Theories Of Punishment And Their Criticism

Deterrent Theory, Retributive Theory, Preventive Theory, Reformative Theory, these are four main theories of punishment. In this article we will discuss about them in detail. So, lets dive in.

Before understanding theories of punishment let’s understand about what does punishment means, Punishment is defined as suffering, loss, pain, or any other penalty that is inflicted on a person for the crime by the state.

Theories of punishment explore the justification and purpose behind penalizing individuals for criminal behavior. They aim to balance justice, deterrence, rehabilitation, and societal protection. There are four main theories of punishment, which are as follows:

1. Deterrent Theory
2. Retributive Theory
3. Preventive Theory
4. Reformative Theory

1. Deterrent Theory

The word “deter” means to prevent. Here deterrent theory of punishment refers to refraining from doing a particular act. The founder of this theory is Jeremy Bentham. This theory is based on the principle of hedonism which says that a man would be deterred from committing a crime if the punishment applied was swift, certain, and severe.

Even in Manu Smriti, the Deterrent Theory is mentioned. Deterrent theory is also supported by Manu, the great law commentator of ancient India. He treated punishment as a source of righteousness because people refrained from committing wrongful acts through the punishment.

Purpose of deterrence theory To reduce the likelihood of crime, To discourage potential offenders, and To teach law violators a lesson. 

Criticism

There is a lot of criticism of the deterrent theory of punishment in modern times. It has been criticized on the grounds that it has proved ineffective in checking crimes and also that excessive harshness of punishment tends to defeat its own purpose by arousing the sympathy of the public towards those who are given cruel and inhuman punishment.

2. Retributive Theory

The word “Retribute” means to give in return the same thing that has been received. Retributive Theory of punishment is based on the lex talionis, which means “an eye for an eye and a tooth for a tooth,” is drawn from the Code of Hammurabi and is the most traditional example of retributivism. The majority of retributivists think that the guilty should endure pain.

The application of pains of punishment to an offender who is morally responsible is what Herbert Hart termed as retributivism. According to the retributivist philosophy of punishment, the act of being punished serves as “payback” for the crime(s) that have been done. Retributive justice, for the most part, aims to punish a person for a crime in a way that makes up for the crime.

Criticism

This theory is criticized on the ground that It is challenging to determine the balance between pain and retribution in this form of punishment, specifically in deciding what should be inflicted and to what extent.

3. Preventive Theory

This theory is also called the disablement theory. Unlike other theories, this theory aims to prevent crime rather than take revenge. The preventive theory is founded on the idea of preventing repetition of crime by disabling the offender through some measures such as imprisonment, death punishment etc.,

Criticism

• The theory primarily aims to restrain offenders but does not emphasize reforming them, which may lead to repeated criminal behavior after release.
• Fails to fulfill the aim of juvenile offenders and of those offenders who have committed the offense for the first time.

3. Reformative Theory

The name of this theory itself implies what its nature has to say. This theory helps to reform criminals, thereby transforming them into law-abiding citizens. The reformative theory of punishment emphasises on reformation of offenders through individualisation.

Its objective is to reintegrate criminals into society as law-abiding citizens rather than merely punishing them. This approach focuses on correction rather than retribution, reducing the chances of repeat offenses.

Criticism

• Critics argue that this theory prioritizes the offender’s rehabilitation over justice for the victim, making punishment seem too mild.
• If this theory is applied to criminals, the prison will no longer remain as a prison rather than become a dwelling house.

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