Meaning, Nature and Scope of Criminology and Penology

INTRODUCTION TO CRIMINOLOGY AND PENOLOGY

1. Criminology and Penology Meaning, Nature and Scope of Criminology

2. Meaning of criminology The word Criminology was originally formed by joining two ancient Greek words “ krino ” meaning accusation and “logos” meaning reason or study. Criminology is the scientific study of wrongdoing, including its causes, reactions by law implementation, and techniques for avoidance. It is a sub-gathering of sociology, which is the logical investigation of social conduct. Thus, Criminology is an academic discipline that uses the scientific method to study the nature, extent, cause, and control of criminal behavior .

3. Importance of criminology Reduction in crime : Criminology helps society understand, control, and reduce crime. Studying crime helps discover and analyse its causes, which can be used towards crime reduction policies and initiatives. It helps understand the mindset of criminals : Criminology helps understand the mindset of criminals, why they commit crimes, and the factors that affect them. This helps in the proper allocation of resources to control crime. Reform of criminals : As well as controlling and reducing crime, criminology can also suggest appropriate measures for the rehabilitation of criminals.

4. Characteristics of crime External consequences- harmful impact on society . Any immoral or reprehensible behaviour is not a crime unless it has been outlawed in advance . For instance, live-in relation is not a criminal conduct as there is mo law to outlaw it. Actus reus Means rea Prohibited act- prohibited or forbidden in existing penal laws. Causal relation (cause and effect relation) between the voluntary misconduct and the resulting harm. Punishment - The action order to constitute a crime should not only be prohibited by the law but should also be punishable by the State.

5. Nature and Scope of Criminology Prof. W.A. Bonger (September 6, 1876 – May 15, 1940) was a Dutch criminologist and sociologist preferred to study theoretical criminology under the following sub-heads:- Criminal Anthropology- to understand the personality of the offenders in physical terms. This view is no longer supported by modern criminologists but it does have its theoretical importance. Criminal Sociology- It is based on Sutherland’s theory of ‘differential association’ which explains criminal behaviour as a process of learning through association with other criminals. Criminal Psychology- It seeks to correlate criminality to emotional aspect of human nature. Criminal psycho- neuro -pathology- Attributes criminality to functional deviations and mental conflicts in the personality of the offender. Eg . Inferiority complex, frustration, depression, anxiety, etc. Penology- concerns itself with various aspects of punishment and penal policies.

6. Early concept of crime In ancient time any act by a person or even an animal which caused harm to any other person was considered as punishable crime. The punishments at earlier times were way different that it is now. The wrongdoers were beheaded or thrown out of the country as per their acts. To punish animals, stones were thrown at them. Crime is a changing concept dependent upon the social development of people that is upon the fundamental interest and values dominating their common beliefs. The nature of crime is changing due to the changes in the society and the environment.

7. Emile Durkheim in his treatise ‘Crime as a normal phenomenon’ says, “ a society composed of persons with angelic qualities would not be free from violations of the norms of that society. I fact, crime is a dynamic concept changing with social transformation .” He argues that crime is a necessary feature of every society as it is a fundamental condition of social organisation . Different groups have variable and often incompatible interests in the society which give rise to conflicts eventually resulting in the incidence of crime.

8. Fundamentals of modern Criminal Law ‘ actus non facit reum nisi mens sit rea ’ ‘ ignorantia facit excusat , ignorantia juris non excusat ’ No ex post facto legislation to be made applicable. An accused shall be presumed innocent unless proved guilt. An accomplice is treated at par with accused and is punished equally. Safeguards extended to accused in course of trial- protection against double jeopardy and self-incrimination. It is generally said that criminal law is an index of civilisation because it is sensitive to the changes in social structure and reflects mental fibre of a given society. Prof. Friedman calls criminal law a barometer of moral thinking. According to Wechester , “ crime is a formal social condemnation of forbidden conduct buttressed by sanction calculated to prevent it.”