Punishment & related issues
- 1. Click to edit Master title style 1 1
- 2. Click to edit Master title style 2 Punishment & Related Issues
- 3. Click to edit Master title style 3 3 WHAT IS PUNISMENT PUNISHMENTS: Punishments means a penalty or sanction given for any crime or offence. Punishment must be awarded for the commission of any offence. It must be an evil, an unpleasantness to the victim. Crime is a behavior or action that is punishable by criminal law. A crime is a public wrong, as opposed to moral wrong; it is an offence committed against and hence punishable by the state or the community at large. Many crimes are immoral, but not all actions considered immoral are illegal. So, punishment means some pain or penalty warranted by law, inflicted on a person, for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court.
- 4. Click to edit Master title style 4 4 Black Law Dictionary Defenition What is PUNISHMENT? In criminal law, Any pain, penalty, suffering, or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offense committed by him, or for his omission of a duty enjoined by law.
- 5. Click to edit Master title style 5 5 Purposes Of Punishment INCAPACITATION DETERRENCE RESTITUTION RETRIBUTION REHABILITATION GENERAL DTERRENCE SPECIFIC DETERRENCE
- 6. Click to edit Master title style 6 6 RETRIBUTION RESTITUTION Retribution prevents future crime by removing the desire for personal avengement (in the form of assault, battery, and criminal homicide, for example) against the defendant. When victims or society discover that the defendant has been adequately punished for a crime, they achieve a certain satisfaction that our criminal procedure is working effectively, which enhances faith in law enforcement and our government. Incapacitation prevents future crime by removing the defendant from society. Examples of incapacitation are incarceration, house arrest, or execution pursuant to the death penalty. Restitution prevents future crime by punishing the defendant financially. Restitution is when the court orders the criminal defendant to pay the victim for any harm and resembles a civil litigation damages award. Restitution can be for physical injuries, loss of property or money, and rarely, emotional distress. It can also be a fine that covers some of the costs of the criminal prosecution and punishment.
- 7. Click to edit Master title style 7 7 SPECIFIC DETERRENCE Specific deterrence applies to an individual defendant. When the government punishes an individual defendant, he or she is theoretically less likely to commit another crime because of fear of another similar or worse punishment GENERAL DETERRENCE General deterrence applies to the public at large. When the public learns of an individual defendant’s punishment, the public is theoretically less likely to commit a crime because of fear of the punishment the defendant experienced REHABILITATION Rehabilitation prevents future crime by altering a defendant’s behavior. Examples of rehabilitation include educational and vocational programs, treatment center placement, and counseling. The court can combine rehabilitation with incarceration or with probation or parole. In some states, for example, nonviolent drug offenders must participate in rehabilitation in combination with probation, rather than submitting to incarceration (Ariz. Rev. Stat., 2010). This lightens the load of jails and prisons while lowering recidivism, which means reoffending.
- 8. Click to edit Master title style 8 8 Penal Policy Of Bangladesh For Punishment Section 53 Of Bangladesh Penal Code 1860 Describe the punishment kinds Death Imprisonment For Life Imprisonment Rigorous Or Simple Forfeiture Of Property Fine
- 9. Click to edit Master title style 9 9 THEORIES OF PUNISHMENT Retributive Deterrent Preventive Reformative
- 10. Click to edit Master title style 1010 Retributive Theory Of Punishment This theory of punishment is based on the principle- “An eye for an eye, a tooth for a tooth, blood for blood”. Retributive means to give in turn. The object of this theory is to make the criminal realize the suffering of the pain by subjecting him to the same kind of pain as he had inflicted on the victim. This theory aims at taking a revenge rather than social welfare and transformation. In ancient times, if somebody was murdered, his relatives used to find out the murderer and kill him and thus took revenge on him. Although this theory was popular in the ancient time, but the theory has not been supported by the Criminologists, A Penologists and Sociologists as they feel that this theory is
- 11. Click to edit Master title style 1111 The term “Deter” means to abstain from doing an act. The main purpose of this theory is to deter (prevent) the criminals from doing the crime or repeating the same crime in future. Under this theory, severe (strong) punishments are inflicted upon the offender so that he abstains from committing a crime in future and it would also be a lesson to the other members of the society, as to what can be the consequences of committing a crime. This theory has proved effective, even though it has certain defects Preventive Theory Of Punishment
- 12. Click to edit Master title style 1212 Preventive Theory Of Punishment he preventive theory is founded on the idea of preventing repetition of crime by disabling the offender through measures such as imprisonment, forfeiture, death punishment and suspension of license. As per this theory, the idea is to keep the offender away from the society. This criminal under this theory is punished with death, life imprisonment etc. This theory has been criticized by some jurists. We well remember the works of a judge who uttered the following sentence, while awarding punishment to the criminal, “I am giving punishment to you not because you stole the sheep but because of the fact that people should not steal sheep in future
- 13. Click to edit Master title style 1313 Reformative Theory Of Punishment The supports of Reformative Theory maintain that crime is a kind of disease and the criminal should be treated well, so that he may be able to recover from this disease. Crime should be diagnosed and then Proper treatment should be given to the criminal. The idea behind this theory is that- “no one is a born Criminal and criminals are also humans”. Under this theory, it is believed that if the criminals are trained and educated, they can be transformed into law abiding citizens. This theory has been proved to be successful and accepted by many jurists. Many writers on this subject are of the opinion that a person commits a crime only because he was not taught moral Lessons in his childhood, or he is extremely poor, he does not have square meals or lives or had to live in the polluted social environment or had been living in the company of bad person like thieves, dacoits and gamblers and drunkards or is suffering from some mental disease. The supporters of Reformative theory opine that the government should adopt measures to remove such bad conditions and thus prevent crime
- 14. Click to edit Master title style 14
- 15. Click to edit Master title style 15
- 16. Click to edit Master title style 16
- 17. Click to edit Master title style 17
- 18. Click to edit Master title style 18
- 19. Click to edit Master title style 19
- 20. Click to edit Master title style 20
- 21. Click to edit Master title style 21
- 22. Click to edit Master title style 22