Skip to main content

Penology in Criminal Justice

 


Penology and administration of Justice

By Shreya Verma 

The term penology has been derived from the word ‘poena’, a Latin phrase which means punishment. Penology is concerned with the study of different aspects of punishment and its impact on criminals and the society. It aims to study and evaluate application of penal sanctions (punishments) on wrong-doer. Origin of this systematic analysis of punishments and its impact is not very difficult to trace as it is of a recent origin. It is said that it was Cesare Beccaria, the father of classical school of criminology who came up with the idea that punishments must be to deter potential criminals and not merely to punish the offenders. 

Earlier punishments had more deterrent effect they were passed with a view of setting an example for the society. But now the modern penologists attempt to adapt the treatment of each offender in accordance with the diagnosis obtained by scientific study of criminal. Even the Supreme Court holds the same view. In Santa Singh v. State of Punjab (1976), the court held that a proper sentence must be based on nature of offence, circumstances, previous record of offenders, age, education, employment and family background of the offenders and the possibility of social adjustment and reformation etc. 

Now that we have got to know the meaning and evolution of Penology, the main question that arises is “How this multi-disciplinary subject penology is important and how is it related to crime and criminals? 

For that we have to understand what penology ought to do? It is basically concerned with a thorough examination of formal institutions of criminal justice like police, courts, and correctional institutions. It deals with the process of punishment, how it is administered, treatment of criminals and prevention of criminals to indulge in such activities. 

There are various forms of punishments that are prevalent. Indian Penal Code provides 5 kinds of punishments namely- Death sentence, Life imprisonment, Imprisonment (rigorous or simple), forfeiture of property and fine. Penology deals with the offence and the offenders in an individualistic manner i.e., what punishment is suitable for that particular case. It is concerned with prison and prison reforms, rights of prisoners as well as theories of the purposes of punishment. The system of prison is linked with system of imprisonment which originated in first quarter of nineteenth century and was earlier harsher as compared to the one we have now. The reforms that brought humanitarian approach towards the treatment of offenders are a consequence of thought of modern penologists. The main function of penology may be summarised as follows:


  • To prevent criminal offences by repression or inhibition of criminal intent via the fear of punishment. 

  • Another major function of penology is to look after the criminal’s mind when he is in prison to avoid further crimes. 

  • Modern penology adopts a constructive approach in treating offenders to reform and rehabilitate them in society as good citizens. 

  • To bring about a better prison system by focusing more on eliminating criminal mentality than criminals. 

  • By bringing about prison reforms by introduction of concepts such as parole, reformative centers and open prisons. 

  • It focuses on improvising police system. 


  • It classifies potential offenders from those who have a scope of reformation and treats them differently. 


Through these measures penology ensures administration of justice among all and intend to provide fair treatment even to wrong doers.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more