Introduction to Modern

Penology; General
Concepts and its
Application
Reported By: Randolph F. Arlos
 Penology from the latin poena,
"Punishment"  is a sub-component of
criminology that deals with the philosophy
and practice of various societies in their
attempts to repress criminal activities, and
satisfy public opinion via an appropriate
treatment regime for persons convicted of
criminal offences.
 Punishment
The immediate consequence that
follows a criminal act is known as
punishment. Thus, punishment is
defined as suffering, loss, pain, or any
other penalty that is inflicted on a
person for the crime by the concerned
authority.
 In legal definition
Penology is a branch of
criminology dealing prison
management and the
treatment of offenders.
 BRIEF HISTORY OF MODERN PENOLOGY   
Historical theories were based on the notion that fearful
 consequences would discourage potential offenders. An
example of this principle can be found in the Draconian law of 
Ancient Greece and the Bloody Code which persisted
in Renaissance England. In 15th and 16th centuries the Known
famed bridewell system during the time of king henry VIII and
king Edward VI.
       Modern theories of the punishment and
rehabilitation of offenders are broadly based on
principles articulated in the seminal pamphlet 
"On Crimes and Punishments" published by 
Cesare, Marquis of Beccaria in 1764. They center on the
concept of proportionality.
• Alexander Maconochie (11 February 1787 – 25
October 1860) was a Scottish naval officer,
geographer, and penal reformer. He became a
warden of a prison at scottland, Maconochie
immediately instituted policies that restored dignity to
prisoners, achieving remarkable success in prisoner
rehabilitation and he Father of Modern Penology and
Parole.
 Classical School
 Neo-Classical
School
 Positivist
School
 Classical
1
School- Classical criminology uses the idea of free will to
explain that offenders choose to engage in crime and that the best way to
control crime is to deter offenders and make it uncomfortable or
unprofitable for them to offend.

The two figures best associated with classical School are Cesare

Beccaria and Jeremy Bentham. Beccaria was concerned with establishing
a more rational and humane system of social control. Bentham
developed an approach that was concerned with the way individuals
weighed pleasure and pain when deciding whether to commit deviant
acts.
 Neo-Classical
2
School- this approach to
penology modified the theory and introduced
the concepts that mitigating circumstances
might inhibit the exercise of free will and that
punishment should be rehabilitative.
 Positivist School- The positivist school focuses on
3

the offender rather than the offense or the law, and

posits that humans do not necessarily have free will
and that human behavior is determined by various
external factors.

Cesare Lombroso was one of the first to employ the

scientific method in the study of crime and
considered the father of positivist school of
criminology.
 General Concepts of Penology

Penology deals with the principles and

method of punishment.
It guides the states in framing punishments in
various crimes.
It aims at maintaning social peace and security.
Punishes criminals in a rational manners.
Penology is concerned with the effectiveness of
those social processes devised and adopted for
the prevention of crime.
 Various Forms of Punishment

1.Capital punishment- punishment of offender that commit

heinous crime their punishment can be the following:

A. Death by burning D. Crusifixion

B. Death by hanging E. Firing squad

C. Death by stoning F. Electrocution

G. Elethal injection
2.Corporal Punishment-deliberate inflicting of pain the
following are the category of corporal Punishment:

A. Parental or
Domestic
Punishment B. School
Punishment

C. Judicial
Punishment
3.Exile or Banishment- 4.Deportation- forcibly
Forcibly a person to leave return to where his place of
his country. origin.

5.Slavery- forced to work 6.Incapacitation-

or force labor. Permanent Physical Injury
 7.Confinement or Imprisonment- imprisonment to a jail
or penal colony.

8.Fines- amount of to be paid by the offender.

9.Serving of sentence in community- those offender that

granted probation and parole.

10.Enforced therapy- offenders that need mental health

care.
Reason of Punishment
1. Deterrence (prevention) - it is a measure to prevent people from
committing an offence and deterring previous offenders from re-
offending.
2. Rehabilitation- Some punishment includes work to reform
and rehabilitate the culprit so that they will not commit the offence
again.
3. Incapacitation and societal protection- refers to the offender's
ability to commit further offences being removed.
 4.Retribution-Punishment has been justified as a
measure of retributive justice, in which the goal is to
try to rebalance any unjust advantage gained by
ensuring that the offender also suffers a loss.

5.Restoration-For minor offenses, punishment may

take the form of the offender "righting the wrong", or
making restitution to the victim.
 6. Education and denunciation-to teach people
what are the social norms for what is correct, and
acts as a reinforcement and Punishment can
serve as a means for society to publicly express
denunciation of an action as being criminal.
 The government have consequently
evolved occupational and psychological
education programs for offenders
Application of detained in prison, and a range of 
community service and probation
modern penology  orders which entail guidance and
aftercare of the offender within the
community.
 The government adaptoted a retributive based
punishment to a form of community corrections.
"Community corrections involves the management
and supervision of offenders in the community.
These offenders are serving court-imposed orders
either as an alternative to imprisonment or as a
condition of their release on parole from prison. 
 The Philippine prison system adopted two approaches for
treatment of offenders. These are the institutional- based
treatment program and the community-based treatment
programs. These programs aimed towards the improvement
of offender's attitude and philosophy of life.
Punishments are applied for various purposes, most
generally, to encourage and enforce proper behavior as
defined by society or family.
 Wilson, Lincon and • Diagnostic evaluation, 
Kocsis list three main • Crime scene analysis, and 
paradigms of • Investigative psychology. 
profiling: 

• Clinical profiling (synonymous with

diagnostic evaluation),
Ainsworth identified • Typological profiling (synonymous with crime scene
four:  analysis), 
• Investigative psychology, and 
• Geographical profiling.
 The criminal investigative approach is what used by law enforcement and
more specifically by the Behavioral Analysis Unit (BAU) within the FBI.
The BAU "assists law enforcement agencies by their review and assessment
of a criminal act, by interpreting the offender's behavior during the crime
and the interactions between the offender and the victim during the
commission of the crime and as expressed in the crime scene.

Special law are laws

that are not included in The clinical practitioner approach focuses on looking at each case as
unique, making the approach very individualistic.

Revised Penal Code.

The Scientific approach relies heavily on the multivariate analysis of

behaviors and any other information from the crime scene that could lead to
the offender's characteristics or psychological processes.
Different juridical conditions of penalty or
Punishment

One - Type of criminal profiling Two - Reviewing the data and Three - Classifying the
is referred to as identifying significant features significant features as either
linkage analysis.  of each crime across the series. modus operandi or ritualistic. 

Four - Comparing the

combination of modus operandi
Five - Compiling a written
and ritual or fantasy-based
report highlighting the findings
features across the series to
determine if a signature exists.
 Theories Justifying Penalty or Punishment

One - Type of criminal profiling Two - Reviewing the data and Three - Classifying the
is referred to as identifying significant features significant features as either
linkage analysis.  of each crime across the series. modus operandi or ritualistic. 

Four - Comparing the

combination of modus operandi
Five - Compiling a written
and ritual or fantasy-based
report highlighting the findings
features across the series to
determine if a signature exists.
 The Classifications of Penalties under the Revised
Penal Code

A.Capital punishment:
1.Prinicipal
B.Afflictive penalties:
penalties -
 Reclusion perpetua,
those expressly
 Reclusion temporal,
imposed by the
 Perpetual of temporary absolute
court in the
disqualification,
judgement of
 Perpetual or temporary special disqualification,
conviction.
 Prision mayor
 C. Correctional penalties:
 Prision correctional,
 Arresto mayor,
1.Prinicipal  Suspension
penalties - those  Destierro
expressly imposed D. Light penalties:
by the court in the  Arresto menor
judgement of  Public censure
conviction. E. Penalties common to the three preceding classes:
 Fine, and
 Bond to keep the peace
 A. Perpetual of temporary absolute disqualification,
B. Perpetual of temporary special disqualification,
C. Suspension from public office, the right to vote and be voted
for, the professional calling,
D. Civil interdiction - an accessory penlaty for the commision his
2.Accessory sentence of the rights pf parental authority, or ward, of marital
penalties - those authority, of the right to manage his property and of the right to
that are deemed dispose of such property by any act or any conveyance inter vivos.
included in the (Art. 34, Revised Penal Code)
principal E. Indemnification - the indemnity which a person is sentenced to
pay that form parts of the penalty imposed by law for the
penalties.
commission of a crime.
F. Forfeiture or confiscation of instruments and proceeds of the
offense.
G. Payment of cost.
 The Civil Liabilities of the Accused Arising from the Act or
Omission

Civil Liablity in criminal case is consists of restitution, reparation, and

indemnification for consequentional damages.
Preventive Imprisonment is the period of detention to be suffered by the
accused when the offense with which he is charged in non-bailable or even if
bailable, he cannot post a bond for his provisional liberty. Subsidiary Penalty
is an additional liablity to be suffered by a convict who has no property with
which to pay the fine at the rate of one day for each eight (8) pesos.
COMMUNITY- BASED TREATMENT
FOR OFFENDERS IN THE
PHILIPPINES: OLD CONCEPTS,
NEW APPROACHES, BEST
PRACTICES
 INTRODUCTION
The reintegration of offenders into their own community and
society is one of the universally accepted goals of corrections,To
ensure that offenders discharged from detention centers, jails, penal
institutions or rehabilitation centers re-claim their part and role in
society, there is a need t o a ssist them in their reunification with their
families  and  re- entry into the community. Thus , it is imperative to
sustain rehabilitation  and achieve reintegration through  the
community-based treatment of ex-offenders.
 To maximize the role of the community in an
offender’s reintegration process, there is a need to
continuously re-examine the concepts related to
community-based corrections . At the same time,
new approaches that have evolved locally and
globally, related to these concepts, should be
appreciated.
    OLD CONCEPTS AND NEW APPROACHES IN
THE TREATMENT OF OFFENDERS

The Philippines has been supportive of the goals

of community-based treatment and has
continuously adopted measures consistent with
the United Nations Standard Minimum Rules for
Non-custodial measures.
     Individual Pathology- The traditional
concept of treating offenders has been towards
A. Individual examining the offender’s characteristics,
Pathology and behavior, values and other personal traits and
Empowerment the causes behind committing a crime, among
Approach other factors. Thus, the treatment approach
would be individual therapy, focusing on
behavior modification. 
       The empowerment approach, which is basically a
social development approach, however, looks not only
at simplistic uni- causal explanations, but at the
offender as a “person-in-environment”, one in a
dynamic relationship with their environment and
prescribed roles in varied social situations .
       In the analytical approach, the whole is
broken into parts and examined closely. Thus,
B. Analytical
an offender’s mental, psychological and socio-
and Systems
economic conditions are examined thoroughly
Approache
and dissected carefully as basis for treatment
goals.
 In the systems approach, on the other hand, the parts are
linked and integrated as a whole. It is an inter-disciplinary and
holistic approach. Elliott offers a context model or paradigm for
the systems analysis node of guidance in approaching social
problems, It ranges through the system levels: international,
national, state, regional, local, organizational, family and
individual, and sets these alongside functional social systems
such as economic, political, socio-cultural, scientific and
religious.
  concerning the nature of everyday
human social interactions and agency on a
small scale or face to face. It links micro, or
C. Micro- individual therapy approaches,
Macro
Continuum  The term "macro" denotes "large" This
Approach covers a very broad range of topics that
includes groups and collectivities of varying
sizes, the major organizations and
institutions of one or more societies
 These multi-level approaches and interventions from
the Philippines experience include:
      1. Total Family Approach-A recognition of the
importance which the family plays in the commission of
crime and on the offender’s rehabilitation continues to be
the focus of contemporary community-based corrections
in the country. Today not only is the offender the focus of
intervention, but also their family as well.
2. Community Structure Support
       The community should assume primary
responsibility for the offender, as it is usually the origin
of crime. It is in the community where the offender’s
roots are, where his/her peers and friends are often
found, where they can be further educated and trained,
where they practice their religion, pursue life goals and
continuously strive to belong.
3. Maximizing Socio-Cultural Values as Treatment
Stimulus
      The role of culture in crime prevention and the
treatment of offenders has long been recognized. In the
Philippines, certain cultural values are maximized to
assist in the reintegration of offenders and in their
“healing “ process.
4. Devolution of Basic Services
       the national government through the Local
Government Code, devolved responsibility for the
provision of basic services, together with the
corresponding funds, manpower and other resources, to
the local government units in the provinces, cities,
municipalities and barangays (villages).
5. Adoption of Social Reform Agenda
     the Philippines launched the Social Reform Agenda (SRA)
which is the commitment of the Ramos Administration to
attain a balance between economic growth and social equity.
The SRA is a package of programs and reforms that addresses
the minimum basic needs of families, and the reform needs of
basic sectors to reduce poverty.
 BEST PRACTICES IN COMMUNITY BASED TREATMENT
1. Pre-Trial
A. The “Katarungang Pambarangay” (Village Justice System)- the jurisdiction
of the “Katarungang Pambarangay” are all disputes which are punishable
by imprisonment not exceeding one (1) year or a fine not exceeding P5,000
between and among parties actually residing in the same village, city or
municipality. Non-criminal cases outside of the coverage of the Katarungang
Pambarangay may be referred, for amicable settlement, to the
“Lupong Tagapamayapa” or peacekeeping board at any time before trial by
the police, prosecutor or court.
B. (Pre Trial) Release on Recognizance and Other
Diversion Services- The Republic Act 306 or the
Release on Recognizance Law also applies to
offenders whose penalty is six (6) months or less
and/or a fine of P2,000.00. They are usually released
in to the custody of a responsible person in the
community, instead of posting a bail bond.
2. Trial or Adjudication Stage
  A. Suspended Sentence for Youth Offenders- the
execution of the sentence of youth offenders is
suspended and s/he instead is either committed to
the care and custody of the DSWD’s rehabilitation cente
rs for youths, or Placed under
its custody supervision/probation servise.
 (f) Economic Programs and
(a.) Social Services:
Services in Rehabilitation
(b) Homelife Services:
Centers:
(c) Educational Services:
(g) Recreational Services:
(d) Psychological Services:
(h)Developmental Services:
(e) Health Services:
(i) Socio-cultural Programs:
B.  Probation for Adult Offenders- Probation for adult
offenders in the Philippines came much later than that
for youth offenders. Started in 1976 through Presidential
Decree (PD)968, adult probation can be availed only once,
and usually only by first time offenders, for penalties of
imprisonment not exceeding six (6) years. Thus, an
offender has to apply for probation before the court upon
conviction.
3. Post-Trial Stage
      A. Open Prison Programs-The Bureau of Corrections
(Bucor) under the Department of Justice also maintains penal
colonies and farms outside of prisons where
deserving prisoners can bring their families.
     B. Pardon The act of forgiving the wrongdoing of an
offender and which is conducive to early reintegration,
C. Parole- Which refers to the conditional release of an
offender from a penal or correctional institution after
s/he has served the minimum period of their prison
sentence under the continued custody of the State and
under conditions that permit their reincarceration if
s/he violates a condition for their release, is
also administered by the Parole and Probation
Administration (PPA).
4. Post-Institutionalization
      A. Halfway House for Adult Prisoners- An essential transition
arrangement between institutional placement, especially among
prisoners or offenders long confined in closed institutions, and that
of community-based services is that of a halfway house. A halfway
house, as the term connotes, is a residential facility where
released prisoners can be provided the opportunities to gradually
adjust to community life, and to prepare them for full reintegration
to society.
B. After Care Services- Youth offenders discharged from
the DSWD’s rehabilitation centers are provided after care
services upon discharge up to a period of one (1) year. As
discussed earlier in this paper, social workers in the
communities where the youth come from are involved early
in the formulation of the treatment and discharge planning.
Thank You!!!