Firstly, a kid who falls down and kicks the floor inadvertently. Theyll give your presentations a professional, memorable appearance the kind of sophisticated look that todays audiences expect. The quantity and severity of punishments were reduced, the prison system was improved, and the first attempts were made to study the psychology of crime and to distinguish between classes of criminals. Theories of motivation an attempt is made in this chapter to bring a theoretical base for motivation. Success of the theory depends not on the severity of the sentence, but on how strong the probabilities are that an offender would be caught, convicted and serve out his sentence. The essence of the retributive theory of punishment has been well described by professor. Theories of punishment kinds of punishment under criminal law synopsis1 introduction. The theories rely on logic to explain why a person commits a crime and whether the criminal act is the result of a rational decision, internal predisposition or external aspects. Economic punishment, 121 incapacitative punishment, 123 corporal punishment, 124 nineteenth century and early twentieth century 1840s to the 1940s 128 economic sanctions, corporal punishment, incapacitative punishment, 2 socialist china from 1949 to the twenty.
That is, people tend to agree with the theory of punishment that is most likely to generate the outcome they believe is the correct one. The kinds of punishment given are surely influenced by the kind of society one lives in. Process of punishment is essential for the smooth running of society. It concludes with a synopsis of the situations where. Though during ancient period of history punishment was more severe as fear was taken as the prime instrument in preventing crime. Worlds best powerpoint templates crystalgraphics offers more powerpoint templates than anyone else in the world, with over 4 million to choose from.
Fascinating facts you probably dont know about every united states president duration. Broadly speaking, four theoretical explanations have been advanced as the basis upon which society acts in imposing penalty upon one who violates laws. A free powerpoint ppt presentation displayed as a flash slide show on id. Taking punishment to be the infliction of suffering for an offense, we may say that, traditionally, theories about the justification of punishment have been divided into retributivist and nonretributivist, with further subcategories in each category. It is the theory described in the old testament as an eye for an eye and a tooth for a tooth. Similarities and differences four theories of punishment there are several connections and differences between the four theories of punishment. Ppt theories of punishment powerpoint presentation free. Theories of punishment and mandatory minimum sentences the.
Before we get into the theories of punishment, the following video will provide a basic background in the history of punishment from ancient times through modern america. A proper theory regarding a system of punishment has been subject of debate for many centuries. Punishment theories of punishment utilitarian, society, theory. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Most of these crimes were petty violations, such as pickpocketing or swindling. Theories of punishment can be divided into two general philosophies. Principles of state policy part iv form the bulwark for a new social. Both thorndike 1935 and skinner 1953 claimed that punishment was ineffective for producing significant and lasting behavioral change. However, for more than 70 years psychologists have been investigating the effectiveness of punishment and its consequences. Similarities and differences four theories of punishment.
In essence, before we call anything punishment, it must meet the above mentioned criteria to differentiate it from what it is not. The following theories of punishment explain how and why justice is doled out to those that deserve it. Rational choice, sociological positivism, biological positivism and psychological positivism. Consider what the alternative purposes of punishment are in the eyes of other. Legislators designed sentencing laws with rehabilitation in mind. Theresearch literature on the effectiveness of criminal punishments outlines the four major types of deterrence, which include the following. Theories of punishment legal definition of theories of punishment. If the potentials of prisonerperson are unfolded, a robber may become a valmiki, and a sinner may become a saint.
Theories of punishment, capital punishment, deterrent, retributive, preventive and reformative theory, sentencing pollicy. With the passage of time various theories have been proposed with special reference to the contemporary legal systems. Theories of punishment there are four generally accepted theories of punishment namely. Jan 12, 2007 in this article an attempt is made to discuss the policy of sentencing visavis various theories of punishment and their efficacy and effectiveness in the light of modern penology.
In this article an attempt is made to discuss the policy of sentencing visavis various theories of punishment and their efficacy and effectiveness in the light of modern penology. The justification of retributive theory of punishment is that the criminal is to be punished simply because he has committed a crime. Punishment is awarded to reduce crimes and used as means to an end, is the claim of the utilitarian. Feb 28, 2017 page2 theories of punishment or, kinds of punishment under criminal laws the ancient punishments were brought to england. Theories of punishment and mandatory minimum sentences. The retributive theory assumes that the punishment is given only for the sake.
Retributive theories of punishment are behind the ancient expression, an eye for an eye, a tooth for a tooth. Theories of punishment during the heyday of liberalism in the 1960s and 1970s, the judicial and executive branches for example, parole boards wielded power in sentencing. This system was based on the perceived seriousness of the offence. These theories attempt to make sentencing principles more responsive to social condition and community expectation. Of the various theories of punishment the following there are the most important and typical retributive, preventive and reformative. A variety of different theories or objectives of punishment have been proposed, some differing only in minor degrees, some fundamentally in conflict with one another. Theories of punishment free download as powerpoint presentation. Until the 19th century, the death penalty or capital punishment was imposed in england for more than 200 different crimes. Punishments are imposed on the wrong doers with the object to deter them to repeat the same wrong doing and reform them into law abiding citizens. These theories are all, at least, partially true, and all help to explain the behavior of certain people at certain times. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for certain purposes. The theories of punishment philosophers differ on why there should be punishment, the basis that warrants punishment as stilt and foundation.
Scribd is the worlds largest social reading and publishing site. Retribution is the most ancient justification for punishment. Perspectives on the effects of corporal punishment. Modern punishment theories date from the 18th century, when the humanitarian movement in europe emphasized the dignity of the individual, as well as his rationality and responsibility. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. Under this revised retributive theory of just deserts, pun. Role of theories of punishment in the policy of sentencing by. Ppt theories of punishment powerpoint presentation. A teacher should first positively reinforced appropriate behaviours to take place of the inappropriate behaviours he is trying to eliminate.
Under the right conditions, both general and special deterrence can prevent an offender and others from committing the same criminal acts. Learning theories behaviorism l chapter 4 92 as a conclusion, punishment should be used only as the last option. The purpose of criminal punishment sage publications inc. Feb 28, 2017 fascinating facts you probably dont know about every united states president duration. It is the advancement of understanding that enables the learner to function better in their environment, improve and adapt. The theories rely on logic to explain why a person commits a crime and whether the criminal act is the result of a rational decision, internal predisposition or. One of the features of utilitarian theories of punishment is that it focuses on the community, not the individual. This course on the fairness of justice will take you deeper into the world of law. Punishment, the infliction of some kind of pain or loss upon a person for a misdeed i.
S, siroho, criminology and criminal administration, 4 ed. Theories of punishment indian kanoon high court, supreme. In addition, both forms of deterrence work only when prerequisite conditions exist. Public punishment more amenable to justice being carried out theories of punishment retributive, or deserts, theory punishment only when it is deserved not in order to accomplish anything, such as deter.
The utilitarian theory of punishment seeks to punish offenders to. The most widely accepted rationale for punishment in the united states is retribution. Page2 theories of punishment or, kinds of punishment under criminal laws the ancient punishments were brought to england. Some prominent theories of punishment include retribution, deterrence, rehabilitation, and the moral education theory.
Imposed because of a crime committed not a social good to be achieved. Theories of punishment when it comes to criminal sanctions, what people believe to be appropriate is largely determined by the theory of punishment to which they subscribe. In addressing such dilemma, this academic paper presents the various theories and justification for punishment from nigerian viewpoint. Theories of punishment legal definition of theories of. Punishment may take forms ranging from capital punishment, flogging, forced labour, and mutilation of the body to imprisonment and fines. This theory has used a restraint that an offender if repeats. May 27, 2010 theories of punishment and mandatory minimum sentences. If convicted, the sentence a defendant receives is always, at least in part, a form of retribution. Critical analysis of theories of punishment mere denunciation of crime is not enough. What are the 3 main theories or objectives of punishment. Punishment expresses societys condemnation of the crime theory explains the need for general requirement of liability known as culpability mens rea by presupposing free will. This paper explains theories of crime and tells the causes of deviation and also the way of treatment and setting right the deviation.
Learning is the individual growth of the person as a result of cooperative interaction with others. Punishment means, it is the redress that the commonwealth takes against an offending member1punishment is. Thus, utilitarians take special favor in deterrence, as not only does it lower the overall crime rate, but it often does so by imposing minimal punishment as punishment is an evil in itself. The first critical guide to examine all leading contemporary theories of punishment, this book explores among others the communicative theory of punishment, restorative. It is a dissatisfied response to the four traditional theories of punishment which deal with sentencing in isolation from its wider social and political setting. This idea of getting even is the oldest form of justice. According to the retributive theory the purpose of punishment is to seek revenge. If we focus on the good of the community to justify our. There are many competing theories, which attempt to explain the nature of motivation. The fourth distinction is that in a crime, the state constitutes itself a party to.
Rehabilitation is another philosophy by which many systems of punishment operate. Punishment may also involve various types of informal sanctions by family, peers, and extralegal groups like vigilante committees and paramilitary organizations to promote their own interests. Each of these theories tries to establish a basis for punishment as a response to the question why punish. The five primary theories of punishment moose lake star gazette.
This theory of punishment refers to two different types of deterrence. Teachers classroomstrategies failure is the basic cause of school violence. Philosophical analysis of the theories of punishment in. Role of theories of punishment in the policy of sentencing. Theories of punishment in the court of criminal appeal. A fourth type of theory holds that the point of punishment is allow the community to express its condemnation of the.
With change in the social structure the society has witnessed various punishment theories and the radical changes that they have undergone from the traditional to the modern level and the crucial problems relating to them. The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for. These theories are the deterrent theory, retributive theory, preventive theory, and reformative theory. Theories of deterrence, retribution, just deserts, rehabilitation, and incapacitation as well as the idea of restorative justice will be considered in this chapter. This principle of punishment was subsequently modi. Can overlap with deterrent and reformative theories. Punishment means, it is the redress that the commonwealth takes against an offending member1punishment is some sort of social. It says that a criminal who causes a victim to suffer should be made to suffer him or herself. We hope that we have made progress during the past 20 years, but efforts to develop and empirically test theories. Winner of the standing ovation award for best powerpoint templates from presentations magazine. Generally, it is believed to be a firm of taking revenge and would not serve only penal purpose.