Module 2: Punishments Institutional Correction

PUNISHMENT

Introduction: History of Punishment

The content of this module is the Punishment. As you read this
material, you will be able to know the History of punishment.
Likewise, you will know more about the significance of
punishment and the different ancient’s forms of punishment,
and also the Theory justifying imposition of penalty. Major
principles will also be part of this module so that your ideas on
Effects of Punishment and exemptions will be widen. After the
content discussion, you are given exercises to work on.
Towards the end of this module, you are tasked to give your
own reflections. All these activities will deepen and strengthen
your understanding about the lesson presented. Do the task
honestly coupled with high interest so that you can benefit the
most of it.
Learning outcome: Can
discuss the concept of
punishment and its
purpose.
• after much agitations and protests on the part of the colonies.
The earliest form of punishment was death, torture, maiming
and banishment. The jail was introduced in Medieval Europe as
a place of confinement of persons arrested and undergoing
trial, and for those convicted of minor offenses such as
drunkenness, gambling and prostitution. Death, corporal
punishment and banishment were still the penalties for offenses
which today are punishable by imprisonment. Later, convicted
offenders were chained to galleys to man the ships of war.
England, France and Spain used the transportation system of
punishment by indenturing their convicts to penal colonies
where they served as slaves until they completed their service
of sentences.
Transportation of offenders to penal colonies was practiced
principally by Europe countries that had acquired distant
colonies because of the need to import labor into these
colonies. England, more than any other imperialistic country in
Europe, made extensive use of transportation England first
began transporting prisoners in 1718, by sending her Convicts
to American Colonies until the American revolution. When the
colonies obtained their independence, England diverted her
convicts to Australia and New Zealand. England abandoned
transportation of prisoners in the last half of the 19th century,

Punishment

- Is a means of social control. It is a device to cause

1. Identify and explain the
contemporary forms of people to become cohesive and to induce conformity.
punishment and the Theories - Is the infliction of some sort of pain on the offender for
Justifying Imposition of Penalty
violating the law.
(Punishment)
• Can discuss the judicial
condition of penalty and
other consequences of
punishment
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- Penalty imposed, as for transgression of law any pain,
penalty, forfeiture or confinement imposed by the court
for a wrong doing.
EARLY CODES
1. Babylonian and Sumerian Codes
• Lex Taliones (eye for an eye) based on Sumerian Code
(1860 B.C.)
• Code of King Hammurabi (1750 B.C.)- 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. 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. The code consists of
282 laws with scaled punishments.
• Book of Covenant (1250 B.C)
2. Crime and Sin- “get right with God”, directive that the
offender must make peace with God through repentance and
atonement. The early codes even the Ten Commandments
were designed to make the offender’s punishment
acceptable to both society and God.
3. Roman and Greek Codes
• Code of Justinian (sixth century A.D)- the legal code of
Ancient Rome; codified under Justinian which is the
basis for many modern systems of civil law.
• Code of Draco in Greece- concept of public good is
more important than individual injury or vengeance.
4. Middle Ages- reformation was viewed as a process of
religious, not secular, redemption. As in early civilizations, the
sinner had to pay two debts, one to society and another to
God.
Notes:
Institutional Correction
• Inquisition- a former Roman Catholic tribunal for the
discovery and punishment of heresy; an investigation
conducted with little regard for individual rights through
a severe questioning. Emperor Frederick II made the
inquisition a formal institution in 1224 and lasted until
1834. The main contribution of the medieval church in
the history of correction is the concept of free will”.
ANCIENT FORMS OF PUNISHMENT
Death Penalty (Capital Punishment)- sentencing a
convicted person to death by means of hanging, burning,
immersing in boiling oil, feeding to wild animals and other
barbaric ways.
PUNISHMENT OF PRIMITIVE SOCIETY
ü Death by Sewing
ü The Garrotte
ü Guillotine
ü Premature Burial
ü Hanged, drawn and Quartered
ü Electric Chair
ü Firing Squad
Death penalty per se does not violate the constitutional
rights against cruel, degrading and unusual punishment.
Punishment so if it involves torture or a lingering death but the
punishment of death is not cruel within the meaning of the
word as used in the 1987 Constitution. It implies there
something inhuman and barbarous, something more the mere
extinguishment of life. (People vs. Mercado, GR No. 116239,
November 29,2000).
ANCIENT FORMS OF PUNISHMENT: Punishment of Primitive
Society
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DEATH PENALTY (Capital punishment)- Sentencing a convicted
person to death by means of hanging, burning, immersing in
boiling oil, feeding to wild animals and other barbaric ways.
Origins of Capital Punishment (Death Penalty)"
Since the earliest societies, capital punishments which are
often referred to as the death penalty, has been used as a
method of crime deterrence since the earliest societies.
Historical records show that even the most ancient primitive
tribes utilized methods of punishing wrongdoers, including
taking their lives, to pay for the crimes they committed. Murder
most often warrants this ultimate form of punishment. "A life for
a life" has been one of the most basic concepts for dealing
with crime since the start of recorded history.
As tribal societies developed into social classes and
humankind created its own self-governed republics, capital
punishment became a common response to a variety of
crimes, including sexual assault, treason, and various military
offenses. Written rules were created to notify the people about
the penalties they would face for participating in any of these
misdeeds. One of the earliest written documents that
supported the death penalty was the Code of Hammurabi,
which was written on stone tablets around 1760 BC. It
contained 282 laws that were collected by the Babylonian
King Hammurabi, including the theory of an "eye for an eye."
Several other ancient documents supported capital
punishment, including the Jewish Torah, the Christian Old
Testament, and the writings of an Athenian legislator named
Draco, who proposed the death penalty for a large variety of
misdeeds in ancient Greece.
Early forms of capital punishment were designed to be
slow, painful, and torturous. In some ancient cultures, law
breakers were put to death by stoning, crucifixion, being
burned at the stake, and even slowly being crushed by
elephants. Later societies found these methods to be cruel
and unusual forms of punishment, and sought out more
Institutional Correction
humane practices. During the 18th and 19th centuries, legal
bodies found faster and less painful approaches to the death
penalty, including hanging and beheading with the guillotine.
While these were still violent and bloody practices that were
often large public spectacles, the end result was usually
instantaneous and therefore seen as more compassionate.
In the United States, capital punishment has existed
since the founding of the original colonies, and was utilized for
a large number of crimes including burglary, murder, treason,
counterfeiting, and arson. Outside of the law, lynch mobs often
formed to bring the accused to justice. Law makers in the U.S.
began to review and revise policies behind the death penalty
around the time of the American Revolution. In 1791, the
American Constitution was amended for the eighth time, to
prohibit any form of punishment considered "cruel and
unusual." Although this was not an attempt to ban capital
punishment, it did begin a movement towards carrying out
more humane executions. By the late 1800s, employees of
Thomas Edison introduced the electric chair to accomplish this
goal. Later, in the 1970s, lethal injections entered the foray as
another option.
Death by Sawing
Over time, the death penalty
has become even more
controversial throughout the
world. Opponents to the
practice declare it to be
inhumane and unfair, and
believe that no life should be
taken, regardless of the crime that has been committed. DNA
testing has proven the innocence of several individuals on
death row, and the argument that no one should be executed
to avoid killing an innocent individual has grown in response.
Several states in the U.S. no longer support the death penalty,
and many countries have abolished the practice completely.
 Module 2: Punishments Institutional Correction

in France and the last one was in 1977.

This form of execution is most closely associated with the reign
of the Roman Premature Burial
Emperor Caligula. The criminal was attached to an arch of Somewhat self-
wood and then sawn vertically from the groin down through explanatory, this
the skull. technique has been
used by governments
Pictured s a throughout history to
1901 execution of a execute condemned
prisoner at Bilibid Prisonin prisoners. One of the
Manila Garotting was latest documented
outlawed in the Philippines cases was during the
in 1902. Nanking Massacre in
1937 when Japanese troops buried Chinese civilians alive.
Garotte was used
in Spain for hundreds of Hanged, Drawn, and Quartered
years, the garotte is an Used mainly in
efficient means of England, it is widely
execution by asphyxiation. considered to be
In an one of the most
The Garottes earlier version, the victim brutal forms of
was tied to a stake and a loop of rope was placed around execution ever
his/her neck. A rod in the loop was turned until the rope devised. As the
tightened, choking the victim. In later versions, the stake was name implies it
replaced with a chair in which the victim was bound, and the came in three
rope was replaced with a metal collar. Until 1940, Spain parts. In the first the
implemented a version of the garotte which included a metal victim was tied to a
spike which was driven into the spinal cord as the collar wooden frame and
tightened. dragged to the location of their execution (drawn). They were
Guillotine then hung until nearly dead (hanged). Immediately after
Conceived in the late 1700's this was being taken down their abdomen was opened and their
one of the first methods of execution entrails were removed. As the victim watched they were then
created under the assumption that burned before his or her eyes. He was then also emasculated
capital punishment was intended to end
and eventually beheaded. After all of this his body was divided
life rather than inflict pain. Although it
was specifically invented as a human into four parts (quartered) and placed various locations
form of execution it has been outlawed around England as a public crime deterrent. This punishment
was only used on men for any convicted woman would
generally be burnt at the stake as a matter of decency.
 Module 2: Punishments Institutional Correction

a fairly old practice. Some reasons for its use are that firearms
ELECTRIC CHAIR are usually readily available and a gunshot to vital organ
Execution by electrocution, usually usually kills relatively quickly. Before the introduction of firearms,
performed AY using an electric chair, bows or crossbows were often used- Saint Sebastian is usually
is an execution method originating in depicted as executed by a squad of Roman auxiliary archers
the United States in which the in around 288 AD; King Edmund the Martyr of East Anglia, by
condemned person is strapped to a some accounts, was tied to a tree and executed by Viking
specially built wooden chair and archers on 20 November 869 or 870 AD.
electrocuted through electrodes
placed on the head and leg. This A firing squad is normally composed of several military
execution method, conceived in 1881 personnel or law enforcement officers. Usually, all members of
by a Buffalo, New York dentist named the group are instructed to fire simultaneously, thus preventing
Alfred P. Southwick, was developed both disruption of the process by a single member and
throughout the 1880s as a humane identification of the member who fired the lethal shot. To avoid
alternative to hanging and first used in the disfigurement of multiple shots to the head, the shooters
1890. This execution method has been used in the United are typically instructed to aim at the heart, sometimes aided
States and, for a period of several decades, in the Philippines by a paper target. The prisoner is typically blindfolded or
(its first use there in 1924, last in 1976). Historically, once the hooded, as well as restrained, although in some cases prisoners
condemned person was attached to the chair, various cycles have asked to be allowed to face the firing squad without their
(differing in voltage and duration) of alternating current would eyes covered. Executions can be carried out with the
be passed through the individual's body, in order to cause condemned either standing or sitting. There is a tradition in
fatal damage to the internal organs (including the brain). The some jurisdictions that such executions are carried out at first
first more powerful jolt of electric current was designed to pass light, or at sunrise, which is usually up to half an hour later. This
through the head and cause immediate unconsciousness and gave rise to the phrase "shot at dawn."
brain death. The second less powerful jolt was designed to
cause fatal damage to the vital organs. Death may also be Execution by firing squad is distinct from other forms of
caused by electrical overstimulation of the heart. execution by firearm. Such as an execution by a single firearm
to the back of the head or neck. However, single shot by the
FIRING SQUAD squad's officer with a pistol is sometimes incorporated in a firing
Execution by firing squad execution, particularly if the initial volley turns out not to
squad, sometimes be immediately fatal.
called fusillading (from
the French fusil, rifle), is
a method of capital
punishment, particularly
Common in the military
and in times of war.
Execution by shooting is
 Module 2: Punishments Institutional Correction
domestic, military, and academic settings. Administration was
commonly done by a short lash at the end of a solid handle about
Death penalty per se does not violate the constitutional rights three feet long lines, or cords fastened to a handle (cat-o' or by a
against cruel, degrading and unusual punishment. Punishment whip made of nine knotted wires, nine-tails), sometimes with barbed-
wire spikes worked into the knots.
so if it involves torture o lingering death but the punishment of
death is not cruel within the meaning of the word as used in The Brazen Bull
the 1987 Constitution. It implies there something inhuman and The Brazen Bull
barbarous, something more the mere extinguishment of life. was a hollow
(People v. Mercado GR No. 116239, November 29, 2000) brass statue
crafted to
CORPORAL PUNISHMENT (Physical Torture) resemble a
Torture, flogging, beating, branding, mutilation and blinding real bull.
are among the means of corporal punishment (any physical Victims were
pain inflicted short of death). Many tortures were used to placed inside,
extract a "confession" from the accused, often resulting in usually with
death penalty for an innocent person. Mutilation was often their tongues
used in an attempt to match the crime with an appropriate" cut out first.
punishment. The door was
shut, sealing them in. Fires would then be lit around the bull. As
Early Babylonian law developed the principle of lex the victim succumbed to the searing heat inside, he would
talionis, which asserted that criminals should receive as thrash about and scream in agony. The movements and
punishment precisely those injuries they had inflicted upon their sounds, muted by the bull's mass, made the apparatus appear
victims. Many subsequent societies applied this "eye-for-an-eye he sounds inside like those of a real bull. This effect created
and tooth-for-a tooth" principle quite literally in dealing with additional amusement for the audience, and served the
offenders. From ancient times through the 18th century, added benefit of distancing them from the brutality of the
corporal punishments were commonly used in those instances torture, since they couldn’t directly see the victim. Legend has
that did not call for the death penalty or for exile or it that this device was invented by a Greek named Perillus
transportation. But the growth of humanitarian ideals during (Perilaus in some sources) for a tyrant named Phalaris of
the Enlightenment and afterward led to the gradual Agrigentum. Expecting a handsome reward for his creativity,
abandonment of corporal punishment, and by the later 20th Perillus instead became the first person placed inside the
century it had been almost entirely replaced by imprisonment Brazen Bull. By some reports, Phalaris himself became an
or other nonviolent penalties. eventual victim of the bull when his
Flogging subjects grew tired of his
Otherwise known as whipping mistreatment
flogging became a common
punishment in almost all Western Wheels
civilizations. The method was used Wheels were adapted to many
particularly to preserve discipline in torturous uses. They could be part of
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a stretching rack, but medieval torturers were far too creative
to leave it at that. Early torturers were fond of tying someone to
a large wooden wheel, then pushing it down a rocky hillside. A
more elaborate method involved a wheel mounted to an A-
frame that allowed it to swing freely. The victim would be tied
to the wheel, and then swungacross some undesirable thing
below – fire was always a good choice, but dragging the
victim's flesh across metal spikes also worked well. The wheel
itself could also have spikes mounted on it, so the pain came
from all directions. Instead of swinging, the wheel might turn on
an axle. The difference was likely immaterial to the victims.
One of the most horrible wheel tortures was akin to
crucifixion. The victim would have the bones in all four limbs
broken in two places by strikes from an iron bar. Then, the
shattered limbs were threaded through the spokes of a large
wheel. Finally, the wheel would be attached to the top of a tall
wooden pole and left out in the sun for days. The victim might
be alive for hours, enduring the agony of his or her mangled
arms and legs and the relentless sun, not to mention the
attentions of crows.
PUBLIC HUMILIATION OR SHAMMING- the purpose of this was to
put the offender to shame. This was affected by use of stocks
and pillory, docking stool, branding, shaving off the hair etc.
Pillory
BANISHMENT OR TRANSPORTATION
This is the sending or putting
away of an w offender which was
carried out either by a prohibition
against coming into a specified
territory, or a prohibition against going
outside a specified territory, such as
island to where the offender has
been removed.
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Convicts on their way to Transportation from London
Brief Origin of Banishment
The first
major
innovation in
eighteenth-
century penal
practice was
the substantial
expansion of
the use of
transportation
by England. Although it was believed that transportation might
lead to the reformation of the offender the primary motivations
behind this punishment were a belief in its deterrent effect,
and a desire to simply remove hardened criminals from
society.
Although many convicts were transported in the seventeenth
century, it was done at their own expense or at the expense of
merchants or ship-Owners. In the early eighteenth century
transportation came to be seen as a way of creating an
effective alternative to the death penalty that avoided the
apparent leniency of the other main options: benefit of clergy
and whipping. In 1718 the first Transportation Act allowed the
courts to sentence felons guilty of offences subject to benefit
of clergy to seven years transportation to America.
In 1720 a further statute authorized payments by the state to
the merchants who contracted to take the convicts to
America. The first Transportation Act also allowed those guilty
of capital offences and pardoned by the King to be
sentenced to transportation and established returning from
transportation as a capital offence In 1776 transportation was
halted by the outbreak of war with America. Although convicts
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continued to be sentenced to transportation, male convicts
were confined to hard labor in hulks on the Thames, while
women were imprisoned. Transportation resumed in 1787 with
a new destination: Australia. This was seen as a more serious
punishment than imprisonment, since it involved exile to a
distant land.
In the early nineteenth century, as part of the revisions of the
criminal law, transportation for life was substituted as the
maximum punishment for several offences which had
previously been punishable by death.
Opposition to transportation mounted in the 1830s,
however, with complaints that it failed to deter crime, did not
lead to the reformation of the convicts, and that conditions in
the convict colonies were inhumane. The number of convicts
sentenced to transportation began to decline in the 1840s.
Transportation was theoretically abolished by the Penal
Servitude Act of 1857, which substituted penal servitude for all
transportation sentences.
CONTEMPORARY FORMS OF PUNISHMENT
1. Imprisonment- the most common form of punishment.
Putting offenders in prison for the purpose of protecting
the public and at the same time rehabilitating by
requiring the latter to undergo institutional treatment
program.
2. Payment of Fines- this is common to violations of minor
offenses. However, there are crimes where fines are
imposed with imprisonment.
3. Parole- is defined as a procedure by which prisoners
are selected for release on the basis of individual
response the progress within the correctional institution
and service by which they are provided the necessary
Institutional Correction
controls and guidance as they serve the remainder of
their sentence within the free community.
4. Conditional Pardon- executive clemency power to be
exercise exclusively the Chief Executive/President. The
imposition of conditions is likewise within the discretion
of the President.
5. Probation- it is a procedure under which an accused
found guilty of a crime is released by the court with
conditions and subject to the supervision of the
probation officer.
6. Death Penalty- sentencing a convicted person to
death especially to those who convicted of heinous
crime.
7. Corporal Punishment- physical torture as punishment
short to death penalty are still practice in other states
but not here in the Philippines because of the
Constitutional Prohibition for such imposition.
8. Banishment- otherwise known as transformation, this is
carried out by sending or putting away of an offender
either by a prohibition against coming into a specified
territory, or a prohibition against going outside a
specified territory such as Island to where the offender
has been removed.
9. Community Service- like payment of fines, this is
commonly imposes to those simple infraction of laws.
JUSTIFICATION OF PUNISHMENT
1. Retribution- personal vengeance
2. Expiation or Atonement- group vengeance
3. Deterrence or Exemplarity- imposing penalty to
deter criminality
4. Protection/Social Defense- shown by its inflexible
severity to recidivist and habitual delinquents
5. Reformation- as shown by the rules which regulate
the execution of the penalties consisting in
deprivation of liberty.
 Module 2: Punishments
Theories Justifying Imposition of Penalty (Punishment)
1. 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
2. Self-Defense theory- the state has the right to punish the
criminal as a measure of self- defense so as to protect society
from the threat and wrong inflicted by the criminal
3. Reformation Theory- the object of punishment to correct
and reform the offenders.
4. Exemplary Theory- the criminal is punished to serve as an
example to deter others from committing crimes.
5. Justice Theory- the crime must be punished by the states as
an act of retributive justice a vindication of absolute right and
moral law violated by the criminal
Constitutional provision for the imposition of punishment
Section 1, Article III of the 1987 Constitution is the main
provision in prescribing. Limitation for punishment.
"No person shall be deprived of life, liberty, or property
without DUE PROCESS OF LAW nor shall be denied the EQUAL
PROTECTION OF THE LAWS"
Considering that by imposition of punishment, a person
may be deprived. of life, liberty or property, the Constitution
requires the observance of two Constitution guarantees: 1).
Due process of law; and 2). Equal Protection of the laws.
JUDICIAL CONDITIONS OF PENALTY
1. Must be productive of suffering- without however
affecting the integrity of the human personality.
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2. Must be commensurate with the offense- different
crimes must be punishable with different penalties.
3. Must be personal- no one should be punished for the
crime of another
4. Must be legal- it is the consequence of a judgement
according to law
5. Must be certain- no one may escape its effects
6. Must be equal to all
7. Must be correctional
Effects of Punishments
It is recognized that some form of punishment can be
effective when applied in the right amounts and at the right
time. But when the ideology of punishment is applie0m a
correctional institution, result is usually negative for both the
punished and the punished Correctional personnel tend to
watch for minor rule infringements or non-conformism so that
punishment can be administered, and they overlook the any
positive actions by offenders. Often the rules that are prepared
for a punishment-oriented environment surround the offender
with a wall of "do not," leaving almost no leeway to do
anything. As evidence a high crime rate, it seems that
punishment is ineffective to stop criminal activities and the
process, punishment is enforced more severely as a means to
control criminal behavior. Which in turn makes the offender
become more sophisticated in perpetrating his criminal
activities with the belief that makes him or her less likely to be
detected.
With the continued application of coercive methods;
the offender became hardened the Punishment, and the
administrators learn to dole it out automatically as their only
means of control both parties are degraded in the process.
However, there are other factors that contribute to make
punishment a least effective means of reducing crime:
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1, Over severity of punishment may arose public sympathy for
the offender.
2. Those persons most likely to be imprisoned are already
accustomed to experience deprivation and frustration of goals
routinely in daily life.
3. It is impossible to fashion a practical legal "Slide Rule" which
will determine exact degrees of retribution appropriate for the
list of crimes ranging from simple theft to murder.
4. The simple application of naked coercion does not
guarantee that the subject of its force will alter their behavior
to conform to new legal norms or to improve their conformity
with norms previously violated.
5. The possibility of deterrence varies with the chances of
keeping the particular type of crime secret and consequently
of avoiding social reprobation.
EXEMPTIONS FROM PUNISHMENT
Not everyone found violated penal laws will be
subjected to punishment. Under Article 12 of the Revised Penal
Code as amended, the following are the enumerated
circumstances which exempt a person from criminal liability;
1. An imbecile or an insane person, unless the insane
person has acted during lucid interval.
2. A minor under 15 years of age.
3. A minor over 15 years of age but under 18 unless he
acted with discernment.
4. Any person who, while performing a lawful act with due
care, causes an injury by mere accident without fault
or intention of causing it
5. Any person who acts under the compulsion of an
irresistible force
6. Any person who acts under the impulse of
uncontrollable fear of an equal or greater injury
7. Any person who fails to perform an act required by law,
when prevented by some lawful or insuperable cause.
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There are also persons exempt from the operation of our
criminal laws by virtue of the principles of public
international law. These persons are sovereigns and other
Heads of States, Ambassadors, Minister Plenipotentiary,
Minister resident and charges d’ Affaires.
SCHOOLS OF THOUGHT IN CORRECTION
A. PRE-CLASSICAL THEORIES
• Secular Theory of Punishment- The first person when
attempted to explain crime is Aristotle, an Athenian
philosopher In his book entitled "Nicomedean Ethics",
he discussed the philosophy of corrective justice.
According to him, punishment is a means of restoring
the balance between pleasure and pain whereby the
loss suffered by the victim is compensated by the
suffering of the offender hence, restoring the balance
between the injured and the transgressor"
ARISTOTLE
• Judean-Christian Theory This
theory adhered that punishment has
a redemptive purpose of repelling sin
advocated by the devil. This theory
was at its fullest development during
the death of Christ in 30 A.D.33
• The Rise of Canonical Courts
(Church' Court)- In the history, a
system of trial and punishment was
established in the 4th Century A.D.
The rivalry existed between church
and state in trying offense. In the early Christian era, the
church forbid its adherence to resort to state court and
later in the medieval period the power of state courts
declined and the power of Canonical court was mainly
reformatory in purpose.
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• Individualization of Punishment- the lawmakers and
judges had the practical task of making and
administering law not only in the light of such theories of
free will and responsibility, but also face to face with
the indignation of the community at a particular
offense.
• Abuse of Judicial Individualization - the law gave
judges wide discretion to impose additional penalties in
view of the circumstances. This theory gave the judges
tyrannical power which led to abuses. Class
discrimination in the administration of justice arose.
B. CLASSICAL SCHOOL
This theory considered man as a free moral agent therefore he
is responsible for his acts. The classical theory came about as a
direct result of two influences: (1). It came about as a protest
against the abuses of discretionary power of judges; and (2).
Influenced by the School of French philosopher and writer
ROUSSEAU and his writings contained in his book "Social
Contract”
Cesare Beccaria published his book entitled
"Crime and Punishment in 1764 protested
against cruelties and inequalities of the law
and the courts during that time. Beccaria
suggested that it is the legislature not the
court must determine the exact punishment
appropriate to each crime. No discretion
would thus be left to the judge.
Beccaria's protest was directed against the following:
1. Arbitrary penalties given by judges
2. Uncertainty and obscurity of the laws
3.Defects in criminal procedure in admission of testimonies
4. Secret accusations
5. Torture
6. Incrimination of witnesses
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7. Long pending cases
8. Abuse of power by rich against the poor
Advantages of Classical School
a. Easy administration
b. Elimination of arbitrary sentence
Disadvantages of Classical School
a. Unfairness men are treated equally without regard to
differences in individual nature of the circumstances
b. Punishment is not individualized
c. Professional criminals may calculate the risks of commission
of the offense
d. Focused on the injury as the result of the crime, not the state
of mind and nature of the criminal
e. It is more idealistic than realistic.39
C. NEO-CLASSICAL SCHOOL- the principles of classical school
remained intact but the system of defined and variable
punishment was modified. The judge was given discretion in
certain crimes to vary punishments between the maximum
and minimum fixed by law.
Significant contributions of Neo-Classical School
1. Exempting circumstances
2. Reduction of Punishment for partial freedom of the will only
partial punishment
3. Punishment mitigating for lack of full responsibility
4. It represents the reaction against the severity of the classical
theory of equal punishment irrespective of circumstances
D. POSITIVE SCHOOL (The Italian School) - defined
individual responsibility and reflected an
essentially non-punitive reaction to crime and
criminality. Since the criminal was held to be not
responsible for his acts, he was not be punished.
The adherents of this school maintained that a
crime, as any other act, is a natural phenomenon.
 Module 2: Punishments Institutional Correction

CESARE LOMBROSO These are among the beliefs of Garofalo regarding natural
crime and peculiarities of offender:
According to Lombroso there are three 1. Peculiarities: Particular characteristics that place offenders
great classes of criminals: 1). Born Criminals at risk for criminal behavior
(atavism); 2), Insane Criminals (idiot, 2. Extreme criminals: Execution for punishment
imbecile, dementia, paralysis, etc.); and 3). 3. Impulsive criminals: Imprisonment for punishment
Criminaloids (not born with physical stigma 4. Professional criminals: Punishment is "elimination" either by life
but who are of such mental make-up that imprisonment or transportation to a penal colony overseas
they display anti-social conduct. 5. Endemic criminals: Controlled through changes in the law
Psychological defect, not physical)
E. MODERN CLINICAL SCHOOL - it studies the criminal rather
than the crime. School is interested primarily in the personality
ENRICO FERRI of the criminal himself in order determine the conditioning
circumstances that explain his criminality and in order obtain
Published in 1878 The ‘Theory of Imputability light upon problem of how he should be handled.
and Denial of Freewill", and Criminal
Sociology in 1884, Ferri contributed to
emphasis upon the social factors: 1).
Physical factors, including geographical
climate and temperature; 2).
Anthropological, including psychological;
and 3). Social, including economic and
political factors as well as gender,
education and religion.

RAFFAELE GAROFALO

According to him, crime can be understood only as it is studied

by scientific methods. The criminal is not a free moral agent,
but is the product of circumstances. He traced roots of criminal
behavior to psychological equivalents to stigmata called
"moral anomalies" Likewise, natural crimes found in all society,
regardless of the views of lawmakers, and no civilized society
can affords to disregard them.
 Module 2: Punishments Institutional Correction

2. Explain judicial condition of penalty and other

consequences of punishment?
Essay: Utilization of Additional Sheet of paper if necessary is
permissible.

1. Discuss the historical development of punishment.

 Module 2: Punishments Institutional Correction

TRUE OR FALSE: Write TRUE if the Statement is correct and FALSE

if it is otherwise then state the correct statement.

3. In your own thoughts/words what is the significant of _________1. Punishment can be utilized by the government as a
punishment? means of social control to cause people to become cohesive
and to induce conformity with the prescribe laws, rules and
regulations.

_________2. Punishment by means of hanging, burning,

immersing in boiling oil and feeding to wild animals are forms of
corporal punishment.

__________3. Punishment must be commensurate with the

offense which means that different crimes must be punished
with different penalties.

__________4. Punishment often isolates the criminal, leaves in

him a stigma and develops in his person a strong resentment of
authority.

__________5. Any who has violated penal laws will be subjected

to punishment.
 Module 2: Punishments Institutional Correction

1. Discuss the concept of Punishment and its purpose.

Module 2: Punishments Institutional Correction