Amigo Reviewer For Correctional Institution
Amigo Reviewer For Correctional Institution
Penology- refers to the science that deals with the treatment of the prevention of crime
and the punishment of criminals, and the management of prisons and reformatories.
Corrections - refers to that branch of criminal justice administration charged with the
responsibility for the custody, supervision, and rehabilitation of the convicted
offenders.
Punishment - the redress that the state takes against the offending member.
Penalty - a punishment imposed by the statute as a consequence of the commission of
an offense.
Penal/Criminal Law - that branch of public law which defines crime, treats of their
nature, and provides for their punishment. Also, that law which prohibits an act and
imposes a penalty for the commission of it.
Prison - A public building for safekeeping person in legal custody; also a penitentiary;
or any place designated by law for the keeping of the person held in custody under the
process of law or under lawful arrest.
Jail - is a place of confinement for offenders which sentence is below 3 years, or a place
of detention of offenders who waits final judgment.
Prison – Breach - the escape of a prisoner against the will of his custodian.
Prisoner - is any person held in custody under the process of law or under the lawful
arrest.
Prisoner – at – Bar - any accused person while on trial before the court or a prisoner
actually on trial.
Workhouse/work camp/jail farm - houses minimum custody offenders serving short
sentences with constructive work programs which provides full employment of
prisoners, remedial services, and constructive leisure time activities.
Twelve tables of wood (451-450 BC) – presented the earliest codification of Roman
law. The influence of the twelve tables extended to the 6 th century AD when they
were largely incorporated into the Justinian Code (629 AD).
Burgunian Code (500AD) – specified punishments according to the social class of
offenders dividing them into nobles, middle and lower classes, and specifying the
value of life of each person in the society according to his social status.
Benefit of Clergy – provide an escape from severe punishment as members of the
clergy such as ordained clerks, novices and nuns by subjecting them into the
jurisdiction of ecclesiastical court. Ecclesiastical punishments were more lenient
because the focus of the church was on penance and salvation of the soul rather
than in the administering of physical punishment for the purpose of deterrence or
revenge.
Securing sanctuary – in the 13th century a criminal could avoid arrest and
punishment by claiming refuge in the church for a period of 40 days. At the end of
which time, he is compelled to leave the realm of the road or part assigned to him
away from the hands of authority.
Trial by Ordeal – is the church substitute for the trial until the 13 th century wherein
guilt or innocence was determined by the ability of the accused of being unscratched
through dangerous or painful test.
Charlemagne – give bishops the power to act as real judges where enabled bishops
tribunal to rule on secular matters.
The Holy Inquisition – a general label for succession of Roman Catholic tribunals
charged with the detection and punishment of the heresy. Inquisition proper did not
begin until 1215 AD when the lateral council decided that the use of torture was
appropriate, which was supplemented by an extensive system of the informers and
detailed records kept of every element in proceedings.
Imprisonment – in the latter half of the 13 th century, under the reign of King
Edward 1, incarceration came into extensive use in England. Imprisonment was also
used by the church firstly because they were not permitted to use death penalty and
of withdrawal from association with others. It was extensively used during the
inquisition. Imprisonment was also not use in Greece, and not all in the Roman
republic but was used for minor offenses in the Roman Empire. In England in the
middle of 16th century, imprisonment was used extensively by committing vagrants
and others to the house of corrections.
Bridewell – a term for house of corrections which were used for locking up,
Employing and whipping beggars, prostitutes and other misfit. These institutions
were built around the acceptance of the value of regular work and the formulation of
habits of industry.
St. Bridget’s Well – England’s first house of correction
1576 – The English parliament passed a law calling for each country to build their
bridewells.
1703 – Pope Clement X1 built the Hospicio de San Michelle in Rome, designed for
incorrigible youths under 20 years of age, and which was the first home for
delinquent boys ever established. The institution had the motto inscribed over the
door, ‘It is sufficient to restrain the wicked by punishments, unless you render the
virtuous by corrective discipline.
Maison de force – was founded by Jean Jacques Philippe Villain at Ghent, Belgium
in 1773. The most significant new devices that has introduced were;a) felons and
misdemeanants were separated and b) women had separate quarters, and did
children.
18th century – the period of transition from corporal punishment to punitive
imprisonment.
19th Century – towards the mid-year where the punitive imprisonment was used as
a form of punishment.
Transportation of criminals – in England, was authorized at the end of 16 th
century, follow by Russians and other European countries. This system partially
relieved the overcrowding prisons. The transportation of criminals was abandoned in
1875.
Galleys – a long, low, narrow, single decked ships propelled by sails, usually rowed
by criminals, a type of ships used for transportation of criminals in 16 th century.
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Hulks – were abandoned or unusable ships, which were converted into prisons as a
means of relieving prison congestions when transportation system was abandoned
in England. These ships were permanently anchored in rivers or harbors and were
also known as “floating hells”.
Cesare Beccaria – Published his essay on “Crime and Punishment” in 1764 which
was his greatest contribution to penal law, formulating the philosophy of the
classical school.
Jeremy Bentham – Further developed the philosophy of classical school with his
hedonistic calculus. Both Beccaria and Bentham believed in the doctrine of freewill.
Panoptican Prison – A type of prison conceived by Bentham which would consist of
a large circular building of cast iron and glass containing multi-tiered cells around
the periphery. This was never been built due to high cost.
William Peru – the first leader to prescribe imprisonment as a correction treatment
for major offender.
William Penn – initiated the abolishment of corporal punishment and death penalty
at Pennsylvania, USA, except for first degree murder.
Walnut street jail – by legislative act was turned into the first American
penitentiary were the separate penitential philosophy of John Howard was
introduced.
Pennsylvania system – the type of prison system known as separate system,
because prisoners were separately confined. They lived, ate, worked, and slept in
isolation.
Auburn System – the type of prison system known as congregate system because
prisoners could work together in shops, although at night time they sleep in
individual cells.
Cat – O – Nine Tails – a slash of nine knotted throngs of raw hides attached to a
solid handle used in the administration of flogging, which was the most popular
method of corporal punishment in 18th century.
James Bennet – Director of Federal Bureau of Prison who wrote about closing the
Alcatraz Prison.
Alcatraz Prison – Opened in 1934, closed on March 21, 1963 because it was costly
in operation. Estimates were that repairs alone would run between 4 ¼ - 5 Billion
Dollars, as far as 1940, it had a per capita cost of over twice the average of all
federal institutions. When it was closed, it has 260 inmates.
Fred T. Wilkinson – the last warden of Alcatraz Prison.
Split Sentence – the imposition of penalties such as imprisonment and fine.
Australia – the place which was a penal colony before it became a country.
Convicted criminals in England were transported to Australia, a colony of Great
Britain when transportation was adopted in 1790 – 1875.
Rome – the country where the banishment was first used.
England – the country where the punitive imprisonment was used.
Theories developed:
a) That, man is subdued occasionally by strange and morbid phenomenon which
constrains him to do wrong, in spite of or contrary to his volition.
b) That, crime is essentially a social phenomenon, and as such, it cannot be treated
and checked by the application of abstract principles of law and jurisprudence nor by
the imposition of punishment fixed and determined, but rather, through, personal, and
individual investigation conducted by a competent body of psychiatrists and social
scientists.
5. Social Conflict Perspective - The “have not” go to while the “have” go free. Prisons
should not be used to punish the lower class while the
wealthy are treated leniently. Criminals of all classes
should be treated equally. Social power struggles
produce the need for correctional institutions.
6. Social Conflict Perspective - Prisons are the elements of class struggle used to
(Marxist) punish people who rebel against class
created laws. Correction should be used to treat the true
capitalist criminal. In a Marxist society, corrections
would not be needed. Capitalism creates the need for
correction.
Development of Prisons
1. The forms of executions of early punishment were barbaric; i.e. flogging,
mutilation, death by hanging, death by stoning, etc..
2. Later on, jail was introduced in Medieval Europe as place of confinement for
persons arrested and undergoing trial, and for those convicted for minor offenses.
But, however, convicted offenders were chained to galleys to man the ships of
war.
3. Then, there was this Transportation System of punishment, widely used by
England, France, and Spain, which was abandoned in the last half of 19th
century because of the agitation and protest from the colonies.
4. As a result, the development of prison to substitute for transportation, exile,
public degradation, corporal punishment, it was William Penn of Pennsylvania
who initiated the abolishment of corporal punishment and death penalty, except
for 1st degree murder.
5. Hence, prisons and penitentiaries were constructed for the confinement of
persons with longer sentences convicted of serious crime.
Concept of Penitentiary
- it came from the Latin word “Paenitentia”, which means penitence;
- the term was coined by the Great English Prison Reformer, John Howard;
- it actually referred to a place where crime and sin may be atoned for the
penitence produced;
- designed to facilitate solitary contemplation of one’s misdeeds;
- it is used, nowadays, synonymously with prison or reformatory.
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Two Rival Prisons in the History of Imprisonment
1. Auburn Prison System – a.k.a. Congregate System. It featured the confinement
of prisoners in single cells at night and congregate work in shops during the day.
2. Pennsylvania Prison System – a.k.a. Separate System. It consisted in the
solitary confinement of the prisoners in their own cells day and night where they
lived, slept, received religious instruction or read the bible, and given the work.
Development of the Pennsylvania Prisons
The Walnut Street Jail – This statute was the beginning of the modern prison system
in the US, for its established the philosophy that was the basis for the Pennsylvania
and Auburn Prison System. Inmate worked for an 8-10 hours a day in their cells, and
they were paid for their work.
The Cherry Hill – because of the problems arises in the Walnut Street Jail it was failed
due to overcrowded population, The Cherry Hill was the first major attempt to
implement the Pennsylvania System and to answer the problem of overcrowding were
the solitary confinement of inmates at all times with work provided in their cells.
The Auburn System – In contrast to the Pennsylvania system, the Auburn plan
permitted inmates to congregate but not to communicate. The system was much ore
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economical than to the Pennsylvania System. The silent system was enforced by having
inmates eat face to back rather than face to face.
school type that emphasized on compulsion education, case work method, and
extensive use of parole based on indeterminate sentence.
7. Sir Evelen Ruggles Brise – The Dir.of English Prison who opened the Borstal
Institution after visiting Elmira Reformatory in 1897; such Borstal Institution
was considered today as the best reform institution for young offenders, where
the system was entirely based on a individualized treatment.
Classification of Inmates:
a) Maximum Security Groups – This shall include high security risk or highly
dangerous inmates as determined by the classification board who requires an
extreme degree of supervision and control. i.e. escapees, recidivists, penalty of
RP..
b) Medium Security Group – this shall include those who cannot be trusted in less
secured areas whose conduct or behavior requires minimum supervision. i.e.,
sentenced for 20 years below, 1st time offenders..
c) Minimum Security Group – this shall include who maybe reasonably trusted to
serve their sentence under less restricted conditions. i.e., physical handicap, 65
years old..
Bureau of Corrections was formerly known as Bureau of Prisons which was created by
virtue of the Reorganization Act of 1907. it is headed by Dir., the bureau of Corrections
has an authorized strength of 2,362 employees, 61% of whom are custodial
officers,33% are administrative personnel and 6% are members of medical staff.
Types of Jails:
1. Lock up Jails – this is a security facility operated by personnel of the law
enforcement units for temporary detention of persons under investigation
or awaiting preliminary investigation, in conformity with the law, the
maximum period of detention for light, less – grave, and grave offenses
are 12, 18, 36 hours, respectively.
2. Ordinary Jail – this facility houses prisoners convicted of offenses which
the punishment does not exceed 3 years of imprisonment and those with
pending cases before the courts, it is administered and run by the
personnel of the BJMP.
3. Workhouse Jail – also known as Jail Farm or Camps, such facility
operates small scale cultivation of crops by minimum security prisoners.
This would be ideal for municipalities with a large number of inmates.
Safekeeping – is the temporary custody of a person or the detention of a person for his
own protection or care, to secure him from harm, injury or danger.
Judgment – is the adjudication by the court that the accused is guilty or not guilty of
the offense charged and the imposition of the proper penalty and civil liability provided
by the law on the accused.
Promulgation of Judgment – It is promulgated by reading the same in the presence of
the accused and the judge of the court in which it was rendered.
Mittimus Order – A warrant issued by the court bearing its seal and the signature of
the judge directing a correctional facility to receive a convicted offender for service
imposed therein.
Commitment Order – a warrant or order by which a court, directs an officer to take
the person into prison.
Punishment – It is the implication of some sort of pain on the offender for violating the
law, or is an instrumental use of one man for the benefit of the other men.
Admission Procedures:
1. Checking of commitment papers – the commitment paper is in due form if it bears
the signature of the judge, the seal of the court, and the signature of the clerk of the
court.
2. Establishing the identity of the prisoner – this is done by comparing and examining
the fingerprints and photograph of the inmates contained in the commitment order.
3. Searching the prisoner – a complete searching is undertaken to look for
contrabands.
4. Issuance of clothes and equipment – the newly admitted inmate shall be provided
with two regulation uniforms and two t-shirts in accordance with the degree of the
sentence.
Types of Diversification:
a) Diversification by age – minors should be separated from adult offenders
b) Diversification by sex – females should be separated from male offenders
c) Diversification by degree of custody – prisoners are segregated based on the
duration or length of their sentence imposed.
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Special time allowance for loyalty – a deduction of 1/5 of the period of his sentence
after a convict gives himself to the authority within 48 hours following the passing of
calamities/catastrophes.
Prescription of Crime – is the forfeiture or loss of the right of the state to prosecute
the offender after the lapse of a certain time.
Pardon – looks forward and receives the offender from the consequences of the offense
which he has been convicted that is abolishes or forgives the punishment.
Amnesty – looks backward abolishes and put into oblivion the crime itself.
Pardon – being private act of the President and must be pleaded and proved by the
person pardon.
Amnesty – being proclamation of the President with the concurrence of the congress.
Parole in the Philippines is governed by the Indeterminate Sentence Law, also known
as, RA 4103.
Distinction between pardons made by the offended party from a pardon given by
the President.
1. Pardon made by the President shall extinguish the criminal liability of the offender
but not the civil liability.
2. Pardon made by the offended party shall extinguish the civil liability of the offender
but not the criminal liability.
3. Pardon made by the President should be given after the final judgment.