5 - Punishment

PUNISHMENT
PUNISHMENT
 It is the redress that the state takes against an offending member

of society that usually involves pain and suffering.
 It is also the penalty imposed on an offender for a crime or

wrongdoing.
ANCIENT FORMS OF PUNISHMENT
 Death Penalty – affected by burning, beheading, hanging, breaking

at the wheels, pillory and other forms of medieval executions.
 Physical Torture – affected by maiming, mutilation, whipping and

other inhumane or barbaric forms of inflicting pain.
 Social Degradation – putting the offender into shame or

humiliation.
a. Furca – form of torture which is a v-shaped yolk worn
around the neck and where the outstretched arms of the convict were
tied to.
 Banishment or Exile – the sending or putting away of an offender

which was carried out either by prohibition against coming into a
specified territory such as an island to where the offender has been
removed.
 Other similar forms of punishment like transportation and slavery.
E A R LY FOR M S OF PR I S ON DI S C I PL I NE
 Hard Labor - productive works.

 Deprivation – deprivation of everything except the bare essentials of
existence
 Monotony – giving the same food that is “off ” diet, or requiring the
prisoners to perform drab or boring daily routine.
 Uniformity – “we treat the prisoners alike”. “The fault of one is the fault of
all”.
 Mass Movement – mass living in cell blocks, mass eating, mass recreation,
mass bathing.
 Degradation – uttering insulting words or languages on the part of prison staff
to the prisoners to degrade or break the confidence of prisoners.
 Corporal Punishment – imposing brutal punishment or employing physical

force to intimidate a delinquent inmate.
 Isolation or Solitary Confinement – non-communication, limited news,

“the lone wolf ”.
CONTEMPORARY FORMS OF PUNISHMENT
 Imprisonment – putting the offender in prison for the purpose of

protecting the public against criminal activities and at the same time
rehabilitating the prisoners by requiring them to undergo institutional
treatment programs.
 Parole - a conditional release of a prisoners after serving part of his/her

sentence in prison for the purpose of gradually re-introducing him/her to
free life under the guidance and supervision of a parole officer.
 Probation – a disposition whereby a defendant after conviction of an

offense, the penalty of which does not exceed six years imprisonment, is
released subject to the conditions imposed by the releasing court and under
the supervision of a probation officer.
 Fine – an amount given as a compensation for a criminal act.
 Destierro – the penalty of banishing a person from the place where he

committed a crime, prohibiting him to get near or enter the 25-kilometer
perimeter.
PURPOSES/JUSTIFICATIONS OF PUNISHMENT
 Retribution – the punishment should be provided by the state whose

sanction is violated, to afford the society or the individual the opportunity of
imposing upon the offender suitable punishment as might be enforced.
Offenders should be punished because they deserve it.
 Expiation or Atonement – it is punishment in the form of group

vengeance where the purpose is to appease the offended public or group.
 Deterrence – punishment gives lesson to the offender by showing to

others what would happen to them if they violate the law. Punishment is
imposed to warn potential offenders that they can not afford to do what the
offender has done.
 Incapacitation and Protection – the public will be protected if the offender

has being held in conditions where he cannot harm others especially the
public. Punishment is effected by placing offenders in prison so that society
will be ensured from further criminal depredations of criminals.
 Reformation or Rehabilitation – it is the establishment of the usefulness

and responsibility of the offender. Society’s interest can be better served by
helping the prisoner to become law abiding citizen and productive upon his
return to the community by requiring him to undergo intensive program of
rehabilitation in prison.

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PUNISHMENT

 It is the redress that the state takes against an offending member

 It is also the penalty imposed on an offender for a crime or

 Death Penalty – affected by burning, beheading, hanging, breaking

 Physical Torture – affected by maiming, mutilation, whipping and

 Social Degradation – putting the offender into shame or

 Banishment or Exile – the sending or putting away of an offender

 Hard Labor - productive works.

 Corporal Punishment – imposing brutal punishment or employing physical

 Isolation or Solitary Confinement – non-communication, limited news,

 Imprisonment – putting the offender in prison for the purpose of

 Parole - a conditional release of a prisoners after serving part of his/her

 Probation – a disposition whereby a defendant after conviction of an

 Fine – an amount given as a compensation for a criminal act.

 Destierro – the penalty of banishing a person from the place where he

 Retribution – the punishment should be provided by the state whose

 Expiation or Atonement – it is punishment in the form of group

 Deterrence – punishment gives lesson to the offender by showing to

 Incapacitation and Protection – the public will be protected if the offender

 Reformation or Rehabilitation – it is the establishment of the usefulness

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