PENOLOGY

AND
PUNISHMENT
 PENOLOGY

The word “penology” is derived from the Latin

words “Pena” meaning “punishment” and “logos”

meaning “study.” Therefore, penology is the study of

punishment for crime or of criminal offenders.

 WHAT IS PENOLOGY?

Penology, also called Penal Science, the

division of Criminology that deals with prison

management and the treatment of offenders, and

concerned itself with the philosophy and practice of

the society in its effort to repress criminal activities.

 PENOLOGY

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.

PRINCIPAL AIMS OF PENOLOGY

o To bring light in the ethical barriers of punishment, along with

the motives and purposes of society inflicting it.

o To make comparative study of penal laws and procedures

through history between nations.

o To evaluate the social consequences of the policies enforced

at a given time.
 APPROACH TO PENOLOGY

There are four approaches to study penology:

1. Administrative Penology

2. Scientific Penology

3. Academic Penology

4. Analytical Penology
 Administrative Penology

It is essential that the administrative personnel involved with

prisons’ custodial functions are capable and conscientious of their social

responsibilities. Before taking the job, they must undergo entry-level training

and be well-educated. The prison authorities should use the services of

psychologists, social workers, and media persons to carry out their

correctional programs. Jail supervisors and prison guards have a special

duty to keep prisoners under control and to keep an eye on non-loyal

inmates.
 Scientific Penology

Privatization should be aimed at individualizing prisoners,

and rehabilitative techniques are largely effective when

disciplinary and custodial conditions are relaxed while keeping the

individual’s personality in mind. Prison inmates may receive

scientific corrective treatment from therapeutic specialists. Instead

of punishing inmates, the prison environment should correct them.

 Academic Penology

The main purpose of academic penology is to disseminate

penological knowledge. Penology is limited to theoretical

knowledge. Academic penology is the study of criminal justice in

relation to academic institutions. It encompasses a variety of

topics, such as sentencing and parole, higher education and

professional licensure, and research misconduct.

 Analytical Penology

Analytical penology seeks to understand criminal

behavior through the lens of psychology and neuroscience, in an

effort to develop more effective punishment strategies. This new

paradigm is based on the premise that remorse and reform are

key factors in reducing crime rates, and that rehabilitation

programs are the most effective way to achieve these goals.

 IMPORTANCE OF PENOLOGY

Penology is the study of the punishment and rehabilitation

of criminals. It is important to study penology because it can

help us understand how to best rehabilitate criminals and

prevent crime. Penology is also important because it can help

us understand why people commit crimes and what solutions

might be available to reduce crime

 WHAT IS THE ROLE OF PENOLOGY IN THE
REFORMATION OF CRIMININALS?

 Penology has been a part of criminal justice since its

inception. Throughout the centuries, penology has
evolved to meet the needs of criminals and their victims.
Today, penology is an important tool in the effort to
rehabilitate offenders and prevent future crime.
 The purpose of penology is to provide offenders with
appropriate punishment that will deter others from
committing crimes, teach them life skills, and protect
society.
 WHAT DOES A PENOLOGIST DO?

 A penologist is a professional who works with

people who have mental disorders. These
professionals help solve problems resulting
from the disorder, as well as offer support to
others experiencing similar problems.
 As well as providing medication, guidance,
and therapy, penologists can also provide
counseling.
 HOW DOES PENOLOGY RELATE TO
CRIMINAL JUSTICE?

 Penology, an integral part of the criminal justice

system, involves punishing people and correcting
them to make sure they’re safe, promoting individual
rights, and protecting society as a whole.
 To deter crime, rehabilitate offenders, and protect
the public, penology uses punishments and
corrections. As well as evaluating these methods to
see if they work in achieving criminal justice goals.
There are five main underlying justifications of
criminal punishment considered briefly here:

1. Retribution,
2. Deterrence,
3. Rehabilitation,
4. Incapacitation, and
5. Restoration
 1. RETRIBUTION
 Retribution is probably the oldest justification of punishment and can
be found in the theories offered by Kant and Hegel (Brooks, 2001). It is
the fact that the individual has committed a wrongful act that justifies
punishment, and that the punishment should be proportional to the
wrong committed. Its underlying premise has been summarized by the
philosopher Kurt Baier as follows:
• All those convicted of a wrongdoing or crime deserve punishment;
• only those convicted of a wrongdoing or crime deserve punishment;
• the severity of the punishment should not be less than the gravity of the
crime;
• the severity of the punishment should not be greater than the gravity of the
crime (Baier, 1977, p. 37, emphasis in original).
 2. DETERRENCE
Theories of deterrence draw on Jeremy Bentham's philosophy of

utilitarianism, captured in the maxim, "the greatest happiness of the

greatest number" (see for example: Shackleton, 1972; Baujard, 2009).

In similar vein to incapacitation, deterrence justifies punishment based

on what it will achieve in the future. Theorists claim that the pain of

punishment and the costs of imposing that pain upon the offender are

outweighed by the social benefits consequently enjoyed.

 2. DETERRENCE
A distinction has been drawn between two types of

deterrence: individual (or specific) and general deterrence.

1. Individual deterrence refers to the aim of imposing punishment to deter individuals

who have already offended from doing so again.

2. General deterrence justifies the imposition of punishment to deter other potential

offenders.

The logic of this theory is that if the imposition of criminal punishment deters people

from committing crimes then the general public can enjoy a greater sense of safety

and security (Hudson, 2003)

 3. REHABILITATION
The central premise of rehabilitation is that punishment can

prevent future crime by reforming the individual offender's behaviour.

Rehabilitation may involve education and vocational programmes,

counselling, intervention programmes or skills training. The behavioural

premise of this theory of punishment is that criminal behaviour is not a

rational choice, but determined by social pressures, psychological

difficulties, or situational problems of various kinds (Ashworth, 2007).

 4. INCAPACITATION
The theory of incapacitation assumes that the state has a duty to protect the

public from future wrongs or harms, and that such protection can be afforded through

some form of incarceration or incapacitation. It prevents future crime by disabling or

restricting the offender's liberty, their movements or ability to commit a further wrong.

The most extreme form of incapacitating punishment is the death penalty, but there

are several other forms including imprisonment, curfews, house arrest, electronic

monitoring and disqualification from driving for drunken drivers. Incapacitating

sentencing, however, has been subject to serious criticism, on both moral and

empirical grounds.
 5. Reparation
The concept of reparation has been the subject of

increased attention in recent years. The justification of reparation

in criminal justice is based on the idea that crimes should be

corrected by requiring that offenders make amends to victims to

repair the wrong that they have done. Restitution and

compensation to victims, their families or communities, should

therefore be a key objective of criminal justice.

REFERENCES
https://www.unodc.org/e4j/en/crime-prevention-criminal-justice/module-7/key-issues/2--justifying-punishment-in-the-commu
nity.html#:~:text=There%20are%20five%20main%20underlying,%3B%20deterrence%3B%20rehabilitation%20and%20rep
aration

https://www.britannica.com/topic/punishment

https://www.coursehero.com/file/29911617/1-Concept-of-Penology-Corrections-and-Punishments1ppt/