CA 1

• Criminology


  One of the branches of Criminal Science which is concerned with the social study of crimes and criminal behavior

  
• Penology


  The study of punishment for a crime or of criminal offenders
• Penology


  • Includes the study of control and prevention of crime through the punishment of criminal offenders
  • Deals with prison management and the treatment of offenders
  • Concerns itself with the philosophy and practice of society in its effort to repress criminal activities
• Penal Management


  The manner or practice of managing or controlling places of confinement as in jails or prisons
• Pre-Classical Theories of Punishment

  Ideas were ancient and barbaric as to treating criminal offenders
• Secular Theory


  Punishment is a means of restoring the balance between pleasure and pain
• Judean-Christian Theory


  Punishment has a redemptive purpose of repelling sin advocated by the devil
• Classical School


  • Maintains the "Doctrine of Psychological Hedonism" or "Freewill" that the individual calculates pleasures from pain in advance of his action and regulates his conduct by the result of his calculations
  • Advocated by Cesarre Becarria & Jeremy Bentham
• Neo-classical School


  • Maintained that while the classical doctrine is correct in general, it should be modified in certain details
  • Children and lunatics cannot calculate the differences between pleasure from pain, they should not be regarded as criminals
• Positivist or Italian School


  • Denied individual responsibility and reflected non-punitive reactions to crime and criminality
  • Crimes, like any other act, is a natural phenomenon
  • Criminals are considered sick individuals who need to be treated by treatment programs rather than punitive actions against them
  • Advocated by Cesare Lombroso, Enrico Ferri, Rafael Garofalo
• Important Dates and Events in the History of Corrections

  • 13th Century - Securing Sanctuary
  • 1468 (England) - Torture as a form of punishment became prevalent
  • 16th Century - Transportation of criminals in England, was authorized
  • 17th C to late 18th Century - Death Penalty became prevalent as a form of punishment
• Galleys


  Ships propelled by sails, usually rowed by criminals
• Hulks (Floating Hell)


  Former warships used to house prisoners
• Primitive Society


  • Redress (Compensation) of a wrong act
  • Retaliation (Personal Vengeance)
  • Fines and Punishment
• Early Codes


  • Babylonian and Sumerian Codes
  • Roman and Greek Codes
  • The Burgundian Code
• Early Codes (Philippine Setting)

  • The Code of Kalintao (1433)
  • The Maragtas Code (Datu Sumakwel)
  • Sikatuna Law
• Early Prisons


  • Mamertine Prison
  • Fortresses
  • Castles
  • Town Gates
  • Bridewell Workhouse (1557, London)
  • Walnut Street Jail
• Early Prisons in the Philippines

  • Old Bilibid Prison
  • Manila City Jail
• Secular Law


  Advocated by Christian philosophers who recognizes the need for justice
• Three Laws


  • External Law (Lex Externa)
  • Natural Law (Lex Naturalis)
  • Human Law (Lex Humana)
• Punishment


  The redress that the state takes against an offending member of society that usually involves pain and suffering
• Ancient Forms of Punishment

  • Death Penalty - by burning, beheading, hanging
  • Physical Torture - by maiming, mutilation, whipping
  • Social Degradation - putting the offender into shame
  • Banishment or Exile - sending or putting away of an offender
  • Transportation and Slavery (other)
• Early Forms of Prison Discipline

  • Hard Labor - productive works
  • Deprivation - deprivation of everything
  • Monotony - giving the same food
  • Uniformity - the fault of one is the fault of all
  • Mass Movement - mass eating, mass recreation, mass bathing
  • Degradation - uttering insulting words
  • Corporal Punishment - imposing brutal punishment
  • Isolation or Solitary Confinement - "the lone wolf"
• Contemporary Forms of Punishment

  • Imprisonment
  • Parole
  • Probation
  • Fine
  • Destierro
• Purposes/Justifications of Punishment


  • Retribution
  • Expiation or Atonement
  • Deterrence
  • Incapacitation and Protection
  • Reformation or Rehabilitation
• The Age of Enlightenment is the period of recognizing human dignity
• The Pioneers


  • William Penn
  • Charles Montesquieu
  • Voltaire (Francois Marie Arouet)
  • Cesare Beccaria
  • Jeremy Bentham
  • John Howard
• Panoptican


  Prison consist of large circular building (cells)
• The Reformatory Movement


  • Alexander Maconochie - "Mark System"
  • Manuel Montesimos - divided the number of prisoners into companies
  • Domets of France - delinquent boys (providing them housefathers as in charge)
  • Sir Evelyn Ruggles Brise - opened the Borstal Institution for young offenders
  • Walter Crofton - introduced the Irish system (modified from Maconochie)
  • Zebulon Brockway - Director of Elmira Reformatory in New York
• The Two Rival Prison System in the History of Correction


  • The Auburn Prison System - "Congregate System" (confined cells at night, congregate work during day)
  • The Pennsylvania Prison System - "The Solitary System" (single cells day and night)
• Penalty


  The suffering inflicted by the state against an offending member of the transgression of law
• Juridical Conditions of Penalty

  • Productive of suffering without however affecting the integrity of the human personality
  • Commensurate with the offense (different crimes must be punished with different penalties)
  • Personal (the guilty one must be the one to be punished, no proxy)
  • Legal (the consequence must be in accordance with the law)
  • Equal (equal for all persons)
  • Certain (no one must escape its effects)
  • Correctional (changes the attitude of offenders and become law-abiding citizens)
• Duration of Penalties


  • Death Penalty - Capital punishment
  • Reclusion Perpetua - life imprisonment, a term of 20-40 years imprisonment
  • Reclusion Temporal - 12 years and 1 day to 20 years imprisonment
  • Prision Mayor - 6 years and 1 day to 12 years
  • Prision Correctional - 6 months and 1 day to 6 years
  • Arresto Mayor - 1 month and 1 day to 6 months
  • Arresto Menor - 1 day to 30 days
  • Bond to Keep the Peace - discretionary on the part of the court
• Classification of Penalties


  • Capital Punishment - Death
  • Afflictive Penalties - Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prison Mayor
  • Correctional penalties - Prision correctional, Arresto mayor, Suspension, Destierro
  • Light penalties - Arresto menor, Public censure
• How criminal liability is totally extinguished

  • By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment
  • By service of the sentence
  • By amnesty, which completely extinguishes the penalty and all its effects
  • By absolute pardon
  • By prescription of the crime
  • By prescription of the penalty
  • By the marriage of the offended woman, as provided in Article 344 of this Code
• By the Death of Convict

  • The death of Convict, whether before or after final judgement, extinguishes criminal liability, because one of the juridical conditions of penalty is that it is personal
  • Civil liability is extinguished only when death occurs before final judgement
  • The death of the convict also extinguishes pecuniary penalties only when the death of the offender occurs before final judgement
• Final Judgement


  • The term employed in the RPC means judgement beyond recall
  • When the judgement has not become executory, it cannot be truthfully said that defendant is definitely guilty of felony charged against him
• Effect of the death of the accused pending appeal on his criminal and civil liability


  • General rule: Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely on the offense committed
  • Exception: The claim for civil liability survives notwithstanding the death of accused, if the same may also
• Extinguishes criminal liability


  One of the juridical conditions of penalty is that it is personal
• Civil liability


  Extinguished only when death occurs before final judgement