Preventive theory for CLAT - Practice Questions & MCQ

Definition 

• The preventive theory of punishment was first formulated by the Italian philosopher Cesare Beccaria in his book On Crimes and Punishments (1764). Beccaria argued that the purpose of punishment should be to prevent crime, rather than to punish the offender or to achieve any other goal. He believed that the punishment should be swift, certain, and proportionate to the crime.
• The preventive theory has been further developed by other philosophers and legal scholars, including Jeremy Bentham, John Stuart Mill, and H.L.A. Hart.

Key Points:

• Equity and Balance: Rooted in the pursuit of equity, this theory seeks to rectify the moral imbalance created by criminal offenses, ensuring that the punishment serves as a counterbalance to the harm inflicted.
• Deserved Consequence: The core premise is that punishment is a rightful consequence of the offender's actions, reflecting the principle of "just deserts" where the severity of punishment corresponds to the severity of the offense.
• Symbol of Societal Values: Retribution also functions as a symbolic representation of society's intolerance for criminal conduct, sending a clear message that transgressions will result in appropriate repercussions.

Application and Evaluation:

• Judicial Guidance: The Retributive Theory guides judicial decision-making in sentencing convicted individuals. Judges weigh the gravity of the crime against the punishment to ensure alignment with the principle of proportionality.
• Balancing Considerations: Critics contend that overemphasizing retribution might overshadow other criminal justice goals like rehabilitation and deterrence. The challenge lies in striking a balance between retribution and broader societal objectives.

Illustrative Scenario:

• To illustrate, imagine a case of aggravated assault where an offender inflicts severe harm intentionally. The Retributive Theory would advocate for a punishment equivalent to the harm caused, aiming to reinstate justice and restore equilibrium.