Punishment is a solid imposition of something unenthusiastic on an individual, entity or organization, in response to conduct considered intolerable by a person, group or other entity (Hugo, 2010). Harmful penalties that are administered exclusive of a breach of regulations are not regarded as punishment. Authorized punishment assumes crime as that which punishment is enforced, and a criminal law as that which describes crimes as crimes; the structure of criminal law assumes a state that has the political power enforce to the law and to inflict punishments. Punishments are imposed for a variety of purposes, like to persuade and enforce appropriate conduct, as defined by society. As it applies to criminal and civil cases, criminals are punished judicially, by imposing custodial sentences, fines, or corporal punishment. The prisoners risk additional punishments for infringe of internal rules.
The America lawful system consists of two different cases, criminal and civil. A civil case is a lawful case concerning common law or civil law, which entail conflicts between organizations or individuals, whereby some form of reimbursement may be granted to the victim. On the other hand, criminal cases involve cases that the state is in opposition to an individual who has breached the state's laws. A principle frequently pointed out in regard to the extent of punishment to be imposed is that the punishment ought to match the crime (Kenneth, 2000).
Generally, civil and criminal offenses are different in regards to their punishment. Civil cases only result in financial damage or orders to execute something, whereas criminal cases will involve jail time as an impending punishment. It is also important to note that some criminal cases may involve both monetary and jail punishments in form of fines.
The standard of substantiation also varies in both criminal and civil cases. Criminal cases must particularly be proved beyond a reasonable doubt, while civil cases are proved by evidence of lower standards. The dissimilarity in standards exists since the civil liability is regarded as less culpable and because the punishments imposed are less severe.
Forward-looking justification tries to find out what will do the most good in the future. For utilitarian, the punishment is forward-looking, defensible by a supposed ability to reach future social reimbursements, such as crime diminution. The utilitarian theory of forward-looking concerned the results of punishment instead of the mistake committed, which cannot be altered being in the past.
A retributive theory sees the principal justification in the reality that a crime has been committed that warrants the punishment of the offender. In this case, punishment is backward-looking, and it is justified by the wrong that has been done and carried out to in concurrence for the harm already done. The study indicates that judicial punishment cannot be used simply as a way to encourage some other good for the civil society, but it ought to be imposed in all cases on and offender only on the ground that the individual has committed a crime; a human being can never be influenced simply as a way to the purposes of somebody else. The offender must foremost be found guilty of punishment before any deliberation is given of the efficacy of the punishment for him or the other citizens. It can be summarized that the exercise of the power to harm as bargaining power is the basis of deterrence theory, and is successful when it is apprehended in reserve. Deterrence theory is reasonably not consistent, not empirically precise, and incomplete as a theory. The idea of deterrence can be described as the use of intimidation by one party to persuade another party to abstain from instigating some course of action (Huth, 1999).