Punishment: research and theoretical perspectives

Sociology -- Punishment

Crime is one of the most immediate concerns that society must address as a whole. The prevalence of crime leads to the eventual degradation of order in society, to which man is relegated to savages wherein every man is pitted against every man. Along this line of establishing the necessary order, society needs a clear set of rules that define punishment for any infraction or deviation from any rule. Society through government institutes the rules of punishment and the procedures that must be followed. Such procedures are grounded on the rationality that the punishment must be equal to the offense done. More importantly, the process through which the punishment is given should be premised on equitable approaches that safeguards the rights of every person for the due process of the law.

Heywood defines punishment as a penalty inflicted on a person for a crime or offense. Heywood clarified that punishment possesses a moral character that distinguishes it from vindictiveness; it is justified because of the wrong that was done. Heywood noted that retribution is shown when one takes vengeance against a wrong doer. The retribution theory suggests some very specific forms of punishment. Because punishment is vengeance it should be proportional to the wrong done, the punishment should fit the crime. Heywood reiterates that the retribution theory is therefore of greatest value in societies where traditional moral principles, usually based upon religious belief are still widely respected, but it is less applicable in the secularized and pluralist societies. (Heywood, 2000: 255-256)

Heywood described another type of punishment as deterrence. According to the deterrence theory, punishment is a device that aims to deter people from crime or anti-social behavior by making them aware of the consequences of their actions. Fear of punishment is therefore key to order and social stability. Heywood stated that to punish the wrong doer is to set an example to others; the more dramatic that example the more effective its deterrent value. Heywood emphasized that the deterrence theory sets no limits to the form of punishment that may be applied, even for the most trivial offense. (Heywood, 2000: 256)

Another type of punishment is rehabilitation. The idea of reform and rehabilitation refers to a theory wherein there is a shift of responsibility for wrongdoing away from the individual and towards society. The criminal is not thought of as somebody who is morally evil or who should be made an example of rather the criminal should be helped, supported and educated. It is based upon an essentially optimistic view of human nature. Along this line prison regimes should be designed to promote self-esteem and personal development and should give transgressors the opportunity to acquire skills and qualifications, which will help them to reintegrate into society after their release. Punishment as such is viewed as a form of personal engineering, designed to produce better people through a process of re-education. (Curan and Renzeth, 1998)

Davey in relation to the theory of rehabilitation argued that during the past twenty years, we have seen an unprecedented move in the direction of massive incarceration of those convicted of crime. Davey reasoned that the approach prevalent at a particular time depends largely on the social and political climate. For example, in the early 1970s, the declared goal of incarceration was rehabilitation but as crime rose, support for this liberal position diminished. (Davey, 2002) as criminologist Kevin Wright has pointed out, "Federal, state and local governments have reacted to public sentiment by passing legislation that provides for longer sentences for violent crimes and legislative, executive and judicial bodies are streamlining due process rights to protect the innocent rather than the guilty" (Wright, 1985: 95)

Social protection is evident in the growth of community-based preventive programs has contributed to lower crime rates. These programs are characterized by the delivery of basic social services that include food, shelter and education. The programs are implemented by non-government organizations, church, cause oriented groups and other members of civil society. It has been argued that prevention has taken the backseat to incarceration in the recent years. (Currie, 2002)