Penology Flashcards
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
“POENA” which means
Pain or Suffering
Penology is otherwise known as?
Penal Science
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
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
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
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
Refers to the manner or practice of managing or controlling places of confinement as in jails or prisons.
PENAL MANAGEMENT
A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders.
CORRECTION
deals with jails, prisons, and colonies where a convict is going to serve his sentence.
Institutional Corrections
deals with service of sentence of a convict outside an institution. It is also known as a community-based treatment.
Non-Institutional Corrections
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
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
weakest pillar
Correction
Five Pillars of PCJS
Law Enforcement
Prosecution
Court
correction
community
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
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
Crimes, violence, rebellious acts, and other acts, which are expressly prohibited by the society fall as?
forbidden acts
History shows that there are three main legal systems in the world, which has been accepted to and
adopted by all countries aside from those that produced them.
EARLY CODES
the most lasting and the most prevailing influence in early codes?
Roman
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 (2100-2050 BCE)
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 (1930 BC)
a more popular version the Sumerian law which chronicles the rights of citizens, marriages, successions, property rights and penalties.
Code of Lipit-Isthar (ca 1860 BC)
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
“lex taliones” which means
an eye for an eye and tooth for a tooth,
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
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. It is also a collection of legal principles engraved on metal tablets and set up on the forum.
The Twelve Tables (XII Tabulae), (451-450 B.C)
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
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 (530 BC)
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. The text continues “And afterward he read
all the words of the law, the blessings and cursings, according to all that is written in the book of the
law.” (Joshua 8:34).
MOSAIC CODE
A.K.A Lex Gundobada, Gundobads code, Gundobalds code
BURGUNDIAN CODE