History of Punishment

Eventually, people realized that having families constantly seeking revenge on

each other wasn't a productive way to live, so laws and rules regarding crime and
punishment were established.
These new laws were designed so that the punishment matched the crime, even
though more often than not, the punishment was still inflicted by the victim as a form of
revenge. The Code of Hammurabi became one of the first legal codes to be
established, and modern criminal justice is still influenced by it.
Hammurabi and the Laws of Retribution
Hammurabi was a Babylonian king who ruled from 1792 until 1750 B.C.E. The
Code of Hammurabi was a set of legal precedents for different types of crimes and
disputes, ranging from family law to contracts and major crimes — this is one of the
earliest examples of the "innocent until proven guilty" adage that we still follow today. 
The Code of Hammurabi included specific punishments based on the criminal's
age, social class and gender. For example, if a rich man was found guilty of stealing, he
would be charged a higher fine than if a slave was found guilty of stealing. Alternately,
the punishment for killing a rich person would be far more severe than for killing a slave
But the punishments weren't always as logical as the laws themselves. The
punishments could be extremely gruesome and cruel since they relied heavily upon the
laws of retribution, or "an eye for an eye." So, if a man broke his colleague's leg, then
his punishment would be to have his own leg broken. The punishments could end up
being as severe as mutilation, dismemberment or even violent death.
Plato and Aristotle
Early philosophers play a major role in how we look at crime and punishment
today. They also help us understand why crime and punishment are important. They
helped humanity understand that the reason for committing a crime can have an impact
on how severe a punishment should be.
Plato and Aristotle, in particular, are responsible for our understanding of the
relationship between crime and punishment today. These two philosophers helped us
understand why it's equally important to uncover why a person commits a crime as it is
to ensure others don't commit the same crime. They also pointed out that the two are
often closely related, as well:
 Plato: Plato claimed that a major reason why people commit crimes was
because of a lack of education and wealth. People who lived in poverty and who
were uneducated — probably because they couldn't afford to get an
education — were more likely to commit crimes, often just to survive. Plato
believed that crimes should be punished, of course, but the punishment should
reflect the degree of fault rather than the severity of the crime. For example, if a
 man was caught stealing bread to feed his starving family, he should receive a
lesser punishment than a man who steals bread for himself.
 Aristotle: Meanwhile, Aristotle was explaining that punishments and responses
to crime should be used as an opportunity to prevent others from committing
crimes. He believed that when criminals receive punishment, it should be severe
enough that it warns the rest of society to not commit the same crime while also
reminding the criminal to not commit a crime again.
Roman Law and Secularism
The Romans were the first people to look at crime and punishment as a purely
human trait. Historical crime and punishment commonly claimed that punishing a
criminal was "doing God's work" and that committing a crime was the same as sinning. 
But the Romans saw crime as an insult to society as a whole, and Roman Law
was established to bring order to society. Roman Law was less concerned about
pleasing religious deities and more concerned with ensuring society was safe, orderly
and fair. 
Many of the basics of Roman Law are still practiced in modern civil law and
criminal justice in the 21st century.
Middle Ages and Christianity
The evolution of crime and punishment took a few steps backward in the Middle
Ages when the rise of Christianity made it closely linked to religion again. This meant,
once again, crimes were considered to be acts against God, and punishments for these
crimes were God's work.
The punishments were still cruel, severe and often inhumane, because they
were designed to rid the criminal of the devil's influence. Historical crime and
punishment were violent and gory, including a type of punishment designated for
situations in which a person's guilt was unclear. 
In a "trial by ordeal," a person would be put into a life-threatening situation, and
their survival would reveal whether they were guilty or innocent. 
St. Thomas Aquinas
It wasn't until St. Thomas Aquinas wrote his "Summa Theologica," a treatise on
law, crime and punishment, that the history of punishment started turning towards
secularism. Aquinas explained that there was a God-given "natural law" that existed and
that humans were naturally designed to do good. 
When a human committed a crime, Aquinas believed it was both an affront on
God as well as society. He claimed that crimes negatively impacted both the victims and
the criminals. The victim was negatively impacted because they were the victim of a
crime, but the criminal was to be pitied because, by committing a crime, they were
moving further away from God and losing their humanness.
It was Aquinas and his compassionate take on punishments that helped create
modern laws.
Cesare Beccaria and Secularism
Secularism has popped up and disappeared several times throughout the history
of crime and punishment. But the eventual separation of church and state brought
around a new way of thinking about crime and punishment — a way that stuck. 
Italian writer Cesare Beccaria wrote a book — called "On Crime and
Punishment" — in which he stated that punishments should match the severity of a
crime and that it should be a way to scare others from committing crimes. 
 This isn't a new idea, of course, but it caught the attention of many, since
Beccaria also stated that it was more important to prevent crime than to punish it. He
also believed that there should be laws and rules in place that everyone must follow
when it comes to doling out punishments. He believed that judges should only be
allowed to decide if a person was guilty or innocent and that any punishments that
needed to be given should be picked from a pre-approved list.
This meant that judges couldn't simply make up whatever punishment they
wanted for a guilty criminal. They now had to follow the legislature that specifically
stated what the punishment for certain crimes would be, which made it impossible for
any judges who still enjoyed cruel and unusual punishment to torture people.
Early Forms Of Punishment
The following forms of punishment are described in a booklet by John N Merrill.
The publication is titled “Punishment in Derbyshire” and the author has used examples
of various forms of punishment from local Derbyshire records. Merrill lists the
punishments in what he considers the most lenient to the harshest.
Stocks and Pillories.  These were considered a mild form of punishment. Stocks were
used as far back as Roman times. In 1351 a British Act was passed whereby stocks
were to be placed in every town. Initially they were to punish those who refused to take
an oath to observe the law. Eventually, they were used mainly for those who caused
disturbances of the peace and those who were drunk. Pillories became popular in the
18th century. Rather than having the feet clasped as with the stocks, the pillories
immobilized the head and hands.
Whips. Pillories were sometimes used as whipping posts. In 1791 whipping of females
ceased.
Houses of Correction. During the reign of Elizabeth I, it was passed that all shires
have at least on House of Correction for “rogues, vagabonds and sturdy beggars”.
These places were used until 1839 with the passing of the Police Act.
Gossips Bridle. An iron frame was placed over the head. It had a gag or a plate (or
sometimes a sharp knife or pointed metal) which was placed in the woman’s mouth to
prevent her from moving her tongue. With the bridle in place, the woman was led
through the streets by an attached chain or was chained to a whipping post, and
subjected to insult and degradation.
Ducking Stool. This was used mostly for brawling
women from around 1560 to 1750. A culprit was
placed on a stool attached to a wooden arm which
swiveled from an upright post beside a pond. The
number of duckings was usually three.
Lock-ups. These replaced the pillories and
usually housed brawlers and drunkards. They
were also used as overnight accommodation for
prisoners being transported across the counties.
County Gaol. Although each county had its own
Sheriff in 1566, not all counties had gaols until
some 50 years later. They presented terrible
conditions and were often riddled with disease and
overcrowded. Debtors were also incarcerated in the county gaols.
Branding. In the 17th century, a convicted man could claim “Benefit of Clergy” for
exemption. He had to prove to the Court that he could read and so was regarded as
being a clerk. The left hand was branded with a hot iron. Branding was sometimes done
on the cheek. It was abolished in 1822.
Death for witchcraft.  During the reign of James I from 1603 to 1625, it is believed that
more than 3,000 witches were executed. Witch hunting became a popular sport and
many protested their innocence but were hanged. It was finally abolished in 1736.
Transportation.  Criminals were transported to America between 1718 and 1772 until it
was halted by the American War of Independence. The establishment of a penal
settlement at Botany Bay saw the beginnings of transportation here.
Judgement of Penance. Punishment was meted out to those who remained silent in
the witness box. Between 1399 and 1413, under Henry IV, if a witness remained silent
after being asked to answer a question a third time they were taken to a dark dungeon,
laid on their backs, and a heavy iron weight was put in place. Gradual starvation
followed until death occurred. In 1772 an Act was passed stating that silence assumed
a verdict of guilty. In 1827 a further Act assumed that silence was a plea of not guilty.
Capital punishment. The death penalty was frequently used up to 1829. After that it
was only used for crimes of murder or high treason. After 1868, executions were
conducted in private rather than in public places.
Burning to Death. This brutal punishment for women who committed treason was
replaced with hanging from around 1790.
Hung, drawn and quartered. Examples of this gruesome form of punishment occurred
during the time when the Roman Catholic faith in England was being persecuted by
Queen Elizabeth I.
Gibbet. This was also a gruesome form of punishment. Once a murderer was convicted
and hung, his body was taken to the scene of the crime and hung in a gibbet, a frame
specially made for the victim.
The Rise of Prisons
Before the 18th century, prisons were mostly used to hold prisoners before their
trial or before their public corporal punishment. They weren't considered to be very good
at deterring criminals from becoming repeat offenders or a legitimate way to punish a
person.
However, as lawmakers began to outlaw public punishments, prisons started to
become popular. As a result, 18th-century prisons were extremely overcrowded.
Prisoners would often fall ill and die because they were crammed together in small,
filthy spaces.
Prison overcrowding was so bad that Britain began banishing criminals to
isolated lands, like Australia and the Americas. Plus, prisoners were not separated by
crime or even by gender — so a murderer and a petty thief were thrown into the same
room with hundreds of other criminals without a second thought. 
Corrupt jailers and a lack of staff to help keep the prison safe and secure made
for even worse circumstances — and many times, people would stay in prison for longer
than their sentence because they couldn't afford to pay the jailers to let them out.
People began suggesting the need for prison reform, but it wasn't until the 19th
century that it truly began.
How Did Prisons Change in the 19th Century?
The 19th century saw prison reform in the way of individual cells. Advocates like
Elizabeth Fry worked to improve the conditions for women in prison and took it upon
herself to teach imprisoned women certain skills.
Men's prisons often had cruel practices, such as forcing prisoners to remain
isolated — not even allowed to talk, in some cases — and inactive. Corporal
punishment, like flogging, was still the norm, just done inside prison walls now — this
resulted in many prisoners killing themselves, supporting Fry's claim that prisons were
inhumane and uncivilized. 
 She advocated for improvements for the lives of prisoners and helped change
society's attitude about prisons and prisoners — mainly that prisoner rehabilitation was
a better use of taxes.
How Did Prisons Change Over Time?
From the early 20th century through today, prisons have changed and been
improved as we become more and more aware of how humanity functions. The cruel
and unusual punishments that still hung around in prisons in the 19th century began to
be phased out, once it was understood that they were ineffective. 
Instead, we now focus more on rehabilitation and reform. Improvements in the
prison system include better food, sanitary conditions and the opportunity for inmates to
take classes and learn useful trade skills they can use once freed. Instead of focusing
on how to punish people for crimes they've committed, we now work to understand what
led them to commit the crime and find ways to prevent others from following similar
paths.
We also have started to understand the importance of prison as a place in which
to rehabilitate the person, so they can return to society with new skills and education
that may not have been available to them before. 
Historical Perspective of Corrections
13th Century. Securing Sanctuary - In the 13th century, a criminal could avoid
punishment by claiming refuge in a church for a period of 40 days.
1576. England ordered that each county should construct an institution for the
confinement of offender, which is popularly known as the “English House of Correction
or Bridewell-style house of corrections and Workhouses.
16th Century. Transportation of criminals in England was authorized. At the end of this
century, Russia and other European Countries followed this system. This practice was
abandoned in 1835.
18th century. known as the “Age of Enlightenment” additional jails were constructed
due to the decreasing opportunities for transportation of criminals to other countries and
the elimination of the need of galley slaves
Gaols (jails) – the description given to pretrial detention facilities operated by English
sheriff in England during the 18th century.
Galleys - long, low, narrow, single decked ships propelled by sails, usually rowed by
criminals. A type of ship used for transportation of criminals in the 16th century.
Hulks (Floating Hell) – these are former warships used to house prisoners in the
18th and 19th century. The hulks were originally intended only as a temporary solution
to a problem, but they were not completely abandoned until 1858, eighty years later.
Ordeal – is the church’s substitute for a trial until the 13 th century wherein guilt or
innocence was determined by the ability of the accused of being unhurt through
dangerous and painful test.
EARLY CODES
1. Babylonian and Sumerian Codes
Code of King Hammurabi (Hammurabic Code) – Babylon, credited as the oldest code
prescribing savage punishment around 1759 BC. But in fact, Sumerian codes were
nearly 100 years older. The main concept of Hammurabic code is “lex talliones” which
means “an eye for an eye; a tooth for a tooth”.
2. King Ur-Nammu’s Code
Decrees the imposition of restitution and fines of execution, mutilation or other savage
penalties.
Analysis of King Ur-Nammu’s also carries a concept of restorative justice that re-
establish the lost relationship between the involved parties in crime that existed before
the commission of crimes.
3. Roman and Greek Codes
 a. Justinian Code , 529 AD. Emperor Justinian of Rome wrote his code of
law. This code was a revision of the 12 tables of Roman. However, the
law did not survive due to the fall of the Roman Empire but left a
foundation of Western Legal codes.

The Twelve Tables – represented the earliest codification of Roman law incorporated
into the Justinian code.
b. Greek Code of Draco – Greece, a harsh code that provides the same
punishment for both citizens and the slaves as it incorporates primitive
concepts. The Greeks were the first to allow any citizen to prosecute the
offender in the name of the injured party.
4. The Burgundian Code (500 AD) –

This code introduced the concept of restitution. This code specified punishment
according to the social class of offenders, dividing them into: Nobles, Middle class and
Lower class and specifying the value of the life of each person according to social
status.

509 B.C. A law was passed prohibiting flogging or execution unless affirmed by the
Curiate Assembly.

Curiate Assembly was the principal legislative assembly during the era of the Roman
Kingdom. While its primary purpose was to elect new kings, it also possessed
rudimentary legislative powers

CONCEPT OF PUNISHMENT
What is Punishment?
 The general concept is that it is the infliction of some sort of pain on the offender
for violating the law. In the legal sense, it is more individual redress or personal
revenge. Punishment therefore is defined as the redress that the state takes
against an offending member.

Contemporary Forms of Punishment

a. Imprisonment - Placing offenders in prison for the purpose of protecting the public
and at the same time rehabilitating them by requiring the latter to undergo institutional
treatment program.
a. Parole - Parole is defined as a procedure by which prisoners are
selected for release on the basis of individual response and progress
within the correctional institution and by which they are provided with
necessary controls and guidance as they serve the remainder of their
sentences within the free community.

b. Probation - It is a procedure under which a defendant after found

guilty of a crime is released by the court without imprisonment subject
to the conditions imposed by the court and subject to the supervision of
a probation officer (P.D. 968 as amended by R.A. 10707).

Justification for Punishment

a. Retribution - “retribution” generally means “getting even”

with the perpetuator. It refers to the theory of punishment that
says an offender should be punished for the crimes committed
because he or she deserves it.

b. Deterrence - it is a justification for punishment based on the

belief of the prevention or discouragement of crime through fear
or danger.
 Specific Deterrence – is directed toward the individual offender. The rationale
is that by making the punishment sufficiently unpleasant, the offender would be
discouraged from committing violations in the future.
 General Deterrence - is designed to use the offenders to “set an example” for
those who might otherwise consider engaging in similar criminal acts.

c. Expiation or Atonement - this was in the form of group

vengeance, as distinguished from retribution, where punishment
is exacted publicly for the purpose of appeasing the social
group.
 d. Reformation - Society’s interest can be best served by helping
the prisoner become a law abiding citizen and productive upon
his return to the free community by requiring him to undergo
intensive rehabilitation in prison.

e. Protection - rehabilitation of criminals and protection of the

public go hand in hand. If reformation is achieved, then the
public protected.

Early Concept of Punishment

King Henry VIII. Decreed corporal punishment for vagrants in 1531 and penal slavery
in 1547 to defend the interest of the still dominant landloard.
Bridewell system/Institution. England established in 1556 as workhouse for
vagabonds, idlers, and rogues. It was a reform over the traditional unworkable system
of punishment.
Saint Bridget’s Well – England’s first house of correction.
Penitentiary Act 0f 1779. This act was passed that mandates the establishment of a
prison system based on solitary confinement, hard labor, and religious instruction.
Walnut Street Jail – originally constructed as a detention jail in Philadelphia. It was
converted into a state prison and became the first American Penitentiary.
Hospicio de San Michelle –the first home for delinquent boys ever established. Built
by Pope Clement XI in Rome for housing incorrigible youths under 20 years of age.
The Pioneers for the Age of Enlightenment
1. William Penn (1614-1716) - He is the first leader to prescribe imprisonment as
correctional treatment for major offenders. He is also responsible for the
abolition of death penalty and torture as a form of punishment. He fought for
religious freedom and individual rights.

2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de

Montesiquieu – 1689 –1755). A French historian and philosopher who analyzed
law as an expression of justice. He believed that harsh punishment would
weaken morality and that appealing to moral sentiments as a better means of
preventing crime.
 3. Voltaire (Francois Marie Arouet, 1694-1778) - He believes that fear of shame
was a deterrent to crime. He fought the legality-sanctioned practice of torture.

4. John Howard (1726-1790) – the “Great Prison Reformer”- The sheriff of

Bedsfordshire in 1773 who devoted his life and fortune to prison reform. After his
findings on English Prisons, he recommended the following:
a. single cells for sleeping;
b. segregation of women;
c. segregation of youth;
d. provision of sanitation facilities; and
e. abolition of the fee system by which jailers obtained money from prisoner.

5. Sir Robert Peel. In 1821, Peel was appointed as home secretary and
immediately set about reforming the criminal code and applying Howard’s
principles to local prisons.

6. Cesare Beccaria (Cesare Bonesa, Marchese de Beccaria, 1738-1794) - He

wrote an essay entitled “ An Essay on Crimes and Punishment”. This book
became famous as the theoretical basis for the great reforms in the field of
criminal law. This book also provided a starting point for the classical school of
criminal law and criminology.

7. Jeremy Bentham – (1748-1832) - The greatest leader in the reform of English

Criminal Law. He believes that whatever punishment designed to negate
whatever pleasure or gain the criminal derives from crime, the crime rate would
go down.

He devise the ultimate Panopticon Prison – a prison that consists of a large circular
building containing multi cells around the periphery but it was never built.

8. Alexander Macanochie – He is the Superintendent of the penal colony at

Norfolk Island in Australia (1840) who introduced the Mark System. A
 progressive humane system in which a prisoner is required to earn a number of
marks based on proper department, labor and study in order to entitle him for
ticket for leave or conditional release which is similar to parole.

Macanochie’s Mark System consists of 5 stages:

1. Strict custody upon admission to the penal colony
2. Work on government gangs
3. Limited freedom on the island within a prescribed area
4. Ticket of leave
5. Full restoration of liberty

9. Manuel Montesimos - the Director of Prisons in Valencia Spain (1835) who

divided the number of prisoners into companies and appointed certain prisoners
as petty officers in charge, which allowed good behavior to prepare the convict
for gradual release.

10. Domets of France - established an agricultural colony for delinquent boys in

1839 providing housefathers as in charge of these boys.

11. Sir Evelyn Ruggles Brise - the Director of the English Prison who opened the
Borstal institution for young offenders. The Borstal Institution is considered as
the best reform institution for young offenders today.

12. Walter Crofton - he is the director of the Irish Prison in 1854 who introduced the
Irish system that was modifies from the Macanochie’s mark system (progressive
stage system or Irish system).

13. Zebulon Brockway - the Director of the Elmira Reformatory in New York (1876)
who introduced certain innovational programs like the following training school
type, compulsory education of prisoners, casework methods, extensive use of
parole, indeterminate sentence.
The Elmira Reformatory, 1877 – considered as the forerunner of modern penology
because it had all the elements of a modern system such as:
1. Training school type
2. Compulsory education of prisoners
3. Casework methods
4. Indeterminate sentence

14. Jean Jacques Philippe Villai – founded the Maison de Force in Gent, Belgium.
He introduced:
a. felons and misdemeanants should be separated; and
b. women and children must have separate quarters

15. Fred T. Wilkinson - the last warden of Alcatraz Prison.

16. James Bennet – director of Federal Bureau of Prisons who wrote about the
closing of Alcatraz Prison. It opened in 1934, closed on March 31, 1963 but it
was costly on operation. When it closed, it has 260 inmates. Alcatraz now, a
tourist destination in New York.

17. 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 to 1875.

18. Classification Movement. The movement for modern correctional reforms

started with the reorganization of the Federal Prison System in 1930, placing the
penal institution of the United States under the centralized jurisdiction of the
Federal Bureau of Prisons. This movement recruited professionally trained staffs
and accentuated the rehabilitation programs.

19. California Prison, 1944. after the second world war, the California Prison
system was reorganized which included the establishment of Reception and
Diagnostic Center as a new type of facility for the study of the prisoners and the
preparation of his treatment and training program in prison.
Two Rival Prison System in the History of Corrections:
1. The Auburn Prison System – also known as the “Congregate System”.
The prisoners are confined in their own cells during the night and congregate
work in shops during the day. Complete silence was enforced.

2. The Pennsylvania Prison System – also known as the “Solitary System”.

Prisoners are confined in single cells day and night where they lived, slept, ate
and receive religious instructions. Complete silence was also required. Prisoners
are required to read the bible.

THE GOLDEN ERA OF PENOLOGY

1. Penology – as a branch of Criminology, which deals with the management, and
administration of offenders.

The word penology was coined by Dr. Francis Leiber. It simply means the treatment of
criminals. THE GOLDEN AGE OF PENOLOGY – The period from 1870 to 1880 was
considered the golden age of Penology because of the following significant events:
a. The National Prisons Association in 1870 was organized in Cincinnati
b. The first International Prison Congress was held in 1872 at London which
established the International Penal and Penitentiary Commission and in
1875, its Headquarters was established at Hague, the Netherlands.
c. The Elmira Reformatory was established in New York in 1876
d. The first separate institution for women was established in Indiana and
Massachusetts.

2. Corrections

 is that branch of the administration of the criminal justice charged with the
responsibility for the custody, supervision and rehabilitation of the convicted
offender.
 Correction is the fourth pillar of the CJS. Considered as the weakest pillar of
the Criminal Justice System
2 forms of Corrections

1. Institutionalized Correction - The rehabilitation of offenders in

jail or prison.

2. Community-Based or Non-Institutionalized Corrections -

refers to correctional activities that may take place within the
community.

3. Rehabilitation

 is a punishment philosophy, which asserts that through proper correctional

intervention, a criminal can be reformed into a law-abiding citizen.

Purposes of Punishment
1. To segregate offenders from society; and
2. To rehabilitate him so that upon his returns to the society he shall be responsible
and law abiding citizen.

2 legal grounds for detaining a person

1. commission of a crime
2. violent insanity or any other ailment that needs compulsory confinement in a
hospital.

The rules on the admission, custody and treatment of inmates:

 1. seek to promote discipline and to secure the reformation and safe custody of
inmates.
2. shall be applied impartially, without discrimination on grounds of race, color,
sex, language, religion or other opinion, national or social origin, property,
birth or other status.
3. Shall be enforced with firmness but tempered with understanding.

Pre-release Treatment
It is the program specifically designed and given to a prisoner, during a limited
period, prior to his release, in order to give him an opportunity to adjust himself from the
regimented group like in prison to the normal, independent life of a free individual.

INSTITUTIONAL CUSTODY, SECURITY AND CONTROL

Aims of institutional security:
1. To prevent escape;
2. To control entry of contrabands;
3. Maintenance of good order

CUSTODY – Defined as the guarding of penal safekeeping. It involves security

measures, locking and counting routines, produces for searching prisoners and their
living quarters, and prevention of contraband.
CONTROL – It involves supervision of prisoners to insure punctual and orderly
movement to and from the dormitories, places of work, church, hospitals, and
recreational facilities in accordance with the daily schedule.
Contraband - anything that is contrary to prison rules and regulations
Prison Discipline – it is the continuing state of good order and behavior in prison. It
includes the maintenance of good standards of work, sanitation, safety, education,
personal health and recreation.
PREVENTION DISCIPLINE – Involves prompt correction of minor deviations before
they become serious violations, which may be dealt with a reprimand or warning and is
used when the deviation is:
1. trivial
 2. due to ignorance or lack of understanding; or
3. the result of careless or faulty habits.

DIVERSIFICATION - Is an administrative device of correctional institutions of providing

varied and flexible types of physical plants for the effective central control of the
treatment programs of its diversified population.
Diversification may be done either:
a. By building special institution for different classes of prisoners which is more
desirable since it provides proper segregation of groups and more effective
execution of the treatment program, or;
b. Providing separate facilities within a single institution itself, that is, big institution
may be broken into smaller units.

Factors Considered in Diversification

a. Age
b. SEX/Gender
c. Medical or Mental Conditions
d. DEGREE OF CUSTODY – the most common used factor in diversification
ADMISSION AND CONFINEMENT OF INMATES
Reception and Diagnostic Center (RDC) - This is a special unit of prison where new
prisoners undergo diagnostic examination, study and observation for determining the
program of treatment and training best suited to their needs and the institution to which
they should be transferred.
Quarantine Unit or Cell - Upon admission in the Reception and Diagnostic Center, an
inmate shall be placed in quarantine for at least five (5) days during which he shall be:
a. Given a physical examination to determine any physical illness or
handicap or mental ailment and to segregate those suspected of having
an infectious or contagious disease. If found sick, the inmate shall be
immediately confined in the prison hospital;
b. Oriented with prison rules; and
c. Interviewed by a counselor, social worker or other program staff officers.
The interview shall be conducted in private
Assignment of Inmates
After the quarantine period, the inmate shall remain in the Reception and
Diagnostic Center for a period not exceeding fifty-five (55) days where he shall undergo
psychiatric, psychological, sociological, vocational, educational and religious and other
examinations.
The results of said examinations shall be the basis for the inmate’s individualized
treatment program. Thereafter, he shall be assigned to a prison facility as may be
recommended by the Chief of the Reception and Diagnostic Center.
RDC’s STAFF
 Psychiatrists
 Psychologists
 Sociologists
 Educational Counselor
 Vocational Counselor
 Chaplain
 Medical Officer

Admission Procedures in Prison

a. receiving;
b. Checking commitment papers;
c. Establishing identity of the prisoner;
d. Searching the prisoner;
e. Assignment to quarters

ADMISSION OF INMATES
An inmate shall be admitted in the Reception and Diagnostic Center of a prison
upon presentation of the following documents:
a. Mittimus/Commitment Order of the court;
b. Information and Court Decision in the case;
c. Certification of detention, if any; and
 d. Certification that the case of the inmate is not on appeal.

Note: A female inmate shall be received only at the CIW.

Form of Mittimus/Commitment Order
The mittimus/commitment order shall be under the signature of the judge and
shall bear the seal of the court attested by the clerk of court thereof.
Admission Process
a. After registration, the inmate shall be photographed, front and side view,
fingerprinted and assigned a permanent prison number.
b. The male inmate shall then be given a regulation haircut and his
beard/mustache, if any, shall be shaven off.

The classification process

CLASSIFICATION BOARD
 Every prison shall have a Classification Board that shall classify inmates in
accordance with this Chapter. The Board shall be composed of the following:
 Chairman Superintendent
 Vice-chairman Chief, Reception and Diagnostic Center
 Members Medical Officer
Chief, Education Section
Chief, Agro-Industries Section
 Secretary Chief Overseer

Classification - The assigning or grouping of inmates according to their sentence,

gender, age, nationality, health, criminal records, dangerousness, etc.
FOUR SEPARATE BUT COORDINATED PROCEDURES OF CLASSIFICATION
1. DIAGNOSIS – the prisoners’ case history is taken and his personality studied.
Through examination and observations, the RDC’s staff determines the nature
 and extent of the person’s criminality and the extent to which he may be
rehabilitated.

2. TREATMENT PLANNING – this is the formulation of a tentative treatment

program best suited to the needs and interest of an individual prisoner, based on
the findings of the RDC’s staff.

3. EXECUTION OF TREATMENT PROGRAM - this is in the application of the

treatment program and policies by the classification committee.

4. RE-CLASSIFICATION – the treatment program is kept current with the inmates

changing needs and with new analysis, based on any information not available at
the time of the initial classification committee meeting of the inmate’s case, which
continues from the time of the first classification until the inmates is released.

Purposes of Classification

a. To separate prisoners whom by reason of their criminal record or bad

character are likely to exercise a bad influence on other prisoners.
b. To separate prisoners who by the gravity of their offenses have been
sentenced to longer period of imprisonment and therefore require
more secured prison facilities.
c. To divide the prisoners into classes in order to facilitate their rehabilitative
treatment.

The reception and diagnostic center is a prison facility within a correctional institution.
It receives all newly committed prisoners and it is the entry point of all incoming
prisoners who will be subjected to classification and distribution to the different
operating institutions.
Reception and Diagnostic Center Professional Staff

a. Psychiatrist - He analyses and makes a report on the prisoner’s personality

and emotional make up, he also identifies offenders who needs psychiatric
attention and treatment.
b. Psychologist - Psychology is concerned with measuring and evaluating an
individual’s intellectual capability and his or her ability to cope and adjust in
society. With the advent of the first classification program in New Jersey in
1918, the psychologist became a dominant force in the classification process
c. Sociologist - Sociologist have been latecomers into correctional treatment
programs. They are especially helpful in identifying and developing the roles
and structures of the prison subcultures and the administrative personnel.
d. Social Worker - Social work became particularly important in the spectrum of
corrections when it began to emphasize rehabilitation. The casework is
essential in the pre-sentence investigation phase, and many probation
officers and parole officers received their training in social work. on inside the
walls.
e. Educational Counselor - Conduct orientation classes in general education in
order to change the inmate’s attitudes towards education. He recommends
on the educational program of the prisoner.
f. Vocational Counselor - Tests the prisoner in order to determine his general
and special ability interests and skills. He recommends for the type of
vocational training of the prisoner.
g. Medical Officer - Conducts a complete physical examination on the inmates,
and correlates the prisoner’s previous health history with the present findings,
and recommends for the medical treatment of the prisoner.
h. Chaplain - Encourages the prisoner to participate in religious worship. He
ensures that the spiritual life of the inmates is exercised properly according to
one’s conscience.
i. Custodial Officer - The chief of the custodial force observes the prisoner’s
behavior and interaction to various situations and recommends on transfer
and type of custody of the inmate.
Philippine Prison System

Prison – an institution for the imprisonment of persons convicted by final judgment and
with a penalty of more than 3 years.
PRISON (Phil. Setting)- refers to a penal establishment under the control of the Bureau
of Corrections and shall include the New Bilibid Prison, the Correctional Institution for
Women, the Leyte Regional Prison and the Davao, San Ramon, Sablayan and Iwahig
Prison and Penal Farms.
COMPETENT AUTHORITY - shall refer to the Supreme Court, CA, RTC, MTC, MCTC,
Sandiganbayan, Military Courts, House of Representatives, Senate, Commission on
Elections, Bureau of Immigration and the Board of Pardons and Parole.
INMATE - refers to a national prisoner or one sentenced by a court to serve a maximum
imprisonment of more than (3) three years or to a fine of more than one thousand pesos
(P1,000.00);
DETAINEE - is a person who is confined in prison pending preliminary investigation,
trial or appeal; or upon legal process issued by competent authority.

DEATH CONVICT - refers to an inmate whose death penalty imposed by a Regional

Trial Court is affirmed by the Supreme Court en banc.
CARPETA - refers to the institutional record of an inmate which consists of his
mittimus/commitment order, the prosecutor’s information and the decision of the trial
court, including the appellate court, if any.
PRISON RECORD - refers to information concerning an inmate’s personal
circumstances, the offense he committed, the sentence imposed, the criminal case
numbers in the trial and appellate courts, the date he commenced service of his
sentence, the date he was received for confinement, the date of expiration of his
sentence, the number of previous convictions, if any, and his behavior or conduct while
in prison.
Bureau of Corrections - have the general supervision and control of national,
provincial prisons and all penal settlements and is charged with the safekeeping of all
prisoners confined therein.
Bilibid Prison - built on 1847. It became the central confinement for all Filipino
offenders by virtue of the Royal Decree of the Spanish Crown. (May Haligui Estate)
1936 - city of Manila exchange its Muntinlupa property composed of 552 hectares piece
of land with the Bureau of Prisons lot in Manila. N.B. Bilibid Prison is now being used
by the Manila City Government as Manila City Jail
E.O. 292 – otherwise known as Revised Administrative Code of 1987
 Sections 1705 – 1751, Revised Administrative Code of 1987, the Prison Law in
the Philippines. It was renamed the Bureau of Prisons to Bureau of Corrections
New Bilibid Prison – located in Muntinlupa City.
2 Satellites:
1 Camp Bukang Liwayway (Minimum Security Camp) – house minimum custody
prisoners who work in various projects of the institution.

2 Camp Sampaguita (Medium Security Camp) – house medium security prisoners

where RDC is located
Different Penal Colonies in the Philippines:
1. San Ramon Prison and Penal Farm -founded by Captain Ramon Blanco of the
Spanish Royal Army. It was established for the confinement of Filipino Political
offenders. (Located in Zamboanga del Sur). It Has an area of 1,246 hectares.
Established on August 21, 1869. This penal farm is designed to promote agro-
industrial activities, and its principal products are corn, rice, copra, coffee and
livestock.
2. Iwahig Penal Colony and Farm – founded by Governor Forbes who led the first
contingent of prisoners. It was used originally for the confinement of incorrigibles
and intractable prisoners. In 1905, it was reconverted for the confinement of well
behave and tractable prisoners. (Reorganization Act 1407). It has a land total
area of 36,000 hectares. Established on Nov. 16, 1904.

Four sub-colonies of the Iwahig penal Colony and Farm:

a. Inagawan Sub-colony
b. Montible Sub-colony
c. Santa lucia Sub-colony
d. Central Sub-colony
 3. Davao Penal Colony and farm (January 21, 1932) - founded by Gen. Paulino
Santos. Created by virtue of act 3732 and Proclamation 414 series of 1931.
Mostly devoted to abaca and banana plantation. In 1942, it was used as a
concentration camp for American Prisoners of War. The main source of
income of the Bureau of Corrections. It consist of 18,000 hectares

4. Sablayan Penal Colony and Farm - founded on Sept. 27, 1954 by virtue of
Proclamation Number 72 dated September 27, 1954. It consists of 16,000
hectares in Sablayan, Occidental, Mindoro.

5. Ilo-ilo Penal Colony and Farm (Ilo-ilo province).

6. Leyte regional Prison (Abuyog, Leyte) - established on January 16, 1973 during
the martial law with the aim of regionalizing prisons in the country.

7. Correctional Institution for Women (CIW)- found in Mandaluyong City. It was

established in 1931 by virtue of Act 3579 passed on November 27, 1929. It
Consists of 18 hectares.

8. Fort Santiago in Manila - The oldest prison in the Philippines.

Note: Only the New Bilibid Prison and CIW confine death convicts. All the prison and
penal farms have minimum, medium and maximum security facilities.

Who is a Prisoner?

A prisoner is an offender who is convicted by final judgment by a court or is a person

who is committed by the court or competent authority to be confined in a jail or prison.

A prisoner is a person committed to jail or prison by a competent authority for any of the
following reasons:
 1. To serve a sentence after conviction
2. Trial
3. Investigation

A detainee on the other hand is a person accused before a court or competent authority
who is temporarily confined in a jail or prison while undergoing or awaiting investigation,
trial or final judgment.

Classification of Prisoners

1. Sentenced prisoners – those who are convicted by final judgment and under the
jurisdiction of a penal institution.
2. Detention Prisoners – those who were detained for the violation of law and have
not yet convicted.
3. Those who are on safekeeping

Classification of sentenced prisoners

1 Insular/national prisoners – sentenced to more than 3 years or a fine of

more than 1,000or both.
2 City prisoners – sentenced to less than 3 years or a fine of less than 1,000
or both.
3 Provincial prisoners – 6 months and 1 day to 3 years or a fine not
more than 1,000 or both.
4 Municipal prisoners – not more than 6 months

Classification of Prisoners as to Security Risks

An inmate shall be assigned to any of the following security groups:

 1. Maximum Security – This shall include highly dangerous or high security risk
as determined by the classification board who require a high degree of control
and supervision.

Who are Maximum Security Prisoners

a. Those sentenced to death

b. Those whose minimum sentence is 20 years imprisonment
c. Remand inmates or detainees whose sentence is 20 years and above and those
whose sentence is under review by the SC
d. Those with pending cases
e. Recidivists, habitual delinquents and escapees
f. Those confined at the RDC
g. Those under disciplinary punishment or safekeeping
h. Those who are criminally insane or with sever personality disorders or emotional
disorders

2. Medium Security

This shall include those who cannot be trusted in less secured areas and
those whose conduct or behavior require minimum supervision.

Who are Medium Security Prisoners?

a. Those whose minimum sentence is less than 20 years imprisonment

b. Remand inmates or detainees whose sentences are below 20 years
c. Those who are 18 years of age and below, regardless of the case and sentence
d. Those who have 2 or more records of escapes. They are classified as medium
security if they have served 8 years since they were recommitted. Those with
one record of escape must serve 5 years.
 e. First offenders sentenced to life imprisonment. They can be classified as medium
security if they have served 5 years in a maximum security prison or less, upon
the recommendation of the superintendent.

3. Minimum Security- this shall include those who can be reasonably trusted to
serve their sentences under less restricted conditions.

Who are Minimum Security Prisoners?

1 Those with severe physical handicap as certified by the chief medical officer of
the prison
2 Those who are 65 years of age and above, without pending case and whose
convictions are not on appeal
3 Those who have serve ½ of their minimum sentence or 1/3 of their maximum
sentence, excluding GCTA
4 Those who have 6 months more to serve before the expiration of their maximum
sentence.

Color of Uniforms of Inmates as to Security Classification

1 Maximum Security – tangerine/orange
2 Medium Security – blue
3 Minimum Security – brown
4 Detainee - gray

Diversification
Diversification is an administrative device of correctional institutions, of providing
varied and flexible types of physical plants for the more effective control of the treatment
programs of its diversified population
Classification of inmates as to entitlement to privileges

Inmates shall be classified as follows to determine their entitlement to prison

privileges:
 a. Detainee;
b. Third Class inmate - one who has either been previously committed for
three (3) or more times as a sentenced inmate, except those imprisoned
for non-payment of a fine and those who had been reduced from
a higher class;
c. Second Class inmate - a newly arrived inmate; an inmate demoted from
first class; or one promoted from the third class;
d. First Class inmate - one whose known character and credit for work while
in detention earned assignment to this class upon commencement of
sentence; or one who has been promoted from the second class;
e. Colonist - the Director may, upon the recommendation of the Classification
Board, classify an inmate who has the following qualifications as a
colonist:

 Be at least a first class inmate and has served one (1) year
immediately preceding the completion of the period specified in
the following qualifications;
 Has served imprisonment with good conduct for a period equivalent to
one fifth (1/5) of the maximum term of his prison sentence, or seven
(7) years in the case of a life sentence.

PUNISHMENT IMPOSED IN DISCIPLINARY CASES

1. Solitary confinement – applicable in extreme case specially when there is danger
that the prisoner may hurt himself or others.
2. Locking in his cell with loss of yard privileges
3. Loss of privileges such as visiting, correspondence and other privileges
4. Transfer to another institution
5. Assignment to a disciplinary squad for manual labor
6. Counsel and reprimand – imposed in trivial cases
7. Loss of Good Conduct Time Allowance

Ground for Increasing Penalty

 1. 1/5 of the remaining sentence of the prisoner shall be added to his
sentence if he fails to surrender himself to the authority when he escape
from prison under circumstances enumerated in Art. 158 of the RPC.
Provided, however, that the added sentence should not exceed 6 months.

Jails
Jails are institution for the confinement of persons who are awaiting final disposition of
their criminal cases and also for the service of those convicted and punished with
shorter sentences, usually up to three years
Categories of Inmates Confined in Jails
a. Those awaiting/undergoing investigation
b. Those who are awaiting/undergoing trial
c. Those who are awaiting final judgment
d. Those who are serving short sentences up to three years
Types of Jail
1. Lock-up jail – is a security facility for the temporary detention of person held for
investigation or awaiting preliminary hearing.
2. Ordinary jail – houses both offenders awaiting court action and those serving
short sentences usually up to 3 years.
3. Workhouse jail farm or camp – houses minimum custody offenders serving short
sentences with constructive work programs.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

It was created pursuant to Sec. 60, R.A. 6975. Headed by a Chief with the rank
of Director to be assisted by the Assistant Chief of the Jail Bureau. It has the mission to
direct, supervise and control the administration and operation of all district, city and
municipal jails to effect a better system of jail management nationwide.
The jail Bureau shall direct, supervise and control the administration and operation of all
district, city and municipal jails to effect a better system of jail management nationwide.

The broad objectives of the Bureau are the following:

a. To improve the living conditions of offender in accordance with the
accepted standards set by the United Nations.
 b. To enhance rehabilitation and reformation of offenders in preparation for
eventual reintegration into the mainstream of society upon their release.
c. To professionalize the jail services.

Coverage of Supervision by the Jail Bureau

1. City jails
2. Municipal jails
3. District jails

Qualifications of jail Officers assigned in Key positions in the Bureau

A. Chief, BJMP
 Shall have the rank of director in the jail bureau;
 He must be a member of the Philippine Bar; or a holder of Master’s Degree in
national Security Administration or any relevant Master’s Degree;
 He must have an adequate experience in positions of responsibility and
leadership of at least one year in each of the following fields:
a. operations
b. administration
B. Deputy Chief
 Shall have the rank of Chief Superintendent in the jail bureau;
 A member of the Philippine bar; or
 A holder of relevant Master’s Degree; or
 A Baccalaureate Degree with at least 9 years experience in jail or police work;
 He must have an adequate experience in positions of responsibility and
leadership of at least one year for each field in the following:
 -operations
 -Administration
 -ARD/Chief of Staff/Chief of Division, Central office
a. Assistant Regional Director
  Have the rank of Senior Superintendent;
 Must have undergone the Officer’s Executive career Course or its
equivalent;
 Must at least be a Bachelor’s Degree holder in law, criminology,
psychology, psychiatry, social work or sociology;
 Must have previously assigned in supervisory position in jail bureau.

b. Provincial Jail Administrator

 Have the rank of superintendent

 Must have undergone the Officer’s Executive Career Course or its equivalent;
must be a bachelor’s degree holder, preferably in law, criminology, psychology,
psychiatry, social work or sociology;
 Have been previously assigned in supervisory position in the jail bureau.

c. District Jail Warden

 Have the rank of Chief Inspector;

 A bachelor’s degree holder, preferably in law, criminology, psychology,
psychiatry, nursing, social work or sociology;
 Must have undergone the Officer’s Advance Course or its equivalent;
 Has been assigned in supervisory position in police or jail service.

d. City and Municipal Jail Warden

 Shall have the rank of Chief Inspector

 Must be a bachelor’s degree holder, preferably in law, criminology, psychology,
nursing, social work or sociology
 Has been assigned in supervisory position in the police or jail service.
 e. Composition of Classification Board/Disciplinary Board in Jail:
 Chairman -Assistant Warden
 Members -Chief, security Officer
 -Medical Officer/Public Health Officer
 -Jail Chaplain
 -Social Worker/Rehabilitation Officer

PROVISION TO BE FOLLOWED IN ACCORDANCE WITH THE REVISED PENAL

CODE IN RELEASING PRISONER
1. No prisoner shall be made to serve more than three times of the most severe
penalty or sentence that is imposed upon him, but in no case shall he be
made to serve more that forty (40) years ( ART 70, RPC).
2. If the computed sentence of a prisoner based on the above is forty years, he
shall serve the sentence excluding good conduct time allowance credits that
he may have earn. If given full good conduct time allowance credits during
his service of sentence because of good behavior, the prisoner , with
computed forty (40) years of service of sentence shall actually serve more or
less 28 years.9
3. A prisoner sentenced to life imprisonment shall serve a sentence equivalent
to thirty years excluding good conduct time allowance that he may earn for
good behavior.
4. No prisoner upon expiration of his prison sentence shall be released by the
superintendent or head of a prison without the approval of the Director.
5. All prisoners convicted by the courts to serve sentences in national prisons
shall be granted good conduct time allowance for good behaviors including
those cases are on appeal.

C. GOOD CONDUCT TIME ALLOWANCE

Good conduct time allowance is a program that allows for the reduction of the
offender sentence that is based on good behavior while inside the correctional
institution. The good conduct or behavior of any prisoner shall entitle him to the
following deductions from the period of his sentence:
 1. During the first two years of his imprisonment, he shall be allowed a
deduction of five (5) days for each month of good behavior.

1. During the third to the fifth year, inclusive of his imprisonment, he shall be
allowed a deduction of eight (8) days for each month of good behavior.

2. During the following years until the tenth year, inclusive, of his imprisonment,
he shall be allowed a deduction of ten (10) days for each month of good
behavior.

3. During the eleventh and successive years of his imprisonment, he shall be

allowed a deduction of fifteen (15) days for each month of good behavior.
D. GRANT OF GOOD CONDUCT TIME ALLOWANCE11
1. The Director of Correction shall grant allowances for good conduct and such
grant once given cannot be revoked.
1. The allowance for good conduct shall be granted equally and uniformity to
prisoners with good behavior and without adverse records of breaches of
discipline.

E. GRANT OF SPECIAL TIME ALLOWANCE

A deduction of one fifth of the period of his sentence shall be granted to a prisoner who
having evaded the service of his sentence gives himself up to the authorities within 48
hours following the issuance of a proclamation announcing the passing away of a
calamity of catastrophe (Art. 98, RPC).

NOTES:
1. RA 7659 – reimposition of death penalty on heinous crimes
2. RA 8177 – designating death by lethal injection as the method of carrying out
death penalty
Reviewer in Institutional Correction
JINGKIE C. DEOCAREZA
Instructor in Bicol College
College of Criminal Justice Education