Thursday 22 February 2018

Civil And Criminal justice,kinds of punishment theories


Civil And Criminal justice,kinds of punishment theories
Civil and criminal justice
As we have discussed earlier in our previous post about The definition Historical development  and division of Administration of justice.
Now we will discuss about the kinds of Civil justice, Administration of Criminal justice and  the theories relating to punishment.

Civil justice :

the rights enforced by civil proceedings are of tow kinds namely:

(1) Primary , and

(2) Sanctioning or Remedial rights.

Primary Rights 

This are those rights which exists as such , and they don't have source in some wrong .

Sanctioning or Remedial rights 

Remedial rights are those rights which come into being after the violation of a primary rights
For example: if (A) make a contract with (B) for some purpose , (A) have the right to get the contract fulfilled .This is (A) primary right . But if (B) does not fulfill the contract and makes a breach ,then (A) have the right to receive damages from him.This is a Remedial or Sanctioning rights.

    Administration of criminal justice

The main purpose of the criminal justice is to punish the Wrongdoer. The first question that arises about the administration of criminal justice is as to what is the purpose of punishment or what is the end of the criminal justice?
From the ancient times , a number of theories have been given concerning the purpose of the punishment .the theories of punishment are broadly divided into two classes.

   Theories of punishment

One Class of the theories say that the end of the criminal justice is to protect and add to the welfare of the state and society.
The other class of the Theories says that the purpose of punishment is retribution.

Civil And Criminal justice,kinds of punishment theories
Punishment theories

Preventive Theory

This theory is for the purpose of disabling or preventing the offender from committing the offence again.
For example , If a person committed theft ,his hands was cut away.

Deterrent Theory:

The object of this theory is to deter people from committing crime . This theory says that by punishment the Wrongdoer is made an example . It creates an awe not only in mind of the offender   
Alone ,but  also in the minds of other and deter them from committing crime.

Reformative Theory 

This theory is of recent origin ,this theory says that the offences are committed under the influence of motive upon the character .
The criminal is a product of the social,economical and environmental is believed that if the criminals are educated and trained they can be made competent to behave well in the society .this theory is proved to be successful in case of young offenders.

Retributive theory 

The origin of this theory lies in the primitive notion of vengeance against the Wrongdoer. This theory considers punishment as an end in itself .
"An eye for an eye and tooth for a tooth " is the purpose of this theory.

Expiatory theory

This theory says that by undergoing punishment the crime is expiated .if the offender expiate or repents he must be forgiven .
This theory is based on morals and as a punishment it has little value.



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