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Klaw 206:Penology March 2011 Question Paper

Klaw 206:Penology March 2011

Course:Bachelor Of Laws

Institution: Kabarak University question papers

Exam Year:2011

KABARAK UNIVERSITY

UNIVERSITY EXAMINATIONS
2010/2011 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS

COURSE CODE: KLAW 206

INSTRUCTIONS:
1. Answer question ONE and any other TWO questions

2. Marks allocated to each question are indicated in brackets at the end of the
question

1. “The criminal law thus proceeds upon the principle that it is morally right to hate
criminals and it confirms and justifies that sentiment by inflicting upon criminals
punishments which express it….” James Stephen

a) Explain and critically discuss this theory.

(15 Marks)

b) Citing specific provisions supported by examples, demonstrate to what
extent this theory manifests itself in the penal code of Kenya. (15 Marks)

2. “By committing a crime, offenders have gained an unfair advantage over all
others who have ‘toed the line’ and restrained themselves from committing crime.
They are ‘free riders’ who have failed to observe the moral constraints that others
have accepted” Morris

a) Discuss critically this theory on punishment.

(10 Marks)

b) To what extent are ‘free riders’ beneficiaries?

(5 Marks)

c) To what extent is ‘towing the line’ a sacrifice?

(5 Marks)

3. a) Name the various forms of punishment permitted by law in Kenya. (5 marks)

b) Pick any TWO forms of punishment and explain their intended goals.

(5 Marks)

c) Discuss to what extent the penal system achieves its intended goals in such
punishment.

(10 Marks)

4. a) Discuss the shortcomings of the retributive form of punishment. (10 Marks)

b) To what extent has the deterrence theory failed to achieve its intended
objectives in Kenya and for what reasons?

(10 Marks)

5. a) Explain in what circumstances a court may grant probation orders. (8 Marks)

b) Explain in detail how, and for what purpose community service orders are
applied by courts.

(12 Marks)

Klaw 206:Penology March 2011 Question Paper

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