LEARNING MODULE IN INSTITUTIONAL CORRECTIONS

𝕸𝖔𝖉𝖚𝖑𝖊 2
FORMS OF PUNISHMENT

🅾🅱🅹🅴🅲🆃🅸🆅🅴🆂:

1. Describe the concept of punishment, the purposes, justification and the limitations of
its application.
2. Illustrate the ancient and contemporary forms of punishment

LESSON 1 ANCIENT FORMS OF PUNISHMENT

Punishment defined:
- Is the redress that the state takes against an offending number of societies that usually involves
pain and suffering

A. DEATH PENALTY/CORPORAL PUNISHMENT – Effected by burning, beheading, hanging,

garroting, breaking at the wheels, crucifying, strangling and other forms of medieval executions.
Poisoning, this was emerged as an elitist from of capital punishment. SOCRATES remains one of
the most famous figures to be executed in this manner.
B. PHYSICAL TORTURE – Maiming, mutilation, whipping and other inhumane or barbaric form of
inflicting pain, pillory/gibbeting (public scorn).
C. SOCIAL DEGRADATION – Putting the offender into shame or humiliation.
D. BANISHMENT OR EXILE – OSTRACISM – Sending or putting away of an offender which was
carried by prohibition against coming into a specific territory. For over ten years the person will be
exiled and this is derived from the vote of the citizens.

EARLY FORMS OF PRISON DISCIPLINE

1. HARD LABOR – Productive works. To produce more products to be delivered.
2. DEPRIVATION – Deprivation of everything expect the essential of existence
3. MONOTOMY – Giving the same food that is “off” diet, or requiring the prisoner to perform drab or
boring daily routine
4. UNIFORMITY – “we treat the prisoner alike”, the fault of one is the fault of all
5. MASS MOVEMENT – Mass living in cellblocks, mass eating, mass recreation, mass bathing.
6. DEGRADATION – Uttering insulting words or language on the part of the prison staff for the
prisoner to degrade or break the confidence of prisoners.
7. CORPORAL PUNISHMENT – Imposing brutal punishment or employing physical for to intimidate a
delinquent inmate.
8. ISOLATION OR SOLITARY CONFINEMENT – Non-communication, limited news “The lone wolf”.

CONTEMPORARY FORMS OF PUNISHMENT

1. IMPRISONMENT
• Putting the offender in the prison
• For the purpose of protecting the public
• The same time rehabilitating the prisoners
2. PAROLE
• Conditional release of a prisoner after serving part of his/her sentence in prison.
3. PROBATION
• Disposition whereby a defendant after conviction of an offense the penalty of which does not
exceed six years imprisonment; is released subject.
4. FINE
• An amount given as a compensation for criminal act.
5. DESTIERRO
• Penalty of banishing a person from the place where he committed a crime, prohibiting him to
get near or enter 25 kilometers perimeter.

20
 LEARNING MODULE IN INSTITUTIONAL CORRECTIONS

Name: __________________________________ Schedule: ____________

Course & Year: ___________________________

(Module 2 – Lesson 1)

Instruction: Explain /answer briefly but substantially the following statements/questions. Write it in
a long bond paper. Write legibly and as much as possible avoid erasures. (100 points)

1. Is death penalty effective as a form of punishment? Why/ Why not?

2. What do you think are the advantages/disadvantages of death penalty? Give at least
10 each.

3. If the ancient forms of punishment are still enforcing nowadays, what do you think are
the impacts of these in our existing criminal justice system?

4. If you were to choose among the early forms of prison discipline, what do you think
will be effective to improve prison/jail discipline considering its current situation in
the Philippines?

5. Compare and contrast the ancient and contemporary forms of punishment?

Rubric
INDICATORS 8 6 4 2 Score
IDEAS & There is clear, well Main idea is clear, Main idea is The main idea is
CONTENT focused topic. Main but the supporting somewhat clear, but not clear. There is
idea stands out and information is there is a need for seemingly random
is supported by general supporting collection of
detailed information information information
ORGANIZATION Details are placed in Details are placed Some details are Many details are
a logical order, and in a logical order, not in a logical not in a logical
the way they are but the way in order, and this order. There is
presented effectively which they are distracts the reader little evidence that
keeps the interest of presented the writing is
the reader sometimes makes organized
the writing less
interesting
GRAMMARS & Writer makes no Writer makes
SPELLING errors in grammar error/s in grammar
or spelling or spelling
Total Score

21
 LEARNING MODULE IN INSTITUTIONAL CORRECTIONS

LESSON 2 JUSTIFICATION OF PUNISHMEMT

1. RETRIBUTION- 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 they deserve it.

2. EXPIATION/ATONEMENT – group vengeance

3. DETERRENCE- punishment gives lesson to the offender by showing to the others what would be
happen to them they violate the law
a. Specific- specific crime and the offender
b. General- fear for the community so that they will not commit a crime

4. INCAPACITATION AND PROTECTION- the public will be protected if the offender has been held in
conditioning where he can no harm others especially the public.

5. REFORMATION/REHABILITATION- the establishment of the usefulness and responsibility of the

offender

JURIDICAL CONDITIONS OF PENALTY

A. PRODUCTIVE OF SUFFERING
• Without however affecting the integrity of the human personality
B. COMMENSURATE WITH THE OFFENSE
• Different crimes must be punished with different penalties (Art. 25, RPC).
C. PERSONAL
• The guilty one must be the one to be punished, no proxy.
D. LEGAL
• The consequence must be in accordance with law.
E. EQUAL
• Equal to all person
F. CERTAIN
• No one must escape its effects
G. CORRECTIONAL
• Changes the attitude of offenders and become a law-abiding citizen

PENALTIES AS TO GRAVITY (DURATION)

1. DEATH PENALTY – capital punishment

2. RECLUSION PERPETUA – a term of 20-40 years imprisonment

3. RECLUSION TEMPORAL – 12 years and 1day to 20 years imprisonment

4. PRISION MAYOR – 6 years and 1 day to 12 years

5. PRISION CORRECTIONAL – 6 months and 1 day to 6 years

6. ARRESTO MAYOR – 1 month and 1 day to 6 months

7. ARRESTO MENOR – 1 day to 30 days

8. BOND TO KEEP THE PEACE – Discretionary on the part of the court

9. DESTIERRO

22
 LEARNING MODULE IN INSTITUTIONAL CORRECTIONS

Name: __________________________________ Schedule: ____________

Course & Year: ___________________________

(Module 2 – Lesson 2)

Instruction: Make a poster illustrating the justification of punishment and juridical

conditions of penalty. Place it into two separate long bond papers in landscape layout.
Rubric
CATEGORY 4 3 2 1 Score
COVERAGE Details on the Details on the Details on the Details on
OF THE TOPIC poster capture poster include poster relate to the poster
the important important the topic but too have little or
information information but the general or nothing to do
about the topic audience may need incomplete. The with the main
and increase the more information to audience needs topic
audience’s understand fully the more information
understanding topic to understand
USE OF GRAPHIC All graphics are All graphics are All graphics are Graphics do
related to the related to the topic related to the not relate to
topic and make and most make it topic the topic
it easier to easier to
understand understand
ATTRACTIVENESS The poster is The poster is The poster is The poster is
exceptionally attractive in terms acceptably distractingly
attractive in of lay out and attractive though messy or
terms of design, neatness it may be bit very poorly
layout and messy designed. It
neatness is not
attractive
CREATIVITY Very creative Shows many Some creative No creation
creative ideas ideas used has been
used
ORGANIZATION Poster is well Poster is organized Poster is together Poster is
organized and well but still a little okay but it is poorly put
easy to difficult to difficult to together and
understand understand understand very difficult
to
understand
Total Score

REFERENCES
References:
MaConville, S. (2003). The Use of Punishment (1st ed.). USA: Routledge.
Tony, M. (2006). The Future of Imprisonment (Illustrated ed.). New York:
Oxford University Press.

23