1 - General Concept of Penology, Corrections and Punishments

May 3, 2018 | Author: Rudy V. Ortea | Category: Penology, Punishments, Prison, Crimes, Crime & Justice
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Mr.. Rudy V. Ortea, Mr Ortea , RC Faculty member College of Criminology Lyceum Lyce um of the Philippines University

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Penology Corrections Punishments

It is the study of punishment for crime or of criminal offenders.

It also includes the study of control and prevention of crime through punishment of criminal offenders.

It is derived from the Latin word “POENA” which means pain or suffering.

Also known as, Penal Science.

A division of Criminology that deals with prison management and the treatment of offenders, and concerned itself with the philosophy and practice of the society in its effort to repress criminal activities.

To bring light in the ethical barriers of punishment, along with the motives and purposes of society inflicting it.

To make comparative study of penal laws and procedures through history between nations.

To evaluate the socials consequences of the policies enforced at a given time.

It is the manner or practice of managing or controlling places of confinement of as in jails or prisons.

It is a branch of Criminal Justice System concerned with the custody, supervision, and rehabilitation of criminal offenders.

It utilizes the body of knowledge and practices of the government, and the society in general involving processes of handling individuals who have been convicted of offenses for purposes of crime prevention and control.

As a process, it is the reorientation of the criminal offender to prevent him or her from repeating his delinquent actions without the necessity of taking punitive action but rather introduction of individual measures for reformation.

It is the study and practice of a systematic management of jails or prisons and other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders.

It is the fourth pillar of the CJS.

It is considered as the weakest pillar because of the failure to deter individuals in committing crimes as well as the reformation of inmates.

has been regarded by many as an effective means of social control

It is the redress that the state takes against an offending member of society that usually involves pain and suffering.

It must be productive of suffering without affecting the integrity of the human personality.

It must be commensurate to the offense.

It must be personal.

It must be legal.

It must be equal for all.

It must be correctional.

The 1987 Constitution directs that “excessive fines shall not be imposed, nor cruel and unusual punishment inflicted. The punishment or penalty imposed is deemed unusual and cruel when it is disproportionate to the offense committed and morally shocking to a person of reasonable mind as to what is commensurate under the circumstances which attended to its commission.”

In the ancient times, rulers and kings were perceived to be infallible.

Their next of kin and upperclassmen are likewise benefited with exemptions to punishment given to commoners

In 1843, the M’Nagthan case of England paved way for the exemption of law violators who have an unsound mind or otherwise suffering from mental illness which causes crimes.

In the Philippines, the state recognizes several circumstances in which a person has transgressed the law would not suffer its consequences:    

Minority of age Absence of intelligence Absence of freedom or action Absence of negligence on the part of the accused

Death penalty

Torture or corporal punishment

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Public humiliation or social degradation Banishment or exile

Retribution 

way of personal vengeance. It would depend on the degree of satisfaction the aggrieved or offended party would obtain.

Atonement or expiation 

penalty is commensurate with the gravity of the offense based on the norms observed by the members of the society, form of group vengeance.

Deterrence 

based on the belief that the offender when punished and inflicted with suffering would learn the lessons the hard way.

Protection 

regarded as social defense wherein the society would gain protection by putting criminals behind bars.

Reformation 

the states believe that the society would be best protected when law violators would return to the community as responsible and productive members of the society.

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