Administration of Justice:Theories of Punishment

2/9/2012

Manjeet Kumar Sahu(R450210069)

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‡ The theories of punishments are changing according to the social norms. 2/9/2012 Manjeet Kumar Sahu(R450210069) 2 .there can be no better test of the excellence of a Government than the efficiency of its judicial administration.‡ It implies the peace and order within a political community by means of physical force of the State. ‡ Lord Bryce rightly said that.

Retributive 3. Reformative 2/9/2012 Manjeet Kumar Sahu(R450210069) 3 .‡ Sir John Salmond. and in respect to the purposes served by them. Preventive 4. punishment can be divided as: 1. Deterrent 2. The ends of criminal justice are four in number.

certainly. ‡ Salmond: the chief aim of law of crime is to make the evil doer an example and warning to all that are like minded with him. 2/9/2012 Manjeet Kumar Sahu(R450210069) 4 . ‡ The main object of punishment is to deter other from committing crimes.Deterrent Theory ‡ J. Bentham. as the founder of this theory ‡ Bentham's theory was based on a hedonistic conception of man and that man as such would be deterred from crime if punishment were applied swiftly. and severely.

‡ The advocates of deterrent punishment hold that fear in the mind of preparation of crime and the consequences that could befall on him dissuade him from committing the crime. as the source of righteousness because people are refrained from committing wrongful act through the fear of punishment. 2/9/2012 Manjeet Kumar Sahu(R450210069) 5 . He treated punishment as dharma. also supported this theory.‡ Manu the greater law commentator of Ancient time.

Criticism ‡ Holmes: says that it was immoral in as much as it lays down no definite measure of punishment except the subjective opinion of the judge. 2/9/2012 Manjeet Kumar Sahu(R450210069) 6 . ‡ It has proved to be ineffective in restricting crimes.

Punishment is an expression of society s disapprobation for the offender s criminal act.Retributive Theory ‡ Evil should be returned for evil without any regard to consequences. 2/9/2012 Manjeet Kumar Sahu(R450210069) 7 .the theory therefore emphasizes that the pain to be inflicted on the offender by way of punishment must outweigh the pleasure derived by him from his criminal act.eye for an eye and tooth for tooth. ‡ This theory is appraised by the rule of natural justice which is expressed by the maxim. ‡ Philosophy.

2/9/2012 Manjeet Kumar Sahu(R450210069) 8 .Criticism ‡ Whether retribution can be justified on the ground of social policy. its approach to offender is vindictive (cruel ) and out of tune with the modern reformative punishments. ‡ This theory owes its origin in the crude animal instinct of individual or group to retaliate when hurt and therefore.

‡ In this view they share the same view of deterrent theory(Punishment Justified on both cases) ‡ Salmond also said.Supportive View ‡ It is the appropriate moral response to criminal acts because the perpetrators of crime deserve to be punished. 2/9/2012 Manjeet Kumar Sahu(R450210069) 9 .revenge is the right of the injured person.

forfeiture. ‡ Paton. death punishment. Etc. 2/9/2012 Manjeet Kumar Sahu(R450210069) 10 . suspension of licenses.this theory seeks to prevent the prisoner from committing crime by disabling him.Preventive Theory ‡ Enrich the idea of preventive repetition of crime by disabling the offender through measures such as imprisonment.

. He hopes that the threat will render any such action unnecessary. his aim is not to punish for trespass but to prevent it. 2/9/2012 Manjeet Kumar Sahu(R450210069) 11 .‡ For example: when a person stick a notice trespasser will be prosecuted he does not want any actual trespasser and to have the trouble and expense of setting the law in motion against him.

2/9/2012 Manjeet Kumar Sahu(R450210069) 12 . he does not cease to be a human being. Therefore an effort should be made to reform him during the period of his incarceration. ‡ It is based on the humanistic principle that even if an offender commits a crime.Reformative Theory ‡ Theory emphasizes on reformation of offenders through the method of individualization.

2/9/2012 Manjeet Kumar Sahu(R450210069) 13 . ‡ It should not be regarded as setting an old account but rather opening a new account. ‡ The focal point of reformists view is that an effort should be made to restore the offender to society as a good and law abiding citizen. educates and trained so as to adjust themselves to normal life in the community after the imprisonment.‡ It suggested that instead of prisoner being allowed to idle in jail. they should be properly taught.

retributive. preventive and reformative theories of punishment has there own merits and demerits but unfortunately none of them take notice of compensation which should be paid to the victim of the crime. ‡ The modern view is that punishment must not be merely to prevent further occurrence of crime but it must seek to compensate the victim of crime.Conclusion ‡ The deterrent. 2/9/2012 Manjeet Kumar Sahu(R450210069) 14 .

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