Reformative Theory of Punishments

Punishment is administered following an illegal act. Criminals have been held responsible for their acts from the dawn of human society. In those prehistoric days, the people, the head of the village, or the society at large determined how to punish the violators because there were no formal laws in place. Criminals used to suffer horrible, extremely painful punishment. Then there were times of monarchy and punishment, during which the severity of the sentence was determined by the local king. As human civilization developed, laws were created, and the appropriate sentence and punishment were determined by the seriousness of the offence.

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This Story also Contains

1. The objective of Imposing Punishment
2. Theories of Punishments
3. Reformative Theory of Punishment
4. What is the Reformative Theory of Punishments
5. Principles of Reformative Theory of Punishments
6. Reformative theory in Indian law
7. Criticism of the Reformative Theory of Punishment
8. Reformative Theory of Punishments Case law
9. Conclusion

To put it simply, punishment serves two fundamental purposes: it upholds social order and gives the victim comfort. A person's legally guaranteed rights may also be restricted or impeded in any way; this is referred to as punishment. The purpose of this article is to give readers a quick rundown of the various theories of punishment that can direct the criminal justice system's operations

The objective of Imposing Punishment

One strategy for addressing a society's rising crime rate is punishment. Sanctions and penalties are sometimes applied to provide a model for society. Upholding the rule of law and social order is the primary goal of punishment.

• to discourage potential offenders from protecting society from wrongdoers.

• to deter actual offenders from committing fresh offences

• to purge ills, convert criminals into law-abiding people, and reform them.

• to penalize criminals to keep them from committing crimes again and to rehabilitate them so that they can serve the legal system.

• to uphold the rules and regulations necessary for a nation free from crime.

Theories of Punishments

Theories of punishment discuss the history of punishment and the rationale for its use. Punishment serves to uphold the rule of law and social order. The different theories of punishment are given below-

1. Deterrent Theory

Jeremy Benthem is the author of the Deterrent Theory of Punishment. The hedonistic principle forms the foundation of the deterrence theory. The goal of this idea is to stop criminals from committing the same crime or from committing 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 of Punishment is further sub-divided into-

General Deterrent

The primary objective of broad deterrence is to prevent crimes from occurring. To do this, each defendant sets an example for others. This is the reason why people are scared to behave in the defendant's way.

Specific deterrent

The main goal of punishment is to deter crime using education. Therefore, those who commit crimes and learn about this idea may choose to repent of their deeds. Additionally, it is said that punishment modifies the offenders. This is accomplished by instilling a sense of anxiety that the penalty will be meted out again.

2. Preventive Theory

This hypothesis is based on the proverb, "Prevention is better than cure". 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, the outcomes are defence and unity.

In a similar vein, this point of view contends that the criminal should be shunned from society to deter such acts in the future. Society protects itself against the anti-social order overall by apprehending these offenders. If these individuals are given the death penalty or life in prison, it will act as a deterrent to similar crimes in the future. By removing these criminals from society, we can stop additional crimes from happening.

Contemporary criminologists approach the preventative concept differently. At first, they realized that social and economic forces had to be freed from societal structures. Antisocial behaviour should also be closely observed in individuals. This is the result of both biological and psychological constraints working together.

3. Retributive Theory

Retaliation has traditionally been used as an excuse for punishment. This perspective of view holds that misconduct should be penalized. Moreover, based on this reasoning, nobody will go to jail or prison until they breach the law.

This ideology is based on the proverb "Eye for Eye". The major goal of this approach is to equalize the pain that the victim of the offender's actions must bear. In other words, one could argue that all forms of punishment are retributive in some sense as the whole point of punishment is to restore harmony and peace to society. This theory has more validity than the others.

This approach is not particularly humanitarian because the punishment meted out to the guilty causes them undue suffering. Therefore, finding a balance between the aggravating and mitigating factors of the offence is the most important factor in determining the proper punishment.

Reformative Theory of Punishment

Part of the substance of this concept is already implied by its name. This concept helps ex-offenders rebuild their lives and become 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. This is the reason why a range of establishments are provided, including training centres, juvenile homes, reformatories, and prisons. The primary goal of this viewpoint is the rehabilitation of prisoners.

Two examples are the concepts of punishment and deterrence, both classical and non-classical. The positive perspective, which maintains that crime is mostly the result of negative thinking, is where the reformative hypothesis first emerged. This viewpoint holds that the main objective of punishment ought to be the offender's rehabilitation.

Thus, rather than punishing offenders, the goal will be accomplished by mentally rehabilitating them. If criminals have received the necessary instruction and training, they are capable of acting responsibly in social settings. Assisting the offender in getting back on track is the main objective.

What is the Reformative Theory of Punishments

The main objective of the reformative theory of punishments is to transform the mindset of the offender rather than only punishing him for his offence. The theory aims to set an example in society and make the offender safe and secure. The punishments shouldn’t only be contradictory to the offence but it should be to transform the offender for a better future. The society is what only matters, punishments shouldn't be only to humiliate or torture the offender it should be for the greater good of the community.

The reformative theory of punishments is to make an offender a citizen who abides by the law and transform the criminal into a human bringing in emotions of kindness and empathy inside him. The reformative theory works on the personality of the offender rather than only punishing him for his offence.

Rehabilitation of the offender

The main aim of the theory is to change the psychological behaviour of the offender and rehabilitate him to be a better person who obeys the laws.

The process of rehabilitation involves providing therapy, proper education to the offender, counselling sessions, vocational education, mental health education, make the offender free from drugs and alcohol. Hence, the main purpose is to add such qualities in the offender that he establishes himself as a law-abiding citizen.

Recidivism Prevention

The theory tries to address the root cause of the criminal behaviour of the offender. And the punishments which are provided aim in recidivism prevention. The theory tries to make the offender a better person so that after release from prison he does not get back to committing crimes again.

According to the theory it also provides offenders with the opportunity to overcome the mindset which led to such a behaviour of criminal nature. Rehabilitation reduces the repeating of offences.

Reintegration of offenders

Reintegration of the offenders is also one of the main goals of the theory to bring back the offenders into the society as better human beings and a citizen who contribute to the development of the society. Thus under this theory employment, financial support, and housing space are provided to the offender so that he does not repeat the same offence. Reintegration is one of the most important processes to transform if criminal mindset.

Principles of Reformative Theory of Punishments

Individual Treatment of Offenders

In a reformative theory of punishments, every offender is treated in an equal way depending on their unique needs and wants and the circumstances under which they have committed the offences. The treatment that is provided is completely individualistic and is planned accordingly.

The principle of individual treatment means that the offenders may have different backgrounds and underlying causes for their offensive behaviour.

Non-punitive approach to treatment

In a reformative theory of punishment, the root causes of such behaviour are given more emphasis rather than torturing or humiliating the offender. The treatment given under the theory is positive and works to improve the offender's mindset and future.

The meaning of non-punitive approach to treatment involves addressing the underlying causes for such behaviour rather than punishments and aims at long-term behaviour change through effective and positive interventions

Following the human rights perspective

The reformative philosophy of punishment acknowledges that even when criminals have committed crimes, they still have intrinsic rights and dignity. Respect is shown to offenders, and they are granted their basic human rights, such as the right to due process, privacy, and equitable treatment.

The goals of rehabilitation programs are to support the health and dignity of offenders as well as their feelings of self-worth and accountability to society.

Rehabilitation programs

Rehabilitation programs play a very important role under the reformative theory of punishments, the offenders are made to participate in rehabilitation programs and the opportunity is given to lead such processes that help them align with their healing processes and goals.

Community-based programs

Under the reformative theory of punishment, community participation incorporates a sense of maturity in the minds of the offenders. This practice which involves getting indulged in the community and societal work helps the offenders to find a greater perspective in life and follow the path of law and righteousness. This program also helps the offenders reconnect with their respective communities.

Reformative theory in Indian law

Various provisions outlined in the Indian Penal Code 1860 reflect the principles of the reformative theory of punishments. Various landmark cases in the Judiciary explain the reformative theory of punishment and its importance. Some of the Indian laws influenced by the reformative theory of punishments are-

Probation

According to the Probation of Offenders Act 1958, prisoners are released for a certain period under probation to encourage the offenders to remain within the community for the development of their character under the direct supervision of probation officers. This approach of probation under Section 4 of the act reflects the principles of rehabilitation and the reformative theory of punishments. The main aim of Probation is to integrate good behaviour and character in the offenders under the guidance of probation officers.

Parole

A prisoner may be given parole, which allows them to be freed from custody ahead of schedule as long as they behave well in society. In exchange for good behaviour, while incarcerated, the individual may receive an interim or permanent discharge before serving out the entirety of their term.

Juvenile justice law

The juvenile justice system deals with the rehabilitation and reformation of juvenile offenders who are children and is an example of the reformative theory of punishments. The Juvenile Justice (Care and Protection of Children) Act, of 2015 aims at reforming the mindset of juvenile offenders by providing them with education, vocational training, counselling, therapy etc.

Pardon

A pardon releases the recipient from all criminal liability, the consequences of the offence for which it was granted, and any legal or other penalties that follow a conviction.

Principles of Restorative Justice

The principles of restorative justice have become popular in Indian law in recent years. The principle of restorative justice includes victim-criminal mediation and solving the disputes within them. These principles include practices like repairing the harm caused to the victim, reconciliation and mediation between parties. This aims at rehabilitating offenders and including them in community development programs.

Criticism of the Reformative Theory of Punishment

While the reformative theory of punishment has been widely recognised and used by many law systems in the world still it lacks many principles important for handling crimes in society. Here are some of the criticisms or disadvantages of the reformative theory of punishments.

• The first criticism is that those criminals who are habitual without a proper system of punishing them the crimes in the society cannot be reduced. Without the fear or consequences of punishments, the offenders will commit offences.

• The reformative theory does not apply when the penalty is capital punishment. This is so that life, rather than death, maybe the only thing that might change the offender. Consequently, the criminal justice system's reformative arm opposes the death penalty.

• The reformative philosophy of punishment often adopts an offender-centric approach that is unfair to the victim. While trying to protect the rights of prisoners, courts may unintentionally violate the rights of victims.

• If people see that inmates are relaxed, they will be more inclined to commit minor offences and go back to prison under the pretence of reform. This is especially true in a nation like India where poverty is a major contributing cause to crime.

Reformative Theory of Punishments Case law

In the case of Mohd. Hanif Qureshi v. State of Bihar

In this case, The Indian Supreme Court noted that the reformative philosophy of punishment is predicated on the idea that people may change and that the goal of punishment should be to change the offender rather than exact revenge. The court concluded that the reformative method should be considered when deciding the appropriate sentence because the ultimate purpose of punishment is to transform the offender into a contributing member of society.

Conclusion

This article discusses the reformative notion of punishment, which holds that the major objective of punishment should be to change the offender's attitude and personality rather than tormenting or humiliating them in a jail or other penal facility. Many steps such as providing education, vocational training, skill development, and encouraging to work in community developing practices are some of the methods used in the reformative theory of punishment. The reformative theory of punishment is widely recognised by many legislations in the world.