Penology and Victimology Notes | LL.B. (Three Years) Semester 5 | KSLU | munotes

Contents

Unit I

1. Penology and Victimology: What This Paper Covers, and How to Read This Book 1
2. The Meaning of Penology 5
3. Punishment: the Concept and the Definition 11
4. The Five Marks of a Punishment 15
5. Why the State Alone Punishes 18
6. A Short History of Punishment 22
7. The Classical Hindu Approach: Danda 27
8. Crime Prevention and Crime Control: The Difference, and the Modern Methods of Control 31
9. Crime Prevention: The Approaches, the Programmes and the Problems 35
10. The Police and the Criminal Justice System 40
11. The Structural Organisation of Police at the Centre and in the States 48
12. Theories of Punishment: An Overview 60
13. The Deterrent Theory 65
14. The Retributive Theory 71
15. The Preventive Theory 78
16. The Reformative Theory 83
17. The Expiation Theory 90
18. The Theories Compared 94
19. Which Theory Indian Law Has Adopted 98
20. The Ideal Penal System 102

Unit II

1. Kinds of Punishment Under the Sanhita 106
2. Imprisonment for Life, and What It Means 115
3. Solitary Confinement Under the Sanhita 119
4. Flogging, Branding and the Modes of Punishment Around the World 123
5. What Sentencing Is 127
6. The Approaches to Sentencing 131
7. The Sentencing Hearing 135
8. The Pre-Sentence Inquiry: Its Policy, Its Process and Its Use 139
9. Aggravating and Mitigating Circumstances 145
10. Proportionality in Sentencing 149
11. India Without a Sentencing Policy 153
12. Sentencing Guidelines: What Has Been Proposed 157
13. The Difficulty in Sentencing White Collar Criminals 161
14. Habitual Offenders 166
15. Capital Punishment: The Debate 173
16. The Offences Punishable With Death 179
17. Capital Punishment in India: The Law and the Rarest of Rare 183
18. Mercy, Delay and the Death Sentence 194
19. Euthanasia: Meaning and Kinds 204
20. Euthanasia in India Today: The 2023 Changes, Harish Rana and the Criminal Law 208

Unit III

1. Imprisonment: What It Is 215
2. The Need for Reformation and Rehabilitation of Offenders 220
3. Prison Reform: the History to 1947 228
4. Prison Reform Since 1947 232
5. The Judicial Approach to Prison Reform 236
6. Rights of Prisoners: the Foundation 241
7. Women Prisoners 246
8. Children of Women Prisoners 251
9. The Jail as a Reformative Institution 256
10. Vocational and Religious Education and Apprenticeship in Prison 261
11. Corrective Labour and Prison Wages 269
12. The Open Prison 274
13. The Efficacy of Imprisonment and the Search for Substitutes 279
14. Probation of Offenders: The Idea 288
15. Probation as an Alternative to Imprisonment, and Its Utility 296
16. The Probation of Offenders Act 1958: Admonition, Probation and the Young Offender 300
17. The Probation of Offenders Act 1958: Probation Officers, Breach and Procedure 311
18. Parole and Furlough: The Ideas and the Object 320
19. Parole in India and Its Conditions 330
20. Parole and Probation Compared 340
21. Community Service as a Sentence 346
22. Victimology: Definition, Nature and Development 351
23. The History of Victimology 357
24. The Philosophy of Victimology: Why the Victim Matters 362
25. The Victim and the Offender: The Role of Victims in Crime and the Kinds of Victim 366

Unit IV

1. Victimology: The European Experience 371
2. Victimology in the United Kingdom: The Criminal Injuries Compensation Scheme 376
3. Victimology: The American Experience, and the Remedies Across Countries 381
4. Victim Witness Assistance Programmes 386
5. Restitution 391
6. The Case for State Compensation, and Why the Criminal Law Falls Short 396
7. Administering a Victim Compensation Programme 401
8. The UN Declaration on Justice for Victims of Crime, 1985 406
9. Compensation and the Restorative Approach 412

Unit V

1. Victimology in India: How It Developed 416
2. The Victim and the Criminal Justice System in India 422
3. Compensation to the Victim 434
4. The Victim Compensation Scheme 438
5. The Victim's Right to Be Heard 442
6. Victims of Rape 448
7. Child Victims, and Victims of Domestic Violence 453
8. Consumer Victims, Victims of Communal Violence, and Victims Who Need Special Care 459
9. Rehabilitation and Reconciliation of Victims 464
10. The Role of the Courts: Compensation and Protection for Victims 473
11. The Role of the Judiciary: Compensation as a Public Law Remedy 478
12. Sexual Harassment at Work Before 2013: Vishaka and the Guidelines 486
13. The National Human Rights Commission: Constitution and Appointment 494
14. The NHRC: Functions and Powers 500
15. The NHRC and the Victims of Crime 510