The Cruel Mirage of Imperialistic Idealism

Running head: JURISPRUDENCE OF THE CRIMIANL LAW
PUNISHMENT & RETRIBUTION
Name of the Student
Name of the University
Authors Note

1JURISPRUDENCE OF THE CRIMIANL LAW
Punishment
Mens rea is regarded to be a requirement of many crimes. As per the common law test of
criminal liability the act is not guilty unless involves a guilty mind. In ‘The Penal Colony’ the
punishment of the convicted prisoner is performed on his skin before he is let die, all within
twelve hours, by the last use of an intricate instrument of torture and execution. Sometimes it has
been observed that the act of the defendant is not of that evil. Despite this, the wrongdoer always
found guilty and punished in such a brutal way. As per the law, whoever commits crime needs to
be punished because the fear of punishment helps to reduce the crime rate. Without giving
punishment it is not possible to make a crime-free society. However, the punishment
implemented ‘In the Penal Colony’ is not appropriate. It is brutal and also excessive. No chance
had been given to the accused to prove himself not guilty. Rather, this kind of brutal punishment
is considered to be a form of justice which is also insufficient. A cost-benefit analysis may be
utilized by the state to observe that how much cost usually involves punishing an offender. The
primary purpose of punishment is to safeguard society, by preventing future criminals from
committing more offenses, by modifying and rendering the actual perpetrator a legally-conscious
person. To achieve this goal punishment needs to be proportionate (Reiman & Leighton, 2015).
Many criminologists are of the view that punishment must fit the crime. If it does not fit the
crime it has a great negative impact on society and treated as a failure of justice. The victim and
relatives of victims of violent crimes feel insulted by the fact that the courts fail to ensure that
perpetrators pay the price for their destruction.

2JURISPRUDENCE OF THE CRIMIANL LAW
Retribution
In the Penal Colony, criminal discipline is imposed using a device penal spectacle.
Retribution is enforced by the destruction of the human body since the human body is the perfect
way to regulate the minds and hearts of those they govern. Thus the system of the punishment as
mentioned in the Kafka’s ‘In the Penal Colony’ is undoubtedly brutal and not fit for the criminal
justice system. We always hear that the judicial system needs to be just and fair. The doctrine of
‘Audi alteram partem’ should be followed in the judicial system but the justice system observed
in the penal colony does not follow this doctrine and found the wrongdoers always guilty. I
observed that the Officer serves in the criminal colony as a judge, jury, and executioner and is
the last person to abide by the rule of law established by the former Commandant because the
Officer is fascinated with the tool, torture and killing machine designed by the old commandant.
Here, the writer attempts to portray an older, hierarchical society in which the few rulers control
the masses and use their influence to retain power by brutally punishing anyone who fails to
obey their laws. In this piece, the machine had been used to understand the victim the nature of
justice. The machine, however, malfunctions as it had not been repaired for a long time. The
breakdown of the machine is symbolic which indicated that it is important to change the nature
of the judicial system periodically so that it can take decisions appropriately (Cumberland,
2013).

3JURISPRUDENCE OF THE CRIMIANL LAW
Reference
Cumberland, R. (2013). Inscribed Bodies: The Cruel Mirage of Imperialistic Idealism in Kafka's"
Penal Colony". Papers on Language and Literature, 49(2), 203.
Reiman, J., & Leighton, P. (2015). Rich get richer and the poor get prison, the (subscription):
Ideology, class, and criminal justice. Routledge.