Penology has been primarily concerned with punishments sanctioned and undertaken by the state, it is important to recognize that punishment does not begin there, but rather within wider society. Punishments can be physical or psychological, performed publicly or privately, and can be either informal or a formal and legal sanction. You may have experienced some form of sanction or punishment by a family member while as a child at home, or at school through informal interactions with friends or for breaking school rules. As an adult, such informal punishments may take place in relationships or in the workplace. You may feel that this form of punishment has served you well in your life, or you may have found it no use at all. From this experience, you may think that punishment is a ‘necessary evil’—that is essential for the raising of children or for the regulation of adult human life or it may have led you to think that such sanctioning is counterproductive. Punishments are invoked when someone is believed to have done something wrong. This means that they are believed to have breached the rules, whether those rules are legal, social, organizational, or moral.
What is penology?
Penology is a multidisciplinary subject that aims to study and evaluate the application of penal sanctions to wrongdoers. It has broadly focused on the justifications, characteristics and effectiveness of penal institutions. Since the eighteenth century, many penologists have conceived of prison as a place with rehabilitative potential, emphasizing its role as a means of reducing reoffending or of instilling moral backbone into off enders. More recently, penologists have expanded their remit to examine the daily lives and culture of prisoners and staff, and some of the inherent danger s of confinement. Since the 1960s, penologists who are very critical of the penal system have evaluated its practices and legitimacy, calling for society to end the use of imprisonment and to consider non-punitive responses to wrongdoing and rule breaking.
Meaning of penology
Penology is the scientific study of the punishment and rehabilitation of criminals. It is a multidisciplinary field that includes sociology, psychology, criminology, and law. Penologists study the nature of the crime, the effects of punishment on offenders, and alternative forms of punishment and rehabilitation. It is a branch of criminology that deals with the theories of punishment and the effects that punishment has on both the individual and society. Penologists are interested in finding ways to rehabilitate prisoners and reduce crime rates. The word “penology” is derived from the Latin words “Pena” meaning “punishment” and “logos” meaning “study.” Therefore, penology is the study of punishment.
Origin of penology
The discipline of penology was born in the late 19th century. In 1885, the French criminologist Auguste Forel coined the word “penology” to refer to the study of criminal justice systems and their effects on offenders. The word “penology” was first used in 1885 by French criminologist Auguste Forel in a book he wrote entitled “Penology: The Science of Crime and Punishment”. Forel applied this term to the study of criminal justice systems and their effects on offenders.
Nature of penology
Penology also manifested in various ways like criminology. These may be denoted as Administrative Penology, Scientific Penology, Academic Penology, and Analytical Penology.
Administrative Penology
It is essential that the administrative personnel involved with prisons’ custodial functions are capable and conscientious of their social responsibilities. Within the criminal justice system, administrative penology deals with the administration and management of punishment. As well as arrest, trial, sentencing, and incarceration, it discusses the processes involved in punishing offenders. Aspects of administrative penology include rehabilitation and reintegration programs, supervision of parolees and probationers, management of correctional facilities, and corrections facilities management. As part of administrative penology, a key goal is to ensure detainees are punished fairly, and effectively, and are rehabilitated and integrated into society. In administrative penology, overcrowding, security, rehabilitation, and prison population management are also important aspects. The study of administrative penology encompasses the effects of fines, community service, and imprisonment on offenders and the broader population as well. The program also covers the management of parole and probation, including assessing offenders for release, establishing supervision conditions, and disciplining offenders who violate their conditions. To manage and administer punishment, administrative penology draws on a variety of disciplines, including criminology, sociology, psychology, and law.
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. The science of scientific penology pertains to the prevention and rehabilitation of crime using scientific principles and methods. Developing criminal justice policies and practices involves using evidence-based research. As a result of this approach, social factors, mental health issues, and poverty are considered to be important factors in criminal behavior. In addition to rehabilitation programs, punishment, and community-based alternatives to prison, scientific penology focuses on the effectiveness of different interventions. Measures the effectiveness of criminal justice policies and programs using data and statistics. By addressing the root causes of criminal behavior and providing victims with reintegration tools, this approach aims to reduce recidivism and increase public safety.
Academic Penology
Academic penology is basically descriptive in character, and its main purpose is being the dissemination of penological knowledge. It limits itself with the theoretical knowledge of penology.
Analytic penology
It aims at ascertaining as objectively as possible, the adequacy of existing penal policies and methods and suggests measures for improving the system. Thus, it makes a critical analysis of penal measures and offers solutions for the efficient administration of penal justice.
Scope of the penology
Penology is the study of corrections and punishment. It is a subfield of sociology that looks at how crime and the criminal justice system impact society. Penologists can be found working in jails, prisons, courts, and other law enforcement organisations. Penology aims to accomplish a variety of things, such as deterrence, rehabilitation, punishment, and incapacitation. Penologists have to make tough choices regarding how to punish offenders since these objectives frequently clash. Penology is a topic that is always evolving as scholars gain more knowledge about crime and the judicial system. Penologists need to stay up to date with these changes in order to continue serving society as effectively as possible. New technologies have given rise to new approaches to punishment and rehabilitation. Modern penologists lay greater emphasis on the rationalism of punishment. The penal policy should be more reformation oriented rather than coercive penal sanctions. As Lewis Gillin (1871-1958) rightly observed: “The criminal is the product of his biological inheritance conditioned in his development by the experiences of life to which he has been exposed from early infancy up to the commission of a crime. By studying the offender in every possible way, the modern penology promises to throw light on his conditioning and arrive at a diagnosis of the factors entering into each individual case. From the standpoint of penology, it attempts to adapt the treatment of each offender in accordance with the diagnosis obtained by the scientific study of the criminal.” Adopting a similar approach to penology, the Supreme Court in Santa Singh v. State of Punjab, observed that “penology regards crime and criminal as equally material when the sentence has to be awarded. It turns the focus not only on the gravity or nature of the crime but also on the criminal and seeks to personalize the punishment so that the reformist component is also many operatives as the deterrent element. A proper sentence is an amalgam of many factors such as nature of the offence, circumstances, previous record of the offender, his age, education, employment and family background, the possibility of social adjustment and reformation, etc.”
Conclusion
Penologists have suggested that punitive reaction to crime varies and fluctuates in accordance with the phase through which a particular society or nation is passing. For instance, during the periods of revolution or war, the use of death sentence, banishment, solitary confinement, confiscation of property, etc. as punishment may be extensively used, but the same may not be justified in periods of peace and tranquility. In the Indian context with the incidence of terrorist attacks rising unabated, the death penalty for terrorists may be fully justified though it has to be used in rarest of rare cases. Similarly, the widespread corruption at all levels, particularly, among the high placed bureaucrats, politicians, corporations’, etc. fine to the tune of lakhs of rupees accompanied but the confiscation of ill-gotten wealth as a punishment would be more appropriate rather than incarceration, and perhaps, ostracization of such culprits would be more effective.
Interesting discussion…