Theory says an offender commits a crime because of some personality defect, or because of psychological factors flowing from his background 1.5.1 Criticism 1. Deserved punishment for crime.”3 Justice Scalia’s answer endorses the retributive function of criminal law: just punishment for moral desert. Rehabilitation was one of the primary reasons that capital punishment was imposed in early America,13 and there are several stories of brutal murderers being rehabilitated on death row.14 Further, the idea that capital punishment is relevant to rehabilitation animates various legal doctrines. We might easily imagine a third, as suggested above in the introduction, where rehabilitation is cast as an alternative to punishment. Rehabilitation includes a broad array of programs, including mental health, substance abuse, and educational services. Rehabilitation was a central feature of corrections in the first half of the 20th century. According to this theory, the objective of the punishment should be the reformation of the criminal. 1.5 Reformative / Rehabilitation theory Says that the purpose of punishment is to reform the offender as a person. As a result, The favorability of rehabilitation programming declined in the 1970s and 1980s but has regained favor in recent years. These guidelines provide a range of time to which an offender could be sentenced, and for the first time, this comes with a minimum sentence. Finally, this description elides the Another policy instigated to increase the prison population and the uses of imprisonment as punishment were Truth-in- The Determinants of Punishment: Deterrence, Incapacitation and Ven geance Edward L . THE THEORY OF REFORMATION AND REHABILITATION: In modern times many people argue for the reformation and rehabilitation of offender in order to protect basic human rights. Rather, pun-ishment is justified by the risk individuals are believed to pose to society in the future. This rejection has largely resulted from the failure of treatment programs Garland, Punishment and Modern Society: A Study in Social Theory, Oxford, 1990, p. 146. irrelevant to rehabilitation, however, is questionable. Rehabilitian. Although rehabilitation was the dominant theory of punishment in the United States during most of the twentieth century, in the past two decades many jurisdictions have rejected it in favor of a policy of retribution coupled with an emphasis on deterrence (Reid, 2003). Garland confronts the greatest excesses of Foucault in ‘Beyond the Power Perspective: A Critique of Foucault on Punishment’, ibid., ch. thought that modern penology has abandoned that rehabilitation thing, and they -- they no longer call prisons reformatories or -- or whatever, and punishment is the -- is the criterion now. 6 Indeed, Garland stresses that the penal theory contained within Bentham’s IPML (CW) is a vision of So, according to this theory, punishment is not concerned with the nature of the offender, as is the case with rehabilitation, or with the nature of the offense, as is the case with retribution. Emphasis is placed on the person & personality of offender. 7. rehabilitation and punishment; in one rehabilitation comes after punishment, in another rehabilitation shapes (the nature of) punishment. The Rehabilitation Theory in Adjudicating Child Offenders and Its Application in Malaysia ... 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