Theories of Punishment
Theories of Punishment
Theories of Punishment
Criticism:
This theory has been criticized on following aspects.
1. It hardens the first offender by putting him in constant association with the habitual offenders.
2. When offender puts in jail, it breeds move crime.
(III)Reformative Theory:
According to this theory, the object of punishment should be the reform of the offender. Even in he commits a
crime, he dose not cease to be a human being. He must be educated and taught some art of industry-during the
period of his imprisonment so that he may be able to start his life again after his release from jail.
Prof. Jennings Stated:
Punishment not the revenge but to reform the offender.
Criticism:
The view of Salmond on the reformation theory that if criminals are to be sent to prison to be means formed into
good citizens, prisoner must be turned into comfortable develling place. The theory of reformative punishment
alone is not sufficient and there should be a compromise between the deterrent theory and the reformative
theory and the deterrent theory must have the last word.
(IV)Retributive Theory:
In primitive times, punishment was mainly retributive. The person wronged was allowed to have his revenge
against the wrong-doer the principal of an eye for an eye a tooth for a tooth was recognized and followed. The
plato was a supporter of the retributive theory.
Prof. kant Stated:
Judicial punishment can never serve merely as a means to further another good, whether for the offender
himself or for society, but must always be inflicted on him for the sole reason that he has committed a crime.
Criticism:
Critics points out to punishment in itself is not a remedy for the mischief committed by the offender. It merely
aggragates the mischief. Punishment is itself is an evil and can be justified only on the ground that it is going to
yield better results.
(V)Expiative Theory:
This theory is similar to the idea of retribution. Expiation means the suffering or punishment for an offence. To
suffer punishment is to pay a debt due to the law that has been violated.
Lilly Stated:
The wrong whereby he has transgressed the law of right, has incurred a debt. Justice requires that the debt be
paid, that the wrong be expiated.
Criticism:
Justice Holmes writes This passion of vengeance is not one which we encourage, either as private individuals or
as law-makers.
(VI)Compensatory Theory:
According to this theory, the object of punishment must be not merely to prevent further crimes but also
to compensate the victim of the crime. The contention is that the mainspring of criminality is greed and if the
offender is made to return the sill-gotten benefits of the crime, the spring of criminality would dry up.
Criticism:
This theory has been criticized on the following points:
1. It tends to over simply the motives of crime. The motives of crime is not always economic.
2. Even in cases of offences actuated by economic motives the economic position of the poor offender
may be such that compensation may not be available.
3. If the offender is a rich person the payment of any amount may be no punishment for him.
(VII)Denunciatory Theory:
This theory examines the crime from a moral point of view
View of Lord Dennings:
The punishment to criminal adequately reflect the revulsion, hatred and condensation must be felt
by a majority of citizens.
(VIII)Ultilitarian Theory:
This theory does not highlight or support any particular theory, but is one of the biggest theories for
basis of punitive measure. They believe that punishment is an instrument for reducing crimes to
matter from what approach they are adopted. There is no restriction to which theory by applied, the
purpose is to achieve good consequences.
6. Conclusion:
To conclude, I can say, that a perfect system of criminal justice cannot be based on any one theory
of punishment. Every has its own merits and every effort must be made to take the good points of
all. The deterrent aspect of punishment must not be ignored, likewise the reformative aspect must
be given its due place.