Theories and Principles

of Punishment
• What is Punishment

• What are the Theories of Punishment

• What are the Principles of Punishment

 Scope of Presentation

• Introduction

• Principles of Punishment

• Historical Background of Punishment

• Theories of Punishment
 Punishment

an authorized imposition of deprivations —

of freedom or privacy or other goods to
which the person otherwise has a right, or
the imposition of special burdens —
because the person has been found guilty of
some criminal violation
"punishment" is the abstract substantiation of the verb to
punish

Old French puniss-, an extended form of the stem

of punir "to punish,"

Latin punire "inflict a penalty on, cause pain for some

offense,"

earlier poenire, from poena "penalty, punishment."
 Justification of Punishment

• prevention of future crimes =

REDUCTIVIST
• Those who look to the past to punish
crimes already committed =
RETRIBUTIVIST
 REDUCTIVIST principles

Justifies punishment on grounds of its alleged

future consequences
Supported by form of moral reasoning known
as UTILITARIANISM
By pointing to a future or greater good,
reductivist principles focus on the instrumental
“ends” of punishment
So… the avoidance of further crime can be
achieved through:

(DETERRENCE)
(REFORM+REHABILITATION)
(INCAPACITATION)
 UTILITARIANISM

For punishment to reduce future crimes, the

pains and unhappiness caused to the offender
must be ‘outweighed by the avoidance of
unpleasantness to other people in the future –
thus making punishment morally right from a
utilitarian point of view.’ (Cavadino and
Dignan)
 RETRIBUTIVIST principles

Wrongdoers should be punished because they

deserve it, irrespective of any future beneficial
consequences

“an eye for an eye” 1750BC in Babylon

Based on concept of lex talionis = law of

retaliation principle developed by philosopher
Immanuel KANT
The concept of punishment

-is to have an effort to reform and

rehabilitate offenders in favor of

• Retribution
• Incarceration
• Deterrence
• In terms of socialization, punishment is
seen in the context of broken laws and 
taboos. 
• Sociologists such as Emile Durkheim have
suggested that without punishment,
society would devolve into a state of
lawlessness, anomie. 
• The very function of the penal system is to
inspire law-abiding citizens, not
lawlessness. In this way, punishment
reinforces the standards of acceptable
behavior for socialized people.
 Historical Background of Punishment

Code of Ur-Nammu
The Code of Ur-Nammu is the oldest
surviving law code. This text was written on
clay tablets in the Sumerian language and is
reckoned to have been produced towards
the end of the 3rd millennium BC
 Historical Background of Punishment

Code of Hammurabi
The Code of Hammurabi was one of the
earliest and most complete written legal
codes and was proclaimed by the
Babylonian king Hammurabi, who reigned
from 1792 to 1750 B.C.
 Historical Background of Punishment

Mosaic Code
The name is derived from Moses who
received the Ten Commandments; this and
other Jewish law as set out in the
aforementioned first five chapters ("books")
of the Bible.
Historical Background of Punishment

CODE OF DRACO
WERE KNOWN FOR THEIR CRUELTY
AND THEIR BIAS TOWARDS THE RICH
LANDOWNERS AS OPPOSED TO THOSE
WHO FOUND THEMSELVES OWING
MONEY
 Historical Background of Punishment

The Laws of the Twelve Tables

Punishments were also written down for
many of the laws, should they be broken.
They are: being fined, flogging, retaliation in
kind (eye for an eye), banishment, civil
disgrace, slavery, being given fetters (leg
chains), and death.
 Theory of Punishment

• Preventive
• Reformative
• Retributive
• Deterrent
 Deterrent Theory

• This Theory says

that the
punishment
should try to stop
other people from
doing the crime

• Deter- put off or

abstain doing an
act
 DETERRENCE

Crime can be discouraged through the

public’s fear of punishment they may
receive if they break the law

• Individual deterrence
• General deterrence
 Preventive Theory

• This Theory says

that the
punishment keep
the offender away
from society

• An idea of
preventing
repetition of crime
 Reformative Theory

• This Theory says that

the punishment
should try to reform
the criminal
 Retributive Theory

• This Theory says that the

punishment should reflect the
crime.
• Punishment offers retributive
justice - victims of crime want
to feel that the perpetrator has
not got away with it.
• “An eye for an eye”
Which Theory would you associate with
the following punishments

• Preventive
• Reformative
• Retributive
• Deterrent
• Preventive
• Reformative
• Retributive
• Deterrent
• Preventive
• Reformative
• Retributive
• Deterrent
• Preventive
• Reformative
• Retributive
• Deterrent
• Preventive
• Reformative
• Retributive
• Deterrent
• Preventive
• Reformative
• Retributive
• Deterrent
• Preventive
• Reformative
• Retributive
• Deterrent
• Preventive
• Reformative
• Retributive
• Deterrent
• Preventive
• Reformative
• Retributive
• Deterrent
 END

Thank You