Intro To Crim
Intro To Crim
Intro To Crim
It is the study of punishment for crime or It is the code that is considered the ultimate
criminal offenders. It includes the study of control in severity, which was formulated by Draco, an
and prevention of crime through punishment of Athenian lawgiver know for the severity of his
criminal offenders. It can also be defined as the punishments.
division of criminology that deals with prison The code of Draco is a harsh code that
management and the treatment of offenders, and provides the same punishment for both citizen and
concerned itself with the philosophy and practice of slaves as it incorporates primitive concepts
society in its effort to repress criminal activities. (vengeance, blood feuds). They were the first
The term is derived from the Latin word, society to allow citizen to prosecute the offender in
“POENA”, which means “pain or suffering” and the name of the injured party.
“LOGOS” which means “to study”
III. Code of Solon 5. 16th Century
The appointed archon in Athens who Transportation of criminals in England was
repealed all the laws of Draco except the law on authorized, which partially relieved overcrowding
homicide during his time. He was the one who first of prisoners. However, transportation was
proposed that a lawgiver had to make laws that abandoned in 1835.
applied equally to all citizens. He also saw that the
6. 17th Century to Late 18th Century
law of punishment had to maintain proportionality
to the crimes of which offenders were convicted. Death penalty became prevalent as a form of
punishment. Gaols or jails were common and
IV. Twelve Tables of Rome
galleys were also used.
It was written when Rome was in transition
A. Gaols (Jails) – Pretrial detention facilities
from being a Kingdom to a Republic. It is
operated by English sheriff.
considered as the foundation of all laws in Rome,
which was drafted by the Decemvir, a special B. Galleys – Long, low, narrow, single
commission of patricians. decked ships propelled by sails, usually rowed by
criminals used for transportation of criminals in the
V. Institutes of Justinian
16th century.
It is a review of the Roman Laws organized
C. Hulks – Decrepit transport, former
twelve experts appointed by Emperor Justinian.
warship used to house prisoners in the 18th and 19th
VI. Burgundian Code (500 A.D.) century. These were abandoned warships converted
into prisons as means of relieving congestion of
The code which specified punishment
prisoners. They were also call “Floating hells”.
according to that social class of offenders dividing
them into; nobles, middle class and lower class and 7. The Age of Enlightenment: 18th Century
specifying the value of the life of each person
It is the period of recognizing human
according to social status.
dignity. It is the movement of reformation, the
2. 5th and 11th Centuries period of introduction of certain reforms in the
correctional field by certain person.
It its known as the century of dark ages
wherein excessive and brutal measures of social Pioneers of Correctional Reform
control imposed by the church.
1. William Penn
3. 13th Century – Securing Sanctuary
The First Leader to prescribe imprisonment
A criminal could avoid punishment by as correctional treatment for major offenders. He is
claiming refugee in a church for a period of 90 days also responsible for the abolition of death penalty
but at the end of which time has compelled to leave and torture as a for of punishment.
the realm by a road or path assigned to him. In
2. Isaac Newton
England at about 1468, torture as a form of
punishment became prevalent. He encouraged intellectuals to investigate
social and scientific phenomenal methodically and
4. 16th and 17 Centuries
objectively.
The start of the conceptualization or
construction of workhouses and houses of
correction.
3. Charles Montesquieu (Charles Louis Secondat
– Baron De La Brode Et De Montesuieu)
Felicific Calculus – It states that the amount of
A French Historia and philosopher who pleasure and the amount of pain could be
analyzed law as an expression of justice. He calculated, compared and adjusted so that
believed that harsh to moral sentiments is a better punishment would be no more that sufficient and
means of preventing crime. He confronted religion always just.
and the historical role of the church in the political
7. John Howard
arrangement of society and a published a book
entitled “Spirit of the Laws”. The sheriff of Bedfordshire in 1773 who
developed his life and fortune to prison reform. He
4. Voltaire (Francois Marie Arouet)
published the book “The State of Prisons in England
He was the most versatile of all philosophers and Wales.” After his findings on English Prisons,
during this period. He believes that shame is a he recommended the following:
deterrent to crime. He fought the legality -
A. Single Cells for Sleeping
sanctioned practice of torture.
B. Segregation of Women
5. Cesare Bonesa, Marquis De Beccaria
C. Segregation of Youth.
He wrote an essay entitled “An Essay on
Crimes and Punishment,” the most exciting on law D. Provision of Sanitation Facilities
during this century. It presented the humanistic goal
of law. It made emphasis on the imposition of E. Abolition of Fee System
punishment as means of deterring criminal He is credited for being responsible for the
behaviors. ideas on prison reform in England and the United
6. Jeremy Bentham States, Howard died of Jail Fever (Typus) in 1790
while inspecting a prison in Russia.
The greatest leader in the reform of English
Criminal Law. He believes that punishment 8. Alexander Maconochie
designed to negate pleasure or gain the criminal He is the Superintendent of the penal colony
derives from crime would reduce the crime. at Norfolk Island in Australia (1840) who
He is also the one who designed the introduced the “Mark System”, which became the
Panoptican Prison (from the Greek word which predecessor of the “good conduct time allowance”
mean “everything and a place of sight”), which and parole system. A system in which a prisoner is
became the “ultimate penitentiary” or “inspection required to earn a number of marks based on proper
house”. It is a prison that consists of circular department, labor and study in order to entitle him
building containing multi-cells around the for a ticket for leave or conditional release which is
periphery, but it was never built. similar to parole.
It is considered as the forerunner of modern However, not all convicted criminals are
penology because it had the elements of a modern entitled to such privileges. It depends on their
system. This ideal prison system quickly began to personal circumstances and manifest capacity to
take form in New York. change. At present, majority of convicts are serving
long sentences in our state prisons and those serving
In reaction to the growing pessimism short sentences are confined in the jails.
surrounding the penitentiary, participants at the
1870 American Prison Congress applied the ideas Inmates
and practices of Sir Walter Crofton and Alexander The population of jail and prison including
Maconochie. penal farms and penal colonies, except the
Criminal Justice System personnel.