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EXAMINING THE INTERRELATIONSHIP BETWEEN CRIMINOLOGY ,

PENOLOGY AND CRIMINAL LAW

Introduction

The words Criminology , Penology and Criminal law are used in common parlance .In general
terms ,criminology denotes the study of criminal behaviour of individuals.Penology deals with
punishment. Criminal law denotes the statutory law related to crime .At the deep level these
three concepts and terms are having the interrelationship with eachother. So it becomes
necessary to clearly define and demarcate the relationship between Criminology ,Penology and
Criminal Law.In this article we will discuss the definition ,terms and the interrelationship
between Criminology ,Penology and Criminal law.

Criminology - Meaning and Definition

In general terms, the science in which all types of crimes are studied is called Criminology.
Criminology is the scientific study of crime and criminal behaviour, including the causes,
consequences, and prevention of criminal activity.

It is a subject area in which theories and methods from sociology, psychology, law, and other
disciplines are studied to better understand the nature and causes of crime, as well as the
responses to it. That is, it provides a In general terms, the science in which all types of crimes
are studied is called Criminology. Criminology is the scientific study of crime and criminal
behaviour, including the causes, consequences, and prevention of criminal activity.

It is a subject area in which theories and methods from sociology, psychology, law, and other
disciplines are studied to better understand the nature and causes of crime, as well as the
responses to it. .

Criminology studies the factors that contribute to criminal behaviour, such as social, economic,
and psychological factors, as well as the age, gender, race, and mental health status of criminals.
It also includes the study of the various components of the criminal justice system, such as law
enforcement, courts, and corrections, as well as the policies and practices that govern these
systems. Criminology is made up of two words crime and science, which means – “the science
or science under which crime is studied”. The study of crime is its focal point.
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In a broad sense, criminology is the science in which scientific study of crime explanation,
punishment system and re-establishment of criminals takes place. Thus Criminology mainly
studies three facts –

(1) Explanation of crime,

(2) Punishment for criminals,

(3) Re-establishment and reformation of criminals.

In this way, along with the explanation of crime in criminology, study of criminology and
diagnosis of crime is also included, which presents scientific analysis in relation to gradual
development of criminal law, causes of crime and control of crime.

According to Richard Nice – “Criminology is the science that deals with the study of crime, its
prevention and methods of punishment” (Dictionary of Criminology).

Criminology is a difficult subject, regarding the definition of which the views of the scholars
have been different. Some jurists give more importance to its legal aspect and some to its social
aspect. However, the main subject of criminology is crime and criminals, because crimes are
committed by human beings who are an integral part of society. Therefore crime cannot be
separated from society.

The definition given by various scholars is as follows 1–

According to Dr. Kenny – “Criminology is that branch of crime science which deals with the
causes of crime, their analysis and crime prevention.”

According to Sellin – “Criminology mainly studies ethical norms. Ethical norm is a rule that
prevents a person of a particular status or a particular group from behaving in a particular way
under certain circumstances.” .

According to Taft and England – “Criminology in the broad sense is that study (though not yet
a fully developed science) under whose subject matter explanation of crime and its prevention
along with punishment or treatment of criminals and juvenile delinquents can be included”.

In a narrower sense – “Criminology is the study which attempts to explain crime and to find
out how a person becomes a criminal”.

1
Ponnaiyan ,Criminology ,1995 Edition page 10
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According to Sethna – “Criminology is the study of the meaning of crime and its constituent
factors and an analysis of the causes and remedies of the thing going on in the name of crime.”
(M.J. Sethna, Society and the Criminal)

According to Caldwell – “Criminology is the complete study of the criminal, the crime and the
efforts made by the society to reduce or prevent crime.” (Robert G. Caldwell, Criminology)

According to ‘Webster’s Dictionary’ – “Criminology is the scientific study of crime as a social

fact or the study of criminals and their mental qualities, their habits and their discipline etc.”

According to Eliot – “Criminology may be defined as the scientific study of crime and its
treatment.

Although this definition takes crime and their treatment in its field, but still it is incomplete in
giving a correct understanding of the wide scope and nature of criminology. Because this
definition lacks the inclusion of punishment for criminals.

According to Mannehium – this is the study of crime, in which the types of crime, their extent
and the causal factors of their formation are also included. He has also included Criminology
in Criminology, in which the problems of crime prevention are studied by similar systems
dealing with punishment and crime and non-punitive measures.

According to Sutherland and Creasy – “Criminology is that branch of knowledge which

explains crime as a social phenomenon”.

In this definition, criminology is considered as the branch of knowledge studying crime as a

social phenomenon. Considering crime as a social phenomenon is an essential condition of this
definition.

It is clear from the above definition that it is impossible to give a definite unanimous definition
of Criminology. Therefore, Criminology can be understood in such a way that – “It is that part
of knowledge, which provides detailed subject matter for study in relation to crime, criminal,
criminal causation and social control of crime. Criminology has its own importance in being
studied as a subject. Man’s desire for more money, physical desires, hatred towards each other,
jealousy, suspicion, mistrust etc. are the main reasons for crimes and under criminology, the
causes of crime and their prevention measures are considered.

For this reason, the importance of criminology has increased in the present time, which we can
understand from the following points –
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(1) – Crimes against human body and property, crimes of social and economic nature, crimes
related to pollution of environment and water, crimes against state, crimes related to labor and
factory problems etc. The amount spent in each class can be ascertained only by joint survey
which makes the study of crime problem necessary.

(2) – This is the basic concept of criminology that no person is a criminal by birth, but a person
becomes a criminal due to circumstances and social environment. Under this, by improving the
attitude of the criminal, efforts are made to make him a normal law-abiding citizen in the
society, and for this personal punishment is adopted as a means.

(3) – One of the importance of criminology is that it ensures the strength of social security,
which helps in making the anti-social elements and those who violate the law virtuous. The
fear of punishment acts as a deterrent to keep the criminal away from crime.

(4) – Social service can also be done by its study. For example, for professionals who do social
service, knowledge of crimino-logy is essential. Similarly, it is necessary for magistrates,
police, advocates, prison officers, probation and parole officers to have adequate knowledge of
all aspects related to crime and criminal behaviour so that they can deal well with criminals.

Penology – Meaning and Definition

Penology is a multi-disciplinary subject that aims for the study and evaluation of the application
of penal laws onto the wrongdoers. It broadly explains the justification, characteristics, and
effectiveness of punishment in its various forms. In other words, it is a systematic study of
different facets of punishment and its impact on crimes, criminals, and society. As a matter of
fact, penology owes its origin to Cesare Beccaria, the classical school of criminology. This
Italian criminologist argued that justification of punishment must be to deter potential
criminals, and not merely to punish the offender. Later, it was during the end of the 19th century
that different theories of punishment were propounded focusing on the aims and objectives of
the punishmentThe scope of penology is vast and hence it becomes difficult to define the same.
Penology is almost seen in every aspect and type of punishment for the crimes and offences.
To limit the scope we have to study basically all the aspects of penology, where all the things
are explained in their wider senses.Modern penologists lay greater emphasis on the rationalism
of punishment. The penal policy should be more reformation oriented rather than coercive
penal sanctions. As Lewis Gillin (1871-1958) rightly observed2:

2
Lewis Gillin ,Thoughts on Criminology and Penology Page 243
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“The criminal is the product of his biological inheritance conditioned in his development by
the experiences of life to which he has been exposed from early infancy up to the commission
of a crime. By studying the offender in every possible way, the modern penology promises to
throw light on his conditioning and arrive at a diagnosis of the factors entering into each
individual case. From the standpoint of penology, it attempts to adapt the treatment of each
offender in accordance with the diagnosis obtained by the scientific study of the criminal.”

Adopting a similar approach to penology, the Supreme Court in Santa Singh v State of Punjab
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observed that “penology regards crime and criminal as equally material when the sentence has
to be awarded. It turns the focus not only on the gravity or nature of the crime but also on the
criminal and seeks to personalize the punishment so that the reformist component is also many
operatives as the deterrent element. A proper sentence is an amalgam of many factors such as
nature of the offence, circumstances, previous record of the offender, his age, education,
employment and family background, the possibility of social adjustment and reformation, etc.”

Penology is the discipline of criminology that studies punishment and the management of
criminally convicted individuals. It includes sentencing, jail, probation, parole, and other kinds
of punishment and rehabilitation in theory and practice. Penologists investigate the goals and
principles of punishment, as well as the efficacy of various correctional systems and initiatives.
The term "penology" comes from the word "punishment or penalty." The concept of 'Human
Rights' prompted the establishment of penology as a science. Penology is concerned with the
goals, morals, or societal justifications of punishment.

Definition of the Penology by scholars :

Penology is defined as the systematic knowledge of punishment. Its findings are important both
for criminal law and for general considerations on punishment in social sciences and
humanities.

Penology is a branch of criminology dealing with prison management and the treatment of
offenders.

The Oxford English Dictionary defines penology as “the study of the punishment of crime and
prison management”.

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SCC 45 345
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Penology is the study of the punishment of crime, in both its deterrent and its reformatory
aspects. It is the study of the management of prisons also.

Penology is the study, theory, and practice of prison management and criminal rehabilitation.

Penology is the branch of criminology concerned with prison management and prisoner
rehabilitation

Modern Penologists are whether the conventional forms of punishment should remain the
special or most important and primary weapon is restrictive criminal behavior or should be
supplemented and even replaced by a much more flexible or diversified combination of
measures of treatment of a reformative, restorative and protective nature. Punishment is a
considered as a social reaction to crime. It is a human act and involves deliberate infliction of
suffering on the wrong doer. It is an institutionalised suffering. Punishment is the reaction to
crime, which is a means of social control. Walter Reckless in considering the meaning of
punishment, says, "It is the redress that the common wealth takes against an offending
member". Punishment, according to Westermarck, is limited to "such suffering as is inflicted
upon the offender in a definite way by, or in the name of, the society of which he is a permanent
or temporary member. With a view to formulate a sociological rationale of punishment,
Jackson Toby brought out in an amplified manner that the society really has no other alternate
by which it can control deviations. According to him, punishment, as a social control, has every
possibilities of preventing or deterring crime of sustaining the morale of those e who conform
to the norms of the society and are morally committed to them and rehabilitating offenders.
According to Sir Walter Moberly suggests that punishment presumes that4 –

• What is inflicted is an ill, that is something unpleasant

• It is a sequel to some act which is disapproved by authority

• There is some correspondence between the punishment and the act which has evoked it

• Punishment is inflicted, that is imposed by someone's voluntary act

• Punishment is inflicted upon the criminal, or upon someone who is supposed to be answerable
for him and for his wrong doings

4
Penology and Punishments by Walter Moberly Page 346
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According to Grunhut, three components must be present if punishment is to act as a reasonable

means of checking crime –

• Speedy and inescapable detection and prosecution must convince the offender that crime does
not pay.

• After punishment the offender must have a fair chance to fresh start.

• The state, which claims the right of punishment, must uphold superior values, which the
offender can reasonably be expected to acknowledge.

Criminal law – Meaning and Definition

Criminal law is the body of law that defines conduct perceived as threatening to, harmful to,
or otherwise endangering the property, health, safety, and welfare of people.

Within the realm of criminal law, there are many different types of crimes, each with their own
set of punishments. Criminal law is the body of law that defines conduct perceived as
threatening to, harmful to, or otherwise endangering the property, health, safety, and welfare
of people.

Within the realm of criminal law, there are many different types of crimes, each with their own
set of punishments. Most criminal laws are established by statute, which is to say that the laws
are enacted by a legislature. In the United States, the federal government and each state have
their own criminal codes, which define specific crimes and the different degrees of each crime.

The specific penalties for each degree of crime vary from jurisdiction to jurisdiction. Federal
criminal law stands alone from each individual state's criminal law.

Generally, criminal law is defined by statutes with crimes classified based on the severity of
crimes. Within the legal system, the most serious infringements of criminal law are felonies,
followed by misdemeanors, and then infractions.

Felonies are the most serious crimes. They are punishable by imprisonment in state prison, or
in some cases, by death. Examples include murder, robbery, rape, arson, and drug trafficking.

Misdemeanors are less serious than felonies. They are punishable by imprisonment in county
jail, or by a fine. Examples include certain minor offenses such as theft, vandalism, certain
property crimes, and disorderly conduct.
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Infractions or citations are even less serious crimes. They are punishable by a fine, but not by
imprisonment. Examples include minor traffic violations, jaywalking, littering, public disorder
and, other less serious offenses.

Within each crime, there are also often degrees that taxonomize severity. The degree of a crime
is determined by a number of factors, including the severity of the harm caused (including
personal injury), the intent of the offender , and the offender's criminal history

For example, first-degree murder is the most serious level as it implies intent and
premeditation. However, second-degree murder does not require a showing of premeditation
and may be established by simply showing malice or reckless disregard for the lives of the
victims.

Criminal law serves several purposes and benefits society in the following ways5:
• Maintaining order. Criminal law provides predictability, letting people know what to
expect from others. Without criminal law, there would be chaos and uncertainty.
• Resolving disputes. The law makes it possible to resolve conflicts and disputes
between quarreling citizens. It provides a peaceful, orderly way to handle grievances.
• Protecting individuals and property. Criminal law protects citizens from criminals
who would inflict physical harm on others or take their worldly goods. Because of the
importance of property in capitalist America, many criminal laws are intended to punish
those who steal.
• Providing for smooth functioning of society. Criminal law enables the government
to collect taxes, control pollution, and accomplish other socially beneficial tasks.
• Safeguarding civil liberties. Criminal law protects individual rights

Interrelationship between Criminology , Penology and Criminal law

The general interrelationship between Criminology, Penology and Criminal law are generally
summarized in the following chart :

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Criminal law and society , An Introduction by Rakesh Mukherjee page 321
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Criminology and Criminal law

Criminology is a discipline which analyses and gathers the data of crime and criminal
behaviour. The word, ‘ology’ in criminology stands for study. The basic aim of criminology is
to assess the very nature of the crime, statistics of crime, criminal behaviour that motivates the
person to commit a crime and prevention of crimes

. Criminology is a very fascinating subject that includes the scientific principles to assess
criminal behaviour and psychology behind it. It also deals with the sociological aspects of
crime and also explains the reason behind the occurrence of crimes in our society.

Criminology basically is specified into three further branches. These are Sociology which deals
with the social aspect of the crimes, criminal aetiology which deals with the causation of crimes
and penology which deals with the mechanism of prevention of crimes. The objective of
criminology is to provide a codified, organised and structural subject that will try to find the
cause of crimes and will ultimately provide ways and remedies on how the crimes can be
reduced or eradicated.

Criminology is basically regarded as art or social science because unlike science it does not
work on coded or universally defined principles. There is not any proper theory which can be
given regarding criminology.

Criminal law, on the other hand, is basically a subset of principles or legally defined guidelines
or code of law which are passed by the political authority of any country and which applies
equally to all the members of the society without any prejudicial differences which are enforced
by the punishment and which aim to prevent the criminal tendencies that are prevalent in our
community. These are general penal sanctions which deter any person to commit any sort of
crime. They are just systematic coding principles. The difference between criminal law and
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other laws are not clear cut. Criminal law defines what can be constituted as crime and thereby
prohibits such types of acts. If anyone is guilty of committing such forbidden acts then
appropriate penal sanctions are given in the criminal statute. There are various sorts of
punishments which are given in the criminal law. Violators of principles given in the criminal
statute of any country can be compelled to give hefty fines and have to suffer appropriate
punishments too. Crime is anything which is forbidden by the appropriate criminal statute of
any country.

The very basic principles on which any criminal statute works is the evidence. Evidence is the
source for proving any criminal offence. It is the very basic foundation to establish any criminal
offence. Each state has its own criminal code and procedure in the United States of America.

Difference between Criminology and Criminal Law

Criminology is the study of crimes and other aspects related to it while criminal justice is the
application of criminology. The criminal justice system is not one authority. It comprises
various multi dictionary units that operate from ground level to the upper elite level. Criminal
law seeks to find the causes of crime, enforce laws, investigate the crime, punishes the
offenders and provides justice to those who are victims. It also seeks to rehabilitate offenders.
A forensic science expert who generally applies forensic science to trace the culprit, he is said
to be an expert in both the criminal law and in criminology because he studies and observes
the criminal behaviour and also investigates regarding crime-related aspects.

Criminal law and criminology both are related to each other. They both are interlinked. Both
criminal law and criminology are required for lawyers and law enforcement agencies who deal
with the psychology of criminals and various aspects related to crimes. Criminologists basically
focus on the pattern, behaviour and sociological aspects of crimes. They tend to observe the
patterns in criminal behaviour.

Criminal justice is an established legal system which investigates crimes, arrests criminals,
detains them and prosecutes the guilty ones. Criminal law is directly interlinked to law
enforcement agencies because their primary work is to detect the crimes and arrest the people
who are suspected of committing any offence. Criminology, on the other hand, is the detailed
study of the root cause of the crimes, its origin and also the psychological tendencies of a
criminal and the effect of crimes on society and on various parameters.
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Criminal law and criminology are the masters of their own respective domains. They have their
own specific niche. Criminal law is associated with the judicial and criminal justice system,
juvenile justice system, law enforcement agencies and with correctional institutions such as
prisons and rehabilitation centres. The main objective of the criminal law is to arrest the
criminals and to provide justice to the justice seekers. It works on a fixed principle.

Criminology is a whole other discipline which seeks to explore the crime and its tendencies
from the grass-root level. It not only studies criminal tendencies but also studies the direct
effects of crimes on society. It also seeks to study the efficacy of punishment and rehabilitation
facilities.

The relation between Criminology and Criminal Law

As I have already depicted in the former part of my article that criminal law and criminology
both play a crucial role in the detection and investigation of crimes. Both are connected and
heavily depend on each other to complete each others’ meanings. Criminal law is the study of
already established, formulated legal sets of legal principles. These formulated principles are
formed upon the basis of studies and statistics which have been gathered by the criminologists
over a period of time. The criminal justice system has been heavily influenced by criminology.
It has played a major role in advancing many principles of criminal laws.

The objective of criminology is the development of universal formulated sets of principles and
definitions regarding crimes, investigation of crimes, treatment of criminals and prevention of
crimes. Criminology is also as old as the criminal justice system and it is usually the critique
of the law. Criminology does not focus on the criminal justice system and other principles
related to criminal law, rather it takes a critical approach on law and how it is used. It places
less emphasis on principles related to criminal law and justice. The relation between
criminology and criminal law is inexplicable. They generally overlap and overshadow each
other’s functions.

Is Criminology good for Criminal Law ?

Criminology has many branches such as forensic experts, psychological experts, handwriting
and fingerprints analysis experts, criminal psychology and many more. During the
investigation phase of any crime, there are experts from various fields which are required to
solve the mystery of crime and to deduce the specific clue. Often a criminal or an accused
leaves various clues or cue cards behind him during the commission of a crime. These signals
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can only be grasped by the specific person who is an expert in that particular field. Handwriting
experts and fingerprints experts can easily deduce whether the particular handwriting belongs
to the accused or not. These experts who belong to the various strata from criminology often
cut the time and bring us closer towards the solving of a crime mystery.

Criminal law or criminal justice system uses traditional or conventional methods that usually
revolve around the same axis and generally involves the same theories and system which has
been there since the bygone. While criminology has been evolving and liberating itself from
time and it is up to date and works par with the latest technologies. It has been helpful in solving
many famous cases in the world. Criminology uses a number of disciplines such as drawing on
methods and techniques that have been developed in both natural and social sciences.

Criminological research depends on many governmental agencies and other law enforcement
agencies for the supply of important data and statistical research to continue their research. The
manner and extent of criminological research vary from country to country and in different
laws and provisions. The most common data that is used in criminology is the official and
government reports. These data are collected by law enforcement agencies through various
official research and reports. For example, police collect the data of crimes based on the number
of arrests they have made and a number of cases they have investigated. Criminology also
predicts future conduct of the person under specific certain conditions. This type of analysis of
criminology is known as, ‘Prediction Analysis’.

Typology method of criminology usually involves the classification of offenders into different
categories based on the type of crimes they have committed or similarity between them. These
can range from ‘Normal’ to ‘Habitual’. However, this method has more cons and it is not a
reliable method. This system was initially developed in Germany and Australia. This system
was criticised on the basis that it tends to reduce the complexity of crimes in simpler terms by
avoiding the individualistic differences between the offenders. Nevertheless, this system is still
used in present times but it is not that in vogue.

Apart from these methods criminology also uses many sociological and psychological theories
to deduce the individual behaviour of criminals. It is very useful from the view of criminal
justice law. Through these theories, biological and psychological differences of the criminals
under various social circumstances can be deduced and this can further prevent the cause and
rate of crimes in the future.
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Criminology, as it has depicted many times in the above article, is an essential and inseparable
part of the criminal law. Hence, this question should not arise in the first place, whether
criminology is good for criminal law or not? Without criminology, it would be nearly
impossible for law enforcement officers to solve the deep and hidden mysteries of crimes.
There is not any involvement of a single factor of criminology in the criminal law rather it
revolves around the criminal law. All of these factors depict the inherent complexity of
criminology and thus it leads to the conclusion that no single factor can decide the individual
behaviour or the root cause of any crime. It’s the amalgamation of many factors that work in
synchronisation .Both criminology and criminal law share symbiotic relationships between
each other and both are heavily dependent on each other. Many aspects and principles of
criminology are directly considered for the investigation of crimes and in other aspects of
criminal law. Criminology analyses and researches about the origin of crimes while criminal
law applies that principle. Thus, criminology is crucial for criminal law as it is an inseparable
and inevitable aspect of criminal law.

Criminology and Penology

Penology is a branch of Criminology . penology, the division of criminology that concerns

itself with the philosophy and practice of society in its efforts to repress criminal activities. As
the term signifies (from Latin poena, “pain,” or “suffering”), penology has stood in the past
and, for the most part, still stands for the policy of inflicting punishment on the offender as a
consequence of his wrongdoing; but it may reasonably be extended to cover other policies, not
punitive in character, such as probation, medical treatment, and education, aimed at the cure or
rehabilitation of the offender; and this is, in fact, the accepted present sense of the term. The
principal aims of penal science are: to bring to light the ethical bases of punishment, along with
the motives and purposes of society in inflicting it; to make a comparative study of penal laws
and procedures through history and between nations and, finally, to evaluate the social
consequences of the policies in force at a given time. Thus conceived, penology represents a
grouping of studies, some of which, dealing with the aims and the moral or social justifications
of punishment, date from a remote past, while others, having to do with the wider social
implications of the system, have scarcely yet made a beginning.

Modern penology dates from the publication of Cesare Beccaria’s pamphlet on Crimes and
Punishments in 1764. This represented a school of doctrine, born of the new humanitarian
impulse of the 18th century, with which Jean-Jacques Rousseau, Voltaire, and Montesquieu in
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France and Jeremy Bentham in England were associated. This, which came afterwards to be
known as the classical school, assumed every criminal act to be a deliberate choice determined
by a calculation of the prospective pleasures and pains of the act contemplated.6 All that was
needed to overcome the criminal purpose was to provide for each and every crime a penalty
adequate to overbalance its assumed advantages. Excessive penalties, such as death, were
unnecessary and therefore unjust.

The classical school was followed, a generation later, by the neoclassical school of the
revolutionary period in France, which modified Beccaria’s rigorous doctrine by insisting on
the recognition of varying degrees of moral, and therefore of legal, responsibility, as in the case
of children and the insane, as well as of mitigating circumstances in general. The doctrine of
the “individualization of punishment”—that is to say, of the punishment of the individual rather
than of the crime committed by him, which is of commanding importance in present-day
penology—is only a development of this fundamental principle of the neoclassical school.

This normal historical development of penology was interrupted during the last quarter of the
19th century by the widespread acceptance of the theory of crime and its treatment promulgated
by Cesare Lombroso and his disciples. This, at first known as the Italian, or continental, school
of criminology, was later named the positive school, so-called because it pursued the positive
methods of modern science. Its fundamental doctrine was that the criminal was doomed by his
inherited traits to a criminal career and was therefore a wholly irresponsible actor. Society
must, of course, protect itself against him, but to punish him as if he were a free moral agent
was as irrational as it was unethical.

Although the enthusiasm for the doctrines of the positive school waned and the alleged facts
on which they were based were largely discredited, it nevertheless left a valuable legacy of
influence. To it must be given much of the credit for the present active tendency to make the
mental study of the criminal an essential part of his diagnosis, a fact that has given the
psychologist and, particularly, the psychiatrist a leading place in the development of modern
penological theory. From studies such as these, criminologists discovered that there was no
single formula that accounted for all violators of the penal code, while the policy of the
individualization of punishment took on the form of individualization of treatment

Whereas criminology is the study of criminal behaviour . Criminology is the scientific

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Penology , History and Developments David Lean page 564
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procedure to studying both social and individual criminal actions. It is divided up into several
separate disciplines including psychology, economics, political science, natural science,
biology and the evolution and development of people. While other investigative professionals
are in charge of who committed a crime and how, criminologists are responsible for answering
why someone would be led to breaking the law or causing a crime. The field of study has a
long, rich history and has changed a lot.

Criminology truly began in Europe between the late 1700’s and the early 1800’s. Classical
school of criminology founders were theorists on crime and punishment development. These
people include writers Cesare Beccaria and Jeremy Bentham. Although torture was taking
place all over the continent, especially for confessions and testimonies, classical school
believed torture to be wrong. 7According to the classic school of thought, crimes are committed
through free will. People know what they are doing and should be punished. Those
consequences should be strong enough to deter other people from the crime and should be
harsher than the criminal gain. They did explain that the criminal justice system drastically
needed to be modernized and improved. At that time, criminal justice included
painful torture such as stretching, crushing and stabbing of the accused bodies. The classical
school aimed to improve the system partly by limiting or eliminating the torture. It marked the
beginning of great progress for the criminal justice system.

The Neo-classical school of thought followed the classic school and brought with it a few
revisions. For one, this way of thinking suggests that people can be led by behavior, which can
be irrational. It also suggests the world is imperfect and therefore there will always be mistakes.
Self-defense is included in the neo-classical school of thought too. Famous neo-classical
criminologists include Raymond Saleilles, author of The Individualization of Punishment and
his teacher Gabriel Tarde.

Determinism is the belief that all actions are pre-established in time and that free will is only
an illusion. It, along with the requirement of scientific evidence for criminal conviction, falls
under the positivist school of thought. Positivists believe that all people are different, both
intellectually and physically. Punishment within the positivist school of thought would not be
determined by crime, rather by person. Also, correction, treatment and rehabilitation are

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Criminology ,Developments and History by K.N Sean
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theoretically possible within all criminals and those that cannot be fixed should be killed.
Lombroso is credited with being the father of criminology and a positivist.

In the 1920s, Robert E. Park and Ernest Burgess presented their Chicago school of
thought through the University of Chicago. The study related criminology to sociology and
provided research on concentric zones, or zones in transition where people tend to be more
criminally active than others. Through the addition of Henry McKay and Clifford Shaw’s
research specifically on juvenile delinquents, a new social ecology study was developed. The
Chicago school of thought determined that crimes tend to be taught by older criminals whom
people may be associated with either personally or professionally.

Contemporary criminology includes a similar hedonistic theory that people can deter emotions
and actions according to incentive manipulation. Thus, criminology today includes
categorizing criminal’s motives whether they are instrumental or expressive. Instrumental
motivation means the person has more incentive, outside the act itself, for committing a crime.
There is a tangible benefit. For example, contract killers have the added incentive of money.
Gang members may commit crimes for the initiation incentive. When there are obvious signs
of instrumental motivation, there are generally harsher punishments for crimes as there is proof
behind premeditation. Expressive motivation is different than instrumental as it includes acts
done out of emotion. The crime itself is the desired result. Common feelings for expressive
motivation crimes include anger or rage, fear, jealousy and passion. They are frequently
committed in the heat of the moment as a means of overpowering the source of the criminal’s
frustration. In these instances, fifty-seven percent of the crimes occur to acquaintances which
include friends and relationships outside of marriage. Also, fifty three percent of the homicides
are blamed on arguments.8

Criminology combines social action data with criminal activity to understand motive and
determine appropriate consequences. As such, criminology is necessary for the proper
development and execution of criminal justice systems. From the case development to long
after the verdict, criminologists are responsible for understanding why criminals do what they
do. Through this information people will be safer, better understood and justly punished for
crimes. The ultimate motive behind criminology though, is the prevention of crime.

Penology and Criminal law

8
Criminology ,Yesterday and Today by Robert Sean Page 34
 17

Penology is a subfield of criminology that deals with the philosophy and practice of various
societies in their attempts to repress criminal activities, and satisfy public opinion via an
appropriate treatment regime for persons convicted of criminal offences

Penology is concerned with the effectiveness of those social processes devised and adopted for
the prevention of crime, via the repression or inhibition of criminal intent via the fear of
punishment. The study of penology therefore deals with the treatment of prisoners and the
subsequent rehabilitation of convicted criminals. It also encompasses aspects of probation
(rehabilitation of offenders in the community) as well as penitentiary science relating to the
secure detention and retraining of offenders committed to secure institutions.Whereas the
criminal law deals with the statutory law dealing with the crimes

CONCLUSION

The above discussed matters clearly indicate the differences and the relationship between
Criminology , Penology and Criminal law. Understanding these differences are essential to
clearly demarcate and know about the true nature of these three subjects. Understanding the
concepts and relationships of these three subjects will clearly enable us to navigate deeply
through these subjects.
 18

REFERENCES

BIBLIOGRAPHY

1. Prof. N.V. Paranjape - Criminology & Penology 18th edition.

2. R.V. Kelkar - Criminal Procedure 6th edition
3. Prof. N.V. Paranjape - Criminology & Penology 16th edition

4. Paul Tappan, Prof. N.V. Paranjape - Criminology & Penology 18th edition
5. Professor Keeny Criminology. (2009). Retrieved from
https://chilot.files.wordpress.com/2011/06/criminology.pdf
6. Criminology Faculty Of Law. (n.d.). Retrieved from -
file:///C:/Users/sonia/Desktop/criminology/Material%20CRIMINOLOGY%202017%
20for%20upload.pdf
7. SCC online
8. Garland, David. "The Punitive Society: Penology, Criminology and the History of the
Present." Edinburgh Law Review 1, no. 2 (January 1997): 180–99.
http://dx.doi.org/10.3366/elr.1997.1.2.180.
9. Normandeau, André. "The International Library of Criminology, Criminal Justice and
Penology." Canadian Journal of Criminology 39, no. 1 (January 1997): 85–86.
http://dx.doi.org/10.3138/cjcrim.39.1.85
10. De Agra, Candido. "The International Library of Criminology, Criminal Justice and
Penology." Canadian Journal of Criminology 39, no. 1 (January 1997): 86–89.
http://dx.doi.org/10.3138/cjcrim.39.1.86.
11. Matthews, Roger. "New Times, New Crimes: Notes on the Depillarization of the
Criminal Justice System." Critical Criminology 28, no. 3 (March 9, 2020): 309–26.
http://dx.doi.org/10.1007/s10612-020-09489-2.
12. Garland, David. "Book review: Michele Pifferi, Reinventing Punishment: A
Comparative History of Criminology and Penology in the Nineteenth and Twentieth
Centuries." Theoretical Criminology 21, no. 3 (May 1, 2017): 405–9.
http://dx.doi.org/10.1177/1362480617705807.
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13. Lin, Jonathan. "The historical development of criminological thought and theory as a
series of successive periods." Thesis, McGill University, 2012.
http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=110732.
14. Ponnaian, M. Criminology and penology. 4th ed. Delhi: Pon Rani Publications, 1995
15. El-Dakkak, M. Shokry. Criminology and penology. Abu Dhabi: Judicial Department,
2014.
16. Miethe, Terance D. Punishment: A comparative historical perspective. Cambridge,
UK: Cambridge University Press, 2005
17. Milovanovic, Dragan, and Stuart Henry. "Constitutive Penology." In Postmodern
Criminology, 153–70. Routledge, 2019. http://dx.doi.org/10.4324/9780429027055
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WEBLIOGRAPHY

1. www.niu.edu.in
2. www.penacclaims.com
3. www.livelaw.com
4. www.indiajusticereport.com
5. www.legalserviceindia.com
6. www.forumlaw.com
7. www.nhirc,nic,in
8. www.researchgate.net
9. www.criminallawjournal.org
10. www.journalppw.com
11. www.lawcorner.com

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