Correction
It is branch of criminal justice system
concerned with the custody, supervision
and rehabilitation of criminal offenders.
Penology
A division of Criminology that deals with the
study of punishment for crime or criminal
offenders.
It includes the study of control and prevention
of crime through punishment of criminal
offenders.
It is a term derived from the Latin word
“POENA” which, means pain or suffering.
Punishment
It is the redress that the state takes against offending
member of society that usually involves pain and
suffering. It is also the penalty imposed on an
offender for a crime or wrongdoing.
Aristotle
He made the first attempt to explain crime in the book
he has written with the title “ NICOMEDEAN
ETHICS”.
In his book, he stated that “Punishment is a means of
restoring the balance between pleasure and pain”.
Ancient forms of Punishment
Death Penalty – affected by burning, 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 specified territory such as an island to where the
offender has been removed.
Transportation and Slavery
Early Prison Discipline
Hard Labor – productive works.
Deprivation – deprivation of everything except the essentials of existence.
Monotony – giving the same food that is “off” diet, or requiring the
prisoners to perform drab or boring daily routine.
Uniformity – “we treat the prisoners alike”, “the fault of one is the fault of
all”.
Mass Movement – mass living in cellblocks, mass eating, mass
recreation, mass bathing.
Degradation – uttering insulting words or languages on the part of prison
staff to the prisoners to degrade or break the confidence of the prisoners.
Corporal punishment – imposing brutal punishment or employing
physical force to intimidate a delinquent inmate.
Isolation or solitary Confinement – non communication, limited news,
“the lone wolf”.
Contemporary forms of Punishment
Imprisonment
Parole
Probation
Fine
Destierro
Imprisonment
Putting the offender in prison the
purpose of protecting the public against
criminal activities and at the same time
rehabilitating the prisoners by requiring
them to undergo the institutional
treatment programs.
Parole
a conditional release of a prisoner after
serving part of his/her sentence in prison for
the purpose of gradually reintroducing
him/her to free life under the guidance and
supervision of a parole officer.
Probation
A disposition whereby a defendant after
conviction of an offense, the penalty of
which does not exceed 6 years
imprisonment. Is release subject to the
conditions imposed by the releasing court
and under the supervision of a probation
officer.
Fine
An amount given as a compensation
for a criminal act.
Destierro
The penalty of banishing a person
from the place where he committed the
crime, prohibiting him to get near or
enter the 25- kilometer perimeter.
Justification of Punishment
Retribution
Expiation or Atonement
Deterrence
Incapacitation and Protection
Reformation or Rehabilitation
Retribution
The punishment should provide by the
state whose sanction is violated, to
afford to society or the individual the
opportunity of imposing upon the
offender suitable punishment as might
be enforced.
Expiation or Atonement
Punishment in the form of group
vengeance where the purpose is to
appease the offended public or group.
Deterrence
Punishment gives lesson to the offender by
showing to others what would happen to
them if they violate the law. Punishment is
imposed to warn potential offenders that
they can not afford to do what the offender
has done.
Incapacitation and Protection
The public will be protected if the offender
has being held in conditions where he
cannot harm others especially the public.
Punishment is effected by placing offenders
in prison so that society will be ensured
from further criminal depredations of
criminals.
Rehabilitation & Reformation
It is the establishment of the usefulness and
responsibility of the offender. Society’s interest
can be better serve by helping the prisoner to
become law abiding citizen and productive
upon his return to the community by requiring
him to undergo intensive program of
rehabilitation in prison.
What is Penalty?
Penalty is defined as the suffering inflicted
by the state against a offending member for
the transgression of law.
Juridical Conditions of Penalty
It must be productive of suffering
It must be commensurate with the offense
It must be personal
It must be legal
It must be equal
It must be certain
It must be correctional
Penalties as to the Gravity
Death penalty – capital punishment
Reclusion Perpetua – life imprisonment, a term of 20-1day 40
yrs imprisonment
Reclusion Temporal – 12 yrs and 1 day to 20 yrs
imprisonment
Prision Mayor – 6 yrs and 1 day to 12 yrs
Prision Correctional – 6 months and 1 day to 6 years
Arresto Mayor – 1month 1 day to 6 months
Arresto Menor – 1 day to 30 days
Bond to keep the Peace – Discretionary on the part of the
court
Code Of Hammurabi
The first formal laws dealing with the imposition of justice
first came to light some 1750 before Christ in Babylonia.
The Code has its core principle of justice known as LEX
TALIONES or “an eye for an eye and a tooth for a tooth”.
In this Code, not everybody is equal in the imposition of
punishments.
The Code imposes stiffer punishments
against members of the social classes than
against offenders coming from the lower
rungs of society.
It is more uncivilized owing to its naked
revenge than the present modern concept
of rehabilitation and treatment of
offenders.
John Howard
He was the greatest penal reformer.
He was the first who advocated the establishment of a
penitentiary from the house of correction or jail and a
program of work, education and religion as best design
for reformation.
The father of Correction
The ELMIRA REFORMATORY
The FORERUNNER of MODERN PENOLOGY
New York passed a law creating the ELMIRA
REFORMATORY in 1876, established at Elmira.
It was established as a substitute for penitentiary,
only for young offenders from ages of 16-30,
convicted for the first time.
It placed responsibility on the minor offenders to
reform themselves thru successive stages.
ZEBULON BROCKWAY
The superintendent of the Elmira Reformatory.
The Age of Enlightenment
18th century is a century of change. It is the
period of recognizing human dignity. It is
the reformation, the period of introduction
of certain reforms in the correctional field
by certain person, gradually changing the
old positive philosophy of punishment to a
more humane treatment of prisoners with
innovational programs.
The two rival prison system in the
history of correction
The Auburn Prison System
The Pennsylvania Prison System
The Auburn Prison System
The prison system was called the
“Congregate System”. The prisoners are
confined in their own cells during the night
and congregate work during work in shops
during the day. Complete silence was
enforced.
The Pennsylvania Prison System
The prison system called “Solitary System”.
Prisoners are confined in single cells day
and night where they lived, they slept, and
they ate and receive religious instructions.
Complete silence was also enforced. They
are required to read the Bible.
The Rise of the Classical Theory
Cesare Becarria was an Italian writer who collected
the principles of Montesquieu, Voltaire and Rosseau
pertaining to crimes and punishments.
His book CRIME AND PUNISHMENTS was a
starting point of the Classical School in Criminology,
featuring the freewill theory and the moral
responsibility of the criminal.
THE NEO CLASSICAL THEORY
It was the expanded realization that attention should be
directed more to the crime and its causes rather than on
the criminal himself.
These ideas and principles were exemplified in the
French Code of 1971.
This law allowed the modifications in the practices of
the Classical School.
Effects of the Neo-Classical theory
Introduced more exceptions in the application of the
Classical Theory such as the exemptions form
punishment of children and lunatics.
The Positive Theory
It is otherwise known as the Italian School of
Criminology.
It was conceptualized by the Italian Surgeon CESARE
LOMBROSO.
He espoused the concept that the cause of crime is
heredity or the manifestation of some physical features
as the basis for identifying the future criminal and this
was called CRIMINAL ANTHROPOLOGY
Result of the Lombroso’s Theory
It greatly underestimated the role of the social factors
because he found the causes of crime in heredity and
failed to attempt in explaining crime.
Charles Goring
An Englishman who made a comparative study
between the Classical School and the Positivist School.
His conclusion was that there was no anthropologic
criminal types and demolished the Positivist Theory of
Lombroso.
More than 2,000 convicts