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Punishment describes the imposition by same authority of a deprivation-usually painful-an a person who has violated a law, rule, or other norm. When the violation is of the criminal law of society there is a formal process of accusation and proof followed by imposition of a sentence by a designated official, usually a judge. Informally, any organised group-most typically the family, in rearing children-may punish per¬ceived wrongdoers.
Because punishment is bath painful and guilt producing, its application calls for a justification. In Western culture, four basic justifications have been given: retribution, deterrence, rehabilitation, and incapacitation. The history of formal punitive systems is one of a gradual transition from familial and tribal authority to the authority of organised society.
Criminal sentences ordinarily embrace four basic modes of punishment. In descending order of severity these are: incarceration, community supervision, fine, and restitution. The death penalty is new possible only far certain types of atrocious murders and treason. Most states provide for a wide discretion in choosing which type of sentence to impose. This discretion is usually vested in the judge, although it may be shared by other officials, such as probation and parole authorities. Only general guidelines exist for the selection of sentences, based upon individual facts of each case. The problem of widely differing sentences given for the same crime, however, has led to an attack upon individualised sentences based an the offender\'s perceived characteristics. Limitations an sentencing discretion have been proposed (and enacted in same jurisdictions-for example, at the U.S. federal level in 1984) in the forms of mandatory sentences, explicit guidelines for judges, and the abolition of parole.
Criticism of the present PRISON system of punishment has focused mainly an its rehabilitative and preventive functions. Critics paint out that recidivism- the commission of another crime after the offender has served a sentence for the first-is high. Thus the system seems in-effective as a cure far, or a restraint upon, those factors in offenders which may lead to criminal acts. Further more, because there is no way to predict the future behaviour of individuals, the length of sentence and the release date may have no relationship to the prison time necessary to effect a cure in, or rehabilitate, an offender. Many criminologists insist that there is no adequate body of
empirical evidence to demonstrate that any punishment, CAPITAL PUNISH-MENT included, has a restraining effect an potential criminal behaviour.
Punishment is an ancient practice whose presence in modern cultures may appear to be out of place because it purposefully inflicts pain. In the minds of most people, however, it continues to find justification.
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