CHAPTER 1

HISTORY OF PUNISHMENT
Introduction
Many policies introduced over a century ago remain unquestioned today. Reliance on
imprisonment as the main form of punishment is one of these. Knowing where and why these
practices began can help understand why the system works the way it does today. Each idea
appeared in unique social and political setting in light of both past experience and the current
situation. The main concern is how the needs of society are translated into specific practices that
create both opportunities and problems within the context of the criminal justice system, as the
anti-crime machinery of the government.
Justification for punishment include retribution, deterrence, rehabilitation, and
incapacitation. The last could include such measures as isolation, in order to prevent the
wrongdoers having contact with potential victims, or the removal of a hand in order to make
theft more difficult. This may be judged as fair or unfair in terms of their degree of reciprocity
and proportionality to the offense. It can be an integral part of socialization, and punishing
unwanted behavior is often part of a system, or behavioral modification which also includes the
imposition of punishments or rewards.
The unpleasant imposition may include a fine, penalty, or confinement, or be the removal
or denial of something pleasant or desirable. The authority may be either a group or a single
person, and punishment may be carried out formally under a system of law or informally in other
kinds of social settings. Negative consequences that are not considered as punishments. The
study and practice of the punishment of crimes, particularly as it applies to imprisonment, is
called penology, or often in modern texts, corrections.

What is Punishment?
Punishment is defined as an instrument of the public justice. This involves pain or
suffering produced by design and justified by some values that the suffering assumed to have. It
is also the imposition of something unpleasant on a person in response to behavior deemed
wrong by an individual. It is the imposition of an undesirable or unpleasant outcome upon a
group or individual, meted out by an authority, in context ranging from child discipline to
criminal law, as a response and deterrent to behavior that is deemed undesirable or unacceptable.
The reasoning may be to condition a child to void self-endangerment, to impose social
conformity, in particular, in the contexts of compulsory education or military discipline, to
defend norms, to protect against future harms, in particular, those from violent crimes, and to
maintain the law, and respect for the rule of law, under which the social group is governed.
Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the
religious settings, but is most often a form of social coercion.
In addition, the word ‘punishment’ is used as a metaphor, as when a boxer experiences
‘punishment’ during a fight. In other situations, breaking a rule may be rewarded, and so
receiving such a reward naturally does not constitute punishment. Finally, the condition of
breaking, or breaching the rules must satisfied for consequences to be considered punishment.
This differ in their degree of severity, and may include sanctions such as deprivations of
privileges or liberty, fines, incarcerations, the infliction of pain, amputation and death penalty.

Early Origins of Punishment

Early tribal societies did not recognize the idea of punishment beyond what was required
to satisfy offended gods or families. Virtually, all social control relied on religious leaders or
families. In these cultures, families were usually large, clan-like groups that exerted strict control
over their members. The welfare of the groups, not the quality of justice received by an
individual, was their main concern.
Perhaps the most well-known pre-modern historical period of punishment is in the
Middle Ages of Western Europe. This Middle Ages was a time of chaos in Europe during which
plaque, pestilence, fear, ignorance, and superstition prevailed. Throughout these dark ages, the
common citizenry, which consisted largely of peasants who could neither read nor write, showed
their faith with religious leaders, who were educated.
The use of social isolation to punish criminals began in Roman Empire during the fourth
century C.E. confinement in monasteries became alternative to death. After 529 C.E., most
European countries used some form of the Justinian Code which listed all recognized crimes and
punishment for each offense. Corporal punishment could be avoided by paying a fee to the
victim of his or her family.
Europe was rapidly urbanizing between 1500s to 1800s. The use of violence to settle
dispute was common. Punishment were inflicted in public to deter others from committing
similar acts. Hanging, floggings, and similar spectacles had been major source of public
entertainment for centuries. Punishments, especially executions were public events that drew
large crowds on the regular basis.
A new view of human nature and the role of the law and government in guiding behavior
appeared in the 1970s. This view rejected the idea that kinds had a drive right to govern others.
This new outlook rejected supernatural explanation of crime based on spirit possession and
similar ideas. Instead, the notion that law should serve the welfare of the majority became the
basis for punishment.
While one might stand at trial for changes brought by the state, it was the trial by ordeal
that emerged as the church’s equivalent to legal proceedings. The trial for ordeal consisted of
very dangerous or impossible test to use to prove the guilt or innocence of the accused. For
instance, the ordeal of hot water required that the accused thrust a hand or arm into the kettle of
boiling water.
If after three (3) days of binding the arm, the offender emerged unscathed, he or she was
considered innocent. It would be seemed that church’s response to aberrant behavior was at least
in ideology, based on the desire to save the soul of the wayward offender. Indeed, even when
person, the prevailing belief was that such burning would free their souls for redemption and
ascension to heaven.
The goal in essence was to purify the soul as it was released from the body. This was
especially true of persons who were convicted of witchcraft, and who were believed to have
consorted with evil spirits, or were believed to be possessed by evil spirits. While the church may
have a role in the imposition of punishment, it also provided some unique avenues by which the
accused might avoid unwarranted punishments.

Ancient Forms of Punishment

The different ancient form of punishment are the following:
1. Death Penalty- this is done by burning, boiling in oil, breaking at the wheel drowning,
hanging, etc. it is a legal process whereby a person is put to death by the state as a punishment
for a crime. The term ‘capital’ originates from the Latin word ‘capitalis,’ literally regarding the
head. It is a government-sanctioned practice whereby a person is put to death by the state as a
punishment for a crime. The death penalty is the ultimate cruel, inhumane and degrading
punishment. In criminal law, it is being termed as ‘capital punishment.’ Moreover, in the
contemporary society, it is considered as a “symptom of a culture of violence, not a solution to
it.”
2. Stoning to Death- the oldest form of collective punishment is stoning to death, a form of
retribution in which member of the community enthusiastically contribute to the execution. The
stone itself, like the sword and axe, had sacred meaning since it was possibly humankind’s first
weapon. Stoning, or “lapidation” is a method of capital punishment were a group of people
throws stones at a person until the subject dies from blunt trauma. It has been attested as a form
of punishment for grave misdeed since ancient times. Its adoption in some legal system has
caused controversy in recent decades. Stoning to death is attested in the Near East since ancient
times as a form of capital punishment for grave sins.
3. Physical Torture- this was the so-called corporal punishment, which was affected by
mutilation, maiming, whipping, etc. it is usually refers to the practice or act of deliberately
inflicting severe physical pain and possibly injury on a person; however, psychological, and
emotional torture also exist. Physical torture has been carried out or sanctioned by individuals,
groups, and states throughout history from ancient times to modern day, and forms of torture can
vary greatly in duration from only a few minutes to several days or longer. By definition, it is
intentional act; which knowingly inflict suffering or pain, without a specific intent to do so, are
not typically considered physical torture.
4. Social Degradation- its purpose was to put the offender to shame or humiliation. This was
affected by branding, use of ducking stool, stocks, pillory, etc. Likewise, it is the state of being
reduced in rank, character, or reputation, baseless, moral, physical, or intellectual degeneracy;
disgrace; abasement; and debasement. Historically, social degradation ceremony is the process
by which to lower a person’s social status within a group or within the society in general, for the
purposes of shaming that person for violating norms, rules, or laws, and to inflict punishment by
taking away rights and privileges, as well as access to the group or society in some cases.
5. Banishment- this is the sending or putting away of an offender which was carried out other by
a prohibition against coming into a specified territory or a prohibition against going, outside a
specified territory, such as an islands to where the offender has been removed. It was a kind of
social death. Since ancient times forcing an offender to leave his or her home either permanently
or for a fixed period of time has been used as a punishment. It is a form of legal punishment
imposed upon a defendant, or a person charged with committing a crime, that requires them to
stay out of a specified place. The practice of banishing a defendant is sometimes referred to a
exile or deportation.
6. Financial- fines and other economic penalties were sometimes used a means of imposing this
kind of punishment. A fine is money paid usually to superior authority, usually governmental
authority, as a punishment for a crime or other offenses. The amount can be determined by case,
but it is often announced in advance. Fine or mulct is money that a court of law or other authority
decides has to be paid as punishment for a crime or other offence. The amount of a fine can be
determined case by case, but it is often announced in advance. The most usual use of the term is
for financial punishments for the commission of crimes, especially minor crimes, or as the
settlement of a claim.

Emergence of Legal Punishment

The rationale behind punishment reveals the prevailing social control, are as follows:
1. Ancient Greece- Greek philosophers, reacting against the rationale of retribution as a basis of
punishment, proposed instead that the offender be reformed. Plato believed that following
imprisonment, the offender should emerge "a better man, or failing that, less of wretch," thus
affirming the notion of reform. The concept of law and guidelines to safeguard citizens in
Ancient Greece was very rustic. The punishment was divided into two types. The one cursed
upon by the Gods and the other given by mortals.
Moreover, the practice of law was not clear until 900 BCE in Ancient Greece. Then, the
slow advancement in the society developed the importance of rules and regulations. Until 620
BCE, Ancient Greece had their first known written law by Draco (600 BC-650 BC). However,
the laws created by Draco were quite harsh, due this, the Solon (560 BC-640 BC), changed all
the laws of Draco, except the law that imposes exile, as the penalty for homicide. The concept of
trial was not foreign in Ancient Greece. The trial of crimes was made by 200 male juries.
2. Ancient Rome- Unlike the ancient Greek, the ancient Romans used imprisonment for
purposes beyond detention, or incarceration itself was intended to punish offenders. Yet the
structures used for incarceration were essentially makeshift, such as, heavy cages, basements of
public buildings, and stone quarries. The "poena cullei," or penalty of the sack, or death penalty
imposed for parricide, emerged in the standard Roman criminal law because it fascinated
medieval scholars who tried to identify the symbolism of the animals.
The punishment for committing a crime in Rome was not the same for everyone. The
punishment received depends on the status. If the accused is wealthy patricians, they will receive
far less punishment to be imposed to the slave who committed the same crime. Punishment could
include beatings, lashings, exile from Rome, fines, or even death. The Romans generally did not
send people to prison for crimes, but they did have jails to hold people while their guilt or
punishment was determined any aspects of Roman laws and Constitution are still used today.
3. Middle-Ages- The middle ages refer to the period of Western European history beginning
with the fall of Roman Empire in the fifth century. During this era the Roman Catholic churches
prevailed as a dominant social force exerting influence over all the major institutions. The social
arrangement was hierarchical. Many aspects of crime and punishment had not changed since the
Middle Ages. These punishments included fines, mutation, banishment and death through
hanging and by being burned at the stake.
 The theft of food, money or low value belongings remained the most common crimes. No
police force existed and there was a continued belief that savage, terrifying corporal and capital
punishments deterred people from committing crime. However, there were also some important
changes in the period 1500-1700. In the 1680s, even minor crimes could result in execution as
punishments became even harsher. Moreover, the number of crimes carrying the imposition of
death penalty, or capital punishment, greatly increased.

Contemporary Forms of Punishment

Some of the contemporary forms of punishment, are as follows.
1. Imprisonment. From imprison, via French "emprisonner, originally from Latin word
"prensio, "prendere," or to seize. This is the process of putting offenders in an arrest, from
"prehendere, prison for the purpose of protecting the public and at the same time rehabilitating
them by undergoing institutional treatment programs. It is the restraint of a man's or woman's
liberty, whether in a man's or woman's own premises as well as in the common "gaols," meaning
jails. In criminal law, imprisonment is the specific state of being physically incarcerated or
confined in an institutional setting such as a correctional or jail facilities.
Imprisonment in other contexts is the restraint of a person's liberty. For any cause
whatsoever, whether by authority of the government, or by a person acting without such
authority. Imprisonment does not necessarily imply a place of confinement but may be exercised
by any use or display of force, lawfully or unlawfully. People become prisoners, wherever they
may be, by the mere word or touch of a duly authorized officer directed to that end. In law,
imprisonment does not include the period of probation, parole, or supervised release
2. Parole. It is defined as a procedure by which prisoners are selected for release on the basis of
individual response and progress within the correctional institution and a service by which they
are provided with necessary guidance as they serve the remainder of their sentence in the free
community. It is the early release of a prisoner who agrees to abide by certain conditions,
originating from the French word "parole," or speech, spoken words or a promise. The term
became associated during the Middle Ages with the release of prisoners who gave their word
Parole is conditional freedom of a person deprived of liberty. The person deprived of
liberty who are granted parole or a "parolee," gets out from behind bars, but has to live up to a
series of responsibilities. A parolee who does not follow the rules risks going back into custody.
Under the traditional parole system, parole is a privilege for persons deprived of liberty who
seem capable of reintegrating into society. It is not a right. Although some criminal statutes carry
a right to an eventual parole hearing, typical laws do not absolutely guarantee parole itself
3. Probation. It is a procedure under which a defendant found guilty of crime is release by the
court without imprisonment subject to the condition imposed by the court and subject to the
supervision of the probation officer. It is also literally means testing of behavior or abilities. In
criminal law, it is a period of supervision over an offender, ordered by the court instead of
serving time in correction or jail facilities. In other foreign countries, the term probation applies
to community sentences, as an alternative to incarceration, such as suspended sentences.
To others, probation also includes supervision of those conditionally released from prison
on parole. An offender on probation is ordered to follow certain conditions set forth by the court,
often under the supervision of a probation officer. During the period of probation, an offender
faces the threat of being incarcerated if found breaking the rules set by the court or probation
officer. The offenders are ordinarily required to maintain law-abiding behavior, obey the orders
of the probation officer, or not to leave his or her place of residence.

Varied Justifications of Punishment

The varied justifications of punishment, are as follows:
1. Retribution. The punishment of an offender was carried out in the forms of personal
vengeance. Since retaliatory acts were later limited to the degree of injury inflicted, thus giving
rise to "an eye for an eye" philosophy. It is a theory of justice considers proportionate
punishment as response to crime. It is defined as the act of committing a harmful action against a
person or group in response to a grievance, be it real, or perceived. It is often differentiated from
more formal and refined forms of justice such as distributive justice and divine judgment.
Retribution comes from the Latin word "retributionem," meaning giving back what is
due, either reward or punishment. But when we talk about retribution, we only talk about
punishment. The old punishment code of "an eye for an eye," or "a tooth for a tooth," is an
example of retribution. It is also the act of taking revenge, or harming someone in retaliation for
something harmful that they have done, especially in the next life. It is defined as something
done to get back at someone or the act of punishing someone for their actions.
2. Expiation. This is in the form of group vengeance, as distinguished from retribution, where
punishment is exacted publicly for the purpose of appeasing the social group. Punishing the
offender gives the community a sense of its moral superiority, assurance that virtue is regarded
after all. It is also called by some as "propitiation," or the act of appeasing or making well-
disposed a deity, thus incurring divine favor or avoiding divine retribution. For many people, the
meaning is "that which expiates or propitiates" or "the gift which procures propitiation."
The act of expiation is a way to atone for something that a person did that was wrong. It
was originally used in a religious context, with expiation the way a person could gain forgiveness
from a god. The idea of atonement stretches across all religions, from the Day of Atonement, to
perhaps the most famous example of expiation, the Christian doctrine of Christ dying to absolve
the world's sins. People who commit crimes and even make small mistakes seek expiation every
day. Definitely there is no need to seek for religion for expiation.
3. Deterrence. The punishments give lesson to the offender by showing to others what would
happen to them if they violate the law. It is often contrasted with retribution, which holds that
punishment is a necessary consequence of a crime and should be calculated based on the gravity
of the wrong done. It is a strategy intended to dissuade an individual person or groups of persons
from taking illegal or criminal action not yet started by means of threat of reprisal, or to prevent
them from doing something that another state desires.
In relation to criminal offending is the idea that the threat of punishment will deter people
from committing crime and reduce the probability or level of offending in society. It is one of the
objectives that punishment is thought to achieve; the other objectives are denunciation,
incapacitation, retribution and rehabilitation. An underlying principle of deterrence is that it is
utilitarian or forward-looking. As with rehabilitation, it is designed to change behavior in the
future rather than simply provide retribution or punishment for current or past behavior.
4. Protection. By placing offenders in prison the society is being protected from the further
depredation of criminals. Also refers to the act of protecting the society or the community-
members from being harmed or sustain losses, or it is the state of making the society safe from
lawless elements or criminals. It is any measure taken to protect the person or property against
threat or damage caused by outside forces. Protection can be provided to intangible things like
civil. Although the mechanisms vary widely, the basic meaning remains the same.
Moreover, the notion of removing an offender from society in order to prevent him or her
from doing future harm is not new. Most commonly, the term protection is reserved for
individuals who are sent to prison or given the death penalty. By incapacitating the convicted
offender, the criminal justice system as an anti-crime machinery of the government can prevent
an individual person or group of persons from committing future crimes because he or she is, or
they are removed from society and locked up or restrained somehow
5. Reformation. The society's interest can be best served by helping the prisoner requiring him
to undergo an intensive program of rehabilitation. In the work of criminal reformation, it is vital
to keep in mind that the criminal, not the society, capitalism, or the criminal justice system, is the
problem. It is a component of the corrections system, shall refer to the acts which ensure the
public that persons deprived of liberty are no longer harmful to the community and are prepared
to live normal and productive life upon reintegration to the mainstream society.
 Reformation is the subject which today engages the attention of some of the best thinkers
and some of the most efficient workers in the world. It is important because of its relation to the
public welfare. Moreover, as the correction systems have become larger and more complex,
haphazard, the reformation of the prisoners requires a careful planning with detailed objective
criterion to reach the goals. It requires a good planning and operational standard available in
transnational ways. Corrections is treated as professional one dealing with human beings

Opposing Theories of Punishment

Theories of punishment can be divided into two general philosophies, as follows:
1. Utilitarian Theory. The utilitarian theory of punishment seeks to punish offenders to
discourage, or "deter," future wrongdoing. Under the utilitarian philosophy, laws should be used
to maximize the happiness of society. Moreover, the utilitarian theory is "consequentialist" in
nature. One illustration of consequentialism in punishment is the release of a prison inmate
suffering from a debilitating illness. As such, it moves beyond the scope of one's own interests
and takes into account the interests of others
Utilitarianism is a normative ethical theory that places the locus of right and wrong
solely on the outcomes, or consequences, of choosing one action or policy over other actions or
policies. Utilitarian theory is a moral theory that advocates actions that promote overall
happiness or pleasure and rejects actions that cause unhappiness or harm. A utilitarian
philosophy, when directed to making social, economic, or political decisions, aims for the
betterment of society. The "greatest amount of good for the greatest number of people" is a
maxim of utilitarianism
2. Retributive Theory. The counterpart to the utilitarian theory of punishment is the retributive
theory. Under this theory, offenders are punished for criminal behavior because they deserve
punishment Criminal behavior upsets the peaceful balance of society, and punishment helps to
restore the balance. The retributive theory focuses on the crime itself as the reason for imposing
punishment. It is a theory of punishment that when an offender breaks the law, justice requires
that he or she suffers in return.
It also requires that the response to a crime is proportional to the offence Prevention of
future crimes and rehabilitation of the offender are other purposes of punishment. Retribution is
different from revenge because retributive justice is directed only at wrongs, has inherent limits,
is not personal and involves no pleasure at the suffering of others and employs procedural
standards. One purpose of retribution theory is to channel the retributive sentiments of the public
into the political and legal that can be made possible by the criminal justice system

Personalities Responsible for Reforms

Some of the personalities responsible for introducing reforms in punishments are as
follows:
1. Manuel Montesimos (1790-1862). He was the Director of Prisons at Valencia, Spain in 1835
he divided prisoners into companies and appointed prisoners as Petty Officers in charge; allowed
reduction of the inmate's sentence by one third (1/3) for good behavior, offered training to
prepare the convicts for return to society
2 Domets of France. He established an agricultural colony for delinquent boys in France in
1839, by providing house fathers as in charge of these boys. He concentrated on re-education,
upon their discharge, and the boys were placed under the supervision of a patron while in the
colony for farming activities
3. Alexander Maconochie (1787-1860). As a Superintendent of the Penal Colony at Norfolk
Island in 1840, he introduced a progressive humane system to substitute for corporal punishment,
known as the ticket of leave. His concepts and many of his practical measures are now the basis
of Western penal systems.
4. Sir Walter Crofton. He was the Director of the Irish Prisons in 1854 who introduced the Irish
system, which was later on called the progressive stage system. The Irish system was actually a
modification of Maconochie's work system, and consisted of four stages known as Marks or
Credit System.
5. Zebulon R. Brockway (1827-1920). He was the Superintendent of the Elmira Reformatory
in New York in 1876. He introduced a new institutional program for boys, 16 to 30 years of age.
Influenced by the mark system, credits were awarded for good behavior and added a new
regimen of moral, physical, and vocational training
6. Sir Evelyn Ruggles Brise (1857-1935). He was the Director of English Prisons who opened
the Borstal Institution after visiting Elmira Reformatory in 1897. Borstal Institution is considered
today as the best reform institutions for young offenders. This system was based entirely on the
individualized treatment
7. John Howard (1726-1790). He was known as the Father of Penitentiary He exercised the
traditional but usually neglected responsibility of visiting the local prisons and institutions. The
Penitentiary Act was passed in 1782, but it was not until 1842 that Howard's idea of penitentiary
was given recognition

Early Rival Prisons System

The early rival systems of prisons in the history of punishments, are as follows
1. Auburn System. In contrast with the purely reformatory type of prison, the "Auburn System"
modified the schedule of prayer, contemplation, and humane conditions with hard labor and
work. Prisoners were compelled to work during the day, and the profit of their labor helped to
support the prison. This system was also called the "Congregate System. "Prisons worked in
groups during the day and were confined to separate cells at night
2. Pennsylvania System. The Pennsylvania system extended the concepts of the Walnut Street
Jail. It was believed that solitary confinement reduced violence because inmates would not be in
contact with another Inmates were considered "dead to the world" and where told to expect little
human contact while serving their sentence. Moreover, "social death" was part of the penalty for
crime during this era, and convict had not rights.

Contending Schools of Thoughts

The schools of thought that play a vital role in shaping the early forms punishment are as
follows:
1. Classical School. Among its proponents included Cesare Beccaria (1738-1794), Jeremy
Benthan (1748-1832), Jean-Jacques Rousseau (1712-1778), and Baron de Montesquieu (1689-
1755). It maintained the doctrine of psychological hedonism that the individual calculates
pleasures and pains in advance of action and regulates his conduct by results of his calculations.
2. Neo-Classical School. It maintains that while the Classical Doctrine was correct in general, it
should be modified in certain details, since children and lunatics cannot calculate pleasures and
pain they should be regarded as criminal or be punished. The Neo-Classical School continues the
traditions of the Classical School within the framework of Right Realism.
3. Positivist School. This demies individual responsibility and reflected an essentially non-
positive reaction to crime and criminality Since the criminal was held to be not responsible for
his or her acts, he or she must not be punished for his or her criminal act. The Positivist School
had a method that was developed by observing the characteristics of criminal to observe what
may be the root cause of his or her behavior

Perspective on Punishments
 The effectiveness of punishment depends upon practices that work in general, and those
that work with specific populations. The effects are not necessarily the same. Psychological
research on punishment has shown that mild punishment can be effective in changing behavior,
but the evidence is less clear about the effectiveness of severe punishment. Effectiveness of
punishment is increased by: (1) frequency of application; (2) immediacy of application; and (3)
punishment used in conjunction with positive reinforcement of pro-social behavior
Corollary to this, the effectiveness of punishment relates to how far it is successful in
suppressing the undesired behavior. Moreover, imposition of punishment, especially in its severe
form has several negative effects, such as follows: (1) avoidance or escape, (2) alienation of
those punished, to the point of inaction; (3) aggressiveness, both targeted and generalized, by
those punished; (4) conditioning of the punishers through rewarding them for behavioral change,
and (5) reproducing punishment behavior in those punished.
Finally, there is no question that prison is seen as a severe punishment for most people.
The critical question is whether it is an effective punishment for potential offenders. Moreover,
this depends on what motivates potential offenders. Therefore, the deterrence argument is based
on the preposition of economic rational choice theory, and the classical assumption that criminal
offenders are self-interested, reasoning, and rational cost-benefit calculators.