Political Science, asked by sahasragraphics99, 8 months ago

criticism for preventive theory of punishment​

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Answered by GauravVerma007
2

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The fear of acts which disrupt social equilibrium has inspired the imposition of punishment by those who have the power to establish and enforce the desired standards of conduct.”

-Joel Meyer, Reflections on Some Theoriesof Punishment1

In total, there exist five theories of punishment, but, the preventive theory, the deterrenttheory and the retributive theory are considered as the main three theories of punishment.

The deterrence theory suggests that the punishment which is awarded is to deter (stop) people from committing crimes by creating fear; while the purpose of the retributive punishment isthat the criminal should pay for his or her crime, this theory further prevents private vengeance as the State inflicts pain or injury on the wrong-doer for the crime he has committed, the moral satisfaction obtained from the punishment is given importance. The preventive theory of punishment seeks to prevent prospective crime by disabling the criminal.

The Preventive Theory

“There can be no case in which the law-maker makes certain conduct criminal without his thereby showing a wish and purpose to prevent that conduct. Prevention would accordingly seem to be the chief and only universal purpose of punishment. The law threatens certain pains if you do certain things, intending thereby to give you a new motive for not doing them. If you persist in doing them, it has to inflict the pains in order that its threats may continue to be believed.”

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