Denunciation
Definition
The communicative function of punishment: the sentence expresses the community's collective moral condemnation of the act. Rooted in Durkheim's argument that punishment reinforces shared social norms and collective conscience.
- Field
- Penology / sentencing theory
- Core idea
- Punishment as collective moral condemnation
- Theoretical root
- Durkheim's social-solidarity theory
- Category
- One of the recognised aims of punishment
Common questions
How does denunciation differ from retribution as an aim of punishment?+
Retribution focuses on the offender deserving punishment proportionate to their wrongdoing, while denunciation focuses outward on the community, using the sentence to publicly affirm which norms were violated and reinforce shared moral standards among the public.
Why does denunciation matter to how a sentence is communicated, not just its length?+
Because its function depends on the sentence being publicly understood as condemnation, courts often address the reasoning explicitly in sentencing remarks so the denunciatory message reaches victims and the public, not only the offender.
Related terms
- Deterrence
- A forward-looking aim holding that the threat or experience of punishment discourages future offending. General deterrence targets potential offenders in the population;...
- Incapacitation
- The justification for imprisonment that focuses on preventing crime during the sentence by removing the offender from society, regardless of whether their...
- Proportionality
- The legal principle, central to European human rights law and to many constitutional systems, that any interference with a fundamental right must...
- Rehabilitation
- The aim of changing the offender's attitudes, skills, or circumstances so that they no longer offend. Rehabilitation treats offending as a problem...
- Retribution
- The view that punishment is justified because the offender deserves it, proportionate to the severity of the offence. A backward-looking justification: it...