CRW 2601CRIMINAL LAW DOCUMENT

THEORIES OF PUNISHMENT: ABSOLUTE THEORY: (a) Retributive The theory of retribution is purely retrospective and foresees on the crime that was committed in the past. RELATIVE THEORY: (a) Preventative (b) Deterrence (i) General deterrence (ii) Individual deterrence (c) Reformative • The emphasis is on a future purpose, namely; prevention, deterrence and reformative. In order to achieve these aims the punishment imposed need NOT be in proportion to the harm done. • Punishment is only a means to a secondary end or purpose: e.g. 1. Preventative theory; it is the prevention of crime. 2. Deterrent theory; it is to deter either the individual or the society as a whole from committing the crime. 3. Reformative theory; is the rehabilitation of the criminal. *NOTE: all of these theories are applied in deciding what would be an appropriate sentence for committing an offence. The authority on this point is Zinn 1969 (2) SA 537 (A). 1.1. RETRIBUTIVE THEORY: “the punishment is an end in itself”.