The simplest version of the deterrence theory of punishment, that we may punish o. As far as this theory is concerned the aim is to make the offender so mentally strong that he can stop himself. 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. Pdf zusammenfugen pdfdateien online kostenlos zu kombinieren. 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. These theories are known as theories of punishment and are generally of five types. A proper theory regarding a system of punishment has been subject of debate for many centuries. D reformative theory this theory is the most humane of all the theories which aims to reform the legal offenders by individual treatment. Reformatory theory and contemporary peal provisions.
Multiple approach theory perfect system of justice involves various aspects and punishment should be based on degree of wrong and situation suggest this theory. Some of the legislative provisions, which deal with reformative concept, are as follows. A criminal is the product of the social and economical. The retributive theory treated it an end in itself supporters of this view maintain that punishment must not be justified by its intended or actual results, it. Duff considers the meaning of rehabilitation and punishment and whether they are opposed responses to crime. Role of theories of punishment in the policy of sentencing. This theory was the basis of punishment in england in medieval times. This theory lives even to day in many muslim countries. The criminal justice system of our country is based on the simple principle of abhor the crime, not the criminal. Theories of punishment are a controversial and frequently debated topic. Teach and make them better human beings and preventing further crime is the sole aim of reformative theory.
Punishment is the coercion used to enforce the law of the land, which means it is one of the pillars of modern civilization. Punishment can be used as a method of reducing the incidence of criminal behavior either by deterring the potential offenders or by incapacitating and preventing them from repeating the offence of by reforming them into lawabiding citizens. Combine pdfs in the order you want with the easiest pdf merger available. This vedio gives you the full detail of theories of punishment. Here is your speech on the reformative theory of punishment. This criminal under this theory is punished with death, life imprisonment etc. In addition, we will give voice to some major objections to the utilitarian theory.
The purpose of the reformative theory is to strengthen the character of man as there exist a conflict between the characterand motive of the man who has committed the crime. Together they will bolster our justice system, improving public confidence and contributing to reduced crime. Retributive theory is based on rights, desert and justice. A theory of differential punishment vanderbilt university. The theory of retribution falls under the absolute theory of punishment. Punishmentretribution, rehabilitation, and deterrence. 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. Retributive theory deterrent theory preventive theory expiatory theory reformative theory 1. Thus, according to this theory, the objective of punishment needs to be reformation by the offender. The reformative theory was born out of the positive theory that the focal point of crime is positive thinking.
In older times, injured person takes revenge by causing injury to other. It is needless to mention that satisfactory justification and practical application of theories of punishment is one of the most important and complex problems in ethics. This theory rests upon the belief that human behavior is the product of antecedent causes that these causes can be identified, and that on these basis therapeutic measures can be employed to effect changes in the behavior of the person treated. The guilty deserve to be punished, and no moral consideration relevant to punishment outweighs the offenders criminal desert is the philosophy of retributive theory. Of the various theories of punishment the following there are the most important and typical retributive, preventive and reformative. This theory argues that too much alternation was given for crime, and little was given to the criminals. Deterrence and retributive are examples of classical and nonclassical philosophies. Can overlap with deterrent and reformative theories. The utilitarian authors will offer answers to such questions as. Theories of punishment, capital punishment, deterrent, retributive, preventive and reformative theory, sentencing pollicy. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being. It is taken as a purification process by which an evil doer would wash away his sins. Retributive theories of punishment, otherwise known as absolute theories, work on the ageold notion of an eye for an eye, and in doing so, seek to correct upsets in legal balances that have come about as a result of a committed crime. Theories of punishment with special focus on reformative.
The purpose of this book is to explore punishments from a comparative. Punishment and rehabilitation or punishment as rehabilitation r. Reformative theory of punishment the object of punishment has been considerably under the process of changes from the last centuries because of the welfare state concept. Reformative theory of punishment the object of punishment. The reform theory is the most popular theory today. This free online tool allows to combine multiple pdf or image files into a single pdf document. Reformative theory of punishment on september 2, 2014 march 14, 2019 by admin by tanu priya editors note. Our pdf merger allows you to quickly combine multiple pdf files into one single pdf document, in just a few clicks. If a vice is a crime, then how should it be punished. Therefore, an effort should be made to reform himher during the period of hisher incarceration.
Split pdf files into individual pages, delete or rotate pages, easily merge pdf files together or edit and modify pdf files. Thus fines and noncustodial sentences may address the crimes seen as least serious, with lengthy imprisonment or in some jurisdictions capital punishment reserved for. Need for deterrent and retributive punishment in india. The reformatory theory of punishment in action, legal. It holds that the proper aim of criminal procedure is to reform the criminal so that he may become adjusted to the social order. Deterrence theory as a theory of punishment law times. 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. Theories of punishment can be divided into two general philosophies. Not only to prevent the wrongdoer from doing a wrong, but also to make him an example for others, calculated to curb criminal tendency in others. The utilitarian theory of punishment seeks to punish offenders to discourage, or deter. Soda pdf merge tool allows you to combine two or more documents into a single pdf file for free. As per this theory, the idea is to keep the offender away from the society. India follows a reformative system of punishment which aims at reforming a criminal with the concept of individualization.
According to this theory, the object of punishment should be the reform of the criminal, through the method of individualization. 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 concept of penal reform had its birth from the reformative theory of punishment. In india also, manu, the great hindu lawgiver, has said that penalty keeps the people under control, penalty protects them, penalty remains awake when people are asleep, so the wise have regarded punishment as source of righteousness. According to the retributive theory the purpose of punishment is to seek revenge.
With the passage of time various theories have been proposed with special reference to the contemporary legal systems. The preventive theory establishes punishment as curative. Indian system of justice follows reformative theory. The reformative theory of punishment according to this theory to commit crime is decease and to cure it reformation serves as a medicine. Criminology says every crime as a diseased phenomenon,a mild form of insanity. A sentence may, however, combine utilitarian ideals with retribution. In this the offender is cured morally as well as changing few physical habits. Retribution means that punishment is justified because it is xs just desert.
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 theory of retribution requires that there be a proportional relationship between the. Reformative schools act, 1897 juvenile justice act, 2000 amended probation offender act, 1958 parole rules reformatory school act, 1897 one of the earliest outcome of the reformatory theory of punishment is reformatory school act, 1897. These three theories of punishment in criminal law have. Let us give human touch to criminal law and reduce the brutalities of punishment is todays philosophy of law. Reformative and rehabilitative theories of punishment. By charles kungwengwe shadreck,nicknamed shady, a young man based in chiredzi s tshovani township in zimbabwe, has been incarcerated for having beaten a lady and in the process subjected her to grievous bodily harm. The paper also puts some light on reformative theory in nepalese penal system. Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective.
It is based on the humanistic principle that even an offender commits a crime. In fact, deterrence is the main focus of utilitarian punishment, but punishment should also focus on rehabilitation, or correcting criminal behavior so. 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. Doc reformative theory of punishment is more effective. In this article an attempt is made to discuss the policy of sentencing visavis various theories of punishment and their efficacy and effectiveness in the light of modern penology.
Reformative theory law and legal definition uslegal, inc. Pdf merge combinejoin pdf files online for free soda pdf. A reformative theory of punishment is followed in india. Short work on reformation with timetotime society to reduce criminals. The progress of civilization has resulted in the change in the theory, method and motive of punishment.
This theory presumes that the adamant and habitual offender can also be changed into a lawabiding citizen by reformation. If we get this reform right, stronger, more sensible community sentences will deliver better punishment and better rehabilitation. The reformative theory of punishment emphasises on reformation of offenders through the method of individualisation. One can categorise crimes depending on the related punishment, with sentencing tariffs prescribed in line with the perceived seriousness of the offence. Punishment theories of punishment utilitarian, society, theory. C 1860 introduction, theories of punishment and types of. At times, severe punishments like death by stoning or whipping, mutilation of limbs etc are awarded even to minor offences.
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