part 5 Flashcards by Czarina Domingo

The study of punishment for crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders.

PENOLOGY

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Penology is derived from the Latin word ____ which means____

POENA ; Pain or Suffering.

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Penology is otherwise known as

Penal Science

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It is actually a division of criminology that deals with prison management and the treatment of offenders and concerned itself with the philosophy and practice of society in its effort to repress criminal activities.

PENOLOGY

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it maintains the “doctrine of psychological hedonism” or “free will”. That the individual calculates pleasures and pains in advance of action and regulates his conduct by the result of his calculations.

The Classical School

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it maintained that while the classical doctrine is correct in general, it should be modified in certain details. Since children and lunatics cannot calculate the differences of pleasures from pain, they should not be regarded as criminals; hence they should be free from punishment.

The Neo-Classical School

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the school that denied individual responsibility and reflected non- punitive reactions to crime and criminality. It adheres that crimes, as any other act, is natural phenomenon. Criminals are considered as sick individuals who need to be treated treatment programs rather than punitive action against them.

The positivist/Italian School

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Refers to the manner or practice of managing or controlling places of confinement as in jails or prisons.

PENAL MANAGEMENT

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A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders.

CORRECTION

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deals with jails, prisons, and colonies where a convict is going to serve his sentence.

Institutional Corrections

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deals with service of sentence of a convict outside an institution. It is also known as a community-based treatment.

Non - Institutional Corrections

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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.

CORRECTIONAL ADMINISTRATION

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is the machinery of any government in the control and prevention of crimes and criminality.

Criminal Justice System

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Crimes, violence, rebellious acts, and other acts, which are expressly prohibited by the society fall as

forbidden acts

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

Accepted acts

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are anything approved by the majority which is believed to be beneficial to the common good. These things include marrying; having children, crop production, growing food, etc…

Encourage acts

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has offered the most adequate basic concepts which sharply define, in concise and inconsistent terminology, mature rules in a complete system, logical and firm, tempered with high sense of equity.

Roman law

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Oldest Code known to man institutes fines of monetary compensation for bodily damage, as opposed to the later lex talionis (‘eye for an eye) principle of Babylonian law; however, murder, robbery, adultery and rape were capital offenses. Provides the first caste system

Code of Ur- Nammu

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a Sumerian code which forbid accepting money or objects “from the hands of a slave” or making loans

Code of Eshunna

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a more popular version the Sumerian law which chronicles the rights of citizens, marriages, successions, property rights and penalties.

Code of Lipit-Isthar

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credited as the oldest code prescribing savage punishment, based on the principle of Retaliation or “lex taliones” which means an eye for an eye and tooth for a tooth

Code of king Hammurabi

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an effort to match a desirable amount of punishment to all possible crimes.

Justinian Code

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represented the earliest codification of Roman law incorporated into the Justinian code. It is the formulation of all public and private law of the Romans until the time of Justinian.

The Twelve Tables

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It is also a collection of legal principles engraved on metal tablets and set up on the forum.

The Twelve Tables

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a harsh code that provides the same punishment for both citizens and the slaves as it incorporate primitive concepts

GREEK CODE OF DRACO

This law repealed Draco's laws and allowed capital punishment only for a limited number of serious offenses, such as murder or military or political offenses against the state. 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

is a biblical term first found in the Book of Joshua 8:31-32

Law of Moses

where Joshua writes the words of "The Law of Moses" on the altar at

Mount Ebal

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 | aka Lex Gundobada, Gundobads code, Gundobalds code

were advocated by Christian philosophers who recognizes the need for justice. proponents?

SECULAR LAW; St. Augustine and St. Thomas Aquinas.

The canonical courts refuse to recognize State courts and allowed jurisdiction over crimes of heresy, blasphemy, and witchcraft.

JUDEAN - CHRISTIAN THEORY

It is the redress that the state takes against an offending member of society that usually involved pain and suffering.

PUNISHMENT

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 because they deserve it.

RETRIBUTION

punishment in the form of group vengeance where the purpose is to appease the offended public or group.

EXPIATION OR ATONEMENT

punishment gives lesson to offender by showing to others what would happen to them if they violate the law. Punishment is imposed to warn potential offenders 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. Punishment is effected by placing offenders in prison so that society is ensured from further criminal depredations of criminals.

INCAPACITATION AND PROTECTION

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

REFORMATION OR REHABILATATION

is death by means of burning at stake, beheading broken on the wheel, garroting (strangulation by a tightened iron collar), and other forms of medieval executions.

CAPITAL PUNISHMENT

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

Corporal punishments

a prisoner in a standing position with the head and hands locked in place. Both devices exposed the prisoner to public scorn. And while confined in place, prisoners were frequently pelted with eggs and rotten fruit.

PILLORY

has been the most 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

FLOGGING/WHIPPING

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

Cat-o'-nine-tails

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

RUSSIAN KNOUT

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

FURCA

The early punishment were considered synonymous with slavery, those punished even had their "heads shaved" indicating the mark of the slave.

Polo y Servicio

extensive use in Roman days, the offender’s property was confiscated in the name of the state and that his wife was declared a widow, meaning she is eligible to remarry. To society the criminal in effect "dead".

PENAL SERVITUDE/CIVIL DEATH

another type of corporal punishment use in ancient and medieval societies.

MUTILATION

the sending or putting away of an offender.

BANISHMENT OR EXILE

in which the victims family or tribe took revenge on the offenders family or tribe.

BLOOD FEUDS

The practice of retaliation usually begins to develop into a system of criminal law when it becomes customary for the victims of the wrongdoing to accept money or property

VENGEANCE

First punishment imposed by society, and it heralded the beginning of criminal law as we know it. As tribal leaders, elders & kings, came into power they began to exert their authority on the negotiations.

OUTLAWRY OR EXILE

As the form of proving the guilt or innocent they will use it. it is the way to determined by subjecting the accused to dangerous or painful test in the belief that the innocent would emerge unscathed, whereas the guilt would suffer agonies and die.

Ordeal

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 of criminals in England was authorized.

16th Century

Death penalty became prevalent as a form of punishment.

17th Century to Late 18th Century

Pretrial detention facilities operated by English sheriff.

GAOLS (Jails)

Long, low, narrow, single decked ships propelled by sails, usually rowed. by criminals. 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. These were abandoned warships converted into prisons as means of relieving congestion of prisoners. They were also called...

HULKS ; Floating hells"

putting the offender in prison for the purpose of protecting the public against criminal activities and at the same time rehabilitating the prisoners by requiring them to undergo institutional treatment programs.

IMPRISONMENT

a conditional release of a prisoner after serving part of his/her sentence in prison for the purpose of gradually re-introducing him/her to free life under the guidance and supervision of a parole officer.

PAROLE

a disposition whereby defendant after conviction of an offense, the penalty of which does not exceed six years imprisonment, is released subject to the conditions imposed by the releasing court

PROBATION

an amount given as a compensation for a criminal act.

FINE

the penalty of banishing a person from the place where he committed a crime, prohibiting him to get near a center the 25-kilometer perimeter.

DESTIERRO

is a century of change

18th century

It is the period of recognizing human dignity. It is the movement of reformation, the period of introduction of certain reforms in the correctional fields of a certain person, gradually the old philosophy of punishment to a more humane treatment of prisoners with innovational programs.

18th century

part 5 Flashcards

(67 cards)