PENOLOGY Flashcards by Claire Aclan

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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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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The term is derived from the Latin word “POENA” which means

Pain or Suffering

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Penology is otherwise known as

Penal Science

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The Classical School

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Penology is otherwise known as

Penal Science

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Give the three primary schools of penology.

➢ The Classical School
➢ The Neo-Classical School
➢ The positivist/Italian School

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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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The term is derived from the Latin word “POENA” which means

Pain or Suffering

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the school that denied individual responsibility and reflected nonpunitive reactions to crime and criminality. 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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Crimes, violence, rebellious acts, and other acts, which are expressly prohibited by the society fall as ________________.

forbidden acts

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two classifications of corrections

➢ Institutional Corrections
➢ Non - 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. It is composed of the pillars of justice such as: the Law Enforcement pillar (Police), the Prosecution pillar, the Court pillar, the correction pillar, and the community pillar.

Criminal Justice System

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considered as the weakest pillar.

Correction

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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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Give the three primary schools of penology.

➢ The Classical School
➢ The Neo-Classical School
➢ The positivist/Italian School

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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

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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.

Solon’s Law (530 BC)

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

Institutional Corrections

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a Sumerian code which forbid accepting money or objects "from the hands of a slave" or making loans (that is, any transactions with a slave). Moneylenders are likewise forbidden from taking hostages, whether free men or slaves.

Code of Eshunna

a harsh code that provides the same punishment for both citizens and the slaves as it incorporate primitive concepts (Vengeance, Blood Feuds).

GREEK CODE OF DRACO

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 and tooth for a tooth, but in fact, Sumerian codes were nearly one hundred years older.

Code of king Hammurabi (Code of Hammurabi)

Emperor Justinian of Rome wrote his code of law, an effort to match a desirable amount of punishment to all possible crimes. However, the law did not survived due to the fall of the Roman Empire but left a foundation of Western legal code

Justinian Code

A law advocated by Christian philosophers who recognizes the need for justice.

SECULAR LAW

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

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

Code of Lipit-Isthar

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 (XII Tabulae)

what are the three main legal systems in the world.

✓ Roman ✓ Mohammedan or Arabic and; ✓ Anglo-American laws.

FORMS OF CAPITAL PUNISHMENT

a. Burning at Stake b. Death by Hanging c. Death by Garroting d. Death by Stoning e. Death by Drowning f. Death by Crucifixion g. Death by Quartering h. Death by Flaying i. Death by Boiling j. Death by Spanish Donkey k. Death by Brazen Bull l. Death by Fed to Animals m. Death by Breaking the Wheel n. Death by Beheading

The Law of Moses is a biblical term first found in the Book of Joshua 8:31-32 where Joshua writes the words of "The Law of Moses" on the altar at Mount Ebal

MOSAIC CODE

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

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

EXPIATION OR ATONEMENT

A.K.A Lex Gundobada, Gundobads code, Gundobalds code

BURGUNDIAN CODE (500 A.D)

The Three laws under secular law were distinguished:

✓ External law (Lex Externa) ✓ Natural law (Lex Naturalis) ✓ Human law (Lex Humana)

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

INCAPACITATION AND PROTECTION

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

JUDEAN - CHRISTIAN THEORY

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

Cat - o' - nine tails

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

it is the establishment of the usefulness and responsibility of the offender. Society's interest can be better served by helping the prisoner to become law abiding citizen and productive upon his return to the community by requiring him to undergo intensive program of rehabilitation in prison.

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

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

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

CORPORAL PUNISHMENTS

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

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

RUSSIAN KNOUT

this has been the most common physical punishment through the ages. The Mosaic code, for example authorized flogging and the Roman law specified flogging as a punishment for certain forms of theft.

FLOGGING/WHIPPING

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

Polo y Servicio

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

_________ is the sending or putting away of an offender.

BANISHMENT OR EXILE

Punishment of the individual in the name of the state also included the concept of superstitious revenge.

CRIME AND SIN

The practice of personal retaliation was later augmented by the blood feud, in which the victims family or tribe took revenge on the offenders family or tribe.

BLOOD FEUDS

Death penalty became prevalent as a form of punishment.

17th Century to Late 18th Century

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

FURCA

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 in place of blood vengeance.

VENGEANCE

As the form of proving the guilt or innocent they will use the trials by ordeal 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

Tortures as a form of punishment became prevalent

1468 (England)

Pretrial detention facilities operated by English sheriff.

GAOLS (Jails)

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 and under the supervision of a probation officer.

PROBATION

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

The century were Transportation of criminals in England was authorized.

16th Century

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

HULKS

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

an amount given as a compensation for a criminal act.

FINE

18th century is a century of change. It is the period of recognizing human dignity. It is the movement of reformation.

AGE OF ENLIGHTENMENT

PENOLOGY Flashcards

(69 cards)