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INSTITUTIONAL CORRECTION
Penology
Greek term – PIONE – Penalty
Latin word - “POENA”- Pain or Suffering.
Latin word– PENO – Punishment
Penology is the study of punishment for crime or of criminal offenders. It includes the
study of control and prevention of crime through punishment of criminal offenders.
Penology is otherwise known as Penal Science. It is actually a division of criminology
concerned with the philosophy and practice of society to repress criminal activities.
Traditional penologist stood for the policy of inflicting punishment on the offenders
as a consequence of their wrongdoing.
Penal Management
Refers to the manner or practice of managing or controlling places of confinement as
in jails or prisons.
Punishment- - is the infliction or imposition of a penalty as retribution for an offense.
"The penalty inflicted".
- it is the redress that the state takes against an offending
Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to any one (in
the primitive society). The concept of personal revenge by the victim’s family or tribe
against the family or tribe of the offender, hence “blood feuds” was accepted in the
early primitive societies.
Fines and Punishment – Customs has exerted effort and great force among
primitive societies. The acceptance of vengeance in the form of payment (cattle,
food, personal services, etc.) became accepted as dictated by tribal traditions.
Correction
A. A branch of the CJS concerned with the custody, supervision and rehabilitation
of the convicted offenders.
B. Is that field of criminal justice administration which utilizes the body of
knowledge and practices of the government and the society in general
involving the processes of handling individuals who have been convicted of
offense for purposes of crime prevention and control.
Correction as a process is the reorientation of the criminal offender to prevent him
or her from repeating his delinquent actions without the necessity of taking
punitive action but rather introduction of individual measures of reformation.
Correctional Administration- The study and practice of a systematic management
of Jails or Prison and other Institution concerned with the custody, treatment, and
rehabilitation of criminal offenders.
Correctional Psychology- That aspect of forensic psychology which is concerned
with the diagnosis and classification of offenders, the treatment of correctional
populations, and the rehabilitation of inmates and other law violators
Theories of Punishment
RETRIBUTION – An eye for an eye philosophy of justice
-It generally requires harsh punishment
Just Deserts -philosophy of punishments, implying that offenders get what they
deserve
-Emphasizes the idea of penal censure of defendant. Sees the punishment as being
proportional to the seriousness of the crime.
DETERRENCE – The theory of punishment which envisages that potential offenders
will refrain from committing crimes out of fear of punishment
Ancient Forms of Punishment:
1. Death Penalty – affected by burning, beheading, hanging, and pillory and other
forms of medieval executions.
2. Physical Torture – Barbaric forms of inflicting pain. ex. Mutilation, Whipping.
3. Social Degradation – Putting the offender into shame or humiliation.
4. Banishment or Exile – The sending or putting away of an offender which was
carried out either by prohibition against coming into a specified territory such
as an Island to where the offender has been removed.
5. Other similar forms of punishment like transportation and slavery.
Method of Punishment
Branding - (Stigmatizing) - is the process by which a mark is burned into the skin of
a living person.
Flogging - is the act of methodically beating or whipping the human body.
Mutilation - (maiming) - is the act of physical injury that degrades the appearance
or function of any living body usually without causing death.
Burning, beheading, Payment to the victim, Exile/banishment, Public Humiliation -
Shame punishment
Early Forms of Prison Discipline:
1. Hard Labor – Productive works.
2. Deprivation – Deprivation of everything except the bare essential of existence.
3. Monotony – Giving the same food that is “off diet”, or requiring the prisoners to
perform drab or boring daily routine.
4. Uniformity – “We treat the prisoner alike”. “The fault of one is the fault of all”.
5. Mass Movement – Mass living in the cellblocks, mass eating, mass recreation,
mass bathing.
6. Degradation – uttering insulting words or languages on the part of prisoners to
degrade or break the confidence of prisoners.
7. Corporal Punishment – Imposing brutal punishment or employing physical force
to intimidate a delinquent inmate.
8. Isolation or solitary confinement – Non- communication, limited news. “ The
lone Wolf’.
Contemporary Forms of Punishment:
1. Imprisonment – putting the offender in prison for the purpose of protecting
the public against criminal activities and at the same time rehabilitating the
prisoners by requiring them to undergo institutional treatment programs.
2. Parole – a conditional release of a prisoner after serving part of his/her
sentence in prison for the purpose of gradually re-introducing him/her to free
life under the guidance and supervision of a parole officer.
3. Probation – a disposition whereby a defendant after conviction of an offense,
the penalty of which does not exceed six years imprisonment, is released
subject to the conditions imposed by the releasing court and under the
supervision of a probation officer.
4. Fine – an amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25-kilometer
perimeter.
Justifications of Punishment
1. Retribution – The punishment should be provided by the state whose sanction is
violated; to afford the society or the individual the opportunity of imposing
upon the offender suitable punishment as might be enforced. Offenders should
be punished because they deserve it.
2. Expiation or Atonement – It is punishment in the form of group vengeance
where the purpose is to appease the offended public or group.
3. Deterrence – Punishment gives lesson to the offender by showing to others
what would happen to them if they violate the law. Punishment is imposed to
warn potential offenders that they cannot afford to do what the offender has
done.
4. Incapacitation and Protection – The public will protect, if the offender has being
held conditioning where he cannot harm others especially the public.
Punishment is effective by placing offenders in prison so that society will be
ensured from further criminal depredations of criminals.
5. Reformation or Rehabilitation – It is the establishment of the usefulness and
responsibility of the offender. Society’s interest can be better served by helping
the prisoner to become law abiding citizen and productive upon his return to
the community by requiring him to undergo intensive program of rehabilitation
in prison.
Penalty – Is defined as the suffering inflicted by the state against an offending member
for the transgression of Law.
Juridical Conditions of penalty:
Punishment must be:
1. Productive of Suffering –Affecting the integrity of the human personality.
2. Commensurate with the offense – Different crimes must be punished with different
penalties (Art. 205, RPC).
3. Personal – The guilty one must be the one to be punished, no proxy.
4. Legal – The consequences must be in accordance with the law.
5. Equal – Equal for all person.
6. Certain – No one must escape its effects.
7. Correctional – Changes the attitudes of offenders and become law-abiding citizens.
Duration of Penalties:
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – An imprisonment of 20 yrs and 1 day to 40 yrs imprisonment.
3. Reclusion Temporal – an imprisonment of 12yrs and 1day to 20yrs imprisonment.
4. Prison Correctional – 6 months and 1days to 6yrs.
5. Arresto Mayor – 1month and 1day to 6 months. 6. Arresto Menor – 1 day to 30
days.
Three “Revolutions” in the History of Corrections
Age of reformation – replaced corporal punishment, exile, and physical
disfigurement with the penitentiary.
Age of rehabilitation – assumed that criminals were handicapped persons
suffering from mental or emotional deficiencies. Under this, individual therapy
aimed at healing these personal maladjustments, became the preferred style.
Age of reintegration – society becomes the “patient” as well as the offender.
Much more emphasis is placed on the pressure exerted on the offender by the
social groups to which he belongs and on the society which regulates his
opportunities to achieve his goals.
History of Corrections
Twelve Tables of Wood- (451-450 BC)- represented the earliest codification of
Roman Law. The influence by the Twelve Tables extended to the 6th century AD
when they were largely incorporated into the Justinian Code.
Benefits of Clergy- provided an escape from severe punishment of members of
clergy such as ordained clerk, moves and nuns by subjecting them to the
jurisdiction of ecclesiastical courts
Securing Sanctuary- in the 13th century, a criminal could avoid punishment by
claiming refugee in a church, for a period of forty (40) days at the end of which
time he was compelled to leave the realm by a road or part assigned to him.
Ordeal- was the church’s substitute for a trial until the 13th century, where in
guilt or innocence was determined by the availability of the accused to come
unscratched through dangerous and painful tests.
The Holy Inquisition- a general label for a succession of Roman Catholic
tribunals changed with the detection and punishment of heresy. Inquisition
proper did not begin until 1215 AD when the Lateran council decided that the
used of torture was appropriate which was supplemented by an extensive
system of informers and detailed records kept of every element in
proceedings.
St. Bridget’s Well- England’s first Houses of Corrections, 1557
Hulks- were abandoned or unusable transport ships, which were converted
into prisons as a means of relieving prison congestion when transported system
was abandoned in rivers or harbors and were also known as “floating wells”.
Panoptican Prison- a type of prison conceived by Bentham which would
consist of large circular building of case irons and glass containing multi- tiered
cells round the periphery.
Cat-O’ nine- tails- a lash of none knotted hongs of raw hide attached to a solid handle
used in the administration of flogging which was the most popular methods of
corporal punishment in the 18th century.
Bridewell- the term applied to houses of corrections which were used for locking –up,
employing and beggars prostitutes and other misfits. These were built around the
acceptance of the value of regular work and the formation of “habits of industry”.
1576- English Parliamentary passed a law calling for each county to build its own
Bridewell.
1703- Pope Clement XI built 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.
Important Personalities:
William Penn ( America ). He included in his legislation for Pennsylvania that
imprisonment shall be the prescribed punishment for criminals; that all prisons shall
be workhouses for felons, vagrants, and idle persons, and that each county shall build
one. The colony of the New Plymouth provided for the erection of House of Correction
for the confinement of Quakers.
George Fox (17th century, England ). He founded the so-called “Quakers”, known as
the Society of Friends, a church known for pacifism, humanitarian and emphasis on
inner quiet, which was persecuted for its rejection of organized churches.
- JOHN HOWARD – identified as the Great Prison Reformer and author of “The
State of Prisons in England
- John Howard. “Father of Prisons Reform”.
Visited every Jail and prison in Jurisdiction.
a. Documented conditions in the State of Prison in England – 1777
b. Lead to formation several prisons societies
c. Also led to Penitentiary Act of 1779 – Intended to make prisons:
– Safe and sanitary, Operate with out fees, Impose regimen of reform, Be
Systematically inspected
VICOMTE JEAN JACQUES PHILIPPE VILLAIN XIV – Father of Modern Penitentiary
Science and founder of the House of Correction in Ghent, Belgium
1. Manuel Montesimos – He was the Director of Prisons at Valencia, Spain in
1838, who divided prisoners into companies and appointed prisoners as petty
officers in charge; allowed the reduction of the inmates’ sentences by one third
(1/3) for good behavior; offered trade training to prepare the convicts for return to
society.
2. Domets(Demetz) of France – Established an agricultural colony for delinquent
boys in 1839, providing house fathers as in charge of these boys. He concentrated
on re-education; upon their discharge, the boys were placed under the supervision
of a patron.
3. Alexander Maconochie – As Superintendent of the Penal Colony at Norfolk
Island in Australia in 1848, he introduced a progressive humane system to
substitute for corporal punishment known as the “Mark System” wherein a
prisoner was required to earn a number of marks based upon proper department,
labor, and study in order to entitle him to a ticket of leave or conditional release
which is similar to parole.
Alexander Maconochie. He is considered as one of the father of modern penology.
4. Sir Walter Crofton – He was the Director of the Irish Prisons in 1854, who
introduced the Irish system which was later called the progressive stage system.
The Irish system was actually a modification of Maconochie’s system, and
consisted of four stages:
(1) Solitary confinement or prisoners for nine months, receiving reduced diet and
monotonous work, gradually progressing to a better treatment toward the end of
the first stage,
(2) Assignment to public works in association with other convicts,
(3) Sending to a place which was a sort of preparation for release where the
prisoner worked without custodial supervision, exposing him to ordinary
temptations of freedom, and finally
(4) Release of the prisoner on supervision under conditions equivalent to parole.
5. Zebulon R. Brockway (1827-1920). He was the director of the Elmira
Reformatory in New York, 1876. He introduced a certain innovational programs like
the following, training school type, compulsory education of prisoners, caseworks
method, extensive use of parole, indeterminate sentence.
Regarded as the father of prison reform in the United States.
• Believed that the primary reason to have a prisoner in custody was to
rehabilitate and not simply to punish. Warden at the Elmira reformatory from
1876 to 1900.
6. Sir Evelyn Ruggles Brise – He was the director of English Prisons who opened
the Borstal Institution after visiting Elmira Reformatory in 1897. Such Borstal
Institutions today are considered as the best reform institutions for young
offenders. This system was based entirely on the individualized treatment.
Other Personalities
PETER RENTZEL – established a workhouse in Hamburg at his own expense(1669)
because he had observed that thieves and prostitutes were made worse instead of
better by pillory and he hoped that they might improve by work and religious
instruction in a work house.
DOMETS of FRANCE – established an agricultural colony for delinquent boys
THOMAS ALVA EDISON – discovered the electric chair
Elmira Reformatory Movement
Elmira and the American Reformatory System – The Elmira Reformatory, New
York, a person constructed like typical Auburn Prison, was opened in 1876,
with Zebulon R. Brockway as the first superintendent. The reformatories
housed youthful offenders between ages sixteen (16) and thirty (30) and were
first offenders. Under this program:
1. A new prisoner was classified as second grade,
2. Promoted to first grade after six months of good behavior,
3. Another six months of good behavior in the first grade qualified him for
parole. However, if the prisoner committed misconduct, he was demoted to
third grade where he was required to show good behavior for one month
before he could be reclassified to second grade.
The is considered as the forerunner of modern penology because it had all the
elements of a modern correctional system, among which were a training
school type, that is, compulsory education, casework method, and extensive
use of parole based on the indeterminate sentence.
OTHERS:
Devil's island - French penal colony from 1852 to 1959 where political prisoners are
exiled.
Robben island - A prison complex located at the coast of Cape town south Africa
which serve as a refugee camp for people afflicted with leper before converted into a
prison.
Magna Carta - England's historic document which states that no man could be
imprisoned without trial.
Port Arthur - located in Tasmania, Australia, is a penal colony which is the destination
for the hardest English prisoner during the middle of the 19th century.
Auburn System - A penal method of the 19th century in which persons worked during
the day and were kept in solitary confinement at night and silence enforced at all
times.
Elmira correctional facility - The first reformatory prison.
Notable elements of Auburn system- a. stripped uniform; b. lockstep; c. silence
Auburn correctional facility - the site of the first execution by electric chair in 1890.
Pennsylvania system - penal method based on the principle that solitary confinement
fosters penitence and courage's reformation. Superseded by the Auburn system.
Separate system - is a form of prison management based on the principle of keeping
prisoners in solitary confinement.
The three executive departments of the government .(Implementation)
1.DOJ - manages the national prisoners
2. DILG - manages inmates who are undergoing investigation, awaiting or
undergoing trial, awaiting final judgment and those who are convicted by
imprisonment of up to three (3) years
3. DSWD - manages sentenced youth offenders.
DEPARTMENT OF JUSTCE (DOJ)
A. Bureau of Corrections (BUCOR) - with a principal task of the rehabilitation
of prisoners so they can become useful members of society upon
completion of their service of sentence.
B. Board of Pardons and Parole (BPP) - recommends to the President the
prisoners who are qualified for parole, pardon or other forms of executive
clemency in the form of reprieve, commutation of sentence, conditional
pardon and absolute pardon.
C. Parole and Probations Administration (PPA) -conducts post-sentence
investigation of petitioners for probation as referred by the courts, as well
as pre-parole/pre-executive clemency investigation to determine the
suitability of the offender to be reintegrated in the community instead of
serving their sentence inside an institution or prison; exercises general
supervision over all parolees and probationers and promotes the correction
and rehabilitation of offenders outside the prison institution.
DEPARTMENT INTERIOR LOCAL GOVERNMENT (DILG) (R.A. 6975
ACT OF 1990)
A. Bureau of Jail Management and Penology (BJMP) has
jurisdiction over all municipal, city and district jails nationwide.
B. Provincial Local Government Unit operates all provincial jails.
C. Philippine National Police (PNP) likewise maintains detention
facilities in its different police stations nationwide.
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD)
Operates Regional Rehabilitation Centers and assumes responsibility for
the restorative part of the correction system by maintaining centers
for the care and restoration of youth and women who are in conflict
with the law.
Example of a condition:
Not to violate any of the penal laws of the country again.
1. The prisoner shall have served at least one-third (1/3) of the minimum
of his indeterminate and/or definite sentence or the aggregate minimum of his
indeterminate and/or definite sentences.
2. At least ten (10) years for prisoners sentenced to Reclusion Perpetua or
Life imprisonment for crimes or offenses committed before January 1, 1994.
3. At least twelve (12) years for prisoners whose sentences were adjusted
to a definite prison term of forty (40) years in accordance with the provisions of
Article 70 of the Revised Penal Code, as amended.
4. At least fifteen (15) years for prisoners convicted of heinous crimes as
defined in Republic Act No. 7659 and other special laws committed on or after
January 1, 1994 and sentenced to one or more Reclusion Perpetua or Life
imprisonment.
5. At least twenty (20) years in case of one (1) or more Death
penalty/penalties, which was/were automatically reduced or commuted to one
(1) or more Reclusion Perpetua or Life imprisonment.
For Conditional Pardon
The prisoner shall have served at least one-half (1/2) of the minimum of his
original indeterminate and/or definite sentence. However, in the case of a prisoner
who is convicted of a heinous crime as defined in Republic Act No. 7659 and other
special laws, he shall have served at least one-half (1/2) of the maximum of his
original indeterminate sentence before his case may be reviewed for conditional
pardon.
Sentence - in law, is the penalty imposed by the court in a criminal case against a
person, known as the “accused”, who is found guilty of committing the crime
charged.
Youth Offender - is defined as a child, minor or youth who is over nine years but under
eighteen years of age at the time of the commission of the offense.