Application Of Penalties In The Penitentiary System

Application of penalties in the penitentiary system

INTRODUCTION

The crime has always existed and as such punishment, by applying penalties initially applying the law of talion, justice of its own hand through revenge etc., With the advancement of the modernization of society, the prison systems themselves were created that are modernized and evolved.

Initially, prisons were a place of torture, without any regulations, ordering or system, because they were only, to cause terror and with that the deterrence of the crime.

Thinking about the punishment of crimes seeking correction and avoiding their recidivism, observing the rights of prisoners, several prison systems are created in different parts of the old world.

In Mexico in the pre -colonial era, there were crimes and were punished severely to prevent it from committing, cobblestone, hanging were some means of execution of criminals, in these times there were no prisons for the complication of a penalty, asThey were only means of retention for the convicted who expected their execution and those who were waiting for a sentence, for this reason the construction of sophisticated prisons was not necessary, it was only enough with cages made of wood.

Evolution of prison systems

Body penalties

The imposition of penalties to punish crimes is as old as humanity itself, body penalties as deterrent measures or compensate for the damage caused.

The Hebrews give guidelines to the European society that the vindictive penalty is pleasant to God, the mosaic law indicates that the law of the Talion was applied when it was not possible to compensate or compose the damage in a fair pecuniary way.

The prisons in their origins only socially segregated the offenders, seeking only suffering as a dissuasive measure of the crime.

The search for the correction of the offenders appears in the 16th until the 19th, in England, Holland, Germany and Switzerland, where the correction houses (House of Correction) have their origins and with them the different models of criminal and correctional systems.

Quake system

Quakers is a religious society extended by William Penn, his system is based on the fact that every individual who is missing must be isolated to avoid corruption that exists between prisoners, through silence, meditation and repentance, usingReligion as a means.

Cellular system

In this system there is the complete confinement of the prisoner, there is no contact between them, they were confined to a cell, the discipline was equally for everyone, they were allowed to read a little and barely practiced a officer.

Pensilvanic cell system

Philadelphic or cellular cellular, consisted of the day and nocturnal confinement, without communication with other prisoners or abroad, to avoid all infection of corrupt behaviors, where the prisonthat he was in contact with his conscience directly.

Auburn Cellular System

Implanted in New York in 1823 by Elam Linyns, where day prisoners work and study with the restriction that they did it in silence, and at night they were dedicated to meditation.

Progressive and Technical System

The English system had the purpose of re -established the behavior of the prisoners through 3 faciles,

1. Cell prison
2. common work
3. conditional freedom

For its part in Spain, it establishes various periods or degrees where, over time based on work and good behavior, prisoners had more rights and could have an advanced freedom.Penitentiary systems in Mexico.

Pre-colonial era

The Criminal Code of Nezahualcóyotl significantly influences the Aztec legislation for the delivery of justice, which was based on public struggles, the law of talion, hanging, buried or burned giving them death by garrote.

For this reason, prisons were only used preventively, waiting to be tried, or waiting for the time of the sentence execution.

The Aztecs used the so -called Petlacalli or Teilypiloyan as a prison, it was a gallery with the entrance to the top where the death sentenced or slaves are lowered to be sacrificed, within this there were very narrow wooden cages called Cuauhcalli,

The Maya used large wooden cages, outdoors adequate to the torture of prisoners, was used for war prisoners, convicted of death, fugitive slaves, thieves and adulterers, these cages were used in the same way as the Aztecs, asPreventive prisons.

Colonia era

With the conquest of Mexico, the laws of Spain arrived, based on the seven items (or only items), and are the ones that govern the prison system, and establish the place where the prisoners that would be to the public jail must be conducted,And that prohibited individuals from carrying out arrests and having private prisons.

The items provide the object of the prison, which was to avoid the escape by giving some recommendations for it;"Save the weights especially at night, throwing chain or stocks, closing the doors of the prison very well"

Background

Despite the importance of the games, there was the new compilation, where to date some principles are used as: sex separation. Prohibition of gambling in prisons, also indicated that each prison.

Indies Law

When forming Mexico, part of territories under the submission of Spain, the decision is made that New Spain is also governed by the Law of the Indies, it is here where the deprivation of liberty is mentioned as a penalty.

Title VII is referred to hardly and crimes, mentioning the need to have prisons for the containment of prisoners, so as not to make them suffer, these should be preferentially near the main square to be under the eyes of the eyes of theresidents, good treatment is promoted, it is about preventing corruption

D. Manuel de Lardizábal and Uribe

Philosopher and humanist makes a great contribution to the laws of Spain, to facilitate its reform, in 1782 public “the speech on penalties’, where it mentions regulation, the improvement of prisons, organization and work through the teaching ofoffices, also mentioned the proportionality of penalties the abolition of torture, supports capital punishment, based on the purpose of the correction of the offender.

Era of independence

When the War of Independence exploded in 1810, by 1821 all the Cábeles were chaos, the crisis the looting and homicides were normal, within the same.

Situation of prisons in Mexico

In 1823 two years after the War of Independence Don José Joaquín Fernández de Lizardi, I present a project that mentions the management of prisons, improvement rules, gives guidelines to teach trades and manual activities to prisoners.

In 1826 the work of a mandatory nature within the prisons is implemented and in 1843 two types of prisons were created:

• The city prison for people subject to criminal proceedings
• The Santiago Tlatelolco prison for prisoners who already had a sentence, "these are destined to work in public works"
• The agreed jail

Actually, in its origin, the prison did not exist, only the Court of agreed in 1710 was created, to counteract the dangers that threatened the New Spain by road sauters in villages and within the capital, for the frequent robbery, murders and assaults, the outlaw enjoyed impunity, for this reason the Court of Agreed.

Ma late the prison was located on the west side of the city near the Hospital of the poor and south of the Chapel of Calvary in the cemetery were the criminals buried

The Constitution of 1857:

It was the Magna Carta written by the Constituent Congress, I consecrate numerous civil liberties equally without distinction, lashed out at feudal practices and affection for the interests of the Catholic Church.

The constituent, the death penalty and body sentences.

With the Constitution of 1857, freedoms are obtained equally, there are also changes in criminal laws, with regard to article 22, body sentences are prohibited and in article 23 the death penalty is abolished.

“Article 22.- Mutilation and infamy penalties, brand, whipping, sticks, torment of any species, excessive fine, confiscation of goods and any other unusual or transcendental penalties are prohibited

“Article 23.- For the abolition of the death penalty, it is in charge of administrative power to establish the penitentiary regime as soon as possible. Meanwhile, it is abolished for political crimes, and cannot be extended to other cases other than the traitor to the country at foreign war, to the road sauteer, to the incendiary, to the parricide, to the murderer with alevosía, premeditation or advantage, to theSerious crimes of military order and those of piracy that defines the law ”

The criminal code. 1871

This Criminal Code states that the penalty has the purpose that crimes are no longer repeated, using the intimidating and corrective way.

In this way the prison system adopts the Mixed Cellular Code, Antonio Martínez de Castro provides this system which does not belong to the Philadelfic or Arburn system.

The cellular system

The system that Martínez de Castro Pondero was based on:

ARTICLE 130 said: Those sentenced to prison will be suffered in a separate room and with incommunication of the day and night.

DES This way was trying to organize the cellular system within this prison system.

The 1917 Constitution

The Constitution of 1917, is the normative and institutional support of the new Mexican State, human rights were recognized by including social rights, in criminal matters two lines that give emergence to the constitutional and institutional penitential system were formed, the rights are observedof imprisoned man, perseveration of dignity and benevolence of work, on the other hand, there is talk of regeneration treatment.

Constitutional article 18

Constitutional article 18 establishes the norms that must be observed in the comparation of the penalty, it also indicates the separation of criminals through the creation of rehabilitation centers for sentenced and a preventive center for people who are subject to a legal process.

Criminal Code of 1929

Grouped into three books, provides social responsibility, prison with the cellular system, the suspension of the death penalty, a fine for damage repair,

Mixed cellular system

This system is created seeking the regeneration of prisoners and their compliance must be in an adequate establishment:

1. That do not have any prisoners with each other;
2. Imposition of certain deprivations, but also thanks, according to their behavior;
3. Constant, honest and lucrative work;
4. That they are formed a savings box so that they can subsist when they are free;
5. Instruction in the first letters, moral and religion;
6. A last term of proof, that inform their repentance and transfer to another area where they have greater freedoms, so that he has communication with his family and other people who give example, advice and are provided to them, this will be done with a period6 months proof and then the preparatory freedom will be granted.

Criminal Code of 1931

This code considerably reduces the previous ones since it only contains four hundred articles, recidivism and danger of danger to individualize penalties are two important aspects.

Its penitentiary systems

The Mexican penitentiary system is based on the progressive system, where its ideals are to achieve social rehabilitation through progressive stages or degrees, and in the 1931 honeycomb where elements of prisoners are mentioned taking into account their classification, they are also observedelements related to treatment;permits, day outputs to the close prisoners to comply.

Conclusions

It can be seen that over time the systems have evolved spacly with the passing of time the creation of the magnary letters and the formulation of laws, individual rights have been given, social reintegration has been sought, in the observance of thehuman rights.

In comparison with past times where prisons were only considered centers of torture or revenge today, there is an organization, structure and programs aimed at avoiding crime.

Despite the efforts made by governments and societies, there are problems within the walls of social reintegration centers, because today they are considered true schools of crime, the sale of drugs internal struggles for the control of the same, the lack of adequate control of the penitentiary population has distorted the true purpose of its creation.