ANSWER:1

Penology is the study of punishment in its relation to crime. It is a science which deals
with the principles and methods of punishments. Penology is beleived to  be a sociology
that deals with the theory and methods of punishment of crimes.

Characteristic Features of Penology –

1. Penology is a science that deals with the principles and methods of punishments.
2. Under Penology, the criminals are punished on a rational basis.
3. Penology reflects the State policies.

penology, also called Penal Science, the division of criminology that concerns itself with the
philosophy and practice of society in its efforts to repress criminal activities. As the term
signifies (from Latin poena, “pain,” or “suffering”), penology has stood in the past and, for
the most part, still stands for the policy of inflicting punishment on the offender as a
consequence of his wrongdoing; but it may reasonably be extended to cover other policies,
not punitive in character, such as probation, medical treatment, and education, aimed at
the cure or rehabilitation of the offender; and this is, in fact, the accepted present sense of
the term.

ANSWER:2
One key goal of the prison system in the United States is to rehabilitate its prisoners in
the hopes that they will not continue to live a life of crime. Unfortunately, there are some
individuals who will return to their former criminal life. This is known as recidivism, which
is the recurrence of criminal activity after an individual serves prison time for a prior
crime. It can be a measurement of a person's return to crime, or of repeated arrest or
conviction.
Causes Recidivism:
There is no single cause for why individuals return to a life of crime following imprisonment.
However, some reasons for recidivism include the following:
• Lack of socialization
• Lack of job training
• Inability to obtain employment
• Inability to reintegrate into society after returning from prison
• Antisocial attitudes

ANSWER:3
Characteristics of Punishment:

It is the consequence of a specific unwanted behavior:

Punishment must follow an offence, a specific behavior, which can include violation of the
law, either divine or human, an omission of a duty commanded, or the commission of an act
forbidden by law.
It is perceived by its recipient as aversive:
Punishment must involve pain or other consequences normally considered unpleasant. Thus
the punishing stimulus must be seen by the recipient as something uncomfortable. Thus
punishment can be subjective i.e. may change from person to person. What is uncomfortable
for one person may be comfortable for another. For example, a punishment for a certain
offence is a fine of Rs. 1000, then it may be uncomfortable for a person whose monthly
income is Rs. 1000 but it may be comfortable for a millionaire. Hence provision in law
should be such that the billionaire should also feel the pinch.
It is followed by a reduction of the targeted behavior, either in frequency or intensity.
The punishment should act as a psychological barrier for the offender. The punishment must
result in a decrease in unwanted behavior.
It involves the delivery or removal of a stimulus as a consequence.
Punishment can be enacted by either by presenting the recipient with an aversive stimulus
(e.g., fine, imprisonment, capital punishment) or by removing access to a certain stimulus
(e.g. barring entry).
It involves an intrinsic or extrinsic stimulus as a consequence.
Intrinsic stimulus involves engaging in a behavior because it is personally rewarding;
essentially, performing an activity for its own sake rather than the desire for some external
reward. Essentially, the behavior itself is its own reward. In intrinsic punishment, intrinsic
rewards obtained are unpleasant to the offender. Extrinsic stimulus occurs when a person is
motivated to perform a behavior or engage in an activity to earn a reward or avoid
punishment. In extrinsic punishment, the offender is barred from getting such rewards which
are sought by him.
Punishments under the Indian Penal Code:
Section 53 of the Indian Penal Code enumerates the different punishments which the courts
may award to a person convicted for a crime:

 Death penalty;

 Imprisonment for life;

 Imprisonment which is of either description: rigorous or simple;

 Forfeiture of Property;

 Fine.
 In respect of each of the above punishments, the courts are supposed to follow the
procedure prescribed by the relevant provisions of the substantive and the adjective
laws. The interpretation of the courts in refusing to inflict the relevant punishment
and the opinion expressed by any agency at the international level justify a change in
the system of punishments.

ANSWER:4
Specific and General Deterrence
Deterrence prevents future crime by frightening the defendant or the public. The two types of
deterrence are specific and general deterrence. Specific deterrence applies to an individual
defendant. When the government punishes an individual defendant, he or she is theoretically
less likely to commit another crime because of fear of another similar or worse punishment.
General deterrence applies to the public at large. When the public learns of an individual
defendant’s punishment, the public is theoretically less likely to commit a crime because of
fear of the punishment the defendant experienced. When the public learns, for example, that
an individual defendant was severely punished by a sentence of life in prison or the death
penalty, this knowledge can inspire a deep fear of criminal prosecution.
Incapacitation
Incapacitation prevents future crime by removing the defendant from society. Examples of
incapacitation are incarceration, house arrest, or execution pursuant to the death penalty.
Rehabilitation
Rehabilitation prevents future crime by altering a defendant’s behavior. Examples of
rehabilitation include educational and vocational programs, treatment center placement, and
counseling. The court can combine rehabilitation with incarceration or with probation or
parole. In some states, for example, nonviolent drug offenders must participate in
rehabilitation in combination with probation, rather than submitting to incarceration (Ariz.
Rev. Stat., 2010). This lightens the load of jails and prisons while lowering recidivism, which
means reoffending.
Retribution
Retribution prevents future crime by removing the desire for personal avengement (in the
form of assault, battery, and criminal homicide, for example) against the defendant. When
victims or society discover that the defendant has been adequately punished for a crime, they
achieve a certain satisfaction that our criminal procedure is working effectively, which
enhances faith in law enforcement and our government.
Restitution
Restitution prevents future crime by punishing the defendant financially. Restitution is when
the court orders the criminal defendant to pay the victim for any harm and resembles a civil
litigation damages award. Restitution can be for physical injuries, loss of property or money,
and rarely, emotional distress. It can also be a fine that covers some of the costs of the
criminal prosecution and punishment.

ANSWER:5
Article 3 protects you from:

 torture (mental or physical)

 inhuman or degrading treatment or punishment, and

 deportation or extradition (being sent to another country to face criminal charges) if

there is a real risk you will face torture or inhuman or degrading treatment or
punishment in the country concerned.
What is torture?
What is inhuman treatment?

 serious physical assault

 psychological interrogation

 cruel or barbaric detention conditions or restraints

 serious physical or psychological abuse in a health or care setting, and

 threatening to torture someone, if the threat is real and immediate.

What is degrading treatment?

Are there any restrictions to this right?
Using this right – example
What the law says
Article 3: Prohibition of torture
Example case - Chahal v United Kingdom [1996]
As you would expect, public authorities must not inflict this sort of treatment on you. They
must also protect you if someone else is treating you in this way. If they know this right is
being breached, they must intervene to stop it. The state must also investigate credible
allegations of such treatment.
Torture occurs when someone deliberately causes very serious and cruel suffering (physical
or mental) to another person. This might be to punish someone, or to intimidate or obtain
information from them.
Inhuman treatment or punishment is treatment which causes intense physical or mental
suffering. It includes:
Degrading treatment means treatment that is extremely humiliating and undignified. Whether
treatment reaches a level that can be defined as degrading depends on a number of factors.
These include the duration of the treatment, its physical or mental effects and the sex, age,
vulnerability and health of the victim. This concept is based on the principle of dignity - the
innate value of all human beings.
Your right not to be tortured or treated in an inhuman or degrading way is absolute. This
means it must never be limited or restricted in any way. For example, a public authority can
never use lack of resources as a defence against an accusation that it has treated someone in
an inhuman or degrading way.
A young man with mental health problems was placed in residential care. During a visit, his
parents noticed bruising on his body. They raised the issue with the care managers but their
concerns were dismissed. They were also banned from visiting their son. The parents raised
their son’s right not to be treated in an inhuman and degrading way and their right to respect
for family life. The ban on visits was revoked and the bruising on the young man’s body was
investigated.

ANSWER:6 
Any form of crime undermines the rule of law. Preventing crime involves taking measures
that seek to reduce the risk of crimes occurring, and their potential harmful effects on
individuals and society, including fear of crime, by intervening to influence their multiple
causes.
The criminal justice system addresses the consequences of criminal behaviour in society and
has the objective of protecting peoples' right to safety and the enjoyment of human rights. It
refers, specifically, the work of the police, prosecution and judiciary with regard to criminal
matters, as well as the access to legal aid, prisons and alternatives to imprisonment,
restorative justice and victim protection and reparation. It also includes cross-cutting issues,
such as gender, human rights and the considerations for victims and children within the
criminal justice system.
The government has since long been trying to reduce crimes and is taking measure to placate
crimes which range from petty thievery to major frauds and kidnappings to homicide. Our
government is trying its best to ensure the safety of the Indian Social Structure as a whole and
is implementing various instruments and legislations to placate the Crime and its effect. 
Hereunder are a few methods the government can implement to reduce crimes:
1. With advancements in the field of Criminology, we have tools to gather scientific evidence
to focus on hotspots or habitual offenders such that we can prevent or reduce violence.
2. The focus of the executives should be on preventing the conditions that lead people to
criminality which ultimately leads to the commission of offences. This can be done through a
systematic, integrated, coordinated approach where the punitive approach should be made the
last resort.
3. In the modern era, Cyberspace has become the domain for violence. Crimes on cyberspace
range from videos showing assassinations, to recruitments made for extremist groups and
coercion to frauds. It is important to understand here that the Criminality has proliferated
even to the web and it is high time now to take some strict actions against the same.
4. The governments should try to create a system based on an equilibrium state between
repression or prevention and incorporate rehabilitation policies which would greatly affect
the mentality of people and thereby dilute Criminality present in the minds of people.
5. Most importantly laws should be made in such a way that Crimes could be prevented at an
early stage thereby rooting out the very Criminality which leads to the Crime.