There are four generally accepted theories of punishment, namely, deterrent, retributive, preventive and reformative it must, however, be noted that these theories are not mutually exclusive and each of them plays an important role in dealing with potential offenders. Theories of punishment with special focus on reformative theory neetij rai abstract: as hobbes said that in the state of nature people were nasty, brutish and their life was short locke viewed that the people in the state of nature agreed a social contract in order to establish a formal law. The theories of punishment are: i) retributive theory ii) deterrent theory iii) preventive theory iv) reformative theory the paper also puts some light on reformative theory in nepalese penal system. Different theories of punishment – absolute, relative, and mixed theories – explain in different legal philosophical and legal theoretical ways the nature of punishment and, via the objectives of punishment, the goals of the state’s interference in criminal law 1 the theories of punishment and the objectives of punishment formulated on. Chapter 4 crime and theories of punishment 41 crime in ordinary language, the term crime denotes an unlawful act punishable by the state 425 the reformative theory of punishment according to the reformative theory, a crime is committed as a result of the conflict between the character and the motive of the criminal a reference may.
1 the appeal of retributive justice the appeal of retributive justice as a theory of punishment rests in part on direct intuitive support, in part on the claim that it is better than alternative accounts of punishment, and in part on arguments tying it to deeper moral principles. Theories of punishment, contain generally policies regarding theories of punishment namely: deterrent, retributive, preventive and reformative punishment, whether legal or divine, needs justification. Retributive justice is a theory of justice that holds that the best response to a crime is a punishment proportional to the offense, inflicted because the offender deserves the punishment prevention of future crimes ( deterrence ) or rehabilitation of the offender are not considered in determining such punishments.
From wikipedia, the free encyclopedia punishment is the practice of imposing something unpleasant or aversive on a person or animal or property, usually in response to disobedience, defiance, or behavior deemed morally wrong by individual, governmental, or religious principles. The concept of reformative theory according to this theory, the object of punishment should be the reform of the criminal, through the method of individualization. The encyclopedia of crime and punishment provides the much-needed practices, policies, and research and will be of interest to students, teachers, and the g sage reference the complete guide for your research journey strain theory trait theories research methods and information. There are various theories of sentencing including those which are absolute or those that are relative reformative theory of crime (also known as rehabilitative sentencing) is a sort of relative theory which sees to fulfill its aim or objective and considers punishment its means to that end.
Reformative theory of punishment 3 of elmer hubert johnson11 the criminal may be described as monster or be pictured as a hunted animal or as the helpless victim of brutality reformative throry “every saint has a past, every sinner has a future. Theories of punishment with special reference to reformative theory 1796 words | 8 pages theories of punishment with special focus on reformative theory neetij rai abstract: as hobbes said that in the state of nature people were nasty, brutish and their life was short. A proper theory regarding a system of punishment has been subject of debate for many centuries with the passage of time various theories have been proposed with special reference to the contemporary legal systems each theory having its particular merits and demerits. Crime and punishment – raskolnikov’s extraordinary man theory: in the novel, crime and punishment, the principle character, raskolnikov, has unknowingly published a collection of his thoughts on crime and punishment via an article entitled “on crime. Reformative theory according to the reformative theory, the object of punishment is to reform criminals and that it accomplishes this by classifying or ingraining that crime does not pay or by breaking habits that criminals have formed.
Further, the two major theories with reference to capital punishment, namely, the reformative theory and the preventive theory have been explained thereafter, the article throws a light on the. Keywords: punishment, theories of punishment, reformative theory, deterrent theory, preventive theory, retributive theory suggested citation: suggested citation rai, neetij, theories of punishment with special focus on reformative theory (may 5, 2010. The utilitarian prevention theory, the original one among theories seeking to justify punishment by actual good effects or consequences, has an uncertain but perhaps sufficient basis in a certain proposition of fact.
Criminal punishment theories criminal law: theories of criminal punishment introduction to criminal punishment theories various theories have been advanced to justify or explain the goals of criminal punishment, including retribution, deterrence, restraint (or incapacitation), rehabilitation, and restoration. Penology and treatment of offenders jan 2013, jun 2012, jan 2012, jan 2010, jan 2009, paper - ii : penology and treatment of offenders - ii duration : 3 hours max marks : 75 explain the philosophy of reformative theory of punishment in the context of principles laid down by jeremy bentham. Deterrent or retributive or reformative theories of punishment are moral claims as to what justifies the practice of punishment - claims as to why, the deterrent theory of punishment involves a great many implicit, if not always explicit, assertions or contentions as to what is theory those elements which have direct reference to. Occurred in the us, september 11 has its own set of conspiracy theories some people, me included, strongly believe that the government of the united states of america was well aware of the impending attack on us soil and perhaps even instigated it themselves.