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Form of Penalty

The document discusses the evolution of penalties from early to present forms. Early penalties were extremely severe, including torture and execution. Present penalties aim to rehabilitate offenders through imprisonment, fines, and community service. Studies show harsh penalties do not effectively deter crime, while fair imprisonment can encourage rehabilitation and deter repeat offenses. The conclusion recommends ongoing research to ensure penalties adapt over time and improvements to prison rehabilitation programs.

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2K views25 pages

Form of Penalty

The document discusses the evolution of penalties from early to present forms. Early penalties were extremely severe, including torture and execution. Present penalties aim to rehabilitate offenders through imprisonment, fines, and community service. Studies show harsh penalties do not effectively deter crime, while fair imprisonment can encourage rehabilitation and deter repeat offenses. The conclusion recommends ongoing research to ensure penalties adapt over time and improvements to prison rehabilitation programs.

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FORMS OF PENALTIES

(Past and Present)


KIMBERLY MAE MIRANTES
MSCRIM-1
SCOPE OF PRESENTATION

I. INTRODUCTION
II. DEFINITION OF TERMS
III. BODY
IV. FINDINGS
V. CONCLUSIONS
VI. RECOMMENDATIONS
VII. REFERENCES
INTRODUCTION

Penalty in its general sense signifies pain. In the judicial


sphere, it means suffering undergone to one who commits a
crime, and it takes in many forms. An eye for an eye is one of
the oldest form of penalty given to criminal offenders where a
person who has injured another person is to be penalized to a
similar degree by the injured party. But decades of evidence
show that reciprocating harm is not always the best course of
action. Penalty, when meted out fairly, can work to condition
people not to repeat misdeeds.
DEFINITION OF TERMS

PENALTY – it is the suffering that is inflicted by the state for


the transgression of law.
PUNISHMENT – It is infliction of some sort of pain and
suffering on the offender for violating the law.
CAPITAL PUNISHMENT – It is the infliction of death penalty
upon a person who committed a serious crime.

CORPORAL PUNISHMENT – It is the infliction of physical


pain upon a convicted criminal.
WHY PUNISH? THE PHILOSOPHICAL
APPROACH

UTILITARIAN THEORY - set the goal of punishment as the


prevention of future crime.

RETRIBUTIVE THEORY - includes the notion that the purpose


of punishment is to allocate moral blame to the offender for the
crime and that his or her future conduct is not a proper
concern for deciding punishment.
EARLY FORMS OF PENALTY

1. Death Penalty

a. Crucifixion
b. Beheading
c. Hanging
d. Impaling
e. Drowning
f. Burning
2. Physical Torture

a. Flogging
b. Dismemberment and starvation
c. Public humiliation
d. Stocks
e. Pillory
f. Docking tools
g. Branding
h. Mutilation
3. Imprisonment

a. Dungeons
b. Hulks
c. Underground Cistern
d. Ergastulum

4. Other forms of early penalty

a. Exile/Banishment
THE CODE OF RAJAH KALANTIAW 
 is an early legal code in the history of the Philippines that
is said to have been written in 1433 by Datu Kalantiaw, a
chief on the island of Negros in the Philippines.

Article I
Ye shall not kill, neither shall ye steal nor shall ye hurt the aged, lest ye incur the
danger of death. All those who this order shall infringe shall be tied to a stone and
drowned in a river or in boiling water.
Article II
Ye shall punctually meet your debt with your headman. He who fulfills not, for the
first time shall be lashed a hundredfold, and If the obligation is great, his hand
shall be dipped threefold in boiling water. On conviction, he shall be flogged to
death.
Article III
Obey ye: no one shall have wives that are too young, nor shall they be more than
what he can take care of, nor spend much luxury. He who fulfils not, obeys not,
shall be condemned to swim three hours and, for the second time, shall be
scourged with spines to death.

Article IV
Observe and obey ye: Let not the peace of the graves be disturbed; due respect
must be accorded them on passing by caves and trees where they are. He who
observes not shall die by bites of ants or shall be flogged with spines till death.

Article V
Obey ye: Exchange in food must be carried out faithfully. He who complies not
shall be lashed for an hour. He who repeats the act shall, for a day be exposed to
the ants.
Article VI
Ye shall revere respectable places, trees of known value, and other sites. He shall
pay a month's work, in gold or money, whoever fails to do this; and if twice
committed, he shall be declared a slave.
Article VII
They shall die who kill trees of venerable aspect; who at night shoot with arrows
the aged men and the women; he who enters the house of the headman without
permission; he who kills a fish or shark or striped crocodile.
Article VIII
They shall be slaves for a given time who steal away the women of the headmen;
he who possesses dogs that bite the headmen; he who burns another man's sown
field.
Article IX
They shall be slaves for a given time, who sing in their night errands, kill manual
birds, tear documents belonging to the headmen; who are evil-minded liars; who
play with the dead.
Article X
It shall be the obligation of every mother to show her daughter secretly the things
that are lascivious, and prepare them for womanhood; men shall not be cruel to
their wives, nor should they punish them when they catch them in the act of
adultery. He who disobeys shall be torn to pieces and thrown to the caymans.

Article XI
They shall be burned, who by force or cunning have mocked at and eluded
punishment, or who have killed two young boys, or shall try to steal the women of
the old men (agurangs).

Article XII
They shall be drowned, all slaves who assault their superiors or their lords and
masters; all those who abuse their luxury; those who kill their anitos by breaking
them or throwing them away.
PRESENT FORMS OF PENALTY

PRINCIPAL PENALTIES
ACCESSORY PENALTIES
1. Capital punishment:
Death.

2. Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
3. Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,
Destierro.

4. Light penalties:
Arresto menor,
Public censure.

5. Penalties common to the three preceding classes:


Fine, and Bond to keep the peace
1. Perpetual or temporary absolute disqualification,
2. Perpetual or temporary special disqualification,
3. Suspension from public office, the right to vote and be voted
for, the profession or calling.
4. Civil interdiction,
5. Indemnification,
6. Forfeiture or confiscation of instruments and proceeds of the
offense,
7. Payment of costs.
PHILIPPINE CAPITAL PUNISHMENT

During Spanish colonial rule, the most common methods of


execution were death by firing squad and garotte.

In 1902, the Philippine Commission abolished the use


of garrote as a means of executing criminals, and substituted
in place thereof execution by hanging.
In 1902, the Philippine Commission abolished the use
of garrote as a means of executing criminals, and substituted
in place thereof execution by hanging.
In 1926, the electric chair was introduced by the United
States' colonial Insular Government.

The electric chair was used until 1976, when execution by


firing squad eventually replaced it as the sole method of
execution.
The new law (Republic Act 7659), drafted by Ramos, was
passed in 1993, restoring capital punishment.
In 1996, Republic Act 8177 was passed, prescribing the use
of lethal injection as the method of carrying out capital
punishment.
CRIME STATISTIC IN THE PHILIPPINES
A study in 2009 titled “
Do executions lower homicide rates: the views of leading c
riminologists
” revealed that majority of criminal experts or criminologists
they interviewed disagreed that death penalty can act as a
deterrent or can lower the murder rate. Results showed
that 88 percent of criminologists they interviewed
disagreed that death penalty can act as a deterrent to
A record-high 3,164 cases of rape were reported to the
murder.
police in 1999, or 131 more than the number recorded in
1998.
FINDINGS

√ Attitudes towards punishments have changed over time.


Methods of punishment that were deemed acceptable in the
past are now considered today as cruel or harsh.

√ Physical torture and death is not always the best course of


action in deterring crime itself. Penalty, such as imprisonment,
when meted out fairly, can work to condition people not to
repeat misdeeds.
CONCLUSION

 Early forms of penalties were characterized by extremely


severe and inhumane where offenders were executed in the
most awful ways imaginable: stoned; crucified; hanged;
drawn and quartered. In contrast, Present forms of
penalties are characterized by prison, community service,
fines and court orders all aim to rehabilitate offenders and
prevent them from reoffending. Victims are more often
compensated for crimes, and convicted criminals are given
community service which aims to compensate the local
community through helpful work.
 Carrying out severe and inhumane punishment, such as
death and physical torture, to criminal offenders does not
really deter crimes in society. Rather, prison, community
service, and fines contributed to the rehabilitation of
offenders and deterrence of crimes in society. This
statement can be best supported based on the crime
statistic of the Philippines where there are consistent
dropping of crime rate from 1990 up to present.
RECOMMENDATION
 Further research and studies should be conducted from
time to time about the different penalties effective to
criminal offenders. Penalties given to criminal offender
should be dynamic so that it would be able to adapt to the
changing time.
 Improvements in prisons should be given more emphasis
like prison livelihood programs, prison cell, and more
education courses should be made available inside
prisons. These improvements will help a lot in rehabilitating
prisoners and give them skills to allow them to find useful
employment after their release.

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