DEPARTMENT OF

CRIMINOLOGY
(CRIM 122)

Designed by Dr TO Magadze
Does crime really pay?
ROAD SIGN TO
CORRECTION
Destination of criminals
 Learning Outcomes
Demonstrate the understanding of
operational concepts within corrections or
penology;
Knowledge about the background of
corrections/penology;
Provide a brief overview of the role of
Penology in the Criminology field;
Understand the specialized fields in
Penology
 CORRECTIONS/PENOLOGY
ACRONYMS
CAO :Correctional Assessment Official
CAT :Comprehensive Assessment Team
CIT :Correctional Intervention Team
CMC :Case Management Committee
CRT :Case Review Team
CSPB :Correctional Supervision and
Parole Board
ORP :Offender Rehabilitation Path
 Operational concepts/definition with
the field of corrections/penology
PAROLE (DCS Act 111 of 1998 Section73-

82,136)

Parole refers to a period during which an offender

who has served the prescribed minimum detention

of his or her sentence in a correctional centre, is

conditionally released to serve the remaining

sentence in the community under the supervision

 CORRECTIONAL SUPERVISION (DCS Act 111 of
1998 Chap. VII Section 73-82; Criminal Procedure
Act 51 of 1977, section 276(1)(h), 290(1)(a), 297(1)
(a)(i)(cc)
Correctional Supervision is a sentencing option (CPA

section 276(h), 290(1)(a), 297(1)(a)(i)(cc)) exercised by

the court which is served within the community. This

sentencing option can either be imposed following a

portion of the sentence being served in a correctional

centre or the person can be admitted directly into

community corrections system from court.

 DAY PAROLE (DCS Act 111 of 1998 chap VII

S54 (1)(A)

Day parole is a management mechanism

preceding the parole phase designed to assist

an offender with his re-entry into the

community by releasing him into the

community gradually and under controlled

circumstances. Offenders on day parole have to

return to a correctional centre after hours.

 Amnesty (SA Constitution Act 108
of1996) DCS Act 111 of 1998 Section 81
& 82)

The granting of amnesty is the prerogative

of the president and is usually allocated on
special occasions/ to mark certain events.
Amnesty is a sentences reduction and the
term and conditions are determined by the
President. In this regard the DCS must
comply with the administrative steps as
specified in the presidential decree.
 Case file
Contains all documents pertaining to the

individual offender/probationer/parolee, e.g.

the detail report, orientation information,

checklist, admission assessment,

comprehensive assessment, risk profile,

correctional sentence plan, classification

placement, and case notes.

DIFFERENT TYPES OF PRISON SENTENCES
The following sentences involving imprisonment can be
imposed by a court:

1. IMPRISONMENT FOR A DETERMINATE PERIOD:

This sentence will set down a fixed period for which the
offender will be imprisoned, specifying a starting and ending
date. A person may not be sentenced to imprisonment for less
than four days, but there is no limit on the maximum length
(Criminal Procedure Act 51 of 1977, s284.
2. IMPRISONMENT FOR AN INDETERMINATE PERIOD:

A court may declare a person a dangerous criminal and

sentence him or her to imprisonment for a period that
is not longer than the jurisdiction of that court. When
this period expires, the person has to be brought
before the court again to assess whether the sentence
should be extended, the person be released
conditionally or unconditionally or placed under
correctional supervision (Criminal Procedure Act S286
B).
3. PERSON DECLARED AS A HABITUAL CRIMINAL:

An offender may be declared a habitual criminal if

the court feels that the community should be
protected against him or her. A person declared as a
habitual criminal may be detained for a period of 15
years, but may be placed on parole after a period of
at least 7 years has passed. The court may further
impose additional punishments not exceeding 15
years imprisonment (S73(60)(c)). For more
information on this see calculation of sentences.
4. PERIODICAL IMPRISONMENT:

Subject to certain conditions, a court may impose a

prison term of not less than 100 hours (4.2 days)
and not more than 2000 hours (83.3 days), that can
be served in periods of not less than 24 hours and
not more than 96 hours at a time Criminal
Procedure Act S285, R29).
5. CORRECTIONAL SUPERVISION:

This sentencing option provides for a wide range of

conditions and requirements that can be imposed
on an offender. In essence, it provides for an
alternatives to imprisonment, but can be combined
with a term of imprisonment, or a term of
imprisonment can, under certain conditions, be
converted to a sentence of correctional supervision,
allowing for the prisoner to be released from prison.
6. IMPRISONMENT FROM WHICH A PERSON MAY BE
PLACED ON CORRECTIONAL SUPERVISION:

If the prison term to which an offender is sentenced

is less than five years, or if it is more than five years
but the prisoners date of release is not more than
five years into the future, the Commissioner may
request that the court reconsider the sentence and
convert the prison term to one of correctional
supervision.
7. SUSPENDED TERM OF IMPRISONMENT:

When passing sentence a court may suspend a term of

imprisonment on certain conditions, for examples that the
offender does not commit another crime for a specific period.

8. LIFE IMPRISONMENT:

This sentence means that a person can spend the rest of his
or her life in prison. All such offenders can be considered for
parole after serving 25 years.
 CONSIDERATION FOR PLACEMENT

In principle all offenders qualify for consideration for placement after

having served half of their imposed sentences or the mandatory
period as determined by the court.

The Correctional Supervision and Parole Boards have been charged

with the placement of each offender.

The Case Management Committees are responsible for

recommendations regarding the placement of offenders.

This is done on set dates and on the basis of their behaviour and
adjustment in prison, their cooperation with regard to and progress in
respect of detention and treatment programmes in which they are
involved. As well as their criminal prognosis.
 Important factors in the process of consideration.

Comments by the person imposing the sentence;

Nature of previous convictions;

Nature of the current offence;

Length of the sentence;

Age of the offender;

Crime pattern;

Results of assessment by experts, if relevant, and

The availability and quality of support systems in the community.

 Placement on day parole

Placement on day parole allows offenders to hold a position in

the community during the day on own responsibility, but that
they are compelled to return to prison after working hours.
Day parole is primarily aimed at the successful re-integration
of an offender into the community in the sense that:
The offender on day parole is accustomed to community
life,
He/she is gradually exposed to greater responsibilities;
Effective supervision and control are exercised over the
offender during the period of day parole, and
The continuous exposure to criminal elements, together
with the isolating effect of institutionalisation, is reduced.
 BREAKING THE CYCLE OF CRIME
UNCONDITIONAL
T I ON ORP RELEASE
RA
CE
CAR
I N Free

PA GOOD
Pre RO CITIZEN
LE
Sentence SENTENCE Pa
rol
Work ee

N
S E ON-
NT CU
EN ST
Pr CE OD GOOD
o ba IA
tio L CITIZEN
ne
r
ORP
 What is the ORP?
Refers to the process of what happens
to an offender from the point of entry
(admission) into the correctional
centre to the point of reintegration
into society (social reintegration).
 Outlining the ORP
ADMISSION
ASSESSMENT/ ORIENTATION/ PROFILING IN
ASSESSMENT UNIT
ADMISSION (HOUSING UNIT)
INTERVENTION (CONTINUOUS)
MONITORING AND EVALUATION (CONTINUOUS)
PLACEMENT
PRE-RELEASE
PLACEMNET OUT OF THE CORRECTIONAL CENTRE
ADMISSION OF PROBATIONERS
 Concept: Penology
Definition:
It is derived from a Latin word Poena which
means punishment.
logy the study or knowledge of Punishment
Penology is:
A section of criminology that deals with the
philosophy and practice to repress criminal
activities
Study field that focus on appropriate treatment
for persons convicted of criminal offenses
 Definition of penology

Various definitions of Penology:

Bonger (1954:11)
Carol (1957:145)
Encyclopedia Americana
(1947:540)
Encyclopedia International
(1967:181)
 Definition of penology

The Dutch criminologist, Bonger

(1954:11) describes penology as the
science, which concerns itself with the
study of the:
Origin,
Development,
Meaning and benefit of punishment.
 Definition of penology

Carol (1957:145) describe penology as

the science that studies the following
aspects:
History and development of
punishment,
Treatment of offenders,
Placement under supervision,
Parole and prison administration.
 Definition of penology

In Encyclopedia Americana
(1947:540) penology is defined
as:
A study of the penal
phenomenon,
Focusing on the objectives of
punishment.
 Definition of penology

Encyclopedia International
(1967:181) holds the view that
penology concerns itself with:
The study of corrective
institutions,
Punishment, and
Treatment of offenders
 Introduction
Penological study fields includes:
Prison reform,
Prisoner abuse
Prisoners' rights and privileges
Forms of punishment:
Deterrence,
Rehabilitation,
Retribution, and
Incapacitation
 Introduction

Penology is categorized in four division

Neser, 1980:21):
Firstly, focus on the origin,
development, objectives/ application of
punishment and handling of inmates
Secondly, the assessment and
imposition of punishment
 Introduction

Thirdly, includes broad guidelines of

both the first and second schools of
thought and further include the study
of alternatives for imprisonment,
diversion, depenalisation and
decriminalization.
Fourthly, correctional science and
corrections as synonym of penology.
 Specialized field of Penology
Penology is divided into five specialized fields:
Fundamental Penology (study/ theoretical
foundation)
Judicial Penology (Sentencing and
punishment)
Penitentiary Penology (Punishment and
imprisonment
Rehabilitative Penology (Treatment,
development and release)
Community based Penology (Alternative
sentence options)
 Activity:

Formative
Activities:

Assessment
Summarizes the definitions as outline by the following
Authors:
Bonger (1954:11)
Carol (1957:145)
Conduct a comparative analysis on area of specialization as
outline by Neser (1980) other authors such as:
Lopez Rey (1964)
Van Der Walt (1978)
 Fundamental Penology

It focuses attention on the Philosophical

principles, such as:
Development of penology;
The field of study, relationship to related science and
theoretical foundations for punishment;
Description of concepts, historical development, social control
and punishment, etc.;
Different forms of punishment, e.g., Fines, Imprisonment,
Community supervision, Corporal punishment and Death
sentence.
 Judicial Penology

It focuses on the Judicial process, also referred to as

Integrated Criminal Justice System
Stakeholders in the criminal justice cluster, the SAPS, DoJ
and DCS, Dept. of Social Development
Judicial penology is concerned with some concepts of the
court process such as:
Principles of sentencing and imposition of punishment;
Forms of punishment (adult and juvenile offenders)
Pre-sentence investigations, compensation/ remuneration of
victims
Plea bargaining, granting of bail, investigations
 Penitentiary Penology

It is broadly concerns with the general

punishment of offenders and imprisonment in
particular
Comparative studies with reference to the
punishment systems and procedures of different
countries
Management of institutions
Institutional community and subculture
Safe custody
Rights, Privileges and concession of inmates
 Rehabilitative Penology

Sentence administration of inmates inside the

institutions.
The concern is the prison community and
subculture
Assessment and profiling of inmates
Treatment of offenders in respect of:
Care programmes
Development programmes
Correctional programmes
Social reintegration
Community- based Penology

It concerns itself with the punishment

of and dealing with offenders outside
the institutional context, societal
integration and relationship problem.
A study is made of the rationale of
community punishment as an
alternative to imprisonment,
The description and development,
kinds of community punishment, and
implementation and development
 Community- based Penology/ cont.

It focus on the social reintegration of convicted offenders

by;
Afford sentenced offenders a non-custodial sentencing option;
Enable persons to lead a socially responsible and crime-free life during the
period of their sentence and in future;
Enable persons subject to community corrections to be rehabilitated in a manner
that best keeps them as an integral part of society; and
Enable persons subject to community corrections to be fully integrated into
society when they have completed their sentences
The penological Cycle
Fundamental
Concepts
Theories
Punishment
phenomenon

Community penology
Social reintegration Judicial
Alternative sentencing Court processes
options
Different forms of
Correctional
punishments
Supervision and
Pre sentence reports
Parole boards
Restorative Justice Penology

Rehabilitative Penitentiary
Assessment Safe custody
Profiling Subculture
Treatment Institutional
programmes community
 Areas of specialization
(Lopez Rey)
Lopez Rey was most likely the first
scientist to try to identify certain
specialization areas (1964):
Administrative penology
Scientific penology
Academic penology
Analytic penology
Areas of specialization (Lopez Rey)

Administrative/ Applied penology:

Interest is directed at the
administration of imprisonment
Handling of inmates within the
institutional context.
Treatment of offenders within the
institutions
Comparative study of prison system
Areas of specialization (Lopez Rey)
Scientific penology:
The study, theory, and practice of prison
management and criminal rehabilitation.
The science of the punishment of crime
The science of prison management
Focus on problems arising in prisons
He labels it as the branch whereunder
scientists endeavor to solve problems about
the multi-disciplinary handling of prisoners.
Areas of specialization (Lopez Rey)

Academic penology:
Main object is the distribution
of penological knowledge by
means of instructions.
Areas of specialization (Lopez Rey)
Analytic penology:
It is regarded as an analysis of the
suitability and adequacy of existing
penological systems in the most
objective manner,
An evaluation of the systems, and
A recommendation as to reforms and
changes in the system
Areas of specialization (Van
der Walt)
Van der Walt (1978) areas of
specialization in Penology,
which are:
Fundamental penology
Penitentiary penology
Rehabilitative penology
 Areas of specialization
(Van der Walt)
Fundamental penology:
It focuses attention on the philosophical
principles of the subject.
Aspects included here are namely:
Development of penology,
The field of study, relationship to related
science, and
Theoretical foundations for punishment,
 Areas of specialization
(Van der Walt)
Fundamental penology/ Cont.:
Different approaches to punishment,
e.g., Fines, Imprisonment,
Community corrections, Corporal
punishment and Death sentence.
Description of concepts, historical
development, social control and
punishment, etc.
Areas of specialization (Van der Walt)

Penitentiary penology:
An institution intended to isolate prisoners
from society and from one another so that
they could reflect on their past misdeeds,
repent, and thus undergo reformation.
isolate prisoner from bad influences of
society - liquor, temptation, people
silent contemplation
 Areas of specialization
(Van der Walt)
Penitentiary penology/ cont.:
Productive labour reform
Return to society, renewed
key = solitary confinement
Isolate from contagion
Foster quiet reflection
Punishment, since man is social animal
Shorter sentence,
Areas of specialization (Van der Walt)

Rehabilitative penology:
To restore to useful life, as through
therapy and education or
To restore to good condition,
operation, or capacity.
The assumption of rehabilitation is
that people are not permanently
criminal and that it is possible to
restore a criminal to a useful life, to
a life in which they contribute to
 Areas of specialization
(Van der Walt)
Rehabilitative penology/ cont.:
A goal of rehabilitation is to prevent habitual
offending, also known as criminal recidivism.
Rather than punishing the harm out of a
criminal,
Rehabilitation would seek, by means of
education or therapy, to bring a criminal into a
more normal state of mind, or into an attitude
which would be helpful to society, rather than
be harmful to society.
 Areas of specialization
(Van der Walt)
Rehabilitative penology/ cont.:
This theory of punishment is based on the
notion that punishment is to be inflicted on an
offender so as to reform him/her, or
rehabilitate them so as to make their re-
integration into society easier.
Punishments that are in accordance with this
theory are community service, probation
orders, and any form of punishment which
entails any form of guidance and aftercare
towards the offender.
 Assignment and test:
CRM 122
Discuss the concept of Penology
with in the Criminological field and
briefly describe the five (5)
specialized fields (Neser 1980) of
the concept? (50 Marks)
Due date: 01/11/2016
Test Date : 28/10/2016
Penitentiary
Penology
 Learning Outcomes

After studying this Chapter, you should be able

to:
Demonstrate knowledge of the theoretical
concepts of Punishment
Demonstrate knowledge about the different
forms of institutional treatment programmes
that exists.
Differentiate between the different type of
punishment that can be impose on individuals
Demonstrate knowledge of the Institutional
community and subculture
 Introduction

It is broadly concerns with the general

punishment of offenders and imprisonment in
particular
Comparative studies with reference to the
punishment systems and procedures of different
countries
Management of institutions
Institutional community and subculture
Safe custody
Rights, Privileges and concession of inmates
 Introduction
The field of study, relationship to related
science and theoretical foundations for
punishment;
Description of concepts, historical
development, social control and punishment,
etc.;
Different forms of punishment, e.g., Fines,
Imprisonment, Community supervision,
Corporal punishment and Death sentence.
Theoretical
concepts of
Punishment
 Introduction
The term punishment is defined as, pain,
suffering, loss, confinement or other penalty
inflicted on a person for an offence committed
to which the offender is subjected to
Punishment is a social custom where
institutions are established:
To award punishment after following criminal

justice processes,
Of which the offender must be guilty and
The institution must have the authority to

punish.
 Introduction

The aim of the punishment is to

prevent crime, the "Punishment
must fit the crime".
There are several theories to
support the use of punishment
to maintain order in society
 Theories of Punishment

Incapacitation
Retribution
Deterrence
Rehabilitation
Restorative justice
 Incapacitation

This theory was meant to restrain an offender

personally from repeating a criminal act by
incapacitating him,
Doing whatever is necessary to keep the
offender from repeating the offense.
Today, it takes the form of incarceration.
In earlier times, it might involved cutting off the
hands of the thief, castrating of sex offender or
disfiguring the prostitute (Reid, 1988:456).
 Incapacitation/ Cont.

This does not act much on

the motive of the offender, but
disable his physical power to
repeat the offence.
Their argument is not to keep
the offender behind the bars
 Retribution

Taking action to get even with the offender

in the same way he or she harmed victims.
It is an eye for an eye and a tooth for a
tooth approach.
In the evolution of punishment more stress
was laid on social revenge.
It has been accepted by the general public
that the criminal deserves to suffer,
because he has acted wrongfully.
 Retribution/Cont.

Even animals which killed human beings

were regarded as contaminated and
were got rid of for the good from the
community.
punishment inflicted neither benefits the
criminal nor the society, but the sole and
sufficient reason for inflicting punishment
is the evil doer facing the evil.
 Deterrence

Punishment is designed not to

take revenge but to terrorize the
future offenders.
This theory is divided into 2
categories:
Individual/ specific deterrence
General deterrence
 Deterrence/cont.

It embodies the belief that punishment

and sentencing will keep offenders
from committing the offenses again
(individual deterrence)
while also setting an example that will
keep others from engaging in criminal
activities (general deterrence).
 Deterrence/cont.
Individual/ Specific Deterrence:
It is also maintained that punishment
reforms criminals and that it does this by
creating fear of repetition of the
punishment.
The belief is that hurting criminals
changes them into non-criminals.
Specific deterrence means that the
punishment should prevent the same
person from committing crimes.
 Deterrence/cont.
Individual/ Specific Deterrence cont.:
Specific deterrence works in two ways:
First, an offender may be put in jail or
prison to physically prevent her from
committing another crime for a
specified period.
Second, this incapacitation is
designed to be so unpleasant that it
will discourage the offender from
repeating her criminal behaviour.
 Deterrence/cont.
General Deterrence refers to:
The basic argument for general deterrence
is that inflicting suffering upon those
convicted of crime serves to terrorize
others,
General deterrence means that the
punishment should prevent other people
from committing criminal acts.
The punishment serves as an example to
the rest of society, and it puts others on
notice that criminal behaviour will be
 Rehabilitation

It is based on the belief that the

offender can be changed through
proper treatment.
Criminals were kept in solitary
confinement so that they would not be
corrupted by others and would have
time to contemplate their actions.
Include profiling and assessment
 Rehabilitation/Cont.

The goal of rehabilitation is to prevent

future crime by giving offenders the ability
to succeed within the confines of the law.
Rehabilitative measures for criminal
offenders usually include treatment for
afflictions such as mental illness, chemical
dependency,
Rehabilitation also includes the use of
educational programs that give offenders
the knowledge and skills.
 Restorative justice
There are several different modes of practice in
RJ. e.g. Victim-offender reconciliation, family-
group conferencing
Some of the elements can be found in all the
main world religions and philosophies.
These include the following:
Crime is a violation of people and relationships
Violations create obligations
The central obligation is to put right the wrongs
etc.
 Restorative justice/Cont.
Restorative justice is viewed as a
humanitarian approach that brings to the
foreground ambitions of forgiveness,
healing, and reparation (Zehr, 1990; Zehr
and Mika, 1998).
RJ programs bring together the offender,
victim, their respective families, friends
and community representatives, and
attempt to engage them in a process of
reconciliation and reparation
 Prescribe books

Correctional Services Act 111

of 1998 (DCS website)
Penitentiary Penology by
Neser J.J.
White Paper on Corrections
in South Africa 2005
Thank you

LG Fitz