Crim 1 - Introduction to Criminology: Punishment PDF

CRIM 1 – INTRODUCTION TO CRIMINOLOGY Lesson 6 Punishment Prof. Christian Mark G. Rey EVOLUTION OF CRIMINAL LAWS A. Prehistoric Crime and Punishment: Primitive Tribes Punishment may be in the form of ostracism (banishment) and expulsion. Adul...

CRIM 1 – INTRODUCTION TO CRIMINOLOGY Lesson 6 Punishment Prof. Christian Mark G. Rey EVOLUTION OF CRIMINAL LAWS A. Prehistoric Crime and Punishment: Primitive Tribes Punishment may be in the form of ostracism (banishment) and expulsion. Adultery may be punished by the aggrieved husband who may kill the adulterer and his own offending wife. Crime may be avenged by the victim himself or by the victim’s family. EVOLUTION OF CRIMINAL LAWS B. The Early Code In the prehistoric times, there were no written laws to regulate human conduct. However, men still found ways to avenge themselves from harm and injury caused by another. They designed their own system of justice of justice according to what they believed was right and fair based on their way of life beliefs and the norms of their times. However, as civilizations continued to develop, so did their laws and justice system. It was discovered that some ancient civilizations already had written laws and a form of criminal justice system during their time. Some of which are the following: B. The Early Code 1. Code of Hammurabi The Code of Hammurabi is believed to be the earliest written code of punishment and Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the First Codifier of Laws. It was believed that it was during his reign that the code was created, thus, it was renamed after him. This code which carved in stone, provided the first comprehensive view of the laws during his time. The provisions of the Code were premised on the law of talion or the principle of “an eye for an eye” a tooth for a tooth”. Under the principle of the lex talionis or law of talion, tit for tat or the law of equal retaliation, the punishment should be the same as the harm inflicted on the victim. B. The Early Code B. The Early Code Statue of Hammurabi B. The Early Code Ancient Babylon A partial view of the ruins of Babylon from Saddam Hussein's Summer Palace B. The Early Code 2. The Hittites The hittites existed about two centuries after the reign of Hammurabi and they eventually conquered babylon The law of the Hittites may also be characterized as brutal, just like the Code of Hammurabi, because they used death as punishment for many offenses. B. The Early Code 3. Deuteronomy or the Mosaic Code Is the fifth book in the Bible and it contains the basis of Jewish laws. It is believed that it was made by Moses. These laws were in the form of a covenant between God and the people of Israel, given to Moses on the mountains. They begin with the Ten Commandments and go on to statutes and ordinances that God commanded Moses to teach people. Collectively, the first five books of the Old Testament is what referred to as the Law of Moses or the Mosaic Code, from the name of Moses. The first five books contain the Ten Commandments which are considered the foundation of law systems throughout much of the Western World. B. The Early Code 4. The Code of Draco The Code of Draco is considered to be first written law of the Greek civilization. 621 BC, Draco appointed to codify the laws This was codified by Draco, an Athenian lawgiver who is considered the first legislator of Athens, in the seventh century BC This code is known for having severe penalties. B. The Early Code 5. The Code of Solon Solon, also an Athenian, was appointed archon and was given legislative powers during his time, he repealed almost all the laws of the Code of Draco and created laws that provided just punishments. Solon had a great impact in the history of law-making that now the term “solon” is used to refer to a member of Senate or House of Representatives. B. The Early Code 6. Rome’s Twelve Tables Roman law began with the Twelve Tables which were written in the middle of the sixth century BC. It was written in tables of bronze and it became the foundation of all laws in Rome. B. The Early Code 7. The Laws of Islam The laws of Islam can be found in the Qur’an, the holy book of the Muslim religion. It is believed that they were given by Allah to the prophet Mohammed.  Historical Overview of Punishment A) PREHISTORIC CRIME AND PUNISHMENT Primitive Tribes - Punishment may be in the form of ostracism (banishment)and expulsion. - Adultery may be punished by the aggrieved husband who may kill the adulterer and his own offending wife. - Crime may be avenged by the victim himself or by the victim’s family.  Other types of punishment recorded in history 1. Banishment – Offender was forced to leave. 2. Beheading – cutting of the head 3. Birching – beating a person across the backside with twigs  Other types of punishment recorded in history 4. Boiling Alive – prisoners are boiled alive 5. Branding - use of red-hot irons 6. Breaking on the Wheel – person was tied to a wheel 7. Burning – a penalty for heresy  Other types of punishment recorded in history 8. Crank – Hard and monotonouos work. They had to turn the handle of a thousand times before they could eat. 9. Crucifixion – prisoners are crucified. 10. Drowning – cowards drowned in fens under piles of sticks. 11. Electric Chair – prisoners are electrocuted 12. Fines – forced prisoners to pay money.  Other types of punishment recorded in history 13. Firing Squad – prisoners were subjected to firing. 14. Flogging – use for minor crimes in England 15. Garroting – a form of strangulation often carried out using a metal collar attached to a post. 16. Hanging – criminal stood on a ladder and a ladder would be pulled away. 17. Hard Labor – prisoners are subjected to a hard physical work  Other types of punishment recorded in history 18. Prison – prisoners are confined in cell 19. Stoning – crowed threw stones at the condemned person 20. Transportation – prisoners where transported to the colonies  Punishment  An act that intentionally inflicts pain on another person.  Punishment must arise through a person’s illegal wrongdoing, it must be painful to the offender, and it must be imposed only by government officials who have been given the power to punish.  Goals of Punishment 1. Retribution – criminals deserve to be punished 2. Deterrence – aims to prevent future criminal behavior 3. Incapacitation – combination of both retribution and deterrence 4. Rehabilitation – to make positive change in the offender 5. Reintegration – re-establishing ties with the community is an essential ingredient to totally rehabilitate the ex-offender. 6. Restoration – to make offender and the victim whole again by imposing fines, restitution, and community service.  Justifications of Punishment 1. Deterrence – Offender prevented from repeating the crime once retribution was experienced. (General and Specific Deterrence) 2. Reformation – reformed the offenders so that they can be prepared to live a normal and productive life. 3. Restoration – victim-oriented approach to crime that emphasizes restitution (compensation) for victims. 4. Retribution – making an offender accountable for the offense committed.