>corporal punishment may also cover the 2.

insanity(temporary imprisonment for

physical torture is one of the kind of the purposes of safekeeping)
corporal punishment but they are not the same
3. any illness requiring confinement(example
-the purpose of it is to intimidate a delinquent leprosy)
inmate
2.PAROLE
8.Isolation or solitary confinement
-is a conditional release after serving the
-have the physical segregation of the prisoner minimum of the sentence
from the total inmate population
-it is an executive act granted by the board of
LONE WOLF pardons and parole

-a person place under isolation/solitary

confinement
-*in the present time it is called BARTOLINA*-a
kind of isolation/solitary confinement
CONTEMPORARY FORMS OF PUNISHMENT-this
are the punishment being utilized at the
present
1.IMPRISONMENT
3. PROBATION
-the disposition whereby a person is released
subject to the conditions of the releasing court
4.FINE
-pertain to the payment of the amount serving
as penalty for the crime committed

5. DESTIERO
-deprivation of liberty by putting the offender in
place of confinement -sending away of a person from the place of
crime commission
PURPOSES OF IMPRISONMENT

1.For public protection -the person is not allowed to enter within 25 to

250 klm radius
2. For rehabilitation
example of cases for DESTIERO(murder
*There are also traditional purposes* ,concubinage)

1.ensure the presence of accused during trial

2.administer punishment by confinement or Rehabilitation

incarceration
(done notes)
3. to secure the society from being molested by
the undesirable characters

*What are the legal grounds of imprisonment?* •*Reintegration -process of bringing the
offender back to the society
1.crime commission
JURIDICAL CONDITIONS OF PENALTY
-this are the conditions required. by the law
1.Productive of suffering
(productive meaning the penalty must produce
something good/fruitful must be able to
produce something expectation from
rehabilitation)
2. Commensurate with the offense
-it must be tantamount /fit to the crime
committed
justify by just desert theory(u need to give the
offender what is due to him)
*reclusion temporal(imprisonment of 12yrs
1dqy to 20 yrs)
3. Personal
-meanining the person who committed a. crime.
must be the same person who would suffer for
the penalty
-no substitute allowed
4.Legal
- the penalty must be in accordance with the
law
*heinous crime
- are the crime that shock the public morality
and decency
5.Equal
- the penalty must be applied to all
6.Certain
-no one must escape the effects of the penalty
7.Correctional
-the penalty must be aimed (helped)
at rehabilitation
PENALTIES AS TO GRAVITY-(severity of the
penalty)
*classification as to gravity in Philippine setting*
1.Capital punishment-the highest penalty
-it is a penalty imposed on grave crime that is
heinous crime
-*death penalty(but at the present it not the
highest imposable at present because it is
prohibited*
-below capital punishment we have now the
afflictive
2. Afflictive penalties- (6 yrs and exceeding or is
more than 6 yrs of imprisonment)like the
capital punishment it is also imposed in grave
crimes/grave felonies under the revised penal
code here are the five afflictive penalties:
1.Reclusion perpetua-highest afflictive
penalty(imprisonment duration 20 yrs 1 day to
40 yrs).
2. Reclusion temporal- imprisonment of 12 yrs 1
day to 20 yrs
3. Perpetual -(it means that the absolute
disqualification will continue even after service
of sentence)or temporary absolute
disqualification-(it means that the absolute
disqualification would already stop after service
of sentence)
- it is not type of imprisonment rather an
absolute disqualification:
a.)meaning it is the deprivation of public office
and employment
b) deprivation of the right to suffrage-(the right
to vote) and deprivation to be elected
c.)Loss of rights to retirement pay or other
pension
4. Perpetual or temporary special
disqualification
a) deprivation of the office,
employment,profession, or calling affected
b) disqualification for holding similar offices or
employment
c.) deprived from being voting or being elected
for
4.Prision Mayor- imprisonment duration 6yrs 1
day to 12 yrs
-it is the lowest afflictive penalty
3.Correctional penalties-
-imposed on less. grave crimes that is being
imposed is correctional penalty
1.Prision correccional- the highest penalty of it
-imprisonment of 6 mo's 1 day to 6yrs
2. Arresto Mayor
-imprisonment 1month 1 day to 6mos
3. Suspension
-lower tthan arresto mayor
-we the suspension or temporary denial of a
person from work
4. Destierro
sending away of a person away from crime
commission limited to 25-25O km radius
4. Light penalties-
given for light crimes or minor
1.Arresto manor-1 day to 30 days
2.Public censure
it is a public reprimand(you are going to be
scolded by the court into the public
*COMMON PENALTIES THAT WERE DISCUSSED*
-Fine
-bound to keep peace(a sum of money you give
as a form of Security that you would be at your
best behavior)
CA1N 3.2 (HISTORICAL PERSPECTIVE PN
CORRECTION)
PRIMARY SCHOOLS OF PENOLOGY /THEORIES
BEING UTILIZED TO CORRECTION
*Theories- is a body of knowledge used to
explain phenomenon( anything that draws
curiosity)
1.CLASSICAL THEORY/ JURISTIC THEORY
-according to this Theory a person perform acts
voluntarily because he choose pleasure over
pain
- the person deserved to be punished because
he choose to commit crime
- it has also the concept of just desert theory-
(the penalty for the crime must fit said crime)
-Hedonistic calculus- refers to the process of
determining the value of an act by first looking
into the amount of pain or maybe pleasure that
would be produced by the said act
-Pioneered :Cesare Beccaria(the father of
classical criminology)& Jeremy Bentham
Cesare Beccaria introduces human free
will(people perform acts voluntarily)
Jeremy Bentham introduces hedonism(choosing
pleasure over pain)
2. NEO- CLASSICAL THEORY
-was introduced by William Blackstone
-it is the modification of classical Theory
-it is also the same with the concept of classical
Theory but there's an exception for children and
lunatics because they can't calculate pleasure
over pain
3. POSITIVIST/ ITALIAN SCHOOL/ REALISTIC
THEORY
-was introduced by the holy three:
•Cesar Lombroso(the father of modern
criminology
• Raffaele Garofalo
•Enrico Ferry
-the concept of this theory is that criminals are
like sick people who need treatment
-we patterned here the concept of
rehabilitation
HISTORY: EARLY CODES
*codes- refers to the compilation of laws
A.) BABYLONIAN AND SUMERIAN CODES
1. King Ur-Nammu's code
-regarded as the oldest law code surviving
today
-it is 100 yrs older than the so-called Hamurabi
code
-it introduced the concept restorative justice-
(for minor /light offenses)
•the concept of fixing broken relationships
within bthe community
•under this , there is a process of resolving
disputes with the maximum participation of the
victim, the offender and the community(VOC)
•(counterpart retributive justice focusing on
vengeance)
-it introduced restitution a.k.a restoration
(means the return of the stolen property)
- it introduced fines of execution (refer to
reparation or the payment of the value of the
property which can't be returned)
---->it only allows minor or light offenses
-in case the crime committed is grave it
imposed to savage penalties(example common
penalty mutilation)
2. Code of King Hammurabi
- one of the first legal codes
-regarded as the oldest and harshest code
-regarded as Babylonian code
- utilizes the concept of the retributive justice
and uses the concept of Lex talionis eye to
eye ;tooth to tooth(concept of retaliation)-at
times it is called a law of the jungle
B. GREEK CODES
1. Nicomachean ethics
-authored by Aristotle about 400 BC
-one of the best book in history
-"Punishment is a means of restoring the
balance between pleasure and pain"
GREEK CODE OF DRACO(dragon/serpent)
here are the following that was being
introduced under this:
1.Public prosecution
-it means that the citizens were allowed to
prosecute the offender in the name of the
victim
2. Imposition of corporal Punishment
>infliction of severe pain
-there's a cruelty
ROMAN CODES
1.Twelve tables or the law of the twelve tables-
set of law inscribed in 12 bronze tablets created
in ancient rome
-earliest code of the Roman laws
-compilation (-codification of the laws)of the
customary and written law of Rome
*common Punishment embodied of the twelve
tables:
✓death penalty
✓scourging
✓lex talionis
2. Justinian Code(483-565)
-introduced during the time of Emperor
Justinian I - he decided to review roman laws
then he called the 12 experts of law to review it
after that they were given the responsibility of
organizing or codifying the laws into one
document and it is called it as "Corpus Juris
civilis (pertains to body of civil laws)"
*one specific part of corpus juris civilis is the
Justinian code*
-Justinian code contains provisions imposing a
desirable amount of Punishment to all possible
crimes
-it is a criminal law embodied to Corpus Juris
civilis
-even though it did not last it serves as the so
called Western legal codes
3. Burgundian code(500 AD)
-it reflects the earliest fusion of german tribal
culture with the Roman system
•it specified Punishment according to social
class(Nobles, Middle class, lower class)
•value of life is dependent on social status
ROMAN REPUBLIC
✓Summum Suplicium
-death penalty ;
very common methods of executing an offender
during roman republic:
•beheading
•drowning
•strangulation(hanging,garouting) Apostasy- it talks about deliberately rejecting
the core tenets of the religion
*other Punishment:
Common punishment during this time :
flagging
-corporal punishment
banishment or also known as relegatio
-deqth penalty

-ex-communicado( excommunication)the
person is excluded from all communication
and contact with the rest of the member's of
the society

13TH CENTURY

(SECURING SANCTUARY)

-one whereby a criminal can avoid punishment

by claiming refuge in a church that takes 40
days and 40 nights (internet) 90 days (book) so
after the period the punishment will be
CA1N 4.1 banishment

HISTORY -the protection given to a criminal

DARK AGES-5th -15th century *refuge*- it means protection/

-the church imposed excessive and brutal *refugee*who claiming protection

measures or excessive punishment in order to
*Twin of Securing sanctuary*
have social control
BENEFIT OF CLERGY- have a compromise
agreement between the king and the church
We have the common violation that were that when a clergy man who commits a crime
committed he shall be tried under an eclishastical court-(it
created by the church for the church)
Heresy- it talks about the contradicting the
teachings of the church -during this time also the torture was very
prevalent
Another is the sacrilege-(it talks about the
disrespecting which is someone that is sacred.);
also
16TH CENTURY
Blasphemy-disrespecting god;
TRANSPORTATION WAS VERY
COMMON(criminals) in order to relieve the
overcrowding prisoner
Galleys- during this time European uses this as
transporting the criminal it is a long narrow,
single deck ship propelled by sales usually
rowed by criminals or long narrow boats used
for transportation
*American-indian
-the original inhabitants of America
*Aboriginal people
+the original inhabitants of Australia
17TH CENTURY TO LATE 18th CENTURY
-during this time death penalty is very prevalent
-during this time there is still a problem in
overcrowding of prisoners in jails in effect they
used again galleys
Oarsmen
-criminals who paddle or rowed galleys
* empty hulks- old warships used to house
prisoner they also called it as floating
hell/hellhole
*we have also called the Gaol(jail)
18th CENTURY AGE OF ENLIGHTENMENT-it is
the century of change because the society now
started recognizes human dignity
-there are already a lots of pioneers that
introduce changes in the correctional system
•WILLIAM PENN(1614-1716)
>fought for religious freedom and individual
rights
------>responsible for abolition of death penalty
and and torture
•JOHN LOCKE
>introduce the term "tabula rasa"(man is born
without knowledge)
>school of empericism (man learns through
experience)
•ISAAC NEWTON
>author of the book "principia"(it is like a book
of science that is one of the most important
work in history)
>encourage intellectuals to investigate social
and scientific phenomena methodically and
objectively
•CHARLES LOUIS SECONDAT, BARON de la
BREDE et de MONTESQUIEU(CHARLES
MONTESQUIEU)
>the author of the book spirits of laws( a book
discussing the constitutional system of a
government)
>believe that harsh punishments undermines
morality
>according to this guy appealing to moral
sentiments is a better means of preventing
crimes
>law as an expression of justice
•FRANCOIS MARIE AROUET(VOLTAIRE)
>fear of shame(•shame a criminal to prevent
him from committing a crime; •make the
people believe that they would be shamed if
they would commit a crime)
>fought the legality sunctioned practice of
torture
•CESARE BECCARIA
>father of classical criminology
>he wrote an essay in crimes and
punishment(discussing the proper punishment
for specific crime committed)
•JEREMY BENTHAM
>one of the pioneer of classical theory
>introduced the concept of hedonism(u choose
pleasure over pain)
>greatest leader in the reform of English
criminal law
>punishment negates the pleasure or gain from
crime
>designed panopticon prison
------>("pan"-meaning all; "optic"-meaning
sight/seeing ---->panopticon prison means all
seeing prison )
------->regarded as the ultimate
penitentiary/inspection house
------>however panopticon prison was never
built wherein it was a blue print a mere design
•JOHN HOWARD
>great prison reformer
>he died because of sickness
>sheriff of bedfordshire.
>prison reformed he introduced:
•single cells for sleeping
•segration of women and segration youth
•provision of sanitation facilities
•abolition of the fee system by which jailers
obtained money from prisoner
•ALEXANDER MACANOCHIE
>Father of parole
>introduced the mark system (whereby a
prisoner required to earn points to entitled him
to a ticket of leave-(conditional release)
•superintendent of the penal colony at Norfolk
Island in Australia (1840)
•WALTER CROFTON
>director of Irish prison
>introduced Irish ticket of leave-(system that
modified Macanochie mark system however he
introduced a modification:
√you don't need to earn points/marks u just
need to prove to the prison authorities that u
could be trusted with some of their freedom,
and u will be granted for Irish ticket of leave)
*"ticket of leave-" a document of parole
•MANUEL MONTESIMOS
>divided the prisoners into companies (for easy
monitoring and control)
>appointed the prisoners as petty officers in
charge of each company
•FREDERIC-AUGUSTE DEMETZ
>established an agricultural colony (called as
metre penal colony in which it is called as
reformatory without walls )for deliquent boys
>provisions of house father (in charge of
deliquent boys)
•SIR EVELYN RUGGLES BRISE
>director of the English priesthood •ELIZABETH or BETSY FRY

>established the borstal institution(considered >the first female who introduced for conditions
as the best reform for young offenders that is of women in jails
called for male offenders ages 16-21)
>given the title as the angel prisons
-in borstal institution there is an individualized
treatment program

-borstal institution introduced the first ever •JOHN AUGUSTUS

after care services >father of American probation/father of
•ZEBULON BROCKWAY probation in general term

>the first practical demonstration of probation

>the director of El mira reformatory(the
forerunner of the modern penology)the in US was made by him and he performed it
Boston Massachusetts
innovation of Elmira reformatory:

*adopted a training school type •MATTHEW DEVENPORT HILL

>father of English(England) probation

*compulsary education of prisoners

*adopted case work method (determining the CA1N 4.2

background of the prisoner to provide a EARLY PRISON
solution to his problems)

*extensive use of parole(it is based in

indeterminate sentence-it is penalty with the •MAMERTINE PRISON
minimum to maximum duration)
-a Roman place of confinement which is built
>father of prison reform under the main sewers of rome

•JEAN JACQUES PHILIPPE VILLAIN -one of the oldest confinement in history;

created by Ancus maritus about 64B.C
>founded the the Maison de Force in Gent.
Belgium •SAINT BRIDGET'S WELL

a.)Felons and misdeamnants should be -regarded as England's first house of correction

separated
-houses English prisoner for purposes of short
*Felons-persons who commit a grave felony term confinement and punishment of petty
crimes
*misdeamnants- a person who commits a light
violation -it was renamed as Bridewell workhouse (most
popular workhouse(-total institution where
b. women and children must have a separate those unable to support themselves where offer
quarters to support them selves) in London)
---->houses anti social misfits (people who
cannot fit in society like:
√vagrants-homeless,
✓vagabonds- a person travels without any
destination,
✓loose women-prostitute) They are being
whipped and made to perform hard labor
•WALNUT STREET JAIL
-was a detention jail philadelphia later on
converted to state prison as Walnut prison-(the
first American penitertiary/prison
•DARTMOOR PRISON
-it was constructed for purposes of housing
french prisoners of war(a person who has been
captured and imprisoned by an enemy
-given the title as house of halfway to hell
•HOSPICIO DE SAN MICHELLE
>first home for deliquent boys ever established
>built by Pope Clements XI
>houses incorrigible(he is not capable of
change) youth under 20 yrs old
•MAISON DE FORCE
>Villains
>houses misdemnants and vagrants who
committed minor crimes
>there should be a separation of women and
children from hardened criminals
• NEW GATE PRISON (old )
- there are two new gate prison:a)old new gate
prisonb)new new gate prison
-regarded as the blackhole of horrors bcoz this
prison was created in an old mining site for
copper
-the prisoners were work hard and incarcerated
too as a miners without any compensation
Hell
-holding area of the old new gate prison
•ALCATRAZ PRISON
>also known as the rock
>located at San Francisco bay California
>capacity to house 312 inmates however when
it closed it actually houses 260 prisoners
>the island where the Alcatraz prison were
constructed was founded by Juan Manuel de
Ayala
Island of the Pelicans(English translation of La
Isla Delos Alcatrases )
> during the time before there still no
construction they call the island of the Pelicans
> 4 Wardens who worked in Alcatraz prison
•James A. Johnston-first ever to worked as
warden 1934-1948
•Edwin B. Swope- after James retired, he acted
as the warden from 1948-1955
•Paul J. Madigan- served 1955-1961
•Olin G. Blackwell- served 1961-63
-was the shortest serving warden of Alcatraz
•Jim Albright- he was the last person to leave
Alcatraz
•Frank Weatherman- he was the last inmate or
the last prisoner to be sent to Alcatraz with the
inmate no. of A.Z-1576
-the prisoners are confined in their own cells
during the night and they perform congregate
work (working together with other
prisoner)shops during the day
2. PENNSYLVANIA SYSTEM
-also known as the Solitary system

>Alcatraz prison was operated for a period of -the prisoners are confined in their single cells
29 yrs (Operation: August 1934 Closure: March day and night
21, 1963)

•James Bennet- the director of the federal

bureau of prisons at the time of closure of
Alcatraz prison ; he was the one who wrote
about the closure Alcatraz prison

Reason why Alcatraz prison was being closed?

*because it was very costply branging about

4.5-5 M.

-there were 14 known escape attempts for

about 36 inmates who escaping; 23 were
captured ; 6 shot dead ;2 drowned; 5
missing(presumed as dead)

TWO RIVAL PRISON SYSTEM IN THE HISTORY

OF CORRECTION

1. AUBURN PRISON SYSTEM

-it was adopted to auburn state prison

-otherwise known as congregate system / New

York system(why becoz it is located at New
York)

-also called as the silent system