Question
Good day. Can someone help me formulate multiple choice questions out of these topics for at least a 1-50 items? Moreover, please provide me with
Good day. Can someone help me formulate multiple choice questions out of these topics for at least a 1-50 items? Moreover, please provide me with your answer.
CORRECTION ADMINISTRATION
(INSTITUTIONAL CORRECTION)
CORRECTION - A branch of the Criminal Justice System
concerned with the custody, supervision and rehabilitation
of criminal offenders.
Correction came from the root word "CORRECT"
which mean "to right a wrong.
CORRECTIONAL ADMINISTRATION - the study and practice
of a system management of jails or prisons and other
institution concerned with the custody, treatment and
rehabilitation of criminal offenders.
PENOLOGY - is the study of punishment of crime or of
criminal offenders. It includes the study of control and
prev ention of crime through punishment of criminal
offenders.
The term deriv ed from the Latin word "poena"
which means "Punishment" pain or suffering.
Penology is otherwise known as Penal Science.
(Classical Doctrine Influence)
PENAL MANAGEMENT - refers to the manner or practice of
managing or controlling places of confinement as jails or
prisons.
Functions of Corrections (MPRD)
Maintenance of Institution
Protection of law-abiding members of society
Reformation and Rehabilitation of offenders
Deterrence of Crimes
HISTORICAL DEVELOPMENT OF CORRECTIONAL SYSTEM
Code of Hammurabi
The Law of the Talion (Lex Taliones) of the principle
of "tit for tat" ("eye for an eye" or tooth for a
tooth") is one of the principle that can be viewed
from most of the prov isions of the code of
Hammurabi especially on sections inv olving
punishments are either death or mutilation.
Hammurabi, the king of Babylon during the
eighteenth century BC, is recognized as the first
codifier of laws
It prov ides the first comprehensive view of the laws
in the early days
The Code was carved in stone
Under the principle of the law of talion, the
punishment should be the same as the harm
inflicted on the v ictim
Highlights of the Code of Hammurabi:
a) compensation to the v ictim of a robbery by the
authorities of the city in which the robbery
occurred if the thief was not caught
b) the killer is answerable not to the family of the
v ictim but to the king
c) death was the penalty for robbery, theft, false
witness, building a house that falls on its owner (if
the house should collapse and kill the owner's son,
the son of the builder would be the one executed)
d) a son who struck his father would suffer the
amputation of a hand
e) if in an assault a v ictim's bone was broken, the
same bone of the assailant would be broken
The Hittites
About two centuries after the Hammurabi, the
Hittites flourished ev en though part of their codes
was discov ered, few of its prov isions are
deciphered. What was observed in the code of
the Hittites is a great Importance of morality. It only
shows that ev en during the ancient time, v alues
are greatly different from one group to other.
Highlights of the laws of the Hittites:
o
capital punishment was used for many offenses,
except for homicide or robbery
o
rape, sexual intercourse with animals, defiance of
the authority and sorcery were all punishable by
death
o
the law of homicide prov ided for the restitution to
the v ictim's heirs
o
law enforcement and judicial functions were
placed in the hands of commanders of military
garrisons
The Religious Codes
The book of Deuteronomy, the fifth book in the
Bible, contains the basis of the Jewish laws; one of
the most prev ailing theories is that of the Ten (10)
Commandments found in Chapter XII and XXVII.
This is a form of cov enant between God and the
people of Israel, giv en to Mosses on the mountain
top (Mt. Sinai).
The counter part of this in the Islamic countries is
the book of Koran, which has so much in parallel
to the Christian and Jewish culture. Although it will
be observ e that the Koran is more specific on
three kinds of offenses: Homicide, theft and
adultery. The Koran is of div ine origin and it is said
to hav e been giv en by Allah to Prophet
Mohammed.
The Greek
The Code of Drakon "ULTIMATE SEVERITY" and the
Solon are the two of the most famous codes of
Greek at about sev enteenth century B.C. The
Drakon comes first and later repealed by the
Solon code except for some offenses still the
principle of Talion was carried in these codes.
Highlights of the Code of Drakon:
o
death was the punishment for almost ev ery
offense
o
murderers might av oid execution by going into
exile; if they return to Athens, it was not a crime to
kill the
o
death penalty was administered with great
brutality
LAWS OF SOLON
Solon was appointed archon and was given
legislativ e powers
Solon repealed all the laws of the Code of Drakon,
except the law on homicide
Solon was one of the first to see that a lawgiver
had to make laws that applied equally to all
citizens and also saw that the law of punishment
had to maintain proportionality to the crimes
committed
Highlights of the Laws of Solon:
o
the thief was required to return stolen property
and pay the victim a sum equal to twice its v alue
o
for the crime of temple robbery, the penalty was
death
o
for rape of a woman, the penalty was a fine of
certain amount
Rome and the Criminal law (the twelve tables)
Other codes, the Roman law has the longest
influenced ov er many criminal laws, it begins with
the Twelv e Tables of Wood, prepared in 451-450
B.C.
Presentation of the earliest Roman Codified laws,
until it is largely incorporated into the Justinian
Code finished in 529 and was revised in the next
four (4) decades. Most of the English common law
and Western World legal codes were said to have
been deriv ed from it.
Roman law began with the Twelve Tables which
were written in the middle of the sixth century BC
the Twelv e Tables were the foundation of all laws
in Rome and written in tablets of bronze
the Twelve Tables were drafted by the Decemvirs,
a body of men composed of patricians
Highlights of the Twelve Tables:
o if a man break another's limb and does not
compensate the injury, he shall be liable to
retaliation
o a person who committed arson of a house or a stack
of corn shall be burned alive
o judges who accepted bribes as well as those who
bribed them were subject to execution
o any act of treason was punishable by crucifixion
The Punishment in the Middle Age to the Criminal Law and
Deterrence.
After the fall of Rome in the fifth century A.D. - To the
beginning of the Middle Ages in the thirteenth century,
submerging Europe to the "Dark Ages" the roman laws
were almost forgotten and strongly rev ived only during the
Renaissance and Reformation and on to the Eighteenth
and nineteenth centuries.
"Act of the Punishment of Roque, Vagabonds and sturdy
Beggars" (1597) Bridewell Institution
Law that was enacted during the reign of King
Henry VII (1509-1947) under his daughter Elizabeth I. It
mandates that beggars should be return to their birth
place, kept in jail or house of correction until they could be
put to work. These became later the basis of transportation
of criminals beyond the seas, as an alternative to corporal
punishment.
The Former Royal Palace of Bridewell, London (1557)
Was the first work house for "poor and idle
people". 1602, Elizabeth I proclaimed that those prisoners
who are not conv icted of murder, rape or burglary be sent
to the Galleys to work as slav e or oarsman to row naval
v essel and may ev en yield some profit out of their
punishment.
In 1703 - Pope Clement has Hospice de San Michelle in
Rome. The prisoners were classified according to their age
and crime they had committed. This placed was designed
for incorrigible youths under 20 years of age and on top of
their doors an inscriptions is written which reads, - " It is
insufficient to restrain the wicked by punishment unless you
render them virtuous by corrective discipline." At night they
pray and sleep on separate cells for repentance but at day
time work in a large central hall isolation, solitary work in the
cells, bread and water diet, floggings and the black hole
were some of the punishment, In 1735 Clement XII
established an institution for woman based on the work of
John Howard.
In 1773, John Howard (1726-1790) (High Sheriff of
Bedfordshire)
As a young man he trav eled to Europe hoping to
help in the relief of Lisbon after the disastrous earthquake of
1755. He was captured by the French and was held prisoner
for two months in conditions of great barbarity. Lucky he
was returned to England as exchange prisoner. Having
been influenced by Beccaria and through his own
experience he wrote a book entitled " The State of the
Prisons in England and Wales" which makes him known as
one of the greatest prison reformer.
18th Century
Considered to be one of the most brutal ages for
punishing criminals. A combination of the Old and New
system. Flogging was the most popular method of corporal
punishment. Hanging is publicly done just like a scenario in
a carniv al where the phrase gala day, gala occasion was
derived from the word gallaome.
1718 - Punishment and transportation of criminals from
England to America became a practice although it was
abruptly halt in 1778 due to American Rev olution leading
England to div ert her conv icts to Australia and New
Zealand.
Mid of the 19th Century (1875)- Transportation system was
finally abandoned but over 135,000 felons had been sent to
Australia and New Zealand.
Old "Hulk"- (Abandoned and unsuitable transport ships) =
was conv erted as prison in order to ease the congestion in
prison. But this resulted into a more degrading life for both
prisoners and guards to the point that they call is the
"floating hell". This ev en last for 85 years and no
segregation was made between youth, man and woman.
Later part of the 18th Century - Considered as the great
transition and also known as the "Age of Reason or Age of
Enlightenment" Baron de Montesquieu and Voltaire, took
activ e part in making reforms in criminal law and procedure
by stimulating the crusading zeal of an Italian Philosopher
named Cesare Becarria. (BOARD QUESTION)
1870 to 1880 - The Golden Age of Penology (BOARD
QUESTION)
"On Crimes and Punishment, 1764" - Becarria's great
contribution to correction/penal system. A direct result of
protest ov er cruelties and inequalities of the law and the
courts. Its essential principles are follows:
The basis of all social action must be the Utilitarian
concept, with emphasis on behavior that must be
useful, purposeful and reasonable.
Crime must be considered an injury to the society and
its extent should be rationally measured.
Prev ention of crime is more important than punishment
for crime.
Secret Accusation and torture should be abolished as
a part of criminal procedure. Speedy trial should be
promoted and accused should be treated humanely
before trial.
Punishment is justifiable only on the supposition that it
helps deter a person from committing a crime. No
capital punishment. Life Imprisonment is a better
deterrent. Banishment is an excellent punishment for
crimes against state. Crimes against property should
be punished by fine or imprisonment only when the
person is incapable of paying the fine. Capital
punishment is irreparable and hence no provision for
possible mistakes and the desirability or later reflection.
Imprisonment should be more widely employed but its
mode of applications should be greatly through
prov iding better physical quarters and by separating
and classifying the prisoners into age, sex and degree
of criminality.
Jeremy Bentham -
o
"Greatest Happiness Principle" and
o
Hedonistic calculus (Felicific Calculus)
o
Utilitarianism
o
further dev eloped the Classical School of
Criminology/Penology,
o
student of Beccaria
o
The concept of pain and pleasure.
o
He also designed the Panoptican Prison
He saw punishment into four (4) objectives:
a. To prev ent all offenses , if possible
b. If a person chooses to commit an offense,
punishment will persuade him to commit a less
rather a more serious one;
c. When a person made up his mind to commit a
particular offense, punishment will disposes him to
do more mischief than is necessary to his
purposes;
d. To prev ent the crime at as cheap a rate as
possible.
William Penns -"The Great Law" of the Pennsylvania Tuakers,
prov iding more human treatment of offender. He is also
responsible to the abolition of death penalty.
The two rival prison
Auburn System (1819)- Confinement of the prisoners in a
single cell at night and congregate work in shops during the
day. (Adopted by United States).
Pennsylvania System (1829) - Confinement of prisoners in
their own cells day and night (adopted by European
Countries).
Both Auburn and Pennsylvania observe complete silence
Mariel Montesinos - (Director of the Prisons of Valencia,
Spain in 1835) div ided prisoners into companies and appointed a prisoners a petty officer in charge. Academic
classes of one hour a day more giv en all inmates under 20
years of age.
Domets (France) - Established agricultural colony for
delinquent boys in 1839 focus on re-education. Once
discharged, the boys placed under the superv ision of a
patron.
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