Abstract

Abstract

In this article it is proposed to analyze various theories of punishment. Austin considered

sanction as an essential ingredient of law. It is only through sanction that obedience to law can
be secured. Sanction is nothing but inflicting pain or injury upon the wrong doer. This in a way
can be called punishment. The immediate consequence of a criminal act is punishment. The
term punishment is defined as, pain, suffering, loss, confinement or other penalty inflicted on a
person for an offence by the authority to which the offender is subjected to. Punishment is a
social custom and institutions are established to award punishment after following criminal
justice process, which insists that the offender must be guilty and the institution must have the
authority to punish. In this article an attempt is made to discuss the policy of sentencing vis-a-vis
various theories of punishment and their efficacy and effectiveness in the light of modern
penology.

Keywords: Theories of Punishment, Capital Punishment, Deterrent, Retributive, Preventive and

Reformative Theory, Sentencing policy.

Abstract

Demands for criminal justice delivery through instrumentality of punishments have remained a
contentious issue. The philosophical grounds in which punishment paradigms were anchored
have continued to generate controversial debates not only within the criminal justice circle but
also within the wider public oversight. This paper examined the contending theoretical
backgrounds through which criminal justice delivery had been operating over the years. It x-
rayed the contextual application of some major punishment paradigms and equally highlighted
on their drawbacks. The methodology used was based on secondary source from literatures.
The theories examined ranged from the utilitarian theory of punishment, the deterrence theory,
the retributive theory, the pure consequential penal theory, side-constrained consequentialism
theory, defiance the Kantian prohibition and rehabilitation theories of punishments which were
indications of punishment of crimes had taken many pathways in an effort to safeguard the
society. To a reasonable extent, the above theories have contributed to the understanding of
administration of criminal justice system worldwide. However, the criticisms that have trailed the
existing punishment paradigm indicated that much is still needed in the search for balanced
criminal justice delivery in the area of punishment mechanisms. This necessitated this paper to
argue for a wake-up call to scholars to postulate a theoretical framework that will align with
contemporary criminal justice delivery demands and for policy makers for a paradigm shift by
legislation to meet the present demands and challenges.

Keywords: Crimes, Offenders, Punishment Mechanism, Justice, Deterrence.