COURSE MANUAL
Name of the Elective Course: Penology & its Victimological Discourse
Course Instructor: Vipin Vijay Nair
Semester Fall 2019
Elective
This document is prepared by the course instructor and the basic information relevant to the
execution of the course. It is the official record for all intends and purposes as far the seminar
course, Penology, is concerned.
This course manual is/can be used as a general guide to the subject. However, the instructor can
modify, extend or supplement the course (without tampering its basic framework and objectives)
for the effective and efficient effectuation of the course. However, the instructor will provide the
students with reasons for such changes.
Part I
Course Title: Penology & its Victimological Discourse
Course Code:
Course Duration: One Semester (15 Weeks)
No. of Credit Units: 4 credits
Level: BALLB, BBALLB, LLB, LLM, JSLH, JSIA and JSGP
Medium of Instruction: English
Pre-requisites: Understanding punishment and its impact on the offenders
Pre-cursors: Victimology
Equivalent Courses:
Exclusive Courses:
Part II
1. Course Description
The interest is shifting from enacting of laws and interpretation of laws to solutions of criminality
and theory building for the reformation and rehabilitation of criminals. The Sociologists,
Criminologists, and Criminal Justice Functionaries such as Police, Judiciary and Politicians have
started thinking seriously about combatting crimes and long term solutions to criminality through
aversion to harsh and cruel punishment and adopting liberal methods of punishments. Penology is
the study of punishments in relation to the crime and the management of prison. A Penologist is a
social scientist who studies the theory and methods of punishment of crime. It deals with the
principles and methods of punishment, guides the state in framing punishments for various crimes,
aims at maintaining social peace and security and punishes criminals in a rational manner.
Victimology is the study of victim, victimization and reaction of both. Victimology is concerned
not only with the victim’s feature but with the anticipation of injuries which may be suffered by
special social categories, whole society, or humanity as a result of a perpetrator’s voluntary or
involuntary action. Penal Victimology focuses on injuries and damages that result from criminal
activity. The task of victimology is like those in any science; to diagnose the situation, interpret
the situation, prevent undesired situation, and suggest ways for creating desired situation. Penal
victimologist studies varied penal measures that would focus on the victimological perspective
over the sanction towards the criminal activity.
Punishment may be carried out formally under the Criminal Justice System or informally in other
kinds of social settings such as within a family. Since punishment involves inflicting a pain or
deprivation similar to that which the perpetrator of a crime inflicts on his victim, it has generally
been agreed that punishment requires moral as well as legal and political justification. The
infliction of punishment is designed to protect – rights, personal autonomy and private property, a
political constitution, and/or the democratic process.
This course will allow the students the opportunity to understand the theories of Penology:
Retributivism, Deterrence, Rehabilitation and Restorative Justice. Punishments differ in their
degree of severity, and may include sanctions such as reprimands, deprivations of privileges
or liberty, fines, incarcerations, ostracism, the infliction of pain, amputation of limbs and the death
penalty. The general forms of punishment from old times to present day are: Flogging, Mutilation,
Branding, Stoning, Pillory, Fine / Penalty, Forfeiture of Property, Security Bond, Banishment,
Penal Servitude, Simple Imprisonment, Solitary confinement, Imprisonment for Life, death
penalty etc. will also form part of the learning.
Punishment can be an integral part of socialization, and punishing unwanted behaviour is often
part of a system of pedagogy or behavioral modification which also includes rewards. One reason
given to justify punishment is that it is a measure to prevent people from committing an offence -
deterring previous offenders from re-offending, and preventing those who may be contemplating
an offence they have not committed from actually committing it. Sometimes viewed as a way of
"getting even" with a wrongdoer — the suffering of the wrongdoer is seen as a desired goal in
itself, even if it has no restorative benefits for the victim. The aim is to deter everyone in the
community from committing offences. Some punishment also includes work to reform
and rehabilitate the culprit so that they will not commit the offence again. The goal here is to
change the offender's attitude towards what they have done is wrong, make peace with guilt and
reform himself.
Imprisonment separates offenders from the community, removing or reducing their ability to carry
out certain crimes. The death penalty does this in a permanent (and irrevocable) way. For minor
offenses, punishment may take the form of the offender “righting the wrong”, or
restitution. Community service or compensation orders are examples of this sort of penalty.
Punishment can be explained by positive prevention theory to use the criminal justice system to
teach people what are the social norms for what is correct, and acts as reinforcement. It can serve
as a means for society to publicly express denunciation of an action as being criminal. Besides
educating people regarding what is not acceptable behavior, it serves the dual function of
preventing vigilante justice by acknowledging public anger, while concurrently deterring future
criminal activity by stigmatizing the offender. The course study will discuss about the
incarceration of women offenders with the objective of (re)socializing them into appropriate
heterosexual, feminine behavior and aspiration. The relationship of punishment to restorative
justice (and to restoration) is described: as a means of regaining trust in an offender and society,
and as a means of repentance to right a wrong.
The punishment can also result in mercy and the offender might not be sent to jail but asked to
symbolically repair the harm. The role of probation in treating the youth criminals and the risk
involved in awarding parole to long term prisoners. The different forms of punishment introduced
keeping in view the latest trends of crimes such as organized crimes, political crimes, terrorism,
drug trafficking etc. Whether the amount of punishment is in in consonance with the inflated rate
of traditional crimes such as firearm violence, domestic violence, homicide, child abuse, robbery,
sexual violence etc. is also elaborated in the course material.
Prisons are normally surrounded by fencing, walls, earthworks, geographical features, or other
barriers to prevent escape. Remotely controlled doors, Close Circuit Television (CCTV)
monitoring alarms, cages, restraints, nonlethal and lethal weapons, riot-control gear and physical
segregation of units and prisoners may all be present within a prison to monitor and control the
movement and activity of prisoners within the facility. Common facilities provided at prison such
as kitchen and dining, health care, library and educational facility, recreation and fitness and other
facilities are accessible to all prisoners or not and how well the services are rendered by them. The
condition of youth detention centres, women’s prison, military prisons, political prisons and
administrative detention are conducive to the betterment of its inmates or not. Many prisons are not
functioning effectively as a result of its ineffectiveness; the objectives of prisons are completely
marred in preventing crime. The high costs of maintaining them, and the detrimental socio-
economic effects of mass incarceration, the dynamics of social relationships in the prison will be
thoroughly studied. Prison rape, prison gangs, bullying and prison riots are predominant parts of
prisonization and prison culture. These all concepts would be discussed broadly in comparing the
conditions of prisons in developed and underdeveloped countries.
This course module will be delivered using a variety of methods such as assigned readings,
lectures, individual and group papers and presentations, experiential exercises, case analysis,
quizzes and special assignments. Videos and movies would form an integral part of the teaching
methodology.
2. Course Aims
1. To introduce the concepts, models and theories needed to understand punishment, impact
of punishment on the offender, and the society in general.
2. To provide knowledge on the basic concepts and theories underlying earlier and present
punitive approaches in lieu of victimological analysis.
3. To enhance the student’s capacity to explain, understand, predict, maintain and change
offender’s behavior and their outlook towards crime in general and their own personal
conflict in particular, to help restore their normal condition with the help of treatment
programs and also to measure the efficacy of such programs in an institutional setting.
4. To provide students with the skills needed to understand current measures regarding
Punishment with rehabilitative aspect to reform the prisoners and how far these goals have
been achieved effectively and efficiently over the reaction of victimization..
5. To introduce ideas useful in the analysis of offending behavior, criminal propensity, prison
culture and its impact on the mindset, and reformative processes leading to change in the
concept of ‘offender’ to reformed and contributory ‘citizen’.
6. Describe to students what Social Workers, Counselors, Spiritual Gurus, Meditators and
paraprofessionals teach and educate prisoners on unlearning offending behavior and
learning of positive feelings, making peace with inner conflict, forsaking revengeful
attitude, change of perception, and formation of positive attitudes and opinions towards
themselves and the world, which would overcome their victimization after the penal
sanction.
3. Teaching Methodology
Case study and Case Discussion, class tests, Debate, Lecture-demonstration by instructor, Reading
assignments in journals, monographs, etc. and Presentation on relevant and current issues by the
students in the classroom.
4. Intended Learning Outcomes
Course Intending Learning Outcomes
Weight Teaching and
Learning
Activities
Assessment
Tasks/
Activities
Demonstrate knowledge and understanding
of the contested, multi-faceted purposes and
contemporary use of the correctional
services, in theory and practice, eastern and
western context of punishment including the
use of the death penalty, corporal
punishment and life imprisonment, and the
alternative theory and practice of
punishment offered by restorative justice.
25% Students will do
research on the
topic allocated and
prepare a PPT and
present it in the
class.
Research Paper
Having successfully completed this module,
students will be able to demonstrate
knowledge and understanding of the
concepts and theory on Penology.
50% Students will have
regular classes
covering each topic
mentioned and
interactive sessions.
End Term
Examination
based on the
whole Syllabus
Course Intending Learning Outcomes
Weight Teaching and
Learning
Activities
Assessment
Tasks/
Activities
Develop students’ critical knowledge of
penological research and the criminological
debates in this area.
25% Class discussion,
participation and
Debate
In class
activities
5. Grading of Student Achievement
Of the total score required to pass this course, a minimum of 50% shall be obtained by the student
in the course work (i.e., combined score of internal assessments and end semester examination).
Grade Sheet
Percentage
of Marks
Grade Grade
Value
Grade Description
80 and above O 8 Outstanding – Exceptional knowledge of the subject
matter, thorough understanding of issues; ability to
synthesize ideas, rules and principles and extraordinary
critical and analytical ability
75 – 79 A+ 7.5 Excellent - Sound knowledge of the subject matter,
thorough understanding of issues; ability to synthesize
ideas, rules and principles and critical and analytical
ability
70 – 74 A 7 Very Good - Sound knowledge of the subject matter,
excellent organizational capacity, ability to synthesize
ideas, rules and principles, critically analyse existing
materials and originality in thinking and presentation
65 – 69 A- 6 Good - Good understanding of the subject matter,
ability to identify issues and provide balanced solutions
to problems and good critical and analytical skills
60 – 64 B+ 5 Fair – Average understanding of the subject matter,
limited ability to identify issues and provide solutions to
problems and reasonable critical and analytical skills
55 – 59 B 4 Acceptable- Adequate knowledge of the subject matter
to go to the next level of study and reasonable critical
and analytical skills.
Percentage
of Marks
Grade Grade
Value
Grade Description
50 – 54 B- 3 Marginal- Limited knowledge of the subject matter and
irrelevant use of materials and, poor critical and
analytical skills
Below 50 F 0 Fail - Poor comprehension of the subject matter; poor
critical and analytical skills and marginal use of the
relevant materials. Will require repeating the course
6. Criteria for Student Assessments
Internal assessment of the participants will be based on the following criteria. In case any of the
participant miss the IA tests, alternative internal assessments will be conducted (Please specify the
alternative assessment)
Assessment Weightage Remarks
Research Paper 25 Marks How to analyze, present and discuss punishment & correction
based on one’s analytical ability over the module.
Presentation and
discussion
15 Marks Class presentation over the worked research paper
Class
participation
10 Marks Class discussion & dialogue
End Semester
Examination
50 marks There will be an end semester examination for all students of
the course to analyze the theoretical reasoning and case
analysis over the module. (closed book examination)
Part IV
Course/Class Policies
Academic Integrity and Honesty
Learning and knowledge production of any kind is always a collaborative process. As such,
collaboration demands an ethical responsibility to acknowledge who we have learnt what from,
and how reading and learning from others have helped us shape our own ideas. Even originality
requires an acknowledgement of the sources and the processes that helped you achieve it. Thus,
any idea, sentence or paragraph you refer to or are inspired by must be cited in the piece of writing
or any presentation being made. Any source from the internet, articles, books, journals, magazines,
case law, statute, photographs, films, paintings, etc. must be credited with the original source. If
the source or inspiration for your idea is a friend, a casual chat, something that you overheard, or
heard being discussed at a conference or in class, even these must be credited. If you paraphrase
or directly quote from a web source in the exam, presentation or essays, the source must be
explicitly mentioned. The university has strict rules with consequences for students involved in
plagiarism. This is an issue of academic integrity on which no compromise will be made, especially
as students have already been trained in the perils of lifting sentences or paragraphs from others
and claiming authorship of them.
Disability Support and Accommodation Requirements
JGU endeavors to make all its courses accessible to students. All students with a known disability
needing academic accommodations are required to register with the Disability Support Committee
[email protected]. The Committee has so far identified the following conditions that could possibly
hinder student’s overall well-being. These include: physical and mobility related difficulties;
visual impairment; hearing impairment; medical conditions; specific learning difficulties e.g.
dyslexia; mental health.
The Disability Support Committee maintains strict confidentiality in its discussions. The students
should preferably register with the Committee in the month of June/January as disability
accommodation requires early planning. DSC will approve and coordinate all the disability related
services such as appointment of academic mentors, specialized interventions and course related
requirements such as accessible classrooms for lectures, tutorials and examinations.
All faculty members are required to refer students with any of the above-mentioned conditions to
the Disability Support Committee for addressing disability-related accommodation requirements.
Safe Space Pledge
This course may discuss a range of issues and events that might result in distress for some students.
Discussions in the course might also provoke strong emotional responses. To make sure that all
students collectively benefit from the course, and do not feel troubled due to either the contents of
the course, or the conduct of the discussions, it is incumbent upon all within the classroom to
pledge to maintain respect towards our peers. This does not mean that you need to feel restrained
about what you feel and what you want to say. Conversely, this is about creating a safe space where
everyone can speak and learn without inhibition and fear. This responsibility lies not only on
students, but also the instructor.
Plagiarism
Plagiarism in any form is prohibited.
Cell Phones
Cell phones or such other devices should not be used for classroom activities as they distract other
students, speakers and the instructor.
Laptops and Similar Gadgets
Laptop and similar gadgets can be used only on the instruction of the professor.
Part V
Reading Materials
For the list of relevant reading materials, see Relevant Readings provided in and at the end of
weekly course plan.
Keywords for the Syllabus
Reformation, Punishment, Sentence, Prison, Offender
Course Design and Overview
S.no. Topic and Description Reading Materials
1. 1
.
UNIT I INTRODUCTION
Chapter 1. Introduction to Penology
What is Penology/ Punishment,
Punishment for breaking the law,
Punishment as response, The aim and
distribution of Punishment,
Punishment in Ancient M, Medieval and
Modern India.
Questions for further discussion
1. Cavadino, M., Dignan, J. and Mair, G. (2013) The
Penal System: An Introduction, 5th edition,
London: Sage.
2.
Chapter 2. Overview to Victimology
Victim, Victimization, Reaction of Victim
and Reaction to Victimization
Conclusion
Questions for further discussion
3. 2
.
UNIT II GENERAL THEORIES
Chapter 3. Retributivism
Retributivism is not vengeance, Moral
responsibility and wickedness, The
problems with desert, Making Punishment
fit the crime,
Conclusion
Questions for further discussion
1. Braithwaite, John and Philip Pettit (1990) So
Just Deserts: A Republican Theory of Criminal
Justice. Oxford: Clarendon.
2. Mark D. While (ed.) (2011) Retributivism:
Essays on Theory and Policy, Oxford: Oxford
University Press.
4.
Chapter 4. Deterrence
What is deterrence, Deterrence and crime
reduction, Deterrence and desert,
Deterrence and difference, The data on
Deterrence, Judging success, Deterrence,
Intuitions and Knowledge limits, Should
Government Deter,
Conclusion
Questions for further discussion
Chapter 5. Rehabilitation
What is Rehabilitation, letting a thousand
reforms bloom, Rehabilitation as
Punishment, The role of morality, The
problem of individualization, Is
rehabilitation deterrence by another name,
Does rehabilitation work, The problem of
the unreformable,
Conclusion
Questions for further discussion
1. Ellis, Anthony (2003) ‘A Deterrence Theory of
Punishment’, Philosophical Quarterly, 5k, 337-
51.
2. Feinberg, Joel (1970) Doing and Deserving:
Essays in the Theory of Responsibility,
Princeton: Princeton University Press.
3. Crow, lain (2001) The Treatment and
Rehabilitation of Offenders. London; Sage.
4. Cullen, Francis T., and Karen Gilbert (1982)
Reaffirming Rehabilitation, Cincinnati, OH:
Anderson Publishing.
5. Chapter 6. Sociology of Punishment
Contribution of Emile Durkheim, Max
Weber, Marxism, Norbet Elias and Michel
Foucault to punishment model
Conclusion
Questions for further discussion
6.
Chapter 7. Restorative Justice
What is restorative justice, Is restorative
justice punishment, Is restoration
1. Kathleen (2003) “Mind the Gap: Restorative
Justice in Theory and Practice” in Andrew von
Hirsch, Julian Roberts, Anthony E. Bottoms,
rehabilitation by another name, The role
of victims, Community sentencing, Shame
punishments, The limits of restorative
justice, Does restorative Justice work,
Conclusion
Questions for further discussion
UNIT III KINDS OF PUNISHMENT
Chapter 8. Capital Punishment
Justifications against capital punishment,
Justifications for and against,
Conclusion
Questions for further discussion
Kent Roach, and Mara Schill (eds). Restorative
Justice and Criminal Justice: Competing or
Reconcilable Paradigms? Oxford: Hart. pp.
219-36.
2. Hood, Dennis (2002) The Death Penalty: A
Worldwide Perspective, Third Edition. New
York: Oxford University Press.
3. Sarat, Austin (2002) When the State Kills:
Capital Punishment and the American
Condition. Princeton, NJ: Princeton University
Press.
7. 5
.
Chapter 9. Juvenile Justice
(Care and Protection
of Children) Act, 2000
Chapter 10. The Probation of
Offenders Act, 1958
Conclusion
Questions for further discussion
1. Van, stone (2002) Understanding Community
Penalties: Probation, Policy, and Social
Change, Buckingham: Open University Press.
8. Chapter 11. Prison System
Types of Prison and personnel in
prison
Conclusion
Questions for further discussion
9. 6
.
UNIT IV PROBLEMS WITH PRISON
Chapter 12. Gangs and violence in Prison
Types of Prison Gangs, Gang
Membership, Participation in the Inmate
Economy, Participation in Violence,
Types of Gang Violence in Prison, Gangs
as a Correlate of Violence, Reporting
Issues
Solutions to Gangs, Identification,
Segregation, and Tracking Treatment,
Rehabilitation, and Education, Curbing
Contra band Connections with Loved
Ones, Technology and Prison Structure,
Pro: Positive Aspects of Prison Gangs,
Con: Drawbacks of Prison Gangs
Conclusion
Questions for further discussion
1. Gses, Gerald G., Susan Wallace, Evan Gilman,
Jody Klein-Saffran, and Sharon Suppa (2001)
The Influence of Prison Gang Affiliation on
Violence and Other Prison Gang Misconduct.
Washington, DC: Bureau of Prisons, U.S.
Department of Justice.
10. Chapter 13. Prison Overcrowding
Prisons Versus Jails, Overcrowding
Versus Over-imprisonment, Measuring
Overcrowding, Consequences of
Overcrowding: What's the Problem?,
Specific Problems from Overcrowding,
Responding to Overcrowding, Pro:
Arguments for Population Reduction
Strategies, Community Programs Versus
Prison Programs, Con: Arguments
Against Population Reduction Strategies,
The Road Ahead,
Conclusion
1. Austin, James (1986) “Using Early Release to
Relieve Prison Crowding: A Dilemma in Public
Policy,” Crime and Delinquency, v. 32.
2. Giertz, J. Fred, and Peter F. Nardulli (1985)
“Prison Overcrowding,” Public Choice, v. 46.
Questions for further discussion
11.
UNIT V RIGHTS OF PRISONERS
Chapter 14. Due Process Rights of
Prisoners
Male/ Female Prisoners, Preventive
Detention,
Conclusion
Questions for further discussion
1. Dilulio, John J. (1990) Courts, Corrections,
and the Constitution: The Impact of Judicial
Intervention on Prisons and Jails. New York:
Oxford University Press.
12.
Chapter 15. Due Process Rights of
Prisoners
Health care and medical assistance for
Prisoners, Legal assistance for Prisoners,
Conclusion
Questions for further discussion
1. Awofeso, N. (2005) “Making Prison Health
Care More Efficient,” British Medical
Journal, v.331.
2. Palmer, John W. (2009) Constitutional Rights of
Prisoners. Cincinnati, OH: Anderson Publishing.
3. Hudson, B. (2003) Understanding Justice: An
Introduction to Ideas, Perspectives and
Controversies in Modern Penal Theory, 2nd
edition. Buckingham: Open University Press.
4. Cullen, Eric and Tim Newell (1999), Murderers
and Life Imprisonment: Containment,
Treatment, Safety and Risk. Winchester:
Waterside Press.
13.
Chapter 16. Due Process Rights of
Prisoners
Mentally Ill and mentally challenged
Prisoners,
1. American Psychiatric Association. (1994)
Diagnostic and Statistical Manual of Mental
Disorders, Fourth Edition (DSM-IV). Washington,
DC: American Psychiatric Association.
Conclusion
Questions for further discussion
2. Beck, Allen J., and Laura M. Maruschak (2001)
Mental Health Treatment in State Prisons, 2000.
Washington, DC: U.S. Department of Justice,
Office of Justice Programs, Bureau of Justice
Statistics.
14. 11
.
Chapter 17. Due Process Rights of
Prisoners
Treatment Programs, Religious Rights for
Prisoners,
Conclusion
Questions for further discussion
1. Crow, lain (2001) The Treatment and
Rehabilitation of Offenders. London; Sage.
2. Clear, Todd, Bruce Stout, Harry Dammer,
Patricia Hardyman, and Carol Shapiro (1992)
Prisoners, Prisons and Religion: Final Report.
Newark, NJ: Rutgers University.
3. Clear, Todd R., and Melvina T. Sumter (2002)
“Prisoners, Prison, and Religion: Religion and
Adjustment to Prison,” In Religion, the
Community, and the Rehabilitation of Criminal
Offenders, edited by Thomas P. O'Connor and
Nathaniel J Pallone. New York: The Haworth
Press.
15. 12
.
Chapter 18. Due Process Rights of
Prisoners
Prison Labour,
Conclusion
Questions for further discussion
1. Smith, Earl, and Angela J. Hattery (2008)
“Incarceration: A Tool for Racial Segregation
and Labor Exploitation,” Race, Gender and
Class, v. 15.
2. Weiss, Robert P, (2001) “Repatriating Low-
Wage Work: The Political Economy of Prison
Labor Reprivatization in the Postindustrial
United States,” Criminology, v.39/2.
16. Chapter 19. Plea-bargaining
Sentencing and non-Custodial Penalties
Discharges, fines, community punishment
Conclusion
Questions for further discussion
17. 14
.
Chapter 20. Parole
Chapter 21. Furlough
Conclusion
Questions for further discussion
1. Cheliotis, Leonidas K. (2009) “Before the Next
Storm: Some Evidence-Based Reminders About
Temporary Release,” International Journal of
Offender Therapy and Comparative
Criminology, v.54/4.
2. Petersilia, Joan (2003) When Prisoners
Come Home: Parole and Prisoner Reentry.
New York: Oxford University Press.
18. 15
.
Chapter 22:
Corrections Procedure and Rules
Evolution of Correctional Philosophy –
Medical Model, Rehabilitation Model;
Individualization of treatment: meaning
and significance, Role of Voluntary
agencies in the prevention and correction
of offenders.
Conclusion
Questions for further discussion
1. Devasia VV and Devasia Leclamma, (1992),
Criminology, Victimology & Correction, Ashis
Publishing House.
2. Robert M. Carter, Daniel Glaser, Lesle Twilkins,
(1985) Correctional Institutions, Harpir and Row
Publishers Inc
Part V Relevant Readings
1. Easton, S. and Piper, C. (2013) Sentencing and Punishment: The Quest for Justice, 3rd edition.
Oxford: Oxford University Press.
2. Brudner, Alan (2009) Punishment and Freedom: A Liberal Theory of Penal Justice.
Oxford: Oxford University Press.
3. Clemmer, Donald (1958) The Prison Community, New York: Rinehart.