Prison and punishment is a part and parcel of the criminal jurisprudent. Prisons play a vital role in the administration of criminal justice system by aiding the courts in the due execution of the sentences awarded by them. Prison is like a tree of which criminal jurisprudent is a root and punishment is the branches of that tree and the fruit of that tree is the consequence of punishment on the offender. To punish criminals is a recognized function of all civilized States for centuries. From age-old traditionalism to recent modernism, broadly speaking four types of concept of punishment prevail, which modern penologists prefer to call “ theories of punishment”, are as follows:Deterrent ...view middle of the document...
In The Muslim Family Laws Ordinance, 1961 , this type of punishment is called 'QISAS' or 'KISA'. Preventive Theory: Preventive philosophy of punishment is based on the proposition ‘not to avenge crime but to prevent it’. The theory seeks to prevent the recurrence of crime by incapacitating the offenders. It suggests that prisonisation is the best mode of crime prevention as it seeks to eliminate offenders from society thus disabling them from repeating crime.
Reformative Theory: The idea behind this theory is that no one is born as a Criminal. The criminal is a product of the social, economic and environmental conditions. Hence, reformative approach to punishment seeks to bring about a change in the attitude of offender so as to rehabilitate him as a law abiding member of society. Thus, punishment is used as a measure to reclaim the offender and not to torture or harass him. Reformative theory condemns all kinds of corporal (Deterrent Theory, Retributive Theory, Preventive Theory) approach punishments.
Classical school: It is the first school which developed a systematic judicial system. This school emphasis on the act (crime) rather than the criminal. Punishment should be based on pleaser or pain. The central theme of penal policy advocated by adherents of classical school was equality of punishment for similar offences. Neo-classical school: This school suggested that punishment should be awarded in varying degrees depending on the mental condition and intent of the criminal. This school first time made a distinction between responsibility and irresponsibility, sanity and insanity of offender while committing crime. Raffaele Garofalo: Raffaele Garofalo of the Italian or positivist school of criminology was a critic of reformative theory of punishment and believed that it had only a limited utility in cases of young or first offenders and it hardly served any useful purposes in cases of recidivist and hardened criminals. He also rejected deterrent punishment because it failed to determine the exact amount of punishment for a given offence under varying social circumstances. Hence, he recommends transportation or banishment of certain types of offenders (recidivist, hardened criminals) who had to be segregated form society.
Enrico Ferri: Ferri belief that purpose of a punishment should not be curative but be preventive. To prevent crime for committing his recommendation were: 1. Promotion of free trade, 2. Abolition of taxes which may influence revolution, 3. Making/ construction of wide street, 4. Reduction of excessive holiday, and 5. Provision of leisure activity.
International human rights obligations of Bangladesh to protect the rights of the prisoners:
The prisoners have rights and obligations under the following statutes:
1. Declaration of the Rights of Man and the citizen, (1789) : Article 7: No person shall be accused, arrested, or imprisoned except in the cases and according to the forms prescribed...