Module 1 : Introduction to Correction

Correction as component of Criminal Justice System

For Criminal Justice System purposes, the term correction, corrections and
correctional, are words describing a variety of functions typically carried out by
government agencies, and involving the punishment, treatment, and supervision of
persons who have been convicted of crimes, these functions commonly given through
institutional and non-institutional approaches. A correctional system, also known as a
penal system, thus refers to a network of agencies that functions related to rehabilitating
convicted persons through either institution-based or community-based corrections.

Correction is also the name of a field of academic study concern with the
theories, policies, and programs pertaining to the practice of corrections. Its object of
study includes personnel training and management as well as the experiences of those
on the other side of the fence- the unwilling subjects of the correctional process.

The terminology change in US academia from "penology" to "corrections"

occurred in the 1950s and 1960s, and it was driven by a new philosophy emphasizing
rehabilitation. It was accompanied by concrete changes in some prisons, like giving
more privileges to inmates, and attempting to instill a more communal atmosphere. At
least nominally, most prisons became correctional institutions, and guards became
correctional officers. Although the corrections-related terminology continued thereafter
in US correctional practice, the philosophical view on offenders' treatment took an
opposite turn in the 1980s, when the get tough" program was labeled by academics as"
The New Penology"

Correction is a branch of administration of criminal justice responsible for

correction and rehabilitation of those persons, who are after observance of due process,
was found violated penal law by competent judicial authority.

The historical Old Bilibid Prison in the heart of Manila

(Front Gate Bureau of Prisons, on c1900s/10s Vintage Postcard)
The present site is now being utilized by the Bureau of Jail Management and Penology
as Manila City Jail
As a component of the criminal justice system, correction occupies a crucial role of
rehabilitating convicted persons through the development of individualized treatment
programs which are responsive to the needs of their clients and within the prescribed
standards of existing laws and the United Nations.

The Ultimate goal of Correction is to reform and rehabilitate convicted individuals

and restore them in their prior status before the commission of the crime, as law abiding
citizen

What is correction?
• a branch of the criminal justice system concerned with the custody, suspension and rehabilitation of
criminal offenders.
• Is that branch of the administration of criminal justice charged with the responsibility for the custody,
supervision and rehabilitation of those who judicially found violated criminal law.
• Is in a view of reorientation or re-instruction of the individual with a purpose of preventing a repetition of
the unlawful activities without necessity of taking punitive action.

Two Approaches of Correction

1. Institutional Correction (Institution-based Correction) rehabilitation or correctional programs take
place inside correctional facilities or institutions such as national penitentiaries and jails.
Non- Institutional Correction (Community-based Correction) rehabilitation or correctional programs take place
within the community. This is otherwise refers to as community-based correction. This approach the convict will not
be placed or be released from correctional facility or jails
2.1. Probation- is a disposition, under which an accused after conviction and sentence, is released subject
to the conditions imposed by the Court and to the supervision of a probation officer.
2.2. Parole- A conditional release from prison of a convicted person upon service of the minimum of his
indeterminate penalty.
2.3. Pardon- a form of executive clemency which is exercise exclusively by the Chief Executive. Pardon
may be given conditionally (conditional pardon) or unconditionally (absolute pardon). For the purpose of
Non-Institutional Correction, it is the Conditional Pardon with parole conditions is under consideration.

AGENCIES OF THE GOVERNMENT CHARGED WITH CORRECTIONAL RESPONSIBILITY

1. Bureau of Correction (BuCor)
2. Bureau of Jail Management and Penology (BJMP)
3. Board of Pardons and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and Sub-Provincial Jails

Imprisonment
Imprisonment is the commitment to an institution, commitment to prison,
confinement, custody, detainment in custody, held in captivity, held in restraint, in
captivity, in custody, in jail, incarceration, internment, keep behind bars, kept as
captive,kept in captivity, kept in custody,kept in detention, kept under arrest, locked up,
put behind bars, put in cell, put under restraint, sent to jail, sent to prison.

To put it simply, imprisonment is defined as the act of confinement of a person in

prison; restraint of one’s personal liberty; forcible detention of man’s person or his
movements.

CONSTITUTIONAL LIMITATION OF THE GOVERNMENT TO PUNISH CRIMINALS:

Legal Rights against Unlawful Imprisonment or Detention
 One of the most protected rights of an individual is his right to liberty this is expressly provided for under
1987 Constitution, which states, “No person may be deprived of lives, LIBERTY and property without due process
of law”. Considering that the Constitution is not a self-executing law, the Revised Penal Code provide punishments
not only to public officers violating this constitutional right of an individual, but also private persons as well.

Difference between Arbitrary Detention and Illegal Detention

ARBITRARY DETENTION ILLEGAL DETENTION

Article 124, RPC Art. 267-268,RPC
Unlawful detention of a person committed by public Unlawful detention of a person committed by private
officers or officials person.

Notes:
 Arbitrary Detention under Article 124 of the Revised Penal Code should be further differentiated from
delay in delivery of detained person to proper judicial authority under Article 125 of the same code.
 In arbitrary detention, it is a sufficient that a public officer or employee, without legal grounds, detains a
person. Hence, an important element is detention without any legal ground.
 In delay in delivery of detained person to proper judicial authorities, the detention is with some legal
ground however, it becomes unlawful only when the public officer or employee shall fail to deliver such
person to proper judicial authority within the period prescribed by Article 125 of the Revised Penal Code.
 The prescribed periods under the Article 125 are as follows:
1. 12 hours for crimes or offenses punishable by light penalties;
2. 18 hours for crimes or offenses punishable by correctional penalties;
3. 36 hours for crimes or offenses punishable by afflicted or capital penalties, or their equivalent.
 Unlawful Arrest under Art. 269, Elements:
1. That the offender arrest or detain another person;
2. That the purpose of the offender is to deliver him t the proper authorities; and
3. That the arrest of detention is not authorized bylaw or there is no reasonable
ground thereof.
Considered Legal Ground for Detention of any person
1. Commission of the crime.
2. Violent insanity or any other ailment requiring compulsory confinement in a
hospital
Note: Under the government exercise of police power, those persons who are infected
of contagious disease may likewise be separated to the rest of the population.

Inmate

 Is a person committed to jail/prison by a competent court or authority for any of the following reasons:
1. To serve a sentence after conviction
2. Under trial
3. Under investigation
Notes:

 The court is said to be competent when it has the jurisdiction to try and decide a particular case
 Requisites for valid exercise of Criminal Jurisdiction
1. There must be a jurisdiction over the subject matter
2. There must be a jurisdiction over the territory; and
3. There must be a jurisdiction over the person of the accused
 Aside from courts , there are other authorities that can commit a person to jail like Boards and Commission and even
police authorities within limited periods.
GENERAL CATEGORY OF INMATES

1. Sentenced Prisoner (prisoner)- are persons who are convicted by final judgement of the crime charged against them.
 2. Detention Prisoner (detainee)- are persons who are detained for the violation of law or ordinance and has not yet been
convicted; and
3. Persons held for investigation or safekeeping
Notes:

 Safekeeping- is the temporary custody of a persons or detention of a person for his own protection or care, to secure
from liability to harm, injury or danger.
When Judgement of Conviction in Criminal Case become Final?

 After the lapse of the period for perfections an appeal which is fifteen (15) days;
 When the sentence has been partially or totally satisfied or served;
 When the accused expressly waives in writing his right to appeal;
 When the accused applies for probation
Classification of Sentenced Prisoners

1. Insular Prisoner- is a person who is sentenced to serve a prison term of over three (3) years and it is also known as
National Prisoner.
2. Provincial Prisoner- one who is sentenced to a prison term of six (6) months and one (1) day to three (3) years.
3. City Prisoner- is a person who is sentenced to serve a prison term of one (1) day to three (3) years.
4. Municipal Prisoner- is a person who is sentenced to serve a prison term of one (1) day to six (6) months.
Note:

The Classification enumerated above is based on the duration of imprisonment of the convicted person.

Inmates Security Classification

The inmate’s security classification utilized by the BJMP is different from what is being used by the BuCor.

BJMP CLASSIFICATION BUCOR CLASSIFICATION

1. High Risk Inmates 1. Maximum
2. High Profile Inmates 2. Medium
3. Ordinary Inmates 3. Minimum

Suggested Alternative for detention and Imprisonement

1. Wider use of bail and other approve methods of released from custody
2. Elimination from the jai; and prison of those who should be elsewhere like those mentally-ill and juveniles.
3. Payment of fines instead of imprisonment if penal law pemits
4. Extensive use of Community-based Correction approaches like Probation, parole, and Conditional Pardon.
5. Used of the delayed sentenced. This is procedure, which permits an incarcerated inmate to pursue his normal job during
the week and return to the jail or prison facility to serve sentence during non-working hours. In the Philippines, delayed
sentenced is not being applied.

TERMINOLOGIES:

Correctional 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- 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. The term is derived from the Greek word “POINE” as well as Latin word “POENA”
which means pain or suffering and “LOGOS” which means study.

- 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.
Penal Management- Refers to the manner or practice of managing or controlling places of confinement as in jails or prisons.

Imprisonment- is the commitment to an institution, commitment to prison, confinement, custody, . detainment, detainment in
custody, held in captivity, held in restraint. In captivity, in custody, in jail, incarceration, interment, keep behind bars, kept as
captive, kept in captivity, kept in custody, kept in detention, kept under arrest, locked up, put behind bars, put in a cell, put under
restraint, sent to jail, sent to prison.

- Defined as the act of confinement of a person in prison; restraint of one’s personal liberty; forcible detention of a man’s
person or his movements.

Exercises: Utilization of additional Sheet of paper if necessary is permissible.

1. Discuss the role or function of correction as a component of Criminal Justice

System
2. Discuss the significance of the provision of the Constitution for the protection of
people’s right against unlawful imprisonment or detention.
3. Is the term correction provides the same meaning of imprisonment? Justify your
answer
4. Provide the differences among Arbitrary Detention, Illegal Detention and Delay in
delivery of detain person to proper judicial authorities.
5. In your own opinion, why do we need to find some alternative for imprisonment?