The Cruel Mirage of Imperialistic Idealism

Running head: JURISPRUDENCE OF THE CRIMIANL LAW
PUNISHMENT & RETRIBUTION
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Authors Note

JURISPRUDENCE OF THE CRIMIANL LAW1
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.