Theories of Criminal Justice: A Comprehensive Overview
Posted by Mirwan bugti and classified in Law & Jurisprudence
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Introduction
The most essential functions of a state are primarily two: waging war and administering justice. The administration of justice is classified into two parts: civil justice and criminal justice. The purpose of criminal justice is to punish the wrongdoer, who is punished by the state. On the question of whether the purpose of punishment is the desire to make men better or to protect society, certain theories have been given below.
Theories of Punishment
- Deterrent Theory
- Retributive Theory
- Preventive Theory
- Reformative Theory
- Expiatory Theory
1. Deterrent Theory
"Deter" means to abstain from doing an act. The main objective of this theory is to deter (prevent) crimes. It serves as a warning to the offender not to repeat the crime in the future and also to other evil-minded persons in society. This theory is a workable one even though it has a few defects.
2. Retributive Theory
Retribute means to give in return. The objective of this theory is to make the offender realize suffering or pain. In Mohammedan Criminal Law, this type of punishment is called 'QISAS' or 'KISA'. The majority of jurists, criminologists, penologists, and sociologists do not support this theory as they feel it is brutal and barbaric.
3. Preventive Theory
The idea behind this theory is to keep the offender away from society. The offenders are punished with death, life imprisonment, or transportation for life. Some jurists criticize this theory as it may be more effective to reform the behavior of criminals.
4. Reformative Theory
The objective of this theory is to reform the behavior of criminals. The idea behind this theory is that no one is born a criminal. The criminal is a product of social, economic, and environmental conditions. It is believed that if criminals are educated and trained, they can be made competent to behave well in society. The Reformative theory is proven to be successful in cases of young offenders.
5. Expiatory Theory
Jurists who support this theory believe that if the offender expiates or repents, he must be forgiven.