The document discusses the theories and principles of punishment. It outlines four main theories of punishment: deterrent theory, which aims to deter others from committing crimes; preventive theory, which focuses on keeping offenders away from society; reformative theory, which seeks to reform criminals; and retributive theory, which believes punishment should match the severity of the crime. It also discusses principles of punishment such as utilitarianism, retaliation, and the historical background of early legal codes from civilizations like Sumer, Babylon, ancient Israel, Greece and Rome.
The document discusses the theories and principles of punishment. It outlines four main theories of punishment: deterrent theory, which aims to deter others from committing crimes; preventive theory, which focuses on keeping offenders away from society; reformative theory, which seeks to reform criminals; and retributive theory, which believes punishment should match the severity of the crime. It also discusses principles of punishment such as utilitarianism, retaliation, and the historical background of early legal codes from civilizations like Sumer, Babylon, ancient Israel, Greece and Rome.
The document discusses the theories and principles of punishment. It outlines four main theories of punishment: deterrent theory, which aims to deter others from committing crimes; preventive theory, which focuses on keeping offenders away from society; reformative theory, which seeks to reform criminals; and retributive theory, which believes punishment should match the severity of the crime. It also discusses principles of punishment such as utilitarianism, retaliation, and the historical background of early legal codes from civilizations like Sumer, Babylon, ancient Israel, Greece and Rome.
The document discusses the theories and principles of punishment. It outlines four main theories of punishment: deterrent theory, which aims to deter others from committing crimes; preventive theory, which focuses on keeping offenders away from society; reformative theory, which seeks to reform criminals; and retributive theory, which believes punishment should match the severity of the crime. It also discusses principles of punishment such as utilitarianism, retaliation, and the historical background of early legal codes from civilizations like Sumer, Babylon, ancient Israel, Greece and Rome.
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Theories and Principles
of Punishment • What is Punishment
• What are the Theories of Punishment
• What are the Principles of Punishment
Scope of Presentation
• Introduction
• Principles of Punishment
• Historical Background of Punishment
• Theories of Punishment Punishment
an authorized imposition of deprivations —
of freedom or privacy or other goods to which the person otherwise has a right, or the imposition of special burdens — because the person has been found guilty of some criminal violation "punishment" is the abstract substantiation of the verb to punish
Old French puniss-, an extended form of the stem
of punir "to punish,"
Latin punire "inflict a penalty on, cause pain for some
offense,"
earlier poenire, from poena "penalty, punishment." Justification of Punishment
• prevention of future crimes =
REDUCTIVIST • Those who look to the past to punish crimes already committed = RETRIBUTIVIST REDUCTIVIST principles
Justifies punishment on grounds of its alleged
future consequences Supported by form of moral reasoning known as UTILITARIANISM By pointing to a future or greater good, reductivist principles focus on the instrumental “ends” of punishment So… the avoidance of further crime can be achieved through:
pains and unhappiness caused to the offender must be ‘outweighed by the avoidance of unpleasantness to other people in the future – thus making punishment morally right from a utilitarian point of view.’ (Cavadino and Dignan) RETRIBUTIVIST principles
Wrongdoers should be punished because they
deserve it, irrespective of any future beneficial consequences
“an eye for an eye” 1750BC in Babylon
Based on concept of lex talionis = law of
retaliation principle developed by philosopher Immanuel KANT The concept of punishment
-is to have an effort to reform and
rehabilitate offenders in favor of
• Retribution • Incarceration • Deterrence • In terms of socialization, punishment is seen in the context of broken laws and taboos. • Sociologists such as Emile Durkheim have suggested that without punishment, society would devolve into a state of lawlessness, anomie. • The very function of the penal system is to inspire law-abiding citizens, not lawlessness. In this way, punishment reinforces the standards of acceptable behavior for socialized people. Historical Background of Punishment
Code of Ur-Nammu The Code of Ur-Nammu is the oldest surviving law code. This text was written on clay tablets in the Sumerian language and is reckoned to have been produced towards the end of the 3rd millennium BC Historical Background of Punishment
Code of Hammurabi The Code of Hammurabi was one of the earliest and most complete written legal codes and was proclaimed by the Babylonian king Hammurabi, who reigned from 1792 to 1750 B.C. Historical Background of Punishment
Mosaic Code The name is derived from Moses who received the Ten Commandments; this and other Jewish law as set out in the aforementioned first five chapters ("books") of the Bible. Historical Background of Punishment
CODE OF DRACO WERE KNOWN FOR THEIR CRUELTY AND THEIR BIAS TOWARDS THE RICH LANDOWNERS AS OPPOSED TO THOSE WHO FOUND THEMSELVES OWING MONEY Historical Background of Punishment
The Laws of the Twelve Tables
Punishments were also written down for many of the laws, should they be broken. They are: being fined, flogging, retaliation in kind (eye for an eye), banishment, civil disgrace, slavery, being given fetters (leg chains), and death. Theory of Punishment
• Preventive • Reformative • Retributive • Deterrent Deterrent Theory
• This Theory says
that the punishment should try to stop other people from doing the crime
• Deter- put off or
abstain doing an act DETERRENCE
Crime can be discouraged through the
public’s fear of punishment they may receive if they break the law
• Individual deterrence • General deterrence Preventive Theory
• This Theory says
that the punishment keep the offender away from society
• An idea of preventing repetition of crime Reformative Theory
• This Theory says that
the punishment should try to reform the criminal Retributive Theory
• This Theory says that the
punishment should reflect the crime. • Punishment offers retributive justice - victims of crime want to feel that the perpetrator has not got away with it. • “An eye for an eye” Which Theory would you associate with the following punishments
