Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 8

INSTITUTIONAL CORRECTIONS (CA 101)

Tomas Claudio Colleges  Legal definition: it is an institution for the


Criminology Department confinement of a person who is found guilty
in the commission of their offense and for
Compiled by: John Patrick B. De Jesus those waiting for trial.

Philippine Criminal Justice System in the Correction as a Process


Philippines  It is the orientation of the criminal offenders
The system has 5 distinct but coordinated to prevent them from repeating their
components; namely: delinquent action without the necessity of
 Law enforcement taking punitive action, but rather an
 Prosecution introduction of individual measures for
 Court reformation.
 Correction – (Weakest Pillar)
 Community CORRECTIONS: Its role, objective, or purpose
 Corrections occupy the fourth pillar of the
INSTITUTION – Is an established organization criminal justice system, which is mandated
to provide effective and humane treatment,
CORRECTION: reform, and rehabilitation programs by the
 The act of correcting something. rules set forth by the Constitution of UN
 the act or process of punishing and Rules and Standard for the Prevention of
changing the behavior of people who have Crime and Treatment and Rehabilitation of
committed crimes. Offenders in the Philippines.
 Legal Definition: Branch of administration  The Bureau of Correction (BUCOR) and the
of the criminal justice system charged with Bureau of Jail Management and Penology
the responsibility for the custody, (BJMP) under the auspices of the
supervision, and rehabilitation of convicted Department of Justice and Department of
offenders. Interior and Local Government, respectively,
are principally charged for the
Correctional Administration - The study and implementation of the correctional services
practice of a systematic management of jails or operating within the domain of the criminal
prisons or other institutions concerned with the administration.
custody, treatment, and rehabilitation of criminal
offenders The Early Code
Code of Hammurabi
Penology - a branch of criminology dealing with  Provides the first comprehensive view of the
prison management and the treatment of laws known for its harsh and cruel penalties
offenders characterized by the “law of Talion” (eye for
an eye, tooth for a tooth).
Penal Management - refers to the manner or  Hammurabi - King of Babylon the first
practice of managing or controlling places of recorded codifier of laws.
confinement as in jail or prisons while Deuteronomy
 The fifth of the Holy Bible contains the
Penal Administration is a program that prepare basis of the Jewish Laws these laws were
individuals to plan and manage institutional in the form of a covenant between God and
facilities and programs for housing and the people of Israel.
rehabilitating prisoner in the public or private  Mosaic law begins with Commandments
sector. but includes a significant number of
additional laws and rules set out in the first
INSTITUTIONAL CORRECTIONS five books of the Old Testament. In Jewish
 is an established organization punishing and law, these first five books (Genesis,
changing the behavior of people who have Exodus, Leviticus, Numbers, and
committed crimes.

1|Page
INSTITUTIONAL CORRECTIONS (CA 101)

Deuteronomy) are known as Torah,  They wear a grotesques mask and they
synonymous with “law” to Jewish people. dance around the person who commits a
crime and order to drive out the spirit in his
Code of Dracon body.
 Draco, an Athenian Lawgiver known for the
severity of his punishment, formulated the Banishment
code that is considered the ultimate in  When a person commits a crime, he will be
severity. rejected by the community for him to
influence others to commit crime, if he
Code of Solon refuses to depart in his community he will
 The appointed archon in Athens who be killed.
repealed all the laws of Draco except the
law on homicide. Stoning
 during his time, he was the one who first  A form of execution where the condemned
proposed that a lawgiver had to make laws person is pelted with the stone until his
that applied equally to all citizens and death.
 He also saw that the law of punishment
had to maintain proportionality to the crimes Burning at Stake
for which offenders were convicted.  A form of execution where the condemned
person is tied in a pole and then set on fire
Twelve Tables of Rome alive.
 It was written when Rome was in transition
from being a Kingdom to a Republic and Feeding on the Lion
the foundation of all laws in Rome.  A form of execution where the condemned
person is thrown in lion`s den and eaten
Code of Kalantiaw alive by lions.
 You shall not kill, neither shall you steal,
neither shall you do harm to the aged, lest Gallows/Hanging
you incur the danger of death. • Public hanging of condemned person
 All those who infringe this order shall be practiced in England.
condemned to death by being drowned in
the river, or boiling water. Garrote
 An iron collar attached upon a scaffold the
Early forms of Punishment condemned person is seated on an
 During the early development of improvised chair with both hands and feet
civilization, people believe that when a tied and the neck clamped by the iron collar
person commits a crime he is possessed the iron collar is slowly tightened until the
by demons. condemned person dies.
 The system is focused to cast out the
demon inside the person’s body. This was Guillotine
the very cause he committed a crime. The  A device used for beheading condemned
following methods were used: persons develop by Dr. Joseph Ignacio
Guillotin, a member of the French National
Pungent Poison Assembly.
 When an individual commits a crime, they
let the person drink a pungent poison to Musketry/Fire Squad
drive away the evil spirit inside his body  The condemned person is blindfolded with
which leads him in the commission of hands tied at the back and shot in public by
crime. a firing squad composed of several
shooters.
Grotesques Mask
Public humiliation

2|Page
INSTITUTIONAL CORRECTIONS (CA 101)

 It gives an opportunity of the numbers of and most of the prisoner during the time could
the community to take its vengeance. easily get diseases due to its condition.
Offenders are sent to the stocks or pillory Prisoners don’t have any bed they just lay down
found themselves captive and on public on the pavement.
display.
 They will be heckled and spit upon by Prison system in America
passer-by. Other citizen might gather to the Pennsylvania System
throw tomatoes and rotten eggs. • William Penn, the governor of the state of
Pennsylvania.
MODERN THEORIES OF PUNISHMENT • confinement of prisoner in single cell at day
and night or permitted inmates to work in
RETRIBUTION theories their cell even while working prisoners were
 Punishment as payment of misdeed. not allowed to communicate with one
 Contends that the offenders must be another.
punished for the crime he committed
because he deserves it. The Auburn System
 Adopt the silence labor of Pennsylvanian
DETERRENCE theories system
 It is commonly believed that punishment  Auburn introduced the congregate prison in
gives the offender a lesson: it shows others silent system.
what would happen if they violate the law.  Younger offenders were permitted to work
and eat in groups but they were not allowed
REHABILITATION theories to talk each other.
 Treatment by means of therapy, vocational
training, educational training and counselling MODERN PRISON SYSTEM
to help convicted offenders to change and Mark System or Progressive Humane System
adjust to society after service of sentence.  Introduce by Alexander Maconochie
Superintendent of Norfolk Island Penal
INCAPACITATION theories Colony in Australia system which punishment
 Controlling the behavior of an offender so of one’s crime committed was still maintained
that he or she is incapable of offending but, a process of reform were provided to the
again. offenders.
 Prisoners were encouraged for good behavior
REINTEGRATION theories for them to gain incentives that would lead to
• The process of preparing convicted their early release. This concept was called
offenders with their re-entry into the the “Mark System” which became the
community after service of sentence. forerunner of Good Conduct and Time
Allowance and Parole System and
Maconochie gained the title “Father of
HISTORY: DEVELOPMENT OF MODERN Parole”.
CORRECTIONAL SYSTEM
First Prison in Europe Irish system (Ticket of leave)
 In 1166 A.D. Assize of Clarendon (Constitution  In 1854, Sir Walter Crofton established the
of Clarendon) constructed the first facility Irish System concept of the ticket-of-leave
designed only for public imprisonment. This system. Where offenders could earn their
facility was known as Gaol (known as jail today). early release by stages:
The gaol was being managed by the Shire
Reeve.  First stage, Stage solitary confinement for
nine months for certain prisoners with
New Gate Gaol of London reduced diet
 The famous gaol in Europe was the New Gate
Gaol of London. The New Gate is dark and
gloomy in its cells poorly ventilate water supply

3|Page
INSTITUTIONAL CORRECTIONS (CA 101)

 Second stage, they were assigned to spike  Zebulon Brockway introduced enlightened
island where they work on public works approaches to the prisoners but still
projects. maintains a strong mind of the prisoners.

 Third stage, prisoners were assigned in These include:


field units in which they worked directly to  Classification of prisoners according to their
the community projects with unarmed behavior.
guards supervising them.  A regular exercise
 Fourth stage, prisoners worked in the  Vocational training
community without supervision, moving IMPORTANT Personality IN PENOLOGY
freely between prisons and the community.
John Howard
 Fifth stage, prisoners who were able to  Was one of the prisoners to advocate a
follow the stages successfully were change of punishment.
awarded the “ticket of leave”.  Howard who former prisoner and was
released through parole became the first
Sir Walter Crofton English prison reformer as he was then
 Irish system, penal method originated in the appointed sheriff of Bedford Shire a local
early 1850s by Sir Walter Crofton. Modeled gaol in England.
after Alexander Maconochie’s mark system,  Howard visited other prison in England and
it emphasized training and performance as America and after evaluating the conditions
the instruments of reform. of the prisoners, he came up with prison
 The Irish system consisted of three phases: concepts that:
a period of solitary confinement; a period of  prisoners must be segregated according
congregate work, in which the prisoner to sex age, and gravity of their offense;
advanced to higher levels by credits, or  the jailer or staff must be pain to prevent
“marks,” earned for industry and good extortion to prisoners;
behavior; and, finally, a period in  a chaplain and a medical officer must be
“intermediate prisons” with minimal employed to address the spiritual and
supervision, during which the prisoner medical needs of the prisoners;
demonstrated his dependability and  prisoners should be provided with
employability in the outside world. clothing and food;
 Release was conditional upon the  liquor should be prohibited in jail;
continued good conduct of the offender,  Howard then coined the word
who could be returned to prison if it seemed “Penitentiary” a concept that rejects hard
advisable. Prisoners deemed eligible for labor as a form of punishment.
release were issued “tickets of leave” and
put under the supervision of an inspector Early Forms of Punishment in Primitive Time
who verified employment status and  We cannot negate the truth that society is
conducted periodic visits to their new judged, by how it treats their prisoners and
places of residence. With its emphasis on that the methods employed in the past were
conditional release and its use of tickets of harsh in terms of treatment of its prisoners.
leave, the Irish system influenced the  The absence of prisons and jails or even
development of parole. courts and trials to hear the sides of the
offenders is difficult in order achieve fair
The Elmira Reformatory judgement.
 In 1876, the first reformatory institution was  The torture, floggings, and public
opened in Elmira, New York. The Elmira humiliations that characterized correction of
reformatory was under the direction of the past conflict with today’s concept of the
Zebulon Brockway. worth of life and human dignity.

The Medieval Punishment

4|Page
INSTITUTIONAL CORRECTIONS (CA 101)

 Blood Feuds – ancient culture develops  Banishment was considered an appropriate


the idea of justice based on vengeance, response to misbehavior even in modified
retribution and compensation. form, for small children.
 When a crime is committed, the victim is  E.g., cutting of all communication to his
expected to dole out justice with his own parents (fox, 1998).
hands.
 Punishment was carried out by the victim What is Correction?
personally, along with help provided by  A branch Criminal Justice System
one’s family. concerned with the custody, supervision,
 The offender will seek refuge to his family and rehabilitation of criminal offenders.
and friends; as a result of this system,  It is the field of criminal justice
blood feuds developed. administration, which utilizes the body of
 Lex Taliones – it is important to remember knowledge and practices of the government
that these formulations were codes, not and the society in general involving the
laws. processes of handling individuals who have
 Functionally, the system of social control been convicted of offenses for purposes of
was quite simple. On a practical basis, crime prevention and control (Tugbo,
personal retribution by the victim was still 1998).
the dominant methods of control.
 In fact, the Law of Retaliation (Lex 1870-1880 the Golden Age of Penology
Taliones) against the offender is reflected in
the code of Hammurabi. History of Correction
 like ancient forerunners medieval Origin of the Word Prison
Europeans were very brutal in the  The word prison has found its roots from
exercised of punishment such as: knives, the Greco Roman word “Presidio” from
Axes, Whip, Barnacles, Collars and Cuffs word Pre means before and Sidio means
were commonly used to inflict punishment inside.
along with confinement in cold, dark, damp,  The coined term “Presidio” is synonymous
vermin – infested dungeons. to a “fence, cave, and or dungeon.
 The word presidio started in the reign of
The three brutal and ruthless medieval forms King Hammurabi of Babylon in 1729 BC.
of punishment are:
1. Iron Maiden – is a box – like device with the Development of Prisons
front half hinged like a door so that a person  Early punishment in the form of execution
could be place inside; when the door was was barbaric.
shut, protruding spikes both back and front  This included offenders being thrown to
entered the body of the victim. prisons with wild animals, staked out in the
2. The rack – a kind of a device that drags apart with eyelids propped-open, stoned,
the joints in the feet and hands. disemboweled, dismembered, flogged, and
3. The tower of London – originally built as a even crucified.
fortress for defense of the city. This is a
famous symbol for such a cruel punishment. Walnut Street Jails
It was there that an even more torturous  Walnut Street Prison was a city jail and
contraption was developed. Where the rack penitentiary house in Philadelphia,
stretched its victims, this machine Pennsylvania from 1773 to 1838.
compressed the body of the victims; it is more  It is considered as the first penitentiary in
dreadful and more complex than the rack. the US.
The whole body is bent that some blood  They were sometimes allowed to read in
exudes from the tips of the hands and feet. their cells, but for the most part they sat in
4. Banishment and Exile – serious offenders solitude.
were transported to banishment or exile.  The Quakers saw this solitary confinement
not as a punishment but as a time for

5|Page
INSTITUTIONAL CORRECTIONS (CA 101)

reflection and remorse. That was the  Whippings and floggings were
reason the inmates were not put to work. commonplace punishments at Sing-Sing.
Labor, said penitentiary proponents, would Frequently used was the cat-o’-nine-tails, a
preoccupy the inmates and keep them from cruel whipping contraption whose lashes
reflecting on their crimes. were often tipped with metal or barbs; its
 The Walnut Street Prison became in part use was finally abolished by the New York
the model for what became known as the State legislature in 1848.
"Pennsylvania System" of prison design  In addition, while Lynds was warden,
and philosophy. inmates were expected to refrain from
making noise, which included talking. With
WALNUT STREET PRISON the advent of the electric chair in 1891,
 In 1821 a prison was opened in the small Sing Sing became notorious for
upstate New York town of Auburn.
 That prison, which relied on individual The School of Penology
cellblock architecture, required inmates to  Classical School (Free-will) - Advocated by
work 10 hours per day, six days per week. Cesare Beccaria & Jeremy Bentham
 A number of prison reformers believed that (Doctrine of psychological hedonism)
by making the inmates work in an  Individual calculates pleasure and pain in
atmosphere free of corruption or criminal concordance to his actions and regulations.
behavior, they would build new sets of
values.  Neo-classical School (Child and Insane
 The work would rehabilitate them because should be exempted from punishment)
it would give them a sense of purpose,
discipline, and order. This system became  Positivist or Italian School (Determinism)
known as the "Auburn System," Advocated by Cesare Lombroso “Father of
Modern Criminology”
Two Rival Prison Systems in the US  It opposed the “doctrine of free will”.
 Auburn system (also known as the New  Person who committed a crime should not
York system and Congregate system) is a be punished instead they must be treated
penal method of the 19th century in which as a sick person.
persons worked during the day in groups
and were kept in solitary confinement at Modern concept of penology
night, with enforced silence at all times.  To change the attitude of the offenders, their
way of life so that when they return to the
 Pennsylvania system, (Solitary System) mainstream in community, they will now
a penal method based on the principle that become a useful members of the society.
solitary confinement fosters penitence and
encourages reformation. Prisoners were Purpose of confinement.
kept in solitary confinement day and night  A person is committed to prison
where they lived, slept, received religious a. to segregate him from society; and
instructions and read the bible. b. to rehabilitate him so that upon his
 Silence also strictly observed. return to society he shall be a
responsible and law-abiding citizen.
SING SING PRISON
 In full Sing-Sing Correctional Facility, Basic Principles of correction
maximum-security prison located in The rules on the admission, custody and
Ossining, New York. In use since 1826, it is treatment of inmates
one of the oldest penal institutions in the a. seek to promote discipline and to secure
United States. the reformation and safe custody of
 It is also among the most well-known in the inmates.
country, especially notable for its harsh b. shall be applied impartially, without
conditions in the 19th and 20th centuries. discrimination on grounds of race, color,

6|Page
INSTITUTIONAL CORRECTIONS (CA 101)

sex, language, religion or other opinion, the French word of jail referred to as “Gaol”
national or social origin, property, birth or pronounced G’eole.
other status.  It is a place for the arrested for debt or crime
c. shall be enforced with firmness but who were held in custody. In the 14th
tempered with understanding. century, the arrestees were even entrusted
to the knights of the Shire.
Definition of Terms
 Prison - an institution for the confinement of WHAT IS JAIL? (Legal definition)
persons who have been remanded (held) in  Is the building or place for the confinement
custody by a judicial authority or who have of arrested sentenced persons.
been deprived of their liberty following  It is usually made up of cells, which are
conviction for a crime. small rooms or enclosures where prisoners
 Inmate – refers to a national prisoner or one are kept or confined (Macasiano, 1999).
sentenced by a court to serve a maximum Jail vs Prison
term of imprisonment of more than three  Jail houses cater offenders faced with a
years or to a fine more than one thousand penalty of not more than 3 years (under
pesos. DILG)
 Person Deprived of Liberty (PDL)/  It is classified as Provincial jail, municipal
Detainee – a person who is confined in jail, and city jail.
prison pending preliminary investigation, trial
or appeal; or upon legal process issued by Bureau of corrections – houses those offenders
competent authority. who are finally convicted and are waiting for the
 Death Convict – refers to an inmate whose results of their appeal and those who are
death penalty is imposed by a Regional Trial convicted of more than three years. (Under DOJ)
Court, which is affirmed by the Supreme
Court En Banc. Types of Jails
 Superintendent – refers to the one in  Lock-up cell – is a security facility for the
charge of prisons. temporary detention of persons held for
 Carpeta – refers to the institutional record of investigation (e.g., Suspects, Violators of
inmates which consists of; Mittimus City ordinance).
Commitment order, Prosecutor’s  City jails, Provincial and Municipal jails –
information, and the decision of the trial house both offenders awaiting court actions,
court including the appellate court. those serving short sentences usually up to
3 years only, and juvenile offenders pending
Status of Inmate as Affected by Appeal. for transfer to a social service agency
 Pending an appeal, the status of an inmate (Macasiano, 1999)
shall not be changed. Whenever upon
appeal, the sentence of an inmate is OBJECTIVES
reduced to a maximum term of  The broad objectives of the Bureau are the
imprisonment of less than three (3) years or following:
to a fine that does not exceed one a. To improve the living conditions of
thousand pesos (P1,000.00). offenders in accordance with the
 The inmate shall be transferred to the accepted standards set by the United
custody of the Bureau of Jail Management Nations; BJMP Comprehensive
and Penology or the Provincial Government Operations Manual Revised 2015.
concerned for service of sentence. b. To enhance the safekeeping,
rehabilitation, and development of
Origin of the Word Jail offenders in preparation for their
 The term jail is derived from the Spanish eventual reintegration into the
word, “Jaulo” which means cage. mainstream of society upon their
 Etymologists attributed the word jail to have release; and
originated from the Spanish term “Caula,” c. To professionalize jail services.

7|Page
INSTITUTIONAL CORRECTIONS (CA 101)

CORE VALUES
 The BJMP’s officers and staff are guided by
the following core values:
a. Commitment – a strong sense of
dedication to the ideals of the
organization and to the public that it
serves;
b. Respect for Human Rights - to
promote and protect the rights of our
fellow human beings;
c. Efficiency/Competence - mastery of
important skills for delivery of quality
services;
d. Cooperation - willingness to share
efforts in implementing plans and
achieving goals; and
e. Teamwork - the combined effective
action of all personnel.

8|Page

You might also like