What are the theories of punishment?

Theories of punishments are concepts that determine the type of punishment

to be meted out for a specific type of crime. The severity of the crime is
considered and the motive is also an important factor while determining the
type of punishment meted out.

Five theories of punishment are:

• Deterrent theory:
The purpose of a deterrent punishment to show the futility of the crime
committed and send a message to others in society. An example of
deterrent punishments is capital punishments.

• Preventive theory:
These punishments are more severe because their purpose is to create
fear in the minds of the offenders and disable them from committing such
crimes. Preventive theory of punishment focuses on:

o Creating fear in the minds of all prospective offenders.

o Disabling the offender from committing any other crime.
o Transforming the offender so that he does not commit such
crimes in the future.

Examples of preventive punishments are fines, imprisonments, etc.

• Reformative theory:
The punishments meted out to offenders according to the reformative
theory are based on strengthening the character of the offender so that
he does not yield to temptations to commit crimes. The focus is on curing
the mental state of the offender. The reformative theory advocates
 rehabilitative and reformative techniques to transform the offender. The
offenders are empowered so that they look for ways of employment or
self-employment. These boost their economic status thereby eliminating
the prime motive to commit a crime.

Examples of punishments based on reformative theory are jail,

probation, vocational training, etc.

• Compensation theory:
The objective of this theory is not just to punish the offender but also to
compensate the victim of the crime.

• Retributive Theory:
The punishments based on the retributive theory of crime address the
primitive spirit of vengeance in the offender. These punishments also set
an example to society at large that “criminals shall pay for their crime
irrespective of the cause for committing the crime.”

An example of a punishment based on retributive theory is the death sentence

for a murderer.