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General Concept of Penology, Corrections and Punishment

Penology

Penology It is the study of punishment for crime or of criminal offenders. It also


includes the study of control and prevention of crime through punishment of criminal
offenders. It is derived from the Latin word “POENA” which means pain or suffering.

Penology Also known as, Penal Science. A division of Criminology that deals with
prison management and the treatment of offenders, and concerned itself with the
philosophy and practice of the society in its effort to repress criminal activities.

Principal Aims of Penology

 To bring light in the ethical barriers of punishment, along with the motives and
purposes of society inflicting it.
 To make comparative study of penal laws and procedures through history
between nations.
 To evaluate the socials consequences of the policies enforced at a given time.

Penal Management

It is the manner or practice of managing or controlling places of confinement of


as in jails or prisons.

Correction

It is a branch of Criminal Justice System concerned with the custody,


supervision, and rehabilitation of criminal offenders. It utilizes the body of knowledge
and practices of the government, and the society in general involving processes of
handling individuals who have been convicted of offenses for purposes of crime
prevention and control.

Correction As a process, it is the reorientation of the criminal offender to prevent


him or her from repeating his delinquent actions without the necessity of taking punitive
action but rather introduction of individual measures for reformation.

Correction Administration

It is the study and practice of a systematic management of jails or prisons and


other institutions concerned with the custody, treatment, and rehabilitation of criminal
offenders.

Correction and the CJS


It is the fourth pillar of the CJS. It is considered as the weakest pillar because of
the failure to deter individuals in committing crimes as well as the reformation of
inmates.

Punishment

Punishment has been regarded by many as an effective means of social control It is the
redress that the state takes against an offending member of society that usually
involves pain and suffering.

Juridical Rule of Penalties

 It must be productive of suffering without affecting the integrity of the human


personality.
 It must be commensurate to the offense.
 It must be personal.
 It must be legal.
 It must be equal for all.
 It must be correctional.

Constitutional Restriction on Penalties

The 1987 Constitution directs that “excessive fines shall not be imposed, nor
cruel and unusual punishment inflicted. The punishment or penalty imposed is deemed
unusual and cruel when it is disproportionate to the offense committed and morally
shocking to a person of reasonable mind as to what is commensurate under the
circumstances which attended to its commission.”

Exemptions of Punishments

In the ancient times, rulers and kings were perceived to be infallible. Their next
of kin and upperclassmen are likewise benefited with exemptions to punishment given
to commoners

In 1843, the M’Nagthan case of England paved way for the exemption of law
violators who have an unsound mind or otherwise suffering from mental illness which
causes crimes.

n the Philippines, the state recognizes several circumstances in which a person


has transgressed the law would not suffer its consequences: Minority of age Absence of
intelligence Absence of freedom or action Absence of negligence on the part of the
accused.

Justifications of Punishment : Justifications of Punishment Retribution way of


personal vengeance. It would depend on the degree of satisfaction the aggrieved or
offended party would obtain. Atonement or expiation penalty is commensurate with the
gravity of the offense based on the norms observed by the members of the society,
form of group vengeance. Mr. Rudy V. Ortea,RC - Institutional Corrections 12/7/2011
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Justifications of Punishment

Deterrence - based on the belief that the offender when punished and inflicted
with suffering would learn the lessons the hard way.

Protection - regarded as social defense wherein the society would gain protection
by putting criminals behind bars.

Reformation - the states believe that the society would be best protected when
law violators would return to the community as responsible and productive members of
the society.

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