CHAP 1 Flashcards
(116 cards)
1
Q
-is where the convicted person is going to serve their sentence inside the institution (jail, prison and colonies)
A
INSTITUTIONAL CORRECTION
2
Q
-is where the convicted person is going to serve their sentence outside the institution
A
NON- INSTITUTIONAL CORRECTION
3
Q
☆ a.k.a “Community based treatment”
A
NON- INSTITUTIONAL CORRECTION
4
Q
This was by the virtue of the Commission on Higher Education/ CHED Memorandum Order No. 21, Series 5
A
NON- INSTITUTIONAL CORRECTION
5
Q
-refers to the system used by government to maintain social control, prevents crime, enforce the laws and administer justice
A
CRIMINAL JUSTICE SYSTEM (CJS)
6
Q
5 PILLARS OF THE CRIMINAL JUSTICE SYSTEM
A
- LAW ENFORCEMENT
- PROSECUTION
- COURT
- CORRECTION
- COMMUNITY
7
Q
consist mainly of the personnel or officers of the PNP, NBI, PDEA, Anti-money laundering council, AFP and other related agencies
A
LAW ENFORCEMENT
8
Q
a.k.a “Core front, Initiator, Frontline defender, Prime mover”
A
LAW ENFORCEMENT
9
Q
☆ proceeding or inquiry that determine whether there is a sufficient ground to endanger a well-founded belief that a crime has been committed and the respondent is guilty thereof and should be held for trial
A
PROSECUTION
10
Q
☆ composed of the city, provincial, regional state prosecutors and they are the prosecutors of the Ombudsman
A
PROSECUTION
11
Q
☆ their principle task is the investigation of criminal complaint or complaints emanating the community and the law enforcement agencies
A
PROSECUTION
12
Q
☆ they conduct Preliminary Investigation of cases filed in the Prosecutor’s Office to determine the existence of the probable cause
A
PROSECUTION
13
Q
Quantum of evidence required to conduct Preliminary Investigation is
A
Probable Cause
14
Q
reasonable ground of presumption that a matter or well-founded such as the state of facts in the mind of the Prosecutor as would lead to a person of an ordinary caution and prudence to believe of entertain an honest or strong suspicion
A
PROBABLE CAUSE
15
Q
Prosecutors or Fiscals are the evaluator of the Police findings, they are called as the
A
Lawyers of the State
16
Q
☆ they adjudicate cases and render judgment
A
COURT
17
Q
☆ its goal is not just to adjudicate cases but rather to do so in accordance with the rule of law and without sacrificing the quality of justice
A
COURT
18
Q
☆ a.k.a. “Corner stone, Arbiter of Justice, Center piece, Dispense of Justice”
A
COURT
19
Q
☆classified into two: Institutional and Non-institutional Corrections
A
CORRECTION
20
Q
❀ this is influence by the Positivist Theory therefore their goal is to rehabilitate and reform offenders and the cornerstone is education, that is intended to correct or educate the offender
A
CORRECTION
21
Q
☆ it is not limited to persons only, includes the home, church, family, government and community
A
COMMUNITY
22
Q
☆ a.k.a “Core and Base pillar of CJS”
A
COMMUNITY
23
Q
☆ where the convicted offenders will be reintegrated after passing through the correction component as by rendering the full service of the term of imprisonment imposed on them, they will go back to the community either they will live as a normal citizen or law-abiding citizens
A
COMMUNITY
24
Q
- A pillar of Criminal Justice System, as also as a process, as the fourth pillar of the components of our criminal justice system that are concern with the custody, provision and are in charge with reforming and rehabilitating offenders.
A
CORRECTION
25
- It is also known as the weakest pillar among the pillars of criminal justice system because of its failure to reform and rehabilitate offenders.
CORRECTION
26
of Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders
CORRECTION AS A PILLAR
27
☆ it is considers as the “WEAKEST PILLAR” bc of it’s failure to reform and rehabilitate offenders, this is due to the assumption na ang correctional institution na they cannot rehabilitate an offenders which is manifested to the increase of criminality and recidivism
CORRECTION
28
-refers to the reorientation of the criminal offender to prevent him or her from repeating his deviant or delinquent actions without the necessity of taking punitive actions but rather the introduction of individual measures of reformation
CORRECTION AS A PROCESS
29
THEORIES IN CORRECTION
1. CLASSICAL THEORY
2. NEO-CLASSICAL THEORY
3. POSITIVIST THEORY
4. ECLECTIC THEORY
30
☆ states that men have the absolute free will to choose between good and evil, so they are liable for the consequences of their acts.
CLASSICAL THEORY
31
☆ a.k.a “Freewill theory” that was advocated by Cesare Beccaria
CLASSICAL THEORY
32
believe that people have intelligence, they have their rational mind to differentiate what is right from wrong, therefore, they assumed that people have freewill to choose between right or wrong
CLASSICAL THEORY
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☆ if a person committed a crime, she is responsible for the consequences, regardless of the circumstances she will get from the actions whether she is a child, old, or insane, you are liable to your actions
CLASSICAL THEORY
34
– Father of Classical Theory
CESARE BECCARIA
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- Father of Modern Criminology and important person
CESARE LOMBROSO
36
- ability of individual to make decisions freely
Freewill
37
If the amount of pain is higher than the amount of pleasure, they will not commit crimes. If the amount of pleasure is higher than the amount of pain, they will commit crimes. Their future actions depends on the
RATIONAL CALCULATOR
38
they use punishment to deter people from committing crime, the purpose of punishment is RETRIBUTION
CLASSICAL THEORY
39
(act of vengeance or revenge)
RETRIBUTION
40
ARGUMENTS IN CLASSICAL THEORY
1. UNFAIR
2. UNJUST
3. THE NATURE AND DEFINITIONS OF PUNISHMENT IS NOT INDIVIDUALIZED
4. IT FOCUS ON THE CRIME ITSELF, NOT ON THE CRIMINAL
41
new
NEO
42
☆ states that since insane and minors do not know the consequences of their acts, they must not be liable for the crimes they may committed.
NEO-CLASSICAL THEORY
43
☆ they believe that there are factors or situations which might affect a persons freewill (pathology, insanity, incompetence, and other conditions) instead of punishing them, they should be exempted or mitigated
NEO-CLASSICAL THEORY
44
this system recognized that children cannot exercised their freewill entirely. Children have limited experiences, their capacities are continuously evolving. They cannot differentiate right and wrong.
Juvenile Justice System
45
☆ states that criminals shall be treated like patients in the hospitals, instead of punishing them.
POSITIVIST THEORY
46
☆ a.k.a “Italian Theory” bc it composes Italian makers who is Cesare Lombroso
POSITIVIST THEORY
46
☆ they believe that criminals should be rehabilitated and reform instead of punishing them
☆ the purpose of their punishment is Reformation/ Rehabilitate
POSITIVIST THEORY
47
- he believe that it is the nurture of the person, not the nature
ENRICO FERRI
48
- he believe that if you are lacking probity (dishonesty) and pity (walang awa), you will commit crime
RAFFAELLE/ RAFFAELE GAROFALO
49
- the combination of beneficial aspects classical, neo-classical and positivist theories.
ECLECTIC THEORY
50
☆ a.k.a “Mixed Theory”
ECLECTIC THEORY
51
The Revised Penal Code of the Philippines is governed by
Eclectic/Mixed Theory
52
-It is a term derived from the Latin word "POENA" which means pain or suffering
PENOLOGY
53
-is a division of Criminology and focuses the study of punishment for crime and or of criminal offenders
PENOLOGY
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☆ influenced by the Classical theory, their purpose is Retribution (act of vengeance/ revenge), the cornerstone is Discipline
PENOLOGY
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- Otherwise known as the "Penal Science"
PENOLOGY
56
- it is the infliction of some sort of pain on the offender for violating the law
PUNISHMENT
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-a means of social control
PUNISHMENT
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- the study of the management of prisons, reformatories and any other confinements units.
PENAL SCIENCE
59
-The study and practice of a system management of jails or prisons and other institutions concerned with the custody, treatment, and rehabilitation of criminals, or detainees.
CORRECTIONAL ADMINISTRATION
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- persons convicted by final judgment
Criminals
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– are those persons undergoing investigation, awaiting or undergoing trial or those who are awaiting for final judgement.
Detainees
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-refers to the manner or practice of managing or controlling places of confinement.
PENAL MANAGEMENT
63
ANCIENT FORMS OF PUNISHMENT
1. DEATH PENALTY
2. Physical Torture
3. SOCIAL DEGRADATION
4. BANISHMENT
64
- whereby a person will be punished to death effected by burning, boiling in oil, breaking at the wheel, death by flaying and death by beheading
DEATH PENALTY
65
prevalent during the 17th and 18th century, it is the Capital Punishment
DEATH PENALTY
66
- Filipino that was sentenced to Death Penalty by the Firing squad
DR. JOSE RIZAL
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- Filipino that was sentenced to Death Penalty by little injection
LEO ECHEGARAY
67
- a.k.a “decapitation”
DEATH BY BEHEADING
68
- the total separation of the head from the body of a person wherein the ancient Greeks and romans regarded it as the honorable form death.
DEATH BY BEHEADING
69
- a.k.a “skinny”
DEATH BY FLAYING
69
- a method of torture whereby the skin of the victim is gradually removed from then body in a precise fashion so if the individuals survives the initial shocks and avoid critical loss of blood during torture then they will likely die this later due to infection.
DEATH BY FLAYING
70
☆ The most common physical punishment through the ages
FLOGGING OR WHIPPING
70
- Used in ancient medieval societies archeological evidence shows that Pharoa’s as the ruler of the Ancient Egypt or the representative they often ordered
MUTILATION
71
- rendering physical pain into a person who committed an act in violation of the existing laws which as effected by mutilation, whipping, and other barbaric forms of inflicting pain.
Physical Torture
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☆ a.k.a “Corporal Punishment”
Physical Torture
72
-it is common in England during the middle ages as justice for a wide variety of crimes wherein the women flogged in private while men were ripped publicly
FLOGGING OR WHIPPING
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☆ it is according to the law of retaliation or the cutting off or causing injury to a body part of a person so that a body of that person is permanently damaged, detached or disfigure
MUTILATION
74
☆ Iran and Saudi Arabia are using this type of punishment
MUTILATION
75
- the purpose of this was to put the offender into shame or humiliation.
SOCIAL DEGRADATION
76
- A prisoner in a standing position with the head and hands locked in place both devices exposed the prisoner to public scorn and one confined in place prisoners were frequently felted with eggs and rotten fruit foods,
PILLORY
77
-in England they abolish Pillory in
1834
78
-this is a form of punishment whereby the offender was sent or put away from the place of the commission of the act which was carried out by a prohibition of coming into a specified territory.
BANISHMENT
79
- It is also known as exile
BANISHMENT
80
CONTEMPORARY FORMS OF PUNISHMENT
1. IMPRISONMENT
2. PROBATION
3. PAROLE
4. FINE
5. DESTIERRO
81
- putting offenders in a prison for the purpose of protecting the public
IMPRISONMENT
82
- a disposition whereby the defendant after conviction of an offense is released subjects to the conditions imposed by court and under the supervision of probation officer
PROBATION
83
when your application is granted in probation, you will be released to community instead in prison but there are
mandatory and discretionary conditions
84
Probation Law
Presidential Decree 968
85
grants the Probation
Court
86
person applying for probation
PROBATIONER
87
officer in probation
PROBATION OFFICER
88
-it is the suspension of sentence of a convict after having served the minimum of the sentence imposed without granting pardon, prescribing the terms of suspension
PAROLE
88
who grants Parole
Board of Pardon and Parole
89
– the penalty of banishing a person from the place where he committed a crime prohibiting him to get near or enter within the 25-kilometer radius
DESTIERRO
89
an amount given as compensation for a criminal act
FINE
90
JUSTIFICATIONS OF PUNISHMENT
* RETRIBUTION
* EXPIATION OR ATONEMENT
* DETERRENCE
* PROTECTION/ INCAPACITATION
* REFORMATION/ REHABILITATION
91
- punishment of an offender was carried out in the forms of personal vengeance
RETRIBUTION
92
- it is where punishment is exacted publicly for the purpose of appeasing the social group.
EXPIATION OR ATONEMENT
93
-to prevent someone to do something; to discourage someone by the use of punishment
DETERRENCE
93
-This was form of group vengeance as group distinguished from contribution where in the punishment is accepted publicly or the purpose of officing the social group so it is an offense committed by a member against the other member of the same clan or group arose that the condemnation of the whole group against offending member so the group would therefore demand the offender to be punished.
EXPIATION OR ATONEMENT
93
- It is commonly believed that punishment gives a lesson to the offender; that it shows other what will happen if they violate the law;
DETERRENCE
94
☆ it is commonly believe that punishment give lesson to the offender that it shows other what would happen if they violate the law so punishment is imposed upon a person who has committed a crime that the pain inflicted will dissuade the offender or the specific defense in to the other persons or the general deterrence from committing crimes.
DETERRENCE
95
☆ punishment given to the offender, showing what would happen if they violate the law. The pain he will receive will be a lesson to not commit crime again.
☆ create fear to the criminals
SPECIFIC DETERRENCE
95
- to deter a person or the community from committing a crime; discouraging public to commit a crime due to the punishment they will get
☆ to create fear to the society
GENERAL DETERRENCE
96
- by placing offenders in prison society that is protected from the further criminal and depredation of criminals.
PROTECTION/ INCAPACITATION
97
- people believe that by putting or placing the offender in prison society is protected from his further criminal depredation
PROTECTION/ INCAPACITATION
98
☆ the accused and dangerous criminals are made to serve long terms of imprisonment to protect the public from harm or dangerous behavior.
PROTECTION/ INCAPACITATION
99
- society's interest can be best served by helping the prisoner requiring him to undergo an intensive program of rehabilitation.
REFORMATION/ REHABILITATION
100
- person has been arrested for the commission of a crime and he is in the Law Enforcement Stage
SUSPECT
101
- combination of the related elements that functioning as a whole
SYSTEM
102
- Prosecution Stage
RESPONDENT
103
- in the Court
ACCUSED
104
- in the Correction Stage
CRIMINAL/ CONVICT
105
- when he goes back to the community
EX-CONVICT
106
HOLY THREE IN CRIMINOLOGY
CESARE LOMBROSO
RAFFAELLE/ RAFFAELE GAROFALO
ENRICO FERRI
