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

dsc@jgu.edu.in. 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.