What is the various theories of punishment?
1. Deterrent theory
2. Retributive theory
3. Preventive theory
4. Reformative theory
Salmond said that- the punishment is before all thing deterrent and the chief aim of law of crime is to make the wrongdoer an example and warning to all that are like minded with him.
Punishment is a means to protect society by ditterent potential offender.
Criticism-
Though this theory is practiced in some countries but it has been criticised by many criminologists. The critics have to say that the crimes can not be checked by means of punishment only. From reasing rather than reduction in crime. The critics treat it as barbaric and cruel and, therefore, it has no place in the present system of punishment.
According to Dr. Sethana, "Only the severe punishment is not the only means of prevention of crime because many times, the criminal becomes habitual while tolerating punishment. Therefore, to check crime, some compensation must be imposed upon the criminal. Sutherland is of the same view. According to him, many criminals do not think over punishment, even they are not under terror because they have defective mentality. Many times, crimes are committed under severe excitement and emotions which have no relation with the form and quantum of punishment.
It is also known as revengeful theory. The main objective of this theory is to take revenge from the criminal. The main idea lies behind this theory is that, "as you sow so shall you reap." Life shall go for life, hand for hand and foot for foot, eye for eye and tooth for tooth.
According to P.K.Sen, "evil for evil without thinking of consequences is the main objective of this theory."
Plato has to say that, "justice is the goodness of soul and health and injustice is illness and evil whose remedy is punishment.
In the words of Bradlay, "the relation between criminal law and revenge is such as it is between marriage and affection."
According to Sir Walter Moberly, "the main objective of retributive theory is that the criminal get punishments for his wrongful act. Punishment is necessary for healthy society how so every thesociety may not like .
In primitive societies the punishment was entirely retributive. The person wronged would revenge himself on the wrongdoer by the force of his arms 'an eye for eye and tooth for tooth' was the prevailing sentiment of these days.
This principle has mainly following purpose-
(a) punishment is itself is an aim.
(b) the offender shall receive punishment in accordance to its offence.
(c) it is the only way to suppress the feeling of hatrace against the offender.
Criticism-
Salmond criticize it and said- revenge is not remedy rather it a cause to increase offence.
According to Holmen- revenge is not to way to prevent offence.
According to the Feverbach- prevention is better than cure.
According to Paton- preventive punishment cease the crime in future.
This theory is of most regorous type. The objective of this theory make the criminal disabled and to provide security to the society. The supporters of this theory have to say that the criminals are thorns for a society, They create chaos and insecurity in the society. Thus such criminals should be kept separate from the society.
The following forms of punishments are proper for them-
(a) death penalty;
(b) lifetime imprisonment; and
(c) banishment
This theory of punishment is based on the maxim that, prevention is better than cure. Instead of taking revenge from the criminal, the crime itself should be prevented.
Criticism-
Critics say that this theory emphasises to separate the offender from society, not for its reform. Any offender cannot be kept in prison for always, he has to be given opportunity to come back in society.
It is based on humanistic principle that even if an offender commits a crime he does not cease to be human being.Therefore, an effort should be made to reform him during the period of his incarceration.
While awarding punishment the judge must take into consideration the age and character of the offender , his antecedents and also the circumstances under which he committed the criminal act.
Mahatma Gandhi once said that 'Hate the sin and not the sinner'. This sentence should be guideline for reformation of a criminal.
According to this, a criminal is not awarded the punishment of imprisonment but is given the chance to reform himself by means of the following:
(a) probation;
(b) admonition;
(c) parole;
(d) keeping in a reformatory house
(e) to pay remuneration for the work done; and
(f) rehabilitation etc.
Bentham, Ferri, Garefalo, and Walter Reckless are the strong supporters of this theory. They are hopeful of preventuion of crime by means of this theory. Sutherland is also supporter of this theory.
Criticism-
This theory has also been criticised. According to critics:
(a) the terror of punishment is necessary for prevention of crime.
(b) there is a strong possibility of misuse of reformatory system.
(c) the reformatory measures cannot prove successful for habitual offenders; and
(d) the effect of this theory may be experienced only on juvenile delinquents and emotional criminals.
In an American report titled 'struggle for justice' it has been said that, "The reformatory theory is nothing except as a show. The main objective behinal adoption of this theory by prison authorities is to increase their powers."
Therefore, it is desired that a universally acceptable theory of punishment should be evolved which may take into consideration the surrounding circumstances, age, character, nature of crime and spirit of reform etc.
Theories of punisment-
Following are the main theories of punishment-1. Deterrent theory
2. Retributive theory
3. Preventive theory
4. Reformative theory
1. Deterrent theory-
This is the oldest theory of punishment. Its main objective is to keep separte the criminal from the crime by terrorising him by means of punishment. In addition to this, its objective is to terrorise the other persons in the society so that they may remain separate from crimes.
Thus the main objective of this theory is to check crimes by means of terror of punishment.
Main object of punishment is to make Commission of an offence an ill bargain for the offender and deter other from committing crimes.Salmond said that- the punishment is before all thing deterrent and the chief aim of law of crime is to make the wrongdoer an example and warning to all that are like minded with him.
Punishment is a means to protect society by ditterent potential offender.
Criticism-
Though this theory is practiced in some countries but it has been criticised by many criminologists. The critics have to say that the crimes can not be checked by means of punishment only. From reasing rather than reduction in crime. The critics treat it as barbaric and cruel and, therefore, it has no place in the present system of punishment.
According to Dr. Sethana, "Only the severe punishment is not the only means of prevention of crime because many times, the criminal becomes habitual while tolerating punishment. Therefore, to check crime, some compensation must be imposed upon the criminal. Sutherland is of the same view. According to him, many criminals do not think over punishment, even they are not under terror because they have defective mentality. Many times, crimes are committed under severe excitement and emotions which have no relation with the form and quantum of punishment.
2.Retributive theory-
It is based on revenge. According to this 'the evil should be returned for evil without any regard to consequence'.It is also known as revengeful theory. The main objective of this theory is to take revenge from the criminal. The main idea lies behind this theory is that, "as you sow so shall you reap." Life shall go for life, hand for hand and foot for foot, eye for eye and tooth for tooth.
According to P.K.Sen, "evil for evil without thinking of consequences is the main objective of this theory."
Plato has to say that, "justice is the goodness of soul and health and injustice is illness and evil whose remedy is punishment.
In the words of Bradlay, "the relation between criminal law and revenge is such as it is between marriage and affection."
According to Sir Walter Moberly, "the main objective of retributive theory is that the criminal get punishments for his wrongful act. Punishment is necessary for healthy society how so every thesociety may not like .
In primitive societies the punishment was entirely retributive. The person wronged would revenge himself on the wrongdoer by the force of his arms 'an eye for eye and tooth for tooth' was the prevailing sentiment of these days.
This principle has mainly following purpose-
(a) punishment is itself is an aim.
(b) the offender shall receive punishment in accordance to its offence.
(c) it is the only way to suppress the feeling of hatrace against the offender.
Criticism-
Salmond criticize it and said- revenge is not remedy rather it a cause to increase offence.
According to Holmen- revenge is not to way to prevent offence.
3. Preventive theory-
This theory is founded on the idea of preventing repetition of crime by disabling the offender through measures such as imprisonment ,forfeiture, death punishment, suspension of licence etc.According to the Feverbach- prevention is better than cure.
According to Paton- preventive punishment cease the crime in future.
This theory is of most regorous type. The objective of this theory make the criminal disabled and to provide security to the society. The supporters of this theory have to say that the criminals are thorns for a society, They create chaos and insecurity in the society. Thus such criminals should be kept separate from the society.
The following forms of punishments are proper for them-
(a) death penalty;
(b) lifetime imprisonment; and
(c) banishment
This theory of punishment is based on the maxim that, prevention is better than cure. Instead of taking revenge from the criminal, the crime itself should be prevented.
Criticism-
Critics say that this theory emphasises to separate the offender from society, not for its reform. Any offender cannot be kept in prison for always, he has to be given opportunity to come back in society.
4. Reformative theory-
This theory emphasises on reformation of criminal through the methods of individualization.It is based on humanistic principle that even if an offender commits a crime he does not cease to be human being.Therefore, an effort should be made to reform him during the period of his incarceration.
While awarding punishment the judge must take into consideration the age and character of the offender , his antecedents and also the circumstances under which he committed the criminal act.
Mahatma Gandhi once said that 'Hate the sin and not the sinner'. This sentence should be guideline for reformation of a criminal.
According to this, a criminal is not awarded the punishment of imprisonment but is given the chance to reform himself by means of the following:
(a) probation;
(b) admonition;
(c) parole;
(d) keeping in a reformatory house
(e) to pay remuneration for the work done; and
(f) rehabilitation etc.
Bentham, Ferri, Garefalo, and Walter Reckless are the strong supporters of this theory. They are hopeful of preventuion of crime by means of this theory. Sutherland is also supporter of this theory.
Criticism-
This theory has also been criticised. According to critics:
(a) the terror of punishment is necessary for prevention of crime.
(b) there is a strong possibility of misuse of reformatory system.
(c) the reformatory measures cannot prove successful for habitual offenders; and
(d) the effect of this theory may be experienced only on juvenile delinquents and emotional criminals.
In an American report titled 'struggle for justice' it has been said that, "The reformatory theory is nothing except as a show. The main objective behinal adoption of this theory by prison authorities is to increase their powers."
Conclusion-
From the above, it is clear that each theory has its own advantage and disadvantage. In the present context, no single theory can prove successful. For prevention of crime, severe punishment is necessary for creating terror. The criminal should get the result of his act. Along with this, if the crime has been committed under compulsion, emotions, and if he expiates for that, he should be given the chance to reform himself.Therefore, it is desired that a universally acceptable theory of punishment should be evolved which may take into consideration the surrounding circumstances, age, character, nature of crime and spirit of reform etc.
No comments:
Post a Comment