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Punishment

Punishment is the imposition by some authority of a deprivation— usually painful — on person who has violated a law, a rule, or other norm. When the violation is of the criminal law of there is a formal process of accusation and roof followed by imposition of a sentence by a designated official, usually judge. Informally, any organized group — most typically the family, punish perceived wrongdoers.                                         

For the      most history punishment  has been both   painful and public in order to act as deterrent to others. Physical  punishments   and public   humiliations    were social events and carried out in most accessible parts of towns, often on market days; when  the greater part of the population  were  present.

Justice had to be seen to be done.

One of the most bizarre methods of  punishment   was inflicted in   ancient Rome on people found guilty  of murdering their fathers. Their  punishment was to be put in a sack with a rooster, a viper, and a dog, then drowned along with the three animals. In Greece the custom of allowing a condemned  man         to end his own life by poison was  extended only to full citizens. The philosopher Socrates died in this way. Condemned   slaves were beaten to death instead. Stoning was the ancient method of punishment for adultery among other crimes.

In  Turkey if a butcher was found guilty of selling bad meat, he was tied to a post with, a piece of stinking meat fixed under his nose, or a baker caving sold short weight bread could be nailed to his door by his ear.

One of the most common punishments for petty offences was pillory which stood in the main square of towns. The offender was locked by hands and head into the device and made to stand sometimes i days, while crowds jeered and pelted the offender with rotten vegetables or worse.

In medieval Europe some methods of execution were deliberately drawn out to inflict maximum suffering. Felons were tied to a heavy wheel and rolled around the streets until they were crushed to death. Others were strangled, very slowly. One of the most terrible punishments was hanging and quartering. The victims was hanged, beheaded and the body cut into four pieces. It remained  a legal method of punishment in Britain until 1814. Beheading normally reserved for those of high rank.

England 'block and axe' was the common method but this was different from France and Germany where the victim kneeled and the head was take off with a swing of the sword.

Because punishment is both painful and   guilt producing, its application calls for a justification. In Western culture, four basic justifications have been given: retribution, deterrence, rehabilitation, incapacitation.

What is the purpose of punishment? One purpose is obviously to reform the offender, to correct the offender's moral attitudes and antisocial behaviour and to rehabilitate him or her, which means to assist the offender to return to normal life as a useful member of the community.

Punishment can also be seen as a deterrent because it warns other people of what will happen if they are tempted to break the law and prevents them from doing so. However, the third purpose of punishment lies, perhaps, in society's desire for revenge. In other words don't we feel that a wrongdoer

should suffer for his misdeeds?

The form of punishment should also be considered. On the one hand, some believe that we should 'make the punishment fit the crime'. Those who steal from others should be deprived of their own property to ensure that criminals are left in no doubt that crime doesn`t pay. For those who attack others corporal punishment should be used. Murderers should be subject to the principle 'an eye for an eye and a tooth for a tooth' and automatically receive the death penalty.

On the other hand, it is said that such views arc unreasonable, cruel and barbaric and that we should show a more human attitude to punishment and try to understand why a person commits a crime and how society has failed to enable him to live a respectable, law-abiding life.

Prison Improvements and Alternatives

In most criminal justice systems the majority of offenders are dealt with by means other than custody — by fines and other financial penalties by probation or supervision, or by orders to make reparation in some practical form to the community.

Fine

The most common penalty, fine, avoids the disadvantages of ma other forms of sentence; it is inexpensive to administer and does not normally have the side effects, such as social stigma and loss of job that may follow imprisonment.   However, there are dangers that the imposition of financial penalties may result in more affluent offenders receiving penalties that they can easily discharge, while less affluent offenders are placed under hardens that they cannot sustain.

Restitution

Related to the fine is an order to pay restitution (in some countries termed "compensati6n").-The principle of restitution is popular in some countries as an alternative to punitive sentencing, but there are some drawbacks. One is the possibility, as in the case of the fine, that the more affluent offender may receive favourable treatment from the court because be is able to pay restitution. The second drawback is that such schemes do not help all victims of crime. Only those who are the victims of crimes for which the offender is caught and convicted and has the funds to pay restitution are likely to be recompensed. Victims of crimes of violence in some countries — such as England and Canada — are entitled to restitution from public funds, whether or not the offender is detected or has the resources necessary to compensate.

Probation

There are many ways of dealing with offenders that do not involve the payment of money. One is probation, a system that takes many different forms in different jurisdictions. However, that essentially involves the suspension of sentence on the offender subject to the condition that he is supervised while living in the community by a probation officer and possibly agrees to comply with such other requirements as the court may think appropriate. Usually, if the offender complies with the probation order and commits no further offence while it is in force, no other penalty is imposed. If he breaks the requirement of the order or commits another offence, he can be brought back before the court and punished for the original offence as well as the later one.

Suspended Sentence

In many American states probation is combined with a suspended sentence, so that the sentence the offender will have to serve if he breaks the order is fixed in advance. In England the sentence is not fixed in advance, and the court has complete discretion if there is a breach of probation terms to sentence the offender for the original crime in light of Ms later behavior.

Reparation

The concept of reparation has gained in popularity in a number of jurisdictions. Under this method, the offender makes good the damage he has done through his crime, not by paying money but by providing services to the victim directly or indirectly through the community. In England this takes the form of the community service order, under which the court is empowered to order anyone who is convicted of an offence that could be punished with imprisonment to perform up to 240 hours of unpaid work for the community, usually over a period of not more than 12 months. The kind of work involved varies according to the area, the time of year, and the abilities of the offender; in some cases it may involve heavy physical labour, but in others it may require such work as the provision of help to handicapped people. If the offender completes the hours of work ordered by the court, he receives no further penalty, but if he fails to carry out the work without reasonable excuse, he can be re-sentenced for the original offence. This method is less expensive to administer than imprisonment, less damaging to the offender and his family, and more useful to the community. There are some doubts about the extent to which the availability of community service as an alternative to prison weakens the deterrent effect of the criminal law, but there can be no doubt that community service has become an established sentencing alternative.

Disqualification

Other alternatives to prison are based on the idea of preventing an offender from committing further offences, without necessarily confining him in a prison. The most familiar power of this kind is that of disqualifying an offender from driving a motor vehicle or from holding a driver's license. Other forms of disqualification may be imposed on offenders convicted of particular types of crimes: a fraudulent company director may be disqualified from being involved in the direction of a company, a corrupt politician may be disqualified from holding public office, or a parent who sexually abuses his children may be deprived of parental authority over them.It appears, however, that imprisonment will still remain the major instrument of punishment. In light of the difficulties surrounding its use, prison ideally should be employed as a last resort for those offenders who cannot be handled in any other way.