3. Deterrence acts on the motives of the offenders, whether actual or potential. Retribute means to give in turn. A man has taken the life of another man. 4. The retributive, seeks to punish offenders or criminals because they deserve so. The different theories of punishment have a different perspective as of the criminal or way of punishment but it always had the same objective. 1.2.1 Criticism There are various theories of punishment which are retributive, deterrent, and reformative, preventive. The main objective of the preventive theory is to disable the criminal which can be temporary by way of imprisonment or permanent by way of capital punishment; both of which are prevalent today. The theories of punishment can be classified into two philosophies, utilitarian and retributive. Punishment is primarily deterrent when its object is to show the futility of crime, and thereby teach a lesson to others. We will discuss these theories in length below. See all articles by Neetij Rai Neetij Rai. The profounder of the preventive theory stated that the objective of punishment is to prevent offences, which can be done when the offender is checked by disablement.The disablement of the criminal may be limited or unlimited. Further, the preventive theory aims at transforming the criminal, by reformation and re-education, which is the purpose of the fear of punishment. Utilitarian’s such as Bentham, Mill and Austin of England supported the preventive theory of punishment due to its humanizing nature. The utilitarian philosophy, furthers seeks to maximize the happiness of society. v. State for NCT of Delhi & Ors.6eval(ez_write_tag([[300,250],'lawtimesjournal_in-large-leaderboard-2','ezslot_11',115,'0','0'])); Nirbhaya and her friend were assaulted by 6 people (males), one was a minor.Nirbhaya was raped, her body was mutilated. This disenchantment led toskepticism about the feasibility of the v… Joel Meyer, Reflections on Some Theories of Punishment, 595 Journal of Criminal Law and CriminologyVol 59 Issue 4 (1969), 2. Justice V.R. The profounder of the preventive theory stated that the objective of punishment is to prevent offences, which can be done when the offender is checked by disablement.The disablement of the criminal may be limited or unlimited.2eval(ez_write_tag([[728,90],'lawtimesjournal_in-medrectangle-4','ezslot_1',112,'0','0'])); Preventive philosophy states that the preventive theory of punishment serves as an effective deterrent and also as a useful preventive measure. Nirbhaya died of multiple organ failure, cardiac arrest and internal bleeding. Supporters of this theory may also take Capital Punishment to be a part of this theory. 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In this way, the object of punishment is prevention. By putting the criminal in jail, he is prevented from committing another crime. 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. It would only be only adding one evil to another. The preventive theory of punishment seeks to prevent prospective crime by disabling the criminal.eval(ez_write_tag([[580,400],'lawtimesjournal_in-medrectangle-3','ezslot_7',111,'0','0'])); “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. Preventive Theory Of Punishment There are different hypotheses attempting to benefit the reason for discipline. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss. The preventive mode of punishment can be classified in the following manner; 2. Send your current work/resume with title "Resume-Editor" at vedantayadav@lawtimesjournal.in, Law Times Journal: One-Stop Destination for Indian Legal Fraternity. Is the preventive theory still prevalent? (3) To deter the particular offender from offending again- specific deterrence. denunciatory theory of punishment. Retributive Theory. Retributive theory. Keywords: punishment, theories of punishment, reformative theory.to exist and flourish the following tools of theory are found to be good guides: 1. reformative theory of punishment Different authors have offered various theories of punishment but. Would you like to get the full Thesis from Shodh ganga along with citation details? These theories are the deterrent theory, retributive theory, preventive theory, and reformative theory. Preventive philosophy states that the preventive theory of punishment serves as an effective deterrent and also as a useful preventive measure. In total, there exist five theories of punishment, but, the preventive theory, the deterrenttheory and the retributive theory are considered as the main three theories of punishment. Using these links will ensure access to this page indefinitely. 1.2 Preventative theory Theory says that the purpose of punishment is the prevention of crime. The deterrence theory tries to put an end to the crimeby causing fear of punishment and by setting an example for the society while the preventive theory aims at preventing a crime by disabling the offender from committing any prospective crimes. Punishment as an end itself. As the name suggests that the preventive theory of punishment aims at preventing prospective crimes by disabling the criminal. Surjit Singh v. State of Punjab, 2007IIICr. Preventive philosophy states that the preventive theory of punishment serves as an effective deterrent and also as a useful preventive measure. First is retribution which is for vengeance, second is preventive which is an eye opener for the criminal, the third is deterrence which provides punishment and the fourth is reformation.One theory cannot be preferred overanother, there should be independent usage of each theory of punishment and should combined according to the merits of the case. The effectiveness of the preventive theorydepends on the factor of promptness, if there is a delay in the inquiry or investigation, the punishment or sanction would be rendered ineffective.3 !¥O„MÇΘròplnÄ;²Ó#$8ğõØLcB„|Ï(8SÕ¶²»Ú¨è«k6;*;7su[ñ�U‚ãà}Y÷ ÇG½q¶Cš°:X€Ğ¥\kìnû]mΟ‡>"‹è®3MË fMUoëîÄIé4}<6âË„ÇEr„è£úƒ5õ0øo#•bÌ�ÔI�2}0rq�E£*>O)Â;øED&¤Œj�Úë¢ã:Ïõ‚çŞŒÓm0:"¯PørãânúPdÉ/Ö7'}ƒŠĞù¾8ÌÕ3§¾vU ƒf While the utilitarian, seeks to punish offenders or criminals by discouraging them, or bydeterring them. 3. It provides safety and structure while teaching children ways to be respectful and responsible. What can be done when a product, despite being good, fails before the warranty period? The deterrence theory suggests that the punishment which is awarded is to deter (stop) people from committing crimes by creating fear; while the purpose of the retributive punishment isthat the criminal should pay for his or her crime, this theory further prevents private vengeance as the State inflicts pain or injury on the wrong-doer for the crime he has committed, the moral satisfaction obtained from the punishment is given importance. The retributive theory assumes that the punishment is given only for the sake of it. Dr Jacob George v. State of Kerala, 1994 Cr.L.J. This artic le mentioned about abolitionist and retentionist countries, also capital punishment in ancient India. The effectiveness of the preventive theorydepends on the factor of promptness, if there is a delay in the inquiry or investigation, the punishment or sanction would be rendered ineffective.3. L.J. Keywords - Theories of Punishment, Deterrence Theory, Preventive Theory, Reformative Theory, Retributive Theory, Compensatory Theory. The accused were liable under section 450 of the Indian Penal C. While on the contrary, the death penalty or capital punishment is more of a temporary form of disablement. 2768(S.C), Principles of Criminal Liability- Individual and Joint Liability, Constructive liability- A comparative study in different jurisdictions. Paton suggests that preventive theory seeks to prevent the prisoner from committing crime by disabling him. As Hobbes said … (2) To deter potential offenders by example from committing the same offence-general deterrence. •Punishment is identified by – infliction of pain, forfeiture, chastisement, castigation or penalty. The point of incurring discipline is to shorten the wrongdoing. As the name suggests that the preventive theory of punishment aims at preventing prospective crimes by disabling the criminal. It is the settled principle that a person is considered innocent until proved guilty. What are the general rules of transferability? The preventive theory of punishment seeks to prevent prospective crime by disabling the criminal. zúp,ÄCòG¥] ‹0¼¥�…m9Ô>øFiÕø`Tá›VǼt‡qÅÓ½5GòœZŸàT. The deterrence theory suggests that the punishment which is awarded is to deter (stop) people from committing crimes by creating fear; while the purpose of the retributive punishment isthat the criminal should pay for his or her crime, this theory further prevents private vengeance as the State inflicts pain or injury on the wrong-doer for the crime he has committed, the moral satisfaction obtained from the punishment is given importance. Preventive theory was supported by utilitarian law reformers because of … Editorial members at Law Times Journal is a team of writers led by Vedanta Yadav. Reformative theory of punishment pdf Download This Paper Open PDF in Browser Share Email Add to. Preventive Theory. Modern Theory of Punishment is a combination of all the three theories discussed above. It appears that to do wrongdoing is a human bad habit in view of which it would be difficult to kill this misery totally from the general public. DETERRENT THEORY OF PUNISHMENT. While the utilitarian, seeks to punish offenders or criminals by discouraging them, or bydeterring them. 5. This theory justifies capital punishment as an extreme form of punishment because of its determent effect. The law threatens certain pains if you do certain things, intending thereby to give you a new motive for not doing them. Kathmandu School of Law (KSL) Date Written: May 5, 2010. By disabling the criminal, permanently or temporarily, from committing any other crime. He should not be used as a means for the good of any other persons. Open PDF in Browser. Punishment satisfies the feeling of revenge. This argument further asserts that any statutory This theory is based on the idea of vindictive justice, or a tooth for a tooth and an eye for an eye. The corporal form of punishment can be included in the preventive theory and the deterrence theory. The main objective of the preventive theory is to disable the criminal which can be temporary by way of imprisonment or permanent by way of capital punishment; both of which are prevalent today. We are team members of Law Times Journal. This idea of punishment is similar to that of the deterrent theory. Theories of Punishment with Special Focus on Reformative Theory. 2011 / Preventive Detention in American Theory and Practice 86 detention of terrorism suspects as an extraordinary aberration from a strong American constitutional norm, under which government locks up citizens pursuant only to criminal punishment, not because of mere fear of their future acts. CRITICAL ANALYSIS OF THEORIES OF PUNISHMENT, http://jsslawcollege.in/wp-content/uploads/2013/05/CRITICAL-ANALYSIS-OF-THEORIES-OF-PUNISHMENT1.pdf (Aug. 12, 2019, 1:15 PM), 4. applauses the utilitarian opinion that punishment is either preventive or deterrent.9Both schools agree punishment is essential but disagree in respect of its purpose. 3. Call us at- 8006553304, © 2014-2021 Law Times Journal | All Rights Reserved, The Preventive Theory: A Detailed Explanation. Certain ways … The object of this theory is to make the criminal realize the suffering of the pain by subjecting him to the same kind of pain as he had inflicted on the victim. Surjit Singh v. State of Punjab, 2007IIICr. The theories of punishment can be classified into two philosophies, utilitarian and retributive. General deterrence focuses on society, and wishes to make an example out of a criminal so that everyone else will know that if they commit that particular crime, they … Jeremy Bentham was a utilitarian. So punishment is inflicted upon the criminal in order to deter or prevent similar offenses. Abstract. This article has a detailed view about the capital punishment in India and also the methods of execution in India. The preventive theory is founded on the idea of preventing repetition of crime by disabling the offender through measures such as imprisonment, forfeiture, death punishment, suspension of licences etc. 3. Deter means to abstain from doing at act. Thus, it suggests that evil should be returned for evil without taking into consideration any consequences. As mentioned in the case of. This theory of punishment refers to two different types of deterrence: general and specific. What makes this theory apodictic for any human agent is that it demands respect for the very conditions on which any articulation of agency is predicated. Purpose:social instinct of revenge It is a primitive theory. If we could consider an offence, which has been, committed as an isolated fact, the like of which would never recur, punishment would be useless. “The fear of acts which disrupt social equilibrium has inspired the imposition of punishment by those who have the power to establish and enforce the desired standards of conduct.”eval(ez_write_tag([[580,400],'lawtimesjournal_in-box-3','ezslot_6',134,'0','0'])); -Joel Meyer, Reflections on Some Theoriesof Punishment1. Theory is only applied when a real possibility exists that the offender will again commit a crime: previous convictions point to repeat offenders. The main objective of this theory is to deter (prevent) crimes. This form of punishment is now abolished. Deterrent Theory . eval(ez_write_tag([[336,280],'lawtimesjournal_in-leader-1','ezslot_14',116,'0','0'])); Corporal punishment is a barbaric form of punishment which includes punishments like modulation, flogging or whipping and torture; which may even lead to the death of the offender. As mentioned in the case of Dr Jacob George v. State of Kerala, one theory cannot be preferred overanother, there should be independent usage of each theory of punishment and should combined according to the merits of the case. What are the benefits of linking government documents with digilocker? This theory remarks that the object of punishment should be the reform of the criminal. Case: Mukesh &Anr. Retributive Theory is applied in the civil courts. In older times, injured person takes revenge by causing injury to other. 2. By way of reformation and/or re-educationeval(ez_write_tag([[300,250],'lawtimesjournal_in-box-4','ezslot_5',113,'0','0'])); This implies that the preventive theory of punishment is somewhat closely interlinked to the deterrent theory and the rehabilitation theory of punishment, in fact, we can relate specific deterrence to the preventive theory. 6 Pages Posted: 6 May 2010 Last revised: 7 Jun 2010. Prevention would accordingly seem to be the chief and only universal purpose of punishment. Thus it is also called the preventive theory of punishment or exemplary theory of punishment. ‘An eye of an eye’, ‘a hand for a hand’ and ‘a limb for limb’ was the law. Healthy and effective discipline involves establishing and maintaining fair and reasonable rules, boundaries and expectations. Preventive theory is also known as 'theory of disablement.' Effective discipline “disciples” or guides children. G.W. Abstract. Responding to the first question, a Gewirthian-inspired theory of punishment is sketched – a theory that is, broadly speaking, supportive of liberal values and respect for human rights. Retributive Theory 5. It was stated, that the purpose of punishment is four-fold. The object of this theory is to prevent or to disable the offenders from repeating the offense by giving them punishment. The principle is that if a man has caused the loss of a man’s eye, his eye one shall cause to be lost; if he has shattered a man’s limb, one shall shatter his limb; if a man has made the tooth of a man that is his equal fall out, one shall make his tooth fall out. The end goal of the preventive theory of punishment is to disable the criminal to prevent prospective crime. The accused were sentenced to death, and the juvenile was sent to a juvenile home. 48I the man has been punished. 2768(S.C)eval(ez_write_tag([[300,250],'lawtimesjournal_in-large-mobile-banner-1','ezslot_16',172,'0','0'])); 6. Reformative Theory. Punishment is a recognized function of all the states. A generation ago sociologists, criminologists, andpenologists became disenchanted with the rehabilitative effects (asmeasured by reductions in offender recidivism) of programs conducted inprisons aimed at this end (Martinson 1974). Copy DOI. The effectiveness of the preventive theorydepends on the factor of promptness, if there is a delay in the inquiry or investigation, the punishment or sanction would be rendered ineffective. Want to become a writer at Law Times Journal? Reformative theory considers punishment to be curative more than to be deterrent. Because it was considered private wrong. The retributive, seeks to punish offenders or criminals because they deserve so. This disablement of the criminal may be limited or unlimited; where, limited disablement is temporary and unlimited disablement is permanent in nature. Here, the criminal is being disabled from committing any crimes in the future for only a temporary period of time. eval(ez_write_tag([[250,250],'lawtimesjournal_in-banner-1','ezslot_4',114,'0','0'])); Imprisonment may be stated as limited disablement, when it is not life imprisonment. ´¶¢E»HÕ÷K`p0ÍL½èz*Ë°(ªdúoz8�S}{€ÇŒĞš>Ëäëk�â2º°ÉñÀ‰Ò¢¨êR§|`ö{TYªE°�up!Ğ1òr¿÷=%fmë3¡3}Hâ[ ”¡$�ùè¨È؇|ÃMLx[ª€‡í¸"á&àbàpǃq�¢®¬¯ÅI„—JÆ$âßOc¯ğIâ�¡°d°&òq0Å�)¼AhŞÆŞsŞØ�JzÛ bæÓ‡b+α¾ô+#Tó3̱�8“èqLñë"¸ºdU‹ü™Š.µ7±¶èˆİŸZºÃôÑX‹c¥zÖÁ$Ôl•1Ëd0Nâ0»w°[5¦;ø’P—ã{oцrï#¨+ë\œCèhíı'àÒRPGÛÆÊl�J±é¨yKI tCY�w„‚4éÔ`ÔÄUÓÇc%î±z�7ğèR,¨1�mmŸ8püXª3¥%ÿ�f6µ*ïá*—Ó‡c)î!t”lu‰ƒJÀÓx›Ò2cKÿt.3÷’[؇T\š•áv|îäñÈoÄ=„‘rz. •Punishment to prevent the perpetration of acts classified as criminal, to coerce or deter culprits to realize and reform, to undo injustice.