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Theories of Punishment
Punishment is the application of an unfavorable or unpleasant result to a group or a person, administered by a power. It is not sufficient to merely condemn crime; it must be brought to the logical conclusion that, as punishment for offenders, crime does not pay. The study of criminal punishment is known as penology. The punishment may be administered formally under a system of law or informally in other types of social contexts, such as within a family. The authority may be either a group or a single person. Punishment may be used for retaliation, deterrence, rehabilitation, or incapacitating effects.
What is the meaning of Punishment?
In order to prevent recurring offences and to transform lawbreakers into law-abiding citizens, punishments are meted out to wrongdoers. An offence's repercussions are a punishment. In general, criminal law offers punishment. Different jurists have different opinions regarding the punishment.
Theories of Punishment
A crime is an action that the law deems to be detrimental to society as a whole. Criminal justice exists to hold the perpetrator accountable. However, this raises the issue of what punishment is meant to accomplish. A variety of ideas have been presented in this area since the ancient times, including −
Deter refers to the action of refraining from doing something. This theory's primary objective is to discourage criminals from committing the crime or committing it again in the future. According to this viewpoint, the criminal is punished severely in order to deter future criminal behavior and to serve as an example to other members of the community of the potential consequences of criminal behavior. Even though it has certain flaws, this hypothesis has proven useful. Deterrence's main objective is to stop offenders and others from performing the same crime.
The idea that punishment should be a deterrent is severely challenged in modern culture. It has been contested on the grounds that it has failed to discourage crimes and that excessively harsh punishment tends to undermine its own objective by arousing compassion from the public for those who endure cruel and inhumane treatment. Criminals who appear tough don't care about punishment. Punishment loses its fear when the criminal suffers it.
The retributive mindset is based on the aphorism "An eye for an eye, a tooth for a tooth." To "retribute" is to provide something in exchange. By putting the perpetrator through similar suffering as the victim, this theory seeks to make him comprehend the intensity of the pain. This mindset seeks to extract vengeance rather than foster social welfare and transformation. This idea has not received the support of criminologists, sociologists, or criminologists since they believe it to be barbaric and violent. According to Kant, seeking revenge is both a prerequisite for punishment and a sufficient justification. Punishment is an end in itself. Retribution is often known as the "natural" justification.
This idea is fundamentally challenged by the argument that punishment does not, by itself, atone for the harm the offender has committed. It simply makes matters worse. Punishment is wrong in and of itself and is only justifiable if it results in better outcomes. Wild justice is retaliation. Punishment has retribution as a secondary objective.
This approach has made use of the restriction that if the unlawful conduct is committed again, the criminal will be sentenced to death, exile, or imprisonment. The theory's significance comes from the notion that protecting society from criminals is crucial. As a result, current criminologists have seen the preventative theory from a different perspective in order to promote solidarity and protection. They first understood how crucial it was to remove social and economic power from society. Therefore, it is important to pay attention to those who act in an antisocial manner.
The main critique of this strategy is that, when jail is the punishment, preventative punishment unintentionally hardens young offenders or first-time offenders by placing them among the criminals who have already committed several offenses.
The reformative theory that asserts that positive thought is the root of crime gave birth to the reformatory theory. According to this idea, the victim's reformation must consequently be the goal of punishment the reformatory theory. According to this idea, the victim's reformation must consequently be the goal of punishment. According to Gandhi, "Hate the sin, not the person." This thesis asserts that criminals are regular people just like everyone else and that no one is born a criminal. Therefore, this is a rehabilitative procedure rather than a penalty. Therefore, the goal of this technique is to make a criminal as moral as possible. It also transforms a person into a responsible citizen and a morally decent guy.
This claim is primarily contested by the claim that if criminals were sent to jail in order to be converted into law-abiding citizens, those facilities would no longer qualify as "prisons." This idea has been effectively applied in the context of young offenders.
This idea holds that the offender must be forgiven if he repents, confesses, and admits his mistake. This idea was widespread in ancient India. According to Manu-Smriti, "he becomes pure and goes to heaven like a good, virtuous man" when a criminal is judged guilty and given a jail term by the monarch. It signifies that he has atoned for his transgression. This hypothesis is no longer commonly recognized in the modern world.
Theory of Compensation/Compensatory Theory
The core of retribution, a catalyst for transformation, and a key element of deterrence is compensation. In a crime, victims should get compensation primarily for the following two reasons
An offender who has harmed a person (or group of people) or property must receive compensation for the harm and loss they have caused.
The state, having failed to safeguard its citizens, is required to seek recompense for the harm done.
This hypothesis is mostly criticized for oversimplifying the causes of crime.
Every idea of punishment has advantages and disadvantages. As a result, criminal justice would be insecure if it relied solely on one type of punishment. The goal of punishment, which depends on the philosophy of punishment, is not mentioned in Section 53 of the Indian Penal Code of 1860, which provides a number of punishments, including death, life imprisonment, harsh or simple imprisonment, property confiscation, and fines.
The traditional deterrence principle, which includes the death penalty, is upheld and sustained throughout the Indian legal system. As a consequence, we have thoroughly explored the different conceptions of punishment. However, it should be understood that punishment is something that needs to be used with extreme caution. Inflicting a penalty on someone has a significant negative impact on his mental, physical, and social standing, as the adage says, "Let go of a hundred guilty, rather than punishing an innocent." He and his existence are suffering greatly as a result. Therefore, while carrying out criminal justice, the basic concepts of justice must be carried out with the utmost care, or else.
Frequently Asked Questions
Q1. What is the best theory of punishment?
Ans. The deterrent theory of punishment is the best theory of punishment, as the man is punished not only because he did a wrongdoing, but also to ensure that the crime may not be perpetrated again.
Q2. What is the most common form of punishment?
Ans. The most common type of criminal punishment is probation, which entails serving the offender's sentence in the community rather than an institution.
Q3. What are two examples of cruel and unusual punishment?
Ans. A punishment is considered cruel and unusual if it is excessively painful, tortuous, degrading, or humiliating (such as disemboweling, beheading, public dissection, or burning alive), or if it is wildly out of proportion to the offence committed.
Q4. What are unjust punishments?
Ans. Unjust Punishment implies that sanctions may be viewed as unfair for one of two reasons: either the outcome or the decision-making process that preceded it. First, individuals may feel that a penalty is unfair because it is either too severe or too light.
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