THEORIES OF PUNISHMENT:
1. DETERRENT
According to this theory the punishment is awarded to deter people from committing the
crime. Emotion of fear play a vital role in man's life. The peole fear to commit the crime
because it will render them to suffer. The fear of punishment put a check not only on
criminal from committing further crime but also on all other evil minded. In spite of its
weakness this has not entirely been eliminated from the policy of modern court of criminal
justice. Hegal strongly supported this theory.
2. RETRIBUTIVE
The theory is based on the principle of an eye for an eye and tooth for tooth. The offender
should be punished according to the nature of injury caused by him to the victim. In other
words punishment should be in proportion to the injury caused by the accused. This theory
does not look to the motive but to the intention in committing the crime. According to
Salmond, t suffer punishment is to pay a debt due to the law that has been violated.
3.PREVENTIVE
This has also been called theory of dsablement as it aims at, preventing the crime by
disabling the criminal. In order to prevent the repitition of crime , the offenders are
punished with death, imrisonment for life. For example, a murder is commited by A and he
is punished. Here A is punished not for having committed the murder, but in order that no
further murder be committed. This theoty has been commented by many writers on the
ground that prevention of crime can also be done by reforming the behaviour of the
criminal.
4. REFORMATIVE
The object of punishment according to this theory should be to reform the criminals. The
cime is a mental disease which is caused by different anti-social elements. Therefore, there
should be a mental case of the criminal s instead of awrding them severe punishment. Much
truth lies in the statement that to open a school is to close a prison. if a persons of criminal
mind are educated and trained there will be a little or not at all possibility of any crime
being committed by them. The punishment therefore should be curative or corrective
because no body could be cure by killing. In modern times much imortance is given to
reformation or rehabilitation of the criminals.specially the young offenders in whose case
this theory has very successfully applied. This theory has however failed in the cases of
professional and habitual offenders.
From the above discussion this is clear that neither theory can be adopted as sole standard
of punishment for the perfect penal code .
Theories of Punishment
Administration of Justice is the primary functions of the State, is generally divided into
administration of Civil Justice and Administration of Criminal Justice. The main purpose of
Administration of criminal Justice is to punish the wrongdoer. It is the State which punishes
the Criminals. From the ancient times, a number of theories have been given concerning the
purpose of punishment.
1) Punishment Meaning :
Punishment is a process by which the state inflicts some pain to the persons or property
of person who is found guilty of Crime.
2) Object
The Object of Punishment is to protect society from mischievous and undesirable
elements by deterring potential offenders, by preventing the actual offenders from
committing further offenses and by reforming and turning them into law abiding citizens.
3) Theories of Punishments :
Theories of Punishment are as follows
i) Deterrent Theory
'To deter' means, " to abstain from action/ doing ". Deterrent means, "infliction of
severe punishments with punishments with a view to prevent the offender from
committing the crime again."
According to this theory, the object of punishment is not to only prevent the
wrongdoer from doing a wrong a second time, but also to make him an example to others
who have criminal tendencies. Salmond considers deterrent aspects of criminal justice to
be the most important for control of crime.
A Judge once said : " I don't punish you for stealing the sheep but so that sheep may not
be stolen." The aim of punishment is not revenge but terror.
According to Manu "penalty keeps the people under control, penalty protects them,
penalty remains awake when people are asleep, so the wise have regarded punishment is a
source of righteousness"
According to Paton " The deterrent theory emphasis the necessity of protecting
society, by so treating the prisoners that others will be deterred from breaking law.
The deterrent theory was the basis of punishment in England in the Medieval Period.
Sever and Inhuman punishments were order of the day and inflicted even for minor
offenses like pick pocketing and stealing etc. The culprits were subjected to the sever
punishment of death by stonning and whipping.
In India during the Mughal period, the penalty of a death sentence or mutilation of the
limbs was imposed even for the petty offenses of forgery and stealing etc. Even today in
moat of the Muslim countries , Such as Pakistan, Iraq, Iran, Saudi Arabia, the deterrent
theory is the basis of Penal Jurisprudence.
Criticism :
There is a lot of criticism of the deterrent theory of punishment in modern times. It has
been criticized on the grounds that it has proved ineffective in checking crimes and also
that excessive harshness of punishment tends to defeat its own purpose by arousing the
sympathy of the public towards those who are given cruel and inhuman punishment.
Hardened criminals are not afraid of punishment. Punishment losses its horror once the
criminal is punished.
ii) Retributive Theory
'Retributive' means , punitive or payback or make a return to." In Primitive society
punishment was mainly retributive. The person wronged was allowed to have revenge
against the wrongdoer. The Principle of 'an eye for an eye', 'a tooth for a tooth ', a nail for
nail, limb for limb was the basis of criminal administration.
According to Justice Holmes 'It is commonly known that the early forms of legal
procedure were grounded in vengeance.'
According to Sir John Salmond the retributive purpose of punishment consist in
avenging the wrong done by the criminal to society.
The idea behind this theory is to make the offender realize the suffering / pain. The
advocates of this theory plead that the criminal deserve to suffer. The suffering imposed by
the State in its corporate capacity is considered the political counterpart of individual
revenge. It is urged that unless the criminal receives the punishment he deserves, one or
both of the following effects will result, namely, the victim will seek individual revenge,
which may mean lynching (killing or punishing violently ), or the victim will refuse to
make a complaint or offer testimony and State will therefore be handicapped in dealing
with criminals . The modern criminology discards retribution in the sense of vengeance,
but in the sense of reprobation, it must always be an essential element in any form of
punishment.
Criticism
Critics of retributive theory points out that punishment per se is not a remedy for the
mischief committed by the offender. It merely aggravates the mischief. Punishment in itself
evil and can be justified only on the ground that it yields better result. Revenge is wild
justice. Retribution is only a subsidiary purpose served by punishment.
iii) Preventive theory
Preventive theory is also known as 'theory of disablement.' According to this theory,
punishment is based on the proposition, "not to avenge crime but to prevent it" The aim of
this theory is to disable the criminal. Offenders are disabled from repeating the crime by
awarding punishments, such as death, exile or forfeiture of an office. By putting the
criminal in jail, he is prevented from committing another crime.
The supporters of this theory recognize imprisonment as the best mode of punishment
because it serves as an effective deterrent as also a useful preventive measure. Bentham
supported the preventive theory because of its humanizing influence on criminal law.
According to Justice Holmes " There can be no case in which the law-maker makes
certain conduct criminal without his thereby showing a wish and purpose to prevent that
conduct. Prevention would accordingly seem to be the chief and only universal purpose of
punishment. The law threaten certain pains if you do certain things, intending thereby to
give you a new motive for not doing them. If you persist in doing them, it has to inflict the
pains in order that its threats may continue to be believed."
According to Paton : " The Preventive theory concentrates on the prisoner and seeks to
prevent him from offending again in the future. The death penalty and exile serve the same
purpose.
Criticism
Critics points out that Preventative Punishment has the undesirable effect of hardening
first offenders, or juvenile offenders, when imprisonment is the punishment, by putting
them in the association of Harden Criminals.
iv) Reformative Theory
According to Reformative theory, the object is of punishment is the reformation of
criminals. This theory seeks to bring about a change in the attitude of offender so as to
rehabilitate him as a law abiding member of society. Even if an offender commits a crime
under certain circumstances, he does not cease to be a human being. The circumstances
under which he committed the crime may not occur again. Crime is a mental disease,
caused by different anti-social elements. Therefore the mental cure of criminals rather than
awarding punishment will serve the purpose. If the criminals are educated and trained,
they will be competent to behave well in the society.
The object of the punishment should be reform the offender. The criminal must be
educated and taught some art or craft or industry during his term of imprisonment, so that
they may be able to lead a good life and become a responsible and respectable citizen after
release from jail. While awarding punishment judge should study the character and age of
the offender, his early breeding, family background, his education and environment, the
circumstances under which he or she committed the crime, the motive which prompted
him or her indulge in criminal activities, etc. The object of doing so is to acquaint the judge
with the circumstances under which the offence was committed so that he could award
punishment that could be serve the ends of justice.
Criticism :
Critics of this theory state that if Criminals are sent to prison to be transformed into
good citizens, a prison will no longer be a 'prison' but a dwelling house.
This theory has been proved to be successful in case of young offenders.
v) Expiatory Theory
Expiatory theory of Punishment is based on morals. According to this theory repentance
or expiation by offender itself is a punishment. If the offender expiates or repents, he must
be forgive. Expiatory theory of punishment was prevalent in ancient Indian criminal law.
Expiations were performed by way of uttering mantras, fasting or even burning oneself to
death.
vi) Theory of Compensation
According to Theory of Compensation the object of punishment must not be merely to
prevent further crimes but also to compensate the victim of the Crime.
Criticism :
Critics points out that it tends to oversimplify the motive to crime.
Different Theories of Punishment
1. INTRODUCTION
A proper theory regarding a system of punishment has been subject of debate for many
centuries. With the passage of time various theories have been proposed with special
reference to the contemporary legal systems; each theory having its particular merits and
demerits.
2. DEFINITION OF CRIME
Some definitions of crime are as follows;
(i) According to Black's Law Dictionary:
"A positive or negative act in violation of penal law, an offence against the State."
(ii) According to Law Lexicon
"A crime is an act or omission which is prohibited by law as injurious to public and punished
by the State."
(iii) According to Kenny
"A crime is an unlawful act or default which is an offence against the public and renders the
person guilty of the act or default liable to legal punishment."
3. DEFINITION OF PUNISHMENT
Punishment is a mean to inflict pain or loss upon a person of his misdeed.
(i) According to Law Lexicon
'Punishment is penallyfor transgression of the law."
(ii) According to Black's Law Dictionary
"Any fine, penalty or confinement inflicted upon a person by authority of the law and the
judgment and sentence of a court, for some crime or offence Committed by hurl) or for his
omission of a duty enjoined by law.
(iii) According to Lord Denning
"Punishment is the emphatic denunciation of a crime by a society."
4. DEFINITION OF CRIMINAL JUSTICE
"Criminal justice is the body of law dealing with offences which may results in the imposition
if punishment, such as fine or imprisonment."
5. FUNCTIONS OF CRIMINAL JUSTICE/LAW
(i) Preservation of life.
(ii) Protection of individual property.
(iii) Protection of state & country.
(iv) Exigencies of good government.
(v) Maintenance of public peace & tranquility.
(vi) Up keeping of morality and culture.
(vii) Prediction of rights & liberties of people
(viii) To condemn the crimes, criminals & violation of law.
6. CHARACTERISTICS OF PUNISHMENT
According to H.L.A. Hart punishment must contain following characteristics;
i. It must involve pain or any other consequences normally considered unpleasant.
ii. It must be for an offence against legal rules.
iii. It must be against an actual or supposed offender for his offence.
iv. It must be intentionally administered by human beings other than the offender.
v. It must be imposed and administered by the authority constituted by the legal system
against which the offence is committed.
7. PURPOSE OF PUNISHMENT/OBJECT OF CRIMINAL JUSTICE:
The main object of punishment is the prevention of crime, and every punishment is
intended to have a double effect i.e.
(i) To prevent the person who has committed a crime from repeating the act or omission.
(ii) To prevent other members of the community from committing similar crimes.
8. REACTION TO CRIME
Reaction to crime has been different at different stages of human civilization and even at a
given time, it has been different in different societies. It has been rightly said that the
attitude towards crime and criminals at a given time in a society represents the basic value
of the society. Under changing attitude in various societies, three types of reactions can be
distinguished;
(i) Punitive Approach:
It regards the criminal as a basically bad and dangerous sort of person and object under
this approach is to inflict punishment on the offender in order to protect the society from
his onslaughts.
(ii) Therapeutic Approach
This theory regards the criminal as a victim of circumstances and a product of various
factors within the criminal and society. This approach, since it regards the criminal as a sick
person, requires treatment.
(iii) Preventive Approach
This approach, instead of focusing attention on particular offenders, seeks to eliminate
those conditions which are responsible for crime causation.
Note: But none of these approaches exists independently from others. Not only do they
overlap each other but they also co-exist in certain systems.
9. THEORIES OF PUNISHMENT
There are two main schools of thought, they are;
(A) UTILITARIAN THEORY
Utilitarian view means ideas based on the notion that the the help of criminal law. They do
not highlight or support one set of punishments. Utilitarian accept punishment only for
achieving good consequences/results:
(i) Types/Kinds of Punishments:
Following are the types/kinds of punishments with respect to their object;
(a) Useful Punishments
They achieve good consequences/ results and include retribution, deterrence,
compensation and prevention.
(b) Needful Punishments:
This is a comprising situation. They believe that punishments under this head do not
achieve good consequences/results but have to be awarded out of need.
(c) Valueless Punishments:
This is the level where the utilitarian believe the punishments involve more evil than what
it purports to solve. This is an emergency situation where law should be situated. Thus this
throw believes in the utility of punishments; when the level of utility decreases the need to
substitute law arises.
(B) RETRIBUTIVE THEORY
According to retributive theory, punishment means "repairing an injustice" or "making. a
`wrong "right". In primitive society, punishment was mainly retributive. The person
wronged was allowed to have his revenge against the wrong doer. The principle of "an eye
for an eye", and "a tooth for a tooth" was recognized and followed.
According to this "commission of a crime is a debt due to law, and this debt is paid up with
punishment is suffered." This view is base on the maxim that.
Guilt + Punishment = Innocence
(i) Kant's View
According to Kant that, "the principles of justice require that we punish the blameworthy.
On Kant's view, b punishing people who commit crimes, a community is treating- them as
moral agents. It is holding a person responsible for his or her own actions. Moreover
community that does not punish crime is participate in the "public violation of justice."
(ii) Bentham's View
According to Bentham vengeance, is one of the biggest pleasures of man, and retributive
theory satisfies this instinct or pleasure. It is based on an assumption that since 'revenge' is
a basic, most important instinct of man, if it remains unsatisfied through the public system
of punishment, every victim will adopt his own means to satisfy this instinct. This would
lead to chaos and lawlessness in the society.
(iii) Division of Retributive Theory
We may divide the theory as follows;
(a) Negative Retributivism
Negative retribution holds that it is morally wrong to punish an innocent person even if
society might benefit from the action.
(b) Positive Retributivism
It holds that one who is guilty of an offence must be punished. Punishment is imperative in
this case.
i. Assaultive Retribution:
This is the view that a person is justified in hating the criminal. By victimizing a person, the
criminal has declared himself elevated over that persona If the criminal suffers in
proportion to the suffering of the victim, his elevation is denied, and "moral reality is
reaffirmed".
ii. Protective Retribution
It is based on the principle that to punish a criminal is to exact form him what he owes it is
to treat him as a moral agent When a person commits a crime he owns something to others,
something that does not rightfully belong to him. Justice restores the equilibrium of
benefits burdens by taking from the individual what he owes i.e. exacting the debt.
(iv) Criticism/Objections
Critics point out that punishment in itself is not a remedy for the mischief committed by the
offender. It merely aggravates the mischief. Punishment in itself is an evil and can be
justified only on the ground that it is going to yield better consequences/results. Revenge is
wild justice.
(a) It is Revenge Oriented
In the late 16th Century, theory was opposed by the church. It said that forgiveness is' a
greater virtue than revenge. Therefore a true Christian shall not take revenge.
(b) It is Against Humanity
Man is a moral being, though the pleasure of vengeance is there but morality and ethics
come above it. It is Gad who would punish the offender. Therefore selfish desires should be
set aside for the sake of morality and humanity.
(c) It is Very Primitive
Lord Donald considers it to be a primitive theory which was suitable for ancient societies.
Today its application would mean a system based on private punishment rather than a
public.
(d) It does not consider the reformative approaches to transform a criminal.
(e) Retribution is possible only in cases of physical injuries or crimes. It cannot be applied
in property or traffic crimes.
(f) It only considers the crime and not the circumstances of criminal. It generates enm
between people.
10. SUB-APPROACHES TO PUNISHMENTS
Besides the main schools i.e. Utilitarian and Retributive, there are some other approaches
as well, which are as follows;
(I) DETERRENT THEORY:
It is one of the oldest theories of punishments and its roots have been traced back to the
Roman times. Deterrent theory can be described as consequentiality in nature. It looks
forward in time and aims to achieve a preventive measure by deterring an offender from
committing crimes in future.
According to this theory, "by punishing, one person other like minded persons are warned,
they may think before taking law in hands."
(i) Salmond's View/Supporter of Deterrent Theory
Salmond considers the deterrent aspect of punishment to be the most important. He states
that punishment is before all things deterrent and the chief end of the law of crime is to
make the evil doer an example or a warning to all that are like-minded with him. Professor
Locke is also a great supporter of this theory.
(ii) Principle
The underlying principle of deterrent theory is that punishment should exceed in
proportion to the crime committed. According to Benthem this, theory is self-defense
mechanism. When an offence is committed the society, in order to defend itself, reacts in an
aggravated manner causing the quantum of punishment to increase.
(iii) Criticism/Objections
(a) Ineffective in Checking Crimes
The deterrent theory has proved to be ineffective in checking crimes. Even when there is a
provision for very severe punishments in the penal law of the country, people continue o
commit crimes.
(b) Arises Public Sympathy
Excessive harshness of punishment tens to defeat its own purpose by arousing the
sympathy of the public towards those who are given cruel punishment.
(II) PREVENTIVE THEORY
Another object of punishment is preventive or disabling. The offenders are disabled from
repeating that offence by such punishments as imprisonment, death, exile, forfeiture, of the
offence etc. According to this theory, "the repetition of the offence by the same offender is
prevented by imposing penalties such as death exile, imprisonment etc.
(i) Paton's View/Supporter of Preventive Theory
The preventive theory concentrates on the prisoner but seeks to prevent him offending
again in future. Death penalty and exile serve the same purpose of disabling the offender.
Justice Holmes is also great supporter of this theory.
(ii) Principle
The underlying principle is that the law threatens certain pains, if you do certain things,
intending thereby to give you a new motive for not doing them.
(iii) Example: Preventive punishments is the cancellation of driving license of a person. As
he has no license,. he is prevented from driving. Similarly by hanging a murderer, he is
disabled from repeating that crime.
(iv) Criticism/Objections
(a) When an offender is detained or disabled, the family members also suffer the
consequences / results especially where the offender is the sole earning member of the
family.
(b) Jails which are the main form of punishment under this theory having turned into crime
schools thus providing an opportunity to convict to turn into a hardened criminal.
c. Preventive punishments are of temporary nature. They do not appeal to the conscience of
the criminal rather they force the criminal to commit the crime again.
(III) REFORMATIVE THEORY
Reformative theory is a part of the therapeutic approach. This theory believes that an
offender is a product of his circumstances and if it were not for those circumstances, he
would not have committed the crime. According to this theory, "there should be
reformative and training centers. where the criminal should be bought and educated
during this period of imprisonment."
(I) Supporter
Professor Jennings is a great supporter to this theory.
(ii) Object
The object of punishment, according to this theory, is to transform the criminal into a good
human being and a good citizen. The advocates of reformative theory contend that by a
sympathetic, tactful and loving treatment of the offenders, a revolutionary change may be
brought about in their character.
(iii) Criticism/Objections
(a) Habitual offenders are excluded from this approach. Since hardened criminals cannot
be reformed because they don't commit crimes out of necessity rather out of instinct.
(b) Since prisons are comfortable the offender may think of them• as an escape from the
out side world.
(IV) COMPENSATION THEORY
The compensation theory is a part of the traditional approach with a utilitarian aspect:
According to this theory, the punishment must not be merely to prevent further crimes but
also to compensate the victim of the crime.
i) Purposes
(a) To compensate the victim.
(b) To deprive the offender of his property or possession as a punishment. Taking away
property is worse than isolating him or killing him, physical torture or humiliation. This is
because property is a main weakness of man.
(iii) Criticism/Objections:
(a) It tends to over simplify the motives of the crime. The motive of a crime is not always
economic.
(b) If the offender is a rich person, the payment of any amount may be no punishment for
him.
(c) The offender who has no property cannot be punished.
(d) Taking away property may lead to frustration and more crimes may be committed out
of this frustration.
11. CONCLUSION
Criminal justice aims at awarding punishments and has various objects and theories in
view in punishing offenders. Perfect system of criminal justice cannot be based on any one
theory of punishment. Every theory has its own merits and demerits. For a just criminal
and harmonious criminal system to exist an amalgamation of all the positive attributes of
each theory should be adopted.
crime0s level o severity might be determined by the amount o harm$ unairadvantage
or moral imbalance the crime
caused. The theory may be said to be based upon the words o "llah. *t is said in1uran “O
ye who believe2 The law o e-uality is prescribed to you in caseso murder3
the ree or the ree$ the slave or the slave$ the woman or the w o m a n . !
4 u r p r i s i n g l y $ 5 u s l i m 6 u r i s t s u p h o l d d e t e r r e n c e e v e n i n c a s e s o 1isas.
THEORY OF DETERRENCE:
This theory states that the ear o punishment will cause potentialwrongdoers to act
within the parameters o the law. This theory says that toprotect the public rom the
commission o crimes by ma7ing it clear to theo#ender and to other persons
with similar intentions that i they commit crimes$ they will meet with severe
punishment.%eterrence is o two types$ Primary and 4econdary %eterrence. The idea
o primary deterrence is that the o#ender should be given such an unpleasanttime that$
through ear o punishment$ he will never repeat his conduct. *n general
deterrence the aim o punishment is to discourage others who haveintention to commit
crime by the threat o punishment and the e(ample o t h e p u n i s h m e n t
o the o#ender. The idea common to the theory
o deterrence is that the e(perience$ threat or e(ample o puni
s h m e n t discourages crime.*n *slamic ,aw the idea o deterrence is supported by most o
the prescribedp e n a l t i e s . 8 v e n t h e p e n a l t y o 1 i s a s w h i c h d o e s h a v e s o m e
a t t r i b u t e s o retribution is primarily meant or deterrence. The purpose o the
penalty isdeterrence as well as retribution. * the punishment o murder was
given9ereater very ew would have deterred rom it because ma6ority o
peopledeterred by the ear o immediate punishment. Thus "llah ordered 1isas aswell as
%iyah or the reali&ation o the meaning o deterrence.
THE THEORY OF REFORMATION AND REHABILITATION:
*n modern times many people argue or the reormation and rehabilitation o o#ender in
order to protect basic human rights. "ccording to this theory$ theob6ective o the
punishment should be the reormation o the criminal. *t is based on the
humanistic principle
that even i an o#ender commits a crime$h e d o e s n o t c e a s e t o b e a h u m a n b e i n g
.
9e may have committed a
crimeu n d e r c i r c u m s t a n c e s w h i c h m i g h t n e v e r o c c u r a g a i n . T h e r e o r e a
n e#ortshould be made to reorm him during the period o his
punishment.
Theo b 6 e c t o p u n i s h m e n t s h o u l d b e t o b r i n g a b o u t t h e m o r a l r e
orm o the
: /P a g e
o#ender
.
9e must be educated and taught some art or industry during the period o his
imprisonment so that he may be able to start his lie again aterhis release rom 6ail. ;hile
awarding punishment the 6udge should study thec h a r a c t e r a n d a g e o t h e
o # e n d e r $ h i s e a r l y b r e e d i n g $ h i s e d u c a t i o n a n d environment$ the
circumstances under which he committed the o#ence$
theo b 6 e c t i v e w i t h w h i c h h e c o m m i t t e d t h e o # e n c e a n d o t h e r a c t
ors.
Theo b 6 e c t i v e o d o i n g s o i s t o b r i n g i n t o t h e 7 n o w l e d g e o t h e 6 u d g e
w i t h t h e e(act nature o the circumstances so that he may give a punishment
whichsuits the circumstances.
CRITICS:
,ord Goddard <= has critici&ed the theory o reormation and rehabilitation inollowing
words)“ T h e u n c t i o n o t h e c r i m i n a l l a w i s d e t e r r e n c e $ n o t r e o r m . " s
law is notconcerned with the reorm o the criminal. That
w a s a m a t t e r o r t h o s e persons and societies who to their honour were trying to do
something aboutit!.
THE THEORY OF PREVENTION:
"ccording to the prevention theory the ob6ective o punishment
is preventingr e p e t i t i o n o c r i m e b y d i s a b l i n g t h e o # e n d e r t h r o u g h m e a s u
res such asi m p r i s o n m e n t $ p e n a l t y $ d e a t h p u n i s h m e n t a n d s u s p e n
s i o n o l i c e n s e . Preventive theory was supported by utilitarian law reormers
because o itshumanising infuence on penal law. *n their view$ it is the certainty o law
andi t s s e v e r i t y w h i c h h a s a r e a l e # e c t o n o # e n d e r s . T h e d e v e l o p m e n t
o t h e institution o prison is essentially an outcome o the preventive theory
o crime.*n reality the theory o prevention cannot be considered a separate
theorybecause it uses all the di#erent approaches including deterrence to preventthe
commission o crime. This element o prevention theory is in the minds o those who
maintain that no single theory can yield perect results.
DISCUSSION AND CONCLUSION:
* support “T98O> O' %8TT88?<8!. * support that the criminal must
b e punished in such an e(emplary way that it must be detrimental or him
tocommit any crime in uture as well as or the people who are intending
tocommit any crime in uture. *slam also has the elements o deterrence
inpunishments or di#erent crimes. There are two punishments or a
criminala c c o r d i n g t o * s l a m . O n e i s w o r l d l y a n d o t h e r i s 9 e r e a t e r . @ o t h
s o r t s o punishments have the element o deterrence.
A /P a g e
There are several e(amples which are basis o my support to the theory o deterrence.
•
"ccording to the punishments set out by *slam or thet i a person isinvolved in thet
or the rst time his let hand is ordered to be cut andi h e c o m m i t s t h i s c r i m e
a g a i n h i s r i g h t h a n d i s o r d e r e d t o b e c u t . ?ow i we consider the conse-uence
o this on the society it will causeear in the mind o people who have intention o thet
in two ways. *nthe rst place they would have ear o losing their hands and secondlythey
will have embarrassment or the whole lie. @ecause the personhaving no handBhands
will be 7nown in the society as the person wholost his handBhands due to thet.?ow
according to the section ACD o PP< the punishment o thet isimprisonment
which may e(tend to three years or ne or both. *t ispertinent to note the
imprisonment may e(tend to three years
whichm e a n s i m p r i s o n m e n t c a n b e l e s s t h a n t h r e e y e a r s . T h i s s o r t
o punishment cannot deter a criminal rom abstaining crime.
•
* we consider the punishment or cold blooded murder in *slam. *t is death to
o#ender in public place. *n 4audi "rabia people are
beheadedi n p u b l i c p l a c e w h i c h i s s o u r c e o c a u s i n g e a r t o p u b l i c
b e c a u s e people can see the e(ecution o o#ender. @ut in Pa7istan o#enders
areh a n g e d i n s i d e 6 a i l w h i c h i s n o t d e t e r r i n g p e o p l e r o m c o m m i t t i n g m
urder. @oth in Pa7istan and 4audi "rabia o#ender is e(ecuted butthe due the
di#erence in style o e(ecution the result in society aredi#erent. 4ome human
right activists -uestion this e(ecution and d e c l a r e i t i n h u m a n e . T h e - u e s t i o n
to be as7ed rom them is
whata b o u t t h e h u m a n r i g h t s o p e o p l e w h o a r e m u r d e r e d a
n d t h e i r amilies.
•
4imilarly in *slam the punishment o rape is death penalty or
t h e rapist provided that the suEcient proo is available against the rapistor our
witnesses are available against him. 4uch sort o
punishmentsi s d e t r i m e n t a l o r o t h e r s . * s t r o n g l y s u p p o r t t h i s p u n i s h m e n
t r o m *slam. There should be no punishment or culprit e(cept that o deathbecause
the lady raped will have a cursed uture in the conservativesocieties li7e
Pa7istan. 4he canFt marry to a good person. 4he canFt have respect in societies li7e
Pa7istan.
/P a g e
•
;e daily hear that the terrorists are captured with
p r o h i b i t e d weapons. 4uch people must be 7illed. There is no point o
p u t t i n g them under long trials that may spread to years. There must be publice(ecution
or such culprits. This will be detrimental or the people andthis is necessary or the
society li7e Pa7istan where there is high ratioo crime and ma6ority are holding
prohibited weapons.Heeping in view the above points$ * strongly recommend the views
presentedin Theory o %eterrence or curbing crimes rom the society.
Pa7istan is instate o war$ lie and property o people is not sae$ we daily
hear reportsabout rape$ gang rapes and sodomy. ;e need strict punishments or
crimes.;e canFt a#ord to remain in the situations we are in today. The only
wayP a 7 i s t a n c a n h a v e b e t t e r a n d p e a c e u l s o c i e t y i s b y i m
p o s i n g s t r i c t punishments.
REFERENCES
Book: General Prini!le" o# Cri$inal La% &' I$ran A("an N'a)ee.(**!:++la%.,rank.or-+!a-
e"+/01+P2ni"($en*3THEORIES3PUNISHMENT.(*$l(**!:++"*24'.o$
+aa4e$'+le""on+4e*errene3*(eor'3o#3!2ni"($en*34e5ni*ion3e6e*3on3la%3o&e4iene.
(*$l(**!:++%%%.la%*o!2".o$+aa4e$ike+re#or$a*i7e3*(eor'3o#3!2ni"($en*+(**!:++-o."!
ae"(i!a4".o$+a#2.!(!8"2&i49MC;;</.P=>AUrP2iFa;I3P&??BVlI@#)onei49<;11<(**!":+
+en.%iki!e4ia.or-+%iki+Re*ri&2*i7e>,2"*ie
I /P a g e
