The four main theories of punishment

In addition to this, it is also necessary that the state should give punishment according to the degree of crime. The retributive theory seeks to punish offenders because they deserve to be punished. Most of these crimes were petty violations, such as pick-pocketing or swindling.

However, judicial discretion in sentencing is limited. Besides that, reformative punishment is favored in the public interest. An offender may be reformed not only by awakening his consciousness but also by making him fear the coercive power of the state. If the individual is permitted to take revenue, this doctrine wills bad him to barbarism.

Rather than punishing the harm out of a criminal, rehabilitation would seek, by means of education or therapy, to bring a criminal into a more normal state of mind, or into an attitude which play vital role in public interest, rather than be harmful to society.

Ubi damna dantur, victus victori in expensis condemnari debet. In19 people were executed after children claimed that several women were practicing witchcraft. No wise man punishes in order that past things may be revoked, but that future wrongs may be prevented. The problem is that it is very expensive.

In addition to this, it is also necessary that the state should give punishment according to the degree of crime. These days education is given to criminals and they are taught the lessons of morality in jails. Many people feel that society is becoming more dangerous, and that rates of crime are increasing.

It is fit only for uncivilized people or for animals. The maxim blood for blood was popular in the ancient time. In ancient Rome, for example, a person who murdered a close relative was enclosed in a sack with a cock, a viper, a dog, and a monkey, and then cast into the sea.

The utilitarian theory is "consequentialist" in nature. The goal of these systems is to return a former criminal to society after required period of treatment and training, usually in prison.

Petty criminals were often sentenced to a combination of corporal punishment and incarceration in jail for several months.

Dark cells should be demolished in order to keep the prisoners in good health. Process of punishment is essential for the smooth running of society. The objective of reformation is to reform the criminal so that his wish to commit crimes will be lessened and the offender can assume living with the society and plays a useful role.

A defendant could be hanged, burned at the stake, or beheaded. A major problem with the current system of rehabilitation in the United States is that most criminals return to crime after they have supposedly been rehabilitated.

The retributive theory focuses on the crime itself as the reason for imposing punishment. The moral order can be restored, or the violation atoned for, only by inflicting pain upon the one guilty.

In case of general deterrence, the offender who entitled to the punishment will served as an example as a threats to others which may help to deter others the seriousness of committing the offences with a properly developed Penal Code, the advantages to be gained from criminal activity would be outweighed by the harms of punishment, even when those harms were discounted by the probability of avoiding detention.

In the opinion of Kant, punishment should aim at justice. General deterrence uses the person sentenced for a crime as an example to induce the public to refrain from criminal conduct, while specific deterrence punishes an offender to dissuade that offender from committing crimes in the future.

Retributive theories of punishment are behind the ancient expression, "an eye for an eye, a tooth for a tooth. The Various Theories of Punishment in Criminal Law 1 Elaborate the various theories of punishment in Criminal Law 10m There are four theories of punishments, namely, retribution theory, deterrent theory, and reformation theory.

If the state fails to punish the law-breakers, there will be no law and order and no peace in society. It concerns the state that crimes do not go unpunished.

Theories of Punishment

Critics also note that there are limits to the impact of general deterrence. The criminal is asked to restore the victim to his state prior to the crime. In atrocioribus delictis punitur affectus licet non sequatur effectus. Theories of punishment can be divided into two general philosophies: Modern Theory of Punishment: So law breakers are convicted, tried and punished in the state.

Theories (or objectives) of punishment. Broadly speaking, four theoretical explanations have been advanced as the basis upon which society acts in imposing penalty upon one who violates laws.

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4 Theories of Punishment for the Smooth Running of Society

4 theories of criminal punishment posted Mar 26,there are four main ideas behind the punishment of criminals, none of which has proven percent effective.

These are deterrence, retribution, rehabilitation and incapacitation.

The Various Theories of Punishment in Criminal Law

Deterrence is the theory that the punishment should put people off committing crime. Many people think deterrence should be the main reason for punishment because the aim of punishment is to stop people committing crime.

The deterrent should be so severe no one will dare to commit crimes.5/5(1). Theories (or objectives) of punishment Broadly speaking, four theoretical explanations have been advanced as the basis upon which society acts in imposing penalty upon one who violates laws. Modern Theory of Punishment is a combination of all the three theories discussed above.

What are the 3 main Theories (or objectives) of punishment?

Retributive Theory is applied in the civil courts. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss.

Deterrence is the theory that the punishment should put people off committing crime. Many people think deterrence should be the main reason for punishment because the aim of punishment is to stop people committing crime.

The deterrent should be so severe no one will dare to commit crimes.5/5(1).

punishment The four main theories of punishment
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4 Theories of Punishment for the Smooth Running of Society