Preventive Theory of Punishments

Punishment is the result of committing an illegal act. Punishment is an old concept which is evident in society from the initial stages of human civilization. In the past, there was no law which was written down and the consequences and punishment for an offence were decided by the head of the society or king in a monarchial setup. The punishments that were imposed in the past were more serious and mostly death sentences. As the law started to be codified by the lawmakers for every crime suitable punishments were imposed.

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This Story also Contains

1. Obejctive of Punsihment
2. Theories of Punsihment
3. Preventive Theory of Punishment
4. Origin of Preventive Theory of Punishment
5. Ways of Imposing Preventive Theory of Punishment
6. Act Reflecting Preventive Theory of Punishment
7. Difference Between Preventive and Deterrent Theory of Punishment
8. Preventive Theory of Punishments Case Laws
9. Conclusion

The main goal of imposing a punishment was to reform the mind of the criminal and set an example for society about the consequences of a crime. A crime not only affects an individual but it affects the society at large and disturbs the co-existence of people living in a society. This article talks about the different types of theories of punishment throwing light on the Preventive Theory of Punishment.

Obejctive of Punsihment

Punishment is the method used to combat the evils and crimes committed by a criminal. The sections added in the different legislations in the world are to deter crimes and maintain law and order in society. The main objectives of imposing punishment are to stop future crimes and protect society at large. Punishment aims at deterring the actual criminals from committing more crimes. The theory of punishments aims at expelling evils and turning criminals into citizens who abide by the law.

Theories of Punsihment

The different theories of punishment explain the origin and motive of imposing punishments. The objective of punishment is to maintain law and order in the society. The different theories of punishment are-

1. Deterrent Theory

Jeremy Benthem is the author of the Deterrent Theory of Punishment. The hedonistic principle forms the foundation of the deterrent hypothesis. The goal of this concept is to stop criminals from committing the same crime or from being involved in it again. There are lessons in this theory for members of society who suffer the repercussions of these kinds of acts. The fear of punishment is ingrained in those who adhere to its doctrines.

The deterrent theory is divided into two types they are-

General Deterrence

The primary objective of broad deterrence is to prevent crimes from occurring. To do this, each defendant serves as an example. For this reason, people are afraid to behave in the defendant's manner.

Specific Deterrence

Education is the main goal of punishment to deter offenders from committing crimes. Because of this, people who commit crimes and are made aware of this idea may choose to repent. It's also stated that punishment changes the perpetrators. This is achieved by creating a fear that the punishment will be applied once more.

2. Reformative Theory

This concept's name itself conveys some of its essence. This idea assists ex-offenders in getting back on their feet and turning into law-abiding citizens. No one is born to commit crimes; mistakes can be committed, and circumstances can give rise to criminal behaviour. The perpetrator in this case should be given another chance to atone. For this reason, a variety of institutions are offered, such as training schools, juvenile homes, reformatories, and penal facilities. Rehabilitating convicts is the main objective of this worldview.

The classical and non-classical ideas of punishment and deterrence are two examples. The reformative hypothesis originated with the positive theory, which holds that positive thinking is the primary factor behind crime. This point of view therefore maintains that the primary objective of punishment ought to be the offender's rehabilitation.

Thus, rather than penalizing offenders, the goal will be accomplished by mentally rehabilitating them. If criminals have received the necessary instruction and training, they can act appropriately in social settings. Assisting the offender in getting back on track is the main objective.

3. Retributive Theory

Punishment has always been justified in the name of retaliation. According to this viewpoint, wrongdoing ought to be punished. Furthermore, according to this logic, no one will be imprisoned until they break the law.

The adage "Eye for Eye" serves as the foundation for this philosophy. Equalizing the pain that the victim of the offender's actions must endure is the main objective of this concept. Put simply, one could argue that all types of punishment are retributive in some sense as the whole point of punishment is to restore harmony and peace to society. This theory is more plausible than the others.

This is not a very humanistic attitude because the guilty suffer unduly when they are punished. Therefore, balancing the aggravating and mitigating factors of the offence is the most important consideration for determining the proper punishment.

Preventive Theory of Punishment

The adage "Prevention is better than cure" serves as the foundation for this theory. Unlike other points of view, this one aims to prevent crime rather than exact revenge. This idea is also known as the disablement theory. The theory is significant because it is based on the notion that society needs to be protected from criminals. In this case, defence and unity are the outcomes.

In a similar vein, this view proposes that the perpetrator should be removed from society to deter future crimes. Society protects itself against the anti-social order in general by apprehending such perpetrators. It will serve as a deterrent to future similar acts if these people receive the death penalty or life in jail. We can prevent more crimes from occurring by eliminating these offenders from society.

From a different perspective, modern criminologists view the preventative idea. They initially grasped that social and economic forces needed to be liberated from society. Individuals who behave in an antisocial way should also be closely monitored. This is the outcome of a combination of psychological and biological limitations.

Origin of Preventive Theory of Punishment

During Europe's Enlightenment, the preventive theory of punishment developed. Italian jurist and philosopher Cesare Beccaria was a prominent proponent of this view. Beccaria's 1764 foundational work "On Crimes and Punishments" served as the foundation for contemporary criminal law and criminology. Beccaria maintained that rather than being used as a means of vengeance or retaliation, punishment should have a utilitarian function, with the main goal being the prevention of future crimes. To discourage potential perpetrators, he argued for prompt justice, appropriate punishment, and punishment that is assured.

Ways of Imposing Preventive Theory of Punishment

There are three ways to impose the preventive theory of Punishment they are-

• Incorporating fear of punishment in the mind of criminal

• Temporarily or permanently disabling the offender from committing future crimes.

• By reforming the offender and making them law-abiding citizens.

In the case of Surjit Singh v. State of Punjab

In this case, the Supreme Court emphasized the preventive theory of punishment. The Supreme Court held that the punishment which is imposed should be reformative and prevent future crimes from happening. All the theories of punishment should be used in such a way that it somehow corrects the mindset of the individuals and makes them better people. In this case, the theory of prevention was given the most importance.

Act Reflecting Preventive Theory of Punishment

The preventive theory of punishment refers to a range of actions that are intended to dissuade, incapacitate, or rehabilitate offenders to stop them from committing crimes in the future. Among them are:

Incapacity

Incapacitation is the process of removing criminals from society to stop them from committing new crimes. For dangerous offenders or repeat offenders, case laws reflecting incapacitation may impose mandatory minimum penalties or life in prison. This strategy is demonstrated by the three-strikes statutes in the US, which impose severe penalties on anyone found guilty of three or more serious crimes.

Rehabilitation

Rehabilitating criminals into law-abiding members of society and addressing the root causes of their criminal behaviour are the main goals of rehabilitation. Probation, community-based rehabilitation initiatives, and diversion programs are case laws that reflect rehabilitation. For example, drug courts provide treatment and counselling to non-violent drug offenders as an alternative to jail time.

Deterrence

The goal of deterrence is to make people less likely to commit crimes by enforcing harsh penalties to offset the advantages of breaking the law. Decisions to impose significant fines or protracted jail sentences for actions regarded as exceptionally hurtful or severe are examples of case laws expressing deterrence. For instance, landmark trials involving white-collar crimes frequently result in substantial financial fines to discourage corporate wrongdoing.

Difference Between Preventive and Deterrent Theory of Punishment

Since specific forms of deterrence ensure that those who have already committed crimes do not do them again and also prevent future crimes from being committed, these two theories are intimately related. Justice Holmes claims that the Preventive Theory of Punishment which is also consistent with the Deterrent Theory of Punishment holds that crime can be avoided by rendering the offender incapable of committing new crimes. Preventive theory's capacity to humanize ideas won the backing of numerous utilitarians, including Bentham, Austin, and Mill.

The preventive principle, which tries to stop offenders from committing the same or different crimes, led to the development of prisons. It emphasizes harsher forms of punishment for offenders, although, in contrast to deterrent theory, It declares that no one has the right to take another person's life and that the death penalty is an extremely severe form of punishment. According to the preventive approach, incarceration is the best way to prevent crime because it successfully prevents offenders from committing the same offence.

Given that the death penalty is a component of preventive theory as well, it is reasonable to argue that this is an additional deterrent. While one focuses on discouraging the entire community, the other stops the evildoer from carrying out the crime.

It is not possible to punish someone to stop others from committing the same crime. According to the deterrent idea, occasionally the effect of punishment deters the offender so that he is not utilized as a tool to further the interests of others. It operates under the tenet that a person will only face consequences if those consequences benefit society as a whole. Stated differently, it will prove effective if it leads to a rise in societal satisfaction while impeding the likelihood of future offences.

The goal of preventive philosophy is to stop crime rather than just get even with the offender. Its primary goal is to protect society from the criminal by locking him up and, as a result, getting rid of any possible harm that their presence might bring. Under deterrence, the emphasis is on establishing a criminal justice system with harsh penalties to prevent offenders from committing crimes in the future.

Preventive Theory of Punishments Case Laws

In the case of Dr Jacob George v. State of Kerela

In the following case, the Supreme Court declared that the objective of Punishment should be preventive, reformative and compensatory. The merit of the case should be emphasized to incorporate the theories of Punishment. It was said that offenders are a part of society and it the society's responsibility to correct and reform the criminals and make them law-abiding citizens.

In the case of United States v. Booker

In the case of the US, the court imposed mandatory sentencing guidelines as advisory rather than mandatory, enabling judges to take unique cases into account and design sentences that will encourage rehabilitation while also discouraging criminal behaviour.

Conclusion

In this article, different types of punishment are given with an emphasis on the Preventive Theory of Punishment. In a preventive theory of punishment, the aim is to reform the offenders into a better human being and make them a law-abiding citizen. Through the methods of deterrence, legal framework, and deterrence this theory balances the principles of proportionality and justice.