Scribd
Upload
54 views3 pages

Deterrent Theory

The document discusses the four main theories of punishment in criminal law: 1) Deterrent theory proposes punishment deters future criminal acts either specifically for an individual or generally for society. 2) Retributive theory argues punishment is justified as a criminal has done wrong and deserves to be punished. 3) Preventive theory views punishment as a means to restrain offenders and protect society from criminals. 4) Reformative theory sees the goal of punishment as reforming criminals into good citizens through rehabilitation rather than mere deterrence or retribution.

Uploaded by

Einah Einah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
54 views3 pages

Deterrent Theory

The document discusses the four main theories of punishment in criminal law: 1) Deterrent theory proposes punishment deters future criminal acts either specifically for an individual or generally for society. 2) Retributive theory argues punishment is justified as a criminal has done wrong and deserves to be punished. 3) Preventive theory views punishment as a means to restrain offenders and protect society from criminals. 4) Reformative theory sees the goal of punishment as reforming criminals into good citizens through rehabilitation rather than mere deterrence or retribution.

Uploaded by

Einah Einah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

The immediate consequence that follows a criminal act is known as

punishment. Thus, punishment is defined as suffering, loss, pain, or any


other penalty that is inflicted on a person for the crime by the concerned
authority. There are different theories of punishment in law.
There are different kinds of punishment that a person can face. In order
to understand them, first, we need to understand the theories of the
punishment. There are majorly four theories of punishment.

These theories are the deterrent theory, retributive theory, preventive


theory, and reformative theory. We will discuss these theories in length
below.

Deterrent Theory

The retributive theory assumes that the punishment is given only for the
sake of it. Thus, it suggests that evil should be returned for evil without
taking into consideration any consequences. There are two theories in
which this theory can be divided further. They are specific deterrence
and general deterrence.

In specific deterrence, punishment is designed such that it can educate


the criminals. Thus, this can reform the criminals that are subjected to
this theory. Also, it is maintained that the punishment reforms the
criminals. This is done by creating a fear that the punishment will be
repeated.

While a general deterrence is designed to avoid future crime. So, this is


done by making an example of each defendant. Thus, it frightens the
citizens to not do what the defendant did.

Retributive Theory
Retribution is the most ancient justification for punishment. This theory
insists that a person deserves punishment as he has done a wrongful
deed. Also, this theory signifies that no person shall be arrested unless
that person has broken the law. Here are the conditions where a person
is considered as an offender are:

 The penalty given will be equivalent to the grievance caused by the


person.
 Performed a crime of certain culpability.
 That similar persons have been imposed for similar offenses.
 That the action performed was by him and he was only responsible
for it. Also, he had full knowledge of the penalty system and possible
consequences.
Preventive Theory

This theory has used a restraint that an offender if repeats the criminal
act is culpable for death, exile or imprisonment. The theory gets its
importance from the notion that society must be protected from
criminals. Thus, the punishment here is for solidarity and defense.

The modern criminologists saw the preventive theory from a different


view. They first realized that the social and economic forces should be
removed from society. Also, one must pay attention to individuals who
show anti-social behavior. This is because of psychological and
biological handicaps.

Reformative Theory

Deterrence and retributive are examples of classical and non-classical


philosophies. The reformative theory was born out of the positive
theory that the focal point of crime is positive thinking. Thus, according
to this theory, the objective of punishment needs to be reformation by
the offender.

So, this is not a punishment virtually but rather a rehabilitative process.


Thus, this process helps in making a criminal a good citizen as much as
possible. Furthermore, it makes the citizen a meaningful citizen and an
upright straight man.

You might also like