Theories of Punishment OR Schools of Punishment
- According to Jeremy Bentham the main ends of Punishment are Prevention and Compensation.
- Following are the different types of Theory or Schools of Punishment
- Deterrent Theory
- Preventive Theory
- Reformative Theory
- Compensatory Theory
- Retributive Theory
- Expiation Theory
- Denunciatory Theory
- Deterrent Theory of Punishment
- Deter means abstain from the action or discourage.
- According to this Theory, offenses are the result of a conflict of interest between that the wrongdoer and the society.
- This theory aims to deter the offenders from committing a crime by awarding them severe punishment.
- The object of this theory is also to set an example for other prospective criminals.
- This type of punishment acts as a warning bell to others.
- Preventive Theory of Punishment
- The object of this theory is to prevent the repetition of the crime by awarding punishment.
- This theory is also called as "Theory of Disablement".
- The Preventive Theory aims at physical restraint.
- Preventive Punishment can be inflicted in several ways. For instance – death imprisonment, etc.
- This Theory disables the criminal from committing the crime.
- Reformative Theory of Punishment
- This Theory aims to educate or reform the offenders.
- This Theory treats the Crime as a Disease and the Criminal as a Patient and the Punishment is like Medicine.
- Philosophers believe in this theory since more stress is given to the criminal rather than the crime he has committed.
- The Reformative Theory of Punishment is particularly enforced in the case of young offenders.
- Compensatory Theory of Punishment
- This Theory aims to compensate the victim of the crime, his / her family, or dependents.
- According to This theory, a greed is the mainspring of criminality and because of this wrongs are committed. It acts on the motive of the wrongdoer.
- Compensation should be concomitant with the punishment.
- Compensation is the main factor in dealing with such types of crime.
- Retributive Theory of Punishment
- Retribution means the wrongdoer pays for his wrongdoing.
- This theory of punishment is based on the fulfillment of moral justice.
- This is also known as the Theory of Revenge or the Theory of Private Vengeance.
- Expiation Theory of Punishment
- Hogal and Kohler have put this Theory of Punishment.
- In this Theory, the offender is not physically punished. The offender is economically punished.
- Expiation means awarding compensation to the victim or his family or dependents, from the wrongdoer.
- Generally, this Theory is adopted in offenses of light nature.
- Denunciatory Theory of Punishment
- The meaning of the term denunciation means a public condemnation of someone or something.
- According to this Theory, punishment should be an expression of societal condemnation.
- This Theory is a combination of utilitarianism and retribution.
- It is utilitarian since it serves as a deterrent.
- Many philosophers believe in this Theory.
No comments:
Post a Comment