Penology and Victimology

 

Nature and Scope of Penology

Nature of Penology

The word penology is derived form Latin word Poena as Penal or Punishment and Greek word logia as study or science so collectively penology can be known as subject of Punishment or its science of punishment.

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The Oxford Dictionary of 2002 defines that Penology as scientific study of Punishment and crime and operation of Punishment. just it means the penal sanction from society, form law and from justice point of view. punishment mainly based of different assumptions but during sanction it need appropriate justification from the court of law with the appropriate considering all the factor and facts. where ever the sectioning of the punishment there should be considered the characteristics of offender and its crime as well. under the nature of the penology the impact of crime is very much essential thing where one side offender facing punishment so the object of punishment should be fulfil as like offender should not be the victim of judicial revenge he must be punished on justiciable manner with the principal of Natural Justice. then victim should be receive the justice with the implementation and he must be rehabilitate as he was prior to the victimization, the people those are law abiding shall not be face injustice and their property and person must be protected by the state and law. one side there should not be reparation of crime from the offender and one side of red signal should be spread in society for the other offenders that if they commit any crime and done anything wrong in society surely they will also face the punishment. so these are the basic objects must be fulfil by the implementation of the punishment.

As per the penology subject the offender is to be known as sick person so he required special treatment, medical treatment and special attention. penology says such person are sick if we provides them appropriated treatment they will surely be corrected and cure can live in society peacefully without any disturbing their own and others life. so in prisons system there are many activities conducted to change their mind now a days prison is not just a punishment its known as correctional institutions and after care programs. in which prison authorities arranges many programs like yoga training, spiritual speeches, celebration of festival, arrange meet with families and friends, moral education, learning facilities, medical and psychological visits, sports, nutrition etc.

Scope of Penology

This subject is moving around the concept of punishment. so under this subject mere punishment is focused but there are number of the things are considered under this subject like different type of crime control mechanism, impact of crime and punishment, object of punishment. subject of penology is very vast subject where in social point of view how a punishment works, legal point of view and Victim point of view all corners are consider here. basically penology subject deals with the role of police system, police system is one on the factor of the society which are practically dealing with offenders and crime, most of the punishment are on the depends on the investigation and search of the police system. the penology subject also deals with the Prison administration its historical background, prison administration in British rule and after independence the situation of prison in India and its different states and also open air camp, women cell. Rehabilitation and reformation processes are also the part of the subject of penology where punishment as well as to correct the offender is main motto fulfil by the prison authority.

Crime Control Mechanism 

Now a days our state is the welfare state and its duty of the state to maintain law and order, peace and harmony in the society. state is under duty to protect the citizens  and maintain their welfare in all the sense. to control crime from the society state has been established many institutions and bodies like Courts, Police, Military and para military forces etc. primary days state was only police state it was only implemented the laws and citizens was only protected by the out side attack. but now a days punishment is involves with treatment and corrections. there are number of crimes and with different types of causation of crimes so such crime control mechanism need to work with all aspects of the society. under such mechanism here need to protect the victims of the different crimes about their stress, trauma, blot and stigma such rehabilitation should be based on how the victim was living his life prior of victimization, children, family and dependents also been uphold.

Police

Police is the primary authority where they makes law and court in the motion. the police authority having hugh duty to maintain law and order in the society. they plays important role in criminal justice system. police now perform many more duties like to avoid any person or group of persons physical danger, rescue man or animals, protection private and personal properties, night watch, traffic control, protection of women and children from crime, appending criminals, civil defense, investigation, interrogation, arrest, search and seizure.

police also plays the role like religious relies, communal fights, riots, lockdown, terrorism, communal violence. whatever the violence in the state it should be protected the police system only. the implementation and actual execution of law is commonly in hand of police system. there are many civil and criminal functions police system needs to play. to deal with cognizable and non cognizable offences, provide protection, to maintain peace in society, to arrange security to person or property, protection of offender, role in court, investigation with high burden duty with no duty hours, less salary, high pressure of senior, transfers, political pressure, less time for family and for self, no care to heath and mentality under such issues and problems Indian need to perform legal functions.

Court

After the police inquiry and investigation the courts comes in to the picture and then the duty of the court starts. the court is like a body and authority where the accused tried by the procedural law and court do all the things to find out the reason behind the crime, characteristics of the accused person, his nature, family background, his age, sex, education, nature of the offence, about his dependency, his future, about society and about the justice of victim also. with considering all the factors, substantive law and procedure law it comes to the conclusion weither such accused to be acquitted and convicted or in between released by the court due to non availability of the evidence against him. so the court have power to impose the sentence to the accused after it come to the conclusion as per its own jurisdiction and then court send accused to the imprisonment.

when ever person arrested by the police the accused have to be produced before the court of law within 24 hours, the accused need to be know the ground of arrest, he should be informed to his family or nearest friend and he must be approach to his choice lawyer as such rights defined under the Criminal Procedure Code and Constitution of India also.

now a days number of cases pending in the court, number of accused are under sentence, number of accused are on bail due to the lengthy process of court. there is the specific hierarchy is like Supreme Court is on the top level as highest Court of India can pass any sentence authorized by law then its lower court is High Court also have same power like Supreme Court but its lower than it then Sessions Court and Additional Sessions Judge also have vast power as like to award death sentence or award life imprisonment, , Assistant Sessions Judge can pass imprisonment up to 10 years, Chief Judicial Magistrate and Chief Metropolitan Magistrate can pass sentence of imprisonment up to 7 years and fine then Judicial Magistrate of first class court has power to impose three year imprisonment and fine up to Rs.10,000/- and Judicial Magistrate Second Class or Special Judicial Magistrate or Special Metro. Magistrate can imposes sentence of one year imprisonment and fine up to Rs. 5000/- as per law and quantum of sentence. 

Public Prosecutor

Public Prosecutor is the person who opens the firstly case in the court of law. basically who is appear on the behalf of the government and state about the criminal case. our Criminal Procedure Code made some of the provisions about the Public Prosecutor and about his appointment in different courts. there is the hierarchy of Public Prosecutor is the PP having duty to keep watch and supervise the function and work which have been done by the Additional PP respectively in Sessions Court and High Court. there after Chief Prosecutor who keeps his watch and supervision on working of Assistant PP in the Metropolitan Magistrate Court. the Additional Prosecutor need to conduct criminal proceedings and need to establish criminal case in Sessions Court. then Assistant Public Prosecutor who need to examine the police submitted charge sheet and make prepare of acquittal or discharge, also need to evaluation and examination and preparation for the evidence and to file appeal and revision petition. he is also liable to conduct criminal proceeding in the court of Metropolitan Magistrate. there after director of the Prosecutor is in charge or the head of the office he exercised his power as makes overall control and scrutinize and decides functions with various prosecutions agencies at assistant session level and session level except at High Court.

Role of the Public Prosecutor

Basically role are divided in two categories like during the investigation and during the trial 

Role During Investigation Process

• to be appear in court and obtain an arrest warrant
• obtain search warrant to conduct search for particular intention or of specific place
• to get police custody remind to accused to collect more information and for interrogation
• to decide to court about unknown and untraceable offender or proclaimed offender.
• to record the evidences of the accused in police record.

Role During the Trial

• to prove accused guilty, to argue about the imposition of punishment as commission of crime with considering intention, fact, gravity of offence.
• to make help to court to reach to Judgement.
• to conduct speedy trial to provide justice to all. to avoid unnecessary delay
• examination of document, conduct argument, evaluate witness and examination of the parties.

The Public Prosecutor should an impartial person and he must be work in court as friend of the court. even though the PP work for the Victim and Prosecution but he should not be bias with the offender, he must be deal in court in vary impartial way where there should not be any harm and injustice towards the accused and unnecessary hardals to accused person. he should not put false witnesses and evidences in court of law. but should not defend the accused it means he need to be fairly dealing with the court of law. the Public Prosecutor should not be came under the dominance or burden of  police officer or District Magistrate. he must be ensure to Justice should be done.

Jail Administration

Jail administration is one of the form of crime control mechanism. basically criminals are kept in jail or in imprisonment means they are away form the society, persons and property it means they are unable to commit any crime and society will be automatically being protected.

jail is form of punishment. where such inmates are unable to do anything by their wish and will their most of the rights has been frizzed, they have to behave according to the rules and regulations of the jail administration. here they learns how to control their behaviors, they have to live their life away from the society and friend and family. our jail administration not only controls them but also provides chances to correct their self to be good person into the society and law abiding person and citizen of the state. one side jail administration is keeps such inmates safe form other harden criminals and their gangs.

Jail administration is provided punishment in form of to control their behavior and actions but on the other side in such form of punishment administration provides the system of reformation and rehabilitation.  so in such process jail administration provides to inmates separation as per their offence, provide them medical treatment, psychological visits, education facilities, library, moral and spiritual teaching programs arrangements, vocational training, family friends visits, festivals celebration etc. to make creations in their behavior and criminal mentality. open prison also been provided for the such inmates who served their one third sentence and how has entire good behavior, who will not run away form such free environment, where there is no arms guards and locks and bars are provided. all such method jail administration uses to punish as well as to correct the offender that's why prison administration can be called as after care program.

Theories of Punishment

1) Deterrent Theory

• Primitive method of punishment
• Sever and Harsh punishment impact 
• Crates deterrence in society
• From repetition of crime
• Control action of pleasure of offender
• Pleasure and pain principle
• Harsh punishment impacts more
• No one thinking about crime
• Pain to offender pleasure to society
• But reasons of crimes are different
• Not always theory useful
• Justice for small and petty offences
• Only deterrence is not sufficient

2) Retributive Theory

• Theory based on Vengeance
• Same punishment as offender committed 
• Tit of Tat, an eye for an eye principle
• No more need to use logic and law to punish
• injustice to innocent, negligent and mentally ill persons
• Inhuman based treatment
• Theory not applicable to all crime
• Crimes against women, children, morality not work
• Principle of the theories makes injustice with all
• Only victim satisfy
• Theory filed to provide justice

3) Preventive Theory

• Principle Prevention is better than cure.
• To need of prevent the accused 
• To protect the society, person and property
• Need the offender keep away for the society
• Imprisonment is the best method to keep them prevented
• Imprisonment makes their actions control
• Unable to fulfil their wish to do crime
• To waning and keeping them away from village or city best method
• Until imprisonment theory useful
• Question when offender release from jail
• Theory fails with Habitual offender
• Difficult to prevent them.
• Theory somewhere successful but not all time

4) Reformative Theory

• Our Indian legal system adopted Reformative system
• to give one more chance to change to be correct
• Not only punish but to correct the offender
• correction system uses in imprisonment
• to make changes in the mind of the accused
• proved him moral, spiritual and regional education
• provide education support, medical support, 
• provide opportunity to meet family, provide vocational education
• to teach him how to earn self money, provide financial assistance
• provide environment to make changes in criminal attitude
• provision of open prison, probation and parole use.
• make as good citizen to return in society
• Theory much more successful
• But not useful for harden and habitual criminals.

Explaination of Theories of Punishment

Theories of Punishment

As about the Theories of Punishment its just as methods of punishment defined. such methods of implimentation of punishment were used by several empire or kings during their ruling period. But its not actually know who has been used which theory. Theories of Punishment is essential part of criminal law to know what types of punishment were prevailed in different societies.Punishment is defined as suffering, loss, pain or any other penalty that is inflicted on a person for the crime by the concerned authority.

Theories of Punishment

1) Deterrent Theory

In Primitive society such type of Theory was prevailed. this theory is based on the fear of punishment.The object of punishment is to show that crime is never profitable to the offender.

To maintain fear of punishment in society king or State were used the barbarous, tortious and inhuman methods to punish the offenders. so under the fear no one can think to commit any crime.

No any segrigation of offences and penalites, every one was brutally tortured under the implimentation of punishment because for pitty offence and henious offences punishment was same.

Criticism on Theory 

This theory was failed because such methods were only makes fear in society but not any justice toward the victim and society. theory fails to maintain the system of punishment.

2) Retributive Theory

Theory was based on Vengeance or revenge. most of the kings were used this theory to make the judgement towards any crime.Punishment was based on Tit for Tat, an eye for an eye principle. so kings never used any logic or any procedure of law to punish the offender. the offerder received same as he was commited.If any innocent, mentally ill or negligent person commits any crime even he was punished as per the retribution method.

people were in fear about such brutal method of punishment.

Theory was found inappropritate about the crime regarding morality. vengence methods was never being used for such type of offences. 

Criticism on Theory 

This theory was also failed to provide justice to the society. punishment was provided with no any logic, reason or any law. theory made only victim satisfied. 

3) Preventive Theory

This was on the principle of Prevention is better than cure.  means to prevent the offerder before he commits any crime.

the imprisonment is the best method to prevent offenders.if we keeps offender into the imprisonment we prevent him from commission of offence toward the person, society and property.

Theory keeps offender away to complete their ill wish and makes them separate form society. 

Criticism on Theory

This theory somewhere sucessful to establish peace in society. its best method to protect the society. question was if offender released from jail and habitual offenders never cure.

4) Reformative Theory

This theory was believed in to make changes in person or to give second chance to change the mind of offender. theory believes person should not only punished but reform.This theory mostly work in prison where the offenders are treated as patients and its duty of the prison authority to provide the treatments such like yoga, meditation, kirtan, festivals, moral teach.Theory also provides probation and parole to offenders to break misrable life of prison. in prison offender gets education, medical, financial support, psychological support, library and job training.

Criticism on theory 

Theory successful in our country also we adopted it. but habitual offenders and recidivist are not support this theory. many offenders gets undue benefit of such situations.

Expiation or Expiatory or Compensatory Theory

Theory makes realization about the guilt of the offender. so the offender show his kindness and sympathy towards victim.

the only way to expiation towards victim is compensation. accused show his expiation through paying fine, medical, psychological and other expenses and complete rehabilitation of the victim.under expiation many time court award sentense like isolation, service towards society, poor person, orphan and old age homes or as to live with family whose member died beacause of accused.

Criticism on Theory

This theory near to the successful but not applicable for harden criminals who does not affect about the suffrings of others.