Definition of Terms:

Abreaction – intense emotional feelings.

Accessory Penalties – those that are deemed included in the imposition of the principal penalties.
Admission Summary – it is a written compilation made by the staff regarding their findings on the
prisoner.
Adversarial Process – a system of determining guilt in which the state must prove its case against a
defendant
who is defended by an advocate.
Affliction – distress of mind or body; that which causes continuing anguish or suffering.
Anal Stage – sensual gratification shifts to the excretory function and the control of the sphincter
muscles. According to Freud the sexual gratification, is focused on the elimination of body wastes it
occurs on the second and third year of life of an individual.
Asocial Aggressive – this is the commanding individual who responds with open hostility or physical
or verbal aggression when frustrated.
Asocial Passive – this individual pouts and sulks and reacts with passivity complaining or
withdrawing when
frustrated.
Atavism – it is the reversion of man to his ape like ancestors and states that an individual could be
born with criminal predispositions.
Aversive Therapy – the coupling of a previously desirable stimulus with an extremely painful or
undesirable
conditioned response, as coupling alcohol with chemically induced vomiting.
Bail – monetary amount for or condition of pre-trial release from custody of law. Or a money
payment in return for
which a defendant is given freedom pending trial or appeal.
Bail Bond – it is a multi party contract involving the state, the accused will appear in subsequent
proceedings.
Baroning – a process by which a prison inmate obtains wealth, influence and power by means of
selling tobacco.
Benefit of Clergy – from the 13th to 19th centuries, clemency shown to clergy guilty of crimes and
extended eventually to any offender who could read.
Bifurcated Process – the separation of the guilt determination process from the sentence-
determination process in
the criminal court system.
Big School – slang for penitentiary.
Black Maria – a van used to transport prisoners, Paddly-wagon.
Casework – in correctional work includes the professional services rendered by professionally
trained personnel in
the description and social treatment of offenders.
Change Agent – a person or group responsible for helping a client to undertake planned changes in
behavior
situation. Often a professional, outside consultants.
Close Confinement – for those incorrigible prisoners when lighter punishment has been proven to be
ineffectual the use of bartolina or solitary confinement is justified when foreseen danger to the
convict or others apparent.
Compurgation – an early practice whereby the accused swears an oath of innocence backed-up by a
group of
oath helpers who would attest to his character and claim of innocence.
Contagion – a condition in which prison inmates kept together without any attempt to divide them
the involvement
with crime, would transmit to each other means and techniques to commit further crimes once
outside of prison.
Courtesy Investigation – investigation conducted by another probation officer in behalf of the
probation officer on
case of the petitioner.
Cultural Conformist – this is juvenile who identifies strongly with his delinquent peers and who
considers himself
tough.
Cultural Identifier – responds to identification with a deviant value system by living out his
delinquent beliefs.
Cultural Shock – a psychological and social disruption experienced by a person suddenly placed in
an unfamiliar
culture.
Cummulative Case Summary – starts from the admission report of individual inmates to his behavior
and response to treatment programs and serves as the basis in granting parole.
Curfew – imposition on people the obligation to remove themselves from the streets on or before a
certain time of night.
Dark Figure – the number of crimes committed that are unreported to police.
Definite Sentence – a sentence to prison for which the date of release is known on the day that the
sentence is rendered
Desensitization – the process of removing the anxiety inducing qualities of a feared object or
situation.
Diversification – penal system’s implementation of segregation.
Domain Conflict – conflicts over resources, mission, responsibilities, or markets among several
organizations.
Ex Gratia – state is acting and out of its benevolence.
Existentialism – is a philosophy that emphasizes that importance of mans existence and self-
determinative faculty
and the meaning that life has for him.
Flat Term – prison term which there is no discretionary release date. Similar to definite sentence.
Furlough – temporary release from jail or prison. Typically for a day, weekend, or holiday or for
special visits such as a job test or interview or family crises, often part of a prerelease program.
Gate Fever – the feeling of an immediate release from the penitentiary and the feeling of uncertainty
in the part of
the suppose parolee at the ebb of his release to the community.
Gemeinschaft Pattern – is characterized by persons of homogeneous attributes similar to those
providing for
mechanical solidarity.
Gesellshaft Configuration – is characterized by persons having heterogeneous attributes, interact with
each othe in an impersonal manner and do not associate the welfare of the group with their own.
Golden Age of Penology – the period covering 1870 to 1880 was regarded as Golden Age of
Penology.
The highlights of the said period were as follows:
- the organization of the National Prison Association last 1870, now
referred to as American Correctional Association; the International Prison Congress was held in
1872.
- It serves as a forum attended by representatives from different countries wherein improvement to
prison systems were tackled in the assemble every 5 years; In 1876 the Elmira Reformatory was
established which was considered the forerunner in modern penology; and in Indiana, Massachusetts
USA the first separate was established.
Greyhound Operations – a method in searching the prisoner for possession of contrabands inside the
prisoner
cells and compound.
Idleness – the most persistent problem in almost all prison facilities which contribute to failure of the
reformation
programs.
I- Level Theory – hypothesis which associates types of deviance and types of control with stages in
the life cycle.
Indefinite Sentence – is a sentence to prison in which release date is under the discretionary control
of a release
board.
Indeterminate Sentence – a sentence of imprisonment for the maximum period define by law subject
to the termination by the parole board at anytime after service of the minimum period. It is one with
minimum and
maximum periods of imprisonment.
Indictment – formal charging of a defendant by a grand jury.
Judean Christian Theory – emphasized that punishment has a redemptive purpose.
Kangaroo Courts – existence of other discredited methods of discipline.
Labeling Theory – a theory originating with Howard Becker that emphasized the self-fulfilling
prophecy in deviance
processing that deviants behave in accordance with the labels they are given in the judgmental
process.
M’naghten Case – basis for exempting law violators from their criminal liability by reason of
insanity.
Mandatory Release – a release from prison required by statute where an inmate has been confined for
a time
period equal to his or her full sentence.
Manipulative Technique – are ways of helping the parolee by altering his environmental conditions
go as to being out satisfactory social adjustment in the individual.
Medium Supervision – given to probationer’s needing moderate attention and requiring twice a
month office
reporting. Use yellow plan card tab.
Minimum Supervision – probationer’s needing minimal attention and requiring not more than once a
month office
reporting. Use green plan card.
Negative Reinforcement – the employment of a negative stimulus (such as punishment or removal of
reward) for undesirable behavior rather than rewarding desired behavior.
Ordeal – bases on the principle of divine intervention it is a method of determining guilt with the
belief that innocent
persons would be protected from harm.
Pacta Sunt Servanda – a pact must be observed a treaty must be honored.
Parum Est Coerce Improbos Poena Nici
Probos Efficias Discipline – it is insufficient to restrain the wicked by
punishing unless you render them virtuous by corrective discipline.
Passive Agent – a term used by Glaser to represent parole officers who have a low emphasis on both
assistance
and control of parolees.
Pecuniary Liabilities – it consists of the reparation of the damage caused, indemnification of the
consequential
damages, fine and cost of proceedings; imposed upon persons who are criminally liable.�
Penal Management - Refers to the manner or practice of managing or controlling places of
confinement as in jails
or prisons.
PENOLOGY - 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.
 The term is derived from the Latin word “POENA” which means pain or suffering.
 Penology is otherwise known as Penal Science. It is actually a division of criminology that deals
with prison management and the treatment of offenders, and concerned itself with the philosophy and
practice of society in its effort to repress criminal activities.
 Penology has stood in the past and, for the most part, still stands for the policy of inflicting
punishment on the offender as a consequence of his wrongdoing.
Positive Discipline – includes the work “discipline” in you, it is not basically punitive.
Proselytizing – to convert or induce another to change his religious belief, sect or the like to another.
RA 10575 – the New BUCOR Act of 2013
RA 6981 – Witness Protection Program Act
RA 7438 – Defines the rights of the accused under custodial investigation.
RA 7659 – Act re-imposing the death penalty.
Recognizance – is a legal device deeply embedded in English Law originated as measures of
preventive justice and as such it consist obliging persons. It is a mechanism whereby a person
accused of crime may be released on his own strength pending trial of his case or on the assurance of
a reputable person in the community that he
will appear if called during the trial to testify.
Regression – refers to the process that entails a simplification of behavior which may contribute harm
inflicted upon oneself or render one vulnerable to others.
Restorative Justice – refers to humanistic and non-punitive means to restore social harmony and
correct wrongful
acts.
Retaliatory Retribution – refers to the intentional infliction of an appropriate amount of suffering on a
competent
individual who has breached some code.
Retreatism – describes many violent crimes in which offenders have replaced normal ideas of
success with
demonstration of individual toughness or powers.
Se Defendendo – established the legal status of the crime with which the offender will be charged
although there is
no explicit reference to the individual.
Split Sentence Law – mandated that offenders as punishment would have serve a portion of their
sentence in
institutions and thereby released to undergo probation.
Status Passage – transition from one social status to another, as from defendant to convict or inmate
to parolee.
Stigma – refers to labeling, mark or brand.
Sublime – to make the punishment fit the crime.
DECISION – is the judgment rendered by a court of justice or competent tribunal after presentation
of the respective positions of the parties in an ordinary or criminal case or upon which the disposition
of the case is
based.
CONVICTION – is the judgment of a court based on the verdict of a judicial officer or judge, that
the accused is
guilty of the offense in which he/she was charge.
SENTENCE – is the penalty imposed by the court upon a person convicted of a crime.
ACQUITTAL – is a judgment of the court based on the verdict or decision of the judge, that the
defendant is not
guilty of the charge against him.
PUNISHMENT – it is the redress that the state takes against an offender where it signifies pain
suffering, or
curtailment of its freedom.
PENALTY – is the suffering that is inflicted by the state for the transgression of law
CORRECTION defined:
 A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation
of criminal
offenders.
 It 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 offenses for purposes of crime prevention and control.
 It is the study of jail/prison management and administration as well as the rehabilitation and
reformation .
 GAOLS - (Jails) – pretrial detention facilities operated by English Sheriff.
 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 – decrepit transport, former warships used to house prisoners in the 18th and 19th century.
These were
abandoned warships converted into prisons as means of relieving congestion of prisoners. They were
also called “floating hells�
The Primary Schools of Penology
1. The Classical School – it maintains the “doctrine of psychological hedonism” or “free will”. That
the individual
calculates pleasures and pains in advance of action and regulates his conduct by the result of his
calculations.
2. The Neo-classical School – it maintained that while the classical doctrine is correct in general, it
should be modified in certain details. Since children and lunatics cannot calculate the differences of
pleasures from pain, they should not be regarded as criminals, hence they should be free from
punishment.
3. The Positivist/Italian School – the school that denied individual responsibility and reflected non-
punitive reactions to crime and criminality. It adheres that crimes, as any other act, is a natural
phenomenon. Criminals
are considered as sick individuals who need to be treated by treatment programs rather than punitive
actions against them.
 Mittimus – is a warrant issued by a court directing the jail or prison authorities to receive the
convicted offender
for the service of sentence imposed therein or for detention
 Security – It involves safety measures to maintain the orderliness and discipline with in the jail or
prison.
 Prison Discipline – is the state of good order and behavior. It includes maintenance of good
standards of
works, sanitation, safety, education, health and recreation. It aims at self-reliance, self control, self
respect and
self discipline.
 Preventive Discipline – is the prompt correction of minor deviations committed by prisoners
before they become serious violations�.
 Control – It involves supervision of prisoners to ensure punctual and orderly movement from one
place work program or assignment to another.
 Custody – is the guarding or penal safekeeping, it involves security measures to insure security and
control with in the prison. The Prison Custodial Division carries it out�.
PROBATION – It is a disposition whereby a defendant, after conviction of an offense, the
penalty of which does not exceed 6 years of imprisonment, is released subject to the conditions
imposed by the releasing court and under the supervision of a probation officer.
Probation is a substitute for imprisonment, the probationer is compared to an out-patient, a sick
person who does not need to be hospitalized because his illness is considered less serious.
PAROLE – Parole is the process of suspending the sentence of a convict after having served the
minimum of his sentence without granting him pardon, and prescribing the terms upon which the
sentence shall be suspended.
Pardon – an act of grace extended to prisoners as a matter of right, vested to the Chief Executive
(The President) as a matter of power.
Two Kinds of Pardon
a. Conditional Pardon – a pardon given with requirements attached.
b. Absolute Pardon – a pardon given without any condition attached.
CONDITIONAL PARDON - Conditional pardon serves the purpose of releasing, through executive
clemency, a prisoner who is already reformed or rehabilitated but who can not be paroled because the
parole law does not
apply to him.Can the Offended Party grant Pardon?
- Yes, the offended party can grants pardon.
Commutation – an act of the president changing/ reducing a heavier sentence to a lighter one or a
longer term into a shorter term. It may alter death sentence to life sentence or life sentence to a term
of years. It does not forgive the offender but merely to reduce the penalty pronounced by the court.
 Reprieve – a temporary stay of the execution of sentence especially the execution of the Death
Sentence. Generally, reprieve is extended to prisoners sentenced to death. The date of execution of
sentenced is set back several days to enable the Chief to study the petition of the condemned man for
commutation of sentenced or
pardon.
Amnesty – a general pardon extended to a class of persons or community who may be guilty of
political offenses. It may be exercised even before trial or investigation. It looks backward and puts
into oblivion the
crime that has been committed. It is proclamated by the President with the concurrence of congress.
Good Conduct Time Allowance (GCTA)
Good conduct time allowance is a privilege granted to a prisoner that shall entitle him to a deduction
of his term of imprisonment.
NON-INSTITUTIONAL CORRECTION
THE EXECUTIVE CLEMENCIES
Pardon
An act of executive clemency by a head of state for the purpose of exempting an individual from the
punishment imposes upon him by a court of law.
*It is an act of grace and the recipient is not entitled to it as a matterof right.
Kinds of Pardon
1. Absolute Pardon
It is an absolute pardon when it is granted by the Chief Executive without any conditions attached.
*Absolute pardon serves to wipe away the guilt of a pardonee and
makes him innocent as if he has not committed any crime.
2.Conditional Pardon
It is conditional when it is granted by the Chief Executive subject to the conditions imposed on the
recipient and accepted by him. Usually, the person granted with conditional pardon has served a
portion (at least ½ of the minimum of his indeterminate sentence) of his sentence in prison.
Limitations of the Pardoning Power of the President
It may not be exercised for offenses in:
impeachment cases;
It may be exercised only after conviction by
final judgment;
It may not be exercised over civil contempt (as for refusing to answer a proper question as a
witness in a case);
In case of violation of election law or rules and regulations,no pardon, parole, or suspension of
sentence maybe granted;It cannot be
exercised to violation of tax laws.
OTHER FORMS OF EXECUTIVE CLEMENCY
Amnesty
-Is a general pardon extended to a group of persons generally exercised by the Chief Executive with
the concurrence of congress.
-It is an act of sovereign power granting oblivion or general pardon for past offense and rarely, if
ever, exercised in favor of single individual is usually exerted in behalf of certain classes of person
who are subjected to trial but not have been convicted.
*Note: Amnesty can be availed of before, during and after the trial of the case, even after
conviction.
Differences between Amnesty and Pardon
As to the number of those who can avail Pardon includes any crime and is exercised individually by
the Chief Executive, while amnesty is a blanket pardon granted to a group of prisoners, generally
political prisoners.
*As to the Time to Avail
Pardon is exercised when the person is
already convicted,while amnesty maybe given before trial or investigation is done.
*As to the Consent of Congress
Pardon is granted by the Chief Executive and such is private act, which must plead and proved by the
person pardoned because the court takes no choice thereof. While amnesty is by proclamation with
concurrence of congress, and it is a public act, which the court should take judicial notice.
*As to the Effect
Pardon is an act of forgiveness, i.e. it relieves the offender from the consequences of the offense,
while amnesty is an act of forgetfulness.
i.e. it puts into nothingness the offense of which one is charged so that the person as if he had never
committed the offense.
*As to the Crime committed
Pardon is granted for infractions of the peace of the State while amnesty, for crimes against
sovereignty of the state (ex. political offense)
WHAT IS COMMUNTATION OF SENTENCE?
It is a change of the decision of the court made by the Chief Executive by reducing the degree of the
penalty inflicted upon the convict, or by decreasing the length of the imprisonment of the original
sentence.
What specific cases commutation
maybe granted?
1. When the convict sentenced to death is over 70 years of age;
2. When justices of the Supreme Court failed to reach a decision for the affirmation of the death
penalty;
In other cases, the degree of the penalty is
reduced from Death to Reclusion Perpetua.
In Commutation of Sentence, consent of the
offender is not necessary. The public welfare,
not his consent, determines what shall be
done.
WHAT IS REPRIEVE?
REPRIEVE is the temporary stay of the execution of sentence (applicable only to death sentence).
WHAT IS GCTA?
It is a privilege granted to a prisoner that shall entitle him to a deduction of his term of imprisonment.
Under Art.97, RPC. Special Time Allowance for Loyalty
(Art. 158, RPC)
A deduction of 1/5 of the period of the sentence of any prisoner who evaded the service of sentence
on the occasion of disorders due to conflagrations, earthquakes, or other calamities shall be granted if
he returns to authorities within 48 hours after the president declared that the calamity is over.Once
granted shall not be revoked!!
*OTHER VIPs TO REMEMBER
P.D. 1257 – participation of the prosecutor in
the determination of the application for probation
P.D. 76 – the period of punishment which is
probationable is extended from 6 years and 1 day.
P.D. 1990 – the period of punishment which is
probationable is lowered again from 6 years and 1 day to 6 years or less
E.0.292 - renamed the Probation Administration into Parole & Probation Administration
Probationer – a person placed on probation
Absconding probationer – a person whose
probation was granted but failed to report for
supervision or fails to continue reporting for supervision or whose whereabouts are unknown for a
reasonable period of time.
 Probation officer – one who investigates for the court a referral for probation or one who
supervises a probationer or both.
Petitioner – an accused or defendant who files a formal petition for probation
Absconding petitioner – a convicted defendant whose application for probation has been given due
course by the court but fails to report to the probation office or cannot be located within a reasonable
period of time.
Parole – refer to the conditional release of an
offender from a penal institution after he has served the minimum period of his prison sentence.
Parolee - refer to a person who is released on parole
Pardonee – refer to a person who is released on conditional pardon
Client – refer to a pardonee/parolee who is place on supervision.
(c)-Criminilogy Review PH