Punishment

• Sir Walter Moberly says:

1. What is inflicted is an ill, that is something unpleasant.
2. Sequal to some act which is disapproved by authority.
3. There is some correspondence between the
punishment and the act which has evoked it.
4. Inflicted by someone’s voluntary act.
5. Inflicted to criminal or upon someone who is supposed
to be answerable for him and for his wrong doings.
 Ideas of Punishment
• Sutherland says, the concept of punishment
contains two essential ideas.
1. Punishment is imposed by the group in its
corporate capacity upon a person who is the
member of the same group.
2. It presupposes some pain or suffering
justified by some value of the society.
 Purposes of Punishment
• John Hagan says, Seven purposes:

1. Restraint or incapacitation- to stop behavior in question.

2. Individual or specific deterrence- person will not do it again in
future.
3. General Deterrence- Others will not do the same.
4. Reform or rehabilitation- treatment to correct the wrong in the
person.
5. Moral affirmation- Moral boundaries between Good and Bad.
6. Retribution- Pain and Pleasure theory.
7. Restitution/ compensation- establishing the balance.
 Dichotomy
• Retribution and Rehabilitation
 Retributive Theory
• An Eye for an eye, a tooth for a tooth.
• Code of Hammurabi.
• Criticism
1. Brutal
2. Unjustified
• Logic for approving Death penalty.

• Why this theory?

1. Crime is the violation of the divine order.
2. To justify the self restraint of the people who do not commit crime.
 Deterrent Theory
• Meaning:
• Doctrine of Hedonism: Behavior is directed by
the calculation of possible pain and pleasure.
• Why deterrent theory?
• Limitation- few people do not bother about
punishment.
 Preventive theory
• Prevention.
• How prevented?
• Why? Because prevention is better than cure.