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Klaw 206:Penology December 2010 Question Paper

Klaw 206:Penology December 2010

Course:Bachelor Of Laws

Institution: Kabarak University question papers

Exam Year:2010

KABARAK
UNIVERSITY
UNIVERSITY EXAMINATION
2010/2011 ACADEMIC YEAR

FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 206

INSTRUCTIONS:
Answer question ONE and any other TWO questions
1.Punishment is pain; and to inflict pain requires justification. Accordingly, penologists
have evolved several theories in an attempt to justify punishment.
Identify and discuss at-least 3 of these theories giving examples of the particular criminal
offences and respective sentences that best explain them (the theories).
(30 marks)

2.Punishment can be distinguished from other forms of pain or suffering such as a painful
treatment for a medical condition where the harm is not an expression of moral
condemnation and not a response to our misdeeds. Punishment rests on moral reasons. It
is the expression of moral condemnation in response to rule infringements … It stems
from an authoritative source, usually the state ... All these features of punishment find
expression in the Latin phrases: “nulla crimen sine lege” and “Nulla poena sine lege.”
Anonymous
With the above in mind, discuss the salient characteristics that distinguish punishment
from other forms of painful treatment.

(20 marks)

3.Punishment is as old as man and society. From ancient times, societies have imposed
various forms of punishment to secure societal peace and harmony. While ancient forms
of punishment put accent on retribution and restitution, modern kinds of punishments
emphasize rehabilitation.
a)
Identify and explain the traditional forms of punishment
b)
Discuss briefly the categories of punishment that may be inflicted by courts in
Kenya.
(20 marks)

4.Discuss the following matters a court of law need take into account in meting out
sentences upon convicted persons: -
a)
Mitigating factors
b)
Aggravating factors
c)
Rescidivism
(20 marks)

5. Discuss the nature and efficacy of any four (4) of the following non-custodial types of
punishment available under Kenyan Law
a)
Probation
b)
Community Service
c)
Fines
d)
Conditional and absolute discharge
e)
Compensation and Restitution
f)
Disqualification
(20 marks)

Klaw 206:Penology December 2010 Question Paper

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