Goals of Sentencing

1. Retribution – is the act of taking revenge upon a criminal perpetrator.

2. Incapacitation – is the use of imprisonment or other means to reduce the likelihood
that an offender will be capable of committing future offenses.
3. Deterrence – is a means, which seeks to prevent others from committing crimes or
repeating criminality.
4. Rehabilitation – is the attempt to reform a criminal offender, the state in which a
reformed offender is said to be rehabilitated.
5. Restoration – a goal of which attempts to make the victim whole again.

The Concept of Penalty

Penalty in its general sense signifies pain, in the juridical sphere; it means suffering
undergone, because of the action of society to one who commits a crime.
The very purpose or reason why society has to punish a criminal is to secure justice.
The society or state has to protect its existence, assert what is right for the people based on
moral principles, which must be vindicated. The giving of punishment, which is exercised by
society, is the fulfillment of service and satisfaction of a duty to the people it protects.

Social Justification of Penalty

1. Prevention – the state must punish the criminal to prevent or suppress the danger to the
state arising from the criminal acts of the offender.
2. Self-defense – the state has aright to punish the criminal as a measure of self-defense
so as to protect society from the threat and wrong inflicted by the criminal.
3. Reformation – the object of punishment in criminal cases is to correct and reform the
offender.
4. Exemplarity – the criminal is punished by the state as an act to deter others from
committing crimes.
5. Justice – that crime must be punished by the state as an act of retributive justice, a
vindication of absolute right and moral violated by the criminal.

Purpose of Penalty
1. Retribution or Expiation – the penalty is commensurate with the gravity for the offense
as a matter of payment for the damage done.
2. Correction or Reformation – as shown by the rules which regulates the execution of the
penalties consisting in deprivation of liberty thereby giving chance for his reformation.
3. Social Defense – as shown by its inflexible severity to recidivist and habitual
delinquents. Society must provide the welfare of the people against any disorder in the
community.

Juridical Conditions of Penalty

1. The penalty must be productive of suffering without affecting the integrity of the human
personality.
2. the penalty must be commensurate with the offense, that different crimes must be
punished with different penalties.
3. The penalty must be personal in that no one should be punished for the crime of another.
4. The penalty must be legal, that it is the consequence of a judgment according to law.
5. The penalty must be certain, that no one escape its effects.
6. The penalty must be equal for all.
7. The penalty must be correctional.

Constitutional Restriction on Penalties

The Philippine Constitution directs that excessive fines shall not be imposed, nor
cruel and unusual penalties when it is so disproportionate to the offense committed as to
shock the moral sense of all reasonable men as to what is right and proper under the
circumstances.

Total extinction of criminal liability

1. By the death of the convict
2. By the service of sentence
3. By Absolute Pardon
4. By Amnesty
5. By Prescription of Crime
6. By Prescription of penalty
7. By marriage of the offended woman
Partial Extinction of Criminal Liability
1. By Conditional Pardon
2. By Commutation of Sentence
3. By Good Conduct Time Allowance
4. Special Time Allowance
5. By Parole
6. Probation

Theoretical Foundations of the Treatment of Criminals

The Classical Theory- Freewill
Neo-Classical Theory- Who has the Freewill
Positivist Theory- Scientific approach
Ferri argued that since the causes of crime could be identified and isolated,
he calculated that it could be controlled through prevention. And the best preventive
measures are through the reformation of society so that the breeding ground of
crime is cleansed.
The Correctional System in the Philippines is composed of six
agencies under three distinct and separate departments of the
national government. That three departments of the national
government are the following:
1. The Department of Justice
2. The Department of the Interior and Local Government
3. The Department of Social Welfare and Development

Bureau of Corrections - is an agency under the Department of Justice

mandated to carry out institutionalrehabilitation programs of the government
for national offenders, those sentenced to more than three years and to
ensure their safe custody. It is composed of seven operating institutions
located all over the country to accept national prisoners. The central office is
located in the New Bilibid Prison, Muntinlupa City, Metro Manila, where the
director, the assistant director and the general administration staff are
holding official functions.

Bureau of Correction Mandate - The rehabilitation of national prisoners.

Bureau of Correction Slogan - bringing back the dignity of man.

Bureau of Correction Principles

- accomplishing its mandated objectives and performing its assigned
functions.
1. To confine prisoners by giving them adequate living spaces as the
first conditions to be met before any effective
rehabilitation programs can be undertaken.
2. To prevent prisoners fro committing crime while in custody.
3. To provide humane treatment by affording them human basic needs in the
prison environment and prohibiting
cruel methods and provide a variety of rehabilitation program.
Jail Prison

 a place of detention;  a place of long term

a place where a confinement for those
person convicted or convicted of serious
suspected of a crime crimes.
is detained.  Bureau of Corrections
 BJMP  DOJ
 DILG  holds people convicted
 holds people of crimes;sentenced for
awaiting trial and a longer term.
people sentenced for
a short duration.

Zebulon Reed Brockway - regarded as the father of prison reform in the

United States. Believed that the primary reason to have a prisoner in custody
was to rehabilitate and not simply to punish. Warden at the Elmira
reformatory from 1876 to 1900. He introduced the following:

1. a program of education
2. training in useful trades
3. physical activity
4. indeterminate sentence
5. inmate classification
6. incentive program.

Alexander Maconochie - (1787 -1860) - a Scottish naval officer,

geographer and penal reformer. His two basic principle of penology were that:

1. as cruelty debases both the victim and society, punishment should not
be vindictive but should aim at the reform of the convict to observe
social constraints.
2. a convicts imprisonment should consist of task, not time sentences with
release depending on the performance of a measurable amount of
labor.

Modern Form/Method of Punishment

1. Execution - for capital offenses. ex. death by lethal injection

2. Imprisonment/Incarceration
3. Fines
4. Probation and Parole
5. House Arrest - is a measure by which a person is confined by the
authorities to his or her residence. Travel is usually restricted if allowed
at all.

Ancient Form/Method of Punishment

 1. shame punishment
2. exile/banishment
3. payment to the victim
4. branding - (Stigmatizing) - is the process by which a mark is burned into
the skin of a living person.
5. flogging - (flagellation) - is the act of methodically beating or whipping
the human body.
6. mutilation - (maiming) - is the act of physical injury that degrades the
appearance or function of any living body usually without causing
death.
7. burning
8. beheading
9. torture

* In the Philippines so far, 17 persons were executed

by hanging, 84 persons were executed by electric
chair, 7 persons were executed by lethal injection.

* Majority of inmates confined in national prison did

not finish high school, 6% never went to school or
were illiterate and 3% earned a college degree.