Penology

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Penology

The science of prison administration and rehabilitation of criminals.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
For the reasons discussed, the Department's approach to Chinese-language mail was reasonably related to legitimate penological objectives.
(91) The SOC do not give credence to any legitimate penological concerns that may affect treatment, mandating that institutional settings should not impact treatment determinations.
most legitimate of penological goals." (156) Death row inmates pose
is given to the prison where there are ready alternatives that would fully accommodate the prisoners' rights at "de minimis cost to valid penological interests." (33) However, the Court emphasized that prison officials are not required to use the least restrictive alternative means to achieve a legitimate penological interest.
Graham first pointed to a national consensus both that the diminished culpability of juveniles barred JLWOP for noncapital crimes and that the sentence was not justified under traditional penological theories.
impression that a punishment must not advance any penological purpose to
Early American courts also prohibited prolonged death row incarceration, instead advocating for the "swift infliction of the death penalty to further penological goals and to prevent the condemned prisoner from suffering unnecessarily." (45) In one frequently cited case from the nineteenth century, the Supreme Court observed that because a condemned prisoner experiences horrible feelings of "uncertainty during the whole of it," (46) holding the prisoner in solitary confinement for a period of four weeks constituted cruel and unusual punishment.
Applying the Turner standard, courts have consistently invalidated restrictive abortion policies as failing to reasonably advance legitimate penological goals.
Safley (whereby the constitutional rights of inmates may be infringed by regulations "reasonably related to legitimate penological interests"), Congress passed the Religious Freedom Restoration Act (RFRA) in 1993 and the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000.
"Determinations about the nature and purposes of punishment for criminal acts implicate difficult and enduring questions respecting the sanctity of the individual, the nature of law, and the relation between law and the social order." (8) The "penological goals of retribution, deterrence, incapacitation, and rehabilitation" (9) can justify a variety of legitimate penological schemes, "[a]nd the responsibility for making these fundamental choices and implementing them lies with the legislature." (10) Furthermore, "the fixing of prison terms for specific crimes involves a substantive penological judgment that, as a general matter, is 'properly within the province of legislatures, not courts.'" (11) Thus, "reviewing courts ...