HISTORY Collection of 282 rules (Standard for commercial
interactions, set fines and punishment) to meet the
Study of past events
requirement of justice
Branch of knowledge that records or explain past One of the first legal codes was developed in about
evidence 2000 B.C.
Proclaimed by Babylonian King Hammurabi (1792-
1970 B.C)
SCHOOLS Hammurabi expanded that city state along Euphrates
river to unites all Southern Mesopotamia
According to legend, Hammurabi received the code
1. CLASSICAL
from the sun god Shamash, who was also the god of
Choosing pleasure and pain justice.
Certain and speedy The Code of Hammurabi has its core principle
Doctrine of psychological hedonism or concept of justice known as LEX TALIONIS “an eye
“freewill” -- own choice for an eye and a tooth for a tooth.”
“will” -- power to deliberate Curve in a massive finger shape black stone “stele”
Rational -- know what is right and wrong (pillar) that was looted by invaders
Retribution -- deserve punishment Rediscovered in 1901 by JACQUES DE MORGAN
-- french mining engineer and an archaeological
2. NEO-CLASSICAL expedition to Persia
NEO -- new, modern or contemporary Uncovered steel of Hammurabi was broken into 3
Children and lunatics cannot calculate the pieces that has been bought to Susa as a spoils of
war, likely by the Elamite king Shutruk-Nahhunte in
difference of pleasure from pain
the mid-12th century
Irrational (free from punishment)
Exemption to General rule: Imbecile
TRIVIA:
Fee of doctor
and lunatics Severe wound -10 silver shekels for gentlemen
Universal rule: no exemption Freed men - 5 shekels
Slave - 2 shekels
3. POSITIVIST/ITALIAN
Criminals are considered sick people or Malpractice
individual who need to be treated by treatment Rich man -cutting of hands
programs rather than punitive actions against Slaves - Financial Restitution
them (treatment and rehabilitation)
Denied individual responsibility and reflected Shekels
non-primitive reactions to crime and criminal Basic monetary unit of modern Israel
Equivalent to 100 agaurot
Adheres that crimes as any other act are natural
1 =14. 24 peso
phenomenon -- innate, natural, inborn
2. JUSTINIAN CODE
Earliest code of Roman Law
Exist over 1000 years
Revised within a few years to reflect recent
legislation and reissued in December 1534 C.E
All commentaries of the code was band
Studied by student of law in the 5th year
Translated into Greek by the end of 16th century C.E
Introduced recently in re-concurred Italy 54 C.E
EARLY CODES Recently neglected
1. CODE OF KING HAMMURABI 11th century C.E corporated into Medieval
LEX TALIONIS Corpus Juris Civilis
Oldest code prescribing savage punishment -Major reform of Byzantine
-Influence canon law of Roman Catholic
Church
-More on the regulation of religious Securing Sanctuary
practice Criminal could avoid punishment by claiming
-provided for the basis of the law for emerging refugee in church for a period of 90 days
European Nations In England, TORTURE as punishment become
Did not survived due to the fall of Roman Empire but prevalent
left a foundation of western legal codes
Address social changes of Byzantine 16TH CENTURY
In Roman law, the Emperor was a single legitimate Ernest Hooton (General Inferiority Theory)
source of law Transportation of criminals in England was
Evolve as LAW OF THE TWELVE TABLES authorized
-- more sophisticated Industrial Revolution
-- more commensurate Partially relieved over crowding of prisoners
-- follow rule of law 1835, transportation was abandoned
-- improvement for the rights group of
women, slaves and children 17TH CENTURY TO LATE 18TH CENTURY
Abandoned warships converted into prison as mean
3. GREEAK CODE OF DRACO of relieving congestions of prisoners
Written in blood rather than ink Floating Hells
Death was prescribe for all the criminal offenses Death penalty become prevalent
Harsh code that provides the same punishment Jails become common
for both citizens and slaves as it incorporates Gaols and Galleys
primitive concepts (vengeance, blood feuds) Hulks
Citizens are allowed to prosecute offenders in -descript transport for more warship
the name of the injured party -used to house prison (18th - 19th)
Practice the act of fairness THE AGE OF ENLIGHTENMENT 18th
Century of change
Period of recognizing human dignity
Period of the introduction of certain reforms in the
correctional field by certain person
4. THE BURGUNDIAN CODE (500 A.D)
Specified punishment according to the social class of
offenders EARLY PRISONS
Dividing them into: nobles, middle class and lower
1. MAMERTIME PRISON
class
Only Roman place of confinement
Specify the value of life of each person according to
Build under the main sewer of Rome in 64 B.C. by
social status
Ancus Maritus
BARBARI
- doesn’t know the life of city nor the gifts of
literacy 2. BRIDEWELL WORKHOUSE
BARBARIAN (15th century) 1557
- groups were not people or tribe Most popular workhouse in London, England
-collections of soldier under the Built for the employment and house of English
military leadership of the king prisoners
FODERATI Agricultural
-divide and rule Hard labor
-barbarian Allies
3. WALNUT STREET JAIL
Originally constructed as a detention jail in
5 and 11 CENTURY
th th Philadelphia
Dark ages because of human life violation It was converted into a state prison become the first
Church is dominant American penitentiary
Excessive and brutal measure of social control
imposed by the church 4. DARTMOOR PRISON
HOUSE OF HALFWAY TO HELL (brutal) in
13TH CENTURY Devonshire, England
Constructed to house French prisoners A people without the Knowledge of their past
History, origin and culture is like a tree without
5. GAOLS roots
Jails, Pretrial detention facilities operated by the --Markus Garvey
English Sheriff in England during 18th century
6. GALLEYS
Long, low-narrow, single-decked ships propelled by
sails and cars usually rowed by criminals
7. HULKS
Abandoned or unusual warship that were converted
to prisons as means of relieving congestion of
prisoner when transportation system was abandoned
FLOATING HELL or HELL HOLES
8. ALCATRAZ PRISON
Operated in 1934
Close in Mach 31, 1963 because
it was primarily because it was too costly, an
operation estimated were that repairs alone would run
between 4.5 and 5 million dollars.
1940, it had a per capita cost of over twice of average
of all federal institutions when it closed, it has 260
inmates
San Francisco, California
2 RIVAL OF PRISON SYSTEM
1. AUBURN PRISON SYSTEM
CONGRAGATE SYTEM
Prisoners are confined in their cells during the night
and congregate work in shop during the day
2. PENNSYLVANIA PRISON SYSTEM
SOLITARY SYSTEM
Prisoners are confined in single cells day and night
were they lived, they slept, eat and receive religious
instructions
ELMIRA REFORMATORY
MOVEMENT
July 1876
Ideal prison system quickly began to take from in
new York
In reaction to the growing pessimism surrounding the
penitentiary, participant at the 1870 American Prison
Congress applied the ideas and practices of Sir
Walter Crofton and Alexander Maconochie
Forerunner of modern penology because it had the
elements of modern system