University of the Cordilleras
College of Criminal Justice Education
Legarda Road, Baguio City
CA1-INSTITUTIONAL CORRECTION
MODULE 1
Penology - It is the study of punishment for crime or criminal offenders. It
includes the study of control and prevention of crime through punishment of
criminal offenders. The term is derived from the Latin word, “POENA”, which
means pain or suffering.
It is the division of criminology that deals with prison management and the
treatment of offenders, and concerned itself with the philosophy and practice of
society in its effort to repress criminal activities. It is otherwise known as a Penal
Science.
The three divisions of criminology
1. Sociology of law- focuses on the nature of the crime from the legalistic point of
view. It delves into the effect of present laws upon crime and studies the posible
reforms in the laws in order to prevent and control the occurrence of crime. The
major concern of sociology of law is to critically examine the impact of various legal
systems upon crime.
2. Criminal Etiology- This makes systematic investigation into the various causes of
crime. It deals with the social and personal factors responsible for the occurrence of
crime and growth of criminals
3. Penology- This deals with the treatment of prisoners and the subsequent
rehabilitation of convicted criminals. Penology is the study of punishment for crime
or criminal offenders. It includes the study of control and prevention of crime
through punishment of criminal offenders.
Basic Approaches to Penology
A criminological theory is the explanation of criminal behavior, as well as the
behavior of the police, lawyers, prosecutors, judges, correctional personnel, victims,
and other characters involved in the criminal justice system. There are three main
school of thought or approaches with regard to the treatment of criminals.
1. Classical school- this gives emphasis on the crime not on the criminal. Accordingly
punishment which is retributive and punitive is standardized and proportioned to
the gravity and nature of the offense. These assumes that everyone has free will and
knows the penal law. Moreover, it postulates that man is a rational and calculating
being who acts with reference to the feelings of pleasure and pain. Thus he will
refrain from criminal acts if threatened with punishment sufficient to cancel the
hopes of possible gain or advantage.
Cesare Bonesana Beccaria was the founder of this classical school of criminology
that stresses on the social contract , the prevention of crime, and the need to make
any punishment fit the crime committed. The other exponents of this school of
penology were Rousseau, Montesquieu, and Voltaire
2. Neo-Classical School- this modified the classical theory and introduced the
concepts that mitigating circumstances might inhibit the experience of free will and
that punishment should be rehabilitative. It maintains that while the classical
doctrine is correct in general, it should be modified in certain details. It argues that
since children and lunatics cannot calculate pleasure and pain, they should not be
regarded as criminals or be punished. This principle extends to the other offenders
by a system of taking into account certain mitigating circumstances.
3. Positivist school- This rejects the classical notion that individuals have free will
and rationally chooses to commit crime. It assume instead, that criminal behavior is
determined by biological, psychological, and social factors. Positivist criminology is
reformative and preventive and individualizes punishment. Since criminal is a sick
man, he is considered not responsible for his acts hence he should not be punished
but cured.
Cesare Lombroso is considered as the father of positivist school of criminology.
Treatment methods of Handling criminals
1. Punitive aspect- the punitive reaction of society toward criminals has been
implemented in four principal methods: removal from the group by death, exile, or
imprisonment, physical torture; social degradation and financial loss.
2. Curative treatment or rehabilitative aspect- the treatment reaction, which has
increased in popularity, individualizes treatment of offenders, and treatment process
includes expert diagnosis of individual problems and needs, expert prescription of
therapy and expert therapy such as clinical medicine diagnosis, prescription and
therapy.
A. Clinical approach- In the early part of the past century, the system of
individualized treatment for criminals was based almost exclusively on the
principle that criminality is strictly an individual disorder which can,
therefore, be treated in a clinic. The theory used in diagnosing and treating
cases of criminality was also closely analogous to theories used in clinical
medicine.
B. Group Relation Method- this method considers criminality as social in
nature and therefore can be modified in individual cases only if the criminal
relations with social groups are modified. Persons become criminals
principally because they have been relatively isolated from the culture of law-
abiding groups, by reason of their residence, employment, codes, and native
capabilities or have relatively frequent contact with a rival criminal culture.
Consequently, they are lacking in the experience, feelings, ideas, and
attitudes out of which to construct a life organization that the law abiding
public will regard desirable. Criminality, which is the product of these
isolation from law abiding culture, will not be overcome by more isolation.
