Chapter 2-Punishment.pptx ( Correctional Administration) non institutional correction

Corrections in the legal context refers to the retribution, rehabilitation, and supervision of criminal offenders through the system of incarceration, probation, and parole.

1. CORRECTIONAL ADMINISTRATION 1 (CA 1) INSTITUTIONAL CORRECTION

2. CHAPTER 2 PUNISHMENT

3. PUNISHMENT a means of social control. It is a device to cause people to become cohesive and to induce conformity the infliction of some sort of pain on the offender for violating the law any pain, penalty, forfeiture or confinement imposed by the court for a wrongdoing

4. Early Codes Lex Talionis -Latin for "law of retaliation" -is the principle of retributive justice expressed in the phrase "an eye for an eye," The basis of this form of law is the principle of proportionate punishment, often expressed under the motto "Let the punishment fit the crime," which particularly applies to mirror punishments (which may or may not be proportional).

5. Early Codes (Babylon) Code of Hammurabi -its core principle concept of justices is “ lex talion i s ” or “an eye for an eye and a tooth for a tooth - credited as the oldest code prescribing savage punishment, but in fact, Sumerian codes were nearly one hundred years older

6. Early Codes King Ur-Nammu’s Code a king ruled the city of Ur in Ancient Sumeria by the name of Ur- Nammu decreed the imposition of restitution and fines, mutilation or other savage penalties carries the concept of Restorative Justice, it attempts to re-establish the lost relationship between the involved parties in the crime that existed before the commission of the crime

7. Early Codes Mosaic Law t he Law of Moses allowed extreme punishments such as flogging or burning alive, accused offenders are entitled to such rights as freedom from torture and the admission of guilt is admissible only when there is confirmatory testimony from at least one other witness

8. Early Codes (Ancient Rome) THE TWELVE TABLES (XII TABULAE) represented the earliest codification of Roman Law incorporated into the Justinian Code it is the foundation of all public and private law of the Romans until the time of Justinian it is also a collection of legal principles engraved on metal tablets and set up on the forum

9. Early Codes (ROME) JUSTINIAN CODE Emperor Justinian of Rome wrote this code this code became the standard law in all areas occupied by the Roman Empire particularly in Europe a revision of the Twelve Tables of Roman law (contain every crime and the specified penalty for every offense listed in the said tables)

10. ROMAN LAW PATERFAMILIAS The role of the husband or father as far as his family and slaves are concerned is absolute . The head of the family has virtually limitless power to punish erring family members and slaves.

11. Early Codes (GREECE) GREEK CODE OF DRACO a harsh code that provides the same punishment for both citizens and the slaves as it incorporates primitive concepts (Vengeance, Blood feuds) T he Greeks were the first society to allow any citizen to prosecute the offender in the name of the injured party

12. Early Codes (ANCIENT GREECE) Aristotle made the first attempt to explain crime in his book “ Nicomedian Ethics” he wrote something about corrective justice (it is a means whereby the loss suffered by the wronged man is compensated) he defined punishment as a means of restoring the balance between pleasure and pain

13. Early Codes (France) Burgundian Code a.k.a Lex Gundobada, Gundobad's Code punishments were meted according to social class of offenders . Nobles, middle and lower classes have specified values on their lives. An offender who cannot pay will be subjected to death penalty.

14. CATHOLIC CHURCH P riest and all those connected with the Church were tried by ecclesiastical courts which were more compassionate than those imposed by political authorities. The underlying philosophy of ecclesiastical justice is penance and the return of those who went astray rather than punitive or retributive justice.

15. CATHOLIC CHURCH Securing Sanctuary In the 13th century, a criminal could avoid punishment by claiming refuge in a church for a period of 40 days at the end of which time he is compelled to leave the realm by a road or path assigned to him. Pope Innocent VIII - issued a Papal Bull that allowed refugee offenders to be driven out of the sanctuary if they used this for committing crimes

16. CATHOLIC CHURCH Inquisition -this Roman Catholic Tribunal was responsible for the detection and punishment of unbelievers and heresy -had its official beginning with the declaration of the Lateran Council in the year 1215 which allowed the use of torture and the Church can punish anyone. Many became victims on trumped up charges that they were witches or that they were advancing scientific studies.

17. Pope Leo I - the first Pope to fully express approval for killing, heresy has been the crime where the Church strictly enforced the death penalty Priscillian -the first recorded Christian who was put to death for being heretic

18. Pope Gregory IX -through his Papal Encyclical “ Excommunicamus ” issued in 1231 that made part of the Canon law, the burning of non-believers at stake Innocent IV -officially introduced torture to the Inquisition procedure in 1252

19. Pope John Paul II (now Saint John Paul II) a pro-life who reversed the culture of death through his Encyclical Tertio Millenio Adveniente , he formally apologized to the past intolerance and use of violence in the defense of truth he calls to reject the death penalty, population control that resorts to abortion and use of contraceptives, and euthanasia

20. ANCIENT FORMS OF PUNISHMENT DEATH PENALTY (Capital Punishment) -sentencing a convicted person to death -became prevalent during 17 th to late 18 th Century a. Death by Sawing - was the act of sawing or cutting a living person in half

21. b. Garotte used in Spain as means of execution of asphyxiation kill (someone) by strangulation, typically with an iron collar or a length of wire or cord.

22. c. Guillotine an apparatus designed for efficiently carrying out executions by beheading conceived in the late 1700’s under the assumption that capital punishment was intended to end life rather than inflict pain

23. d. Premature burial also known as live burial, burial alive, or vivisepulture, means to be buried while still alive

24. ELECTRIC CHAIR the condemned person is strapped to a specially built wooden chair and electrocuted conceived in 1881 by a Buffalo, New York dentist named Alfred P. Southwick

25. FIRING SQUAD sometimes called fusillading (from French fusil, rifle) execution by shooting

26. CORPORAL PUNISHMENT TORTURE -used to extract a “confession” from the accused

27. CORPORAL PUNISHMENT FLOGGING -otherwise known as “whipping”

28. CORPORAL PUNISHMENT Branding In criminal law, branding with a hot iron was a mode of punishment consisting of marking the subject as if goods or animals, sometimes concurrently with their reduction of status in life

29. CORPORAL PUNISHMENT Mutilation - the hands of thieves were cut off so that they could not steal again and also serve as reminder to others to deter them from committing crimes

30. CORPORAL PUNISHMENT THE BRAZEN BULL -a hollow brass statue crafted to resemble a real bull

31. CORPORAL PUNISHMENT Wheels The breaking wheel or execution wheel, also known as the Catherine wheel or simply the Wheel, was a torture method used for public execution primarily in Europe from antiquity through the Middle Ages into the early modern period by breaking the bones of a criminal or bludgeoning them to death

32. PUBLIC HUMILIATION OR SHAMING -to put the offender to shame

33. STOCKS devices fastened to the ankles, neck and wrist of the offender for long period of time

34. BANISHMENT OR TRANSPORTATION - sending away of an offender which was carried out either by prohibition against coming into specified territory or prohibition against going outside a specified territory Banishment is being practiced by the Spaniards and they even incorporated this in Codigo Penal for the Philippines known as destierro

35. GALLEY long, narrow, single decked ships propelled by sails, usually rowed by criminals

36. HULKS decrepit transport, former warships used to house prisoners these were abandoned warships converted into prisons as means of relieving congestion of prisoners also called “floating hells”

37. CONTEMPORARY FORMS OF PUNISHMENT 1. Imprisonment - putting the offender in prison for the purpose of protecting the public against criminal activities and at the same time rehabilitating the prisoners by requiring them to undergo institutional treatment programs 2. Payment of Fines Fine is an amount given as a compensation for a criminal act .

38. CONTEMPORARY FORMS OF PUNISHMENT 3. Parole - procedure by which prisoners are selected for release on the basis of individual response the progress within the correctional institution and service by which they are provided the necessary controls and guidance as they serve the remainder of their sentence within the free community 4. Conditional Pardon

39. CONTEMPORARY FORMS OF PUNISHMENT 5. Destierro - the penalty of banishing a person from the place where he committed a crime, prohibiting him to get near or enter the 25-kilometer perimeter 6. Community Service

40. Death Penalty Related Laws Ra 7659 (Dec. 13, 1993) -restored the death penalty on certain heinous crimes RA 8177 ( March 20, 1996 ) -designates death by lethal injection as the method of carrying out the capital punishment of death RA 9346 (June 24, 2006) - prohibits the imposition of death penalty

41. JUSTIFICATION OF PUNISHMENT 1. Retribution - personal vengeance - the punishment should be provided by the state whose sanction is violated, to afford the society or the individual the opportunity of imposing upon the offender suitable punishment as might be enforced. Offenders should be punished because they deserve it. 2. Expiation or atonement - group vengeance - punishment in the form of group vengeance where the purpose is to appease the offended public or group

42. JUSTIFICATION OF PUNISHMENT 3. 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 cannot afford to do what the offender has done. 4. Incapacitation and protection - the public will be protected if the offender was 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 actions

43. JUSTIFICATION OF PUNISHMENT 5. Reformation or rehabilitation - it is the establishment of the usefulness and responsibility of the offender. Society’s interest can be better served by helping the prisoner to become law abiding citizen and productive upon his return to the community by requiring him to undergo intensive program rehabilitation in prison

44. Theories Justifying Imposition of Penalty (Punishment) 1. Prevention theory -the state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender 2. Self-defense theory - the state thas the right to punish the criminal as a measure of self-defense so as to protect society from the treat and wrong inflicted by the criminal

45. Theories Justifying Imposition of Penalty (Punishment) 3. Reformation theory -the object of punishment is to correct the offenders 4. Exemplary theory -the criminal is punished to serve as an example to deter others from committing crimes 5. Justice theory -the crime must be punished by the state as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal

46. Juridical Conditions of Penalty 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 p unished, no proxy

47. Juridical Conditions of Penalty 4. Legal - the consequence must be in accordance with the law 5. Equal - equal for all persons 6. Certain - no one must escape its effects 7. Correctional - changes the attitude of offenders and become law-abiding citizens

48. SCHOOLS OF THOUGHT IN CORRECTION A. PRE-CLASSICAL THEORIES 1. Secular theory of punishment - first attempt to explain crime was made by Aristotle in his book “Nicomedian Ethics” 2. Judean-Christian theory 3. Rise of Canonical court

49. SCHOOLS OF THOUGHT IN CORRECTION B. CLASSICAL SCHOOL - this theory considered man as a free moral agent therefore he is responsible for his acts -free will -by Jeremy Bentham ( believed in the Aristotelian concept that two conflicting forces govern man: pleasure and pain ) and Cesare Beccaria ( he wrote the book on Crimes and Punishment)

50. SCHOOLS OF THOUGHT IN CORRECTION C. NEO- CLASSICAL SCHOOL Significant Contributions: 1. Exempting circumstances 2. Mitigated punishment for lack of full responsibility 3. It represents the reaction against the severity of the classical theory of equal punishment irrespective of circumstances

51. SCHOOLS OF THOUGHT IN CORRECTION D. POSITIVE/ITALIAN SCHOOL -maintained that crime is a natural phenomenon Proponents: 1. Cesare Lombroso -author of “Crime: Its causes and remedies” 2. Enrico Ferri -emphasize social factors, known for the Theory of Imputability and Denial of Freewill 3. Raffaele Garofalo -he traced the roots of criminal behavior to psychological equivalents to stigmata called moral anomalies -he defined the concept of “Natural Crime”

52. SCHOOLS OF THOUGHT IN CORRECTION E. MODERN CLINICAL SCHOOL -interested primarily in the personality of the criminal himself in order to determine the conditioning circumstances that explain his criminality and in order to obtain light upon problem of how he should be handled

53. Name: Batch #____ Activity 3 Direction. Write TRUE if the statement is correct and FALSE if it is otherwise. _______1. Punishment can be utilized by the government as a means of social control to cause people to become cohesive and to induce conformity with the prescribe laws, rules and regulations _______2. Punishment by means of hanging, burning, immersin in boiling oil and feeding to wild animals are forms of corporal punishment. _______3. Punishment must be commensurate with the offense which means that different crimes must be punished with different penalties _______4. Punishment often isolates the criminal, leaves in him a stigma and develops in his person a strong resentment of authority. _______5. Any who has violated penal laws will be subjected to punishment.

54. Name: Batch #____ Activity 4 1. Discuss the historical development of punishment. 2. Provide a comparative analysis among the different schools of thought in correction

55. Name: Batch #____ Activity 5 1. What are the effects/consequences of punishment? 2. In the Philippines, who are exempted from punishment? 3. What do you think is the best form of punishment to eradicate or lessen criminality?