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Penology
Penology
Penology is the study of punishment in its relation to crime. It is a science which deals
with the principles and methods of punishments. Penology is beleived to be a sociology
that deals with the theory and methods of punishment of crimes.
1. Penology is a science that deals with the principles and methods of punishments.
2. Under Penology, the criminals are punished on a rational basis.
3. Penology reflects the State policies.
penology, also called Penal Science, the division of criminology that concerns itself with the
philosophy and practice of society in its efforts to repress criminal activities. As the term
signifies (from Latin poena, “pain,” or “suffering”), penology has stood in the past and, for
the most part, still stands for the policy of inflicting punishment on the offender as a
consequence of his wrongdoing; but it may reasonably be extended to cover other policies,
not punitive in character, such as probation, medical treatment, and education, aimed at
the cure or rehabilitation of the offender; and this is, in fact, the accepted present sense of
the term.
ANSWER:2
One key goal of the prison system in the United States is to rehabilitate its prisoners in
the hopes that they will not continue to live a life of crime. Unfortunately, there are some
individuals who will return to their former criminal life. This is known as recidivism, which
is the recurrence of criminal activity after an individual serves prison time for a prior
crime. It can be a measurement of a person's return to crime, or of repeated arrest or
conviction.
Causes Recidivism:
There is no single cause for why individuals return to a life of crime following imprisonment.
However, some reasons for recidivism include the following:
• Lack of socialization
• Lack of job training
• Inability to obtain employment
• Inability to reintegrate into society after returning from prison
• Antisocial attitudes
ANSWER:3
Characteristics of Punishment:
Death penalty;
Forfeiture of Property;
Fine.
In respect of each of the above punishments, the courts are supposed to follow the
procedure prescribed by the relevant provisions of the substantive and the adjective
laws. The interpretation of the courts in refusing to inflict the relevant punishment
and the opinion expressed by any agency at the international level justify a change in
the system of punishments.
ANSWER:4
Specific and General Deterrence
Deterrence prevents future crime by frightening the defendant or the public. The two types of
deterrence are specific and general deterrence. Specific deterrence applies to an individual
defendant. When the government punishes an individual defendant, he or she is theoretically
less likely to commit another crime because of fear of another similar or worse punishment.
General deterrence applies to the public at large. When the public learns of an individual
defendant’s punishment, the public is theoretically less likely to commit a crime because of
fear of the punishment the defendant experienced. When the public learns, for example, that
an individual defendant was severely punished by a sentence of life in prison or the death
penalty, this knowledge can inspire a deep fear of criminal prosecution.
Incapacitation
Incapacitation prevents future crime by removing the defendant from society. Examples of
incapacitation are incarceration, house arrest, or execution pursuant to the death penalty.
Rehabilitation
Rehabilitation prevents future crime by altering a defendant’s behavior. Examples of
rehabilitation include educational and vocational programs, treatment center placement, and
counseling. The court can combine rehabilitation with incarceration or with probation or
parole. In some states, for example, nonviolent drug offenders must participate in
rehabilitation in combination with probation, rather than submitting to incarceration (Ariz.
Rev. Stat., 2010). This lightens the load of jails and prisons while lowering recidivism, which
means reoffending.
Retribution
Retribution prevents future crime by removing the desire for personal avengement (in the
form of assault, battery, and criminal homicide, for example) against the defendant. When
victims or society discover that the defendant has been adequately punished for a crime, they
achieve a certain satisfaction that our criminal procedure is working effectively, which
enhances faith in law enforcement and our government.
Restitution
Restitution prevents future crime by punishing the defendant financially. Restitution is when
the court orders the criminal defendant to pay the victim for any harm and resembles a civil
litigation damages award. Restitution can be for physical injuries, loss of property or money,
and rarely, emotional distress. It can also be a fine that covers some of the costs of the
criminal prosecution and punishment.
ANSWER:5
Article 3 protects you from:
psychological interrogation
ANSWER:6
Any form of crime undermines the rule of law. Preventing crime involves taking measures
that seek to reduce the risk of crimes occurring, and their potential harmful effects on
individuals and society, including fear of crime, by intervening to influence their multiple
causes.
The criminal justice system addresses the consequences of criminal behaviour in society and
has the objective of protecting peoples' right to safety and the enjoyment of human rights. It
refers, specifically, the work of the police, prosecution and judiciary with regard to criminal
matters, as well as the access to legal aid, prisons and alternatives to imprisonment,
restorative justice and victim protection and reparation. It also includes cross-cutting issues,
such as gender, human rights and the considerations for victims and children within the
criminal justice system.
The government has since long been trying to reduce crimes and is taking measure to placate
crimes which range from petty thievery to major frauds and kidnappings to homicide. Our
government is trying its best to ensure the safety of the Indian Social Structure as a whole and
is implementing various instruments and legislations to placate the Crime and its effect.
Hereunder are a few methods the government can implement to reduce crimes:
1. With advancements in the field of Criminology, we have tools to gather scientific evidence
to focus on hotspots or habitual offenders such that we can prevent or reduce violence.
2. The focus of the executives should be on preventing the conditions that lead people to
criminality which ultimately leads to the commission of offences. This can be done through a
systematic, integrated, coordinated approach where the punitive approach should be made the
last resort.
3. In the modern era, Cyberspace has become the domain for violence. Crimes on cyberspace
range from videos showing assassinations, to recruitments made for extremist groups and
coercion to frauds. It is important to understand here that the Criminality has proliferated
even to the web and it is high time now to take some strict actions against the same.
4. The governments should try to create a system based on an equilibrium state between
repression or prevention and incorporate rehabilitation policies which would greatly affect
the mentality of people and thereby dilute Criminality present in the minds of people.
5. Most importantly laws should be made in such a way that Crimes could be prevented at an
early stage thereby rooting out the very Criminality which leads to the Crime.