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• THE PENALTY MUST BE PERSONAL IN THAT NO ONE SHOULD BE PUNISHED FOR THE
CRIME OF ANOTHER.
• THEPENALTY MUST BE LEGAL, THAT IT IS THE CONSEQUENCE OF A JUDGMENT
ACCORDING TO LAW.
• THE PENALTY MUST BE CERTAIN, THAT NO ONE MAY ESCAPE ITS EFFECTS.
• THE PENALTY MUST BE EQUAL FOR ALL.
• THE PENALTY MUST BE CORRECTIONAL.
THEORETICAL FOUNDATIONS IN
DEALING WITH CRIMINALS
• THE CLASSICAL SCHOOL OF THOUGHT – (BECCARIA) “LET THE
PUNISHMENT FITS THE CRIME”. THE PHILOSOPHY OF HEDONISM AND
FREEWILL, THIS IS TO MAKE A RATIONAL CHOICE BETWEEN WHAT WILL
CAUSE PAIN AND WHAT WILL RESULT IN PLEASURE.
• THE NEO-CLASSICAL SCHOOL OF THOUGHT – CHILDREN AND LUNATIC
PERSONS DO NOT HAVE FREEWILL THUS THEY MUST BE EXCLUDED TO
ANY PUNISHMENT SINCE THEY DO NOT KNOW WHAT IS RIGHT OR
WRONG.
• THE POSITIVE SCHOOL OF THOUGHT – (LOMBROSO) “LET THE
TREATMENT FITS THE CRIMINAL”. PEOPLE CANNOT ALWAYS BE HELD
ACCOUNTABLE FOR THEIR BEHAVIOR BECAUSE OF THE FACTORS
BEYOND THEIR CONTROL. THIS IS KNOWN AS “DETERMINISM”, MAN’S
FREEWILL CAN BE INFLUENCED AND DICTATED BY PHYSICAL,
PSYCHOLOGICAL AND ENVIRONMENTAL CONDITIONS. THEREFORE,
CRIMINALS SHOULD NOT BE PUNISHED BUT RATHER BE TREATED
BECAUSE HE IS HAVING ILLNESS WHICH LEADS HIM TO DO WRONG.
BUREAU OF CORRECTIONS,
BUREAU OF JAIL MANAGEMENT AND
PENOLOGY
AND PROVINCIAL JAILS
BUREAU OF CORRECTIONS
PREVENTIVE IMPRISONMENT