CA 1 REVIEWER

(Start of Module 1)
Retributive Theory

 Derived from the code of Hammurabi lex talionis

 To prevent the criminals from attempting any crime or repeating the same crime in future
 Utilitarian in nature
3 Components of deterrent theory
Severity- it indicates the degree of punishment, encourage to obey law, the punishment not
severe enough
Certainty- it means making sure that punishment must happen whenever a criminal act is
committed.
Celerity- the punishment for any crime must be swift in order to deter crime.
Reformative Theory of Punishment
 Object of discipline ought to be the change of the crook
 “punishment the purpose of which change the character pf the offender”
 Focused on the criminal than crime.
Utilitarian theory of Punishment
 Tries to rebuff guilty parties to debilitate “hinder” the future.
 Comprehend the wrongdoing free society.

Plato- claimed that a major reason of why people commit crimes was because of a lack of
education and wealth
Aristotle- he believed that when criminals receive punishment it should be severe enough
The Romans- the first people to look at crime and punishment as a purely human trait (doing
God’s work)
St. Thomas Aquinas – he wrote “Summa Theologica” a treatise on law, crime and punishment.
He explained that there was a God-given “natural law”.
Cesare Beccaria- wrote “on crime and punishment” he stated that punishment should match
the severity of crime scare from others committing crimes.
Trial by Ordeal- the ancient way of determining ones guilt
Ordeal by Living- the accused would pray to the water.
Trial by Combat- this happen in Medieval Europe, whenever two people have disagreement .
Cold water witch trials- when a woman was accused of being a witch is all about woman
accused.
Trial by Touch- Jewish tradition, when a murder suspect was captured they were brought to
the body or person.
Ordeal by Boiling water- when a man was accused of serious crime he was required to fast
on only water
Ordeal Bean- like magical plant put on Earth by god to help human, the person was innocence
if they die means they were guilty.
Ordeal by Host- if a priest was accused of a crime during medieval times he could prove his
innocence by going up to the altar and praying out loud.
The Sassywood Ordeal- american trial, given a poisonous drink made from bark of sassywood
of tree.
Middle Ages and Christianity
 Crimes were considered to be acts against God and punishment is God’s Work
 The punishment is still cruel
 “trial by ordeal” person would be put into a life- threatening situation.

Corrections- is a branch of CJS, concerned with the custody, supervision and rehabilitation of
criminal offenders.
Penology
 Derived from the Latin word “poena” which means pain or suffering
 It is study of punishment formed from crime or of criminal offenders
 Division of criminology that deals with prison management, treatment etc.
Punishment (legal sense)- individual redress or personal revenge,
Punishment (general sense)- it is the infliction of some sort of pain on the offender for violating
the law
Penalty- the suffering that is inflicted by the state for transgression of the law
4 Ancient Forms of Punishment
Death Penalty- this was done by means of burning, boiling in oil, breaking at the wheel,
drowning and whipping
Physical Torture- this was so called corporal punishment which was affected by mutilation,
maiming and whipping
Social Degradation- put the offender to shame or humiliation
Banishment- putting the offender away from his/her place
5 Contemporary Forms of Punishment
Imprisonment- putting the offender in prison for the purpose of protecting the public and at the
same time rehabilitating them by acquiring the latter.
Parole- it is a conditional release after the prisoner has serve part of his sentence in prison
under the guidance and supervision of parole officer.
Probation- it is a procedure under which is a defendant found a guilty of crime release by the
court. The penalty not exceed 6 years imprisonment.
Fine- an amount given as a compensation for a criminal act.
Destierro- the penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25 km radius.
5 Justification of Punishment
Retribution- its is personal vengeance and an “eye for an eye, a tooth for a tooth”
Expiation or Atonement- distinguish from retribution where punishment is exacted publicly for
the purpose appeasing the social group also known as “group vengeance”
Deterrence or Exemplarity- punishment gives lesson to the offender by showing to other what
would happen to them if they violate the law.
Protection- by placing the offenders in prison the society is protected from further criminal
depredation
Reformation- society interest can be better served by helping the prisoners become law
abiding citizen and productive.
Evolution of Correction
Code of Hammurabi (1750 BC)- the first formal law dealing with the concept of justice as Lex
Taliones “an eye for an eye, and tooth for a tooth”
Mosaic Law- allowed extreme punishment such as flogging or burning alive.
Justinian Code- this law became standard law in all areas of roman. This code was a revision
of the twelve tables of Roman law.

Burgundian Code- introduced the concept of restitution, but punishment was meted according
to the social class of the offenders.
Greek Code of Draco- a harsh code that provide the same punishment for both citizen and
slaves
Galley- 14th century to 19th century galley slavery was imposed as punishment. Convicted
criminals were chained to their oars in the ship of galley where they stay for the duration.
Hulks- prison ship, abandoned or unusable transport ships, which were converted into prison as
means of relieving prison.
Gaols- hard for the poor prisoner but not for those who were wealthy . Prisoners have to pay
accommodation.
Bridewell Institution- this was established as a workplace. This is the most popular workhouse
in London.
3 Institutional built in the State of Pennsylvania
Walnut Street Jail (1870)- first American penitentiary in Philadelphia. Where the separate,
silent penitentiary philosophy of John Howard was introduced.
The Western Penitentiary (1826)
The Eastern Penitentiary (1830)
Main State Prison- early roman place of confinement. Prisoners worked in the mines during
day then their ankles. Detain offenders where they will be starved to death.
Sing Sing Prison- the force of icy cold water hitting the head of the offender caused so much
pain and extreme shock.
2 Rival Prison of System in Early History of Imprisonment
Auburn Prison (1819)- among its features were the confinement of the prisoners in a single
cells at night and congregate work in shops during the day. Complete silence was enforced.
Pennsylvania Prison (1829)- it features consisted in solitary confinement.” Sentenced to
Solitary Confinement at Hard Labor”
Manuel Montesinos- director of prison of Valencia Spain in 1935. He divided prisoners into
companies and appointed one prisoners as petty officer. 20 years of age/
Alexander Maconochie- introduced a progressive humane system to substitute for corporal
punishment this is equivalent to parole.
Domets of France- established agricultural colony for delinquent boys in 1839. This system
was based on re-education rather than force.
Sir Walter Crofton- chairman of the directors Irish prison.1856 he introduced that.
Z.R. Brockway- institutional program for boys from 16-30 years old.
DILG- under the BJMP and Penology.
DSWD- under this is Juvenile and Justice Welfare Council which oversees the rehabilitation of
young offenders.

DOJ- under this are BoC , Parole and Probation Administration and the Board of Pardons.
Board of Pardons and Parole- the convicted by the courts to serve sentences of three years.
4 Major Program of BJMP
 PDL custody, security and control program
 PDL welfare and development program
 Decongestion
 Good governance
Core Programs
Provision of Basic Needs- provided with three meal
Health Services- consist of interventions towards the prevention, promotion etc.
Educational Program- aims to provide opportunities for PDL to achieve mandatory education.
Skills training- to equip the PDL with technical/ vocational skills.
Livelihood Program- presents income generating activities to PDL during their confinement.
Interfaith Program- provide the opportunity to practice their faith while PDL custody without
discrimination.
Cultural and Sports Program- aims to promote camaraderie among PDL, encourage the
development.
Paralegal Program- aims to address the overcrowding in jail activities.
E-Dalaw- is an alternative to the traditional f2f visitation between PDL and respective families.
Human Rights Desk- (24 hours)to receive complaints concerning human rights violation.
Help Desk- providing timely and speed, PDL and visitor can lodge their for assistance
concerning personal needs.
Jail- a place of confinement for inmates under investigation .
Prison- refers to national prison and penal establishment under BoC.
Prisoner- inmate who is convicted by final judgement
Detainee- inmate who is undergoing investigation/ trial or awaiting final judgement.
Classification of Prisoners
Insular Prisoner- who sentenced for 3 years and 1 day
Provincial Prisoner- 6 months and 1 day to 3 years.
City Prisoner- 1 day to 3 years
Municipal Prisoner- 1 day to 6 months.
Classification of Detainee
a) Undergoing investigation
b) Awaiting trial
c) Awaiting final judgement
Subversive Group- a group that adopts or advocates subversive principles.
Terrorist Group- commit the, piracy and mutiny
Violent Extremist Offender(VEO)- whose political or religious ideologies are considered far
outside the mainstream.
Medium Risk Inmates- represent a moderate risk to the public and staff.
Minimum Risk- who have lesser tendencies to commit offenses.
Gater- he/she checks the credential of person bringing the inmate/ the committing officer.

Accessory Penalties (act 3815)

1. Perpetual or temporary absolute disqualification.

2. Perpetual or temporary special disqualification.

3. Suspension from public office, the right to vote and be voted for, the profession or calling.

4. Civil interdiction,

5. Indemnification,

6. Forfeiture or confiscation of instruments and proceeds of the offense,

7. Payment of costs.

12 hours- for crimes light penalties

18 hours- correctional penalties

36 hours – capital penalties.

Act 9285

Sec 7. Scope- voluntary mediation