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Latin. Ordinary punishment. Ordinary or usual punishments. In some cases the punishment inflicted upon a criminal for the commission of certain crimes is fixed and determined, and iu no respect within the discretion of the judge; such, for example, as those in which a prisoner has been found guilty of murder, treason, &c. There are others in which, while the judge has a certain discretion, this is limited to the extent or duration of the punishment, and not to the nature of the sentence.
Thus, where a prisoner has been several times punished for theft by imprisonment, the judge is required to pronounce a sentence of penal servitude, although it lies entirely with him to fix the period during which this is to be endured. These are instances of the poena ordinaria, the usual punishments attached to certain crimes. But there is another class of punishments, the poena extraordinaria, which are unusual, and regulated by no fixed rule ; such, for example, as the punishment for contempt of Court, breach of sequestration or interdict, &c. ; and in these the punishment is entirely in the discretion of the judge, who may either pronounce on the offender a ...
