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Insti Correct. 2
Insti Correct. 2
CORRECTION
- is a branch of the Criminal Justice System concerned with the custody supervision and rehabilitation of
criminal offenders.
- the fourth pillar in Philippine Criminal Justice System concerned as the weakest among the five for
failure to reached its objectives in reforming and rehabilitating criminal offenders who still commits
crime after their released from jails or prisons.
- describing a variety of functions typically carried out by government agencies involving treatment,
supervision and punishment of persons who have been convicted of crimes.
- refers to the branch of criminal justice system that deals with individuals who have been convicted of a
crime. The role of the correctional system is to ensure that an offender’s prison sentenced is carried out,
whether it’s time in jail or prison, probation and other community based service.
PENOLOGY
The study of punishment for crime or of criminal offender, it includes the study of control and
prevention of crime through punishment of criminal offender.
CORRECTIONAL ADMINISTRATION
The study of practice of a systematic management of corrections.
GOALS OF CORRECTION
1. RETRIBUTION
Retributive Justice- is a theory of punishment that when a offender breaks the law, justice requires that
they suffer in return, and that the response to a crime is proportional to the offence.
- As opposed to revenge, retribution- and thus retributive justice is not a personal, is directed only at
wrongdoing, has inherent limits, involves no pleasure at the suffering of others and employs procedural
standards.
- The presence of retributive justice in ancient Jewish culture is shown by its mention in the Law of
Moses, which refers to the punishments of “life for life, eye for eye, tooth for tooth, hand for hand, foot
for foot” in the reference to the Code of Hammurabi.
PURPOSE
- Those who commit certain kinds of wrongful acts, paradigmatically serious crimes, morally observe to
suffer a proportionate punishment.
- It is “intrinsically morally good without reference to any other goods that might arise if some legitimate
punisher gives [those who commit certain kinds of wrongful acts] the punishment they deserve.”
- “It is morally impermissible intentionally to punish the innocent or to inflict disproportionately large
punishments on wrongdoers.”
PROPORTIONALITY
- requires that the level of punishment be related to the severity of the offending behavior.
- An accurate reading of the biblical phrase “an eye for an eye” in EXODUS and “only one eye for one
eye”, or “an eye in place of an eye”.in LEVITICUS.
- The crime’s level of severity can be determined in multiple ways. Severity can be determined by the
amount of harm, unfair advantage or the moral imbalance that the crime caused.
- Philosophers of punishment have differentiated retributivism with utilitarianism. For utilitarian’s
punishment is forward-looking, justified by a purported ability to achieve future social benefits such as
crime reduction. But for retributionist’s, punishment is backward-looking justified by the crime that has
already been committed. Therefore, punishment is carries out to atonic for the damage already done.
2. INCAPACITATION
- In criminal sentencing philosophy is one of the functions of punishment that involves capital
punishment, sending an offender to prison, or possibly restricting their freedom in the community to
protect society and prevent that person from committing further crimes.
- Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future
offending.
PURPOSE
- Incapacitation is used primarily to protect the public from offenders who are seen as sufficiently
dangerous that they need to be “removed” from society for a period of time, which is achieved usually
by sending the offender to prison (incarceration).
3. DETERRENCE
- It is the idea or theory that the threat of punishment will deter people from committing crime and
reduce the probability and/or level of offending in society.
-It is one of the five objectives that punishment is thought to achieve; the other four are:
denunciation, incapacitation, retribution and rehabilitation.
4. REHABILITATION
- It is the process of re-educating and re-training those who committed crimes.
- The goal of this correction is to re-integrate offenders back into society.
- It is the process of helping a person to re-adopt to society or to restore someone to a former position
or rank.
- It involves psychological approaches which targets the cognitive distortions associated with specific
kinds of crime committed by particular offenders
5. RESTORATION OR RESTORATIVE JUSTICE
- It is a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is best
accomplished through cooperative processes that allow all willing stakeholders to meet.
- This can lead to transformation of people, communities and relationships
EARLY CODES
CODE OF UR-NAMMU
- Created (2100 BCE – 2050 BCE)
- The preface directly credits the laws to King Ur-Nammu of Ur (2112-2095 BCE).
- The author who had the laws written onto cuneiform tablets.
- It institutes fines of monetary compensation for bodily damage as opposed to the later lex talionis (eye
for an eye”) principle of Babylonian.
CODE OF LIPIT-ISHTAR
- Legal code from about 1870 B.C. writte in the Sumerian language
- A more ample vestige of Sumerian law is the so-called Code of Lipit-Ishtar (1934-24 BC), which
containes the typical prologue, articles and epilogue and deals with such matters as the rights of
persons, marriages, successions, penalties, property and contracts.
CODE OF HAMMURABI
- Hammurabi (c. 1810 – c. 1750 BC) was the 6th king of the first Babylonian dynasty of the Amorite tribe,
reigning form c. 1972 BC to c. 1750 BC.
- Hammurabi is best known for having issued the Code of Hammurabi, which he claimed to have
received from Shamash, the Babylonian god of justice.
- The law of Hammurabi was one of the first law codes to place greater emphasis on the physical
punishment of the perpetrator.
- Although its penalties are extremely harsh by modern standards, they were intended to limit what is
wronged person was permitted to do in retribution.
CODE OF HITTITES
- The code of the Nesilim, c. 1650 – 1500 BCE
- An ancient Hittite legal code dating from 1850 – 1500 BCE
- This contained the laws that reflected the Hittite empire’s social structure, sense of justice and
morality, addressing common outlawed actions such as assault, theft, murder and divorce among
others.
- The slaves under the code were allowed to choose whomever they wanted to many, but property,
open businesses and purchase their freedom.
CODE OF DRACO
- The Draconian Constitution or Draco’s code, was written law code created by Draco near the end of the
7th century BC in response to the unjust interpretation and modification of oral law by Athenian
aristocrats.
- This enactment of rule of law was an early manifestation of Athenian democracy
MOSAIC LAW
- Moses and authorship of the Law
- The law attributed to Moses, specifically the laws set out in the books of Leviticus and Deuteronomy, as
a consequence came to be considered supreme over all other sources of authority, and the Levites were
the guardians and interpreters of the law.
JUSTINIAN CODE
- Latin: Codex Justinianus, Justinianeus or Justiniani
- It is one part of the Corpus Juris Civilis, the codification of Roman Law ordered early in the 6 th century
AD by Justinian I, who was an Eastern Roman Emperor in Constantinople.
BURGUNDIAN CODE
- The laws deal mostly with inheritance and monetary compensation for physical injury
- The earlier work, antique and the later additions, novella, together make the whole Burgundian Code
TABLE XI
(Marriage Between Classes) – A person of a certain class shall not partake in marriage with a person of a
lower class.
TABLE XII
(Binding into Law) – Whatever one or more persons have ordered into law, shall be held by the 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 of criminals.
• It is a generic term that includes all government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the investigation, intake, custody, confinement,
supervision, or treatment of alleged offenders.
Correction as one of the pillars of Criminal Justice System is considered as the weakest pillar. This is
because of its failure to deter individuals in committing crimes as well as the reformation of inmates. This
is evident in the increasing number of inmates in jails or prisons. Hence, the need of prison management
is necessary to rehabilitate inmates and transform them to become law-abiding citizens after their release.
Correction is the fourth pillar of the criminal justice system. This pillar takes over once the accused, after
having been found guilty, is meted out the penalty for the crime he committed. He can apply for probation
or he could be turned over to a non-institutional or institutional agency or facility for custodial treatment
and rehabilitation. The offender could avail of the benefits of parole or executive clemency once he has
served the minimum period of his sentence.
When the penalty is imprisonment, the sentence is carried out either in the municipal, provincial or
national penitentiary depending on the length of the sentence meted out.
Correction as a Process:
Refers to the reorientation of the criminal offender to prevent him or her from repeating his deviant or
delinquent actions with out the necessity of taking punitive actions but rather the introduction of
individual measures of reformation.
Correction administration – The study and practice of a systematic management of jails or prisons and other
institutions concerned with the custody, treatment, and rehabilitation of criminal offenders.
Penology- study of punishment Binibase niya kung ano ginawa ng tao before kasi kung anong ginawa mo death
penalty agad ang hatol
Early Codes:
Code of ur-nammu Ur-nammu is a king
Code of Lipit- Ishtar (1934-24 bc) Rights to married Pagmamana ng mga properties Or succession
King Hammurabi Kung ano ginawa mo ganun din gagawin sayo an eye for an eye and tooth from a tooth
Burgundian code Justice based on social status Kapag mayaman ka mababa lang ang penalty Kapag mahirap ka
may malala ang penalty
-The head and hands of the offender were thrust through holes in the frame (as were the feet in the stocks)
to be held fast and exposed in front of it.
Stocks Paa at kamay
-braces for holding the wrist and ankles humiliating criminals for minor offenses.
Breaking at wheels Papaikutin ang presyo hangganh sa magkalasoglasog
-prisoner was tied onto the wheel, usually with his or her torso at the center of the wheel and his or her
wrists and ankles tied outward
Stoning to death Babatuhin hanggang mamatay
-punishment in which the convicted criminal is put to death by having stones thrown at them, generally
by a crowd.
Cat O nine tales Nagiiwan ng latigo
-The offender was tied to the ship's rail and whipped with nine knotted cords, known as a cat o' nine tails.
The cruel spectacle was a brutal yet effective way to ensure the crew obeyed orders.
Furca A fork like May tinodor nasa dibdib at lalamunan para hindi llantukin
- means a fork, was also the name of an instrument of punishment. It was a piece of wood in the form of
the letter A, which was placed upon the neck and chest of the offender, whose hands were tied to it.
Slaves
double-pronged fork. The sharp ends of the tool forced the wearer to hold their head back to avoid getting
stabbed through the upper chest or lower jaw
Pale (Spike for impalement) Tinutuhog mga tao ng sibat
-is a torture and execution in which a person is pierced with a long stake.
Branding Tinatatakan yuny mainit na metal parang sa kalabaw may corresponding na letters kung anong kaso mo
itatatak sayo
- A thief might be branded using a red-hot iron, and would carry the mark the mark for rest of his or her
life.
Burning Common sa witchcraft mga napag bibintangang mangkukulam
- burning at the stake became the most common method of putting to death those accused of witchcraft or
heresy (which at this time meant believing or teaching religious ideas other than those of the Catholic
Church).
The burning of two "Sodomites”