Group 1 Narrative Report PDF

COLLEGE OF CRIMINAL JUSTICE UNIVERSIDAD DE MANILA Cecilia Muñoz Palma Cor. Antonio Villegas St. Mehan Gardens, Ermita, Manila INSTITUTIONAL CORRECTIONS - CA311 BACHELOR OF SCIENCE IN CRIMINOLOGY 33 GROUP 1 – LESSON 1 “HISTORY OF...

COLLEGE OF CRIMINAL JUSTICE UNIVERSIDAD DE MANILA Cecilia Muñoz Palma Cor. Antonio Villegas St. Mehan Gardens, Ermita, Manila INSTITUTIONAL CORRECTIONS - CA311 BACHELOR OF SCIENCE IN CRIMINOLOGY 33 GROUP 1 – LESSON 1 “HISTORY OF PUNISHMENT AND SENTENCING” SUBMITTED BY: ISIDERIO, LEOREENA MAE G. QUINTAL, ALDRIN JOHN M. VILLANUEVA, ADRIAN VILLAREAL, MARK JUDE SUBMITTED TO: PROFESSOR. VINCENT VISITACION PUNISHMENT AND SENTENCING 1. Definition 2. History 3. Ancient Forms 4. School of Thought in Correction 5. Types of Sentencing 6. Modern Penalties DEFINITION OF PUNISHMENT The remedy the state takes against an offending member of society usually involves pain and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing. EXPLANATION: When someone breaks the law or does something wrong, the state usually punishes them in a way that involves pain or suffering. This punishment is the penalty given to someone who commits a crime or does something bad." ANCIENT FORMS OF PUNISHMENT DEATH PENALTY It is affected by burning, beheading, hanging, breaking at the wheels, and other forms of medieval executions. EXPLANATION: Death penalty is when someone is punished by being put to death for a serious crime. In the past, people were executed in painful ways like burning, beheading, hanging, and breaking their bodies on a wheel. GARROTE Method of execution by strangulation or by breaking the neck. EXPLANATION: A garrote is a way of execution where someone is killed by strangling or breaking their neck. It usually involves using a wire, rope, or some kind of tool to tighten around the person's neck until they can't breathe or their neck breaks. FIRING SQUAD It is normally composed of several soldiers, all of whom are instructed to fire simultaneously. EXPLANATION: A group of soldiers who are ordered to shoot at the same time. The squad is usually made up of several soldiers, and they all fire their guns together when given the command. HANGING A method of the death penalty involves executing a person by suspending them with a rope around their neck. EXPLANATION: It means executing a person by putting a rope around their neck and suspending them until they die. ELECTRIC CHAIR A device used for execution in the death penalty where the person is strapped to a chair and electrocuted. EXPLANATION: The electric chair is a device used for the death penalty. A person is tied to the chair, and electricity is sent through their body to cause death. It’s a way some places used to punish serious crimes, but it's not used much anymore because people think it's very cruel. PHYSICAL TORTURE Affected by Maiming or Mutilation, whipping, and other inhumane or barbaric forms of inflicting pain. EXPLANATION: Physical torture is when a person is hurt in very cruel ways that cause a lot of pain. This can include things like being cut or injured badly (maiming or mutilation), being whipped, or other very painful and inhumane actions. These methods are used to hurt the body in harsh and brutal ways, causing severe suffering. SOCIAL DEGRADATION Putting the offender into shame or humiliation. EXPLANATION: When someone tries to shame or humiliate another person. It’s like putting them down in a way that makes them feel really bad about themselves. PILLORY A wooden framework with holes for the head and hands, in which an offender was imprisoned and exposed to public abuse. EXPLANATION: A pillory is a wooden frame with holes for a person’s head and hands. It was used in the past to punish people by locking them in it and then letting others throw things at them or mock them in public. SHAVINGS The process of shaving the head and legs of the person before execution in the electric chair. EXPLANATION: Shavings mean cutting off the hair from a person's head and legs before they are put in the electric chair for execution. BANISHMENTS OR EXILE The offender was sent or put away by the prohibition against coming into a specified territory such as an island to where the offender has been removed without killing them, and it often leads to severe hardship or death due to the challenges of living in a new and hostile environment. EXPLANATION: When someone was punished by banishment or exile, they were sent away from their home and not allowed to return to a certain area, like an island. They were not killed, but being sent away often made their life very hard and sometimes led to their death because they had to live in a new place that was difficult and unfriendly. TRANSPORTATION OF PRISONERS Moving prisoners from their place of imprisonment to the location where their execution would take place. EXPLANATION: When prisoners need to be moved from where they are kept to the place where they will be executed, that process is called 'transportation of prisoners.' It's basically the transfer of prisoners from one location to another for their final execution. PURPOSES/JUSTIFICATION OF PUNISHMENT RETRIBUTION 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. EXPLANATION: Retribution means that when someone breaks a law, they should be punished by the government. This is so that the society or the person who was hurt can see the offender get a punishment that fits their crime. The idea is that people should be punished because they deserve it for what they did wrong. EXPIATION OR ATONEMENT It is punishment in the form of group vengeance where the purpose is to appease the offended public or group. EXPLANATION: Expiation or atonement is when a group punishes someone to make up for a wrong that was done. The idea is to calm down the upset group or people by showing that the wrongdoing is being addressed and taken seriously. DETERRENCE Punishment gives a lesson to the offender by showing to others what will happen to them if they violate the law. Punishment is imposed to warn potential offenders that they cannot afford to do what the offender has done. EXPLANATION: It means using punishment to teach a lesson to someone who broke the law. It’s like saying, “Look at what happened to this person for breaking the rules—don’t do the same thing, or you’ll face the same consequences.” The idea is to scare others into following the law by showing them that breaking it will lead to trouble. INCAPACITATION AND PROTECTION The public will be protected if the offender has been held in conditions where they cannot harm others, especially the public. Punishment is affected by placing offenders in prison so that society will be ensured from further criminal depredations of criminals. EXPLANATION: Making sure the public stays safe by keeping offenders locked up where they can't hurt anyone else. By sending criminals to prison, we protect society from any more of their harmful actions. - ISIDERIO, LEOREENA (FIRST REPORTER) REFORMATION OR REHABILITATION When we are talking about people the meaning of reformation is changing their belief system and rehabilitation is changing their actions. EXPLANATION: In the case of offenders, a reformation would help offenders relinquish their immoral or criminal behavior and rehabilitation can be defined as the process of re-educating and retraining those who commit a crime. The process of helping people grow and change allowing them to separate themselves from the environmental factors that made them commit a crime in the first place, so if people learn a different way of living their lives day will be less inclined to commit crimes in the future. CONSTITUTIONAL PROVISION FOR IMPOSITION OF PUNISHMENT Article 3 section 1 of the 1987 constitution provides that no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. EXPLANATION: Constitutional provisions are the set of rules or laws that come under a country's constitution that establish the fundamental rights and duties of the citizens that cannot be changed or altered by the court or common law if the provisions are to be changed, they must go through a specific process. one of the months most cherish processions in his liberty against any form of restraint. to reinforce this the law grants to an individual the right to avail of the writ of habeas corpus. Apana insurance of a rate a person who restrains another is directed to produce the restraint person before the court or judge designated in the writ at the time and place therein specified. JURIDICAL CONDITIONS OF PENALTY Must be productive of suffering Must be commensurate to the offense Must be personal Must be legal Must be certain Equal to all Must be correctional EXPLANATION: Must be productive of suffering - without, however, affecting the integrity of the human personality Must be commensurate to the offense - different crimes must be punished with different penalty  Must be personal - the guilty one must be the one to be punished no proxy Must be legal - the consequence must be by the law Must be certain - no one must escape its effects Equal to all - equal for all persons Must be correctional - change the attitude of offenders and become law- abiding citizen EXEMPTION FROM PUNISHMENT The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or the absence of negligence on the part of the accused. EXPLANATION: Any person who while performing a lawful act with due care causes an injury by mere accident without fault or intention of causing it 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice and Welfare System as a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation nor as provided by RA 9344 as amended. an imbecile or an insane person unless the latter has acted during a lucid interval a person under 9 years of age, a person over 9 years of age, and under 15 SCHOOL OF THOUGHT IN CORRECTION PRE-CLASSICAL THEORIES SECULAR THEORY OF PUNISHMENT (ARISTOTLE) Restoring the balance between pleasure and pain whereby the loss suffered by the victim is compensated by the suffering of the offender. EXPLANATION: Aristotle believed that punishment should not only be a means of retribution but also an opportunity for moral growth and correction. One of the primaries aims of punishment according to Aristotle is to restore proportional justice. he is good that the punishment should correspond to the severity of the crime committed JUDEAN-CHRISTIAN THEORY Fun punishment has a redemptive purpose of repelling sin advocated the founding principle that reflects the Judeo-Christian tradition through the idea that leader should be selfless and moral in republicanism. EXPLANATION: This principle is grounded in virtue and the idea that the citizen and their leaders must put the good of the community before their interests. THE RISE OF CANONICAL COURTS (CHURCH COURT) The church forbids its adherence to state court and later in the medieval period, the power of state court declaimed the canonical court was mainly for reformatory purposes. EXPLANATION: The canonization process is a canonical church law procedure by which the church through the pope solemnly declares a catholic to be united with God in heaven, an intercessory to God on behalf of the living and worthy of public and universal veneration. a cause of colonization examines a person's life and death to determine if they were either martyred or leaving a virtuous life, INDIVIDUALIZATION OF PUNISHMENT The lawmakers and judges had the practical task of making and administering law but were also faced with the indignation of the community at a particular offense. EXPLANATION: The individualization of punishment implies finding the balance between the gravity of the crime and the personality of the criminal, on the one hand, and the punishment that will be applied, on the other hand. The governing principle of this procedure is, undoubtedly, the principle of proportionality. Finding "the appropriate penalty" is a complex issue, in which each element can have an important role. Therefore, to ensure a proportion between the severity of the punishment and the seriousness of the offense it is imperative to determine those factors that support the proportionality test. ABUSE OF JUDICIAL INDIVIDUALIZATION The law gave judges wide discretion to impose additional penalties because of the circumstances. EXPLANATION: Abuse of power is when someone misuses their authority or higher position in a hierarchy to take advantage of coercing or harm other people. and it can lead to different types of abuse such as psychological physical financial and sexual abuse CLASSICAL SCHOOL Considered man as a free moral agent therefore he is responsible for his acts. EXPLANATION: The classical school usually refers to the 18th-century work during the Enlightenment by the utilitarianism social contract philosophers by Jeremy Bentamen Cesar Beccaria. their interest lay in the system of criminal justice and penology and indirectly through the proposition that "man is a calculating animal" in the causes of criminal behavior. the classical school of thought is premised on the idea that people have free will in making decisions and that punishment can be a deterrent for crime, so long as the punishment is proportional fits the crime, and it’s carried out promptly. NEO-CLASSICAL SCHOOL The judge was given discretion in certain crimes to very punishment between the maximum and minimum fixed by law. EXPLANATION: Neoclassical criminology focuses on determining what factors lead to potential offenders choosing to commit a crime and how to deter those criminals. neoclassical posits that the choice to commit a crime is a rational one and by enforcing three consequences for crime society can deter potential criminals. POSITIVE SCHOOL Defined individual responsibility and reflected an essential non punitive reaction to crime and criminality. EXPLANATION: Positivism is the use of empirical evidence through scientific inquiry to improve society. ultimately positive is criminology sought to identify other causes of criminal behavior beyond choice. the basis premises of positivism or measurement objectivity and casualty. early positivist theories speculated that there were criminals and non-criminals. those we have to identify what causes criminals MODERN CLINIC SCHOOLS It studies the criminal rather than the crime. EXPLANATION: The modern clinical school emerged in the 20th century as part of a broader move towards more humane and scientifically informed approaches to crime and punishment. It reflects a growing recognition that simply punishing offenders does not necessarily address the factors that led to their criminal behavior in the first place. the modern clinical school in penology represents a paradigm shift towards understanding criminal behavior as something that can be treated and managed through scientific and rehabilitative methods, with the ultimate goal of reducing crime and promoting social reintegration. - VILLANUEVA, ADRIAN (SECOND REPORTER) UTILITARIANISM Profound by Jeremy Bentham It assumes that all actions are calculated under their likelihood of bringing pleasure or pain.  He devised the pseudo-mathematical formula called "felicific calculus “which views individuals as human calculators who put all the factors into an equation before deciding whether a particular crime is worth committing or not. EXPLANATION: Utilitarianism is a way of thinking created by Jeremy Bentham that says we should make choices based on what will bring the most happiness and the least pain. He suggested that people act like calculators, weighing the good and bad outcomes before deciding if an action, like committing a crime, is worth it. THEORIES JUSTIFYING IMPOSITION OF PUNISHMENT (PENALTY) PREVENTION THEORY The state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender. EXPLANATION: Prevention theory says that the government must punish criminals to stop them from causing more harm to society. By punishing offenders, the state aims to keep everyone safe and prevent future crimes. SELF-DEFENSE THEORY This theory posits that punishment is justified as a means of protecting society from individuals who pose a threat, ensuring the safety of the community. EXPLANATION: Self-defense theory believes that punishment is necessary to protect people from those who might harm them. This means that if someone is a danger to others, society has the right to punish them to keep everyone safe. REFORMATION THEORY The object of punishment is to correct and reform the offenders. EXPLANATION: Reformation theory focuses on helping offenders change their behavior so they can become better people. Instead of just punishing them, this approach tries to teach them and fix the reasons why they committed a crime. EXEMPLARY THEORY This theory suggests that punishment should serve as a public example to deter others from engaging in criminal behavior by showing the consequences of such actions. EXPLANATION: Exemplary theory suggests that punishment should show others what happens when someone breaks the law. By making an example of the offender, it hopes to scare others away from committing similar crimes. JUSTICE THEORY Punishment is a necessary response to wrongdoing, ensuring offenders receive a penalty proportional to the harm caused. EXPLANATION: Justice theory says that punishment is needed to make things right when someone does something wrong. It believes that the punishment should fit the crime, meaning that if someone causes a lot of harm, they should face serious consequences. SENTENCING SENTENCE A formal judgment issued by a court that specifies the punishment or penalties imposed on a convicted individual for their crime. EXPLANATION: A sentence is an official decision made by a court that tells someone what punishment they will receive for a crime they committed. It is like a verdict that explains the consequences of their actions. SENTENCING The process by which a judge determines the appropriate punishment for a defendant following a conviction, considering factors like the severity of the crime and the offender’s history. EXPLANATION: Sentencing is the process where a judge decides what punishment someone should get after they have been found guilty of a crime. The judge looks at different things, like how serious the crime was and the person’s past behavior, to make a fair decision. - QUINTAL, ALDRIN (THIRD REPORTER) GOALS OF SENTENCING REVENGE EXPLANATION: A sentencing method involves inflicting harm on an individual as a form of punishment for wrongdoing they have committed. It is often associated with ancient legal systems and has been used in various cultures throughout history. RETRIBUTION EXPLANATION: This goal seeks to punish offenders for their crimes as a means of retribution or serving as a form of justice for the victims and society as a whole. DETERRENCE EXPLANATION: Sentencing aims to deter potential offenders from committing crimes by making them aware of the consequences they may face if they engage in criminal behavior. INCAPACITATION EXPLANATION: Another goal of sentencing is to remove offenders from society for some time, preventing them from committing further crimes and protecting potential victims. REHABILITATION EXPLANATION: Sentencing also seeks to reform offenders and help them become law-abiding citizens by providing them with education, counseling, and other resources to address the underlying causes of their criminal behavior. JUST DESERTS EXPLANATION: This goal focuses on ensuring that the severity of the punishment matches the severity of the crime, providing a sense of fairness and proportionality in the sentencing process. RESTORATION EXPLANATION: Finally, sentencing aims to restore victims and communities that have been harmed by criminal offenses, through processes such as restitution, community service, and other forms of restorative justice. These goals work together that punishments are appropriate, effective, and just, while also serving to deter crime, reform offenders, and protect society. TYPES OF SENTENCES MANDATORY SENTENCE EXPLANATION: Requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent.  CONSECUTIVE/CUMULATIVE SENTENCE EXPLANATION: One which does not begin to run until the expiration of a prior sentence. CONCURRENT SENTENCE EXPLANATION: When sentences run concurrently defendants serve all the sentences simultaneously SENTENCING MODELS INDETERMINATE SENTENCING EXPLANATION: A sentencing model that allows for a range of possible sentences for a specific crime, depending on the circumstances of the case and the discretion of the sentencing judge or jury. DETERMINATE SENTENCING EXPLANATION: A sentencing model that provides a specific and predetermined sentence for a specific crime, based on the severity of the offense and the offender’s criminal history. GUIDELINE SENTENCING EXPLANATION: A sentencing model that provides a range of possible sentences for a specific crime, based on the severity of the offense and the offender’s criminal history. The range of sentences is determined by a set of sentencing guidelines, which are developed by a committee of judges, lawyers, and other stakeholders. TYPES OF GUIDELINE SENTENCING PRESUMPTIVE/MANDATORY GUIDELINES SENTENCING These guidelines establish a presumptive or mandatory sentencing range that judges must follow. Judges have less discretion and are expected to impose a sentence within the guideline range. Departures from the guidelines require the judge to provide written justification. This approach aims to increase consistency and reduce unwarranted sentencing disparities. VOLUNTARY/ADVISORY GUIDELINES SENTENCING Guidelines that judges can use to inform their sentencing decisions. Judges are not legally required to follow the guidelines but may use them as a reference point. This allows for more judicial discretion but can result in greater sentencing disparities. MODERN PENALTIES IMPRISONMENT EXPLANATION: A modern penalty that involves confining an individual in a secure facility, such as a prison or jail, for a specified period. PROBATION EXPLANATION: A modern penalty that allows an offender to remain in the community under supervision, rather than being imprisoned. PAROLE EXPLANATION: A modern penalty that allows an offender to be released from prison early, provided they meet certain conditions and demonstrate good behavior. DIVERSION EXPLANATION: A modern penalty that involves redirecting offenders away from the criminal justice system, rather than imposing a traditional sentence. COMMUNITY SERVICE EXPLANATION: A modern penalty that requires offenders to perform unpaid work or service to the community, rather than being imprisoned. FINE EXPLANATION: A fine is a modern penalty that involves imposing a monetary sanction on an offender, as a consequence for committing a crime. - VILLAREAL, MARK JUDE (FOURTH REPORTER)