These theories are social-structural criminology, and social-process criminology. Rehabilitation is another utilitarian rationale for punishment. The idea of rehabilitation is considered mollycoddling. Consider the case of Sergeant Robert Bales. Traditional retributism relied on punishing the intrinsic value of the offence and thus resort to very harsh methods. Punishments such as the retributive and deterrence though the use of fear as an instrument to curb the occurrence of crime helps in controlling the criminals up to a certain extent. What are the key issues and debates in criminology today? It is always safer to err in acquitting than in punishing, on the side of mercy rather than on the side of justice.
Classical thinkers accepted the legal definition of crime uncritically; crime is what the law says it is. Flew first suggests that punishment must be an evil, an unpleasantness to the victim. Baier explains punishment as law-making, penalisation, finding guilty, pronouncing a sentence. Poena suos tenere debet actores et non alios. Deviance helps to distinguish between acceptable and unacceptable behavior. He conducted extensive studies on cadavers of executed criminals, coming up with the argument that certain facial features, such as very large jawbones and strong canine teeth, were obvious signs that an individual was or would be a criminal.
However, this theory became less popular for moral reasons and in favor of later theories focusing on environmental factors that contribute to criminal behavior. Literally translated, penology is the study of a criminal and legal penalty. Tutius semper est errare acquietando, quam in puniendo, ex parte misericordiae quam ex parte justiiiae. Lesson Summary Penology is broadly defined as the study of crime and punishment, and more narrowly defined as the study of prisons and prison administration. The field of criminology blends social science and psychology with criminal justice. . Some countries, and even several states in the United States, have recently abolished the death penalty as a method of punishment.
The main objective of this theory is to deter prevent crimes. The Reformative theory is proved to be successful in cases of young offenders. Where the utilitarian theory looks forward by basing punishment on social benefits, the retributive theory looks backward at the transgression as the basis for punishment. Type of paper Academic level Subject area Number of pages Paper urgency Cost per page: Total: Access. After the colonies won freedom from English control, enlightened social discourse led to the imposition of restraints on punishment.
Ferri argued that anyone convicted of a crime should be detained for as long as possible. Retributive Theory Retribute means to give in return. In different legal systems the forms of punishment may be different but it may be observed that all arise out of some action or omission. Punishment though most times confused with imprisonment is something much different from it. Definition of Criminology Criminology is the scientific study of crime, including its causes, responses by law enforcement, and methods of prevention. Throughout this process, the clinical model for penal decision-making was destabilized and scientific statistical methods became increasingly entrenched. He would like to summarize his understanding about the teories of punishment: There is an attempt to portray punishments as a method of inflicting of unpleasant circumstances over the offender.
The director of prisons is now under scrutiny because it appears that the warden, his administrators, and his staff are not maintaining a safe environment for staff either, as evidenced by the brutal beating of a male staff member during a fight between two prison gangs in the corridor outside the mess hall inside the Centervale State Penitentiary. Those who study penology typically become what is called a penologist. The American colonies adopted and cultivated the traditional punishments of England. Because lawmakers can change laws, the list of acts that warrant punishment is not static. Durkheim explains crime, as crime exists in every society which do and do not have laws, courts and the police. Even utilitarian such as Bentham have also supported this theory as it has been able to discourage the criminals from doing a wrong and that also without performing any severity on the criminals.
The primary aim, though, in most civil cases is to compensate the victim. Thus each of these four theories have their own pros and cons and each being important in it, none can be ignored as such. As the nature and definition of crime expands and grows, so too does the legal system's prescribed punishment for these crimes. In ancient Rome, for example, a person who murdered a close relative was enclosed in a sack with a cock, a viper, a dog, and a monkey, and then cast into the sea. As punishment generally is provided in Criminal Law it becomes imperative on our part to know what crime or an offence really is. Crucially, it rejects the traditional interventionist philosophies of reform, transformation, and reintegration and is instead concerned with identifying, classifying, and managing groups assorted by levels of dangerousness. As such it is an end in itself.
He believed that criminals were born, not made, and that crime was a matter of nature, not nurture. In omnibus poenalis judiciis, et aetati et imprudentiae succurritur. Penologists evaluate prison systems by regularly observing the interactions between prisoners as well as those they have with authority figures. Some pain or penalty warranted by law, inflicted on a person, for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court. Penology is the study of prison management and criminal rehabilitation.
Some of the first known prisons existed hundreds of years ago. It recognizes that punishment has consequences for both the offender and society and holds that the total good produced by the punishment should exceed the total evil. Those who commit a crime, it is assumed, derive a mental satisfaction or a feeling of enjoyment in the act. Expiatory Theory Jurists who support this theory believes that if the offender expiates or repents, he must be forgiven. Nor does the suggestion that 'evil' carries a moral flavour, for in fact the word punishment itself carries a moral flavour. Penology is concerned with the effectiveness of those social processes devised and adopted for the prevention of crime, via the repression or inhibition of criminal intent via the fear of punishment.
Scholars and others have also questioned a system that punishes drug offenses more harshly than violent offenses. Looking at punishments from a more humane perspective it rests on the fact that the need of a punishment for a crime arises out of mere social needs i. Though during ancient period of history punishment was more severe as fear was taken as the prime instrument in preventing crime. Reus laesae majestatis punitur ut pereat unus ne pereant omnes. Reformative techniques are much close to the deterrent techniques. This theory is a workable one even though it has a few defects.