Despite all these efforts this theory
still suffers from certain lacunae. The theory of deterrence becomes toothless while
dealing with hard-boiled criminals due to their increased resistance to the
pain; the brutal punishment or even the heavy penalties provided turn out to be
unproductive. The derision of this theory can be best observed when habitual
criminals seek or commit a new crime to return back to the prison as they take
pleasure in their captivity more than their freedom.
is proved effective & workable with certain defects. Can fear be a factor to discourage crime? Whether punishment as a
deterrence works or not? The efficacy of deterrent form of punishment can be
adduced from its application in Saudi Arabia; this system is applicable here in
all its severity. For instance in case of theft the limb of the offender is
mutilated. It is also reported that crimes are minimal in Saudi, people leave
their houses & shops unattended without a lock. However, all this cannot be
attributed to deterrence form of punishment as there several other factors viz.
Economic Security, Religious Injunctions, etc. & more so the purpose of
criminal law is wider than merely providing deterrence.
is often criticised as the theory of deterrent punishment falls short of attaining
the requisite result. A toughened wrong doer never gets uninspired by the
ruthlessness of the punishment, & the fear of sentence which was created by
such harsh punishment does not always stop him from committing a similar crime.
Moreover, the theory also fails if any criminal commits a crime without being affected
by the consequences of punishment for his crime.
(II) RETRIBUTION THEORY
means to give in return one of the archaic forms of Punishment stems from Theory
of Retribution. Retribution means in simple words ; ‘an eye for an eye’ or ‘limb
for a limb or ‘tooth for tooth’. The state machinery monopolises violence and inflicts,
on behalf of the victim or his family, private vengeance on the offender. In this
course of administration of justice, state imposes equivalent reprimand in place
of private individuals.
this theory, the offender is subjected to similar amount of pain which he caused
to the injured party. Reformation and Social well being takes a back seat and
most apt purpose of retribution is private revenge.
theory believes in “Let the punishment fit the crime”. The peaceful balance of
the society is disturbed by unlawful behaviour, & retribution helps to
reinstate the equilibrium.
supporters of retributive theory believe in just deserts, which define
justice in terms of equality, fairness & proportionality. Retribution is a
backward?looking theory of punishment. The
retributive theory focuses on the crime itself as the reason for imposing
punishment. The retributive theory looks in past rather than present & at
the transgression as the basis for punishment.