Preventive theory. Relation Between Deterrent And Preventive Theory Of Punishment 2022-12-27
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Preventive theory is a concept in the field of psychology that refers to the idea that individuals can take proactive measures to prevent mental health problems from occurring or worsening. This theory is based on the belief that it is better to prevent a problem from occurring in the first place, rather than waiting for it to happen and then trying to fix it.
One way that preventive theory can be applied is through the use of prevention programs. These programs are designed to educate individuals about the risks for mental health problems and teach them the skills and strategies needed to cope with stress and other challenges. Prevention programs can be targeted at different populations, such as children, teenagers, or adults, and can be delivered in a variety of settings, including schools, workplaces, and community centers.
Another important aspect of preventive theory is the concept of risk and protective factors. Risk factors are characteristics or circumstances that increase the likelihood that an individual will develop a mental health problem. Some examples of risk factors include a family history of mental illness, experiencing trauma or abuse, and having low social support. Protective factors, on the other hand, are characteristics or circumstances that decrease the likelihood that an individual will develop a mental health problem. Examples of protective factors include having a strong social support network, being physically active, and engaging in healthy coping strategies.
Preventive theory can also be applied to the design of policies and programs aimed at improving the mental health of entire communities. For example, policy makers might consider creating laws or regulations that promote mental health, such as requiring employers to provide mental health benefits to their employees or investing in mental health resources in schools.
Overall, preventive theory is a valuable approach to mental health that emphasizes the importance of proactive measures to prevent problems from occurring or worsening. By focusing on prevention and addressing risk and protective factors, individuals and communities can work to promote mental health and well-being.
Types, Techniques and Theories of Punishments
If you persist in doing them, it has to inflict the pains in order that its threats may continue to be believed. He has always kept pride as his everything. If you have any Questions or Feedback, click here to hello lawmint. In Dr Jacob George v. Further, the law does not give any provision for imposing penalty in non -compliance.
In the arena of criminal law, punishment is awarded due to the wrongful intension involved in crime. A person is said to have been punished when some sort of pain is inflicted upon him. By instilling the fear of punishment 2. State should determine such Penalty which may prevent crimes and by which criminals may learn lesson. The effectiveness of the preventive theory banks on the factor of timeliness; if there is a holdup in the inquiry or investigation, the punishment or sanction would be rendered futile.
What Is Preventive Theory Of Punishment And Why It Does Not Influence Any Change In The Offender
Crime will be deterred if the punishment is awarded quickly and rapidly. Nirbhaya was raped, her body was mutilated. The temporary prevention means limited disablement which can be imprisonment for particular time duration whereas permanent prevention refers to unlimited disablement that is life imprisonment and death penalty. The Protocol to the American Convention on Human Rights to Abolish the Death Penalty, adopted by the General Assembly of the Organization of American States in 1990, provides for the total abolition of the death penalty but allows states parties to retain the death penalty in war. It inflicts pain on the criminal and prevents private vengeance. Retribution is only a subsidiary purpose served by punishment. But the aims of preventive theory of punishment can only be realised when an efficient legal justice system is in place, which, sadly, is not the case in India.
There are Five different Theories of punishment being used in law to punish the wrong-doers. Some of the punishments advocated by the followers of this philosophy are — jail, probation, reformatory homes, vocational training etc. Several crimes are committed by him under The pressure of social circumstances beyond his control. Death penalty and life imprisonment are some of the punishments awarded under this theory. As a result, according to Thomas Hobbes, to bring an end to this chaotic and egocentric society, punishment was introduced to make individuals agree to the terms of the state and so that an order is maintained in the society. Responses to wrongdoing have been distinctive at various phases of human development. Individuals, who know how to regard laws, are in no need of any such praiseworthy presentations.
It lays much emphasis on the moral reform of the criminal, but morality cannot be Attained by external measures. Its major aim is to safeguard the society from the criminal by putting him behind bars and consequently eliminate the potential dander caused due to their presence. The justifications may also depend on customs and traditions, level of knowledge, and certain socio-economic conditions. Preventive theory was supported by utilitarian law reformers. Under Section 357 1 of the CrPC.
Today to give discipline is the obligation of the State. According to critics, if the purpose of the punishment is accepted to create fear and Terror in others, the measurement of the seriousness of the crime will be the fact as to How much pain has been inflicted by the crime to others, instead of the calculation that How much fear should be attached with it so that others are refrained from doing so. This theory is based on the idea of preventing …show more content… One is of worldwide scope; the other three are regional. By disabling the wrong-doer from committing any crime. Also, exemplary punishments such as mutilation or death sentence are considered too harsh, and are not allowed by most countries, since they take away basic human rights.
The Preventive Theory: A detailed Explanation ⋆ LAWYERS GYAN
Under this, the offender was dismembered from the part of his body that has committed the offence. Criticism of the Preventive Theory The main criticism of this theory is that Preventative Punishment has the undesirable effect of hardening first offenders, or juvenile offenders, when imprisonment is the punishment, by putting them in the association of Hardened Criminals. It recommends that prisonisation is the best method of wrongdoing avoidance as it looks to dispense with guilty parties from society in this manner impairing them from rehashing wrongdoing. Incapacitation influences capacity and an chance to perpetrate criminal act, yet has no effect on passionate and criminal goal furthermore, desire for benefit. The retributive theory ignores the causes of the crime, and it does not strike to the removal of the causes. Thus, followers of this theory advocates capital punishments to the offenders.
Explain the idea propounded by the preventive theory of punishment. Therefore, they are asked to segregate themselves from the society. Theories of Punishment Punishment is not without motive, because the act of inflicting unsolicited outcomes on an individual calls for justification. Thus, by reducing the punishment, the supreme court blended correction with deterrence. In the middle ages, this theory was very popular and Accordingly hands, legs and nose, etc. The law threatens certain pains if one does certain things, intending thereby to give one a new motive for not doing them.
However, state considers it necessary to inflict pain upon the wrongdoer in order to prevent vengeance. Best mode of crime prevention according to the preventive theory is imprisonment as if effectively helps in disabling criminals from repeating the offence. The critics are also of the view that in the event Of error while inflicting the punishment, the possibility of reforming hum and rectifying the Mistake does not remain. Union of India and Ors, 1995 1 SCC 15. State of Kerala 4 It was stated, that the purpose of punishment is four-fold. It depends upon promptness and any delay renders the punishment ineffective. The theories provide a philosophy which forms the base of a legal system resting on punishment as a means of checking crime.
It works on the principle that an individual will only get punished when that punishment serves as a boon for the society as a whole. Any form of lethargy in delivering punishment, renders it incapable to achieve the desired goal. Earlier deterrent form of punishment was given in the form of incapacitation which made it impossible for them to commit that crime again. It basically discourages the offender from doing the crime. Corporal punishment is a barbaric form of punishment which includes punishments like modulation, flogging or whipping and torture; which may even lead to the death of the offender. The effectiveness of the preventive theorydepends on the factor of promptness, if there is a delay in the inquiry or investigation, the punishment or sanction would be rendered ineffective. What is the prevention model? It must be for any lawful off-base.
