crad212

• punishment - is the redress that the state takes against an offending member of society that usually involves pain and suffering
• punishment - it is also the penalty imposed on an offender for a crime or wrongdoing
• justification of punishment - retribution, expiation or atonement, deterrence, incapacitation and protection and reformation or rehabilitation
• retribution - lex taliones, crime does not pay, defined as "deserved punishment for evil done"
• according to kurt baier (1977):

  • all those convicted of a wrongdoing or crime deserve punishment
  • only those convicted of a wrongdoing or crime deserve punishment
  • the severity of the punishment should not be less than the gravity of the crime
  • the severity of the punishment should not be greater than the gravity of the crime
• expiation or atonement - it is punishment in the form of group vengeance where the purpose is to appease the offended public or group
• deterrence

  • prevents future crime by frightening the defendant or the public
  • punishment gives lesson to the offender by showing to others what would happen to them if they violate the law.
  • punishment is impoised to warn potential offender that they can not afford to do what the offender has done
• types of deterrence

  • specific deterrence (individual deterrence) - occurs when offenders do not recidivate because they do not want to face further sanctions
  • general deterrence (social deterrence) - occurs when other potential offender do not engage in criminal activity because they want to avoid penalties that other have received
• incapacitation and protection - the public will be protected if the offender has being held in conditions where he cannot harm others especially the public
• incapacitation strategies:

  • selective incapacitation - seeks to imprison fewer people and reserve prison for the most violent offenders with a long criminal history
  • collective incapacitation - seeks to imprison more offenders
  • social incapacitation - is the removal of an individual (from society), for a set amount of time, so as they cannot commit crimes for amount of time in the future
• reformation or rehabilitation - it is the establishment of the usefulness and responsibility of the offender
• ancient forms of punishment - death penalty, physical torture, social degradation, banishment or exile, transportation or slavery
• death penalty - affected by burning, stoning, crucifixion, electrocution, gas chamber, beheading, hanging, breaking at the wheels, pillory and other forms of medieval executions
• physical torture - affected by maiming, mutilation, whipping and other inhumane or barbaric forms of inflicting pain
• social degradation - putting the offender into shame or humiliation
• banishment or exile - the sending or putting away of an offender which was carried out either by prohibition against coming into a specified territory such as an island to where the offender has been removed
• Breaking on the wheel


  Marked by torturous and agony-filled suffering on a wooden wheel while the condemned is stretched and has his or her limbs broken with a metal rod or pole
• Gas chamber


  Executing condemned prisoners by lethal gas
• Crucifixion


  Utilized in biblical times as a method of torture and punishment, started mainly with the Roman system of justice
• Blood atonement


  Religious belief which convict's blood must be shed during execution to atone before Christ for his sins
• Electric chair


  Method of execution adopted in the United States
• Hanging


  Condemned is hanged by the neck with a rope, hanging considered a lowly form of punishment
• Stoning to death


  A victim was chosen, trapped in a corner, and pelted with heavy rocks and stones until his or her skull was crushed
• Beheading


  Method of capital punishment whereby a criminal's head is sliced
• Drawing and quartering


  Prisoner was hanged until near death, torn down from the gallows, had his four limbs tied to two or four hours and was then pulled apart as the horses ran
• Burning at the stake


  The condemned is tied to a wooden stake, surrounded by flammable material
• Garrote


  Strangling condemned persons typically with an iron collar or a length of wire or cord
• Boiling to death


  Mainly to stun the victims before they were hanged on the gallows, after 1531, King Henry VIII of England made it legal
• Gibbet


  Displaying a condemned murderer's body after execution
• Mazzatello


  Capital punishment, utilized to a small degree in Italy during the era of Papal States
• gag - to put something into over a person;s mouth
• bridle - an iron cage that fit over the head and had a front plate that was sharpened or covered with spikes
• ducking stool - used as punishment as early as 11th century. those sentenced to be ducked were place on a chair and suspended over a body of water and plunged into it
• stocks and pillories - used as outside jails to punish the idle prior to the construction of houses of correction in england
• branding - offenders to be identified and stigmatized. it was employed for making offender, slaves and prisoners of war
• whipping/flogging/scourging - one of the oldest, means of corporal punishment
• russian knot - wooden-handed whip consisted of several warhide thongs twisted together and tied at the end
• contemporary terms of punishment

  1. imprisonment - putting the offender in prison for the purpose of protecting the public against criminal activities
  2. parole - a conditional release of a prisoner after serving part of his/her sentence in prison
  3. probation - a disposition whereby a defendant after conviction of an offence, the penalty of which does not exceed six years (6) imprisonment
  4. fine - an amount given as a compensation for a criminal act
  5. destierro - prohibiting him to get near or enter the 25-kilometer perimeter
• penalty - as the suffering inflicted by the state against an offender member for the transgression of law
• juridical conditions of penalty

  1. productive of suffering - without however affecting the integrity of the human personality
  2. commensurate with the offense - different crimes must be punished with different penalties
  3. personal - the guilty one must be the one to be punished, no proxy
  4. legal - the consequence must be in accordance with the law
  5. equal - equal of all persons
  6. certain - no one must escape its effects
  7. correctional - changes the attitude of offenders and become law-abiding citizens