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Learning Module in Therapeutic Modalities: College of Criminal Justice
Learning Module in Therapeutic Modalities: College of Criminal Justice
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INTRODUCTION
Per CMO No. 05 s. 2018, Therapeutic Modalities course covers the different
therapeutic modalities, treatment models, treatment programs, and policy or program
intervention for both in Institutional and non-institutional corrections. The forging of
partnerships, involvement and engagement of Government Agencies, Religious Sector,
Private Foundations, Institutions and Non-Governmental Organizations focused on the
Detainee’s/Inmate’s/Person Deprived Liberty’s total welfare and well-being.
As mandated thereof, its contents include: review on the relevant topics in
Institutional Corrections and Non-Institutional Corrections; Standards on Treatment and
Rehabilitation of Prisoners/Inmate/PDL’s; PDLs Admission Process and Procedures in
the BJMP, Provincial Jails & BUCOR. Treatment Programs and Rehabilitation of the
Different Confinement Facilities (PNP, NBI, BJMP, Provincial Jails & BUCOR) of
Persons Deprived of Liberty (PDLs) as provided and allowed by Law, Operation
Manual, Policy, International Standards, and approved Rehabilitation and Treatment
Program and Activities; Treatment Programs of Convicted Persons placed under Non-
Institutional correction programs/Community Based Program (Parole and Probation
Administration, including Pardonees); Therapeutic Modalities: Making Jail/Prison Facility
as Therapeutic Community (TC); Transitional TC providing work, responsibilities, sense
of ownership, empowerment, involvement and participation etc.; Halfway Houses TC
with Technical support and supervision; Preparing for Integration, skills development,
personality development, Mock Job Interview, Mock Apprenticeship, Mock Work; Re-
entry program from prison walls to work/job doors; Developmental Aspects of
Therapeutic Modalities: Behavioral Management or Behavioral Therapy; Emotional and
Psychological; Intellectual and Spiritual or Cognitive Therapy; Vocational and Survival
Skills.
With a very limited available materials on the subject, the structure of this module
is basically based from that book of Cuasay and Apela entitled Therapeutic Modalities
(A textbook for Criminology Students and Practitioners) 2021 edition, the only book
available in the market so far, but of course amplifications were supplied in certain
topics whenever needed with cross reference to some authorities.
All efforts and diligence were exerted in crafting this module to make it more
accurate as possible but errors are inevitable and solely mine.
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JBPUROGJR
HUMAN RIGHTS
A. Approaches.
1. Natural Law Approach. Championed by thinkers such as Aquinas
and Jacques Maritain, this approach examines rights and obligations
as emanating from the human essence.
2. Positivist Approach. Espoused by thinkers such as Bentham and
Austin, this approach sees human rights as rights granted by those in
power rather than emanating from within every man.
3. Marxist Approach. This approach made distinctions between human
rights and political rights put a premium on the rights of the workers,
and viewed the rights of persons as individual from that of society as a
whole.
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C. Limitations. It is worth noting that rights are not absolute. By way of
example, Article 12 of the International Covenant on Civil and Political
Rights provides that even though the right to be able to move freely
around the territory of a State legally entered is recognized, such right can
still be curtailed as in cases where it is necessary to protect national
security or public order.
II. Codified Instruments. Human rights exist naturally and are inherent in all
men. In codified from, the primary instruments that contain human rights are
the 1948 Universal Declaration of Human Rights, and the 1993 Vienna
Declaration and Programme of Action. Aside from these primary instruments,
other notable instruments include the International Covenant on Economic,
Social, and Cultural Rights (ICESCR), the convention on the Elimination of All
forms of Racial Discrimination (CERD).
III. Regional Human Rights Protection Systems. These systems are tasked
with monitoring, promoting, and protecting human rights in their geographic
location. Currently the only regional systems in existence are European,
African, and Inter-American.
References:
Bacungan, Froilan. Human Rights Law; A Reality In Our Constitution. 2011
Edition. UP Law Center, Diliman, Quezon City
Nachura Eduardo and Gatdula, Jeremy. Outline Introduction to Public
International Law. 2020 Edition. Rex Book Store, Quezon City
Magallona, Merlin. Public International Law. 2005 Edition. CE Book Store,
Quezon City
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Suggested reading:
Republic vs. Sandiganbaya, G.R. No. 104768 July 21, 2003
FORMS OF PUNISHMENT
The forms of punishment Death penalty was Corporal
punishment was Public humiliation and in primitive society were: carried out by
inflicted the offender by shaming were
effected by
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1. Death penalty 1. hanging 1. Flogging 1. the use of stocks
2. Corporal 2. burning 2. Mutilation and pillory
punishment 3. immersing in 3. Disfiguration 2. docking stool
3. Public boiling oil 4. Maiming. 3. branding
4. feeding to 4. shaving off the
humiliation and wild hair, etc.
shaming animals
4. Banishment. 5. other barbaric ways.
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Justifications of Punishment
Retribution
In primitive days punishment of the transgressor was carried out in the form
of personal vengeance. Since there were no written laws and no courts, the victim
of a crime was allowed to obtain his redress in the way he saw fit. Oftentimes, the
retaliatory act resulted to infliction of greater injury or loss than the original crime,
so that the latter victim was perforce afforded his revere. Punishment therefore
became unending vendetta between the offender and the victim. Later, an attempt
was made to limit the retaliation to the degree of injury inflicted, thus the
philosophy of “an eye for an eye” evolved. During this period nearly all offenses
that are now included in criminal codes as public crimes, were considered private
offenses for which the victims were allowed their redress through personal
vengeance.
Expiation or Atonement
The group would therefore demand that the offender be punished. When
punishment is exacted visibly or publicly for the purpose of appeasing the social
group, the element of expiation is present. Expiation is therefore, group vengeance
as distinguish from retribution which is personal vengeance. Punishing the
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offender gives the community a sense of its moral superiority, an assurance that
virtue is rewarded after all. Hostile action against the offender brings about
cohesiveness in society. Corporal punishment in most modern countries has been
abolished and the application of punishment has tended to be withdrawn from the
public eye. Some segments of society, however, still cling to the belief wrong doing
or in order that punishment be punishment.
Deterrence
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of punishment uppermost in their minds. There are certain types of offenders who
could not be deterred by the fear of punishment, namely, the behavior of the
moment type involved in crimes of anger and passion; and the type of offender
whose antisocial behavior is connected with his personality pattern and is part of
his approach to life as exemplified by the psychopathic offender and the neurotic
offender.
Protection
Reformation
This is the latest justification of punishment. Under this theory, society can
best be protected from crime if the purpose of imprisonment is to reform or
rehabilitate the prisoner. Advocates of this theory contend that since punishment
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does not deter; in as much as imprisonment does not protect society from further
commission of crimes because the greater portion of the criminal population is at
large; and because prisoners stay in prison for a short time, from 3 to 5 years only,
society’s interest can best be served by helping the prisoner become a law-abiding
and productive citizen upon his return to the community by making him undergo an
intensive program of rehabilitation in prison.
Theoretically, imprisonment for reformation is sound, but practically,
rehabilitation is difficult to achieve. Some prisoners are reformed, but about 50%
get relapses. Failure to reform prisoners may be due to poor administration of the
reformatory program, or it may lie in the make-up of the criminal population.
LIMITATIONS OF PUNISHMENT
Trends of Punishment
Exemptions of Punishment
The basis for exemptions is usually social. In Europe, Kings and Rulers in
ancient and early modern society could do no wrong. Upper classmen were often
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times exempted from criminal liability for offences, which caused the commoner
long imprisonment or death penalty.
Most countries today do not punish offenders for absence of “mens rea”,
that is absence of a guilty mind or lack of criminal intent. The right of sanctuary
was practiced in the early Christian era. The benefit of clergy was originally given
to clerics who did not wear ecclesiastical robes from being tried by lay courts but
only by ecclesiastical courts. Latter the privilege was extended to anyone who
could read and write. Age of the offender was another basis for exemption from
criminal responsible. Under juvenile delinquents are not legally classified as
criminals.
References:
Anggay D. Abdullah Jr. Therapeutic Modalities Module. Available at Ca 3
Final Modules - PDFCOFFEE.COM .
Reyes, Luis B. Revised Penal Code Criminal Law Book 1. 2017 Edition. Rex
Book Store, Quezon City.
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GOVERNMENTAL PROGRAMS FOR THE VICTIMS
IMPORTANT!
1. Witness protection, security and benefit program is different from the State
Witness Rule (SWR) under the Rules of Court. The concept of witness protection
program is expanded that it covers congressional proceedings/investigation. Unlike
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SWR, covers only judicial proceedings.
2. Law Enforcement Officer is disqualified to avail the program. The rationale for
this is that it is the avowed duty of said officer to testify regarding commission of the
crime he has witnessed. There is no need to incentivized him considering that it his duty
after all.
law creating the Board of Claims under the Department of Justice granting
compensation for victims of unjust imprisonment or detention and victims of violent
crimes.
One of the more vexing problems in the area of justice and human rights is
the implementation of the constitutional provision against the deprivation of life,
liberty and property without due process of law. Persons have been accused and
imprisoned for crimes they did not commit, only to be subsequently acquitted.
Government and society have become notably indifferent to victims of crimes and
criminals. A judicial way of filing a claim for compensation may be too long.
Congress opted for an administrative procedure of filing the claims by creating the
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Board of Claims.
IMPORTANT!
Take note that this is just an administrative claim. This is different and distinct from that
compensation for damages that may be awarded by court in the process which is
judicial in nature.
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prosecution agreement.
(10) The right to be informed of the rights under this section and the services
described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42
U.S.C. 10607(c)) and provided contact information for the Office of the Victims'
Rights Ombudsman of the Department of Justice.
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