Punishment as Part of Modern Criminal Law Theory
An integral part of any criminal law theory is punishment. Criminal law theory includes not only the law for imposing criminal liability but also the law of punishment. Punishment is the infliction of suffering on the offender for committing an offense. As discussed below, this definition is based on a retributive view of punishment. Three other views look at punishment from the perspective of deterrence, rehabilitation, and incapacitation. The type of punishment may vary in different societies and at different times, but its essence, an expression of condemnation for the commission of an offense, remains constant.