Penal institution

“ We are generally informed that our penal systems exist for the purpose of repressing crime, and that punishment is thus inflicted upon the criminal in order that others may be deterred from following his example. ”

“ JUDGES, in criminal cases, have no right to interpret the penal laws, because they are not legislators. They have not received the laws from our ancestors as a domestic tradition, or as the will of a testator, which his heirs, and executors are to obey; but they receive them from a society actually existing, or from the sovereign, its representative. ”

“ In penal legislation we have steadily reduced felonies to misdemeanors, and have led the world in mitigating punishment for crime, that we might save, as far as possible, this dependent race from its own weakness. ”

“ Why then repeal any penal statute while the subject of its animadversion exists? In prisons the less criminal are placed among the more criminal, the inexperienced in vice together with the hardened in it. ”

“ The careless nurse is a criminal and may be confined in a penitentiary; while perhaps a man who may be guilty of a great iniquity and known to be so drives nonchalantly off in his coach and four.
What is crime? We may well ask the question, only eventually to be confronted by that illuminating definition with which begins the Penal Code—"A crime is an act or omission forbidden by law and punishable upon conviction by ... ”

“ The penal department of any form of civil government must principally consist of two closely allied branches, the judiciary that interprets the law and exacts penalties for its infraction, and the police whose duty it is to enforce the legal code as laid down by the judges, it being in the nature of things that judicial functions cannot exist independently of police functions. ”

“ The conclusion, therefore, would seem to be, that a short simple code, with every punishment attached to every offence, with every motive for aggravation of punishment stated, and on so moderate a scale that no discretion for its mitigation should be necessary, would be the means best calculated to give to penal laws their utmost value as preventives of crime, though experience proves that as such preventives their place is a purely secondary one in a really good system of legislation. ”

“ What organization was provided for the enforcement of order, and for the protection of life and property? For its first line of defence England trusted to the supposed deterrent effect of a rigorous penal code; the more humane and effectual method, prevention, being lost sight of in the mistaken belief that it was possible to extirpate crime by the severity with which it was punished, a belief that survived in face of the fact, that as punishment increased in bitterness, so did offences grow in frequency and in violence. ”

“ But the general government was rigorous in the extreme, and, the value of human life being but little accounted of, a penal system grew up which exacted the death penalty for offences of a comparatively trivial nature, thus laying the foundations of the barbarous code which continued to disgrace our Statute book for centuries, vainly endeavouring to supply the place of preventive police by repressive measures that were expected to deter by virtue of their extreme severity. ”

“ and the authority of making penal laws can only reside with the legislator, who represents the whole society, united by the social compact. ”

“ It may be added that, if the slight deterrent influence which it is possible for punishment to exercise depends, with its adaptation to various types of criminals, on the certitude and promptitude of its application, the others depend precisely and solely on the organisation of the police, and of penal procedure. ”

“ But if a criminal trial ought to be, on the other hand, a physio- psychological examination of the accused, the crime being relegated to the second line, as far as punishment is concerned, the criminal being kept in the front, then it is clear that the penal code should be limited to a few general rules on the modes of defence and social sanction, and on the constituent

elements of every crime and offence, whilst the judge should have greater liberty, controlled by the scientific and positive data of the trial, so that he may judge the man before him with a knowledge of humanity. ”

“ When the severity of the penal code was mitigated, it still remained unfashionable to prosecute, partly from force of habit, partly because the public which had no confidence in the police, would not willingly incur the trouble and danger of taking an active part in the administration of justice, but chiefly because the expense of putting the law in motion was prohibitive for all but the comparatively [288] wealthy. ”

“ Henceforth we must seek, through the study of

facts, a better direction for penal legislation as a function of society, so that, by the observation of psychological and sociological laws, it may tend, not to a violent and always tardy reaction against crime already evolved, but to the elimination or diversion of its natural factors. ”

“ Division, and that Courts, when satisfied that a person convicted on indictment of an offence punishable by penal servitude after more than two previous convictions on indictment, was leading a persistently dishonest or criminal life, and that it was expedient for the protection of the public that he should be kept in detention for a term of years, should have power, after passing a sentence of penal servitude for not less than seven years, to order that he should pass a certain period of his sentence in the Habitual Offenders' Division. ”

“ The procedure in penal cases including the administration of punishment, in civil cases and in matters of voluntary jurisdiction, is to be simplified and expedited, by eliminating all dispensable measures and by utilizing all available manpower, as far as it is compatible with the purpose of the procedure. In particular, in penal cases the enforcement of the indictment by the offended party, and the formal decree of the court opening, the trial will be eliminated; the authority of the local court in penal matters is to be enlarged, and the admissibility of writs of punishment to be extended. ”

“ Practical men declare that ``the prohibitive penal law ought to be regarded as the first and most important of preventive laws.'' The prfets in their circulars, being concerned about the increase of crime, put forward the most vigilant and severe repression as a sovereign remedy. ”

“ In fact, our artisans have become, since the revolution of 1830, not only judge and jury, but legislators also. Different crimes have different punishments assigned to them by our penal code; but it rarely, or I might say never, occurs in our days that the punishment inflicted has any reference to that which is assigned by the law. ”

“ To expatiate upon the principles of penal law is foreign to the purpose of this work, but thus much is evident to the plainest apprehension, that the objects most to be desired in it are the restriction of the number of capital inflictions, as far as is consistent with the security of society; and the employment of every method that can be devised for rendering the guilty persons serviceable to the public, and just to themselves ”

“ Penal laws, strictly and properly, are those imposing punishment for an offense committed against the state, and which, by the English and American constitutions, the executive of the state has the power to pardon. Statutes giving a private action against the wrongdoer are sometimes spoken of as penal in their nature, but in such cases it has been pointed out that neither the liability imposed nor the remedy given is strictly penal. ”

“ We are aware that in some countries, in framing their penal laws and discipline, the only object appears to be to prevent the continued perpetration of offences by the imprisonment of those convicted as offenders, and by the severity of their punishment to deter them from a repetition of their crimes after their discharge; the example of which punishment, it is desired, shall also operate to restrain others from entering upon and pursuing an equally criminal course. ”

“ That these causes do to a great extent defeat the preventive effect of our penal laws, is proved by the tale of our criminal statistics, which reveal the fact that most of our crime is committed by those who [100] have once been punished, and that of general crime about 77 per cent. is committed with impunity. But if so large a proportion of crimes pass unpunished altogether, it is evident that society depends much less for its general security upon its punishments than is commonly supposed. ”

“ The assumption of penal power on the part of the public judiciary, in conjunction with the possession of unlimited control over the person and life of the malefactor, led to the adoption of a principle which long continued to dominate penal justice. ”

“ Those involving crimes on usurpation of authority, rank, title, and improper use of names, uniforms and insignia as defined and penalized in the Revised Penal Code, including those penalized under Republic Act No. 493.
10. Those involving certain crimes committed by public officers as defined and penalized under the Revised Penal Code, provided that civil courts and military tribunals shall have concurrent jurisdiction thereon if the accused is a civilian, namely:
a. Knowingly rendering unjust judgment (Art. 204) b. Judgment rendered thru negligence (Art. 205) c. ”

“ Our criminal code, artificial and indiscriminating as it is, is the growth of ages and is the result of the notion that society ought to take vengeance upon the criminal, at least that it ought to punish him, and that the judge, the interpreter of the criminal law, was not only the proper person to determine the guilt of the accused, by the aid of the jury, but was the sole person to judge of the amount of punishment he should receive for his crime. ”

“ They adumbrate institutional farce made of the mandatory predicates of penal law, through marking time to the mental meanderings of chamois-skin criminologists.
(4) So order prison régimes that they shall serve the commonwealth, and should serve the prisoner; serve the commonwealth by enforcing penal codes written primarily to prevent crime, but which such as the murderous recidivist make it necessary to make [Pg 133] repressive for the protection of society; and serve the prisoner through affording him every sane chance to forge ahead and face life squarely. ”

“ True it is that the Penal Code has come like a drop of balm to such bitterness.3 But of what use are all the codes in the world, if by means of confidential reports, if for trifling reasons, if through anonymous traitors any honest citizen may be exiled or banished without a hearing, without a trial? ”

“ I am here, therefore, to invite and cheerfully submit to the highest penalty that can be inflicted upon me for what in law is a deliberate crime and what appears to me to be the highest duty of a citizen. The only course open to you, the Judge, is as I am just going to say in my statement, either to resign your post, or inflict on me the severest penalty, if you believe that the system and law you are assisting to administer are good for the people. ”

“ It might be supposed that communities thus familiarized with the punishment of crime by public authority would rapidly develop a criminal jurisprudence by the simple and direct process of adding from time to time new crimes, perhaps in the order of their supposed enormity, to their catalogue of offenses. ”

“ But, whenever the offence inspires less horror than the punishment, the rigour of penal law is obliged to give way to the common feelings of mankind. ”

“ Thus, by the side of the regular courts of law which prescribe specific penalties for defined offences proved against a man by a regular form of trial, arbitrary governments resort to various extrajudicial forms of arrest, detention, and punishment, depending on their own will and pleasure. ”

“ Next comes the “délit,” which includes all offences punished by imprisonment over a week and under five years. Then, finally, we arrive at the “crime,” the highest form of offence in French criminal law. It includes all offences subject to a more severe sentence than the punishment assigned to a délit. All cases are held to be crimes where death, life-imprisonment with or without hard labour, deportation out of the kingdom, detention or seclusion in a fortress or other expressly assigned place, are the punishments mentioned by the law. ”

“ This is the point from which we start; each indictment is now a bill of pains and penalties, a special law naming the criminal and prescribing his punishment. A second step is accomplished, when the multiplicity of crimes compels the legislature to delegate its powers to particular Quæstiones or Commissions, each of which is deputed to investigate a particular accusation, and if it be proved, to punish the particular offender. ”

“ The rule of the common law, that a peace officer or a private citizen may arrest a felon without a warrant, has been generally held by the courts of the several states to be in force in cases of felony punishable by the civil tribunals. ”

“ The Constitution of the United States and of every State has made it a part of the fundamental law of the land that "no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury," except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger. A felony is an infamous crime. ”

“ A criminal prosecution directed on European criminal procedure at once passes into the hands of the state as an infringement of law which must be repressed, on the ground that the whole community bases its security on obedience to law. In England the repression of all minor crime is left to the injured party. ”

“ Regrettable as it may seem, no police force, however large, could arrest all the violators of every law, and no system of courts could dispose of the multitude of offenders. We do the best we can and make an example of a few, hoping thus to persuade the others to be good. If every citizen undertook to exercise his right of arresting every individual whom he saw committing petty crime, the business of the community would come to a standstill and the magistrates' courts would be hopelessly congested with great hordes of prisoners, irate witnesses, and gratuitous policemen. ”