CRIMINAL LAW 1. Ahmed T. Ghandour.

PART 2. PENOLOGY.

INTRODUCTION.

THE DEFINITION OF PENOLOGY.  Penology (from the Latin poena, "punishment" and the Greek suffix -logia, "study of").  Is a section of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences.

THE LEGAL DEFINITION.  Definition of penology : a branch of criminology dealing with prison management and the treatment of offenders.

CHARACTERISTIC FEATURES.  Penology deals with the principles and methods of punishment.  It guides the state in framing punishments for various crimes.  It aims at maintaining social peace and security.  Punishes criminals in a rational manner.

SCHOOLS OF PENOLOGY.

HISTORY.  Historical theories of punishment were based on the notion that fearful consequences would discourage potential offenders. An example of this principle can be found in the Draconian law of Ancient Greece and the Bloody Code which persisted in Renaissance England, when (at various times) capital punishment was prescribed for over 200 offenses. Similarly, certain Hudud offenses under Sharia hadith tradition may incur fearful penalties.  Modern theories of the punishment and rehabilitation of offenders are broadly based on principles articulated in the seminal pamphlet "On Crimes and Punishments" published by Cesare, Marquis of Beccaria in They center on the concept of proportionality. In this respect, they differ from many previous systems of punishment, for example, England's Bloody Code, under which the penalty of theft had been the same regardless of the value stolen, giving rise to the English expression "It is as well to be hanged for a sheep or a lamb". Subsequent development of the ideas of Beccaria made non-lethal punishment more socially acceptable.[clarification needed] Consequently, convicted prisoners had to be re-integrated into society when their punishment was complete.  Penologists have consequently evolved occupational and psychological education programs for offenders detained in prison, and a range of community service and probation orders which entail guidance and aftercare of the offender within the community. The importance of inflicting some measure of punishment on those persons who breach the law is however maintained in order to maintain social order and to moderate public outrage which might provoke appeals for cruel vengeance.[clarification needed]

CLASSICAL SCHOOL OF PENOLOGY.  The classical school of criminology was founded by Cesare Beccaria in  The 4 points to the classical school are:  1. People have free will and choose how to act  2. Deterrence is based on the thought that people will ultimately seek pleasure and avoid pain, and that they rationally calculate risks and rewards.  3. Punishment of a crime should be proportionate to the offense.  4. The more swift and certain the punishment, the greater its effect in deterring further similar actions.

POSITIVIST SCHOOL OF PENOLOGY.

 The Positivist School has attempted to find scientific objectivity for the measurement and quantification of criminal behavior.  As the scientific method became the major paradigm in the search for knowledge, the Classical School's social philosophy was replaced by the quest for scientific laws that would be discovered by experts. It is divided into Biological, Psychological and Social.

 Biological positivism:  If Charles Darwin's Theory of evolution was scientific as applied to animals, the same approach should be applied to "man" as an "animal".  Psychological positivism:  Sigmund Freud divided the personality into, the primitive biological drives, and the ego, memory, perception, and cognition. He proposed that criminal behaviour is either the result of mental illness or a weak conscience.  Social positivism:  In general terms, positivism rejected the Classical Theory's reliance on free will and sought to identify positive causes that determined the tendency for criminal behaviour. Rather than biological or psychological causes, this branch of the School identifies "society" as the cause. Hence, environmental criminology and other sub-schools study the spatial distribution of crimes and offenders

APPROACH TO PENOLOGY.  There are four approaches to study penology:  1. Administrative Penology  2. Scientific Penology  3. Academic Penology  4. Analytical Penology

WHAT WE STUDY IN PENOLOGY?  penology addresses the theory and practice of societies and how they attempt to prevent criminal activity and apply the appropriate punishment for it.  It deals with the treatment of those who are convicted of crimes and how they can be rehabilitated so that they are no longer a threat to society.  This study addresses many different topics concerning the prison system, such as prisoner’s rights, prisoner abuse, and tendency, as well as theories about the purpose of punishments, such as rehabilitation, retribution (revenge), and deterrence.

 Penologists work hard to improve situations within the prison community.  They evaluate prison systems and make suggestions about changes that need to be made regarding prison policy.  They interview prisoners to evaluate if current prison programs, methods, and rules, are successful in changing their behavior.  They also conduct follow-up interviews with released prisoners to see if the rehabilitation programs they experienced while in prison are helping them function in the outside world.  Penologists need to be patient, have a high degree of perseverance, and demonstrate calmness under stress and pressure.