Lesson Proper for Week 16

CORRECTIONS AND PRISON MANAGEMENT

PENOLOGY

Penology is 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. It is a term derived from the Latin
word "poena" which, means pain or suffering

Penology is also 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.

Principal Aims of Penology

To bring light on the ethical barriers of bring punishment, along with the motives and purposes of
society inflicting it.

1. To make a comparative study of penal laws and

2. To evaluate the social consequences of the procedures through history between nations.
Policies enforced at a given time.
The term Penology was changed to Correction due to its harsh connotation. Thus, penal
management is also changed to correctional administration to mean the manner or practice of
managing or controlling places of confinement, as in jails or prisons, including custody, treatment,
and rehabilitation of criminal offenders.

CORRECTION

Correction is a branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders. It is the field of criminal justice administration, which utilizes the
the body of knowledge and practices of the government and the society in the general involving the
processes of handling individuals who have been convicted of offenses for purposes of crime
prevention and control.

Correction, as a process, is the reorientation of the criminal offender to prevent him or her from
repeating his delinquent actions without the necessity of taking punitive action but rather the
introduction of individual measures of reformation.

Corrections and the Criminal Justice System

The Criminal Justice System is the machinery of any government in the control and prevention of
any crimes. It is composed of the pillars of justice such as: Law Enforcement Pillar (Police), the
Prosecution Pillar, the Court Pillar, the Corrections Pillar, and the and Community Pillar.

Correction as one of the pillars of Criminal Justice system is sometimes considered as the
weakest pillar. This is so because of its failure to deter individuals in committing crimes as well aas
the reformation of inmates as evident by the increasing number of inmates. Hence, the need of
penal reforms to rehabilitate inmates and transform them to become law-abiding citizens after their
release.

Corrections 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.

HISTORICAL DEVELOPMENT OF CORRECTION

Primitive Era

 Retaliation (Personal Vengeance) was the earliest remedy for a wrong act to anyone. The
concept Personal revenge by the victim's family or tribe against the family or tribe of the
offender, hence "blood feuds" was accepted in the early primitive societies.
 Fines and Punishment- customs have exerted effort and great force among primitive
societies. The acceptance of vengeance in the form of payment (cattle, food, personal
services, etc.) became accepted as dictated by tribal traditions.

13th Century

 Securing Sanctuary - During this period, a criminal could avoid punishment by claiming
refugee in a church for a period of 40 days.
 In England at about 1468, torture as a form of punishment became prevalent.

16th Century

 Transportation of criminals in England was and other European Countries followed this
authorized. At the end of the century, Russia system. It partially relieved overcrowding of
prisons.
 Transportation of criminals was abandoned in 1835.
17th C to late 18th Century

 Death Penalty became prevalent as a form of punishment.

 GAOLS (Jails) were common. These are pre-trial detention facilities operated in England.
 GALLEYS were also used. These are 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 were commonly used- former warships used to house prisoners. Abandoned
warships were converted into prisons as a means to relieve congestion of prisons. They
were also called floating hells".

EARLY LEGAL SYSTEM

History has shown that there are three main legal systems in the world, which have been
extended to and adopted by all countries aside from those that produced them. In their chronological
order, they are:

 Roman Laws
 Mohammedan or Arabic Laws
 Anglo-American Laws
Among the three, it was Roman law that has the most lasting and most pervading influence.
The Roman private law (which include Criminal Law), especially has offered the most adequate
basic concepts which sharply define, in concise and inconsistent terminology, mature rules and a
complete system, logical and firm, tempered with a high sense equity.

EARLY LEGAL CODES

Babylonian and Sumerian Codes

a. Code of Ur-Nammu (ca 2050 BC) - Through archaeological diggings, scientists have
acknowledged that the first law system in the world belonged to the Mesopotamians, specifically the
Sumerians. One of the most ancient legislators, Ur-Nammu, who was the ruler of the city of Ur had a
code detailing the punishments for witchcraft, the escapades of slaves and assault.

b. Code of Eshunna (ca 1930 BC) - a Sumerian code which forbids accepting money or objects
"from the hands of a slave" or making loans (that is, any transactions with a slave). Moneylenders
are likewise forbidden from taking hostages, whether free men or slaves

c. Code of Lipit-Isthar (ca 1860 Bc) - a more popular version the Sumerian law which chronicles
the rights of citizens, marriages, successions, property rights and penalties. BC)
d. Code of Hammurabi (ca 1780 BC)- the Babylonian code that prescribes harsh punishment.
Punishments were calculated according to lex talionis- law of retaliation. Death penalties could also
be imposed on crimes such as murder, and several kinds of execution, depending on the nature of
the crime.

Greek and Roman Codes

a. Greek Code of Draco (621 BC) - In Greece, around 621 BC, the Code of Draco was enforced, a
hash code that provides the same punishment for both citizens and the slaves as it incorporates
primitive concepts. The penalty for many offenses was death; so severe, that the word "draconian"
comes from his name and has come to mean, in the English language, an unreasonably harsh law.
The Draco laws were the first written laws of Greece. These laws introduced the state's exclusive
role in punishing persons accused of crime, instead of relying on private justice. Thus, the Greeks
were the first society to allow any citizen to prosecute the offender in the name of the injured party.

b. Solon's Law (530 BC) - This law repealed Draco's laws and allowed capital punishment only for a
limited number of serious offenses, such as murder or military or political offenses against the state.
It also gave the right of representation, of every person to claim redress on behalf of another to
whom wrong was being done.

c. The Twelve Tables (450 BC) - represented the earliest codification of Roman law which was later
on incorporated into the Justinian Code. It is the foundation of all public and private law of the
Romans until the time of Justinian. It is also a collection of legal principles engraved on metal tablets
and set up on the forum.

d. Justinian Code- 6th C A.D., Emperor Justinian OI Rome wrote his code of law. This was an
effort to match a desirable amount of punishment to all possible crimes. However, the law did not
survive due to the fall of the Roman Empire but left a foundation of Western legal codes.

French Code

1. Burgundian Code (500 A.D) - also known as Lex Burgundionum, published in about 475 in
Burgundy, now Southeastern France. The codification married German to Roman law as well
as advancing other unique and novel aspects of written private laws which influenced the
course of the laws of Europe.
Secular Laws

1. Secular Laws (4t AD) - were advocated by Christian philosophers who recognizes the need
for justice. Some of the proponents these laws were St. Augustine and St. Thomas Aquinas.
During this period, three laws were distinguished: External Law (Lex Externa) Natural Law
(Lex Naturalis), Human Law (Lex Humana). All these laws are intended for the common
good, but the Human law only become valid if it does not conflict with the other two laws.
Chinese Codes

a. Qin Code During the Chin or Qin Dynasty of 221-2065 BC, the King of Qin (aka Chin) managed to
defeat most of the other kings and was able to consolidate power over much of the modern-day
territory of China.

b. Han Code In 206 BC, the Han Dynasty began and the Confucius legal policy was reinvented with
a vengeance and thereafter remained as the "dominant force" behind Chinese law right up 1949.

c. Tang Code developed during the dynasty of the same name, circa 624, and as substantially
revised in a second edition which issued in 637. The Code revised earlier existing Chinese codes
and standardized procedures.

d. Ming Codes were a succession Or consolidations of the criminal law in China, developed during
the Ming Dynasty of 1368- 1644.

e. Qing Code In 1644, Chinese law was again altered by the publication of the Qing Code, the last of
the great law codes of the Chinese dynasties. Some Confucian features of the Qing Code included
deference to the family hierarchy where even the accidental death of an elder meant death.
Conversely, if a child cursed an elder and the child was then beaten to death, the punishment to the
offender was relatively mild.

EARLY PRISONS

a. Mamertine Prison (Carcere Mamertino) (600 BC) the oldest known prison can be traced to the
Ancient Rome. Originally designed as a cistern for water.

b. Chateau d'lf (pronounced as shat-o-deef) - 1524 - fortress that was built on the rocky islet of If,
2 miles off the French port of Marseilles. In 1580 it was taken into use as a state prison for those
convicted of serious political and religious crimes.

c. Bridewell Prison (1557) - the most popular workhouse in London which was built for the
employment and housing of English prisoners.

d. Walnut Street Jail (1776) - was originally constructed as a detention jail in Philadelphia was
converted into a state prison and became the first American Penitentiary.

e. Devil's Island (isle du Diable) - 1852 the most notorious prison in the world in terms of the
harshness of its regime and position. The island is situated in the Atlantic off the coast of French
Guiana (N.E. coastline of S. America) and was in use from 1852 to 1946.

f. Alcatraz (The Rock) 1850 - the prison is located on an island in San Francisco Bay. It was built
for the military in the 1850's and used by them, as a fort and a prison until 1933 when it passed to
the Department of Justice and became a civil prison until it was closed in1963.

PRISON DEVELOPMENT IN THE PHILIPPINES

Brief Timeline:

1847-Old Bilibid Prison on Oroquieta Street in Manila, was established. It was formally opened on
April 10, 1866 by a Royal Decree.

1870 -San Ramon Prison and Penal Farm in Zamboanga City was established.

1905 - Bureau of Prisons was created under the Reorganization Act of 1905. Re-establishment of
San Ramon Prison in 1907, which was destroyed in 1898 during the Spanish-American War.

1907 -Iwahig Prison was converted as a Penal colony and became the Iwahig Penal Colony and
Farm by virtue of Act No. 1733.

1929 -Correctional Institution for Women (CIW) was created under Act No. 3579.

1932 - Davao Penal Colony was opened under Act No. 3732.

1935 -New Bilibid Prison was established in Muntinlupa, Rizal.

1954 -Sablayan Penal Colony located in Occidental Mindoro was established.

1972 -Leyte Regional Prison (LRP), situated in Abuyog, Southern Leyte, was established by virtue of
Presidential Decree No. 28.

2007- Correctional Institution for Women Mindanao became operational.

CRIMINAL PUNISHMENT

Punishment is the redress that the state takes against an offending member of society that usually
involves pain and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing.

Ancient Forms of Punishment

1. Death Penalty affected by burning, beheading, hanging, breaking at the wheels, pillory and other
forms of medieval executions.

2. Physical Torture affected by maiming, mutilation, whipping and other inhumane or barbaric forms
of inflicting pain.

3. Social Degradation - putting the offender into shame or humiliation.

4. Banishment or Exile - the sending or putting away of an offender which was carried out either by
prohibition against coming into a specified territory such as an island to where the offender has been
removed.

5. Other similar forms of punishment like transportation and slavery.

Early Forms of Prison Discipline

1. Hard Labor - productive works.

2. Deprivation - deprived of everything except the essentials of existence.

3. Monotony - giving the same food that is "off diet, or requiring the prisoners to perform drab or
boring daily routine.

4. Uniformity - "we treat the prisoners alike", "the fault of one is the fault of all".

5. Mass Movement - mass living in cellblocks, mass eating, mass recreation, mass bathing.

6. Degradation uttering insulting words or languages on the part of prison staff to the prisoners to
degrade or break the confidence of the prisoners.

7. Corporal Punishment imposing brutal punishment or employing physical force to intimidate a

delinquent inmate.

8. Isolation or Solitary Confinement non- communication, limited news, "the lone wolf'.

Contemporary Forms of Punishment

1. Imprisonment - putting the offender in prison for the purpose of protecting the public against
criminal activities and at the same time rehabilitating the prisoners by requiring them to undergo
institutional treatment programs.

2. Parole - a conditional release of a prisoner after serving part of his/her sentence in prison for the
purpose of gradually re-introducing him/her to free life under the guidance and supervision of a
parole officer.

3. Probation - a disposition whereby a defendant after conviction of an offense, the penalty of which
does not exceed six years imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer.

4. Pine - an amount given as a compensation for a criminal act.

5. Destierro - the penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25- kilometer perimeter.
JUSTIFICATION OF PUNISHMENT

1. Retribution - the punishment should be provided by the state whose sanction is violated, to afford
the society or the individual the opportunity of imposing upon the offender suitable punishment as
might be enforced. Offenders should be punished because they deserve it.

2. Expiation or Atonement - it is punishment in the form of group vengeance where the purpose is
to appease the offended public or group.

3. Deterrence - punishment gives a lesson to the offender by showing to others what would happen
to them if they violate the law.

4. Incapacitation and Protection the public will be protected if the offender has been held in
conditions where he cannot harm others especially the public. Punishment is done by placing
offenders in prison so that society Wll De ensured from further criminal depredations to criminals.

5. Reformation or Rehabilitation - it is the establishment of usefulness and of the responsibility of

the offender.

THE AGE OF ENLIGHTENMENNT

18th Century is a century of change. It is the period of recognizing human dignity. It is the movement
of reformation, the period of the introduction of certain reforms in the correctional field by certain
persons, gradually changing the old positive philosophy of punishment to a more humane treatment
of prisoners with innovative programs.

PIONEERS OF REFORMATION

William Penn (1614-1718) -He fought for religious freedom and individual rights. He is the first
leader to prescribe imprisonment as correctional treatment for major offenders. He is also
responsible for the abolition of the death penalty and torture as a form of punishment.

Charles Montesquieu (1689- 1755) - He was a French historian and philosopher who analyzed law
as an expression of justice. He believed that harsh punishment would undermine morality and that
appealing to moral sentiments as a better means of preventing crime.
Voltaire (1694- 1778) He was the most versatile of all philosophers during this period. He believes
that fear of shame was a deterrent to crime. He fought the legality-sanctioned practice of torture.

Cesare Beccaria (1738-1794) He fought for a humanistic goal of law.

Jeremy Bentham (1748-1832) He was one among the greatest leaders in the reform of English
Criminal law. He believes that whatever punishment designed to negate whatever pleasure or gain
the criminal derives from crime, the crime rate would go down. Bentham was the one who proposed
about the ultimate PANOPTICAN PRISON - a prison that consists of a large circular building
containing multi cells around the periphery.

John Howard (1726 - 1790) - He was sheriff of Bedfordshire in 1773 who devoted his life and
fortune to prison reform. After his findings on English Prisons, he recommended the following: single
cells for sleeping, segregation of women, segregation of youth, provision of sanitation facilities,
abolition of fee system by which jailers obtained money from prisoners.

THE REFORMATORY MOVEMENT

Alexander Maconochie - He is the Superintendent of the penal colony at Norfolk Island in Australia
(1840) who introduced the "Mark System". A system in which a prisoner is required to earn a
number of marks based on proper department, labor and study in order to entitle him for a ticket to
leave or conditional release which is similar to parole.

Manuel Montesinos - The Director of Prisons in prisoners into companies and appointed certain
prisoners as petty officers in charge, which allowed good behavior to prepare the convict for gradual
release.

Frédéric-Auguste Demetz established an agricultural colony for delinquent boys in 1839 providing
house fathers as in charge of these boys.

Sir Evelyn John Ruggles Brise - The Director of the English Prison who opened the Borstal
institution for young offenders. The Borstal Institution is considered as the best reform institution for
young offenders today.

Walter Crofton - He is the Director of the Irish Prison in 1854 who introduced the Irish system that
was modified based from the Maconochie's mark system.

Zebulon Brockway - The Director of the Elmira Reformatory in New York (1876) who introduced
innovative programs adopted in the Elmira Reformatory, hence this was considered forerunner of
modern penology because it had all the elements of a modern system.