This theory is commonly accepted at the present time, because it is in harmony with the humanitarian sentiments of the age. Western ethics theories of punishment for competitive. The retributive view of punishment is pastlooking which is paying back by the offender. According to this theory, the object of punishment should be the reform of the criminal, through the method of individualization. A third theory also emphasizes the desert of the offender, but holds that what offenders deserve is the opportunity to reform. Some of the examples are death punishment, life time imprisonment, etc. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being. Hence my discussion of the moral education theory in this paper is meant to develop it as a complete justification of punishment and to distinguish it from its traditional rivals. 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. The classical theory the classical school came to be by responding to the state of criminal injustice in europe. Punishment is the imposition of an undesirable or unpleasant outcome upon a group or. Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective.
The progress of civilization has resulted in the change in the theory, method and motive of punishment. 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. Nov 04, 2015 theories of punishment can be divided into two general philosophies. The retributive theory seeks to punish offenders because they deserve to be punished.
These are the issues that are dealt with by the philosophy and 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. Therefore, an effort should be made to reform himher during the period of hisher incarceration. Under the reformative and rehabilitative theory, the accused are provided with such forms of punishment which would reform him and prevent him from committing such crimes. The guilty deserve to be punished, and no moral consideration relevant to punishment outweighs the offenders criminal desert is the philosophy of retributive theory. Thirtytwo students of grade x were grouped into a corporal punishment group cpg and a psychological treatment group ptg. As per this theory, the idea is to keep the offender away from the society. This theory of punishment states that the object of punishment should be the moral reform of the criminal and not to wreak vengeance. Srjisbimonthly anupama malik 897907 theories of punishment in the ethics of philosophy anupam mallik, assistant professor, department of philosophy, ramkrishna mahavidyalaya, kailashahar,tripura, india. Punishment theories of punishment utilitarian, society, theory. Theories of punishment are a controversial and frequently debated topic. 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. May 06, 2010 the progress of civilization has resulted in the change in the theory, method and motive of punishment. Doc reformative theory of punishment is more effective.
Thus fines and noncustodial sentences may address the crimes seen as least serious, with lengthy imprisonment or in some jurisdictions capital punishment reserved for. Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that he or she suffer in return. 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 reformative theory of punishment is followed in india. Is the reformative theory of punishment suitable for a country like india as every indian knows that india today doesnt only have the largest population well lets say it also has the largest crime rateevery day we hear and read cases of rapes, murders, robberies, etc on the t. Abstract theories of punishment are a controversial and frequently debated topic. The major problem with these type of theories is that they make the criminal more violent rather than changing him to a better individual. For punishment to be meted out, a person must be found guilty. Thus from the very beginning of the origin of state, the concept of crime and ways of preventing it or if not, punishing the wrongdoer existed. One may commit a crime either because the temptation of the motive is stronger or because the restrain imposed by character is weaker. If so, the main work of justifying punishment must rely on its deterrent e. Reformative theory of punishment the object of punishment. Under the utilitarian philosophy, laws should be used to maximize the.
Thus, according to this theory, the objective of punishment needs to be reformation by the offender. A new reading of kant s theory of punishment robert r. Retributivism is a deontological theory of punishment that calls for the deserved punishment of a guilty offender in proportion with his moral blameworthiness for. Feb 28, 2017 modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. Reformative theory of india an anlaysis of the need for a. A theory of differential punishment vanderbilt university. We pay the penalty because we owe it, and for no other reason. Locke viewed that the people in the state of nature agreed a social contract in order to establish a. Punishment is inflicted on a criminal in order to reform or educate him.
The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for. According to this theory, it does not matter whether or not the punishment will serve any purpose in future as utilitarian theory holds. Punishment can be explained by positive prevention theory to use the criminal justice system to. One can categorise crimes depending on the related punishment, with sentencing tariffs prescribed in line with the perceived seriousness of the offence. This criminal under this theory is punished with death, life imprisonment etc. 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.
Criminal punishment and the pursuit of justice harvard law school. Unlike deterrence theory, an innocent can never be punished. Can overlap with deterrent and reformative theories. Principles of operant conditioning reinforcement and punishment. The punishment system is an integral part of criminal justice and for maintaining social security. D reformative theory this theory is the most humane of all the theories which aims to reform the legal offenders by individual treatment. Hoffman paul guyer there are deep, insurmountable difficulties with the traditional interpretation of immanuel kant s writings on the subject of punishment. The theory of punishment being followed in india with the objective to reform the criminals instead of punishing them is not that effective in prevention of the occurrence of. Modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. A deterrence theory of punishment by anthony ellis i start from the presupposition that the use of force against another is justi. Although it is undeniable that throughout his published writings on practical philosophy and in particular in his. The type, logic, and details of his justification, however, are less clear. Retribution is different from revenge because retributive justice is directed only at.
Kants theory of punishment utilitas cambridge core. Firstly, a kid who falls down and kicks the floor inadvertently. The reform theory is the most popular theory today. According to the reformative theory, the aim of punishment is the improvement of the offender himself. Offences are committed by reason of conflict between the interests, real or apparent, of the wrongdoer and those of society at large. The modem age seems generally to favour and apply this theory. The criminal justice system of our country is based on the simple principle of abhor the crime, not the criminal.
These premises pose an obvious problem for punishment. Stillman that hegel expounded a justification of punishment is clear. It was with the knowledge of such history that cesare beccaria who is the major proponent of this theory developed his ideas. All these are not mutually exclusive and each of them plays an important role in dealing with potential offenders. Reformative theory of punishment the object of punishment has been considerably under the process of changes from the last centuries because of the welfare state concept. Psychological limits to the pains of imprisonment, author craig haney argues that the united states has pursued fundamentally flawed prison policies that have crossed the. It is needless to mention that satisfactory justification and practical application of theories of punishment is one of the most important and complex problems in ethics. The utilitarian authors will offer answers to such questions as. Philosophical analysis of the theories of punishment in the. Short work on reformation with timetotime society to reduce criminals. Theories of punishment with special focus on reformative. Administration of justice theories of punishment 3. Reformatory theory and contemporary peal provisions.
This theory is based on the principle of humanistic that even if an offender commits any crime, he does not cease to be a human being. Theories of punishment with special focus on reformative theory neetij rai abstract. Best wishes and thank you in advance for your contribution to the lexkhoj international journal of criminal law. By charles kungwengwe shadreck,nicknamed shady, a young man based in chiredzi s tshovani township in zimbabwe, has been incarcerated for having beaten a lady and in the process subjected her to grievous bodily harm. The unified theory of punishment is found in thom brooks, punishment routledge, 2012. C 1860 introduction, theories of punishment and types of. He should not be used as a means for the good of any other persons. It also requires that the response to a crime is proportional to the offence. Preventive theory aims to prevent the crime, rather than avenging it. During the nineteenth century, a theory of punishment was developed which stated that life is regulated by calculating the pleasures and pains involved in contemplated actions, and that the aim of punishment was to increase the pain over the pleasure of the act to deter the contemplated act.
The concept of penal reform had its birth from the reformative theory of punishment. Theories of punishment with special focus on reformative theory. 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. If a vice is a crime, then how should it be punished. 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. Research has shown that punishment decreases behaviors very quickly. Prevention of future crimes or rehabilitation of the offender are other purposes of punishment. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter, future wrongdoing. 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. Theories of punishment legal definition of theories of punishment. According to this theory, the aim of punishment is to educate or reform the offender himself.
Is the reformative theory of punishment suitable for a. Deterrence theory as a theory of punishment law times. This theory justifies capital punishment as an extreme form of punishment because of its determent effect. The preventive theory establishes punishment as curative. Reformative theory law and legal definition the reformative theory of punishment emphasises on reformation of offenders through the method of individualisation. As hobbes said that in the state of nature people were nasty, brutish and their life was short. Punishment to prevent the perpetration of acts classified as criminal, to coerce or deter. 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. A crime is committed as a result of the conflict between the character and the motive of the criminal. The most widespread interpretation amongst contemporary theorists of kants theory of punishment is that it is retributivist. It is taken as a purification process by which an evil doer would wash away his sins. Critical analysis of theories of punishment mere denunciation of crime is not enough.
So, this is not a punishment virtually but rather a rehabilitative process. The last theory of punishment being the most humane of all looks into this aspect. 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. Data collection was done in respect of the study specific objectives through data collection methods which include questionnaires and interviews. Reformative theory law and legal definition uslegal, inc. Reformative theory of punishment is most relevant theory at present, it balances rights of society. Punishment means, it is the redress that the commonwealth takes against an offending member1punishment is some sort of social. This course on the fairness of justice will take you deeper into the world of law.
The chief end of the law of crime is to make the evildoer an example and warning to all those who are like minded. Punishment expresses societys condemnation of the crime theory explains the need for general requirement of liability known as culpability mens rea by presupposing free will. Perspectives on the effects of corporal punishment. This theory rests upon the belief that human behavior is the product of antecedent causes that these causes can be identified, and that on these basis therapeutic measures can be employed to effect changes in the behavior of the person treated. A criminal is the product of the social and economical. Let us give human touch to criminal law and reduce the brutalities of punishment is todays philosophy of law. This theory of punishment refers to two different types of deterrence. Locke viewed that the people in the state of nature agreed a social contract in order to establish a formal law. Punishmentretribution, rehabilitation, and deterrence. Reformative theory of punishment the theory of reformative emphasizes on reformation of the offender through the method of individualization. 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. For paternalist theories of punishment, the normative question instead becomes. The reformative theory was born out of the positive theory that the focal point of crime is positive thinking.
It holds that the proper aim of criminal procedure is to reform the criminal so that he may become adjusted to the social order. The reformative theory of punishment emphasises on reformation of offenders through the method of individualisation. Expiatory theory of punishment is the one where if the offender realises its mistake, then the offender is forgiven of the crime. According to this theory crime is a disease, it should be diagnosed properly like all.
Another key component of operant conditioning is punishment, which is the application of an aversive stimulus in an effort to reduce the frequency of a behavior in the future ormrod, 2009. Prison of the time should have a meaning that incorporates the reformative values into it. Holden university of texas at austin parental use of corporal punishment has been a contentious childrearing topic for thousands of years. 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. Hampton thinks that punishment can be justified only if it benefits the person being punished. In other words, the monetary loss of the sufferer is compensated and the. Retributive theory is based on rights, desert and justice. A comparative analysis of punishments awarded in islamic. Clustered sampling technique was applied to identify the sample size for the study. Generally, it is believed to be a firm of taking revenge and would not serve only penal purpose. Reformative theory of punishment pdf download this paper open pdf in browser share email add to.
The retributive theory treated it an end in itself supporters of this view maintain that punishment must not be justified by its intended or actual results, it. Retributivist theory focusses on punishment to only those who deserve it. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. Sep 02, 2014 the concept of penal reform had its birth from the reformative theory of punishment. 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. The unified theory of punishment helps public policy decisionmaking and should be taken into account when we decide. The following theories of punishment explain how and why justice is doled out to those that deserve it. Theories of punishment can be divided into two general philosophies.
Need for deterrent and retributive punishment in india. Some of the legislative provisions, which deal with reformative concept, are as follows. This theory presumes that the adamant and habitual offender can also be changed into a lawabiding citizen by reformation. Since they are backwardlooking, they are not concerned with the possibility of a person committing a crime. In addition, we will give voice to some major objections to the utilitarian theory. On the contrary, i will argue there are very different senses in which kant discusses punishment. The reformatory theory of punishment in action, legal. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. Punishment is identified by infliction of pain, forfeiture, chastisement, castigation or penalty. 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. Here is your speech on the reformative theory of punishment. Reformative and rehabilitative theories of punishment. This theory argues that too much alternation was given for crime, and little was given to the criminals.
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