CHAP 2 Flashcards by Agatha Ofrecio

In the beginning of civilization, ACTS are characterized by behavioral controls categorized as: FORIDDEN ACTS, ACCEPTED ACTS AND THOSE THAT ARE ENCOURAGED OR ENCOURAGE ACTS

THE PRIMITIVE SOCIETY

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are characterized by behavioral controls categorized as: FORIDDEN ACTS, ACCEPTED ACTS AND THOSE THAT ARE ENCOURAGED OR ENCOURAGE ACTS

ACTS

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ACTS are characterized by behavioral controls categorized as:

FORIDDEN ACTS,
ACCEPTED ACTS
ENCOURAGE ACTS

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-crimes, violence, rebellious acts and other acts which are expressly prohibited by the society

FORBIDDEN ACTS

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acts or omission punishable by law, forbidding or commanding it

CRIME

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-acts of a person using physical force or causing an injury to the body of the person either physical harm or psychological harm

VIOLENCE

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-are those acts that can be beneficial to the welfare of the society such as early traditions and practices, folkways, norms, those that are controlled by social rule and laws

ACCEPTED ACTS

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-are anything approved by the majority which is believed to be beneficial to the common good includes marrying, having children, crop production, growing food and etc

ENCOURAGE ACTS

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THREE MAIN LEGAL SYSTEMS

ROMAN LAW
MOHAMMEDAN/ ARABIC LAW
ANGLO-AMERICAN LAW

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Among the Three Legal System, it was the _______ that has the most lasting and most prevailing influence

ROMAN LAW

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(which include CRIMINAL LAW), especially has offered the most adequate basic concepts which sharply define, in concise and consistent terminology, nature in a complete system, logical and firm, tempered with the high sense of equity

ROMAN LAW

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is the basis of modern legal order worldwide

ROMAN LAW

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-it is the “Oldest Code Known to Man”

CODE OF UR-NAMU

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-this institutes fines of monetary compensation for bodily damage, as opposed to the later “LEX- TALIONIS” or “EYE FOR AN EYE” principle of Babylonian

-However, murder, robbery, adultery and rape were capital offenses

CODE OF UR-NAMU

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LEX- TALIONIS/ LEX TALIONES

☆ exact latin translation of this is LAW OF RETALIATION

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-it was advocated by KING HAMMURABI OF BABYLON about 1990 B.C (Before Christ)

CODE OF KING HAMMURABI

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-wrote this code, credited as the “Oldest Code” prescribing savage punishment, based on the Principle of Retaliation or Lex Taliones which means “an eye for an eye, a tooth for a tooth”

CODE OF KING HAMMURABI

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-But in fact, Sumerian Codes were nearly one hundred years older

CODE OF KING HAMMURABI

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its purpose is to provide equitable retribution or vengeance for an offended party so that a person who has injured someone, receives the same injury in compensation

CODE OF KING HAMMURABI

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ROMAN AND GREEK CODES

JUSTINIAN CODE
THE TWELVE TABLES/ XII TABULAE
GREEK CODE OF DRACO
BURGUNDIAN CODE

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-promulgated by Emperor Justinian of Rome

JUSTINIAN CODE

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-formally known as the CORPUS JURIS CIVILIS or BODY OF CIVIL LAW

JUSTINIAN CODE

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-In middle ages around 529 A.D (Anno Domini)

-this became the STANDARD LAW in ROMAN EMPIRE particularly in Europe

JUSTINIAN CODE

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-it is a revision of the 12 tables of Roman Law

JUSTINIAN CODE

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-it represented the earliest codification of Roman Law incorporated into the Justinian Code

THE TWELVE TABLES/ XII TABULAE

-it is the formulation of all public and private law of the Romans until the time of Justinian

THE TWELVE TABLES/ XII TABULAE

-it is also the collection of legal principles engraved on metal tablets and set up on the forum

THE TWELVE TABLES/ XII TABULAE

it is considered as the harsh code that provides the same punishment for both citizens and the slaves as it incorporate primitive concepts (VENGEANCE AND BLOOD FEUDS)

GREEK CODE OF DRACO

☆ It is considered as the First Written Law of Greece

GREEK CODE OF DRACO

☆ This law introduced the States Exclusive Role in punishing persons accused for crimes

GREEK CODE OF DRACO

– means in English is “unreasonable harsh law”

DRACO/ DRACONIAN

were the first society to allow any citizen to prosecute the offender in the name of the injured part

Greeks

-this law repealed Draco’s Law and allowed capital punishment only for a limited number of serious offender such as murder or military or political offenses against the state

SOLON’S LAW

-it also gave the right of representation of every person to claim redress on behalf of another to whom wrong was being done

SOLON’S LAW

-it is specified punishment according to the social class of offenders, dividing them into: NOBLES, MIDDLE CLASS, AND LOWER CLASS and specifying the value of the life of each person according to social status.

BURGUNDIAN CODE

-a.k.a “LEX GUNDOBADA, GUNDOBADA CODE, GUNDOBAIDS CODE”

BURGUNDIAN CODE

- it was revised by KING SIGISMUND

BURGUNDIAN CODE

-it is the redress that the State takes against an offending member of society that usually involved pain and suffering

PUNISHMENT

-it is also the penalty imposed on an offender for a crime or wrong doing

PUNISHMENT

PURPOSES OR JUSTIFICATION OF PUNISHMENT

RETRIBUTION EXPIATION OR ATONEMENT DETERRENCE PROTECTION/ INCAPACITATION REFORMATION/ REHABILITATION

-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. Offender should be punished because they deserve it.

RETRIBUTION

- punishment of an offender was carried out in the forms of personal vengeance

RETRIBUTION

- it is where punishment is exacted publicly for the purpose of appeasing the social group.

EXPIATION OR ATONEMENT

-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

- 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

-punishment is imposed to warn potential offender that they can afford to do what the offender has done

DETERRENCE

-the public is protected if the offender has been held in conditions where he cannot harm others especially the public

PROTECTION/ INCAPACITATION

- by placing offenders in prison society that is protected from the further criminal and depredation of criminals.

PROTECTION/ INCAPACITATION

-it is the establishment of the usefulness and responsibility of the offender

REFORMATION/ REHABILITATION

- society's interest can be best served by helping the prisoner requiring him to undergo an intensive program of rehabilitation.

REFORMATION/ REHABILITATION

-is death by means of burning at stake, beheading broken on the wheels, garrotting and other forms of medieval executions. Broken on the wheel, crucifixion, stoning and etc

CAPITAL PUNISHMENT

☆traditional form of execution to girls/women who is found guilty as a witchcraft (mangkukulam)

BURNING AT STAKE

☆ method execution whereby the person is being dropped or suspended by a rope around his next resulting to Death form severing of the spiral zone

DEATH BY HANGING

☆ The Former Iraq ruler was hanged for the Murder killing of 148 people of Al Dujail in IRAQ

SADDAM HUSSEIN

-strangulation by a tightened iron collar

DEATH BY GARROTING (garrote)

☆ prinicipal device used in Capital Punishment in Spain

DEATH BY GARROTING (garrote)

☆ offender is tied to a wooden stick with a loop section of rope place on his neck and was twisted by the Executioner

DEATH BY GARROTING (garrote)

☆ method of capital punishment where group of persons throws stones at the offender until the subject dies

DEATH BY STONING/ LAPIDATION

☆ method of capital punishment in which the victim/offender is tied into the large wooden cross

DEATH BY CRUCIFIXION

☆ method of capital punishment whereby the offender is cut into four pieces by being tied to the horse

DEATH BY QUARTERING

-are those physical torture by means of mutilation, whipping or flogging, stocks, furca, stoning and branding

CORPORAL PUNISHMENT

☆restraining your feet devices that was used for Corporal Punishment ☆ placing boards around the ankles and wrist

STOCKS

-has been the common physical punishment through the ages

FLOGGING/WHIPPING

-it is common in ENGLAND during the Middle ages as chastisement for a wide variety of crimes; the women were flogged in private while men were whipped publicly

FLOGGING/WHIPPING

whips from simple leather straps or willow branches to heavy, complicated instruments designed to inflict a maximum of pain

FLOGGING/WHIPPING

-traditional form of whip consisting nine knotted cords fastened to a wooden handle

CAT- O- NINE TAILS

CAT got its name from the marks it left on the body which were like the scratches of a cat

CAT- O- NINE TAILS

-is the cruel form of whip, their knout was made of leather strips fitted with fish hook

RUSSIAN KNOUT

-when the prisoner was whipped, the hooks would dig into the body, ripping away the proverbial “pound of flesh” with each stroke

RUSSIAN KNOUT

- a thorough whipping with the knout could result in Death from blood loss -this kind of punishment survived into the 20th century

RUSSIAN KNOUT

-v shaped yolk worn around the neck and where the outstretched arms of convict were tied to

FURCA

-early punishment were considered synonymous with slavery, those punished even had their “head shaved” indicating the mark of the slave

POLO Y SERVICIO/ FORCED LABOR

-extensive use in Roman days, the offenders property was confiscated in the name of the State and that his wife was declared a widow, meaning that she is eligible to remarry. To the society, the criminal effect is DEAD

PENAL SERVITUDE/ CIVIL DEATH

-they will perform hand labor in the great public works, working in the mines or galleys or building the public works planned by the government and collecting human waste from door to door

PENAL SERVITUDE/ CIVIL DEATH

☆ birth into the skin of a person where the intention is to put a scar permanently

BRANDING/ TATTOOING

-was another type of corporal punishment use in Ancient and Medieval Societies

MUTILATION

-Archeological societies evidence shows that PHAROAH’S of Ancient Egypt or their representative often ordered and it is According to the Law of Retaliation

MUTILATION

- is the sending or putting away of an offender

BANISHMENT/ EXILE

-a criminal could avoid punishment by claiming refugee in a church for a period of 40 days at the end of which time he has compelled to leave the realm by a road or path assigned to him.

13TH CENTURY/ SECURING SANCTUARY

- Tortures as a form of punishment became prevalent.

1468 (England)

-Transportation was abandoned in

1835

- Transportation of criminals in England was authorized. - At the end of the 16th c, Russia and other European countries followed this system. It partially relieved overcrowding of prisons.

16th Century

-Death penalty became prevalent as a form of punishment.

17th Century to Late 18th Century

DR. JOSE RIZAL was executed by Firing squad due to his strong opposition to the Spanish government during

DECEMBER 30,1896

– First Filipino executed by Death Penalty by little injection -found guilty for raping her daughter

LEO ECHEGARAY

Death Penalty was abolished on ____ due to the administration of GLORIA MACAPAGAL ARROYO

JUNE 6, 2006

-referring now to “jails”

GAOLS

-pretrial detention facilities operated by English sheriff.

GAOLS

– they are managed and controlled by the provincial government.

Provincial Jails

-long, low, narrow, single decked ships propelled by sails, usually rowed by criminals.

GALLEYS

-A type of ship used for transportation of criminals in the sixteenth century.

GALLEYS

-decrepit transport, former warship used to house prisoners in the eighteenth and nineteenth century.

HULKS

- These were abandoned warships converted into prisons as means of relieving congestion of prisoners. -They were also called “Floating hells”

HULKS

CHAP 2 Flashcards

(93 cards)