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Penology and Punishment Questions and Answers

1.

Arrange the following in the order in which they proceed for consideration of probation. Use the codes given below :

I. Judgement
II. Trial
III. Release on probation
IV. Successful completion of probation on revocation of probation.
Codes :

Exam Year(s)

UGC NET - 2012,

Answer: D

The order of the stages in considering probation is trial, judgment, release on probation, and successful completion or revocation of probation, that is II, I, III, IV.

An offender is first tried. If he is found guilty, a judgment is delivered, and the court may then direct that he be released on probation of good conduct instead of being sent to prison. The probationer's conduct is supervised, and the period ends either in successful completion or in revocation if the conditions are broken.

The other sequences put the judgment before the trial, or release on probation before the judgment, which is not possible, since probation is ordered only after a finding of guilt.

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2.

Which Commission given below has brought out a report on Capital Punishment ?

Exam Year(s)

UGC NET - 2012,

Answer: B

The Law Commission of India has brought out a report on capital punishment.

The Law Commission examined the question in its 35th report of 1967 and again in later reports, and it advised on whether the death penalty should be kept.

The Police Commission dealt with policing. The Human Rights Commission handles human rights complaints and has commented on the death penalty, but the standard report on capital punishment is the Law Commission's. The Central-State Commission is not a body that produced such a report.

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3.

The Act which provides for community service in India is

Exam Year(s)

UGC NET - 2012,

Answer: B

The Act that provides for community service is the Juvenile Justice Act.

Under the Juvenile Justice Act, 2000, the Board can, on finding that a juvenile has committed an offence, order the juvenile to perform community service, as an alternative to sending the child to a special home.

The Probation of Offenders Act provides for release on probation and the Domestic Violence Act for protection orders, and the Indian Penal Code lists the punishments of death, imprisonment, forfeiture of property and fine. None of them provides for community service as an order in the same way.

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4.

Historically victims (or their families) were permitted to take measures to avenge crime. This is called

I. Revenge
II. Retaliation
III. Retribution
IV. Rehabilitation
Choose the correct combination using the codes given below :

Exam Year(s)

UGC NET - 2012,

Answer: B

The practices of revenge, retaliation and retribution, statements I, II and III, are the historical measures to avenge crime.

In early societies the victim or his family took revenge on the offender, often by retaliation in kind, an eye for an eye, and the idea of retribution gave this the colour of a deserved punishment.

Rehabilitation is a modern idea of reforming the offender, so it is not a way of avenging crime. The options containing statement IV are therefore wrong.

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5.

Under the probation of Offender Act, Probation is granted mostly

Exam Year(s)

UGC NET - 2012,

Answer: B

Under the Probation of Offenders Act, 1958, probation is granted mostly to first offenders. The Act was meant to let a person who had committed a minor offence for the first time, and who is not a hardened criminal, remain in the community under supervision instead of going to prison, so that he can be reformed.

It is not given to all offenders, as serious offences are excluded. Terrorists and recidivists, who are repeat offenders, are the groups for whom the Act is least suited, because probation depends on the likelihood of reform.

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6.

Under the probation of Offender Act pre-sentence report is _______.

Exam Year(s)

UGC NET - 2012,

Answer: C

Under the Probation of Offenders Act a pre-sentence report is preferable, as in the key. The Act requires the court to consider the report of the probation officer, if there is one, before making an order, so the report is not compulsory in every case but the court is expected to call for it.

It is not mandatory, since the law says 'if any' and the court can proceed without it. It is not optional in the sense that the court may ignore it, and it is not unnecessary, because probation depends on the facts of the offender's character and surroundings that the report gives.

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7.

According to the Indian Penal Code, how many types of Punishments can be awarded to an offender ?

Exam Year(s)

UGC NET - 2012,

Answer: B

According to the Indian Penal Code, five types of punishment can be awarded: death, imprisonment for life, imprisonment, which may be rigorous or simple, forfeiture of property and fine. This is the list given in Section 53 of the Code.

The numbers 3, 7 and 6 do not match the list as it stands at present; the sixth item, transportation, was in the original text of the Code but has been replaced by imprisonment for life.

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8.

In your view, what objective does Capital Punishment represent ?

Exam Year(s)

UGC NET - 2012,

Answer: A

Capital punishment represents retribution as its objective: the offender pays with his life for the life he took, and society takes revenge for the gravest crimes on the principle of an eye for an eye. It is also justified by deterrence and incapacitation, but retribution is the objective most closely tied to it.

Self expiation means the offender atones through his own suffering, while reformation and rehabilitation aim to change the offender into a law abiding person, which is not possible if he is put to death.

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9.

A model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecified surface is known as

Exam Year(s)

UGC NET - 2012,

Answer: C

A model that encourages rehabilitation through general and relatively unspecified sentences is indeterminate sentencing. The court gives a range, such as one to ten years, and the actual time is decided later by a parole board or correctional authority according to the progress of the offender.

Determinate sentencing fixes the term in advance, and proportionate sentencing matches the punishment to the seriousness of the crime. So neither of them leaves the length to be decided by the offender's reform, and the option 'None of the above' is also wrong.

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10.

Who first introduced probation service for offenders ?

Exam Year(s)

UGC NET - 2012,

Answer: C

John Augustus, a Boston shoemaker, first introduced the probation service in 1841, when he stood bail for a drunkard offender, supervised him and showed to the court that he had reformed. He went on to take on the supervision of many more offenders and is called the father of probation.

John Howard is known for prison reform in England, and John Kennedy and John Ohlin are not associated with the founding of probation.

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