See also:pain' or loss upon a
See also:person for a misdeed, i.e. the transgression of a
See also:law or command . Punishment may take forms varying from capital punishment, flogging and mutilation of the
See also:body to imprisonment, fines, and even deferred sentences which come into operation only if an offence is repeated within a specified
See also:time . The progress of
See also:civilization has resulted in a vast
See also:change alike in the theory and in the method of punishment . In
See also:primitive society punishment was
See also:left to the individuals wronged or their families, and was vindictive or retributive: in quantity and quality' it would bear no
See also:special relation to the character or gravity of the offence . Gradually there would arise the idea of proportionate punishment, of which the characteristic type is the lex talionis,' " an
See also:eye for an eye." The second stage was punishment by individuals under the
See also:control of the state, or community; in the third stage, with the growth of law, the state took over the primitive
See also:function and provided itself with the machinery of "
See also:justice " for the
See also:maintenance of public
See also:order . Henceforward crimes are against the state, and the exaction of punishment by the wronged individual is illegal (cf .
See also:LYNCH LAW) . Even at this stage the vindictive or retributive character of punishment remains, but gradually, and specially after the humanist
See also:movement under thinkers like Beccaria and
See also:Jeremy Bentham, new theories begin to emerge . Two chief trains of thought have combined in the condemnation of primitive theory and practice . On the one
See also:hand the retributive principle itself has been very largely superseded by the protective and the reformative; on the other punishments involving bodily pain have become objectionable to the general sense of society . Consequently
See also:corporal and even capital punishment occupy a far less prominent position, and tend everywhere to disappear . It began to be recognized also that stereotyped punishments, such as belong to penal codes, fail to take due account of the particular
See also:condition of an offence and the character and circumstances of the offender .
See also:fine, for example, operates very unequally on
See also:rich and poor .
See also:Modern theories date from the 18th century, when the humanitarian movement began to teach the dignity of the individual and to emphasize his rationality and responsibility . The result was the reduction of punishment both in quantity and in severity, the improvement of the prison
See also:system, and the first attempts to study the psychology of
See also:crime and to distinguish between classes of criminals with a view to their improvement (see CRIME; PRISON;
See also:CHILDREN'S COURTS; JUVENILE OFFENDERS) . These latter problems are the province of criminal anthropology and criminal
See also:sociology, sciences so called because they view crime as the outcome of anthropological and social conditions . The man who breaks the law is himself a product of social
See also:evolution and cannot be regarded as solely responsible for his disposition to transgress . Habitual crime is thus to be treated as a disease . Punishment can, therefore, be justified only in so far as it (I) protects society by removing temporarily or 1 Talio, in juridical Latin, the abstract noun from talis, such, alike, hence "
See also:retaliation." See Exod. xxi . 24; Lev.
See also:xxiv . 20; Deut. xix . 2I.permanently one who has injured it, or acting as a deterrent,2 or (2) aims at the moral regeneration of the criminal . Thus the retributive theory of punishment with its criterion of justice as an end in itself gives place to a theory which regards punishment solely as a means to an end, utilitarian or moral, according as the
See also:advantage or the
See also:good of the criminal is sought .
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