Module 9

• Decision


  Is the judgment rendered by a court of justice or other competent tribunal after the presentation of the respective positions of the parties in ordinary or

  criminal cases or upon a stipulation of facts upon which the disposition of the case is based.
• Forms and Contents of Judgement

  • The legal qualification of offense constituted by the acts committed by the accused, and the aggravating or mitigating circumstances attending the commission thereof.
  • The participant of the accused in the commission of the offense, whether as principal, accomplice, or accessory.
  • The penalty imposed upon the accused
  • The civil liability or damages caused by the wrongful act to be recovered from the accused by the offended party.
• Goals of Sentencing

  Retribution

  Incapacitation

  Deterrence

  Rehabilitation

  Restoration
• Retribution-


  is the act of taking revenge upon a criminal perpetrator.
• Incapacitation-


  the use of imprisonment or other means to reduce the

  likelihood that an offender will be capable of committing future offenses.
• Deterrence-


  is a means, which seeks to prevent others from committing crimes or repeating criminality.
• Rehabilitation-


  is an attempt to reform a criminal offender.
• Restoration-


  a goal of which attempts to make the victim whole again.
• Juridical Condition of Penalty


  The penalty must be productive of suffering without affecting the integrity of

  the human personality.

  The penalty must be commensurate with the offense, that different crimes

  must be punished with different penalties.

  The penalty must be personal in that no one should be punished for the crime of other.

  The penalty must be legal, that it is the consequence of a judgement according to law.

  The penalty must be certain, that no one my escape its effect.

  The penalty must be equal for all.

  The penalty must correctional.