Theories of punishment | Criminology and Penology

What are the 5 theories of punishment?

Those who study types of crimes and their punishments learn that five major types of criminal punishment have emerged: incapacitation, deterrence, retribution, rehabilitation and restoration.

What are the 4 theories of punishment?

In general, there are four justifications for criminal sanctions: deterrence, incapacitation, rehabilitation, and just deserts. Since the American Founding, the influence of the four justifications of criminal punishment has varied.

What are the 3 theories of punishment?

Deterrence, incapacitation, and rehabilitation are all arguments that look to the consequences of punishment. They are all forward‐looking theories of punishment. That is, they look to the future in deciding what to do in the present. The shared goal of all three is crime prevention.

What are the 2 main theories of punishment?

The two most prominent theories of punishments are utilitarian and retributive. Utilitarian theories focus on rehabilitating the criminal and deterring other people from committing crimes. Retributive theories focus on punishing criminals because they deserve it.

What are the major theories of punishment?

There are majorly four theories of punishment. These theories are the deterrent theory, retributive theory, preventive theory, and reformative theory.

What are the various theories and forms of punishment?

The theories of punishment are as follows:

RETRIBUTIVE THEORY.

DETERRENT THEORY.

PREVENTIVE THEORY.

INCAPACITATION THEORY.

COMPENSATORY THEORY.

REFORMATIVE THEORY.

UTILITIRIAN THEORY.

What is positivist theory in criminology?

Positivist Theory

The primary idea behind positivist criminology is that criminals are born as such and not made into criminals; in other words, it is the nature of the person, not nurture, that results in criminal propensities.

What is retributive theory of punishment?

Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offence.

What is the utilitarian theory of punishment?

The utilitarian theory of punishment seeks to punish offenders to discourage, or "deter," future wrongdoing. The retributive theory seeks to punish offenders because they deserve to be punished. Under the utilitarian philosophy, laws should be used to maximize the happiness of society.

What is radical theory in criminology?

In criminology: Sociological theories. Radical theories tend to view criminal law as an instrument by which the powerful and affluent coerce the poor into patterns of behaviour that preserve the status quo. One such view, the so-called “peacemaking” theory, is based on the premise that violence creates violence.

What is the difference between classical and positivist theory?

The classical school utilizes philosophy to try to understand why people break the law, while the positivist school uses science. Positivism considers the factors that affect juveniles and adults to be much the same: employment, poverty, family life, culture, health, etc.

What is the difference between retributive and distributive justice?

This article points out that there are four different types of justice: distributive (determining who gets what), procedural (determining how fairly people are treated), retributive (based on punishment for wrong-doing) and restorative (which tries to restore relationships to "rightness.")

What is incapacitation punishment?

In punishment: Incapacitation. Incapacitation refers to the act of making an individual “incapable” of committing a crime—historically by execution or banishment, and in more modern times by execution or lengthy periods of incarceration.

What is mixed theory?

Mixed theories hold that punishment is just only if two conditions are met: It has desirable consequences, such as the deterrence of crime. It is inflicted only on those who are guilty of violating the law.

What is retributive justice examples?

There are still many cultures throughout the world where aspects of their criminal justice system practices retributive justice in some instances, such as in Sharia law. For example, an Iranian man convicted of throwing acid into the face of a four-year-old girl, blinding her, was in turn blinded for his punishment.

What is Marx theory?

Marxism posits that the struggle between social classes—specifically between the bourgeoisie, or capitalists, and the proletariat, or workers—defines economic relations in a capitalist economy and will inevitably lead to revolutionary communism.

What is anomie and strain theory?

Anomie and strain theories are among the first truly sociological explanations of the causes of deviant behavior. These theories seek to understand deviance by focusing on social structures and patterns that emerge as individuals and groups react to conditions they have little control over.

What is the difference between classical and neoclassical theory in criminology?

While classical criminology depicts deterrent measures as a way to prevent crimes, neoclassical criminology studies the scientific evidence to determine a just punishment for crimes. Both schools of thought don't recognize the socioeconomic impact of crimes.

What is the difference between classical neoclassical and positivist theory?

The major difference between the two theories are that classical school is mainly based on free will and suggests that crime as a choice, whereas positivism criminology argues that crime is not a choice.

What is the difference between classical and neoclassical theories?

While classical economic theory assumes that a product's value derives from the cost of materials plus the cost of labor, neoclassical economists say that consumer perceptions of the value of a product affect its price and demand.

What is an example of positivist criminology?

This school of thought creates a relationship between criminal behavior and the psychological or sociological traits of the offender. For example, the positivist theory will link a crime to the lack of parental care rather than the calculated decision of the offender.

Who is the father of positivist criminology?

Cesare Lombroso

Cesare Lombroso was the founder of the Italian school of positivist criminology, which argued that a criminal mind was inherited and could be identified by physical features and defects. Lombroso, while not aware of Gregor Johann Mendel's work on heredity, was inspired by Franz Joseph Gall's phrenological theories.

What is the difference between retributive and restorative justice?

Retributive justice essentially refers to the repair of justice through unilateral imposition of punishment, whereas restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral process.

What is the difference between commutative and distributive justice?

This is what Plato meant when he argued that 'justice is giving each person their due', and what Aristotle implied by saying that distributive justice involves 'treating equals equally' and commutative justice involves giving people what they deserve.

What's the difference between social and distributive justice?

While distributive justice concerns itself with the welfare of an individual, social justice concern itself with the welfare of a social group. Sometimes they both come in conflict.

What is retribution in criminology?

The punishment that someone receives as revenge for his committing of a criminal act.

What is deterrence law?

Deterrence "refers to the imposition of a sanction for the purpose of discouraging the offender and others from engaging in criminal conduct." When it is targeting the offender in court, it is referred to as "specific deterrence", when it is targeting others, it is "general deterence".

What is an example of deterrence?

First, by increasing the certainty of punishment, potential offenders may be deterred by the risk of apprehension. For example, if there is an increase in the number of state troopers patrolling highways on a holiday weekend, some drivers may reduce their speed in order to avoid receiving a ticket.

What is the classical theory?

The classical theory implies that every complex concept has a classical analysis, where a classical analysis of a concept is a proposition giving metaphysically necessary and jointly sufficient conditions for being in the extension across possible worlds for that concept.

What is an integrated theory?

Integrated theories are theories that combine the concepts and central propositions from two or more prior existing theories into a new single set of integrated concepts and propositions. 

What is distributive justice examples?

Distributive justice certainly is achieved when equals receive the same allocation of benefits. For example, public programs that provide social security or medical care to all elderly and retired persons are examples of distributive justice in a constitutional democracy.

What is restitution law?

In criminal cases: Full or partial compensation for loss paid by a criminal to a victim that is ordered as part of a criminal sentence or as a condition of probation.

What is Chambliss theory?

In 1976 William Chambliss published his theory that criminalization is part of the political economy, political power struggle and bureaucratic organization. His remarks on power relations refer to the categories of “social class” and “social injustice”.

What is the Marxist theory of punishment?

The claim Marx makes is the core claim of radical criminologists: that punishment is an instrument used by society to defend itself so that it may maintain itself—punishment is useful in preserving society.

What is the role of punishment in neoclassical criminology?

The role of punishment in neoclassical criminology is a deterrent from committing the same crime, or similar crimes, in the future.

What is the relationship between punishment and classical and neoclassical thought?

Classical believes punishment is the end of deterrence. Deterrence is the use of punishment as a threat to deter people from offending. Neoclassical believes punishment should be expanded to support the concept of retribution and revenge.