The Retributive And Utilitarian Theory Of Punishment

1478 WordsMay 8, 20176 Pages
Punishment is any kind of negative penalty inflicted on the wrong doer to prevent him from doing wrong in the future. Though there is no specific definition for punishment, it implies all those acts that are required to teach the wrong doer a lesson. Taking a negative step towards the offender. Since the evolution of time, there have been many sociologists who have given their theories on punishment and how the offender should be punished. The theories vary in terms of approach taken to deal with punishment and the mindset of the offender. Sometimes the approach is to rectify the offender, give him a second chance to socialize in the community, or sometimes it is to give him a strict punishment. This paper will analyze the…show more content…
But for a retributive theory to be more effective, theorists must focus on two aspects of it, whether the theory guides the legislature charged with enacting criminal law and also to the government officials and secondly the retributist theory must also focus on the scarcity of resources. It must take into consideration that legislature has limited budget and punishment should not exceed the resources allocated, as that would be against the social laws. Classical social activists consider that this is the most effective and justifiable form of punishment as it punishes a criminal and harsh ways are used to inflict punishment on him. This satisfies the vengeance theory of society that no one should go unpunished after committing a crime. It was designed to bring equality in the legal system of the society and that equal punishment should be granted and this equality should be measured in comparison to the wrong caused. For example, according to the retributist theorists, the punishment should be on the basis of the social norms. A society might view harm caused by cannabis less than the harm caused by use of cocaine’s this theory is circumstantial and depends on the nature of the crime and situation. The purpose of the retribution should be to deter the offender from committing the crime by inflicting equal punishment on him. This will send a message to the society that those who commit crime will not be spared. Utilitarian justice aims at
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