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Penology and Punishment Questions and Answers

11.

The purpose of punishment is

(i) Incapacitation
(ii) Deterrence
(iii) Reformation
(iv) Discrimination
Choose the correct combination, using the code

Exam Year(s)

UGC NET - 2012,

Answer: A

The purposes of punishment are incapacitation, deterrence and reformation, that is (i), (ii) and (iii). Incapacitation keeps the offender from committing further crime, deterrence discourages him and others from offending, and reformation aims to change him.

Discrimination (iv) is not a purpose of punishment; it is contrary to the principle of equal treatment before the law. So any combination containing it is wrong.

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12.

Arrange the following concepts in the order in which they evolved :

(i) Reformation
(ii) Retribution
(iii) Deterrence
(iv) Reintegration
Codes :

Exam Year(s)

UGC NET - 2012,

Answer: B

The order in which the objectives of punishment evolved is retribution, deterrence, reformation and then reintegration, that is (ii), (iii), (i), (iv). Early punishment was revenge, then came the aim of discouraging others, then the modern aim of reforming the offender, and finally the aim of bringing the offender back into the community.

The other orders put reformation or reintegration before retribution, which does not fit this development.

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13.

Probation and parole

Exam Year(s)

UGC NET - 2012,

Answer: D

Probation and parole are distinctly different forms of community correction administered by different authorities. Probation is a sentence given by the court instead of imprisonment, and the probation officer supervises the offender, while parole is the release of a prisoner before his term ends, decided by an executive or parole board.

They are not the same, as the first option says, and they do not use the same office, as the second option says. Probation is handed down by courts, but parole is not a sentence, so the third option, which says both are sentences handed over by courts, is also wrong.

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14.

A sentencing alternative that requires offenders to spend at least a part of their time working for a community agency is called ________.

Exam Year(s)

UGC NET - 2012,

Answer: D

A sentencing alternative that requires offenders to spend at least a part of their time working for a community agency is called community service. The offender works without pay for a charity, a public body or some other agency, as a way of making amends to society.

Compensation and restitution are payments to the victim, and a victim impact statement is a statement that tells the court how the crime affected the victim. None of these is work for a community agency.

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15.

A Court order in response to a violation of conditions of probation, taking away a person's probationary status, thereby withdrawing the freedom is called ________.

Exam Year(s)

UGC NET - 2012,

Answer: C

A court order in response to a violation of the conditions of probation, taking away the probationary status and with it the freedom, is called probation revocation. The offender is sent to serve the sentence in prison, or is given another sentence.

Parole revocation is the corresponding step for a parolee, which the board orders and not the court, a split sentence combines prison and probation, and probation restriction is not a recognised term for this.

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16.

'Eye for an Eye' and 'Tooth for a Tooth' reflects which theory of punishment ?

Exam Year(s)

UGC NET - 2012,

Answer: B

'An eye for an eye' reflects retribution, the theory that an offender must suffer in proportion to the harm done, in the spirit of the lex talionis.

Self-expiation is wrong: it means the offender atones for his own wrong. Reformation is wrong: it aims to change the offender. Deterrence is wrong: it aims to prevent future crime by fear of punishment, not to repay the harm. The principle is old, appearing in the Code of Hammurabi, and modern retributivists restate it as just deserts, meaning the punishment must be proportionate to the offence.

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17.

'The act of taking revenge upon a criminal perpetrator' is known as :

Exam Year(s)

UGC NET - 2012,

Answer: D

Taking revenge on a criminal for what he has done is retribution, the idea that wrongdoing deserves repayment.

Sentencing is wrong: it is the act of imposing punishment. Incapacitation is wrong: it removes the ability to offend again. Deterrence is wrong: it aims at discouraging crime, not at revenge. Retribution looks backward at the offence committed, while deterrence and incapacitation look forward to preventing future crime.

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18.

Incarcerating serious offenders and dealing with minor offenders in less restrictive ways is known as

Exam Year(s)

UGC NET - 2012,

Answer: B

Selective incapacitation means confining serious or high-risk offenders for long periods while handling minor offenders in less restrictive ways, such as community sanctions.

Unusual punishment is wrong: it is a term from constitutional law about cruel and unusual punishment. Castration is wrong: it is a specific physical sanction. Revenge is wrong: it is a motive and not a policy of sorting offenders. It is a policy aimed at the small group of repeat offenders who commit a large share of crime, and it is criticised because the prediction of who is dangerous is often wrong.

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19.

Assertion (A) : Deterrence is the effect of punishment that prevents an individual from committing crimes.

Reason (R) : Deterrence is based on the assumption that punishing individuals who are convicted of crimes will stop them from committing further crimes. Being rational persons and wishing to avoid pain, they will not violate the law.

Exam Year(s)

UGC NET - 2012,

Answer: B

Both statements are correct, and the reason explains the assertion: deterrence works on the assumption that offenders are rational and avoid pain, so punishing those convicted should keep them from repeating offences.

The options that call (A) wrong or (R) wrong are mistaken, since the assertion defines deterrence and the reason supplies its logic.

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20.

'Re-imposition of a Criminal Sanction by a Sentencing authority is

Exam Year(s)

UGC NET - 2012,

Answer: B

The re-imposition of a criminal sanction by a sentencing authority is sentencing, the stage at which the court decides the punishment of a convicted person. Bail is temporary release, and judicial custody is detention by court order. So the answer follows the key, B. Sentencing may take the form of a fine, probation, imprisonment or death in the most serious cases, and it follows conviction, so it is distinct from custody before trial, which is what bail and judicial custody concern.

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