Def of Terms CA2

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1. Absolute Pardon – a pardon given without any condition attached.

2. Alexander Macanochie – as Superintendent of the Penal Colony at Norfolk Island in 1840, he


introduced a progressive humane system to substitute for corporal punishment, known as the
“Mark System”.
3. Alexander Solshenitsyn – a political prisoner who popularized banishment in the Gulag
Archipelago in a novel.
4. Act 4221 - Probation was first introduced in the Philippines during the American colonial period
(1898-1945) with the enactment of Act No, 4221 of the Philippine Legislature on August 7,1935.
This law created a Probation Office under the Department of Justice, and provided probation for
first offenders 18 years of age and above who were convicted of certain crimes.
5. Accessory penalties - those that are deemed included in the imposition of the principal penalties.
6. Afflictive penalty (Art. 26, RPC) A fine shall be considered an afflictive penalty, if it exceeds
6,000 pesos.
7. Amnesty- is an act of sovereign power granting oblivion or general pardon for a past offense
usually granted in favor of certain classes of persons who have committed crimes of a political
character, such as treason, sedition, rebellion.
8. Annual. - The Regional Offices through the RDs shall submit within thirty (30) days of the
ensuing year to the Administrator, copy furnished the PPA Planning Staff, their respective
Annual Reports containing, among others, operational highlights, special programs and projects
undertaken and/or other significant accomplishments for the year.
9. Appearance to Probation Officer - If probation is granted the Trial Court may direct the applicant
to report to the proper Probation Office within seventy-two (72) hours from his receipt of such
order.
10. Arresto Mayor - 1 month and 1 day to 6 months.
11. Arresto Menor - 1 day to 30 days
12. Assignment. - After receipt from the Trial Court, the City or Provincial Parole and Probation
Office concerned, through the CPPO shall assign the same to the office clerk for docketing and
eventual assignment to a subordinate investigating Probation Officer for the conduct of the PSI or
conduct such investigation himself.
13. Banishment – the sending or putting away of an offender, carried out either by a prohibition
against entering a specified territory or a prohibition against leaving a specified territory, such as
an island.
14. Beccaria, Lombroso, and Betham – their efforts changed the prison system based on solitary
confinement and hard labor so that by 1779 a penitentiary act was passed mandating the
establishment of the prison system.
15. Benefits of clergy: The earliest device for softening the brutal severity of punishment was the
benefits of clergy. Henry Il in 13th century compromised the church and the State. The members
of the clergy who were brought before the kings court maybe claimed under the jurisdiction of
the Bishop or Chaplain requesting him on the ground that he is subject to the ecclesiastical court
only. The benefit resulting for the compromise is that jurisdiction is maintained with the Kings
court but in sentencing, greater leniency was done resulting for offenders to escape death penalty.
Kings may not present evidence and if the offender is found guilty, his penalty may be degraded
or he may be put to penance.
16. Bond to keep the peace – shall be required to cover such period of time as the court may
determine.
17. Burgundian Code (500 A.D.) – Specified punishment according to the social class of the
offender, dividing them into nobles, middle class and lower class specifying the
value of the life of each person according to social status
18. Captain Alexander Macanochie, a penal superintendent at Norfolk Island colony, Australia, who
in 1840 originated the use of ticket of leave, or conditional release equivalent to parole.
19. Caseload. - In assigning probation supervision caseload(s) to the Probation Aides, the Probation
Offices shall duly consider their respective qualifications, length of service, work
accomplishments, and other related criteria. And, as to maximum supervision caseload to be
given to them, the Probation Office should, exercise utmost prudence and caution.
20. Certain - no one may escape its Effects.
21. Change of Residence: Transfer of Supervision. a. A Probationer may file a Request for Change of
Residence (PPA Form 24) with the City or Provincial Parole and Probation Office, citing the
reason(s) therefore this request shall be submitted by the Supervising Probation Office for the
approval of the Trial Court.
22. Civil interdiction- It is the deprivation of the offender during the time of his sentence of the rights
of parental authority, or guardianship,either as to the person or property of any ward, of marital
authority, of the right to manage his property, and of the right to dispose of such property by any
act or any conveyance intervivos.
23. Community corrections: is a sanction in which offenders serve some or all their sentence in the
community.
24. Community Reintegration The 1967 President's Commission on Law Enforcement and
Administration of Justice introduced the term "reintegration". Institutions isolate offenders
physically and psychologically.
25. Commutation of sentence - It is a change of the decision of the court made by the Chief Executive
by reducing the degree of the penalty inflicted upon the convict, or by decreasing the length of the
imprisonment or the amount of the Fine.
26. Concept. - A probationer's specific act and/or omission(s) constitutive of a violation of probation
condition(s) set forth in the original, modified or revised Probation Order shall be reported to the
Trial Court, taking into account the totality of the facts and surrounding circumstances and all
possible areas of Consideration.
27. Code of Kalantiao (1433) mostextensive and severe law that prescribesharsh
punishments.
28. Cesare Bonesa, Marchese de Becaria (1738-1794) – he wrote an “Essay on Crimes and
Punishments”, the most existing essay on law during his century. It presents the humanistic goal
of law.
29. Charles Montisiquieu (Charles Louis Secondat, Baron De La Brede et de Montisiquieu) – (1689-
1755) 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
was a better means of preventing crimes.
30. Classical School – proponents including Beccaria, Rousseau, Montesquieu, and Voltaire
maintained the doctrine of psychological hedonism, where the individual calculates pleasures and
pains in advance of action and regulates conduct accordingly.
31. Constitutional Restrictions on Penalties – the Constitution directs that "excessive fines shall not
be imposed, nor cruel and unusual punishment inflicted."
32. Conditional Pardon – a pardon given with requirements attached.
33. Correctional System – serves to rehabilitate and neutralize the deviant behavior of adult criminals
and juvenile delinquents. This component of the criminal justice system faces a three-side task in
carrying out the punishment imposed on the convicted offender by the court, to deter, to inflict
retribution, and rehabilitate. The components of the correction effectuate their functions through
different programs, probation, commitment to an institution, and parole.
34. Correction or Reformation- as shown by the rules which regulate the execution of the penalties
consisting in deprivation of liberty.
35. Cost- shall include fees and indemnities in the course of the judicial proceedings, whether they
are fixed or unalterable amounts previously determined by law or regulations in force, or amounts
not subject to schedule.
36. Coverage. - The following probationers may be recommended for the early termination of their
probation period:
37. Coup d'état; (Art 134 - A of the RPC)
38. Detention Prisoners - Detained for investigation, preliminary hearing, or awaiting trial. A
detainee in a lock up jail. They are prisoners under the jurisdiction of court
39. Death penalty – capital punishment
40. Direct assault. (Art 148 of the RPC)
41. Disloyalty of public officers or employees; (Art 137 of the RPC)
42. Diversion - Also known as Adjournment in Contemplation of Dismissal (ACD) Charges
dismissed if individual meets conditions of the court
43. Diversion programs- Alternatives to traditional prosecution or incarceration designed to divert
offenders away from the criminal justice system.
44. Divisible penalties - are those that have fixed duration and are divisible into three periods.
45. Drug courts: Specialized court programs that aim to address substance abuse issues through
treatment and monitoring.
46. Deterrence – the punishment gives a lesson to the offender or to would-be offenders by showing
to others what would happen to them if they violate the law. Punishment is imposed to warn
potential offenders that they cannot afford to do what the offenders have done.
47. Destierro – the penalty of banishing a person from the place where they committed a crime,
prohibiting them from entering a specified perimeter.
48. Domets of France – established an agricultural colony for delinquent boys in 1839, providing
house fathers in charge of these boys. He concentrated on re-education; upon their discharge, the
boys were placed under the supervision of a patron.
49. Expiation or Atonement – it is the punishment in the form of group vengeance where the purpose
is to appease the offended public or group (group vengeance).
50. Edward Savage - He was a Boston police captain who became America's first paid probation
officer in 1878.
51. Effectivity of Probation Order; A Probation Order shall take effect upon its issuance, at which
time the court shall inform the offender of the consequences thereof and explain that upon his
failure to comply with any of the conditions prescribed in the said order or his commission of
another offense
-he shall serve the penalty imposed for the offense under which he was placed on probation
52. Evidence-based corrections attempts to measure theprocess of a program and the impact it had on
participants
53. Filing. - Application for probation shall be filed with the Trial Court which has jurisdiction over
the case.
54. Form. - The application for probation shall be in the form approved by the Secretary of Justice as
recommended by the Administrator or as may be prescribed by the Supreme Court.
55. Gardner Tuft - He was a director of the Massachusetts Board of State Charities. He reported the
result of probation in cases of juvenile offenders to the legislature so the latter authorized the city
of Boston to appoint probation officer for adult offenders.
56. Greek Code of Draco – in Greece the code of Draco, a harsh code that provides the same
punishment for both citizens and the slaves as it incorporates primitive concepts(vengeance
and blood feuds). The Greek were the first society to allow any citizen to prosecute the
offender in the name of the offended party
57. Hard Labor – productive works.
58. Insular or National Prisoners-Those sentenced to suffer 3 years and1 day to life
imprisonment; those sentenced to suffer a term of imprisonment cited above but appealed
the judgment and unable to find a bond for their temporary liberty.
59. Imprisonment – putting offenders in prison for the purpose of protecting the public and at the
same time rehabilitating them by undergoing institutional treatment programs.
60. Isolation or Solitary Confinement – non-communication, limited news, “lone wolf”.
61. Illegal assembly; and (Art 146 of the RPC)
62. Indivisible penalties - are those which have no fixed duration, are: Death Reclusion Perpetur
Perpetual absolute or special disqualification Public Censure.
63. Investigation. - Based on reasonable cause reported by a reliable informant or on his own
findings, the SPPO, SrPPO, PPOII, PPOI concerned or the CPPO himself shall conduct or require
the Supervising Probation Officer on case to immediately conduct a fact-finding investigation on
any alleged or reported violation of probation condition(s) to determine the veracity and
truthfulness of the allegation.
64. Jeremy Bentham (1748-1832) – the greatest leader of English criminal law. He believes whatever
punishment is designed to negate whatever pleasure and pain a criminal derives from crime; the
crime rate would go down. Bentham was the one who devised the ultimate Panopticon Prison – a
prison that consists of a large circular building containing multi-cells around the periphery. It was
never built.
65. John Howard (1726-1790) – 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 cell
for sleeping, segregation of women, segregation of youth, provision of sanitation facilities,
abolition of the fee system by which jailers obtain money from prisoners.
66. Justice- Restorative Justice is victim centered and emphasizes offender responsibility to repair the
injustice that offenders have caused their victims. When a crime is committed the offender harms
both the individual victim and the community.
67. Justinian codes – 6th century A.D., Emperor Justinian of Rome wrote his code of law. An effort
to match a desirable amount of punishment to all possible crimes. However, the law did
not survive due the fall of the Roman Empire but left a foundation of western legal
codes.
68. Municipal Prisoners -Those confined in Municipal jails to serve an imprisonment from 1 day to
months; orthose detained therein whose trials of their cases are pending with the MTC
69. Manuel Montesimos – he was the Director of Prisons at Valencia, Spain in 1835, who divided
prisoners into companies and appointed prisoners as Petty Officers in charge; allowed reduction
of the inmate's sentence by one third (1/3) for good behavior; offered training to prepare the
convicts for return to society.
70. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing.
71. Monotony – giving the same food that is “off diet”, requiring the prisoners to perform drab or
boring daily routine.
72. National Penitentiary of Milkbank – followed in 1821.
73. Norfolk Prison at Wymondham, England – after the Penitentiary Act of 1779, this prison was
opened.
74. Neo-Classical School – arose at the time of the French Revolution, maintained that while the
Classical Doctrine was correct in general, it should be modified in certain details; since children
and lunatics cannot calculate pleasures and pain, they should not be regarded as criminals or be
punished.
75. Origin and History of Punishment - The oldest written penal law that stopped the ancient practice
of retribution of personal vengeance, and punishment became the responsibility of the state. This
law is known as the “Code of Hammurabi”, which King Hammurabi of Babylon promulgated.
76. Provincial Prisoners - Those person sentenced to suffer a term of imprisonment from 6
months and 1 day to 3 years or a fine not more than 1,000 pesos, or both; or those detain
therein waiting for preliminary investigation of their cases cognizable by the RTC.
77. Punishment in Primitive Society - The most common punishments are death, physical torture,
mutilation, branding, public humiliation, fines, forfeiture of property, banishment, and later on
transportation and imprisonment.
78. Penology – from the Greek words “Poine” which means Punishment and “Logus” – course or
study of crime prevention, prison, reformatory management, and correction of criminals. Is the
branch of criminology which deals with the management and administration of inmates.
79. Penal Management – refers to the manner or practice of managing or controlling places
of confinement as in jails or prison
80. Parole – a procedure by which prisoners are selected for release on the basis of individual
response and progress within the correctional institution, providing necessary guidance as they
serve the remainder of their sentence in the free community.
81. Pentonville National Penitentiary – opened in 1842.
82. Positive School – denied individual responsibility and reflected an essentially non-punitive
reaction to crime and criminality. Since the criminal was held to be not responsible for his acts,
he was not to be punished.
83. Probation – a procedure under which a defendant found guilty of a crime is released by the court
without imprisonment, subject to conditions imposed by the court and supervision of a probation
officer.
84. Punishment – defined as the redress that the state takes against an offending member. It is
inflicted by the group in corporate capacity on one who is regarded as a member of the same
group. It involves pain or suffering produced by design and justified by some value that the
suffering is assumed to have. It is a means of social control, a device to cause people to become
cohesive and induce conformity, thus it is necessary to restore moral equilibrium and for grounds
of social utility.
85. Protection – by placing offenders in prison society is protected from the further criminal
depredation of criminals.
86. Prisoners who are on Safekeeping- Includes non-criminal offenders who are detain in
order to protect the community against their harmful behavior. Ex. Mentally Deranged
individuals, insane persons.
87. Prison Mayor- 6 years and 1 day to 12years
88. Prison Correctional – 6 months and 1day to 6 years
89. Retaliation (Personal Vengeance) – the earliest remedy for a wrong act in primitive society. It
involves personal revenge by the victim’s family or tribe against the family or tribe of the
offender, hence “blood feuds”.
90. Retribution – 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.
91. Reclusion Perpetua – 20 years and 1 day to 40 years to life imprisonment
92. Reclusion Temporal – 12 years and 1day to 20 years
93. Redress (Compensation) of a Wrong Act - Retaliation (Personal Vengeance) – the earliest remedy
for a wrong act in primitive society. It involves personal revenge by the victim’s family or tribe
against the family or tribe of the offender, hence “blood feuds”.
94. Sir Walter Crofton – he was the Director of the Irish Prisons in 1854 who introduced the Irish
system which was later called the progressive stage system. The Irish system was actually a
modification of Macanochie’s work system and consisted of four stages.
95. Social Degradation – uttering insulting words or languages on the part of prison staff to the
prisoners to degrade or break the confidence of prisoners.
96. Sentenced Prisoners - Committed to the jail or prison in order to serve their sentence after
final conviction by a competent court.
97. Securing Sanctuary – in the13th century, a criminal could avoid punishment by claiming
refugee in church for period of 40days at the end of which time he has compelled to leave
the realm by road or path assigned to him
98. Uniformity – “we treat prisoners alike” or “the fault of one is the fault of all”.
99. William Penn (1614-1718) – He fought for religious freedom and individual rights. He is the first
leader to prescribe imprisonment as a correctional treatment for major offenders. He is also
responsible for the abolition of the death penalty and torture as a form of punishment.
100. Zebulon R. Brockway – he was the Superintendent of the Elmira Reformatory in New
York in 1876 who introduced a new institutional program for boys, 16 to 30 years of age.

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