Perspectives on the effects of corporal punishment. Reformative and rehabilitative theories of punishment. Doc reformative theory of punishment is more effective. There are various theories of punishment which are retributive. Short work on reformation with timetotime society to reduce criminals. Theories of punishment can be divided into two general philosophies. 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.
Reformative theory considers punishment to be curative more than to be deterrent. Theories of punishment legal definition of theories of. Hegel and the unified theory of punishment request pdf. The last theory of punishment being the most humane of all looks into this aspect. Thus, according to this theory, the objective of punishment needs to be reformation by the offender. Holden university of texas at austin parental use of corporal punishment has been a contentious childrearing topic for thousands of years. So, this is not a punishment virtually but rather a rehabilitative process. Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective.
The purpose of criminal punishment sage publications. Together they will bolster our justice system, improving public confidence and contributing to reduced crime. Scribd is the worlds largest social reading and publishing site. The classical theory the classical school came to be by responding to the state of criminal injustice in europe. A crime is committed as a result of the conflict between the character and the motive of the criminal. In addition, we will give voice to some major objections to the utilitarian theory.
It is a mistake to consider the object of punishment as being deterrent or reformative or preventive and nothing else. Punishment and rehabilitation or punishment as rehabilitation r. Read capital punishment and its contemporary position deterrent theory the purpose of the punishment is to better the criminal from committing crime in future and to set an example that others also who will commit crime will be punished like wise. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter, future wrongdoing. Theories of punishment with special focus on reformative theory. 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 and mandatory minimum sentences. Reformative theory of punishment pdf download this paper open pdf in browser share email add to. The practice of punishment must be justified by reference either to forwardlooking or to backwardlooking considerations. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for certain purposes.
Rai, neetij, theories of punishment with special focus on reformative theory may 5, 2010. The simplest version of the deterrence theory of punishment, that we may punish offenders to deter other potential offenders, has usually been rejected, for two reasons. Indeed, that punishment should be primarily reformative is thought to be the very essence of any approach which can lay claim to being humane, liberal, civilized. Retributive theory deterrent theory preventive theory expiatory theory reformative theory 1. Therefore, an effort should be made to reform himher during. Prison a changing concept from institution of punishment to system. Punishments are imposed on the wrong doers with the object to deter them to repeat the same wrong doing and reform them into law abiding citizens. Corrections, prison system, punishment, reformation, social re entry. In older times, injured person takes revenge by causing injury to other.
Justice scalias answer endorses the retributive function of criminal law. This theory justifies capital punishment as an extreme form of punishment because of its determent effect. Different types of punishments are used for different purposes. 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. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being. In my a deterrence theory of punishment, i argued that a deterrence system of punishment can avoid the charge that it illegitimately uses offenders if its punishments are carried out. Preventive theory was supported by utilitarian law reformers because of its humanising influence on penal law. Short essay on the preventive theory of punishment.
Thirtytwo students of grade x were grouped into a corporal punishment group cpg and a psychological treatment group ptg. According to the reformative theory, the aim of punishment is the improvement of the offender himself. Reformative theory of punishment the object of punishment. Theory says an offender commits a crime because of some personality defect, or because of psychological factors flowing from his background 1. Here is your speech on the reformative theory of punishment. Prevention of future crimes deterrence or rehabilitation of.
Reformative theory law and legal definition uslegal, inc. In a classroom the teacher might interrupt a studen. According to this theory, the aim of punishment is to educate or reform the offender himself. The reformative theory was born out of the positive theory that the focal point of crime is positive thinking. 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. In their view, it is the certainty of law and its severity which has a real effect on offenders. Offences are committed through the influence of mating or by a change of character. The concept of penal reform had its birth from the reformative theory of punishment.
It was with the knowledge of such history that cesare beccaria who is the. The modem age seems generally to favour and apply this theory. This theory of punishment refers to two different types of deterrence. The development of the institution of prison is essentially an outcome of the preventive theory of crime. If the former prevail, then the theory is likely to be consequentialist and probably some version of utilitarianism, according to which the point of the practice of punishment is to increase overall net social welfare by. 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. The progress of civilization has resulted in the change in the theory, method and motive of punishment. The purpose of punishment is explained by various theories. 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. The utilitarian authors will offer answers to such questions as. Theories of punishment kinds of punishment under criminal law synopsis1 introduction. According to this theory, crime is like a disease which cannot be cured by killing rather than curing it with the medicine with the help of process of reformation. Punishment may also involve various types of informal sanctions by family, peers, and extralegal groups like vigilante committees and paramilitary organizations to promote their own interests.
Theories of punishment with special focus on reformative theory neetij rai abstract. According to this theory, the object of punishment should be the reform of the criminal, through the method of individualization. Duff considers the meaning of rehabilitation and punishment and whether they are opposed responses to crime. As hobbes said that in the state of nature people were nasty, brutish and their life was short.
Preventive theory law and legal definition uslegal, inc. Locke viewed that the people in the state of nature agreed a social contract in order to establish a formal law. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. General deterrence theory postulates that increasing the risk of apprehension and punishment in. It also requires that the response to a crime is proportional to the offence. Modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. Theories of punishment international journal of engineering and. Theories of punishment indian penal code % law corner. Administration of justice theories of punishment 3. The retributive theory is based upon the fulfillment of moral justice. In the philosophical debate about punishment, two main types of theories of punishment dom inate. 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. Positive punishment is often though of as calling out the offender.
The reformative theory of punishment emphasises on reformation of offenders through the method of individualisation. Unit 1 intro distinguish between a crime and a delict. The following theories of punishment explain how and why justice is doled out to those that deserve it. Prison of the time should have a meaning that incorporates the reformative values into it.
First, the theory commits us to accepting that in punishing one person in. The retributive theory seeks to punish offenders because they deserve to be punished. 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. Reformative theory of punishment the object of punishment has been considerably from ba law at national law university, jodhpur. Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that he or she suffer in return. Theories of punishment with special focus on reformative. Under the utilitarian philosophy, laws should be used. If we get this reform right, stronger, more sensible community sentences will deliver better punishment and better rehabilitation. Theories of punishment free download as powerpoint presentation.
George hegel and immanuel kant criticized and rejected the utility theory, presented the contrast retributive theory of punishment, which is of nonutilitarian on the premises that punishment is not means to an end but end in itself. Reformative theory of punishment academike lawctopus. Criminal punishment and the pursuit of justice harvard law school. In short punishment in criminal law is any penalty, pain, or suffering, inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offense committed by him, or for breaching or omission of a duty as set by the law. Dadhikot9, bhaktapur bhaktapur, bhaktapur 6618 nepal. 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. 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. Punishment is inflicted on a criminal in order to reform or educate him. Retributive theory basically retribution means that the wrongdoer pays for his wrongdoing. One may commit a crime either because the temptation of the motive is stronger or. Punishment is awarded to reduce crimes and used as means to an end, is the claim of the utilitarian. This theory presumes that the adamant and habitual offender can also be changed into a lawabiding citizen by reformation.
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