Concept of Crime and Punishment

Introduction to law
Concept of crime and Punishment

As a child, it is likely you were given sanctions for doing something bad, for example,
failing an exam or breaking something expensive. You could have been grounded or
had your TV privileges taken away for a while. The aim of this was most likely to
teach you that there are consequences for your actions; but more importantly so that
you do things differently next time. This is a type of punishment.
Definition of criminal punishment
Criminal punishment works in a very similar way to the above example (with a few
more complexities, of course). It refers to a method of controlling and/or reducing
crime by punishing criminal offenders. It is complementary to crime prevention
strategies but mainly focuses on dealing with the crime after the offence has been
committed.
According to the Collins Dictionary (2022), we can define punishment as the

following:
A penalty or sanction given for any crime or offence".
Criminal punishment refers to punishment in a lawful setting. Criminal punishment is

a form of crime control that focuses on punishments for crimes, rather than prevention.
The purpose of criminal punishment
Criminal punishment exists as a form of social control. It aims to maintain order in

society by providing a clear line between right and wrong. Laws are put in place by
the government to help teach us what we can and can't do. Those who do not follow
these rules, and break the law, are at risk of criminal punishment.
Some crimes come with larger punishments than others, whereas others may be
broken and not prosecuted at all. Criminal punishment changes between countries and
cultures, with different laws existing in different areas. However, the overall purpose
of these laws and subsequent punishments is to keep order in society.
Let's explore the different types of criminal punishment.
Types of criminal punishment
Criminal punishment comprises several different approaches based on the desired

outcome. This depends on whether the society or criminal justice system at hand aims
to:
reduce occurrences of crime overall (reduction)
gain retribution for harm caused by a crime, or
restore justice to victims of a crime.
Dr. Sheikh Muhammad Adnan

Introduction to law
These are very common punishments for criminals. So let us look at each of these
desired outcomes in turn.
Common punishments for criminals
There are several common types of criminal punishment: deterrence, reduction,

rehabilitation, incapacitation, retribution and restoration.
Reduction of crime
Many societies aim to reduce the amount of crime being committed through criminal
punishment. Reduction, rehabilitation and deterrence are all some of the most
common strategic punishments for criminals.
Deterrence
This involves punishing the individual quite harshly to discourage them from future
offending. Also, by making an example of them, significant punishments can act as a
deterrent to other people who might consider committing the same crime.
If someone receives a big fine or a long prison sentence for a minor misdemeanour,
this will ideally discourage others from doing the same to avoid the same penalty.
Rehabilitation
One of the primary purposes of punishment (for certain crimes) is to rehabilitate the
criminal offender – ensuring that they undergo reform, change their ways and do not
engage in the same criminal behaviour in the future. This gives them a second chance
at an honest life.
Incapacitation
This is one of the most extreme methods of crime punishment focused on reduction
and entails physically removing the capacity for the offender to re-offend in the same
area. If they do not have the means or ability to commit the crime, they cannot do it.
Examples include long-term prison sentences, cutting off hands, chemical castration,
or the death penalty.
Retribution of crime
This is based on the idea of 'an eye for an eye'; the concept of getting revenge for
harm done. Many people in society, especially those who have been victims of violent
crime, believe the criminal must pay for their crime for justice to be served. Since the
criminal has caused harm, they deserve to have harm inflicted on them in return.
An example of retributive crime punishment is ascribing the death penalty for murder.
Restoration of crime

Introduction to law
Compensatory or restorative actions in crime punishment involve the offender making

amends (or attempting to make amends) for the harm they have caused. This can
mean paying a fine or providing some form of financial compensation to cover the
cost of the damage they have caused.
It considers the wider concept of 'restorative justice', where the offender and the
victim(s) of their crime are brought into communication. Restorative justice signifies
a meeting between the individual responsible for the crime and the victim, sometimes
with community representatives present. It is an opportunity for the offender to take
responsibility for their actions and directly hear how they have impacted others.
For the victim, discussing or confronting the offender about the harm caused can help
them better understand the situation and move towards healing and closure, if they
choose.
· Criminal punishment is when criminal acts are punished to reduce and/or control
them.
· Approaches to criminal punishment include reduction, retribution, and restoration.
· Durkheim believes that its purpose is to reinforce shared social norms and express
collective moral outrage. Traditional and modern societies have different versions of
justice - retributive and restitutive.
· Marxist sociologists argue that criminal punishment upholds the social class order.
Under a capitalist system, punishment mirrors exploitative relations of production by
making workers 'pay' for their crimes in prison.
· Foucault theorised that the nature of punishment has changed from being strict and
physical to more subtle and psychological, leading to a culture of self-surveillance.
Sovereign power has changed to disciplinary power, e.g. the Panopticon.

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Introduction to law

Concept of crime and Punishment

Definition of criminal punishment

According to the Collins Dictionary (2022), we can define punishment as the

A penalty or sanction given for any crime or offence".

Criminal punishment refers to punishment in a lawful setting. Criminal punishment is

The purpose of criminal punishment

Criminal punishment exists as a form of social control. It aims to maintain order in

Let's explore the different types of criminal punishment.

Types of criminal punishment

Criminal punishment comprises several different approaches based on the desired

reduce occurrences of crime overall (reduction)

gain retribution for harm caused by a crime, or

restore justice to victims of a crime.

Dr. Sheikh Muhammad Adnan

Common punishments for criminals

There are several common types of criminal punishment: deterrence, reduction,

Dr. Sheikh Muhammad Adnan

Compensatory or restorative actions in crime punishment involve the offender making

Dr. Sheikh Muhammad Adnan

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