CRI 180: Non-Institutional Corrections

Student Activity Sheet #17

Name: ________________________________________________________ Class number: _______

Section:________________________Schedule: ____________________ Date:________________
_

Lesson title: Social and Political Justifications for early Materials:

discharge or early release of PDLs via Amnesty, Absolute Student Activity Sheets
Pardon, Conditional Pardon, Parole, Commutation of Sentence, References:
Allowance for Good Conduct, and Probation. Handbook on Non-Institutional
Corrections by Linnet Dolinen-
Lesson Objectives: At the end of this module, you should be able Gahar
to- https://www.unodc.org/pdf/criminal
1. Identify and discuss the Social and Political Justifications for _justice/Handbook_of_Basic_Princi
early discharge or early release of PDLs via Amnesty, ples_and_Promising_Practices_on
Absolute Pardon, Conditional Pardon, Parole, Commutation _Alternatives_to_Imprisonment.pdf
of Sentence, Allowance for Good Conduct, and Probation.

"Success is not final; failure is not fatal: It is the courage to continue

A. LESSON PREVIEW/REVIEW

Introduction (2 mins)
Good day dear students! Welcome to our session for today. Now we will tackle the Social and
Political Justifications for early discharge or early release of PDLs via Amnesty, Absolute Pardon,
Conditional Pardon, Parole, Commutation of Sentence, Allowance for Good Conduct, and Probation.
To begin with, read first the learning objective since this will be your guide in finishing this module.

B. MAIN LESSON

Activity 2: Content Notes (13 mins)

Social and Political Justifications for early discharge or early release of PDLs via Amnesty, Absolute
Pardon, Conditional Pardon, Parole, Commutation of Sentence, Allowance for Good Conduct, and
Probation.

Person Deprived of Liberty (PDL) – refers to a detainee, inmate, or prisoner, or other person
under confinement or custody in any other manner. However, in order to prevent labeling, branding or
shaming by the use of these or other derogatory words, the term “prisoner” has been replaced by this new and
neutral phrase “person deprived of liberty” under Article 10, of International Covenant on Civil and Political
Rights (ICCPR), who “shall be treated with humanity and with respect for the inherent dignity of the human
person.”

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 CRI 180: Non-Institutional Corrections
Student Activity Sheet #17

Name: ________________________________________________________ Class number: _______

Section:________________________Schedule: ____________________ Date:________________
_

Why consider alternatives to imprisonment?

Prisons are found in every country of the world. Policy-makers and administrators may therefore simply
come to regard them as a given and not try actively to find alternatives to them. Yet imprisonment should not
be taken for granted as the natural form of punishment. In many countries the use of imprisonment as a form of
punishment is relatively recent. It may be alien to local cultural traditions that for millennia have relied on
alternative ways of dealing with crime. Further, imprisonment has been shown to be counterproductive in the
rehabilitation and reintegration of those charged with minor crimes, as well as for certain vulnerable
populations.

Yet, in practice, the overall use of imprisonment is rising throughout the world, while there is little
evidence that its increasing use is improving public safety. There are now more than nine million prisoners
worldwide and that number is growing. The reality is that the growing numbers of prisoners are leading to often
severe overcrowding in prisons. This is resulting in prison conditions that breach United Nations and other
standards that require that all prisoners be treated with respect due to their inherent dignity and value as
human beings.

Imprisonment and human rights

Individual liberty is one of the most fundamental of human rights, recognized in international human
rights instruments and national constitutions throughout the world. In order to take that right away, even
temporarily, governments have a duty to justify the use of imprisonment as necessary to achieve an important
societal objective for which there are no less restrictive means with which the objective can be achieved.

The loss of liberty that results from imprisonment is inevitable but, in practice, imprisonment regularly
impinges several other human rights as well. In many countries of the world, prisoners are deprived of basic
amenities of life. They are often held in grossly overcrowded conditions, poorly clothed and underfed. They are
particularly vulnerable to disease and yet are given poor medical treatment. They find it difficult to keep in
contact with their children and other family members. Such conditions may literally place the lives of prisoners
at risk.

Increasingly, human rights courts and tribunals have recognized that subjecting prisoners to such
conditions denies their human dignity. Such conditions have been held to be inhuman and degrading. All too
often, the majority of these prisoners may be low-level offenders, many of whom may be awaiting trial, who
could be dealt with using appropriate alternatives instead of being imprisoned. Implementing effective
alternatives to imprisonment will reduce overcrowding and make it easier to manage prisons in a way that will
allow states to meet their basic obligations to the prisoners in their care.

FORMS OF EARLY RELEASE

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 CRI 180: Non-Institutional Corrections
Student Activity Sheet #17

Name: ________________________________________________________ Class number: _______

Section:________________________Schedule: ____________________ Date:________________
_

Most countries in the world have mechanisms in place that allow prisoners to be released before they
have completed their full prison terms, but these are not always conceived of as alternatives to imprisonment.
Some forms of early release, such as parole, are often not used in developing countries because of a lack of
resources. A strategy to develop such alternatives must seek to incorporate such mechanisms, for early
release potentially has considerable practical importance in reducing prison numbers and in ensuring that
imprisonment is used as sparingly as possible. Care must be taken, however, to ensure that power to grant
early release is not abused.

Early release can take a number of forms. These vary from measures that range from relaxations of the
prison regime that allow the prisoner a limited amount of access to free society through conditional release in
the community to early unconditional release. Only conditional release in the community is genuinely a matter
of putting something in place of imprisonment, but all these strategies are relevant to the wider objective of
reducing the use of imprisonment. The Tokyo Rules also adopt a wide-ranging approach to this issue. The
official Commentary on the Tokyo Rules observes that the Rules relating to the post-sentencing stage deal
with “measures to reduce the length of prison sentences or to offer alternatives to enforcing prison sentences.”

Rule 9.2 lists “post-sentencing dispositions” that should be available to achieve these objectives. They
are: Furlough and halfway houses; Work or education release; Various forms of parole; Remission; and
Pardon. Strictly speaking, the first two of these are not fully alternatives to imprisonment. Prisoners who are
granted furloughs, that is, short periods of leave from prison in the course of terms of imprisonment, or who live
in halfway houses before being released into the community, remain prisoners in terms of the law and subject
to the rules of prison discipline. Similarly, prisoners who are temporarily allowed out of prison to work or for
educational purposes do not lose their “prisoner” status. These dispositions are still of value in allowing
prisoners to improve themselves and in easing their transition back to the community. See the box below for an
example of prisoners living in open prisons.

Early release on compassionate grounds

An established system of early release provides the prison system with alternatives for dealing with
offenders who may be particularly vulnerable to the rigors of imprisonment, a vulnerability that may emerge
after initial sentencing.

The terminally ill are a category of prisoner for whom early release would be considered appropriate, if
not automatic. Some criminal justice systems have special procedures to consider accelerated parole for the
terminally ill; others might make use of special pardons. Once it is established that these inmates have no
hope of recovery, the criminal justice system should release them without delay and make arrangements for
their continued medical treatment in the community. As they are highly unlikely to re-offend, courts generally
need not set strict conditions governing their release. The box entitled “Terminally ill prisoners targeted for
early release” highlights a practical example of guidelines for the early release of the terminally ill.

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 CRI 180: Non-Institutional Corrections
Student Activity Sheet #17

Name: ________________________________________________________ Class number: _______

Section:________________________Schedule: ____________________ Date:________________
_

Criminal justice systems should also consider releasing the very elderly on compassionate grounds,
even if they are not terminally ill. Prisons are not suitable institutions for old people. A practical difficulty is that
the elderly may not have a ready-made support network when they return to society. The criminal justice
system should therefore pay particular attention to finding them appropriate accommodation on release.

Keeping children out of the criminal justice system

The Beijing Rules make it quite clear that the institutionalization of children should be avoided. Apart
from human rights concerns, it is often counterproductive as a measure to re-educate children. The Rules list
various dispositions that can be applied to children. However, they also emphasize “care, guidance and
supervision orders” as well as “orders concerning foster care, living communities or other educational settings”.
These dispositions underline the particular importance of welfare-oriented alternatives to sentences of
imprisonment in the case of children.

Authorities can relatively easily justify the early release of children, and young offenders generally, on
the basis that they deserve another opportunity to live a crime-free life in the community. They may apply
general amnesties, for example, in the case of children without too much public outcry. The Beijing Rules
provide specifically that “conditional release from an institution shall be used by the appropriate authority to the
greatest possible extent and shall be granted at the earliest possible time”. Children who are released must be
prepared adequately for life outside prison. Both the state authorities and the wider community should provide
them with support.

Activity 3: Skill-building Activities

Read and understand the question below and write your answer in the space provided.

Based in the concept notes, write the

justifications of early release and discharge of the
person who committed a crime via Amnesty,
Absolute Pardon, Conditional Pardon, Parole,
Commutation of Sentence, Allowance for Good
Conduct, and Probation

“Check your answers against the Key to Corrections found at the end of this SAS. Write your score on
your paper.”}

Activity 5: Check for Understanding (5 mins)

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 CRI 180: Non-Institutional Corrections
Student Activity Sheet #17

Name: ________________________________________________________ Class number: _______

Section:________________________Schedule: ____________________ Date:________________
_

To further check your understanding about our lesson today kindly answer the questions below.

1. In case you are a victim of crime, are you in Answer

favor in the early discharge or early release of
the person who committed a crime via Amnesty,
Absolute Pardon, Conditional Pardon, Parole,
Commutation of Sentence, Allowance for Good
Conduct, and Probation? Explain your answer

2. In your own opinion, do you think early

discharge or early release of PDLs via Amnesty,
Absolute Pardon, Conditional Pardon, Parole,
Commutation of Sentence, Allowance for Good
Conduct, and Probation contributes in crime
prevention in our country?

“Check your answers against the Key to Corrections found at the end of this SAS. Write your score on
your paper.”

C. LESSON WRAP-UP

Activity 6: Thinking about Learning (5 mins)

A. Work Tracker
You are done with this session! Let’s track your progress. Shade the session number you just
completed.
{*Teacher directs the student to mark their place in the work tracker which is simply a visual to help
students track how much work they have accomplished and how much work there is left to do.}

B. Think about your Learning

Before we end this lesson, do you have any questions or clarifications as regards to the topic or
to the discussions?

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 CRI 180: Non-Institutional Corrections
Student Activity Sheet #17

Name: ________________________________________________________ Class number: _______

Section:________________________Schedule: ____________________ Date:________________
_

FAQs
1. What are the Tokyo Rules?
Answer: The United Nations Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules)
were first discussed at the Seventh Congress on Crime Prevention and Criminal Justice and were later
adopted by the General Assembly (resolution 45/110 of 14 December 1990). The Rules present a set
of recommendations that take into account the views of legal scholars, experts in the field and
practitioners. They emphasize that imprisonment should be considered a last resort and encourage the
promotion of non-custodial measures with due regard to an equilibrium between the rights of individual
offenders, the rights of the victims and the concern of society. The Rules set forth a wide range of non-
custodial measures at various stages of criminal procedures. They also contain rules on
implementation of non-custodial measures, staff recruitment and training, involvement of the public and
of volunteers, research, planning, policy formulation and evaluation, thus providing a comprehensive
set of rules to enhance alternative measures to imprisonment.

KEY TO CORRECTIONS

Activity 3 and 5

Rubrics for essay

Criteria Points

Doesn’t respond to the question, the answer has no connection with the question 1

The answer has apparent point 3

The answer is very substantial, writing is clear, logical and very organized. 5

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