Presentation

Kashif Raza
Roll no 39

Theories of
Punishment
 Pakistan`s Ranking
Rule of Law in Pakistan
Pakistan’s overall rule of law score decreased
by less than 1% in this year’s Index. At 130th
place out of 139 countries and jurisdictions
worldwide, Pakistan remained in the same
position in global rank.
Pakistan’s score places it at 5 out of 6 countries
in the South Asia region* and 30 out of 35
among lower-middle income** countries.

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Regionally, South Asia’s top performer in the
Index is Nepal (70th out of 139 countries
globally), followed by Sri Lanka and India. The
three countries with the lowest scores in the
region were Bangladesh; Pakistan; and
Afghanistan (134th out of 139 countries
globally).

In the last year, 6 out of 6 countries declined in

South Asia. Of those 6 countries, 5 had also
declined in the previous year.

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PAKISTAN OVERALL GLOBAL RANK:
130/139

PAKISTAN OVERALL REGIONAL RANK*:

5/6

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 Deterrent Theory
Mackenzie “To deter others from committing
similar offence
Williams Lillie “When the judge makes an
example of some offender”

4 types
• Specific
• General
• Marginal
(Focuses on the relative effectiveness of different types of punishment)
• Partial
(Involves partial abstaining from crime or part of crime )

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Utilitarian or consequentialists are the main
advocator of this theory and they “ want a system
of punishment designed so that everyone can feel
maximum of security”
• Act Utilitarianism
• Rule Utilitarianism
Critical Evaluation
• Deter only same kind of acts
• Treats offender as a means in order to
benefit others
• Criminal is treated as outsider
• Not Focus on justice but only on crime
prevention

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Retributive Theory
It holds when a criminal has done a crime then he or
she has forfeited his rights of equal value.
An eye for an eye is not valid now.
Now- Punishes by means which is mainly
proportionate to the crime rather than an eye for an
eye approach.
• Desert based retributivism
• Forfeiture based retributivism
• Fairness based retributivism
According to Mackenzie “the most satisfactory of all
the theories of punishment”

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Critical Evaluation
• Uplifts revenge
• There is always the
possibility of crossing the
line while punishing
criminal .
• Law breaking must not
always result in retribution
by punishment (terrorists)

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 Reformative Theory

• Grounded by Plato as he thought that “We ought

not to repay injustice with injustice or to do harm to
any man, no matter what we may have
suffered”( Jowett ,2012)
• The goal of this theory is “ to restore a convicted
offender to a constructive place in society through
some combination of treatment , education and
training( Clear and Cole 2000)
2 Ways of Rehabilitation
× Deontological
× Consequentialist
Critical Evaluation
× Crime is social construct
× Offender may not necessarily be different from others . But
their behaviour may reflect labelling process.
× Cannot reform hard-core criminals

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 Top world economies and theory
of punishment prevailing and
crime rate
× The process of rehabilitation and that of reformation is
rarely found in the prisons. In fact, in the US, one in 100 US
adults is behind the bars.The rate of putting people in jail is
more in the US than in any other country. Yet, more than
three-fourths of the prisoners are released early that often
leads them to cause a wrongful act or a crime again, thus,
resulting in putting them behind the bars again.according
to the researchers, the kind of theory of punishment
prevalent is a deterrent and retributive theory.
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× The crime index in the US as per 2019 is 46.73 with a population of
approximately 331 million. The crime rate in the US from 1995 till
2016 has reduced from 8.11 to 5.35 per 100 thousand population

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China
China is the largest of all the Asian
countries and its criminal law is based on
the socialist system i.e. The reformation
of the criminals

China as being the most populated has

met great achievements in criminal reform
by the implementation of such a theory.
About 0.4 million cases occur every year
in China but the crime incidence rate
among the population is only about 2 per
1000 population per year which is the
lowest in the world
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The crime index of
the most populated
country as per 2019
is 36.7 where the
population was
approximately 1.4
billion. The crime
rate is ever
decreasing from
2000 until 2016 from
2.09 to 0.62 as per
100 thousand
population.

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Japan
The criminal law system in Japan is based on the civil
law of the country. The accused as a person is
considered innocent until he has been proven guilty
of the crime committed or of any wrongful act. The
burden of proof lies within the prosecutor.

The crime index in Japan as per 2019 is 15.91 where the

population was approximately 126 million. The crime rate is
ever decreasing from 1995 until 2016 from 0.54 to 0.28 per
100 thousand population. Thus, the implementation of
deterrent and reformative theory of punishment has met
great success in reforming the crime rate
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United Kingdom
According to the researchers, deterrence is the most
favoured theory of punishment in the UK where the
punishment is in accordance with the crime committed.
The crime index in the UK is 43.64 with a population of
approximately 67 million.The crime rate in the UK has
reduced from 1995 till 2016 from 1.47 to 1.20 per 100
thousand population showing the successful nature of
such a theory of punishment.

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 The crime index in India as per 2019 is 42.38 with a
India population of approximately 1.38 billion. The crime rate
According to the has also declined from 1995 till 2016 from 4.37 to 3.22
researchers, the per 100 thousand population.[
kind of theory of
punishment
prevalent is a
deterrent and
reformative theory
in India.
Analysis

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× Thus, punishment given to the
criminals according to these theories
is not only to punish them but also to
curb the crimes and offences. The
researchers would like to conclude
that, these theories of punishment do
not provide a full guarantee to
remove the crimes from society, but
the effective implementation of such
theories can help in the reduction of
the crime rates.

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Thanks!
Any questions?

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