Theories of Punishment

 

Punishment (as per Indian Penal Code)

Punishment is a method by which Juadicial System of a Country inflicts pain to person or the property of person who is proved guilty of the Crime or it can be stated as retribution on the offender to suffering based on his acts.

Objective of giving Punishment

Mere denunciation of crime is not enough; it must be pushed to its logic end that crime does not pay by punishing the offenders. Punishment means, “It is the redress that the commonwealth takes against an offending member”

1 Punishment is some sort of social censure and not necessarily involving physical pain. H Kelson in his General Theory of Law and State described “sanction is socially organized consists in a deprivation of possession- life, freedom, or property”

2 According to Jeremy Bentham punishment is evil in the form of remedy which operates by fear.

3 Johan Finnish has said that delinquent behaviour of a person needs to be taught lesson not with melody but with iron hand. “There is the need of almost every member of society to be taught what the requirement of the law—the common path for pursuing the common good—actually is: and Vivid drama of the apprehension, trial, and punishment of those who depart from that stipulated common way

Benefits of Punishment

The punishment serves as an example to the rest of society, and it puts others on notice that criminal behaviour will be punished.

This incapacitation is designed to be so unpleasant that it will discourage the offender from repeating his criminal behaviour.

Theories of Government to support Punishment to maintain Order in the Society

Theories of punishment can be divided into two general philosophies: utilitarian and retributive.

1. The utilitarian theory of punishment seeks to punish offenders to discourage, or "deter," future wrongdoing.

Under the utilitarian philosophy, laws should be used to maximize the happiness of society. Because crime and punishment are inconsistent with happiness, they should be kept to a minimum. Utilitarian's understand that a crime-free society does not exist, but they endeavour to inflict only as much punishment as is required to prevent future crimes.

 

2. The retributive theory seeks to punish offenders because they deserve to be punished.

The retributive theory focuses on the crime itself as the reason for imposing punishment. Where the utilitarian theory looks forward by basing punishment on social benefits, the retributive theory looks backward at the transgression as the basis for punishment.

 

Theories of Punishment as per Section 56 of Indian Penal Code

·       Deterrent Theory

·       Prevention Theory

·       Rehabilitation Theory

·       Reformation Theory

Each has its place, and hopefully all four can work together to achieve something we would call justice.

Deterrent Theory

Deterrent Theory: to prevent the wrong doer from committing the crime again. It tries to act as a example for others who have criminal tendencies from committing the crime again. It is of two types: -

1. Specific deterrence
2. General deterrence

Specific Deterrence Theory

Specific deterrence is punishment that is designed to discourage the individual offender from repeating the conduct. An “attention getter” of a sentence can convince the person that they never want to do that again. For example, offenses like DWI and assault are what we call “enhanceable,” meaning the level of offense gets more serious for subsequent violations. A person getting a misdemeanour conviction for assault fills out an advisory acknowledging that the next violation would likely be a gross misdemeanour, and after that a felony. This can be a motivator to change behaviour.

General Deterrence Theory

General deterrence is for the public as a whole. When a particular punishment is handed down, it is supposed to convince others that it’s not worth the risk to engage in similar conduct. For example, law enforcement often runs prostitution sting operations on the internet. The consequences of a conviction and sentence can serve as a deterrent to others who might be tempted to engage in the same behaviour.

Punishment Theory

Public Safety, or the idea that we have to punish some people with incarceration because they pose a danger to individuals or society as a whole. Our sentencing guidelines take this into account, the severity of the crime, and sometimes the criminal history of the offender, the guidelines will call for a presumptive prison sentence rather than probation.

Retribution Theory

Retribution is punishment for punishment’s sake. If that sounds harsh, ask yourself what you would want to happen to a person who injured you or a close friend or family member. It is entirely natural that you might want that person to be punished, so they feel some pain for their actions that caused you pain. This is why crime victims have an opportunity to submit impact statements to a court before sentencing. It is also why crime victims can request restitution.

Rehabilitation Theory

Rehabilitation is the idea that punishment should be corrective, and change the underlying behaviours. As judges, we try to tailor conditions of probation to address chemical dependency, mental health, and education. Sometimes there is particular programming, such as for domestic abuse, that can work toward changing a person’s thinking. The goal is to fix the underlying problems, so the person does not reoffend.