2013 (Criminal Law) Bar Exam Questions: Essay Question 11

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XI.

Assume that you are a member of the legal staff of Senator Salcedo who wants to file a bill about imprisonment at the National Penitentiary in Muntinlupa. He wants to make the State prison a revenue earner for the country through a law providing for premium accommodations for prisoners (other than those under maximum security status) whose wives are allowed conjugal weekend visits, and for those who want long-term premium accommodations.

For conjugal weekenders, he plans to  rent out rooms with hotel-like amenities at rates equivalent to those charged by 4-star hotels; for long-term occupants, he is prepared to offer room and board with special meals in airconditioned single-occupancy rooms, at rates equivalent to those charged by 3-star hotels.

What advice will you give the Senator from the point of view of criminal law, taking into account the purpose of imprisonment (7%) and considerations of ethics and morality (3%)? (10% total points)

2 comments

  1. The saving grace of my Criminal Law exam. Ibinuhos ko na lahat ng alam ko dito na kakasya sa 2 pages. Buti na lang may nagsabi sa amin sa review na may mga Ethics question daw bawat subject, so may nasagot ako kahit paano dito. At salamat sa notes ni roomate sa review at sa discussion niya on the theories of Criminal Law, pinuno ko ng Classical, Positivist at Eclectic Theory ang first part ng sagot ko. Tapos sa Ethics part naglagay na lang ako ng Lawyer as a Moral Person and Lawyer’s duty to society. Sabi ko hindi ethical ang pagkakaroon ng isang hotel-like prison kasi nadedefeat ang purpose ng prison system, in particular yung retributive at reformative aspects ng criminal justice system natin. 🙂

  2. Penalty is the suffering that is inflicted by the state for the transgression of a law.the state’s purpose in punishing crimes is to secure justice. The state in providing punishment for a criminal offense seeks refuge from its inherent duty to prevent or suppress the danger to the state arising from criminal acts of an offender. These penalties are also part of the measure of self defense by the state so as to protect the society fron the threat and wrong inflicted by criminal.the main objective of imposing punishment in criminal cases is to correct and reform the offender.imposition of penalty is also for exemplarity or to serve as an example to deter other from committing crimes. To approve the proposed bill by such senator would defeat the very end or purpose of imposing punishment. Considering ethics and morality it is every man’s duty to uphold the constitution, uphold the laws of the land and to always see to it that justice is served.

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