In Pakistan, every incident of brutal nature triggers a larger or smaller scale response from all segments of the society. From Zainab’s murder, the Motorway rape case, Noor Muqaddam’s Slaughter to the Sialkot incidence, a social response was observed after such horrific incidents demanding a stern punishment to the wrongdoers. People want the offenders to be made a horrible example for other potential criminals hidden in society so that other people are scared to commit such a gruesome act. This mainstream public opinion aside, it is basic IQ that the severity of punishments and their deterrent effects can be the biggest milestone in reducing the crime rate in the country. Unfortunately, in our society, the fear of punishment is eroding away and hence the ease of doing crime has widely increased.
Deterrence or threat of punishment is an essential for the maintenance of an effective criminal justice system and for the preservation of society. According to Prof. John Salmond, “Punishment is before all things deterrent, and the chief end of the law of crime is to make the evildoer an example and a warning to all who are like-minded with him.”
In criminal jurisprudence, deterrence is mainly of two kinds, i.e., specific and general deterrence, aimed at a specific offender or the evil-minded strata of society respectively. A good deterrent policy is the one that prevents people from all three segments of the society i.e., the upright fraction which abides by laws religiously, the segment usually and habitually involved in criminal activities, and the segment of people who are in-between these other two categories, from committing crimes.
It is important to note that a deterrent policy has three basic elements named, the severity, certainty, and celerity of the punishments. It is essential for these three elements to coexist for bringing in the desired results and improve the effectiveness of the criminal justice system. It is the task of the legislature to ensure that each crime must have a punishment prescribed proportionate to its intensity and nature. However, Pakistan’s legislature ensures that the punishments aren’t excessively brutal and revenge-driven and must not violate human dignity. Our criminal justice system provides all sorts of punishments ranging from death penalty to fine. The death penalty is the severest of the punishments provided in Pakistan Penal Code (PPC), and is given for offenses like murder, rape and terrorism. Though the maximum level of acceptable severity of punishments is provided by the legislature, the severity of the punishment alone is of no use until it is certainly implemented.
In addition to increasing the severity of punishments, increasing the certainty of being caught and punished assures deterrence. A high chance of being caught is a way more effective deterrent than even a draconian punishment. The executive ensures the certainty of catching criminals. The police play a prime role in in preventing the commission of offenses and bringing the offenders to book. Police’s proactive role in identifying and legally proceeding crimes significantly assists in preventing crimes and casting the fear of being caught in the minds of the prospective criminals. It is critical to ensure a prompt response of police in apprehending the culprit and collecting irrebuttable evidence in a flawless manner to deter criminals from criminal behavior.
It is worth mentioning her that the fear of police must not be confused with the fear of punishment, as the former is quite common in Pakistan. It is essential for the police to be friendly towards law abiding citizens and neutral towards the violators which is capable to execute the punishments put forward by the legislature as per the judiciary’s orders.
The last and most important component to ensure the deterrent effect of punishments in celerity. The judiciary, as a neutral player between the accused and the state, the judiciary is entitled to supervise the legal process of investigation and conduct trials of the accused for determining the veracity of charges. In order to enhance the deterrent effect of punishments, the trials must be well organized and completely transparent and swift. Unfortunately, in Pakistan delays and technicalities are the hallmarks of the judicial system. And since it take years to conduct a trial and punish a wrongdoer, people aren’t afraid of committing crimes anymore.
The only way for Pakistan to revamp its criminal justice system and inculcate a fear of committing crimes is by revamping the aforementioned institutions not only on paper but also in practice. Because, if not even a single offense goes without being punished and all the culprits are punished according to the law, the wrongdoers as well as the law abiding citizens will be deterred from committing any wrong. Te only solution for Pakistan lies in ensuring certainty and celerity.
The author Laraib Nisar is a Defense and Strategic Studies’ graduate, working as a Program Coordinator at the Center for Research and Security St
