Institutional Correction
treatment and rehabilitation of criminal offender.
Two System Approaches to Correction
- As 4th pillars of Criminal Justice System the
Philippine Correction Pillar at present has two
system based approaches, the institution based and
the non-institution based, they are being run by
three (3) departments of the executive branch of
government.
- The Department of Justice (DOJ) takes care of the
national prisoner, the Department of Interior and
Local Government (DILG) takes care of municipal
city and provincial prisoner, and the Department of
Social Welfare & Development (DSWD) which take
care of youth offenders.
- The Bureau of Correction (BUCOR) the board
Pardon and Parole (BPP) and the Parole and
Probation Administration (PPA) are under the
Department of Justice.
- The Board of Pardons & Parole (BPP)
recommended to the President prisoners who are
qualified for parole, pardon and other forms of
executive clemency, while the PPA exercises
general supervision over all parolees &
probationers & promotes correction and
rehabilitation of offenders outside prison
institution.
Correction – A branch of Criminal Justice System
concerned with the custody, supervision and
rehabilitation of Criminal offenders.
Correctional Administration – the study and
practice of system management of jails or prisons
and other institution concerned with the custody,  Punishment – (General Sense) – it is the
infliction of some sort of pain on the
offender for violating the law
Penology – study of punishment for crime, it is the
 Penalty – the suffering that is inflicted by
branch of criminology dealing with prison
the State for the transgression of law
management, and the deterrent and reformatory
treatment of criminals. Penology also known as Ancient Form of Punishment
Penal Science has for its scope and coverage the
 Death Penalty
philosophy & corrective practice, particular dealing
 Physical torture
w/ prison management as well as punishment of
 Social Degradation
persons who violate criminal law. It is influenced by
 Banishment
Classical Doctrine.
Contemporary Form of Punishment
It comes for 2 words “PENO” and LOGY. Term Peno
derived from Greek word “POINE” as well as from  Imprisonment
Latin word “POENA” both means Punishment, Logy  Parole
is derived from Latin word “LOGOS” meaning  Probation
science.  Fines
 Destierro
Penal Management – refers to the manner or
practice of managing or controlling places of CONDITIONS OF PENALTY
confinement as jails or prisons.
1) Must be productive of suffering w/o however,
Functions of Corrections affecting the integrity of the human personality.
 Maintenance of Institution 2) Must be commensurate with the offense/
 Protection of law-abiding members of different penalties.
society
3) Must be personal – no one should be punished
 Reformation and rehabilitation of offenders
for the crime of another.
 Deterrence of crime
4) Must be legal – it is the consequence of a
Nature and Trends of Punishment
judgment according to law.
 Punishment – (Legal sense) it is more
5) Must be certain – no one may escape its effects.
individual redress or personal vengeance.
Therefore, it is defined as the redress of the 6) Must be equal for all.
state against an offending member.
7) Must be correctional.

THEORIES IN JUSTIFICATION OF PENALTIES
1) PREVENTION – the state must punish criminal to
prevent or suppress the danger in the state arising
from criminal act.
2) SELF DEFENSE – the state has the right to punish
the criminal as a measure of self defense so as to
protect society from the threat and wrong inflicted
by the criminal.
3) REFORMATION – the object of punishment in
criminal cases is to correct and reform the offender.
4) EXEMPLARITY – the criminal is punish to serve as
an example to deter others from committing
crimes.
5) JUSTICES – the crime must be punished by the
state as an act of retributive justice, a vindication of
absolute right and moral law violated by the
criminal.
3 FOLD PURPOSE OF PENALTY UNDER REVISED
PENAL CODE
1) RETRIBUTION OR EXPIATION – the penalty is
commensurate with the gravity of the offense.
2) CORRECTION OR REFORMATION – regulate the
execution of the penalties consisting in the
deprivation of liberty
3) SOCIAL DEFENSE – as shown by its inflexible
severity to recidivist and habitual delinquents.
LAW GOVERNING CRIMES AND PUNISHMENTS
Revised Penal Code also known as the Criminal law
form as part of statues as act NO. 3815 as amended
signed into law by the American Govern General
Dwight F. Davis on Dec. 8, 1930 & took effect on
Jan. 1, 1932.
The Revised Penal code is the revised and amended
version of the penal code of Spain of 1870 (Codigo
Penal Español) which was extended to the
Philippines by Royal Decree of the king of Spain
dated Dec. 17, 1886 and took effect on July 14,
1887 and becomes the Criminal Law of the
Philippines up to Dec. 31 1931 when it bowed out
of existence to give way to Revised Penal Code that
look effect on Jan. 1, 1932 effective up to present
time with various amendments.
CONSTITUTION RESTRICTION (Sec. 19 Act. 3)
The constitution directs that excessive fines shall
not be imposed nor cruel or unusual punishment
inflicted. The punishment is cruel and unusual when
it is disproportionate to the offense committed as
to shock the moral sense of a reasonable man as to
what is right and proper under the circumstances.
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The School of Penology
 Classical School
 Neo-Classical School
 Italian or Positivist School
 Modern Clinical School
ORIGIN AND HISTORY OF CORRECTION
Law originated from God and he laid down His
infinite wisdom and power to enforce it and
prescribed penalty or punishment. God created
Adam & Eve and decreed that they can eat any of
the fruits of trees growing in the Garden of Eden,
except the fruit of TREE OF KNOWLEDGE OF GOOD
AND EVIL.
Adam and Eve broke that law, so they were the first
criminal as they were punished by exile or
banishment from the Garden of Eden, which could
be considered as first penalty or punishment.
The first crime against person was likewise shown
in the Bible, when Cain killed his brother Abel, In
punishment for such crime, God placed a mark on
Cain, and make him a wanderer on the face of
death, as well a cursed his children for crime of the
father. The “Mark of Cain” that God put on the
brow of Cain is for the purpose of warning all men
of his crime. Said act is implanted in the
consciousness of every criminal and makes them
anti-social and that they always hide their criminal
activities.
The Bible likewise cites many instances of
punishment to those who violated God’s laws, such
as;
(a) The destruction of fire and brimstone of Sodom
and Gomorrha
(b) The GREAT FLOOD which covered the Biblical
world, wherein it rained for FORTY(40) days and
nights and only NOAH, his family, as well as the
animals that were in the ark lived.
MOSAIC CODE – premise on concept of retribution,
allows offender and victim to settle.
KING UR-NAMMO’S CODE – imposition of
restitution and fines of execution mutilation or
other savage penalties, but not death.
Code of Hammurabi
 Hammurabi, the king of Babylon during
18th century, was recognized as the first
codifier of laws.
 The Law of Talion (Lex Taliones) or principle
of “tit for tat” – punishment should be the
same as the harm inflicted on the victim
 Provides the 1st comprehensive view of law
in the early days
 The Code was starved in stone
The Hittites
 Two century after the Hammurabi
 Though discovered, few were deciphered
 Great importance in Morality
The Religious Code
 10 Commandments of the Book of
Deuteronomy
 The book of Koran – Koran is more specific
on three kinds of offenses: Homicide, theft
and adultery
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The Greek
Code of Draco (Drakon)
 The “ultimate severity”
Laws of Solon
 Repealed the Code of Draco
 Solon was the one of the first to see that a
lawgiver had to make laws that applied
equally to all citizens
 Saw that punishment must maintain
proportionality to the crimes committed.
. Rome and the Criminal Law (the Twelve Tables)
 Foundation of all laws in Rome and written
in tablets of bronze
 Drafted by Decemvirs, a body of men
composed of patricians.
 Written in the middle of 6th century
 It is largely incorporated into the Justinian
Code.
Justinian Code
 Roman Emperor Justin put the code in
effect
 Became the standard law in all areas
occupied by the Roman Empire in Europe.
 Revision of Twelve tables
Burgundian Code
 Introduced the concept of Restitution
 Punishment was meted according to social
status: Nobles, middle class and lower class
has specified values on their lives.
 Offender had to pay specified value in order
not to undergo physical suffering as penalty
 Offender who cannot pay will be subjected
to death penalty
Punishment to the Middle Age to Criminal Law and
Deterrence
 After the fall of Rome in the 5th Century
A.D. – to the beginning of Middle Ages in
the 13th Century, submerging the Europe
to the “Dark Ages”, the roman laws were
almost forgotten
 Strongly revived only during the
Renaissance and Reformation and on to the
18th and 19th centuries.
Acts of the Punishment of Rogue, Vagabonds and
sturdy Beggars
 Bridewell Institution 1597
 Enacted during the reign of King Henry VII
(1509-1947) under his daughter Elizabeth I.
 Mandates beggars to be return to their
birth place, kept in jail or house of
corrections until they could be put to work
 Became the basis of transportation of
criminals
 The former Royal Palace of Bridewell,
London was the first work house for poor
and idle people.
 In 1602, Elizabeth I proclaimed that those
who are not convicted of murder, rape or
burglary be sent to Galleys to work as
slaves or oarsman.
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Hulks
 Prison ship
 Former warship used to house prisoner in
18th to 19th century
 Abandoned or unusable transport ships
which were converted into prison as means
 of relieving congestion when transported
system was abandoned in rivers
 Also called as “floating hells”
 No segregation for young, man and woman
 Lasted for 85 years
Gaols
 Hard for the poor but not for the wealthy
 Prisoners have to pay for their
accommodation, food and the cost of
administration and security
 The prisoners were chained at the wrist,
ankles or neck and these chains were tied
on the wall or floor of the prison.
Wallnut Street Jail
 1st American penitentiary in Philadelphia
 Psychological treatment
 Where the separate, silent penitentiary
philosophy of john Howard was introduced.
Maine State Prison
 Early Roman Place of Confinement
 Prisoner worked in the mines during day
and then their ankles and necks were
shackled during night to prevent escape
 Detain offenders where they will starved to
death
Sing Sing Prison
 One of the most notorious prison on 1800
 The force of icy cold water hitting the head
of the offender caused so much pain and
extreme shock and sudden drop in body
temperature
Hospicio de San Michelle 1703 in Rome
 Emphasized the rehabilitative concept of
the segaragation of prisoner and force to
silence to make him contemplate their
wrongdoings
 Physical tortured was minimized and
reserved only for incorrigibles
 Supplanted by mental and psychological
stress due to extreme loneliness of
segregation and forced silence
 They listened to religious brothers giving
religious teachings
 Chained in one foot and strict rule of
silence
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John Howard 1773
 High Sheriff of Bedfordshire
 He was captured by the French and held
prisoner for two months in great barbarity
 He was returned to England as exchanged
prisoner
 Wrote the book “The State of the Prisons in
England and Wales”
John Howard
 Father of Prison Reform
 Single cell for sleeping
 Segregation of women and youth
 Sanitation of jail
 Abolition of fee system
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18th Century
Development of Modern Correctional Concepts and
Standards
1718 (Europe, France and Spain)
 Punishment and transportation of criminals
became a practice
 Abruptly halt in 1778 due to American
Revolution leading England to divert their
convicts to Australia and New Zealand
Mid of 19th Century
 1875
 Transportation system was finally
abandoned but over 135,000 felons had
been sent to Australia and New Zealand
Later part of 18th Century
 Age of Reason or Age of Enlightenment
 Baron de Montesquieu and Voltaire took
active part in making reforms in criminal
law and procedure by stimulating the
cerusading zeal of an Italian philosopher
named Cesare Becarria.
 1870-1880 – The Golden Age of Penology
Cesare Becarria
 Secret accusation and torture should be
abolished. Speedy trial should be
promoted.
 No capital punishment. Life imprisonment
is a better deterrent.
 Banishment is excellent for crime against
state.
  Crime against property should be punished
by fine or imprisonment if unable to pay
the fine.
 Capital punishment is irreparable hence no
provision for possible mistakes and later
reflection.
Jeremy Bentham
 Greatest Happiness principle
 Hedonistic Calculus or Felicific Calculus
 Utilitarianism
 Designed the Panopticon Prison
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Development of Prison
 In United States, prison was first
established.
 Evolve as substitute for transportation,
exile. Public degradations, corporal
punishment and death penalty by provision
of Pennsylvania Law of 1790.
William Penns
 “The Great law” of Pennsylvania
 Providing more humane treatment of
offender
 Responsible for abolition of death penalty
Development of Prison
 In Medieval Europe, jail was introduced
 A place of confinement of persons arrested,
undergoing trial and for those convicted of
minor offenses such as vagrancy, gambling
and prostitution.
The Two Rival Prison
Auburn Prison System
 Established in 1819
 Confinement of the prisoners in a single cell
at night and congregate work in shops
during day
 Adopted by United states
Pennsylvania Prison System
 Established in 1829
 Confinement of prisoners in their own cells
day and night
 Adopted by European countries
Note: Both observe complete silence
Maison de Force – rule of silence
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Reformatory Movement
Manuel Montesinos
 Director of prison of Valencia Spain in 1835
 He divided prisoners into companies and
appointed one prisoner as petty officer in
charge
 Academic classes of one hour a day was
given to all inmates under 20 years of age
Alexander Maconochie
 Superintendent of the penal colony in
Norfolk Island in Australia
 Introduced a progressive humane system to
substitute for corporal punishment
 Marking system
Domets of France
 Established agricultural colony for
delinquent boys in 1839
 The boys were housed in cottage with
house father in charge
 System was based on re-education rather
than force
 When discharged, the boys were place
under the supervision of a Patron
Sir Walter Crofton
- Chairman of the Director of Irish Prison
- Introduced the Irish system in 1856
 1st stage – solitary confinement for
9months
 2nd stage – work assignment to public work
at Spike Island. Prisoner worked for his
promotion and wore badge of distinction.
 3rd stage- the prisoner was sent to Lurk or
Smith field which was sort of preparation
for release.
 Final Stage – release on supervision under
conditions
Z.R. Brockway
 Introduced the Elmira Reform System in
New York – forerunner of Modern Penology
 A new institutional program for boys (16-
30)
  New prisoner was classified as 2nd grade
and was promoted to 1st grade after 6
months of good behaviour.
 Another 6 months of good behaviour will
qualified him for Parole.
 If committed misconduct, demoted to 3rd
stage where he was required to show good
conduct for one month to be reclassified to
2nd grade.
usually up to three years, frequently it is only
facility available for the detention of the juvenile
offender and for the care of the non-criminal
insane, pending commitment to the state
psychopathic hospital.
3. Workhouse, jail-farm or camp – these institution
house minimum custody offenders serving short
sentences, usually not more than three years.
Importance of Jail and Prison
 Serves as deterrent
 Enables the wrongdoer to be reformed and
rehabilitated
 Avoid influence of hardened criminal
 Separate offender according to duration of
imprisonment
 Determine the separation of jurisdiction
between two or more cities
 Help the government economically

Jail and Prison

General Classification of Jail
Jail Administration
 Municipal Jail – punishable with duration of
 Jails- are primarily adult penal institution
1day to 6months
used for the detention of persons charged
 City Jail – punishable with duration of 1day
with crime, but later it came into use for
to 3years
the service of shorter sentence.
 District Jail – Punishable with duration of 6
 Today, it is the place for locking-up persons
months-1 day to 3 years
who are convicted of minor offenses or
 Provincial Jail – punishable with duration of
felonies who are to serve a short sentence
6 months – 1day to 3 years (under
imposed upon them by a competent court,
provincial government)
or for confinement of persons who are
awaiting trial or investigation of their cases. Prison
Types of Jails  Institutions for confinement of convicted
offenders sentence to more than 3 years of
1. Lock-up – this is a security usually operated by
imprisonment
the police department, for temporary detention of
 Derived from Greco-Roman word “presidio”
persons held for investigation or awaiting
 Administered by National government
preliminary hearing, usually period of detention
under Bureau of Corrections
does not exceed 48 hours.
 Also called national prisons and includes
2. Ordinary Jail – house both offenders awaiting penal colonies and penal farms.
court action and those serving short sentences,