Law Info Nepal

1.3 Interrelationship between Criminology and Penology

यो उत्तर युनिट १ मा छ — पूरै निःशुल्क।

Penology defined: the punishment's study — the penalty's theory, the prison's system, the corrections' practice (the society's reaction's institutional face). The relationship's anatomy: The division of labour: criminology asks why the crime (the aetiology); penology asks what to do with the criminal (the response) — the science-and-practice pair; The mutual dependence: the sound penology needs the sound criminology (the punishment's theory presupposes the causation's theory — the deterministic criminology → the treatment-penology; the choice-criminology → the deterrence-penology — Unit 2's link to Unit 4); the criminology's findings need the penology's test (the "what works" evaluation); The shared field: the recidivism (the criminology's measure + the penology's failure-or- success indicator); the correctional treatment (the joint enterprise — the individualised sentence's science-and-craft); The historical companions: the classical school's birth (Beccaria) as BOTH the criminology's and the penology's founding (the proportional punishment = the theory of crime-and-penalty together); the positivist turn (Lombroso) as the penology's clinical turn (the treatment, the indeterminate sentence); The modern synthesis: the criminology-and-penology as the criminal policy's two hands (the legislature's evidence-base: the laws shaped by the crime's science — the Nepal face: the Criminal Code 2074's and the Sentencing Act 2074's modernisation as the penological reform; the Children's Act 2075's diversion-and-reform philosophy). Exam Focus Long questions: (i) The concept, nature and scope (Sutherland's trio + the scope's list — the unit's banker); (ii) The study methods (the toolkit's full craft); (iii) The criminology- penology interrelationship (the essay's synthesis). Short questions: the dark figure; the victimology; the Sutherland definition; the triangulation. Trick areas: (i) Criminology is NOT the criminal law's study alone — the reaction's study (the enforcement-and-penalty) is inside the scope (Sutherland's third face); (ii) The official statistics measure the REPORTED crime, not the crime — the dark figure's correction is the methodological classic; (iii) Penology is the punishment's study — the prison's study is only its part (the prison ≠ penology); (iv) The definitional relativity: crime is a legal category that CHANGES — the criminology's dynamic nature.

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