SUBJECT FORENSIC SCIENCE Paper No. and Title PAPER No. 2: Criminology and Law MODULE No. 35: Penology: Treatment of delinquency and Module No. and Title Correctional Institutes Module Tag FSC_P2_M35 FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No. 35: Penology: Treatment of delinquency and Correctional Institutes TABLE OF CONTENTS 1. Learning Outcomes 2. Introduction 3. Salient Features of Penology 4. Theories of Punishments 5. Correctional Administration in India 6. Prison Reforms in India 7. Contemporary Correctional Approach 8. Constitutive Penology 9. Summary FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No. 35: Penology: Treatment of delinquency and Correctional Institutes 1. Learning Outcomes After studying this module, you will be able to know about- The significance of Penology The types of Punishment Theories The features of Traditional and modern penological approaches 2. Introduction Any act or omission violating the law of the land is known as crime. Evenly, crimes are consequence of several factors and reasons, as Aristotle says „man is social animal‟. The origin of the punishment is way back since the human inception. There are countless myths and traditions which were followed by the civilized people which are studied under Criminology. Criminology is one of the emerging subjects during the 19th and 20th century. It contains an organized set of information and observations of law breakers, crimes and the treatment of law breakers. It has many sub branches which makes this knowledge as academic subject. One of the main branches is Penology and Correctional Administration. Penology is a study of punishments and the origin of the subject can be traced way back in 1834, by Francis Lieber, a German American to denote a system of administrating punishment to the convicted offenders. Before this the Italian Criminologist Cesare Beccaria wrote “Essays on Crime and Punishments” which was published in 1764. After this there was sudden focus turned on punishments and their effects on human life. The main works had done by the John Howard, Elizabeth Fry, Mary Carpenter and Sir William Crofton on prison reforms. In recent times there is huge turmoil on harsh punishments and abolition of Capital punishment. But every society has three reactions as Siddique explains „the first is the traditional reaction, of a universal nature, which can be termed as the punitive approach‟. Further he says, „this type of person is bad and dangerous and the approach is to inflict punishment on the offender in order to protect the society from his onslaughts‟. And the second is „the criminal is victim of circumstances‟ for this he says „criminal is sick person requires treatment‟. And the third and final is „preventive approach‟ instead of focusing the attention on particular offender, seeks to FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No. 35: Penology: Treatment of delinquency and Correctional Institutes eliminate those conditions which are responsible for crime causation‟. To understand this one must go through the defections. Mr. Francis Lieber says „Penology is that branch of criminal science which occupies itself, or ought to do so, with punishment and the criminal; not with the definition of crime, the subject of accountability and the providing of the crime, which belong to the criminal law and the penal process. Dr. P K Sen states that, „Penology ought to lay down the fundamental principles to guide the state or sovereign authority in framing of its scheme of punishment‟. While, M S Sabnis describes penology to be a body of systematized knowledge of management of penal measures and penal institutions so designed that a minority among people who dare violates the established norms of individual and social conduct and behavior codified as law by a given society at a given time and place are kept out of circulation for the certain order to enable the rest of society which is predominantly law-abiding, to constitute its socially useful activity without let or hindrance. 3. Salient Features of Penology Crime statistics have been a part of the discourse of the state for over hundreds of years, but the development of statistical methods permits the devising of concepts and strategies that allow direct relations between penal approach and the population. Although crime strategy, criminal procedure, and criminal sanctioning have been influenced by such social utility analysis, there is no explanation on the criminal law that is equivalent to the body of social utility analysis for doctrine of tort law. Nor has stringent accountability in the criminal law achieved anything like the recognition of related no- fault principles in tort law. Possibly because the criminal law is so firmly rooted in a focus on the individual, these developments have come late to criminal law and penology. The traditional sociological criminology has focused on the relationship between individuals and communities. Its central concerns have been the causes and correlates of delinquent and criminal behavior, and it has sought to develop intervention strategies designed to correct delinquents and decrease the likelihood of deviant behavior. According to the distinguished criminologist Donald Taft, Penology is a technique of punishment and reform of criminals. It is the function of the criminology to formulate affections and construction technique to keep and maintain social peace and security. The aims and objectives of these techniques are to suppress crime and criminal. Penology FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No. 35: Penology: Treatment of delinquency and Correctional Institutes helps in establishing and managing the institution of reforms, probation and correction. Besides, helping the reform of criminals, Penology also helps in bringing about social harmony and peace. Penology formulates and applies certain collective principles for the reform of society in general of criminals in particular. 4. Theories of Punishments 4.1 Retribution Theory Retribution is first theory of punishment. Its main aim is the offender should receive the as much pain and suffering as inflicted by him on his victim to assuage the angry sentiments of the victim and the community. The victim plays an important role to punish the offender. This type of practices uses to take place during the ancient and medieval period of times. During those days there were no penal policies and king was the head of the state, it‟s much easier to understand when its puts this way „An eye for an eye‟ and „a tooth for tooth‟. Everything was on base of the revenge and vengeance. Most of the victims use to punish the offenders by themselves. 4.2 Deterrent Theory Deterrent or deterrence means something that deters somebody or something, restrain anyone from taking action, to discourage somebody from taking action or prevent something happening especially by making people feel afraid or anxious. Making cautious to the offenders that if he commits crime he would be imprisoned or corporal punishments in public, this creates fear in wrong doers. In this theory strict punishment are given so that it is an example for offenders and they may not commit crime. 4.3 Preventive Theory As Krishna says preventive philosophy of punishment is based on the proposition “not to avenge crime but to prevent it”. If, a criminal is confined, executed or otherwise incapacitated, such punishment will deny the criminal ability or opportunity to commit further crimes and prevent the society from that future harm (Krishna). FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No. 35: Penology: Treatment of delinquency and Correctional Institutes This theory promotes the punishment to keep the offender away from the society, which will ultimately decree the criminal activities in the community. Bluntly it says, keep dangerous person in prison or excommunicate. 4.4 Reformative Theory This theory claims that a criminal can be reformed into a good citizen as law abider by giving him competent treating during his imprisonment period. He is in need of a doctor- cum-guide and not of the jailer. Offenders are treated more like a patient who is suffering from the psychological and social problems. He must evaluate his behavior with helps of the experts to be normal person again. 4.5 Rehabilitation Theory The last and the most contemporary theory of punishment is rehabilitation. After serving the sentence the offender should get back to the society. To live his life with dignity the prison department and with association of NGO‟s they provide them a place in the society. These practices are very necessary to set an example that offender can also relive their previous life without any stigma and pressure. 5. Correctional Administration in India Punishing the offenders is the primary function of all civil societies. Prisons are known to have existed throughout the history. Existence of prisons can be traced back to the ancient period. It was supposed that arduous isolation and custodial measures would reform the offenders. In early India, prisons functioned on the principles of custodial care. With the contention that a prison is for confinement and not for punishment, prisons were concerned merely with holding prisoners while they waited for trial. During the medieval and early British periods, emphasis came to be laid on retribution and deterrence aspects of punishment. In 1836 the first Indian Jail committee was formed to report the conditions of the Indian jails. It accounts the real picture of Indian jail. The horrible condition of prisoners and corruption prevalent in staff of the jail but it didn‟t make any suggestions for the improvement of the conditions of the prison in whole. Later in 1846 the first central jail was established in Agra. FORENSIC SCIENCE PAPER No.2: Criminology and Law MODULE No. 35: Penology: Treatment of delinquency and Correctional Institutes The first Jail Manual was framed in 1870 by the recommendation of the 1864 committee and the significant changes were the segregation of the male and female prisoners, adults from children, civil offenders from criminal offenders started to practice.