General Concept of Penology, Corrections and Punishment : General Concept of Penology, Corrections and Punishment Mr. Rudy V. Ortea , RCrim Forensic Laboratory Coordinator/ Faculty member College of Criminology Lyceum of the Philippines University Batangas City, Philippines
Contents : Contents Penology Corrections Punishments Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 2
Penology : Penology 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 3
Penology : Penology 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 4
Principal Aims of Penology : Principal Aims of Penology 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 5
Penal Management : Penal Management It is the manner or practice of managing or controlling places of confinement of as in jails or prisons. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 6
Correction : Correction 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 7
Correction : Correction 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 8
Correction Administration : Correction Administration 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 9
Correction and the CJS : Correction and the CJS 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 10
Punishment : Punishment 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 11
Juridical Rule of Penalties : Juridical Rule of Penalties 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 12
Juridical Rule of Penalties : Juridical Rule of Penalties It must be legal. It must be equal for all. It must be correctional. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 13
Constitutional Restriction on Penalties : Constitutional Restriction on Penalties 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.” Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 14
Exemptions of Punishments : Exemptions of Punishments 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 Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 15
Exemptions of Punishments : Exemptions of Punishments 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 16
Exemptions of Punishments : Exemptions of Punishments 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 Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 17
Primitive Forms of Punishment : Primitive Forms of Punishment Death penalty Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 18
Primitive Forms of Punishment : Primitive Forms of Punishment Torture or corporal punishment Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 19
Primitive Forms of Punishment : Primitive Forms of Punishment Public humiliation or social degradation Banishment or exile Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 20
Justifications of Punishment : Justifications of Punishment 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 21
Justifications of Punishment : Justifications of Punishment 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 22
Justifications of Punishment : Justifications of Punishment 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. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011 23