Institutional Correction system is not applicable to minors instead it should
be Juvenile Justice System under RA 9344 or
Juvenile Justice Welfare Act of 2006 as amended.
The Interplay of Criminology:
Penology – Law - Criminal Justice PENOLOGY- Is a branch of criminology dealing with
jail management and administration of inmates.
Chapter One
It is defined as the study of the reformation and
CORRECTION -is that branch of the administration rehabilitation of criminals and of the management
of the criminal justice charged with the of prisons.
responsibility for the custody, supervision and
based on the root word penal, which is
rehabilitation of the convicted offender.
derived from the Latin word poenalis
It also refers to all official methods or ways in which
meaning “punishment” and a similar Greek
society reacts to persons who have been convicted
word poine meaning “penalty or fine”
of committing criminal acts, including persons
(Carlson, Hess and Orthmann).
handled by the juvenile court.
THOERIES OF PENOLOGY
TWO APPOACHES OF CORRECTION
1. RETRIBUTION - This is one of the first forms
of punishment – essentially the idea of “an
eye for an eye.”
Those who favor retribution believe
PROBATION PAROLE it gives the victims of crime, or society, a
InstitutionalCorrection(Institution-based sense of satisfaction knowing a criminal
Correction) -rehabilitation or correctional programs received the appropriate level of
take place inside correctional facilities or institution punishment for the crime committed.
such as national penitentiaries and jails. 2. DETTERENCE -Deterrence aims to prevent
future crime and can focus on specific and
Non-Institutional Correction (Community-based general deterrence.
Correction) - rehabilitation or correctional 3. SPECIFIC DETTERENCE- deals with making
programs take place within the community. This is an individual less likely to commit a future
otherwise refers to as community-based correction. crime because of fear of getting a similar or
worse punishment.
In this approach the convict will not be placed or be 4. GENERAL DETTERENCE- refers to the impact
released from correctional facility or jails. on members of the public who become less
likely to commit a crime after learning of
the punishment another person
experienced.
5. REHABILITATION - This typically includes
offering a host of programs while in prison,
PROBATION -is a disposition, under which an
including educational and vocational
accused after conviction, is released subject to the
programs, treatment center placement, and
conditions imposed by the court and to the
mental health counseling.
supervision of a probation officer.
- The goal is to lower the rate of recidivism,
PAROLE- a conditional release from prison of a or people committing another crime after
convicted person upon service of the minimum of getting released from prison.
his indeterminate penalty.
Rehabilitation Programs in Prison and Jails in
PARDON- a form of executive clemency which is the Philippines
exercise exclusively by the Chief Executive or
1 Work and Livelihood
President.
2 Sports and Recreation
Pardon may be given conditionally (conditional
3 Healthcare Services
pardon) or unconditionally (absolute pardon).
4 Education and Skills Training
Agencies of the Philippine Government Charged 5 Moral and Spiritual Program
with Correctional Responsibility 6 TCMP- Therapeutic Community
Modality Program
Note:
It should be remembered that adult criminal justice
6 INCAPACITATION- Simply means - Administered by an authority by a legal
removing a person from [Link] system against which the offense is committed.
includes incarceration in prison, house
ORIGINS OF DEATH PENATY (CAPITAL
arrest and, in its more dire form,
PUNISHMENT)
execution.
it doesn’t address rehabilitation or DEATH BY SAWING- This form of execution is most
recidivism, the latter of which tends to closely associated with the reign of the Roman
remain high in societies that practice Emperor Caligula.
incapacitation. - The criminal was attached to an arch of wood and
7. ROSTORATION- This new approach to then sawn vertically from the groin down through
criminal justice calls for the offender to the skull.
make direct amends to the victim of
THE GAROTTE- was used in Spain for hundreds of
their crime, as well as the community
years, the garotte is an efficient means of execution
where the crime occurred.
by asphyxiation.
The criminal and the victim meet so that
the offender can hear what the victim GUILLOTINE- Conceived in the late 1700's this was
says about their experience with the one of the first methods of execution created under
crime committed. the assumption that capital punishment was
intended to end life rather than inflict pain.
HISTORY AND FORM OF PENALTY AND
PUNISHMENT PREMATURE BURIAL-One of the latest documented
cases was during the Nanking Massacre in 1937
TRANSPORMATION SYSTEM- Punishment by
when Japanese troops buried Chinese civilians
indenturing(contract/deed) their convicts to penal
alive.
colonies where they served as slaves until they
completed their services of sentences. Hanged, Drawn, and Quartered
Europe (England, France, Spain) - The victim was tied to a wooden frame and
1718- England first began transporting prisoners, by dragged to the location of their execution (drawn).
sending her convicts to American Colonies until the - They were then hung until nearly dead (hanged).
American Revolution. - Open the abdomen and their entrails were
- When the colonies obtained their removed, then, they were then burned before his
independence, England diverted her convicts to or her eyes.
Australia and New Zealand. (Ended on the last half - He was then also emasculated and eventually
of 19th centuries.) beheaded.
Hanged, Drawn, and Quartered
-This punishment was only used on men for any
CHAPTER 2 ( SENTENCING AND PUNISHMENT )
convicted woman would generally be burnt at the
PUNISHMENT- Is defined as the redress that the stake as a matter of decency.
state takes against an offending member.
ELECTRICAL CHAIR- Execution by electrocution,
It involves pain and suffering produced by design
usually performed using an electric chair, is an
and justified by some value that the suffering is
execution method originating in the United States
assumed to have.
in which the condemned person is strapped to a
-Penalty imposed, as for transgression of specially built wooden chair and electrocuted
law any pain, penalty, forfeiture, or confinement through electrodes placed on the head and leg.
imposed by the court for a wrongdoing.
FIRING SQUAD- Execution by shooting, is a method
It is considered a means of social control, a device
of capital punishment, particularly common in the
to cause people to become cohesive and induce
military and in times of war.
conformity.
The definition of punishment involves the
Corporal Punishment (Physical Torture)
following elements:
-Torture, flogging, beating, branding, mutilation
-Infliction of pain or other consequences
and blinding are among the means of corporal
normally considered unpleasant.
punishment (any physical pain inflicted short of
- A person who has violated the law.
death).
- Intentionally administered by human being
Many tortures were used to extract a "confession"
other than the offender
from the accused, often resulting in death penalty
for an innocent person. punishment short to death penalty are still practice
in other states but not here in the Philippines
because of the constitutional prohibition for such
ORIGINS IF CORPORAL PUNISHMENT (PHYSICAL
imposition.
TORTURE)
BANISHMENT- This is carried out by sending or
FLOGGING ( WHIPPING ) -Administration was putting away of an offender either by a prohibition
commonly done by a short lash at the end of a solid against coming into a specified territory, or a
handle about three feet long, or by a whip made of prohibition against going outside a specified
nine knotted wires, lines, or cords fastened to a territory, such as island to where the offender has
handle (cat-o’-nine tails), sometimes with barbed- been removed.
wire spikes worked into the knots. COMMUNITY SERVICE- Like payment of fines, this
is commonly imposes to those simple infraction of
THE BRAZEN BULL- invented by a Greek named
laws.
Perillus. Victims were placed inside, usually with
their tongues cut out first.
- The door was shut, sealing them in, fires CHAPTER 3 ( Purpose, Goals, Justification, and
would then be lit around the bull. Constitutional/ Legal Limitations/ Conditions of the
- As the victim succumbed to the searing imposition of penalty and sentencing)
heat inside, he would thrash about and
Justification of Punishment
scream in agony.
Retribution - personal vengeance
Public Humiliation or Shaming- This was affected
Expiation or Atonement - group vengeance
by use of stocks and pillory, docking stool,
Deterrence or Exemplarity- imposing
branding, shaving off the hair etc.
penalty to deter criminality
Protection/SociaI Defense - shown by its
Contemporary Forms of Punishment
inflexible severity to recidivist and habitual
IMPRISONMENT- The most common form of delinquents
punishment. Putting offenders in prison for the Reformation - as shown by the rules which
purpose of protecting the public and at the same regulate the execution of the penalties
time rehabilitating by requiring latter to undergo consisting in deprivation of liberty.
institutional treatment program.
Theories Justifying Imposition of Punishment
PAYMENT OF FINES - This is common to violations
of minor offenses. Prevention Theory- the state must punish the
-However, there are crimes where fines are criminal to prevent or suppress the danger to the
imposed with imprisonment. state arising from the criminal acts of the offender.
Self Defense Theory - the state has the right to
PAROLE- Is defined as a procedure by which
punish the criminal as a measure of self-defense so
prisoners are selected for release on the basis of
as to protect society from the threat and wrong
individual response the progress within the
inflicted by the criminal.
correctional institution and service by which they
Reformation Theory- the object of punishment to
are provided the necessary controls and guidance
correct and reform the offenders.
as they serve the remainder of their sentence
Exemplary Theory - the criminal is punished is to
within the free community.
serve as an example to deter others from
CONDITIONAL PARDON- Executive clemency power
committing crimes,
to be exercise exclusively by the Chief
Justice Theory - the crime must be punished by the
Executive/President.
state as an act of retributive justice a vindication of
-The imposition of conditions is likewise
absolute right and moral law violated by the
within the discretion of the President.
criminal.
PROBATION- it is a procedure under which an
accused found guilty' of a crime is released by the
Constitutional provisions for the imposition of
court with conditions and subject to the
Punishment
supervision of the probation office
Sec. 1, Art. III, 1987 Constitution:
DEATH PENALTY- Sentencing a convicted person to
"No person shall be deprived of life, liberty, or
death especially to those who convicted of heinous
property without DUE PROCESS O LAW, nor shall be
crimes.
denied the EQUAL PROTECTION OF THE LAWS”
CORPORAL PUNISHMENT- Physical torture as
Considering that by imposition of punishment, a 1. An imbecile or an insane person, unless
person may be deprived o life, liberty or property, the insane person has acted during lucid
the Constitution requires the observance of two interval
Constitutional guarantees: 1). Due process of law; 2. A minor under 15 years of age
and 2). Equal protection of the laws. 3. A minor over 15 years of age but under
18 unless he acted with discernment
4. Any person who, while performing a
Judicial Conditions of Penalty-
lawful act with due care, causes an injury by
- Must be productive of suffering - mere accident without fault or intention of
without however affecting the integrity causing it.
of human personality. 5. Any person who acts under the
- Must be commensurate with the compulsion of an irresistible force.
offense - different crimes must be 6. Any person who acts under the impulse
punished with different penalties. of uncontrollable fear of an equal or
- Must be personal - no one should be greater injury.
punished for the crime of another. 7. Any person who fails to perform an act
- Must be legal - it is the consequence of required by law, when prevented by some
a judgment according to law. lawful or insuperable cause.
- Must be certain - no one may escape its
effects
- Must be equal to all
- Must be correctional
Effects of Punishments
Over severity of punishment may arose
public sympathy for the offender.
Those persons most likely to be
imprisoned are already accustomed to
experience deprivation and frustration
of goals routinely in daily life.
It is impossible to fashion a practical
legal "Slide Rule" which will determine
exact degrees of retribution appropriate
for the list of crimes ranging from simple
theft to murder.
The simple application of naked
coercion does not guarantee that the
subject of its force will alter their
behavior to conform to new legal norms
or to improve their conformity with
norms previously violated.
The possibility of deterrence varies with
the chances of keeping the particular
type of crime secret and consequently
of avoiding social reprobation.
Exemptions from Punishment
Not everyone found violated penal laws will
be subjected to punishment. Under Article
12 of the Revised Penal Code as amended,
the following are the enumerated
circumstances which exempt a person from
criminal liability:
