Finaloutput CA2

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De Vera, Ronnel G.

BSC ALPHA
“FINAL OUTPUT”

DEFINITION OF TERMS/CONSTABULARY WORDS IN


INSTITUTIONAL AND NON-INSTITUTIONAL CORRECTION

Definition of Terms:

Abreaction – intense emotional feelings.


Accessory Penalties – those that are deemed included in the imposition of the principal
penalties.
Admission Summary – it is a written compilation made by the staff regarding their findings on
the prisoner.

Adversarial Process – a system of determining guilt in which the state must prove its case
against a defendant
who is defended by an advocate.

Affliction – distress of mind or body; that which causes continuing anguish or suffering.

Anal Stage – sensual gratification shifts to the excretory function and the control of the
sphincter muscles. According to Freud the sexual gratification, is focused on the elimination of
body wastes it occurs on the second and third year of life of an individual.

Asocial Aggressive – this is the commanding individual who responds with open hostility or
physical or verbal aggression when frustrated.

Asocial Passive – this individual pouts and sulks and reacts with passivity complaining or
withdrawing when
frustrated.

Atavism – it is the reversion of man to his ape like ancestors and states that an individual could
be born with criminal predispositions.

Aversive Therapy – the coupling of a previously desirable stimulus with an extremely painful or
undesirable
conditioned response, as coupling alcohol with chemically induced vomiting.

Bail – monetary amount for or condition of pre-trial release from custody of law. Or a money
payment in return for
which a defendant is given freedom pending trial or appeal.
Bail Bond – it is a multi party contract involving the state, the accused will appear in
subsequent proceedings.

Baroning – a process by which a prison inmate obtains wealth, influence and power by means of
selling tobacco.

Benefit of Clergy – from the 13th to 19th centuries, clemency shown to clergy guilty of crimes
and extended eventually to any offender who could read.

Bifurcated Process – the separation of the guilt determination process from the sentence-
determination process in
the criminal court system.

Big School – slang for penitentiary.

Black Maria – a van used to transport prisoners, Paddly-wagon.

Casework – in correctional work includes the professional services rendered by professionally


trained personnel in
the description and social treatment of offenders.

Change Agent – a person or group responsible for helping a client to undertake planned changes
in behavior
situation. Often a professional, outside consultants.

Close Confinement – for those incorrigible prisoners when lighter punishment has been proven
to be ineffectual the use of bartolina or solitary confinement is justified when foreseen
danger to the convict or others apparent.

Compurgation – an early practice whereby the accused swears an oath of innocence backed-up
by a group of
oath helpers who would attest to his character and claim of innocence.

Contagion – a condition in which prison inmates kept together without any attempt to divide
them the involvement
with crime, would transmit to each other means and techniques to commit further crimes once
outside of prison.

Courtesy Investigation – investigation conducted by another probation officer in behalf of the


probation officer on
case of the petitioner.

Cultural Conformist – this is juvenile who identifies strongly with his delinquent peers and who
considers himself
tough.

Cultural Identifier – responds to identification with a deviant value system by living out his
delinquent beliefs.

Cultural Shock – a psychological and social disruption experienced by a person suddenly placed
in an unfamiliar
culture.

Cummulative Case Summary – starts from the admission report of individual inmates to his
behavior and response to treatment programs and serves as the basis in granting parole.

Curfew – imposition on people the obligation to remove themselves from the streets on or
before a certain time of night.

Dark Figure – the number of crimes committed that are unreported to police.

Definite Sentence – a sentence to prison for which the date of release is known on the day
that the sentence is rendered

Desensitization – the process of removing the anxiety inducing qualities of a feared object or
situation.

Diversification – penal system’s implementation of segregation.

Domain Conflict – conflicts over resources, mission, responsibilities, or markets among several
organizations.

Ex Gratia – state is acting and out of its benevolence.

Existentialism – is a philosophy that emphasizes that importance of mans existence and self-
determinative faculty
and the meaning that life has for him.

Flat Term – prison term which there is no discretionary release date. Similar to definite
sentence.

Furlough – temporary release from jail or prison. Typically for a day, weekend, or holiday or for
special visits such as a job test or interview or family crises, often part of a prerelease
program.

Gate Fever – the feeling of an immediate release from the penitentiary and the feeling of
uncertainty in the part of
the suppose parolee at the ebb of his release to the community.
Gemeinschaft Pattern – is characterized by persons of homogeneous attributes similar to
those providing for
mechanical solidarity.

Gesellshaft Configuration – is characterized by persons having heterogeneous attributes,


interact with each othe in an impersonal manner and do not associate the welfare of the group
with their own.

Golden Age of Penology – the period covering 1870 to 1880 was regarded as Golden Age of
Penology.

The highlights of the said period were as follows:

- the organization of the National Prison Association last 1870, now


referred to as American Correctional Association; the International Prison Congress was held
in 1872.

- It serves as a forum attended by representatives from different countries wherein


improvement to prison systems were tackled in the assemble every 5 years; In 1876 the Elmira
Reformatory was established which was considered the forerunner in modern penology; and in
Indiana, Massachusetts USA the first separate was established.

Greyhound Operations – a method in searching the prisoner for possession of contrabands


inside the prisoner
cells and compound.

Idleness – the most persistent problem in almost all prison facilities which contribute to
failure of the reformation
programs.

I- Level Theory – hypothesis which associates types of deviance and types of control with
stages in the life cycle.

Indefinite Sentence – is a sentence to prison in which release date is under the discretionary
control of a release
board.

Indeterminate Sentence – a sentence of imprisonment for the maximum period define by law
subject to the termination by the parole board at anytime after service of the minimum period.
It is one with minimum and
maximum periods of imprisonment.

Indictment – formal charging of a defendant by a grand jury.


Judean Christian Theory – emphasized that punishment has a redemptive purpose.

Kangaroo Courts – existence of other discredited methods of discipline.

Labeling Theory – a theory originating with Howard Becker that emphasized the self-fulfilling
prophecy in deviance
processing that deviants behave in accordance with the labels they are given in the judgmental
process.

M’naghten Case – basis for exempting law violators from their criminal liability by reason of
insanity.

Mandatory Release – a release from prison required by statute where an inmate has been
confined for a time
period equal to his or her full sentence.

Manipulative Technique – are ways of helping the parolee by altering his environmental
conditions go as to being out satisfactory social adjustment in the individual.

Medium Supervision – given to probationer’s needing moderate attention and requiring twice a
month office
reporting. Use yellow plan card tab.

Minimum Supervision – probationer’s needing minimal attention and requiring not more than
once a month office
reporting. Use green plan card.

Negative Reinforcement – the employment of a negative stimulus (such as punishment or


removal of reward) for undesirable behavior rather than rewarding desired behavior.

Ordeal – bases on the principle of divine intervention it is a method of determining guilt with
the belief that innocent
persons would be protected from harm.

Pacta Sunt Servanda – a pact must be observed a treaty must be honored.


Parum Est Coerce Improbos Poena Nici

Probos Efficias Discipline – it is insufficient to restrain the wicked by


punishing unless you render them virtuous by corrective discipline.

Passive Agent – a term used by Glaser to represent parole officers who have a low emphasis on
both assistance
and control of parolees.
Pecuniary Liabilities – it consists of the reparation of the damage caused, indemnification of
the consequential
damages, fine and cost of proceedings; imposed upon persons who are criminally liable.

Penal Management - Refers to the manner or practice of managing or controlling places of


confinement as in jails
or prisons.

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 Latin word “POENA” which means pain or suffering.

• Penology is 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.

• Penology has stood in the past and, for the most part, still stands for the policy of inflicting
punishment on the offender as a consequence of his wrongdoing.

Positive Discipline – includes the work “discipline” in you, it is not basically punitive.
Proselytizing – to convert or induce another to change his religious belief, sect or the like to
another.

RA 10575 – the New BUCOR Act of 2013

RA 6981 – Witness Protection Program Act

RA 7438 – Defines the rights of the accused under custodial investigation.

RA 7659 – Act re-imposing the death penalty.

Recognizance – is a legal device deeply embedded in English Law originated as measures of


preventive justice and as such it consist obliging persons. It is a mechanism whereby a person
accused of crime may be released on his own strength pending trial of his case or on the
assurance of a reputable person in the community that he
will appear if called during the trial to testify.

Regression – refers to the process that entails a simplification of behavior which may
contribute harm inflicted upon oneself or render one vulnerable to others.
Restorative Justice – refers to humanistic and non-punitive means to restore social harmony
and correct wrongful
acts.

Retaliatory Retribution – refers to the intentional infliction of an appropriate amount of


suffering on a competent
individual who has breached some code.

Retreatism – describes many violent crimes in which offenders have replaced normal ideas of
success with
demonstration of individual toughness or powers.

Se Defendendo – established the legal status of the crime with which the offender will be
charged although there is
no explicit reference to the individual.

Split Sentence Law – mandated that offenders as punishment would have serve a portion of
their sentence in
institutions and thereby released to undergo probation.

Status Passage – transition from one social status to another, as from defendant to convict or
inmate to parolee.

Stigma – refers to labeling, mark or brand.

Sublime – to make the punishment fit the crime.

DECISION – is the judgment rendered by a court of justice or competent tribunal after


presentation of the respective positions of the parties in an ordinary or criminal case or upon
which the disposition of the case is
based.

CONVICTION – is the judgment of a court based on the verdict of a judicial officer or judge,
that the accused is
guilty of the offense in which he/she was charge.

SENTENCE – is the penalty imposed by the court upon a person convicted of a crime.

ACQUITTAL – is a judgment of the court based on the verdict or decision of the judge, that
the defendant is not
guilty of the charge against him.

PUNISHMENT – it is the redress that the state takes against an offender where it signifies
pain suffering, or
curtailment of its freedom.

PENALTY – is the suffering that is inflicted by the state for the transgression of 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 .

• GAOLS - (Jails) – pretrial detention facilities operated by English Sheriff.

• Galleys – 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 – decrepit transport, former warships used to house prisoners in the 18th and 19th
century. These were
abandoned warships converted into prisons as means of relieving congestion of prisoners. They
were also called “floating hells”

The Primary Schools of Penology

1. The Classical School – it maintains the “doctrine of psychological hedonism” or “free will”.
That the individual
calculates pleasures and pains in advance of action and regulates his conduct by the result of
his calculations.

2. The Neo-classical School – it maintained that while the classical doctrine is correct in
general, it should be modified in certain details. Since children and lunatics cannot calculate
the differences of pleasures from pain, they should not be regarded as criminals, hence they
should be free from punishment.
3. The Positivist/Italian School – the school that denied individual responsibility and reflected
non-punitive reactions to crime and criminality. It adheres that crimes, as any other act, is a
natural phenomenon. Criminals
are considered as sick individuals who need to be treated by treatment programs rather than
punitive actions against them.

 Mittimus – is a warrant issued by a court directing the jail or prison authorities to receive
the convicted offender
for the service of sentence imposed therein or for detention

 Security – It involves safety measures to maintain the orderliness and discipline with in the
jail or prison.

 Prison Discipline – is the state of good order and behavior. It includes maintenance of good
standards of
works, sanitation, safety, education, health and recreation. It aims at self-reliance, self
control, self respect and
self discipline.

 Preventive Discipline – is the prompt correction of minor deviations committed by prisoners


before they become serious violations.

 Control – It involves supervision of prisoners to ensure punctual and orderly movement from
one place work program or assignment to another.

 Custody – is the guarding or penal safekeeping, it involves security measures to insure


security and control with in the prison. The Prison Custodial Division carries it out.

PROBATION – It is a disposition whereby a defendant, after conviction of an offense, the


penalty of which does not exceed 6 years of imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of a probation officer.
Probation is a substitute for imprisonment, the probationer is compared to an out-patient, a
sick person who does not need to be hospitalized because his illness is considered less serious.

PAROLE – Parole is the process of suspending the sentence of a convict after having served
the minimum of his sentence without granting him pardon, and prescribing the terms upon
which the sentence shall be suspended.

Pardon – an act of grace extended to prisoners as a matter of right, vested to the Chief
Executive (The President) as a matter of power.

Two Kinds of Pardon

a. Conditional Pardon – a pardon given with requirements attached.


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

CONDITIONAL PARDON - Conditional pardon serves the purpose of releasing, through


executive clemency, a prisoner who is already reformed or rehabilitated but who can not be
paroled because the parole law does not
apply to him.Can the Offended Party grant Pardon?

- Yes, the offended party can grants pardon.

Commutation – an act of the president changing/ reducing a heavier sentence to a lighter one
or a longer term into a shorter term. It may alter death sentence to life sentence or life
sentence to a term of years. It does not forgive the offender but merely to reduce the
penalty pronounced by the court.

• Reprieve – a temporary stay of the execution of sentence especially the execution of the
Death Sentence. Generally, reprieve is extended to prisoners sentenced to death. The date of
execution of sentenced is set back several days to enable the Chief to study the petition of
the condemned man for commutation of sentenced or
pardon.

Amnesty – a general pardon extended to a class of persons or community who may be guilty of
political offenses. It may be exercised even before trial or investigation. It looks backward
and puts into oblivion the
crime that has been committed. It is proclamated by the President with the concurrence of
congress.

Good Conduct Time Allowance (GCTA)

Good conduct time allowance is a privilege granted to a prisoner that shall entitle him to a
deduction of his term of imprisonment.
Under Art.97, RPC, as Amended by RA 10575, the good conduct of any prisoner in any penal
institution shall entitle him to the following deduction from the period of his sentence:

1. During the first two years of his imprisonment, he shall be allowed a deduction of 20 days
for each month of good
behavior.

2. During the third to the fifth years of his imprisonment, he shall be allowed a deduction of
23 days each month of
good behavior.

3. During the following years until the tenth years of his imprisonment, he shall be allowed a
deduction of 25 days
each month of good behavior.

4. During the eleventh and the successive years of his imprisonment, he shall be allowed a
deduction of 30 days
each month of good behavior.

5. At any time during the period of imprisonment, he shall be allowed another deduction of
fifteen days, in addition
to numbers one to four hereof, for each month of study, teaching or monitoring service time
rendered.

“An appeal by the accused shall not deprive him of entitlement to the above allowances for
good conduct.”

Who grants good conduct time allowance?


Ans.
- Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the
BJMP and/or Warden of provincial, district, municipal or city jail shall grant allowances for
good conduct. Such allowances once granted
shall not be revoked.

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