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Criminology & Penology

Judicial Department

  • Judicial Department: Responsible for legal matters, including criminology and penology.

ISBN Information

  • ISBN Number: 978-9948-20-867-9

  • First Edition: 2014

  • Copyright Reserved to: Judicial Department - Abu Dhabi

Preface

  • Authored by Prof. Dr. M. Shokry El-Dakkak.

  • Book issued by the Judicial Department of Abu Dhabi, aimed at helping students and practitioners in the UAE legal system.

  • Expresses gratitude to Sheikh Mansour Bin Zayed Al Nahyan for the opportunity to contribute to criminal jurisprudence, especially in English.

Part I: Criminology

Chapter One: Importance of Criminology as a Human Science

  • Definition: Criminology studies criminality, including both theoretical (pure criminology) and practical (applied criminology) aspects.

  • Criminology uses inductive science methods to analyze criminal acts and the individuals who commit them.

Crime and Morality

  • Crime: Action punishable by the community (State).

  • Common perception: Actions classified as crimes are largely viewed as immoral by society. Professional criminals may still see theft as immoral if it harms their interests.

Public Disapproval of Crimes

  • Degree of social disapproval varies; serious crimes like murder provoke high moral indignation.

  • Immoral actions are viewed as threats to societal interest, therefore classified as crimes.

Punishment

  • Punishment inflicts pain but serves societal protection rather than personal revenge.

  • Revenge is irrational; punishment is a rational, collective action by society.

  • Types of punishment include:

    • Imprisonment

    • Fines

Chapter Two: Crime as a Human Phenomenon

  • Definition of Crime: Represents the abnormal satisfaction of human instincts, avoided by most to respect social norms.

Normal vs. Abnormal Traits

  • Ordinary traits are defined by average physical and psychological characteristics.

  • Instincts (e.g., self-preservation, property, defense, sexual instincts) drive behavior, with their excesses leading to criminal acts.

Abnormal Conditions and Crime

  • Promoting Power: Anomalies in instincts that induce criminal behavior.

  • Refraining Power: Noble instincts or societal pressure that prevent crime; absence increases likelihood of delinquency.

Chapter Three: Schools of Criminology

  • Early belief in physical deformities as indicators of criminality.

  • Shift towards understanding criminals as lacking mercy and honesty (Garofalo).

  • Enrico Ferri stressed social environment's role in crime causation.

Chapter Four: The Animating Factors of Delinquency

  • Factors leading to delinquency categorized into internal (individual traits) and external (environmental influences).

  • Internal Factors: Sex, age, mental state, substance use.

  • External Factors: Weather, food, family dynamics, social conditions, media influence.

Chapter Five: The Dynamics of Crime

  • Crimes Against Property: Driven by need vs. criminal predisposition.

  • Violence: Result of excessive offense-defense instincts; often reacts violently to minor provocations.

Chapter Six: The Source of the Causal Factor (Heredity)

  • Heredity as a contributor to criminal predisposition, shaped by environmental factors.

  • Not inherited criminality but the inclination towards it - can be exacerbated but not wholly caused by environment.

Chapter Seven: Methods of Research In Criminology

  • Criminal anthropology focuses on physical and psychological traits, supported by social investigation methods.

  • Criminal sociology uses statistical methods to analyze crime as a social phenomenon.

Chapter Eight: Criminology as an Applied Science

  • Criminal Policy: Importance of assessing criminals' mental health for appropriate treatment.

  • Emphasis on rehabilitation and treatment over punishment.

Chapter Nine: The Subdivision of Penal Expertise

  • Penal expertise is divided into psychiatric, medico-legal, criminology, and criminalistics.

  • Each branch plays a crucial role in understanding criminals and the science of criminology.

Part II: Penology

Chapter One: The Significance of Penology

  • Definition: Study of punishment and its reforms in the prison system.

  • Focus on humane treatment and rehabilitation of offenders.

Chapter Two: Some Aspects of The Criminal Policy

  • Procedural guarantees for individuals during criminal proceedings.

  • Importance of transparency, suspect rights, and legal representation.

Chapter Three: Penal Treatment

  • Treatment philosophy based on individualized assessment of offenders to prevent recidivism.

  • Emphasis on rehabilitation, psychological evaluation, and fitting penalties with the risk level of offenders.

Terminology

  • Important terms from the text defined, including concepts related to crime, punishment, criminology, and penology.