Punishment, the infliction of some kind of pain or loss upon a person for a misdeed i. Weary of living in a continual state of war, and of enjoying a liberty which became of. If any further punishment is inflicted for utilitarian reasons, it will be simply, as mr. The strengths and limits of the theory of retributive. Punishment being an ethical issue rendered philosophers into debate which gave birth to the utilitarian and retributive theories, having common conception but different. The retributive theory seeks to punish offenders because they deserve to be punished.
Advanced criminology, punishment and responsibility and directs ph. It has been accepted for inclusion in faculty scholarship by an authorized administrator of seattle university school of law digital commons. Scribd is the worlds largest social reading and publishing site. Most theories appeal to punishments effects on the future or facts about the past. He has published 5 books as an author, coauthor or editor, including the prison reform movement, twayne, 1990. The aim of inflicting punishment is to curtail the crime. A free powerpoint ppt presentation displayed as a flash slide show on id. The grounds for doing so were separate from the grounds of the right of necessity. Theories differ in terms of what those results are. Punishment may take forms ranging from capital punishment, flogging, forced labour, and mutilation of the body to imprisonment and fines. Theories of punishment and the death penalty george cronks. Pdf this article argues that the justification of punishment is best conceived as a problem of political theory rather than moral philosophy.
Consider what the alternative purposes of punishment are in the eyes of other. Theories of punishment can be divided into two general philosophies. The utilitarian theory this theory stresses that punishment is entirely futurelooking for that one should be punished inorderto not because of hosper, 1967. An essay on crime and punishment by cesare becarria. He complains that in the deter rent theory we treat a man like a dog to whom his master shows a whip, and not as a free being. This theory would consider punishment to be curative or to perform the function of medicine. Feb 09, 2012 theories of punishment free download as powerpoint presentation. Critical analysis of theories of punishment mere denunciation of crime is not enough. Punishment means, it is the redress that the commonwealth takes against an offending member1punishment is some sort of social. These theories create different shades and effects in the criminal jurisprudence. However, for more than 70 years psychologists have been investigating the effectiveness of punishment and its consequences. Thus, utilitarians take special favor in deterrence, as not only does it lower the overall crime rate, but it often does so by imposing minimal punishment as punishment is an evil in itself.
If forty stripes save one is the proper punishment for any offence, the fortieth. Nov 27, 2018 taking punishment to be the infliction of suffering for an offense, we may say that, traditionally, theories about the justification of punishment have been divided into retributivist and nonretributivist, with further subcategories in each category. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Feb 28, 2017 page2 theories of punishment or, kinds of punishment under criminal laws the ancient punishments were brought to england. Can overlap with deterrent and reformative theories. Theories of punishment legal definition of theories of punishment. Jan 10, 20 punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for. The first critical guide to examine all leading contemporary theories of punishment, this book explores among others the communicative theory of punishment, restorative. The ultimate aim of reformists is to try to bring about a change in the personality and character of the offender, so as to make him a useful member. In earlier times, crime was attributed to the influence of evil spirit or free will of the offender. If the potentials of prisonerperson are unfolded, a robber may become a valmiki, and a sinner may become a saint. Perspectives on the effects of corporal punishment. Theories of punishment there are four generally accepted theories of punishment namely.
Some prominent theories of punishment include retribution, deterrence, rehabilitation, and the moral education theory. Firstly, a kid who falls down and kicks the floor inadvertently. Punishment is awarded to reduce crimes and used as means to an end, is the claim of the utilitarian. Suffice it to say that the doctrine concerning deterrent punishment has been closely associated with the primitive theories of crime and criminal responsibility. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter, future wrongdoing. A variety of different theories or objectives of punishment have been proposed, some differing only in minor degrees, some fundamentally in conflict with one another. Crime and punishment translators preface a few words about dostoevsky himself may help the english reader to understand his work. Grotius argued that it was sometimes permissible to excuse from punishment those who commit crimes out of extreme poverty. Group 8 avni gupta ajinkya kale ruhi kulkarni man inder kumar nitish saini rajesh a m rahul p r sakthi ganesan s. 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. According to forwardlooking theories of punishment, punishments are justified to the extent that they bring about future good results.
Mitchell, crimes of misery and theories of punishment, 15 new crim. This theory maintains that you can cure by killing. Theories and kinds of punishment the immediate consequence that follows a criminal act is known as punishment. Most of these crimes were petty violations, such as pickpocketing or swindling. Theories of punishment article about theories of punishment. It is the intention of this essay to explicate these theories without, it is hoped, paying too much attention to extra criminological or penological concerns. Laws are the conditions under which men, naturally independent, united themselves in society. 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.
Zhou dalton state college david brown dalton state college december, 2017 this work is licensed under the creative commons attributionnoncommercialsharealike 4. Ppt theories of punishment powerpoint presentation free. 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. Reflections on the grammar of criminal law the scapegoating objection is aimed particularly at consequentialist theories of punishment. Theories of punishment reflections on some theories of punishment joel meyer the fear of acts which disrupt social equilibrium has inspired the imposition of punishment by those who have the power to e. Theories of punishment synonyms, theories of punishment pronunciation, theories of punishment translation, english dictionary definition of theories of punishment. In saying this, i take it, she means tax evaders and other free riding criminals are doing something more, and worse, than simply seeking an advantage for themselves. Theories of punishment free download as powerpoint presentation. Punishmentretribution, rehabilitation, and deterrence. Philosophical analysis of the theories of punishment in. Page2 theories of punishment or, kinds of punishment under criminal laws the ancient punishments were brought to england.
Taking punishment to be the infliction of suffering for an offense, we may say that, traditionally, theories about the justification of punishment have been divided into retributivist and nonretributivist, with further subcategories in each category. Generally, it is believed to be a firm of taking revenge and would not serve only penal purpose. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. Until the 19th century, the death penalty or capital punishment was imposed in england for more than 200 different crimes. The humanitarian theory removes from punishment the concept of desert. This theory of punishment refers to two different types of deterrence. The principal alternative to retributive theories of punishment, of course, are those theories that justify punishment on consequentialist grounds. Philosophical analysis of the theories of punishment in the. Both thorndike 1935 and skinner 1953 claimed that punishment was ineffective for producing significant and lasting behavioral change.
According to beccaria, every human being has three basic things. He was accused of taking part in conversations against the censorship, of reading a letter from byelinsky to gogol, and of knowing of the intention to set up a printing press. Theories of punishment are basically moral theories that are used to justify punishment. This course on the fairness of justice will take you deeper into the world of law. Jzwjrt 052184407xpre cb766miethev1 september 15, 2004 20. Sep 02, 2014 this theory would consider punishment to be curative or to perform the function of medicine. S, siroho, criminology and criminal administration, 4 ed. The following theories of punishment explain how and why justice is doled out to those that deserve it. Theories of punishment and punishment under ipc moderator.
He added that in this theory, punishment is applied in order to do some things or serve some purposes, not because of the wrong believed to be committed. This article is brought to you for free and open access by seattle university school of law digital commons. Theories of punishment when it comes to criminal sanctions, what people believe to be appropriate is largely determined by the theory of punishment to which they subscribe. An essay on crime and punishment the federalist papers. Thus, punishment is defined as suffering, loss, pain, or any other penalty that is inflicted on a person for the crime by the concerned authority. A prison, also known as a correctional facility, jail, gaol dated, british and australian english, penitentiary american english, detention center or centre if outside the us, correctional center, american english or remand center, is a facility in which inmates or prisoners are forcibly confined and denied a variety of freedoms under the authority of the state. There are various theories trying to avail the purpose of punishment. Teachers classroomstrategies failure is the basic cause of school violence. Retribution imposing a punishment on someone who deserves it because of criminal behavior.
With change in the social structure the society has witnessed various punishment theories and the radical changes that they have undergone from the traditional to the modern level and the crucial problems relating to them. Punishment has developed from the infliction of pain in revenge. That is, people tend to agree with the theory of punishment that is most likely to generate the outcome they believe is the correct one. The humanitarian theory of punishment my contention is that this doctrine, merciful though it appears, really means that each one of us, from the moment he breaks the law, is deprived of the rights of a human being. His parents were very hard working and deeply religious people, but so poor that they lived with their five children in only two rooms. He directs the operations of the largest criminal justice library in the world. Crime and punishment planet ebook 100% free literature.
1156 1489 661 1351 1338 639 1095 1179 1096 263 1327 517 694 936 218 507 236 926 340 506 1244 1066 1177 785 881 121 497 616 566 1186 661 639 839 43 552