INSTITUTION

AL
CORRECTION
MODULE 1
LEARNING OBJECTIVES
 After studying this module, the students
should be able to;
 Understand the history of imprisonment
and development of prison system.
 Differentiate the Auburn from the
Pennsylvania Prison System.
 Analyze the different forms of
punishments.
 Understand the age of enlightenment.
HISTORY, PHILOSOPHY AND
OBJECTIVES OF PRISONS
Important Dates and Events in the History of Corrections:

 13th Century – Securing Sanctuary

 In the 13th C, a criminal could avoid punishment by
claiming refugee in a church for a period of 40 days
at the end of which time he was compelled to leave
the realm by a road or path assigned to him.

 1468 (England) – Torture as a form of

punishment became prevalent.
HISTORY, PHILOSOPHY AND
OBJECTIVES OF PRISONS
Important Dates and Events in the History of Corrections:
 16th Century – Transportation of criminals in England, was
authorized. At the end of the 16th C, Russia and other European
Countries followed this system. It partially relieved
overcrowding of prisons. Transportation was abandoned in
1835.
 During the 16th up to the 18th century, a criminal may be sent
away from a place carried out by prohibition to coming against
a specified territory. Banishment is an ancient form of
punishment.

 17th C to late 18th C – Death Penalty became prevalent as a

form of punishment.
 THE AGE OF ENLIGHTENMENT
18th Century

Change
Recognize human dignity
Reformation in correctional field
Humane treatment of prisoners with
innovational programs
The Two Rival Prison System in the History of
Correction
The Auburn Prison System
 called the “Congregate System” or “New York
System”
 The prisoners are confined in their own cells
during the night and congregate work in shops
during the day. Complete silence was enforced.
 A prison model where incarcerated persons are
allowed to work outside the institution that
houses them
The Two Rival Prison System in the History of
Correction
 The Auburn Prison System
The Two Rival Prison System in the History of
Correction
 Pennsylvania Prison System
 called “Solitary System”.
 Prisoners are confined in single cells day and
night where they lived, they slept, they ate and
receive religious instructions. Complete Silence
was also enforced. They are required to read
the Bible.
 A prison model which sought penitence (hence
the term penitentiaries) through total
individual isolation and silence.
The Two Rival Prison System in the History of
Correction
 Pennsylvania Prison System
Reasons why Death Penalty became the usual
Punishment during this period and thereafter:

1. Death of outlaws became a “protection for the

English people”. It is because the people during
this period did not totally believe yet in the ability
to a strong police force to combat criminals.
2. People lack confidence in the transportation of
criminals. Goals and Galleys became the center of
corruption and ineffective instruments of
punishment.
3. Doctrine of Crude Intimidation appeared or
seemed to be a logical form of threat in order to
deter or prevent the people from violating the law.
Reasons why Death Penalty became the usual
Punishment during this period and thereafter:

4. The assumption was that, the Ruling Class is tasked

to protect property rights and maintain public
peace and order. The system of maintaining public
order had little consideration or it did not recognize
the social and economic condition of the lower
working class. The lawmakers and enforcers used
death penalty to cover property loss or damage
without further contemplating the value of life of
other people.
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.
GAOLS (Jails) – pretrial detention facilities
operated by English Sheriff.
  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”.
GAOLS (Jails) – pretrial detention facilities
operated by English Sheriff.
 
 Workhouses – it is
known as Bridewells,
which started in 1553
and served as training
schools for delinquent
youths, provided
housing and support
for older and poorer
persons, and detained
vagrants.
Early Codes (Primitive Period)
three main legal systems
 the Roman - has the most lasting and most
pervading influence
 The Roman private law (which include Criminal
Law), has offered the most adequate basic concepts
which sharply define, in concise and inconsistent
terminology, mature rules and a complete system,
logical and firm, tempered with a high sense of
equity. (Coquia, Principles of Roman Law, 1996)
 the Mohammedan or Arabic and
 the Anglo-American Laws
Early Codes (Primitive Period)

1. The Code of King Hammurabi

(Hammurabic Code) Hammurabi
2. Mosaic Code
3. King Ur-Nammu’s Code
4. Justinian Code
5. Burgandian Code
6. Tang Code
Early Codes (Primitive Period)
1. The Code of King Hammurabi
(Hammurabic Code) Hammurabi
 Babylon, about 1990 BC, credited as the
oldest code prescribing savage
punishment, but in fact, Sumerian codes
were nearly one hundred years older.
 Its core principle is known as “lex taliones”
or “an eye for an eye and a tooth for a
tooth.”
Early Codes (Primitive Period)
1. The Code of King Hammurabi
(Hammurabic Code) Hammurabi
 This code has found its
way in the Manama
Dharma of India, the
Hermes Trismegitus of
Egypt and the Mosaic
Code in the Bible
particularly the Book of
Leviticus of the Old
Testament.
Early Codes (Primitive Period)

2. Mosaic Code
 premised on the concept of retribution,
 it also carried restitution because it allows the
offender and the victim to come to a
settlement and to have such settlements
decided by the legal authorities.
Early Codes (Primitive Period)

3. King Ur-Nammu’s Code

 decreed the imposition of restitution and fines
of execution, mutilation or other savage
penalties.
 Offenders can be punished and at the same time the
victims paid by making the offender reimburse the
victim for the value of whatever has been taken or
suffered by him as a result of the crime.
Early Codes (Primitive Period)
4. Justinian Code
 6th C A.D. , Emperor Justinian of Rome wrote
his code of law. An effort to match a desirable
amount of punishment to all possible crimes.
 the law did not survive due to the fall of the Roman
Empire but left a foundation of Western legal codes.
 also known as “The Corpus Juris” (or Iuris) Civilis
("Body of Civil Law") the modern name for a
collection of fundamental works in jurisprudence,
issued from 529 to 534 by order of Justinian I,
Eastern Roman Emperor. It is the standard law in all
the areas occupied by the Roman Empire
particularly in Europe.
Early Codes (Primitive Period)
4. Justinian Code
 6th C A.D. , Emperor Justinian of Rome wrote
his code of law. An effort to match a desirable
amount of punishment to all possible crimes.
 the law did not survive due to the fall of the Roman
Empire but left a foundation of Western legal codes.
 also known as “The Corpus Juris” (or Iuris) Civilis
("Body of Civil Law") the modern name for a
collection of fundamental works in jurisprudence,
issued from 529 to 534 by order of Justinian I,
Eastern Roman Emperor. It is the standard law in all
the areas occupied by the Roman Empire
particularly in Europe.
Early Codes (Primitive Period)
4. Justinian Code
 The Twelve Tables (XII Tabulae) or
Law of the Twelve Tables (Latin:
Legis Duodecim Tabularum or
Duodecim Tabulae), (451-450 BC)
 represented the earliest codification
of Roman law incorporated into the
Justinian Code.
 It is the foundation of all public and
private law of the Romans
 Collection of legal principles
engraved on metal tablets and set
up on the forum.
 It was the legislation that stood at
the foundation of Roman law.
Early Codes (Primitive Period)
4. Justinian Code
 Stated the rights and duties
of the Roman citizen.
 The law had previously
been unwritten and
exclusively interpreted by
upper-class priests, the
pontifices.
 They generally took for
granted such things as the
institutions of the family
and various rituals for
formal transactions.
Early Codes (Primitive Period)
4. Justinian Code
 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, Blood Feuds).
 The Greeks were the first society to allow any
citizen to prosecute the offender in the name
of the injured party.
Early Codes (Primitive Period)
5. The Burgundian Code (500 A.D)
 It is also known as “The Lex Burgundionum”
refers to the law code of the Burgundians,
probably issued by King Gondebaud.

 It is influenced by Roman law and deals with

domestic laws concerning marriage and
inheritance as well as regulating were gild
and other penalties.
Early Codes (Primitive Period)
5. The Burgundian Code (500 A.D)
Early Codes (Primitive Period)
5. The Burgundian Code (500 A.D)
 King Gondebaud
 He specified punishment
according to the social class
of offenders, dividing them
into: nobles, middle class and
lower class and specifying the
value of the life of each
person according to social
status.  
Early Codes (Primitive Period)
5. The Burgundian Code (500 A.D)
 This code introduced the
concept of restitution.
Nobles, middle classes and
lower classes have specified
values on their lives. This law
is intended to govern the
personal relations between
individuals.
Early Codes (Primitive Period)
6. Tang Code
 It is a penal code that was established and used
during the Tang Dynasty in China. The Code
synthesized Legalist and Confucian
interpretations of law. Created in AD 624 and
modified in AD 627 and 637, it was promulgated
in AD 652 with 502 articles in 12 sections and
enhanced with a commentary in 653.
 Considered as one of the greatest
achievements of traditional Chinese law. It is
also the earliest Chinese Code to have been
transmitted to the present in its complete form.
Early Codes (Primitive Period)
6. Tang Code
Tang Code[4]
Section Name

I General definitions and rules

II
Laws relating to passing into or through forbidden places
(imperial palaces, town gates, walls, frontier posts)
III Offences committed by officials in the exercise of their functions
IV Laws concerning peasant families (lands, taxes, marriages)
V Laws related to state stud-farms and storehouses
VI Laws relating to the raising of troops
VII Offences against the person and against property
VIII Offences committed in the course of brawls
IX Forgery and counterfeiting
X Various laws of a special character
XI Laws concerning the apprehension of guilty persons
XII Laws relating to the administration of justice
Early Codes (Primitive Period)
6. Tang Code
Early Codes (Primitive Period)
6. Tang Code
Early Codes (Philippine Setting)
The Philippines is one of the many countries that
came under the influence of the Roman Law.
 Spanish Civil Code - became effective in the
Philippines on December 7, 1889
• the “Conquistadores” and the “Kodigo Penal” (The Revised
Penal Code today, 1930) was introduced by the Spaniards
promulgated by the King of Spain --- these laws adopted the
Roman Law principles (Coquia, Principles of Roman Law,
1996)

 Mostly tribal traditions, customs and practices

influenced laws during the Pre-Spanish Philippines.
Early Codes (Philippine Setting)
Other laws that were written which includes:
 The Code of Kalantiaw
(promulgated in 1433) – the
most extensive and severe
law that prescribes harsh
punishment.
 The Maragtas Code (by Datu
Sumakwel)
 Sikatuna Law
Early Prisons
Mamertine Prison
 the only early Roman place
of confinement which is
built under the main sewer
of Rome in 64 B.C. (please
watch: https://
www.youtube.com
%2Fwatch%3Fv%3DXN-
TPlW9TdE&tbnid=rcyBrftr
DaPbqM&vet=1&docid=Ffj
zRjr43pMD1M&w=1280&h
=720&q=mamertine
%20prison&source=sh
%2Fx%2Fim)
Early Prisons
 Other places of confinement in the history of
confinement include FORTRESSES, CASTLES, and
TOWN GATES that were strongly built purposely
against roving bands of raiders.
 The most popular workhouse was the BRIDEWELL
WORKHOUSE (1557) in London which was built for the
employment and housing of English prisoners.
 Walnut Street Jail – originally constructed as a
detention jail in Philadelphia. It was converted into a
state prison and became the first American
Penitentiary.
Early Prisons
Early Prisons in the philippines
 During the Pre-Spanish period, prison system in the
Philippines was tribal in nature. Village chieftains
administered it. It was historically traced from the
early written laws.
 In 1847, the first Bilibid Prison was constructed and
became the central place of confinement for Filipino
Prisoners by virtue of the Royal decree of the Spanish
crown.
 In 1936, the City of Manila exchanges its Muntinlupa
property with the Bureau of Prisons originally
intended as a site for boys’ training school. Today, the
old Bilibid Prison is now being used as the Manila City
Jail, famous as the “ May Halique Estate”.
Early Prisons in the philippines
THE EMERGENCE OF SECULAR LAW
 4th A.D. - Secular Laws were advocated by Christian
philosophers who recognizes the need for justice.
 Three Laws were distinguished:
 External Law (Lex Externa)
 Natural Law (Lex Naturalis)
 Human Law (Lex Humana)
The Primary Schools of Penology
The Classical School
 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.

 Hedonism - It is the idea that the moral worth of an

action is solely determined by its contribution to
overall utility, that is, its contribution to happiness or
pleasure as summed among all persons.
The Primary Schools of Penology
The Neo-classical School
 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.

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 by punitive actions against
them.
The Primitive Society
 Forbidden acts - crimes, violence, rebellious acts and
other acts, which are expressly prohibited by the
society
 Accepted acts - are those that can be beneficial to the
welfare of the society such as early traditions and
practices, folkways, norms, those that are controlled
by social rules, and laws
 Encouraged acts - are anything approved by the
majority which are believed to be beneficial to the
common good.
- These things include marrying, having
children, crop production, growing food, etc.
The Primitive Society
 The first
ever execution by ele
ctrocution was
carried out at
the Auburn
Prison on August 6,
1890. Considered a
more humane way to
die, the electric
chair replaced hangi
ng as the prevalent
form of execution.
The Primitive Society
 Redress (Compensation) of a wrong act
 Retaliation (Personal Vengeance) - earliest remedy for
a wrong act to any one
 Fines and Punishment - the acceptance of vengeance
in the form of payment (cattle, food, personal services,
etc) became accepted as dictated by tribal traditions

As tribal leaders, elders and later kings came into

power, they begun to exert their authority on the
negotiations. Wrongdoers could choose to stay
away from the proceedings (Trial by ordeal) but if
they refuse to abide by the law imposed, they will
be declared an outlaw.
The Primitive Society
Pain and public humiliation were wrought on
pillory towers such as this one.
 THE END…

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