimes were petty violations, such as pickpocketing or swindling. 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. It is a dissatisfied response to the four traditional theories of punishment which deal with sentencing in isolation from its wider social and political setting. The purpose of the administration of criminal justice is to punish the offender.
Law condemns the act of criminal by awarding punishment, if incidentally that satisfy the vengeance of victim of crime, the retributive theory cannot be criticized for. The punishment response 9 conformity are a general testament to the longterm ineffectiveness of this method of social control. Friedrich nietzsche on the origin and purposes of punishment genealogy philosophy core concepts. In the theories of punishment article in the legal dictionary, it goes over the different theories that the government has on the use of punishment.
A variety of different theories or objectives of punishment have been proposed, some differing only in minor degrees, some fundamentally in conflict with one another. Some prominent theories of punishment include retribution, deterrence, rehabilitation, and the moral education theory. Earlier, legal sanctions grounded in vengeance and retaliation revenge is justice gone wild. In ancient india, the king was the dutybound to punish the offender. Punishment theories of punishment utilitarian, society, theory.
That is, they look to the future in deciding what to do in the present. As not all the fingers are same, in the society too, there are. Generally, it is believed to be a firm of taking revenge and would not serve only penal purpose. Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective. According to the first theory, reinforcement and punishment are not symmetrical. The aim of inflicting punishment is to curtail the crime.
Under the utilitarian philosophy, laws should be used. The theories of punishment article 1571 words bartleby. Tooth for tooth, eye for eye, limb for limb and nail for nail principle of this theory. Theories of punishment and mandatory minimum sentences. Increasingly, one sees the homeless on the streets, alleys, and doorways of the commercial, recreational, and living spaces of our cities, otherwise populated by the affluent and relatively affluent.
In the most extreme version of this view, which can be traced back to thorndike s work. Chapter 3 theories of punishment 1 introduction in this chapter, you are introduced to the theories of punishment. The following theories of punishment explain how and why justice is doled out to those that deserve it. The retributive theory seeks to punish offenders because they deserve to be. This idea of getting even is the oldest form of justice. I morriss theory of punishment in his first book, the habitual criminal, published in 1951, morris noted that the theories of criminal punishment being applied by judges. There are various theories trying to avail the purpose of punishment. The utilitarian theory is consequentialist in nature. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter, future wrongdoing. Introduction in society we can see people of different sects and class. The view of punishment during the founding era, according to professor ronald j.
The various theories of punishment in criminal law essay. Until the 19th century, the death penalty or capital punishment was imposed in england for more than 200 different crimes. Theories of punishment indian penal code % law corner. The five primary theories of punishment moose lake star gazette. A free powerpoint ppt presentation displayed as a flash slide show on id. In order to understand them, first, we need to understand the theories of the punishment. Theories of punishment kinds of punishment under criminal law synopsis1 introduction. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for.
Thus fines and noncustodial sentences may address the crimes seen as least serious. Firstly, a kid who falls down and kicks the floor inadvertently. From the time old to punish the criminal and to prevent him to commit. S, siroho, criminology and criminal administration, 4 ed. Governments have several theories to support the use of punishment to maintain order in society. It says that a criminal who causes a victim to suffer should be made to suffer him or herself. Where punishment is unprofitable where the costs of punishment outweigh the benefits of punishment.
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