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FORMS OF PUNISHMENT

Debil, Raon L.
Edrea, Julius Y.
Tamayo, Jomar A.
Jimenez, Eric D.
Aquino, John Patrick Aldier
V.
Moreno, Jundel R.
Dechavez, Robert A.

If you talk
You just
repeating
What you know
But if you listen
You will learn
Something new

Debil, Raon L.
Edrea, Julius Y.
Tamayo, Jomar A.
Jimenez, Eric D.
Aquino, John Patrick
Aldier V.
Moreno, Jundel R.
Dechavez, Robert A.

FORMS OF
PUNISHMENT

FORMS OF PUNISHMENT
The punishment of criminals has
undergone many noteworthy changes,
reflecting custom, economic
conditions, and religious and political
ideas. In ancient times, the most
common state-administered
punishment was banishment or
exile. Only slaves were commonly
subjected to harsh physical
punishment for their misdeeds.

CAPITAL PUNISHMENT
Refers to the authorized execution
of convicted accused.

METHODS OF EXECUTION IN THE UNITED


STATES ARE THROUGH:

Gallows

Electric Chair

Firing Squad

Gas Chamber

Other countries

Burning at the Stake

Being Fed alive to Lions and other


animals

Walking the Gangplank

Death by Stoning

Disemboweling

Being boiled alive

Beheading or Drowning

Nailing to a Cross

Prescillian was the first recorded Christian


who was put to death in 385 A.D for being a
heretic.

Death as capital punishment was first used


in 1022 in Orleans, France when 13 heretics
were burned at the instigation of the
church.

Pope Innocent III


Pope Gregory IX
Pope Innocent IV

Nicholas Remy
Peter Binsfield

Lethal injection-refers to sodium


thiopenthotal, pancuronium bromide,
potassium chloride, and such other lethal
substances as may be specified by the
director that will be administered
intravenously into the body of a convict until
is pronounced dead.

The countries an territories, which have


abolished the death penalty, are divided into
3 categories. They are as follows:
Abolitionist de jure-those in which the death
penalty has been abolished by express
constitutional or legislative provisions. In this
group are Argentina, Australia(Queensland),
Austria Brazil, Colombia, Among others

Abolitionist de Facto- those whose positive


law(penal code or special statutes) makes
provision for the death penalty and where
sentences of death are passed but such
sentences are never carried out by virtue of an
established custom.

Almost Complete Abolitionist- those in which


the death penalty is laid down only which
capital punishment has, in fact, virtually
disappeared. In this group are New South
Wales in Australia, where the death penalty is
abolished for murder but not for treason and
piracy; North Dakota and Rhode Island in the
United States, which have abolished death
death sentenced for treason and murder in the
first degree.

DEPORTATION
Deportation-is a form of punishment,
either in lieu of imprisonment or
limited to aliens, who may be
returned to their country of origin or
of current citizenship.

Difference between Extradition and


Deportation
1.

2.

3.

Extradition is effective for the benefit of the state


to which the person being extradited will be
surrendered because he is fugitive criminal in the
state, while deportation is effective for the
protection of the state expelling an alien because
his presence is not conducive to the public good.
Extradition is effective on the basis of an
extradition treaty or upon the request of another
state, while deportation is the unilateral act of
the State expelling an alien.
In, extradition the alien will be surrendered to the
state asking for his extradition, while in
deportation, the undesirable alien may be sent to
any state willing to accept him.

Confinement
or
Imprisonment

CONFINEMENT
Is the state of being confined; restraint
within limits; restraint within doors by
sickness; any restraint of liberty by force or
other obstacle or necessity; hence
imprisonment. The term imprisonment is
used in the case of penalties provided for
crime s in the revised penal code and
special laws (Moreno 453)

Confinement was used


to :
1.Detain people before trial;
2.Hold prisoners awaiting other
sanctions, such as death and
corporal punishment;
3.Coerce payment of debts and fines;
4.Holds and punish slaves;
5.Achieve religion indoctrination and
spiritual reformation; and

Incarceration
Is the detention of a
person in jail,
typically as
punishment for a

Imprisonment
Imprison - means
to place in some
place of detention,
usually a jail or
prison.

Imprisonment refers
to forcible confinement
by the law. A forcible
detention in the street or
a touching of a person by
a peace officer by way of
arrest is imprisonment

FINES
Is a pecuniary punishment
imposed by a lawful tribunal or
court upon a person convicted
of
crime
or
misdemeanor
.
To ways of

determining fines :
Fixed-sum Rate
System

Supervision of an
involuntary
nature
In lieu of imprisonment (as in
probation) or as the result of
shortening of prison sentence (as in
parole), supervision of an involuntary
nature has been used in united States
and civil law countries. It is part of the
concept of community corrections. A
number of states in United States of
America have developed house arrest
concept requires convicted offenders
to spend extended periods of time in

Enforced
Therapy
An Therapy, usually a
psychiatric nature, is
sometimes imposed upon an
offender. This can involve
confinement in psychiatric
institution, or it can be
substitute for such

Corporal Punishment
Is a kind of physical punishment
involves the deliberate infliction
of pain as retribution for an
offense or for the propose of
disciplining or reforming a
wrongdoer, or to deter attitudes
or behaviour deemed
unacceptable . It is any kind of
physical punishment inflicted on

Corporal punishment may


be devided into three main
1.Parental
types OR Domestic Corporal

punishment - within the family, typically,


children punished by parents by parents or
guardians.
2.School Corporal Punishment with in
schools when students are punished by
teachers or schools administrators or in the
past, apprentices by master craftsmen.
3.Judicial Corporal punishment as part of a
criminal sentence ordered by a court of law.
Closely related is prison corporal punishment
ordered either directly by the prison authorities

Transportation
This refers to a particular form of banishment in which an
offender is compelled to move to a colony, a desolate outpost
in his own country, or elsewhere. This forced movement was
at one time widely popular in England, with felons being
transported to its plantation colonies in Virginia, Georgia,
Australia, other British possessions, and elsewhere. This
move was also prompted by consideration of economy and
convenience and by the demand for more laborers in the
colonial areas. It supplied labor, and was actually profitable
for the government, since manufacturers and plantation
owners paid for convicts service. The Old Bailey Court in
London supplied at least 10,000 convicts to the colonies
between 1717 and 1775. After the convicts served a period at
labor, they were granted their freedom.

1673 Open Air Building

1737 Refronting

1774 Reconstruction

1907 Current Building

Transportation as a form of
punishment was also popular in
France, which gained notoriety for
Devils Island, Its penal colony of
transported felons in South America
( actually, more of a huge
concentration
camp
and
prison
labor
Deportation, known as relegation by
camp
than
a
colony).
the Roman imperial time, is a mild
form of transportation; it might be for
a time or for life, and generally did not
involve confiscation of property.
Felons might be sent to an island or
elsewhere. In England, transportation

Excommunication
It is the practice of making an
individual a complete pariah, so that
no one should have any contact with
him. In a country where all residents
obey the order to avoid relationships,
excommunication amounts to a virtual
sentence of death. It disappeared as
official criminal punishment when
theocracies were replaced by secular
states. It is still practiced on rare
occasions by some orthodox religious

Exile or Banishment
The act of compelling a person to leave the
country in which he resides and of which,
usually, he is a citizen. The practice has
fallen into disuse except fir political crimes,
when a new regime has come into power
and those associated with the old regime
have been sent or permitted to go into
exile. Exile is of course dependent upon the
offenders finding asylum or haven
elsewhere.
The ACIENT ROME is known as the nation
who pioneered banishment as a form of
punishment. In Greece, the Greek

SLAVERY
The denial of natural rights of a person to do as he
pleases, and it consisted in the subjection of an
individual to the owner ship of another . It is the
system which the people are treated as property and
are force to work.
In our jurisdiction is a felony committed by any one
who shall purchase, sell, kidnap or detained a human
being for the purpose of enslaving (Art. 272, Revised
Penal Code )
In roman imperial times however the master were not
permitted to kill their slaves merely because the fell
sick and were consequently useless or to condemn
their slave to be torn be wild beast in the arena,
except as a punishment for a wrong, and to except
also that such punishment was a approved by a
magistrate. Emperor Atoninus declared that a man
who will fully killed his own slave should be punished
just as he killed he had killed the slave of another

Permanent Physical Injury


Is a special form of corporal punishment in which a
part of the body, often the offending part is
removed. Thus the hand of thief is amputated and
rapist is castrated.
PURPOSE OF PUNISHMENT OR CRIMINAL
SANCTIONS
There are primary and secondary element of
punishment. The primary elements.
1.The moral responsibility of the convict .
2.The relation of the convict to the private
complainant
3.The intention of the convict.
4.The temptation to the act or the excuse .
The secondary elements are:

TU
I
T
NS

AL
N
TIO
C
O
R
R
E
C
T
I
O
N
S

Criminal Sanctions

Purposes
of

Punishment
or

riminal Sanctions

e are primary and secondary elements of Punishment.

rimary are :

he Moral Responsibility of Convict

e Relation of the convict to the Private Complainant

The intention of the Convict ; and

e temptation to the act or the excuse for the crime

e Secondary element are :


1.The Reformation of the offenders

e Prevention of further offenses by the offenders ; and

he Repression of the offenses in others.

n
Re
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Retribution
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Retribution

goal of this punishment is that offender should PAYBACK


ety foe the harm he or she done.
al of retribution is to retaliate for the wrong done
ch a way that the nature of the punishment reflects the
re of offense (Fairchild & Dammer 215 ) .

Retribution in ethics and law means Let the Punishment fit the
Crime
which is the principle that the severity of penalty for misdeed or
wrong
doing should be reasonable and proportionate to the severity of the
infraction .
It is probably a very old principle dating back at least to biblical times
(Biblical Mosaic Law),
as found in the Old Testament ; Life shall go for life , eye for the eye,
tooth for tooth, hand for hand, foot for foot ( Deuteronomy 19:21)

Retribution is often confused with revenge but there are


distinct difference .
Retribution embodies the concept that an offender
should
receive what he rightfully deserves (known as Just
deserts)
, and that society is made whole
when a criminal has Paid his debt to it. Revenge,
or the idea that society has a right to vent its wrath upon
those who
have committed heinous acts, is abjured by the most
modern thinkers
as inconsistent with the values or civilized societies, but
nonetheless appears to appeal
to many people during periods of violent crime.

I
N
C
A
P
A
C
I
T
A
T
I
O
N

INCAPACITATION

sists of the removal of the offender from the society


e execution or confinement),
ng such measures as to make commission of the crime impos
utation, castration, or some other physical injury ).
citation the offender, usually through prison exile,
be denied the opportunity to commit further crimes.

a punishment foal refers, in its most general sense,


stricting as offenders freedom of movement.
mably, society is protected when the offender cannot
freely about in community.
rically, incapacitation was achieved almost solely through
ceration in jails and prisons ( Reichel 240-241)

DETERRENCE
This is based on the idea that
punishment of an individual
offender will deter him from
committing the same or other
offenses in the future (specific
deterrence) and will convince
others that crime does not pay
(general deterrence).

The deterrence fork has two


prongs: specific and general
deterrence. Specific deterrence
means that the offender is
punished for the purpose of
deterring his or her personal acts
of future wickedness. General
deterrence means that the
offender punished in the belief
that the penalty will prevent

REHABILITAION
Rehabilitation means the return to a
former existence achievement. It
evokes a sence of restoration or
reinstatement. The concept has a
certain limited utility in describing a
once law-abiding individual who, for
one reason or another, deviated from
his usual practices into criminal
behavior. The goal with such
individual would logically be to

Rehabilitation
is the process of
rectifying or modifying
a childs negative
attitude and behavior.
It enables the child to
change his or her
negative behavior into

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