Samar College inc.

College of Criminal Justice Education

Correctional Administration 2 : Non-Institutional Correction

Lesson 1 : The Criminal Justice System and Non-Institutional Correction

The CRIMINAL JUSTICE SYSTEM is essentially a system or process in a community
through which crimes are investigated and persons suspected of having been taken into custody,
prosecuted in court and punished, if found guilty, with provisions for their correction and rehabilitation.

The Five Pillars of Criminal Justice System:

1. Law Enforcement
Is responsible for apprehending law violators. It enforces the law with due diligence and
justice for public interest.
2. Prosecution Pillar
Determines whether or not there is a probable cause that a crime was indeed committed.

3. Court Pillar
Has the jurisdiction to try the case and determine responsibility to determine whether or
not there is proof beyond reasonable
4. Correction Pillar
undertakes the information and rehabilitation of offenders for their eventual
absorption into the social and economic streams of the community, through institutional
or community-based programs.
5. Community
the Community Pillar cannot be overemphasized. In its own manner, it ideally
participates in two main responsive roles of the CJS: first, that of crime prevention, and
second, that of victim prevention. As for the first, this pillar collectively imposes
limitations on individual behavior of citizens that deter criminality and criminal behavior
for the common good of civilized and democratic society

NON-INSTITUTIONAL CORRECTION also called Community Based Correction these are programs
that help in the reintegration of the offenders. Community-Based Correction is an effective method of
accomplishing the changes in the behavior of the offender by helping him to become a law-abiding
citizen.
These Programs such as diversion, restitution, probation, parole, pardon, and various provisions
for temporary release from prison or jail are included in the Community Based Corrections being
implemented by the corrections pillar of our criminal justice system.
Non-Institutional Correction’s references is made to the postponement of the execution of the
sentence for an interval of time. It does not revoke the sentence but merely postpones or suspends the
execution of the sentence. While Institutional Correction refers to those people who are placed in security
or correcting facilities. Prison is defined as a place for confinement for the inmates under investigation, or
undergo a trial, or end-up serving a short-term sentence.
A. ADVANTAGES OF COMMUNITY-BASED CORRECTION PROGRAMS
The idea behind non-institutional correction programs is that most convicts can be effectively held
accountable for their crimes at the same timethat they can fulfill legitimate living standards in the
community. Most convicts do not pose an imminent danger to themselves or to others and can therrefore
remain in the community to maintain relationships. Some Advantages of Non-Institutional Corrections
are:
  Compared to jail and prison, most community programs cost less. Offenders live at home and and
help reduce the costs of living in a small number of residential programs where the offender
elives in the facility.
 Community-Based Corrections Programs do not expose convicts to the subculture of violence
existing in jails and prisons. Community corrections programs avoid exposing offenders to jail
and prison conditions that may be unsafe and at times even violent.
 Strengthening family ties through avoidance of broken family relationships. The treatment and
rehabilitation of convicted offender is done outside the institutional facilities. Family members
will not suffer broken family due to imprisonment of one of its member.
 Rehabilitation can be more effective with the help of the members of the community.
 It is more economical than institutional-based correction on the part of the government.
B. DISADVANTAGES OF COMMUNITY CORRECTION PROGRAMS
Perhaps the most prominent advantage of community corrections can also be its greatest
disadvantage. Criminal liability may be partially or totally extinguished. Another disadvantage is that
public safety may be compromised. Offenders are more easily able to continue criminal behavior than if
they were confined in jail or prison. With funding going to jails and prisons resources have not kept pace
with community corrections growth.

Lesson 2 :History of Probation:

Probation
Probation is a judicial disposition after which the defendant after conviction and sentence is
released, subject to the condition imposed by the court and the supervision of the probation officer. It is
said to have originated in England ion the year 1841.

Matthew Davenport Hill (Father of Probation in England)

An English magistrate practiced his methods which includes suspending judgement and realizing
the convicts in his own recognizance with a pledge not to commit any crimes.
John Augustus (Father of Probation)
A shoe maker from Boston, Massachusetts, USA started the rudimentary form of probation. His
methods of providing bail for temporary suspension or postponement of sentence during which he offered
assistance by way of council, finding homes, securing employment and helping the offenders homes,
securing employment and helping the offenders solve their family difficulties in adjustment.
John Augustus coined the word Probation which he derived from the Latin word “probare”
which means “to Prove “ .
HISTORICAL ACCOUNT OF PROBATION in the Philippines

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 7 August 1935. This
law created a Probation Office under the Department of Justice. On November 16, 1937, after barely two
years of existence, the Supreme Court of the Philippines declared the Probation Law unconstitutional
because of some defects in the law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress by Congressman Teodulo Natividad and
Congressman RAMON BAGATSING, which would establish a probation system in the Philippines. This
bill avoided the objectionable features of Act 4221 that struck down the 1935 law as unconstitutional. The
bill was passed by the House of Representatives, but was pending in the Senate when Martial Law was
declared and Congress was abolished.

In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18
technical hearings over a period of six months, the draft decree was presented to a selected group of 369
jurists, penologists, civic leaders and social and behavioral scientists and practitioners. The group
overwhelmingly indorsed the establishment of an Adult Probation System in the country.

On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976,
was signed into Law by President FERDINAND E. MARCOS of the Philippines.

The operationalization of the probation system in 1976-1977 was a massive undertaking during
which all judges and prosecutors nationwide were trained in probation methods and procedures;
administrative and procedural manuals were developed; probation officers recruited and trained, and the
central agency and probation field offices organized throughout the country. Fifteen selected probation
officers were sent to U.S.A. for orientation and training in probation administration. Upon their return,
they were assigned to train the newly recruited probation officers.

The probation system started to operate on 3 January 1978. As more probation officers were
recruited and trained, more field offices were opened. There are at present 204 field offices spread all
over the country, supervised by 15 regional offices
Lesson 3: History of Parole
Parole is derived from the French concept of “parole d’ honneur “and is used in the sense of
“word of Honor “and that he would abide by the terms of his conditional release.
It is a procedure by which prisoners are selected for release on the basis of individual response
and progress with in the correctional institution and service by which they are provided with necessary
control and guidance as they serve the remainder or their sentence within the community.
parole as a penal practice is part of the reformatory ideas which originated as a result of the call
for reforms on how prisoners were treated during the dark ages in Europe.
In the 19th century, two prisons administrator in Europe contributed to the development of parole,
namely Colonel Manuel Montesinos of Spain and George Michael Obermaier of Munich, Montesinos
encouraged vocational training while Obermaier set up industrial shops in his prison and assigned trusted
prisoners as their superintendents.
In 1840, Captain Alexander Maconochie who served as the penal superintendent at North Island
Colony in Australia introduced the use of “ticket-of-leave or conditional release, an equivalent to parole
“
Elmira Reformatory in New York – one of the forerunners of parole in the United States.
“Hulks” – Converted merchant ship to a floating prison, that are moored in the Thames River.

Names to Remember in the history of Parole

1. Captain James Cook
Pioneered the exploration of New Zealand and East Australia. He instituted the idea of
establishing a penal colony in the area which he had colonized.
2. Captain Arthur Philip
Stablished the First penal colony in Australia. He was a commander of a fleet of 11 ships
with 2 escorting warships that set sail in 1787 from Spithead, England with load of
expatriated convicts. He landed in Botany Bay, Australia on January 18, 1788 with a load
of 552 males and 192 female convicts.
3. Capt. Alexander Maconochie
Initiated the “Mark System “
4. Sir Walter Crafton
Remedied and perfected the failure drawbacks of the MARK SYSTEM when he was
appointed director of the Irish Prison System in 1854. During the period of 1854 to
1862 , developed further the idea of parole and gave way for American prison reforms to
enter into the system.
 5. Dr, Samuel Gridley Howe of Boston -
The first man to use the Word “parole”. He used the term in a letter to the Prison
Association of New York in 1869.

a. Elmira Reformatory in the New York – the forerunner of Parole in the United
States. the Elmira Reformatory sought to rehabilitate first time youth offenders
between the rage of 16 -30.
6. Zebulon R. Brockway
Frist superintendent of Elmira Reformatory, he compulsorily developed parole which
soon spread to other state in the United States of America.
Two Pertinent System in the History of Parole :
1. The key components of the system which Macanochie introduced in the penal colony at Norfolk
Island were basically 2 :

a. “MARK SYSSTEM” – a convict could make a way out of confinement by industry and
conduct

b. A FIVE-STAGE SYSTEM - LEASDING to conditional liberty

1. Rigid discipline and absolute confinement

2. Work on government chain gang
3. Limited freedom within prescribed area
4. A ticket of leave or conditional pardon
5. Total freedom
2. Three- Stage system known as the “intermediate Prison “ by sir Walter Crafton
Stages of intermediate Prison

a. Strick imprisonment -12 months of solitary confinement

b. Intermediate imprisonment – work in association with other convicts, chiefly in outdoor labor
or public works.
c. Ticket of Leave or conditional Pardon p – conditional release for a period of remission
earned by hard labor and good conduct that was always subject to revocation
3. “Irish System” this was guided by the principle of “individualization of Treatment”
4. Elmira Reformatory – established a link between the community-based program and the
penal institution. It is the forerunner of modern penology.
History of Parole in the Philippines
Republic Act No. 4103 – otherwise known as the “indeterminate Sentence Law
“(promulgated on December 5, 1933)
In view of Act No. 4013, the board of Indeterminate Sentence was created. in the view of
executive order 83, series of 1937, the board of indeterminate sentence was change to Board of
Pardon and Serves as the administrative arm of the President to grant executive clemency.
thereafter, E.O. 94, the organizational act of 1947, was signed and changed finally the Board of
Pardons to the Board of Pardons and Parole.

Lesson 4: HISTORICAL ACCOUNT OF AMNESTY

Amnesty International was founded in 1961 by Peter Benenson, a British lawyer. It was
originally his intention to launch an appeal in Britain with the aim of obtaining an amnesty for prisoners
of conscience all over the world. The committee working for this cause soon found that a detailed
documentation of this category of prisoners would be needed. Gradually they realized that the work
would have to be carried out on a more permanent basis; the number of prisoners of conscience was
enormous and they were to be found in every part of the world.
 Amnesty International is a world-embracing movement working for the protection of human
rights. It is independent of all governments and is neutral in its relation to political groups, ideologies and
religious dividing lines. The movement works for the release of women and men who have been arrested
for their convictions, the color of their skin, their ethnic origin or their faith – provided that they have not
themselves used force or exhorted others to resort to violence. It is this category of prisoners that
Amnesty International calls “prisoners of conscience”. The movement proclaimed 1977 “Prisoners of
Conscience Year” and collected signatures for an appeal addressed to the General Assembly of the United
Nations.
Amnesty International was a British organization, but in 1963 an international secretariat was
established. Seán Mac Bride – later awarded the Nobel peace prize – became chairman of the
organization in 1963, at a time when Amnesty International was rapidly expanding. Ten years after its
foundation the organization comprised more than 1000 voluntary groups in 28 countries and the figures
are steadily rising. In February this year (1977) there were 1874 groups in 33 countries. The present
chairman of Amnesty International is the Swede Thomas Hammarberg.
In addition to its work for the prisoners of conscience – “the forgotten prisoners” – Amnesty
International has also carried on campaigns against torture and ill-treatment as well as – in recent years –
against capital punishment. In the statutes adopted by the organization in 1974 these three tasks are
named as the most important ones for Amnesty International.

Lesson 5: HISTORICAL ACCOUNT OF PARDON

The exercise of the pardoning power has always been vested in the hands of the executive branch
of the government, whether King, Queen, President or Governor. Pardon dates back to the pre-Christian
era. in fact the bible contains an illusion where a criminal was released and pardoned by the King at the
time Christ was crucified.
In England, pardon was developed out of the conflict between the King and the Nobles who threatened
their powers. Pardon was applied to members of the Royal family who committed crimes, and
occasionally to those convicted of offenses against the royal power. It was the general view that the
pardoning power was the exclusive prerogative of the King. In England today the power to extend pardon
is vested in the Queen upon advice of the Minister of the Interior.
In the United States, pardoning among the early American colonists was a carry-over of the
English practice. The pardoning power was exercised by the Royal governor through the power delegated
by the King. After the declaration of Independence, the Federal and state constitutions vested the
pardoning power on the President of the United States and the Governor in federal and state cases,
respectively.
In the Philippines, the pardoning power is vested in the Prime Minister by Article IX, Section14
of the Philippine Constitution which states:
“The Prime Minister shall have the power to grant reprieves, commutations, and pardons, and remit fine
and forfeitures, after convictions for all offenses, except cases of impeachment, upon such conditions and
with such restrictions and limitations as he may deem proper to impose. He shall have the power to grant
amnesty with the concurrence of the Congress. “