CHAP 1 Flashcards
-is where the convicted person is going to serve their sentence inside the institution (jail, prison and colonies)
INSTITUTIONAL CORRECTION
-is where the convicted person is going to serve their sentence outside the institution
NON- INSTITUTIONAL CORRECTION
☆ a.k.a “Community based treatment”
NON- INSTITUTIONAL CORRECTION
This was by the virtue of the Commission on Higher Education/ CHED Memorandum Order No. 21, Series 5
NON- INSTITUTIONAL CORRECTION
-refers to the system used by government to maintain social control, prevents crime, enforce the laws and administer justice
CRIMINAL JUSTICE SYSTEM (CJS)
5 PILLARS OF THE CRIMINAL JUSTICE SYSTEM
- LAW ENFORCEMENT
- PROSECUTION
- COURT
- CORRECTION
- COMMUNITY
consist mainly of the personnel or officers of the PNP, NBI, PDEA, Anti-money laundering council, AFP and other related agencies
LAW ENFORCEMENT
a.k.a “Core front, Initiator, Frontline defender, Prime mover”
LAW ENFORCEMENT
☆ 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
PROSECUTION
☆ composed of the city, provincial, regional state prosecutors and they are the prosecutors of the Ombudsman
PROSECUTION
☆ their principle task is the investigation of criminal complaint or complaints emanating the community and the law enforcement agencies
PROSECUTION
☆ they conduct Preliminary Investigation of cases filed in the Prosecutor’s Office to determine the existence of the probable cause
PROSECUTION
Quantum of evidence required to conduct Preliminary Investigation is
Probable Cause
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
PROBABLE CAUSE
Prosecutors or Fiscals are the evaluator of the Police findings, they are called as the
Lawyers of the State
☆ they adjudicate cases and render judgment
COURT
☆ 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
COURT
☆ a.k.a. “Corner stone, Arbiter of Justice, Center piece, Dispense of Justice”
COURT
☆classified into two: Institutional and Non-institutional Corrections
CORRECTION
❀ 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
CORRECTION
☆ it is not limited to persons only, includes the home, church, family, government and community
COMMUNITY
☆ a.k.a “Core and Base pillar of CJS”
COMMUNITY
☆ 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
COMMUNITY
- 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.
CORRECTION
- 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
of Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders
CORRECTION AS A PILLAR
☆ 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
-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
THEORIES IN CORRECTION
- CLASSICAL THEORY
- NEO-CLASSICAL THEORY
- POSITIVIST THEORY
- ECLECTIC THEORY
☆ 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
☆ a.k.a “Freewill theory” that was advocated by Cesare Beccaria
CLASSICAL THEORY
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
☆ 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
– Father of Classical Theory
CESARE BECCARIA
- Father of Modern Criminology and important person
CESARE LOMBROSO
- ability of individual to make decisions freely
Freewill
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
they use punishment to deter people from committing crime, the purpose of punishment is RETRIBUTION
CLASSICAL THEORY
(act of vengeance or revenge)
RETRIBUTION
ARGUMENTS IN CLASSICAL THEORY
- UNFAIR
- UNJUST
- THE NATURE AND DEFINITIONS OF PUNISHMENT IS NOT INDIVIDUALIZED
- IT FOCUS ON THE CRIME ITSELF, NOT ON THE CRIMINAL
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NEO
☆ 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
☆ 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
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
☆ states that criminals shall be treated like patients in the hospitals, instead of punishing them.
POSITIVIST THEORY
☆ a.k.a “Italian Theory” bc it composes Italian makers who is Cesare Lombroso
POSITIVIST THEORY
☆ they believe that criminals should be rehabilitated and reform instead of punishing them
☆ the purpose of their punishment is Reformation/ Rehabilitate
POSITIVIST THEORY
- he believe that it is the nurture of the person, not the nature
ENRICO FERRI
- he believe that if you are lacking probity (dishonesty) and pity (walang awa), you will commit crime
RAFFAELLE/ RAFFAELE GAROFALO
- the combination of beneficial aspects classical, neo-classical and positivist theories.
ECLECTIC THEORY
☆ a.k.a “Mixed Theory”
ECLECTIC THEORY
The Revised Penal Code of the Philippines is governed by
Eclectic/Mixed Theory
-It is a term derived from the Latin word “POENA” which means pain or suffering
PENOLOGY
-is a division of Criminology and focuses the study of punishment for crime and or of criminal offenders
PENOLOGY
☆ influenced by the Classical theory, their purpose is Retribution (act of vengeance/ revenge), the cornerstone is Discipline
PENOLOGY
- Otherwise known as the “Penal Science”
PENOLOGY
- it is the infliction of some sort of pain on the offender for violating the law
PUNISHMENT
-a means of social control
PUNISHMENT
- the study of the management of prisons, reformatories and any other confinements units.
PENAL SCIENCE
-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
- persons convicted by final judgment
Criminals
– are those persons undergoing investigation, awaiting or undergoing trial or those who are awaiting for final judgement.
Detainees
-refers to the manner or practice of managing or controlling places of confinement.
PENAL MANAGEMENT
ANCIENT FORMS OF PUNISHMENT
- DEATH PENALTY
- Physical Torture
- SOCIAL DEGRADATION
- BANISHMENT
- 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
prevalent during the 17th and 18th century, it is the Capital Punishment
DEATH PENALTY
- Filipino that was sentenced to Death Penalty by the Firing squad
DR. JOSE RIZAL
- Filipino that was sentenced to Death Penalty by little injection
LEO ECHEGARAY
- a.k.a “decapitation”
DEATH BY BEHEADING
- 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
- a.k.a “skinny”
DEATH BY FLAYING
- 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
☆ The most common physical punishment through the ages
FLOGGING OR WHIPPING
- 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
- 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
☆ a.k.a “Corporal Punishment”
Physical Torture
-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
☆ 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
☆ Iran and Saudi Arabia are using this type of punishment
MUTILATION
- the purpose of this was to put the offender into shame or humiliation.
SOCIAL DEGRADATION
- 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
-in England they abolish Pillory in
1834
-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
- It is also known as exile
BANISHMENT
CONTEMPORARY FORMS OF PUNISHMENT
- IMPRISONMENT
- PROBATION
- PAROLE
- FINE
- DESTIERRO
- putting offenders in a prison for the purpose of protecting the public
IMPRISONMENT
- 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
when your application is granted in probation, you will be released to community instead in prison but there are
mandatory and discretionary conditions
Probation Law
Presidential Decree 968
grants the Probation
Court
person applying for probation
PROBATIONER
officer in probation
PROBATION OFFICER
-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
who grants Parole
Board of Pardon and Parole
– 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
an amount given as compensation for a criminal act
FINE
JUSTIFICATIONS OF PUNISHMENT
- RETRIBUTION
- EXPIATION OR ATONEMENT
- DETERRENCE
- PROTECTION/ INCAPACITATION
- REFORMATION/ REHABILITATION
- 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
-to prevent someone to do something; to discourage someone by the use of punishment
DETERRENCE
-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
☆ 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
☆ 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
- 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
- by placing offenders in prison society that is protected from the further criminal and depredation of criminals.
PROTECTION/ INCAPACITATION
- people believe that by putting or placing the offender in prison society is protected from his further criminal depredation
PROTECTION/ INCAPACITATION
☆ the accused and dangerous criminals are made to serve long terms of imprisonment to protect the public from harm or dangerous behavior.
PROTECTION/ INCAPACITATION
- society’s interest can be best served by helping the prisoner requiring him to undergo an intensive program of rehabilitation.
REFORMATION/ REHABILITATION
- person has been arrested for the commission of a crime and he is in the Law Enforcement Stage
SUSPECT
- combination of the related elements that functioning as a whole
SYSTEM
- Prosecution Stage
RESPONDENT
- in the Court
ACCUSED
- in the Correction Stage
CRIMINAL/ CONVICT
- when he goes back to the community
EX-CONVICT
HOLY THREE IN CRIMINOLOGY
CESARE LOMBROSO
RAFFAELLE/ RAFFAELE GAROFALO
ENRICO FERRI
