Part Two

Penology

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 Chapter One
Introduction To Penology

A :- Definition :

The "penology" word is derived from "punishment or

penalty" word .
The energetic movement of human rights contributed to the
adoption of the reforms penology as a science.
Now, as the struggle against criminality uses not only
penalties but also security measures and pure social methods,
the denomination of penology became anachronistic.
penology as a science could be divided into prevention science
and treatment science. The prevention science operates before
the commission of the crime, while the treatment science takes
place after the occurrence of the crime to emend the criminal
and avoid his recidivism. And also suggests the ideal methods
of prevention and treatment, therefore it traces the ideal
criminal policy.
In conclusion we mean by penology nowadays "a substitute
which we call "science of struggle against criminality "that
means the ideal methods of prevention and treatment as
regards criminality ".
so we shall explain at first the prevention and after that the
treatment whether its method is legislative, judicial or
executive. (1)
___________________
(1) Andenaes, Johannes , "The general preventive effects of punishment."
University of Pennsylvania Law Review ,U.S.A ,1966, pp: 949-983.
- Gibbs, Jack P. ,"Crime, punishment and deterrence." Southwest Social
Science Quarterly , 1968 , pp: 515-530.
- Green, Donald E., "Past behavior as a measure of actual future behavior:
An unresolved issue in perceptual deterrence research." Journal of Criminal
Law and Criminology, 1989 , pp: 781-804.
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 B :- Crime Prevention :-
B.1- Concepts of Crime Prevention :
Terms such as "prevention," "control," and "deterrence" are
frequently encountered in the literature of crime.
However, their meaning often varies from one text to another.
In this respect, penology is like most social sciences that is,
there are few rigorous and universally accepted definitions.
Rather, certain terms and concepts take on a general meaning,
with more agreement on usage than on definition.
"Crime prevention" is a term that is often used very broadly .
It has served to justify many diverse programs.
Thus, proposals to censor children's television, raise the
minimum wage, or require school prayer all have proponents
who argue that these measures will contribute to a reduction in
crime and delinquency.
While most of the basic constraints on criminal behavior are
established by such institutions as the family, schools, media,
and other forces that inculcate general cultural values, there
are other institutions involved, more directly connected to the
prevention of crime.
The most apparent of these is the criminal justice system,
with its concepts of deterrence and its mechanisms for
apprehension of offenders, adjudication of their guilt or
innocence, and the punishment and hopefully the rehabilitation
of those found guilty of violating the law. (1)
_____________________
(1) Gibbs, Jack P. ,"Crime, punishment and deterrence." Southwest Social
Science Quarterly , 1968 , pp: 515-530.
- Green, Donald E., "Past behavior as a measure of actual future behavior: An
unresolved issue in perceptual deterrence research." Journal of Criminal Law
and Criminology, 1989 , pp: 781-804.

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 B.2-Crime Prevention and crime Control :
Crime prevention and control are usually differentiated in that
prevention is thought of as the effort to forestall or deter the
commission of a crime while control refers to measures of
dealing with the crime and the criminal after the act has been
committed.
Thus police patrol, job training, and youth counseling can all
be seen as preventive measures.
In contrast, arrest, trial, and incarceration are aspects of
control.
Some would argue, however, that police patrol is also an
aspect of crime control, since an effective patrol instills a fear
of arrest and punishment in the potential offender and thus
discourages crime.
In a similar vein, treatment programs aimed at convicted
offenders can be considered control measures because they
occur after a crime has taken place.
So crime Control refers to those activities (detection,
apprehension, prosecution, adjudication, and post-adjudicatory
efforts) in which society primarily engages in response to
criminal acts once they have occurred.
on the other hand Prevention of the crime" denotes a range of
societal activities which are designed to inhibit the occurrence
of criminal behavior by interrupting the social, psychological,
and situational processes believed to encourage it, and by
supporting those processes which are believed to encourage
law-abiding behavior. (1)
_____________________
(1) Gibbs, Jack P. ,"Crime, punishment and deterrence." Southwest Social
Science Quarterly , 1968 , pp: 515-530.
- Green, Donald E., "Past behavior as a measure of actual future behavior: An
unresolved issue in perceptual deterrence research." Journal of Criminal Law
and Criminology, 1989 , pp: 781-804.
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 In practice most people do not make such theoretical
distinctions, and in common parlance any measures taken to
deter the commission of an offense are usually considered
crime prevention.
The prevention/control, before/ after dichotomy is useful,
however, in focusing attention on philosophical approaches to
the crime problem.
An emphasis on prevention aims at significantly reducing,
even eradicating, crime. Control, on the other hand, concedes
that a certain amount of crime will always occur and
emphasizes measures to keep it within bounds.
The practical effect of this distinction will be apparent when
we discuss anticrime policies.

B. 3- Models of Prevention and Control :-

All systems of prevention and control are implicitly or
explicitly based on theories of causation. Adherents of the
classical school of criminology subscribe to the belief that
offenders knowingly choose to engage in wrongful acts and
that therefore the best means of preventing crime is to make
punishments for criminal behavior greater than anticipated
rewards.
While few contemporary policy-makers totally accept such
tenets, classical philosophy still underlies our criminal law in
what might be termed the punitive or rational-legal model of
prevention and control.
The functions of arrest, prosecution, and punishment can of
course be carried out by the criminal justice system only after
the commission of a crime has occurred, when general and
specific (or special) deterrence are called into play. (1)
_____________________
(1) Gibbs, Jack P. ,"Crime, punishment and deterrence." Southwest Social
Science Quarterly , 1968 , pp: 515-530.
- Green, Donald E., "Past behavior as a measure of actual future behavior: An
unresolved issue in perceptual deterrence research." Journal of Criminal Law
and Criminology, 1989 , pp: 781-804.
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 B. 3.1 THE PUNITIVE MODEL :
The imposition of criminal penalties on convicted offenders
is the essence of the punitive model.
The basic rationale is that punishment of convicted offenders
"teaches them a lesson" while it serves as a deterrent to others .
The former is known as specific deterrence, the latter as
general deterrence.
At one time it was widely accepted that punishment must be
severe in order to have the desired effect of deterrence.
Therefore, in some societies, such as eighteenth-century
England, hanging was common for even the pettiest offenses.
An alternative notion is that severity of punishment is less
important than its certainty.
One problem arises from the differential impact of sanctions
on individuals.
To some people the mere fact of an arrest, even without
prosecution or further punishment, would constitute such a
severe disgrace in their own minds or public reputations that
they would never chance its happening.
To others a jail term may mean little unless it is of
considerable duration. Differences of opinion are rife in
criminological and political circles over the effect of
punishment on inhibition of criminal behavior, reaching the
point of sharpest debate over the death penalty. (1)

A view that has received considerable attention is a modified

version of the punitive model. (1)
_____________________
(1) Gibbs, Jack P. ,"Crime, punishment and deterrence." Southwest Social
Science Quarterly , 1968 , pp: 515-530.
- Green, Donald E., "Past behavior as a measure of actual future behavior: An
unresolved issue in perceptual deterrence research." Journal of Criminal Law
and Criminology, 1989 , pp: 781-804.

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 Adherents argue that apprehended criminals must be
incarcerated in order to "incapacitate" them a technical term
that covers all methods of making a person incapable of
committing another criminal act, methods that may include
execution, exile, detention, physical mutilation, and
incarceration.

B. 3.2 THE CORRECTIONAL MODEL :

Explanations of crime causation other than the classical one
suggest alternative rationales for prevention and control.
The tenets of positivism have given rise to what might be
termed the socio-psychological or correctional concept of
crime prevention. This holds that criminal offenders are moti-
vated by either individual personality defects or societal
imperfections or by both.

The means used for the prevention of crime will largely

depend on which aspect of causation is embraced.
For example, the notion that criminal behavior is primarily
a result of individual maladjustment suggests that attempts be
made to identify potential offenders through their personality
patterns, and that they be offered treatment before engaging in
crime or after conviction to discourage further illegal
activity.
Counseling, behavior modification, transactional analysis,
drug treatment, psychotherapy, and other methods have been
tried for effecting change in prospective or actual offenders.
In this approach, correctional concepts can serve as both
preventive and control measures because they can be
administered before or after the commission of a crime. (1)
_____________________
(1) Gibbs, Jack P. ,"Crime, punishment and deterrence." Southwest Social
Science Quarterly , 1968 , pp: 515-530.
- Green, Donald E., "Past behavior as a measure of actual future behavior: An
unresolved issue in perceptual deterrence research." Journal of Criminal Law
and Criminology, 1989 , pp: 781-804.
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 If the etiology of crime is believed to be rooted in the social
organization, or lack of it, the correctional model proposes that
the remedy is to "treat" society itself. This may involve
programs to eliminate poverty and racial discrimination or
create a sense of community.
It might also mean basic structural changes in the economic
and political system. Some schools of thought, for example,
contend that only a socialist state can adequately meet the
problem of crime.

The correctional model is based on the proposition that the

formation of criminal desire should be prevented before
offenses are perpetrated, or, if this is not successful, that such
desire should be eradicated from convicted offenders. (1)

The implementation of correctional efforts on a broad scale

can be most costly. The varied approaches may be directed
toward individuals or whole societies. (1)
However, correctional approaches differ widely from one
another in their policy implications .(Those who believe that
crime is a function of individual maladjustment do not differ
from those who support punitive concepts in their approval of
the arrest of offenders.
Indeed, some support the use of legal authority to compel
individuals to be "treated." This is not the case with those who
view crime as a failure of society.
If criminals are victims of society, it follows (for some
people) that they should not be punished and cannot be treated,
since it is society that is the culprit.
_____________________
(1) Bailey, William C. , "Deterrence and the death penalty for murders in Utah:
A time series analysis." Journal of Contemporary Law , 1978 , pp: 1-20.
- Green, Gary S. , "General deterrence and television cable crime: A field
experiment in social control." Criminology , 1985 , pp : 629-645.

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 The proponents of societal guilt occasionally contend that the
logical extension of this viewpoint is to arrest virtually no
conventional index crime offenders, although most shrink
from the full implications of this position.

Rather, they combine the responsibility of society for its

inequities with the necessity of social defense against their
consequences:
that is, one must work toward radical change in society, while
at the same time protecting its members from being victimized
by its victims (i.e., potential or actual offenders). (1)
The correctional system can rehabilitate offenders. Indeed,
the system was characterized as providing only human
warehouses where no rehabilitation can take place.

In the 1970s considerable doubt was cast on the notion that

Proposals for reform range from abandonment of the idea of
rehabilitation in favor of a return to punitive functions (with
mandatory prison sentences) to closing of penal facilities in
favor of an alternative system of treatment. It is generally
agreed .
However, that some form of incarceration must continue in all
societies, if for no other reason than that incapacitation, at least
temporarily, protects society from dangerous offenders .

_____________________
(1) McDowall, David, Alan Lizotte, and Brian Wiersema , "General deterrence
through civilian gun ownership." Criminology, 1991 , pp: 541-559.
- Minor, William M., and Joseph Harry , "Deterrent and experiential effects in
perceptual deterrence research: A replication and extension." Journal of
Research in Crime and Delinquency, 1982 , pp : 190-203.

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 B. 3.3 THE MECHANISTIC MODEL:
A third approach to crime prevention involves measures to
reduce the opportunity for crime to occur. For example,
placing strong locks on apartment doors may discourage all
but the most skilled burglar; use of exact-fare systems in
public transportation often seems to reduce the robbery rate.
Opportunity reduction has been called mechanical or
mechanistic prevention because it seeks to redesign the
environment (not because it necessarily involves any
mechanical device). (1)
The mechanistic model differs from other types of
prevention because it emphasizes the victim or object of crime
rather than the offender, and does not primarily involve
punishment or rehabilitation.
Certain aspects of the mechanistic approach do, however,
depend on altering offender perceptions.
These are measures designed to increase the risks in
committing crime.
For example, the rationale for the installation of bright street
lighting is that it will make street crime more visible and
therefore more likely to be interrupted, either directly by
police or by citizens who may summon them.
Thus the preventive aspects of the mechanistic model interact
with the control aspects of the punitive model, since it would
not be worthwhile to increase the risks of apprehension if there
were no possibility of punishment.
The mechanistic or mechanical model concentrates on the
victims of crime, the persons and objects injured or threatened,
and the material property vulnerable to theft or actually stolen.
_____________________
(1) McDowall, David, Alan Lizotte, and Brian Wiersema , "General deterrence
through civilian gun ownership." Criminology, 1991 , pp: 541-559.
- Minor, William M., and Joseph Harry , "Deterrent and experiential effects in
perceptual deterrence research: A replication and extension." Journal of
Research in Crime and Delinquency, 1982 , pp : 190-203.
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 It seeks to foreclose criminal opportunities. It overlaps with
the punitive in that both seek to increase the risks and hazards
of crime and thus discourage the criminal.
The mechanical approach, however, poses a problem in that
it fails to come to terms with the dedicated offender. Since not
all opportunities can be foreclosed at all times, the criminal
may simply move from one target to another.

B. 3.4 THE POLICY OF IMPLICATIONS:

The Models Weighed and Considered
Over the past few decades, the essence of crime prevention
and indeed of the overall system of criminal justice has been a
combination of punitive and correctional concepts.
The dominant theme of the system is that criminals must be
caught and processed, but those who are convicted should be
rehabilitated rather than punished.
Therefore, when a criminal is sent to prison, the proponents
both of punishment and of rehabilitation can feel some
satisfaction, the former because the offender is getting his due
and the latter because the maladjusted individual is receiving
treatment.
In the real world, both ordinary citizens and, policy-makers
are constantly accepting or rejecting various strands of
criminological theory ,even though they may not be aware of
it.
Political candidates who promise mandatory prison sentences
for drug dealers are espousing the tenets of classical
criminology, urging a punitive model of crime prevention.
That is, they are arguing that the behavior of drug dealers is
essentially rational and can therefore be prevented by making
the penalty sufficiently severe.
In some Criminologists point of view prisons must be closed
and inmates transferred to community treatment centers are
affirming their faith in the correctional model, as developed in
theories of positivism.
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 A community group that petitions the city to install street
lights is in effect supporting the mechanical model of crime
prevention, since its members evidently believe that the lights
will reduce the opportunity for crime and therefore the
likelihood of its occurring.
Then there are those who contend that priorities must be
reordered that.
for example, the most serious public danger is posed by
white-collar and corporate offenders who commit crimes with
far-reaching effects but are rarely caught, tried, or punished,
and if punished generally receive lenient treatment.
One problem in determining crime prevention policies is the
fact that in speaking of crime some Criminologists are using a
single term to describe what we have seen is a considerably
complex array of heterogeneous human behavior.
Even index crime covers a wide range of activities, and
conventional street crime covers such disparate acts as juvenile
automobile theft for joyriding purposes to burglary, which
does not literally occur on the street.
As a result ,there has emerged among criminologists a
movement to deal with the various types of crime in a
narrower and more specific context. (1)
These crime specific analysts seek to study a particular
offense, such as burglary or robbery (or, even more precisely,
street mugging), in all its dimensions, including the offender,
victim , environmental factors, and legal processing, in the
hope of arriving at more realistic policy recommendations.
In a similar vein, one can study a specific geographical area
and the forms, nature, and impact of crime as it occurs in that
locality. Such studies are based on the concept that references
to crime and criminals are too broad and discussion .
_______________________
(1) Gregory Zilboorg, M.D., The Psychology of the Criminal Act and
Punishment, Greenwood Press, New York, 1968 , p. 97.

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 Questions
1-Define penology and briefly discus crime prevention and its
concepts ?
2-Briefly discus the major deference between Crime
Prevention and crime Control ?
3- Briefly discus Models of Prevention and Control ?

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