PENOLOGY The study of punishment of crime.

It is branch of criminology dealing with prison management, and the deterrence and reformatory treatment of criminals.  Sources of the term Penology

a. Peno was derived from Greek word “piono” and Latin word “poena”, both means punishment. b. Logy – Latin word “logos” meaning science.  PENOLOGY vs. PENITENTIARY SCIENCE  Penology distinguish from penitentiary science  PENOLOGY and CRIME Relationship of Penology and Crime PUNISHMENT (instrument of public justice) a. It is inflicted by the group in its corporate capacity upon one who is regarded as a member of the same group. b. Involves pain and suffering produced by designed and justified by some value that the suffering is assumed to have.  Penalty It is the suffering that is inflicted by the state for the transgression of the law.  Concept of penalty Signifies pain; especially considered in the judicial sphere; it means suffering undergone because of the action of human society, by one who commits a crime. Conditions of penalty 1. Must be productive suffering, without however affecting the integrity of the human personality. 2. Commensurate with the offense 3. Must be personal 4. Legal 5. Certain 6. Equal for all

7. correctional  Theories in justification of penalties

1. Prevention 2. Self-defense 3. Reformation 4. Exemplarity 5. Justice 6. Retribution 7. Expiation or Atonement ( punishment) 8. Deterrence  Three Fold purposes of penalty under the RPC

a. Retribution – commensurate with the gravity of the offense b. Correction or Reformation – regulates the execution of the penalties consisting the deprivation of liberty. c. Special defense – inflexible severity to recidivist and habitual delinquents. CONSTITUTIONAL RESTRICTIONS OF PENALTIES:

The Constitution directs that excessive fines shall not be imposed, nor cruel, degrading and unusual punishment inflicted. Effects of punishment among ancient people: Personal vengeance or revenge is the most ancient justification of punishment, and this is called the Law of Vendetta. (a family whose member was murdered by a member of another family entitled a member of the aggrieved family to kill the killer of their relative ex. Manambit killings in Lumban Laguna) The Code of Hammurabi The oldest written penal law in Babylonian in 1750 that stopped the ancient practice of retribution or personal vengeance and punishment became the responsibility of the state. This code of

laws was a compilation of the laws of the Semetic tribes and was written on stone. It instituted the law of the Talon (Les Taliones) which means that the state would mete out punishment equally, as “eye or a tooth for a tooth” CAPITAL PUNISHMENT -Is the infliction of death penalty upon a person who committed a serious crime. Corporal Punishment - Means infliction of physical pain upon a convicted criminal. Forms of punishment: 1. Death penalty – includes burning, hanging, be-heading, stoning to death, breaking at the wheel, boiling in oil etc a. Milk and Honey (Scaphism), Torture to death - Mithridates, the Persian general was condemned to death. He was encased in a box from which his head, hands and feet protruded, forcibly feed with milk and honey, which was also smeared of his face, and then exposed to the sun. Methods of Capital Punishment in Modern Society: The most common among which are electrocution, hanging, asphyxiation, shooting and beheading. Electrocution was first used at the Auburn state prison in the New York state on August 6, 1890. 2. Physical torture – corporal punishment which includes mutilation, maiming, whipping. 3. Social Degradation – shame and humiliation. The used of docking stool, the pillory, branks and other devices. 4. Banishment – sending or putting away of an offender which was carried out either by a prohibition against coming into a specified territory, or against going outside a specified territory. Contemporary Methods of Punishment: a. Imprisonment – placing offenders in prison for the purpose of protecting the public an at the same time rehabilitating them. b. Parole – procedure by which the prisoners are selected for release on the basis of individual response and progress within the correctional institution.  - Conditional release after the prisoner served part of his sentence in prison for the purpose of gradually re-introducing him to live again in free community under the guidance and supervision of a parole officer. Under the Phil. Law the Board of Pardon and parole grants parole.

c. Probation - It is the procedure under which a defendant after found guilty of a crime is released by the court without imprisonment subject to the conditions imposed by the court and subject to the supervision of a probation officer. General Concept of Correction: Correction Branch of administration of the criminal justice system charged with the responsibility for the custody, supervision of convicted offender. Official method or ways in which society’s reacts to persons who have been convicted of committing criminal acts.

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