The Purposes of Punishment
There is a tendency in man to deviate from the right path and act in such a way that the interest of another is injured. Society binds its members to a certain line of conduct so as to ensure security for all. It is this function of ensuring safety through the right behavior that has given rise to the idea of punishment. Punishment is intended to prevent, deter and reform.
The individual is a member of society and he needs society for the development of his personality He has his freedom but it cannot be absolute. His freedom to direct his own share of the common life is balanced by the freedom of society to dissociate itself from his actions which conflict with its interests- Therefore, punishment is essentially disowning by the society of acts done by its members when such acts are In conflict with the general interest.
The theory of retribution has few defenders today. The main objection to retributive theory is that it inflicts pain for the sake of pain. Hammurabi’s famous code contained the principle of “an eye for an eye”. Society feels that the criminal should get the taste of violence that he has inflicted on his victim. The penalty given is to be equated with the seriousness of the crime. Thus, when a criminal is punished, society is expressing its antagonism and this, it is said, is necessary for the preservation of the character of society. Those who oppose this purpose of retribution believe that the aim of penal sanction is not a revenge for retribution which is associated with revenge is incompatible with forgiveness. However, it must be observed that the only person who can feel revengeful is the injured person. If A injures B. it is absurd for C to forgive.
When a person is sent to prison for life or hanged, he is prevented from repeating his offense. If he is sent for a period of time, he may be deterred from committing further crimes. Punishment can also have a deterrent effect on would-be criminals. It is possible that one who is punished realizes the error of his ways. In prison, he may be visited by the chaplain or the psychiatrist and he may decide to go straight in the future. But there is the opposite view that when a prisoner is discharged he is charged to the eyes with venom and hatred and therefore punishment cannot have a deterrent effect.
The modern tendency is towards reform and society’s attitude towards criminals today is more humane. Punishment is no longer an occasion for community entertainment. Society, instead of disowning him, tries to understand him because punishing a criminal is like treating the symptoms of a disease. A case study is made of the criminal and psychologists and social workers try to detect reasons for the actions of the criminal. Some of the factors considered to be responsible for crimes are lack of affection at home, the environment, upbringing, and frustration. The aim is to remove the factors that make a man deviate from the right path and help him to fit himself into society. In the prison, the emphasis is on reform. He is taught a skill so that his prison term could be profitably spent and he could secure a job on release. The remedial measures adopted are intended to make a criminal a normal person. After all, killing the offender does not revive the life of the victim.
Punishment, in essence, is the method by which society tries to maintain its moral standard. It also enables others to enjoy their freedom. As understood today, it is not revenge. The aim is to guarantee each man to run his own life as he thinks fit until he has done something which gives society reason for invading his freedom.
