Penology: Omnis condemnatio est percunaria (all condemnation results in financial

compensation)

1. The study of the punishment of crime, in both its deterrent and its reformatory aspects.
2. The study of the management of prisons.

(Greek poinḗ penalty)+ Logy

Benninghausen is an admirable example of the application of the allopathic principle to

penology.

1. the branch of the social sciences concerned with the punishment of crime
2. the science of prison management

Word Origin and History for penology

"study of punishment and crime prevention," 1838, coined apparently by Francis Lieber,
corresponding member of the Philadelphia Society for Alleviating the Miseries of Public
Prisons, from pen- as in penitentiary (ultimately from Latin poena "penalty, punishment;" see
penal ) + -ology "study of." Related: Penologist; penological.

Penal

1. Of, relating to, or involving punishment, as for crimes or offenses.

2. Prescribing punishment: penal laws.

3. Constituting punishment:
He survived the years of penal hardship.
4. used as a place of confinement and punishment: a penal colony.
5. Subject to or incurring punishment: a penal offense.
6. Payable or forfeitable as a penalty: a penal sum.

penitentiary
1. a place for imprisonment, reformatory discipline, or punishment, especially a prison
maintained in the U.S. by a state or the federal government for serious offenders.
2. Roman Catholic Church. a tribunal in the Curia Romana, presided over by a cardinal
(grand penitentiary) having jurisdiction over certain matters, as penance, confession,
dispensation, absolution, and impediments, and dealing with questions of conscience reserved
for the Holy See.

(RC Church)

1. a cleric appointed to supervise the administration of the sacrament of penance in a

particular area
2. a priest who has special faculties to absolve particularly grave sins
3. a cardinal who presides over a tribunal that decides all matters affecting the sacrament
of penance
4. this tribunal itself

Word Origin and History for penitentiary

Early 15c., "place of punishment for offenses against the church," from Medieval Latin
penitentiaria, from fem. of penitentiarius (adj.) "of penance," from Latin paenitentia
"penitence" (see penitence ). Meaning "house of correction" (originally an asylum for
prostitutes) is from 1806, short for penitentiary house (1776). Slang shortening pen is attested
from 1884

Nature of punishment, its justification and its beneficial consequences: positive

knowledge, a set of assertions

Dry Cell

In prison terminology a dry cell is a room that prisoners are placed in that lacks any
plumbing facilities such as a toilet or shower. In the Federal Bureau of Prisons, a dry cell can
be used if a prisoner claims to be unable to urinate for a drug test under direct visual
supervision.[1] Prisoners are also sometimes placed in dry cells if they are suspected of having
swallowed contraband. The idea is that they will eventually excrete all the contents of their
digestive system, and lacking any toilet, they will be unable to dispose of it and thereby
prevent prison officials from acquiring the evidence.[2]

Sentence

A sentence is a decree of punishment. In law, a sentence forms the final explicit act of a
judge-ruled process, and also the symbolic principal act connected to his function. The
sentence can generally involve a decree of imprisonment, a fine and/or other punishments
against a defendant convicted of a crime. Those imprisoned for multiple crimes will serve a
consecutive sentence (in which the period of imprisonment equals the sum of all the
sentences), a concurrent sentence (in which the period of imprisonment equals the length of
the longest sentence), or somewhere in between, sometimes subject to a cap. Additional
sentences include: Intermediate or those served on the weekend (usually Fri-Sun),
Determinate or a specific set amount of time (90 days) or Indeterminate which are those
that have a minimum and maximum time (90 to 120 days). If a sentence gets reduced to a less
harsh punishment, then the sentence is said to have been "mitigated" or "commuted". Rarely
(depending on circumstances) murder charges are "mitigated" and reduced to manslaughter
charges. However, in certain legal systems, a defendant may be punished beyond the terms of
the sentence, e.g. social stigma, loss of governmental benefits, or, collectively, the collateral
consequences of criminal charges.

Statutes often specify the range of penalties that may be imposed for various offenses, and
sentencing guidelines sometimes regulate what punishment within those ranges can be
imposed given a certain set of offense and offender characteristics. However, in some
jurisdictions, prosecutors have great influence over the punishments actually handed down,
by virtue of their discretion to decide what offenses to charge the offender with and what
facts they will seek to prove or to ask the defendant to stipulate to in a plea agreement. It has
been argued that legislators have an incentive to enact tougher sentences than even they
would like to see applied to the typical defendant, since they recognize that the blame for an
inadequate sentencing range to handle a particular egregious crime would fall upon
legislators, but the blame for excessive punishments would fall upon prosecutors.[1]

Sentencing law sometimes includes "cliffs" that result in much stiffer penalties when certain
facts apply. For instance, an armed career criminal or habitual offender law may subject a
defendant to a significant increase in his sentence if he commits a third offense of a certain
kind. This makes it difficult for fine gradations in punishments to be achieved.

Contents

 1 History
 2 Classification
 3 Philosophies
 4 Process

History

The first use of this word with this meaning was in Roman law, where it indicated the opinion
of a jurist on a given question, expressed in written or in oral responsa. It was also the
opinion of senators (that was translated into the senatus consultus). It finally was also the
decision of the judging organ (both in civil and in penal trials), as well as the decision of the
Arbiters (in arbitration).

In modern Latin systems the sentence is mainly the final act of any procedure in which a
judge, or more generally an organ is called to express his evaluation, therefore it can be
issued practically in any field of law requiring a function of evaluation of something by an
organ.

Classification

Sentences are variously classified depending on

 the legal field, or kind of action, or system it refers to:

o Civil, penal, administrative, canon ...sentence.
o Sentences of mere clearance, of condemnation, of constitution.
 The issuing organ (typically a monocratic judge or a court, or other figures that
receive legitimacy by the system).
 The jurisdiction and the legal competence: single judges, courts, tribunals, appeals,
supreme courts, constitutional courts, etc., meant as the various degrees of judgment
and appeal.
 the content:
 o partial, cautelar, interlocutory, preliminar (sententia instructoria), definitive
sentences.
o sentence of absolutio (discharge) or condemnatio (briefly damnatio, also for
other meanings - condemnation). The sentences of condemnation are also
classified by the penalty they determine:
 sentence of reclusion,
 sentence of fee,
 sententia agendi, sentence that imposes a determined action (or a series
of actions) as a penalty for the illegal act. This kind of sentence
became better developed and remained in wider use in common law
systems.

Philosophies

The sentence meted out depends on the philosophical principle used by the court and what
the legal system regards as the purpose of punishment. The most common purposes of
sentencing are:

 Retribution
 Deterrence
 Denunciation
 Incapacitation
 Rehabilitation
 Reparation

Theory Aim of theory Suitable punishment

Punishment imposed for no reason other than  Tariff sentences
an offense being committed, on the basis that  Sentence must be
Retribution if proportionate, punishment is morally proportionate to the
acceptable as a response that satisfies the crime
aggrieved party, their intimates and society.
 To the individual - the individual is  Prison sentence
Deterrence deterred through fear of further  Heavy fine
punishment.  Long sentence as an
  To the general public - potential example to others
offenders warned as to likely
punishment.

 Reflects
Society expressing its disapproval reinforcing blameworthiness of
Denunciation
moral boundaries offense

 Long prison sentence

Incapacitation Offender is made incapable of committing
 Electronic tagging
protection of further crime to protect society at large from
 Banning orders
the public crime

 Individualized
sentences
Rehabilitation To reform the offender's behaviour  Community service
orders

 Compensation
 Unpaid work
Reparation Repayment to victim(s) or to community
 Reparation schemes

Roman justice was earlier advocated by Plato

Omnis condemnatio est percunaria (all condemnation results in financial compensation)
Offending amounts to being indebted to the injured party. Once the compensation was paid
the conflict was resolved and the offender restored to his rights and privileges.

Process

Usually the sentence comes after a process in which the deciding organ is put in condition to
evaluate whether the analysed conduct complies or not with the legal systems, and eventually
which aspects of the conduct might regard which laws. Depending on respective systems, the
phases that precede the sentence may vary relevantly and the sentence can be resisted (by
both parties) up to a given degree of appeal.
The sentence issued by the appellate court of highest admitted degree immediately becomes
the definitive sentence, as well as the sentence issued in minor degrees that is not resisted by
the condemned or by the accuser (or is not resisted within a given time). The sentence usually
has to be rendered in public domain (publicatio) and in most systems it has to be
accompanied by the reasons for its content (a sort of story of the juridical reflections and
evaluations that the judging organ used to produce it).

A sentence (even a definitive one) can be annulled in some given cases that many systems
usually pre-determine. The most frequent case is related to irregularities found ex-post in the
procedure; the most éclatant is perhaps in penal cases, when a relevant (often discharging)
proof is discovered after the definitive sentence.

In most systems the definitive sentence is unique, in the precise sense that no one can be
judged more than once for the same action (apart, obviously, from appeal resistance).

Sentences are in many systems a source of law, as an authoritative interpretation of the law in
front of concrete cases, thus quite as an extension of the ordinary formal documental system.

The sentence is generally issued by the judge in the name of (or on the behalf of) the superior
authority of the state.

Victimology

the study of crime victims and the psychological effects of being a victim.

the study of the psychological effects experienced by the victims of crime.

1958, from French victimologie (1956), from victime