Name: Loayon, Christine Joy A.

BSCRIM FI 3A

Answer the following, for your ASSIGNMENT next

meeting:

1. What could be done to improve the “Individualization of

Punishment?

* The individualization of punishment implies finding the balance between the

gravity of the crime and the personality of the criminal, on 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 offence it is imperative to determine those factors that support
the proportionality test. So we must take into consideration the purpose of the
punishment, the gravity of the offense, the offender's personality, the legislator’s
conception about the criminal sanctions and any other relevant element. The new
penal code brought significant changes in the field, such as establishing lower
sanctions for crimes than the previous criminal code but higher penalties for those
who commit more crimes.

2. How would you solve the issue on “Abused of Judicial

Individualization?
 * A simple definition of the abuse of power is the misuse of a position of power to
take unjust advantage of individuals, organizations, or governments. Abuses of
power have been variously described as white-collar crime, economic crime,
organizational crime, occupational crime, public corruption, organized crime, and
governmental and corporate deviance. The common element of these crimes is
deceit. Although such acts have been perpetrated since earliest history, recent
technological and social changes have created a climate more conducive to them.
Efforts in the United States to understand and combat white-collar crime have
included data collection, enactment of legislation, proposals for additional
legislation, designation of white-collar crime as one of the four priority areas in the
Department of Justice, efforts by Federal regulatory agencies, and expanded State
and local agency efforts. Training programs have been set up to develop the skills
needed to investigate these crimes. In the current economic climate, careful
spending of available funds is essential to maintain the emphasis on improving
prevention, enforcement, and prosecution. Internationally, information should be
shared on commmon problems, and cooperative approaches to combating
transnational crimes should be sought.

3. Can you construct an idea regarding the “Classical School of

Penology?

* In criminology, the classical school usually refers to the 18th-century work during
the Enlightenment by the utilitarian and social-contract philosophers Jeremy
Bentham and Cesare Beccaria. Their interests 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 was
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 is carried out promptly.

4. What are advantages and disadvantages of the Classical

School?

*The classical education system is a method of teaching or schooling which is

divided into three parts. All of these parts are designed in such a way that the
 potentials of learners can be fully explored and developed. There are many
benefits and drawbacks of following a classical education system. And some of
the benefits are that it encourages children to learn new languages, it helps in
the production of literate thinkers, and follows the natural stages of
development of a child. On the other hand, some of the disadvantages of
classical education are that it emphasis memorization and is quite rigid.

5. Can you elaborate the theory of the Neo-Classical School of

Criminology?

* The neoclassical school of criminology developed from classical criminology and is

based on the utilitarian thoughts of philosophers Jeremy Bentham and Cesare
Beccaria. Neoclassical criminology was expanded by Gabriel Tarde, who established
that all sane adults are equally capable of criminal activity and are responsible for
their decisions to commit crimes.

Rationalist thought is very important in neoclassical criminology. This theory

assumes that human decision making is rational. Criminal activity is therefore a
decision based on rational thoughts and is the responsibility of the individual who
committed the crime. In neoclassical criminology, this thought leads to the
determination that any rational adult who commits a crime should be held fully
responsible for their actions.

The idea of rational decision making leads to the theory of deterrence. In

criminology, deterrence is the use of punishments and consequences to prevent as
much crime as possible. In the neoclassical school, philosophers call for strict
punishment, harsh consequences, and clear rules to deter as much crime as
possible. This is due to the rational thought that if the consequences of a crime
outweigh its potential benefits, the majority of rational adults will not commit that
crime.

6. Based on what you know, how would you explain the theory of
the Italian or Positivist School of Penology?

* The Positivist School was founded by Cesare Lombroso and led by two others:
Enrico Ferri and Raffaele Garofalo. In criminology, it has attempted to find scientific
objectivity for the measurement and quantification of criminal behavior. Its method
was developed by observing the characteristics of criminals to observe what may be
the root cause of their behavior or actions.[1] Since the Positivist's school of ideas
came around, research revolving around its ideas has sought to identify some of the
key differences between those who were deemed "criminals" and those who were
not, often without considering flaws in the label of what a “criminal” is.

As the scientific method became the major paradigm in the search for knowledge,
the Classical School's social philosophy was replaced by the quest for scientific laws
that would be discovered by experts. It is divided into biological, psychological, and
social laws.