Penal Instrumentalism; Domain, Concept, Indicators

One of the significant matters in realm of relationship between morality and criminal policy is the discussion which revolves around the morality of punishment application. In criminal policy as well as the public policy, we observe the practices and approaches in which any purposes justify the resorting to penal instruments; we can call them penal instrumentalism. In this essay we are seeking for conceptualization and representation some indicators for recognizing it between a set of measures of criminal policy. For this purpose, after making a clear boundary between this concept with other similar concepts such as populism, consequentialism, utilitarianism, and pragmatism, we have divided the indicators of an instrument-based criminal policy into objective and subjective categories. The first, is involved in resorting to criminal matters as the most accessible instruments, ignorance of the evident legal principles, and the evident moral principles. The latter, is involved in intending to achieve a goal, interests or a practical good, and finally resorting to a quick and easy resolution or relief.