In addition, we will give voice to some major objections to the utilitarian theory. Punishment is inflicted on a criminal in order to reform or educate him. As hobbes said that in the state of nature people were nasty, brutish and their life was short. Data collection was done in respect of the study specific objectives through data collection methods which include questionnaires and interviews. Incapacitation works as long as the offenders remain. Theories of punishment legal definition of theories of punishment. Short work on reformation with timetotime society to reduce criminals. Sep 02, 2014 the concept of penal reform had its birth from the reformative theory of punishment.
Unlike deterrence theory, an innocent can never be punished. Locke viewed that the people in the state of nature agreed a social contract in order to establish a formal law. Whats wrong with harmless theories of punishment core. Prison of the time should have a meaning that incorporates the reformative values into it. This theory of punishment refers to two different types of deterrence. The retributive theory this theory holds that punishment should be administered simply because an offence has been committed, for which the offender deserves to be punished hospers, 1967. Retributive theory is based on rights, desert and justice. Theories of punishment, contain generally policies regarding theories of punishment namely. The following theories of punishment explain how and why justice is doled out to those that deserve it. The utilitarian theory of punishment seeks to punish offenders to discourage. Theories of punishment with special focus on reformative theory.
The retributive theory seeks to punish offenders because they deserve to be punished. It holds that the proper aim of criminal procedure is to reform the criminal so that he may become adjusted to the social order. May 06, 2010 the progress of civilization has resulted in the change in the theory, method and motive of punishment. Learning theory despite the comprehensiveness of gershoffs 2002 article, there was no discussion about the theoretical underpinnings of corporal punishment as a form of. Philosophical analysis of the theories of punishment in. Punishment is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority in contexts ranging from child discipline to criminal lawas a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. At times, severe punishments like death by stoning or. 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. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective.
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. One may for instance want to adopt a mixed method, say, combining a policy of deterrence with a policy of. Article pdf available january 2006 with 1,690 reads. But from his theoretical project was spun an entire literature of radical criminology, which interprets punishment with the help of the vision marxs theory lends. Firstly, a kid who falls down and kicks the floor inadvertently. Theories of punishment legal definition of theories of. 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. Greens theory of punishment, history of political thought forthcoming. The preventive theory is founded on the idea of preventing repetition of crime by disabling the offender through measures such as imprisonment, forfeiture, death punishment and suspension of licence. Feb 28, 2017 modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. Green does what he believes kant ought to have done. Reformative and rehabilitative theories of punishment youtube.
The reform theory is the most popular theory today. A sentence may, however, combine utilitarian ideals with retribution. The reasoning may be to condition a child to avoid selfendangerment, to impose social conformity in. Preventive theory law and legal definition uslegal, inc. A straitlaced purely retributive theory of punishment is as unsatisfactory as a purely consequentialist theory with its counterintuitive conclusions especially as regards punishing the innocent. Punishment, whether legal or divine, needs justification. Different types of punishments are used for different purposes. Deterrent theorypunishment is before all things deterrent and the chief end of the law of crime is to make the evildoer an example and warning to all who are like minded with him. Nov 27, 2018 a different theory is that offenders take an unfair advantage over nonoffenders and punishment restores the just balance of benefits and burdens.
Reformative and rehabilitative theories of punishment. Reformative theory law and legal definition uslegal, inc. Reformative theory law and legal definition the reformative theory of punishment emphasises on reformation of offenders through the method of individualisation. The utilitarian authors will offer answers to such questions as. 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. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for. Punishmentretribution, rehabilitation, and deterrence. What is the difference between deterrent theory and. Karl marx wrote little directly on the subject of crime and punishment. In an article written for the new york daily tribuneon capital punishment, marx makes clear enough his understanding of the practice of legal punishment as a whole plainly speaking, and dispensing with all paraphrases, punishment is nothing but a means of society to defend itself against the infraction of its vital conditions, whatever may be their character. Although retributive justice may be applied to rewards and punishments. Punishment may also involve various types of informal sanctions by family, peers, and extralegal groups like vigilante committees and paramilitary organizations to promote their own interests. Perspectives on corporal punishment to put the results of the metaanalyses into perspective, i consider the effects of corporal punishment from three different viewpoints.
As regards retributive theory critics point out that punishment in itself is not a remedy for the mischief. Under the utilitarian philosophy, laws should be used. This article contains the difference between deterrent theory and reformative theory. Administration of justice theories of punishment,free. Reformative theory of punishment is more effective rather. 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.
This course on the fairness of justice will take you deeper into the world of law. Perspectives on the effects of corporal punishment. 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. The idea is to remove an offender from society, making it physically impossible or at least very difficult for him or her to commit further crimes against the public while serving a sentence. Theory says an offender commits a crime because of some personality defect, or because of psychological factors flowing from his background 1. For punishment to be meted out, a person must be found guilty. 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 concept of penal reform had its birth from the reformative theory of punishment. 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.
Administration of justice theories of punishment 3. Here is your speech on the reformative theory of punishment. 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. Indiana university press, 1972 social science 401 pages. This theory is commonly accepted at the present time, because it is in harmony with the humanitarian sentiments of the age. The modem age seems generally to favour and apply this theory. This theory presumes that the adamant and habitual offender can also be changed into a lawabiding citizen by reformation. The theories of punishment philosophers differ on why there should be punishment, the basis that warrants punishment as stilt and foundation. According to this theory, offences are result of a conflict between the interests of. One may commit a crime either because the temptation of the motive is stronger or. Preventive theory was supported by utilitarian law reformers because of its humanising influence on penal law.
Theories of punishment and the death penalty george. In essence, before we call anything punishment, it must meet the above mentioned criteria to differentiate it from what it is not. Theories of punishment with special focus on reformative theory neetij rai abstract. This theory is in fact a mixture of sentimental and utilitarian motives. A criminal is the product of the social and economical. There are various theories of punishment which are retributive, deterrent, and reformative. This theory is commonly accepted at the present time, because it is in harmony with the humanitarian sentiments of the. Deterrent, retributive, preventive and reformative. 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. But that is the beginning of a new storythe story of the gradual renewal of a man, the story of his gradual. Philosophical analysis of the theories of punishment in the. Retributivist theory focusses on punishment to only those who deserve it. Contending that the theory and practice of punishment are inherently linked, tunick draws on a broad range of thinkers, from the radical criticisms of nietzsche, foucault, and some marxist theorists through the sociological theories of durkheim and girard to various philosophical traditions and the law and economics movement. One may commit a crime either because the temptation of the motive is stronger or because the restrain imposed by character is weaker.
Reformative theory of punishment academike lawctopus. Kants theory of punishment utilitas cambridge core. Reformative theory of punishment pdf download this paper open pdf in browser share email add to. To be deducted from this assertion is the fact that punishment is administered because of, not in order to as held by utilitarian view. It is usually assumed, moreover, that there is no particular need to examine the case for ascribing reform and deference functions to. 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. Clustered sampling technique was applied to identify the sample size for the study. Punishment introduces and defends a new unified theory of punishment that brings together multiple purposes such as desert, crime reduction and restoration within one coherent theory that is pluralistic, novel and groundbreaking providing new insights into criminal. According to the reformative theory, the aim of punishment is the improvement of the offender himself. A popular reason for punishment is that it gets criminals off the streets and protects the public. A third theory also emphasizes the desert of the offender, but holds that what offenders deserve is the opportunity to reform. Deterrent theory directs to impose exemplary punishments where reformative theory directs to impose the lesser punishments and stress more on reformation. The guilty deserve to be punished, and no moral consideration relevant to punishment outweighs the offenders criminal desert is the philosophy of retributive theory.
Generally, it is believed to be a firm of taking revenge and would not serve only penal purpose. The practice of punishment, to put the point another way, rests on a plurality of values, not on some one value to the exclusion of all others. In their view, it is the certainty of law and its severity which has a real effect on offenders. Perhaps the most recent endear or to merge psychiatric theory with the problem of the criminal is walter brontbergs crime and the mind. A crime is committed as a result of the conflict between the character and the motive of the criminal. Theories of punishment can be divided into two general philosophies. Economic punishment, 121 incapacitative punishment, 123 corporal punishment, 124 nineteenth century and early twentieth century 1840s to the 1940s 128 economic sanctions, corporal punishment, incapacitative punishment, 2 socialist china from 1949 to the twenty.
It is sometimes said that what the retributive view really does is to give the definition of punishment whereas the other standard theories give its justification. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being. The development of the institution of prison is essentially an outcome of the preventive theory of crime. Earlier modes of punishment were, deterrent in nature. Kaufman i according to the most familiar version tx of the utilitarian theory of punishment, the functions of the practice of punishment are deference and reform. Since they are backwardlooking, they are not concerned with the possibility of a person committing a crime. The strengths and limits of the theory of retributive punishment. According to this theory, the aim of punishment is to educate or reform the offender himself. Consider, for example, the case of the elderly man who was once a nazi torturer. Punishment theories of punishment utilitarian, society, theory. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter, future wrongdoing. Retributivism is a theory of justice that applies to the provision of rewards and. Theories of punishment with special focus on reformative.
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