Penology Flashcards by Joan Baludbod

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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“POENA” which means

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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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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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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weakest pillar

Correction

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Five Pillars of PCJS

Law Enforcement
Prosecution
Court
correction
community

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

forbidden acts

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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

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the most lasting and the most prevailing influence in early codes?

Roman

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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 (2100-2050 BCE)

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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 (1930 BC)

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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 (ca 1860 BC)

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

Code of king Hammurabi

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"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

It was revised by king Sigismund

BURGUNDIAN CODE

advocated by Christian philosophers who recognizes the need for justice. Some of the proponents these laws were St. Augustine and St. Thomas Aquinas.

SECULAR LAW

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

It is also the penalty imposed on an offender for a crime or wrongdoing.

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. 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

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. The Mosaic code, for example authorized flogging and the Roman law specified flogging as a punishment for certain forms of theft.

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

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

Cat-o'-nine tails

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

CAT

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

RUSSIAN KNOUT

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

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

In forced labor 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

A type of corporal punishment use in ancient and medieval societies. Archeological evidence shows that Pharaohs of ancient Egypt, or their representative often ordered mutilation and it is according to the law of retaliation.

MUTILATION

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

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

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

The social structure and the growing influence of the church on everyday life resulted in a divided system of justice. Reformation was viewed as a process of religious, not secular, redemption. The sinner had to pay two debts, one to society and another to God.

MIDDLE AGES

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

In the 13th century, 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.

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 "Floating hells"

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

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

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

18th century is a century of change. 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.

AGE OF ENLIGHTENMENT

The machinery of any government in the control and prevention of crimes and criminality

CRIMINAL JUSTICE SYSTEM

The first society to allow any citizens to prosecute the offender in the name of the injured party

THE GREEKS

Specified punishment according to the social class of offenders, dividing them into: noble, middle class,and lower class and specifying the value of the life of each person according to the social status

BURGUNDIAN CODE

The custom of atonement for wrongs against a victim by payment to appease the victim's family. -Known as Wergeld in Europe -Still in effect in many Middle Eastern and Far Eastern countries -Amount of payment based on the injured person's rank and position in a social group

LEX SALICA