This theory of punishment refers to two different types of deterrence. There is no commonly accepted theoryneutral concept of punishment that could serve as a common platform for discussions of punishment. As the british minister responsible for prisons until last summer, i strongly believe that the way societies treat those who have been deprived of their liberty is. The concept of penal reform had its birth from the reformative theory of punishment. Request pdf theories of punishment with special focus on reformative theory as hobbes said that in the state of nature people were nasty, brutish and. 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. Theory says an offender commits a crime because of some personality defect, or because of psychological factors flowing from his background 1. One may commit a crime either because the temptation of the motive is stronger or. Punishmentretribution, rehabilitation, and deterrence.
To be classified as a crime, the act of doing something bad actus reus must be usually accompanied by the intention to do something bad mens rea, with certain exceptions strict liability. A crime is committed as a result of the conflict between the character and the motive of the criminal. Locke viewed that the people in the state of nature agreed a social contract in order to establish a formal law. The purpose of criminal punishment sage publications. He should not be used as a means for the good of any other persons. Reformative theory of punishment academike lawctopus. As hobbes said that in the state of nature people were nasty, brutish and their life was short. Sep 02, 2014 the concept of penal reform had its birth from the reformative theory of punishment. Earlier modes of punishment were, deterrent in nature. 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. Though this theory of the punishment discussed above may seem perfect if used collectively, but this becomes a mere joke when tried to. Though this theory of the punishment discussed above may seem perfect if used collectively, but this becomes a mere joke when tried to implicate in the practical sense. There is no commonly accepted theoryneutral concept of punishment that could serve as a.
Reformatory theory and contemporary peal provisions. Reformative schools act, 1897 juvenile justice act, 2000 amended probation offender act, 1958 parole rules reformatory school act, 1897 one of the earliest outcome of the reformatory theory of punishment is reformatory school act, 1897. Retributive theory is based on rights, desert and justice. Administration of justice theories of punishment 3. The modem age seems generally to favour and apply this theory. Theories of punishment legal definition of theories of punishment. But, in fact, it also follows the retribution theory since a strict security approach is also implemented towards prisoners. One may commit a crime either because the temptation of the motive is stronger or because the restrain imposed by character is weaker. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for. Reformative theory law and legal definition the reformative theory of punishment emphasises on reformation of offenders through the method of individualisation. Theories of punishment, contain generally policies regarding theories of punishment namely. Punishment and rehabilitation or punishment as rehabilitation r.
The retributive theory seeks to punish offenders because they deserve to be punished. Theories of punishment can be divided into two general philosophies. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. Though the reformative theory relies upon humanitarian modes of punishment, but these have a weakness against the hardcore criminals.
A theory of differential punishment vanderbilt university. 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. 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. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being. 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. Short work on reformation with timetotime society to reduce criminals. The preventive theory establishes punishment as curative. Thirtytwo students of grade x were grouped into a corporal punishment group cpg and a psychological treatment group ptg. General deterrence theory postulates that increasing the risk of apprehension and punishment in society deters members of society as a whole from.
Theories of punishment with special focus on reformative theory. Crime, punishment, deterrent theory, retributive theory, reformative theory. It must have practical application in the day to day work of government. May 06, 2010 the progress of civilization has resulted in the change in the theory, method and motive of punishment. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter, future wrongdoing. The utilitarian authors will offer answers to such questions as. Retributive it makes criminals suffer for what they have done wrong, deterrent the aim of punishment is to stop people from committing crimes, and reformative the.
According to the reformative theory, the aim of punishment is the improvement of the offender himself. Positive punishment is often though of as calling out the offender. Under the utilitarian philosophy, laws should be used. Preventive theory law and legal definition uslegal, inc. According to this theory, the object of punishment should be the reform of the criminal, through the method of individualization. Some of the legislative provisions, which deal with reformative concept, are as follows. A criminal is the product of the social and economical.
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. Reformative theory is individualistic approach, punishment should be given to criminals according their history, previous criminal record, environment, mental capacity, age, possibility of rehabilitation, possibility to adapt normal life in society etc. Prevention of future crimes deterrence or rehabilitation of. Reformative theory of punishment pdf download this paper open pdf in browser share email add to. The following theories of punishment explain how and why justice is doled out to those that deserve it. Reformative theory law and legal definition uslegal, inc. Prison of the time should have a meaning that incorporates the reformative values into it. 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. Modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. 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. There are various theories of punishment which are retributive.
Theories of punishment and mandatory minimum sentences the. 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. 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. In their view, it is the certainty of law and its severity which has a real effect on offenders.
Criminal punishment and the pursuit of justice harvard law school. 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. The reformative theory was born out of the positive theory that the focal point of crime is positive thinking. The reformative theory supports rehabilitation of offenders in the society by enabling them to adapt to healthy lifestyle and ameliorate their interpersonal relationships. Theories of punishment with special focus on reformative. It also requires that the response to a crime is proportional to the offence. In addition, we will give voice to some major objections to the utilitarian theory. This theory presumes that the adamant and habitual offender can also be changed into a lawabiding citizen by reformation. Doc reformative theory of punishment is more effective. 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. Hegel and the unified theory of punishment request pdf. The purpose of the reformative theory is to strengthen the character of man as there exist a conflict between the characterand motive of the man who has committed the crime.
Therefore, an effort should be made to reform himher during the period of hisher incarceration. Retribution is the restoring of the legal balance caused by the crime punishment is the payment of the account retribution. 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 reformative aspect thinks of incorporating humane values into the prison system and the prison officials have to work for the achievement of the same. Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that he or she suffer in return. An eye for an eye will turn the whole world blind, sample of. The development of the institution of prison is essentially an outcome of the preventive theory of crime. 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.
This theory justifies capital punishment as an extreme form of punishment because of its determent effect. The progress of civilization has resulted in the change in the theory, method and motive of punishment. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. In the context of the theory of punishment, the concept of pemasyarakatan could be deemed to follow the resocialisation theory. Bentham, as the founder of this theory benthams theory was based on a hedonistic conception of man and that man as such would be deterred from crime if punishment were applied swiftly, certainly, and severely. These theories are known as theories of punishment and are generally of five types. Juvenile delinquency theories of causation many theories have been advanced to explain the cause of juvenile delinquency. Reformative theory, retributive theory punishment before all things is.
Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective. At times, severe punishments like death by stoning or. Reformation or education of the criminal is the aim of punishment. This course on the fairness of justice will take you deeper into the world of law. Modern theory of punishment is a combination of all the three theories discussed above. So, this is not a punishment virtually but rather a rehabilitative process. Feb 28, 2017 modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. The guilty deserve to be punished, and no moral consideration relevant to punishment outweighs the offenders criminal desert is the philosophy of retributive theory. Duff considers the meaning of rehabilitation and punishment and whether they are opposed responses to crime. Reformative and rehabilitative theories of punishment youtube. Retributive it makes criminals suffer for what they have done wrong, deterrent the aim of punishment is to stop people from committing crimes, and reformative the object of punishment should be the reform of the offender. Punishment and rehabilitation or punishment as rehabilitation.
Preventive theory was supported by utilitarian law reformers because of its humanising influence on penal law. The supporters of reformative theory opine that the government should adopt measures to remove such bad conditions and thus prevent crime. It is usually assumed, moreover, that there is no particular need to examine the case for ascribing reform and deference functions to. Prevention of future crimes deterrence or rehabilitation of the offender are other purposes of punishment. Theories of punishment with special focus on reformative theory neetij rai abstract. Thus, according to this theory, the objective of punishment needs to be reformation by the offender. Some are quite sophisticated, whereas others are predicated on rather basic instinctive conclusions that may or may not have a basis in fact. In the philosophical debate about punishment, two main types of theories of punishment dom inate. Deterrence theory as a theory of punishment law times journal. Here is your speech on the reformative theory of punishment. 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. Theories of punishment legal definition of theories of. This theory does not involve treating a person as a thing.
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