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CRIMINAL LAW AND THE REFORMATIVE THEORY

Courtesy/By: Amulya Bhat | 2019-06-03 18:57     Views : 251

Criminal justice theory is a branch of philosophy that deals with criminal justice and punishment. A theory that forms a very crucial part of criminal justice is the reformative theory. The reformative theory usually involves the process of sending the offender to a rehab centre and aiming to rehabilitate him to norms and rules of the society. This is done in order to make the offenders live a normal life. The rehab centres are usually prisons or correctional homes which aim in transforming the law offenders to a law-abiding member. The inmates are usually treated and when the centre feels that they can mingle and mix with the society they are let to go or released from that centre.


A person usually commits a crime which is usually for two reasons, either because his motive is stronger or because the restrain and pressure put on his character is weaker. The reformative theory usually aims at strengthening the character of the man in order to remove his weakness or temptation
and motive. The main aim of this theory is to improve his character and help him begin a new life for him. The efforts to also abolish the death penalty started in the year 1956 1 and has not been successful till date. The most humane and recent theory is based on reforming the legal offenders. This theory also puts forward that criminals must not be looked upon in an inhumane form. It is true that the crime rate has increased in the present day, but the number of law offenders being reformed and starting a new life has been improving at a great scale.


The theory if used collectively will be perfect, but it seems a joke to use it in a practical sense. Murder, human or drug trafficking cannot pe punished with community sentence but one who commits small petty thefts can be given alternative sentencing or can be recommended for the same. “Punishment according to the reformative theory is seen as reforming or rehabilitating the offender but not to destroy him.” 2

Courtesy/By: Amulya Bhat | 2019-06-03 18:57