Professional Documents
Culture Documents
Institutional Correction
Institutional Correction
(Institutional Corrections)
UNITS : 3
the study or methods used or employed for punishment and a deterrent of such
behaviour also to accompany the punishment with measures that are intended
to change or correct the offender.
legally defined as the branch of the Criminal Justice charged with the
responsibility of custody, supervision and rehabilitation of convicted offender.
refers to confinement and treatment of adult offenders and juvenile delinquents.
a generic term that includes all government agencies facilities, programs,
procedure, custody and treatment of the offenders.
PENOLOGY – is that part of the science of criminology that studies the principles of punishment
and the management of prisons, reformatories and other confinement units. This term is
coined by Francis Liber.
ELEMENTS OF CORRECTION:
7. Reintegration – it is a form of treatment that will allow the offender to return to the
mainstream of the society.
8. Training School – much more open that of correctional institutions for adults.
9. Community Based Programs – applied to a wide variety of programs that attempt to
control and help the correctional client without taking him/her out of
the normal community.
10. Recidivism – any person who is arrested again and convicted after having him served in
prison or after being on probation or following any punishment or
treatment for crime.
11. System – refers to the entire machinery of the government to include to include the
private sector that are involved in the treatment program or correctional
administration.
12. Prisonization – is the process by which the individual inmates acquires the customs,
folkways, mores, institutional behaviour patterns and the general culture
of the prisoners community.
Approaches in Corrections:
1) The Classical School of Thought – (Beccaria) “Let the punishment fits the crime”.
The philosophy of hedonism and freewill, this is to make a rational choice
between what will cause pain and what will result in pleasure.
2) The Neo-Classical School of Thought – Children and lunatic persons do not have
freewill thus they must be excluded to any punishment since they do not know
what is right or wrong.
3) The Positive School of Thought – (Lombroso) “Let the treatment fits the
criminal”. People cannot always be held accountable for their behaviour because
of the factors beyond their control. This is known as “Determinism”, man’s
freewill can be influenced and dictated by physical, psychological and
environmental conditions. Therefore, criminals should not be punished but
rather be treated because he is having illness which leads him to do wrong.
EARLY FORMS OF CORRECTION: (People believe that when a person commits a crime he was
possessed by demon. The system of correction is focused on casting out demons inside the person’s
body.)
Pungent Potion – drink potion to drive away evil spirit that leads him to commit a crime.
Grotesques Mask – they wear masks and dance around the person who commits a crime
to drive out evil spirit in his body.
Trephination Method – a piece of stone or wood which has very sharp edge that will use
to make a hole at the person’s forehead.
Banishment – a person will be rejected in the community, if he refuse to do so, he will
be killed.
Flogging – is the whipping of stick, rope or leather to a person who violates the law.
Mutilation – cutting some parts of the offender’s body.
Branding – lesser of that mutilation as punishment of crime.
Public Humiliation – gives opportunity to the members of the community to take
vengeance. Offender was heckled and spit upon by passers, throwing of tomatoes or
rotten eggs to the offender.
Exile or Banishment – England prisoners were sent to America in early 1618 as their
captive labor force for the development of colonies. Aso known as “Transportation”.
Work House – inmates will work instead of punishing them.
Theories of Punishment:
A. Absolute Theory – an act of retributive justice, a vindication of absolute right and moral
law violated by the criminal.
B. Relative Theory – centered in:
a. Prevention – to prevent or suppress the danger to the space arising from the
crimes.
b. Self-defense – to protect society from wrong or threat inflicted by the offender.
c. Reformation – to correct and reform the offender.
d. Exemplarity – to deter others from committing a crime.
Code of Hammurabi
1750 BC to 1900 BC (Babylon)
Found in Manama Dharma of India, and Hermes Trismegitus of Egypt
The principle of LEX TALIONES (an eye for an eye and a tooth for a tooth)
Two (2) tired concept (not everybody is equal in imposition of punishment)
Stiffer punishment in offenders from upper classes
Uncivilized due to naked revenge than modern concept of rehabilitation and
treatment.
Mosaic Code
Also retribution
But allows restitution (settlement)
Allowed flogging or burning alive
King Ur-Nammu’s Code
In city of Ur in ancient Sumeria
Restitution as a concept of justice (restorative justice)
Allows fines, mutilation and other savage penalties
Punished offenders and at the same time will paid the victims as a
reimbursement as a result of the crime committed
No death penalty, in case of death is Fine/ Financial consequences
Retribution defers from Restitution:
Retribution – personal vengeance (Retaliation)
- Justice flows from the victim to the offender
- It lowers down the offender
Furca
Ancient Greece around 400 BC
V-shape yolk, worn around the neck
Outstretched arms of the convict were tied
In Ancient Greece
Testimony of the slaves can only be accepted if it was acquired through torture
Reason of imprisonment is to detain those who are undergoing trial
If convicts refuse to be punish or to pay fines will be imprisoned in Romans Style
Their justice is not vengeful/ retributive and must reform the offender also to
deter others to commit crime (humane method only for Greek citizens or
prominent inhabitants “privileged class of Greek society have rights”)
Most brutal find of punishment will only be inflicted to aliens and slaves (those
who belongs to exploited classes)
Citizens will be fined for a crime. If committed by slaves or aliens will likely be
flogged.
Underground Cistern
Detainees are those who are undergoing trial
Sentenced offenders will be hold and be starved to death
Ergastulum (Roman Prison)
The prisoners and slaves were forced to do hard labor
It confines slaves and be attached to workbenches
Justinian Code
In middle ages around 529 AD (Roman Emperor Justin)
This became the Standard Law in Roman Empire particularly in Europe
A revision of the “12 Tables of Roman Law”
12 Tables of Roman Law
Originated between 500 BC
Every crime was contained and specified the penalty for every offense listed in
the said tables
Burgundian Code (500 AD)
Existed around same time as Jesus Christ
Introduced the concept of restitution
Punishment were met according to the social class of the offender
The offender should pay specific value in order not to undergo physical
sufferings as penalty. This is only applied to nobility and middle classes
Death penalty awaits on slaves who commit murder, assaults on noble or middle
class women, sexual relations with the noble and middle class, and giving aid and
comfort to escape offenders
Xenophon and Demosthenes suffered this punishment for their philosophical
beliefs
Paterfamilias:
A concept wherein the head of the family has virtually limitless power to punish
erring family members and slaves.
Centuriate Assembly:
By 509 B.C. a law was passed prohibiting flogging or execution except if this
assembly will affirmed.
Stocks:
A kind of device that was fastened at the ankle, neck and wrist of offender for a
long period of time.
Nicomedian Ethics:
This is a title of a book that was written by Aristotle (in Athens) in his 1 st attempt
to explain crime.
This is about the corrective justice stating “Punishment is a means of restoring
the balance between pleasure and pain”.
Also forwarded the concept of restitution when he wrote “punishment is a
means whereby the loss suffered by the victim is compensated”.
Stoning to Death:
This is practiced in the time of Jesus that is still existed today in Islamic countries
like Afghanistan and Pakistan.
Breaking on the Wheel:
The offender’s body is fastened by metal bands to a board made of wood and
then had their bones systematically broken.
Burning Alive:
Existed in Ancient Greece which was also practiced by the Romans.
Roman Catholic Church also resorts to this punishment during the time of the
inquisition for unbelievers, witches and heretics.
Destierro:
This was Banishment before that was also practiced by the Spaniards and was
incorporated in Codigo Penal in the Philippines.
Ecclesiastical Court:
A court that conducts trials to priests offenders and all those connected with the
church.
More compassionate
Later granted to anyone who was literate
Papal Bull:
By Pope Innocent VIII, in 1487
This allowed refugee offenders to be driven out of the sanctuary if they used this
for committing a crime.
The Inquisition:
Another Ecclesiastical court that has gained historical notoriety throughout the
Ages for his viciousness.
Responsible for detection and punishment of unbelievers and heresy
Officially begin with declaration of the Lateran Council, 1215 which allowed
“Torture”.
Throughout this Dark Age Church can punish anyone, many become victims of
trumped up charges that they were witches or advancing scientific studies.
Galileo Galilee:
Almost burn at the Stake, if only for his popularity.
Because of his discovery that the earth was not flat.
Pope Leo 1:
The 1st Pope that fully express approval for killing human.
Sanctioned death as punishment
Heresy was the crime that was strictly for death penalty.
Priscillian:
The 1st recorded Christian who was put to death for being a heretic.
Pope Innocent III:
Tried to wash hands like Pontius Pelate when it turned over heretics to secular
authorities for proper punishment including death.
Papal Encyclical “Excommunicamus”
By Pope Gregory IX, in 1231, initiated inquisition that led to the burning of
hundreds of heretics.
The burning of non-believers at the stake.
Pope Innocent IV:
Officially introduced torture to the inquisition procedure in 1252.
Encyclical “Tertio Millenio Advenicute”:
By Pope John Paul II, a pro-life pope who reversed culture of death.
Formally apologized past intolerance and use of violence in the defence of truth.
Evangelium Vitae:
By Pope John Paul II, he calls to reject death penalty, abortion, use of
contraceptives and euthanasia.
This challenges to break away from the “culture of death” especially treatment
of killings.
Galleys:
From the middle of 14th century to the beginning of 19th century.
they were slaves chained to oar the ship
practiced in Ancient Rome and Greece
Gaols – also known as Jails
Gaolers – also known as Jailers
Hard for poor prisoners but not for the wealthy ones because of the highest rate
of accommodations and other payments.
The Brank:
This is a metal frame that was put in the head like a hat and a painful
mouthpiece was inserted in the mouth.
King Henry VIII (In England)
He decreed corporal punishment for vagrants in 1531 and penal slavery in 1547.
Nobility gets their privileged status in the society.
Bridewell Institution:
In 1556 Bridewell England
Some writers claim that this took place in 1552 during the reign of King Edward
VI
Established as a workhouse for vagabonds, idlers and rogues.
Employs a system wherein vagrants and prostitutes were given works while
serving their sentence. This system is called the Bridewell System.
This system is utilizing prison labor for benefits of wealthy individuals and
government officials.
Mercantilism – Capitalism
Feudalism – Landlords
Guillotine:
Introduction of a cleaner and swifter method of executing convicts.
Penitentiary Act:
An act passed in the year 1779, mandated the establishment of a prison system
based on solitary confinement, hard, labour, and religious instruction.
Norfolk Prison:
At wymondham, England was opened after five years of P.A. of 1779.
National Penitentiary:
Of millbank followed to open in 1821.
Pentonville National Penitentiary in 1842.
1895 – A committee tasked to make an assessment of the entire English prison system
found it to be a failure and recommended that both deterrence and reformation should
be carried equally as to goal of imprisoning convicts or training should be incorporated
in the program of prisoners.
Fort Santiago in Manila and Fort Pillar in Zamboanga City:
Built by Spaniards as a defence against pirates and bandits groups who refuse to
recognize the colonial authority of Spain.
Built thru corvee labour.
Corvee Labour - Services rendered not for punishment but thru force
labour, abducted at large from general populace by Spanish
conquistadors.
Prison Labour in Marseilles, France ( 18th Century )
Was organized into state factory and was rented out to a group of merchants. A
M.O.A. is signed by the contracting merchant on state for utilization of able
bodied prisoners. This development sowed the seeds of practice of providing
health service.in prisons to treat medical problems of prisoners.
Amsterdam, New York (1600’s )
A place where the first recorded prison in the colonies was established.
Incarceration’s common use was for those undergoing trial and for those who
refused to pay debts other than for punishment.
Connecticut and Maine:
Used underground facilities to incarcerate offenders for many years due to lack
of funds for the establishment of formal prison institution.
Maine State Prison:
Contained cells in the pits similar to underground cistern that used to detain
offenders undergoing trial and hold sentence offenders where they will be starve
to death.
These pits are entered through an iron grate in the ceiling and are being used
(1828 ).
The State of Connecticut:
Used a copper mine at Simsbury from 1773 to 1827 as prison facilities.
Prisoners worked in the mines during the day and their ankles and necks are
shackled during night time to prevent escape.
Sing Sing Prisons:
Became famous in the world and was the plot of many movies filmed because of
Sing2x Bath inflicted aside from floggings, denial of reading materials and solitary
confinement.
The shower bath was a gadget so constructed as to drop a volume of water on
the head of a locked naked offender.
The force of icy cold water hitting the head of the offender caused much pain
and extreme shock that prisoners immediately sank into the comas due to the
shock and sudden drop in the body temperature.
The sing sing bath becomes more frequent when flogging was declared illegal in
1847.
St. Michael Prisons:
Introduced by Roman Catholic as an innovative prison system for punishing
offenders.
The prison that was divided into cells and this was first established in 1704.
During the reign of Pope Clement XI
The prototype of the reformatories for juvenile offenders.
A proof that retribution and repression is an object failure in the control of
criminality.
Emphasized the rehabilitative concept and pioneered the segregation of
prisoners and force silence to make the prisoners contemplate their
wrongdoings.
Physical torture was minimized and reserved for incorrigibles.
This was supplanted by mental and psychological stress due to extreme
loneliness of segregation and force labour.
Convicts are chained in one foot and observing strict rule of silence.
They listened to religious brothers giving religious teachings.
Many of the practices pioneered in St. Michael were later adopted in U.S. in
what is now known as the Auburn System of Imprisonment.
Auburn System:
Prostituted and convoluted version of the St. Michael system as espoused by the
Roman Catholic Church.
In Auburn, New York ( 19th Century )
Solitary confinement began to be experimented on some three (3) years after it
started to operate.
Tiny cells where built for individual prisoners where he is confined without any
exercise or any activity.
This system was designed to make the prisoners not in inactivity while in solitary
confinement.
Any prisoners who dared speak or make any sound was severely whipped.
This system resulted in substantial number of suicides and insanity and the
practice was abandoned 5 years after it was introduced.
Solitary confinement as a method of punishment was abandoned in the U.S.
because prisoners can’t be made productive and unprofitable to maintain.
This system was modified to allow the prisoner to work during day time in
common areas but must maintain absolute silence and then spend their nights in
solitary confinement.
This modification was adopted because it was found out that people working
collectively in common areas produced more benefits that working individually.
Pennsylvania System:
Late 18th century to early 18th century, Pennsylvania became a leading innovator
in prisons operation.
The rival of Auburn system during these times.
Based on the concept on solitary confinement and rendering labor.
Each cell has small exercise area to allow the prisoner to maintain physical
condition to be more valuable in production.
This facility has a work area for day time works.
Allow bible reading for spiritual and emotional transformation, to be productive
upon release.
In Pennsylvania, three institution were built:
a. Walnut Street Jail (1790)
b. Western Penitentiary (1826)
c. Eastern Penitentiary (1830)
b. State Account System - Contractors’ provide raw materials and pay the state
c. State Used System - Is a more risky venture buy if properly manage, would
business itself in all aspect, construct the factory, buy all the
TRUSTEES – are minimum security convicts whose task to guard their fellow
inmates. These convicts are secured with certain privileges that are not granted
to ordinary prisoners.
3. Chain Gangs:
Prisoners were brought out from their incarceration cells and made to
work in reconstruction projects.
Secured by being chained together.
Sweat Box – used as punishment wherein prisoners were put to this steel box
in the hot sun. Also called as the “Plantsa” in the Philippines.
4. Custody-Oriented Prison:
Prisoners are punished by confining them only to their cells and isolating
them from the rest of society.
Custodial force provides only custodial care.
Used in Super Maximum Prison facilities where the occupants are
hardened criminals who are likely to escape when given a little freedom.
Riots generally occur due to boredom.
Huber Act – a law in the state of Wisconsin in 1913 that legalized work release
program in the state.
Immanuel Kant:
John Howard:
A sheriff from Bedfordshire, England
Concerned at the savage and inhuman conditions obtained in his country’s prisons.
Visited hundreds of incarceration facilities across many countries in Europe and found
them to be as bad as the English prisons.
He wrote this into a book and made numerous recommendations to reform the prison
system.
Many of his landmark recommendations were incorporated into the Penitentiary Act of
1779 and adopted as standard procedure in the first modern prison constructed in the
year 1785 in Norfolk, England.
a. Maintenance of facilities
b. Separation of children and women from other offenders
c. Provision of sanitation
d. Adequate salary for the Jailers
The ruler of England who ordered the abolition of death penalty but this does not mean
that he is more civilized, just and humane ruler.
He decreed that no one should be deprive of life but the replacement punishment is just
as brutal and inhuman.
Offender’s eyes shall be gouged out and his feet, hands and testicles were cut off.
Reformatory Movement:
Houses of Refuge:
Young prisoners here have to work hard producing many products all day and receiving
no pay.
In return, basic education classes and religious indoctrination.
Infractions of prison rules and regulations will merit corporal punishment, solitary
confinement and deprivation of the privilege to play.
In 1876, young female prisoners began to be admitted to these Houses of Refuge.
Elmira Reformatory:
Opened in 1876, the 1st penal institution to remodel its penal philosophy away from
punitive and retributive practices and veered it towards reformation and treatment.
Educational and Vocational Trainings were imparted to the prisoner as a way to treat his
lack of skills to survive according to the rules of the outside society.
Religious programs were also provided as a way to instil spirituality and correct values
that are necessary ingredients for his reformation.
Shot Drill:
Treadmill:
Another form of punishment wherein prisoner is made to climb up 14,000 feet of stairs
per day.
George Santayana – a Spanish Philosopher who wrote that those who fail to learn from
the lessons of history are condemned to repeat his mistakes.
Code of Kalantiaw:
Decreed by Datu Kalantiaw, about hundred years before the coming of the
Spanish colonizers.
The most extensive code which is comparable to the Greek, Roman, English and
Spanish Laws.
This code contains only eighteen (18) articles but enough to bring peace and
harmony.
This code also shows strong respect for god, the dead and even the environment
with each rule on the protection of the valuable trees, manual birds and white
monkeys.
Father Conrado Balweg:
The priest who turned rebel during the Martial Law years in the 1970s.
In 1980s, he surrendered to the government and formed the Cordillera People’s
Liberation Army.
One of his group’s demands is for the Philippine government to recognized the
“BODONG”
BODONG – some kind of a court that settles tribal and even individual people’s
conflict.
NATIONAL PENITENTIARY
A. BILIBID PRISON:
The 1st penal institution in the country that was constructed sometime in the
year 1847 in the Bilibid district of the CITY OF MANILA.
Already in operation since 1847 but was only recognized and formally designated
as an Insular Penitentiary through a Royal Decree issued in 1865.
Constructed in a radial shape similar to the spoke of a wheel.
Commanding tower was erected at the center of the spokes.
The buildings “Brigadas” are made of very strong adobe stones.
Specializes industrial type of vocational training.
Offers High School Education
R.A. 9263 – An act providing for the professionalization of the Bureau of Fire Protection (BFP)
and the Bureau of Jail Management and Penology (BJMP).
Sec.1. Title - otherwise known as “Bureau of Fire Protection and Bureau of Jail
Management and Penology Professionalization Act of 2004”
To maintain peace and order, protect life, liberty and property and promote the
general welfare essential for the enjoyment by all the people of the blessings of
democracy. (Art.II, Sec.5 of the Phil. Cons.)
The task of jail management and penology shall be the responsibility of the
BJMP.
In time of national emergency, BFP and BJMP along with the PNP shall, upon the
direction of the President, assist the AFP in meeting the national emergency.
(sec.3, RA 8551 of 1998).
The state shall provide for the professionalization and restructuring of the BFP
and the BJMP by upgrading the level of qualifications of their uniformed
personnel and standardizing their base pay, retirement and other benefits,
making it par with those of the PNP and AFP.
Sec.3 – Organizations and Key Positions of the BFP and the BJMP.
The BFP/ BJMP shall be respectively headed by a Chief who shall be assisted by
two (2) deputy Chiefs, one (1) for administration and one (1) for operation, all of
whom shall be appointed by the President upon the recommendation of the
Secretary of the DILG from among the qualified officers with at least the rank of
senior superintendent in the service.
Retirable within six (6) months from his compulsory retirement age
(cannot be appointed as the Chief of BFP/BJMP).
Chief of the BFP/BJMP (shall serve a tour of duty not to exceed four (4)
years)
In times of war or other national emergency declared by the Congress
(the President may extend such tour of duty).
The Heads of the BFP/BJMP with the rank of director shall have the position title
of Chief of the Bureau.
The second officer in command of the BFP/BJMP with the rank of Chief
Superintendent shall have the position title of Deputy Chief for Administration of
the Bureau.
The Third officer in command of the BFP/BJMP with the rank of Chief
Superintendent shall have the position title of Deputy Chief for Operation of the
Bureau.
The Fourth officer in command of the BFP/BJMP with the rank of Chief
Superintendent shall have the position title of Chief of the Directorial Staff of
the Bureau, who shall be assisted by the directors of the directorates in National
Headquarters office with at least the rank of Senior Superintendent.
Regional offices shall be operated and maintained by the Regional Director with
the rank of senior superintendent and shall be assisted by the following officers
with the rank of superintendent:
Assistant Regional Director for Administration (ARDA)
Assistant Regional Director for Operation (ARDO)
Regional Chief of Directorial Staff
JO1 to SJO4 – appointed by the Regional Director for the regional office or by the
Bureau Chief for the National Headquarters Office and attested by the Civil
Service Commission (CSC).
JAIL INSPECTOR to JAIL SUPERINTENDENT – appointed by the Bureau Chief as
recommended by their immediate superiors, and attested by the CSC.
JAIL SENIOR SUPERINTENDENT – appointed by the Secretary of the DILG upon
the recommendation of the Bureau Chief with the proper attestation of the CSC.
JAIL CHIEF SUPERINTENDENT to JAIL DIRECTOR – appointed by the President
upon the recommendation of the Secretary of the DILG with the proper
endorsement by the Chairman of the CSC.
Sec.6 – Lateral Entry of Officer into the BFP and the BJMP:
Jail Director 28
Jail Chief Superintendent 27
Jail Senior Superintendent 26
Jail Superintendent 25
Jail Chief Inspector 24
Jail Senior Inspector 23
Jail Inspector 22
Senior Jail Officer IV 19
Senior Jail Officer III 18
Senior Jail Officer II 17
Senior Jail Officer I 16
Jail Officer III 14
Jail Officer II 12
Jail Officer I 10
The BJMP envisions itself as a dynamic institution highly regarded for its
sustained humane safekeeping and development of inmates.
The Bureau aims to enhance public safety by providing humane safekeeping and
development of inmates in all district, city and municipal jails.
CATEGORIES OF INMATES:
a. Insular Prisoner – sentenced to a prison term of three (3) years and one (1) day
to death.
b. Provincial Prisoner – sentenced to a prison term of six (6) months and one (1)
day to three (3) years.
c. City Prisoner – sentenced to a prison term of one (1) day to three (3) years.
d. Municipal Prisoner – sentenced to a prison term of one (1) day to six (6) months.
a. Commitment Order
b. Medical Certificate
c. Complaint/ Information