Theories Behind Criminal Punishment - Explained
Why Does Society Punish Criminal Conduct?
Written by Jason Gordon
Updated at September 23rd, 2021
- Marketing, Advertising, Sales & PR
- Accounting, Taxation, and Reporting
- Professionalism & Career Development
-
Law, Transactions, & Risk Management
Government, Legal System, Administrative Law, & Constitutional Law Legal Disputes - Civil & Criminal Law Agency Law HR, Employment, Labor, & Discrimination Business Entities, Corporate Governance & Ownership Business Transactions, Antitrust, & Securities Law Real Estate, Personal, & Intellectual Property Commercial Law: Contract, Payments, Security Interests, & Bankruptcy Consumer Protection Insurance & Risk Management Immigration Law Environmental Protection Law Inheritance, Estates, and Trusts
- Business Management & Operations
- Economics, Finance, & Analytics
- Courses
Table of Contents
What are the theories for criminal punishment?What is Retribution?What is Deterrence?What is Incapacitation?What is Rehabilitation?What is Restoration?Discussion QuestionPractice QuestionAcademic ResearchWhat are the theories for criminal punishment?
Numerous theories or philosophies exist for imposing some form of sanction upon criminal conduct, including:
- Retribution
- Deterrence
- Incapacitation
- Rehabilitation
- Restoration
Legislators and judicial figures do not have to state their reasoning when passing criminal statutes or handing down criminal sentences.
Next Article: Federal Sentencing Guidelines Back to: CRIMINAL LAW
What is Retribution?
Retribution theory states that an individual should suffer or incur some harm for her conduct.
What is Deterrence?
Deterrence theory states that imposing sanctions on conduct will prohibit that type of conduct. Individual deterrence says that imposing sanctions will prevent an individual from undertaking that conduct. General deterrence focuses on the signaling effect that punishing a criminal has on the population. Those who are aware of the sanctions inflicted upon an individual will be less likely to undertake that conduct.
What is Incapacitation?
Incapacitation theory says that society should be protected against individuals who commit a crime for a specific period of time.
What is Rehabilitation?
This theory states that an individual receives sanctions with the purpose of allowing the individual time to mentally process her actions. This may include training to help the individual understand the wrongfulness of the conduct and, hopefully, reform and refrain from committing further criminal conduct.
What is Restoration?
This theory states that the victim deserves to be made whole (or as close as possible) from the criminal activity. The cost of making the victim whole should be borne by the criminal. This may include providing the victim with the sanctity of mind that this type of conduct will not happen again.
Related Topics
- What is Criminal Law?
- What are the elements of a crime?
- Classifications of crimes Misdemeanor vs Felony Criminal Charges?
- What is the process of bringing criminal charges?
- What is the process for executing an arrest?
- What are the exceptions to reading Miranda Rights?
- What is the process for initiating criminal charges?
- What is the Arraignment and Initial Appearance
- Investigation - Subpoena
- Common Defenses to Criminal Conduct
- Types of Punishment for Criminal Activity
- Theories Behind Criminal Punishment
- Federal Sentencing Guidelines
Discussion Question
Which, if any, of these philosophical justifications for criminal punishment convince you? Why or why not?
- Many people will identify multiple justifications for criminal punishment. One might even identify unique justifications for punishment based upon the nature of the offense.
Practice Question
The Oregon legislature is revisiting the state statutes concerning penalties for specific crimes. The legislature has asked you to testify as an expert regarding theories of criminal punishment. In a concise paragraph, provide an explanation of the primary theories supporting punishment for criminal infractions.
- There are myriad theories behind criminal punishments. Some of the most common include:
- Deterrence - This refers to having policies in place that will scare people from committing crimes. The utilitarian philosopher Jeremy Bentham is credited with articulating the three elements that must be present if deterrence is to work; the punishment must be administered with celerity, certainty and appropriate severity.
- Incapacitation - This is a very pragmatic goal of criminal justice. The idea is that if criminals are locked up in a secure environment, they cannot go around victimizing everyday citizens.
- Rehabilitation - This is a noble goal of punishment by the state that seeks to help the offender become a productive, non-criminal member of the society. This can be achieved through education programs, faith-based programs, drug treatment programs, anger management programs, and many others are aimed at helping the offender get better.
- Retribution - Retribution means giving the offenders the punishment they deserve. Under this theory, the state aims at ensuring that the punishment offered to the criminal fits the offense committed. This is best explained by the doctrine of proportionality.
- Restoration - The perpetrator is ordered to restore the victim to the state they were in before the crime was committed.