Institutional Correction

Two System Approaches to Correction

•As 4th pillars of Criminal Justice System the Philippine
Correction Pillar at present has two system based
approaches, the institution based and the non institution
based, they are being run by three (3) departments of the
executive branch of government.

•The Department of Justice (DOJ) takes care of the national

prisoner, the Department of Interior and Local Government
(DILG) takes care of municipal city and provincial prisoner,
and the Department of Social Welfare & Development
(DSWD) which take care of youth offenders.
• The Bureau of Correction (BUCOR) the board Pardon and
Parole (BPP) and the Parole and Probation Administration
(PPA) are under the Department of Justice.

• The Board of Pardons & Parole (BPP) recommended to

the President prisoners who are qualified for parole,
pardon and other forms of executive clemency, while the
PPA exercises general supervision over all parolees &
probationers & promotes correction and rehabilitation of
offenders outside prison institution.
 Correction – A branch of Criminal Justice System
concerned with the custody, supervision and
rehabilitation of Criminal offenders.

 Correctional Administration – the study and

practice of system management of jails or prisons
and other institution concerned with the custody,
treatment and rehabilitation of criminal offender.
Penology – study of punishment for crime, it is the branch
of criminology dealing with prison management, and the
deterrent and reformatory treatment of criminals.
Penology also known as Penal Science has for its scope
and coverage the philosophy & corrective practice,
particular dealing w/ prison management as well as
punishment of persons who violate criminal law. It is
influenced by Classical Doctrine.

It comes for 2 words “PENO” and LOGY. Term Peno

derived from Greek word “POINE” as well as from Latin
word “POENA” both means Punishment, Logy is derived
from Latin word “LOGOS” meaning science.
 Penal Management – refers to the
manner or practice of managing or
controlling places of confinement as jails
or prisons.
Functions of Corrections

 Maintenance of Institution
 Protection of law-abiding members of
society
 Reformation and rehabilitation of
offenders
 Deterrence of crime
Nature and Trends of Punishment
 Punishment – (Legal sense) it is more
individual redress or personal vengeance.
Therefore, it is defined as the redress of the
state against an offending member.
 Punishment – (General Sense) – it is the
infliction of some sort of pain on the offender
for violating the law
 Penalty – the suffering that is inflicted by the
State for the transgression of law
Ancient Form of Contemporary Form of
Punishment Punishment

 Death Penalty  Imprisonement

 Physical torture  Parole
 Social Degradation  Probation
 Banishment  Fines
 Destierro
CONDITIONS OF PENALTY
1) Must be productive of suffering w/o however, affecting the
integrity of the human personality.
2) Must be commensurate with the offense/ different
penalties.
3) Must be personal – no one should be punished for the
crime of another.
4) Must be legal – it is the consequence of a judgment
according to law.
5) Must be certain – no one may escape its effects.
6) Must be equal for all.
7) Must be correctional.
 THEORIES IN JUSTIFICATION OF
PENALTIES

1) PREVENTION – the state must punish criminal to prevent

or suppress the danger in the state arising from criminal
act.
2) SELF DEFENSE – the state has the right to punish the
criminal as a measure of self defense so as to protect
society from the threat and wrong inflicted by the criminal.
3) REFORMATION – the object of punishment in criminal
cases is to correct and reform the offender.
4) EXEMPLARITY – the criminal is punish to serve as an
example to deter others from committing crimes.
5) JUSTICES – the crime must be punished by the state as
an act of retributive justice, a vindication of absolute right
and moral law violated by the criminal.
3 FOLD PURPOSE OF PENALTY UNDER
REVISED PENAL CODE

1) RETRIBUTION OR EXPIATION – the penalty

is commensurate with the gravity of the
offense.
2) CORRECTION OR REFORMATION –
regulate the execution of the penalties
consisting in the deprivation of liberty
3) SOCIAL DEFENSE – as shown by its
inflexible severity to recidivist and habitual
delinquents.
LAW GOVERNING CRIMES AND PUNISHMENTS

Revised Penal Code also known as the Criminal law form as

part of statues as act NO. 3815 as amended signed into law
by the American Govern General Dwight F. Davis on Dec. 8,
1930 & took effect on Jan. 1, 1932.

The Revised Penal code is the revised and amended version

of the penal code of Spain of 1870 (Codigo Penal Español)
which was extended to the Philippines by Royal Decree of the
king of Spain dated Dec. 17, 1886 and took effect on July 14,
1887 and becomes the Criminal Law of the Philippines up to
Dec. 31 1931 when it bowed out of existence to give way to
Revised Penal Code that look effect on Jan. 1, 1932 effective
up to present time with various amendments.
 CONSTITUTION RESTRICTION
(Sec. 19 Act. 3)

The constitution directs that excessive

fines shall not be imposed nor cruel or
unusual punishment inflicted. The
punishment is cruel and unusual when it
is disproportionate to the offense
committed as to shock the moral sense
of a reasonable man as to what is right
and proper under the circumstances.
The School of Penology

 Classical School

 Neo-Classical School

 Italian or Positivist School

 Modern Clinical School

 ORIGIN AND HISTORY OF
CORRECTION
• Law originated from God and he laid down His infinite
wisdom and power to enforce it and prescribed penalty or
punishment. God created Adam & Eve and decreed that they
can eat any of the fruits of trees growing in the Garden of
Eden, except the fruit of TREE OF KNOWLEDGE OF GOOD
AND EVIL.

• Adam and Eve broke that law, so they were the first criminal
as they were punished by exile or banishment from the
Garden of Eden, which could be considered as first penalty
or punishment.

.
The first crime against person was likewise shown in the Bible,
when Cain killed his brother Abel, In punishment for such crime,
God placed a mark on Cain, and make him a wanderer on the
face of death, as well a cursed his children for crime of the
father. The “Mark of Cain” that God put on the brow of Cain is
for the purpose of warning all men of his crime. Said act is
implanted in the consciousness of every criminal and makes
them anti-social and that they always hide their criminal
activities.

The Bible likewise cites many instances of punishment to those

who violated God’s laws, such as;
(a) The destruction of fire and brimstone of Sodom and
Gomorrha
(b) The GREAT FLOOD which covered the Biblical world,
wherein it rained for FORTY(40) days and nights and only
NOAH, his family, as well as the animals that were in the ark
lived.
MOSAIC CODE – premise on concept
of retribution, allows offender and
victim to settle.

KING UR-NAMMO’S CODE –

imposition of restitution and fines of
execution mutilation or other savage
penalties, but not death.
 Code of Hammurabi
 Hammurabi, the king of Babylon during 18th
century, was recognized as the first codifier
of laws.
 The Law of Talion (Lex Taliones) or principle
of “tit for tat” – punishment should be the
same as the harm inflicted on the victim
 Provides the 1st comprehensive view of law in
the early days
 The Code was starved in stone
The Hittites

 Two century after the Hammurabi

 Though discovered, few were deciphered
 Great importance in Morality
The Religious Code

 10 Commandments of the Book of

Deutronomy
 The book of Koran – Koran is more
specific on three kinds of offenses:
Homicide, theft and adultery
The Greek
Code of Draco (Drakon) Laws of Solon

 The “ultimate severity”  Repealed the Code of Draco

 Solon was the one of the first
to see that a lawgiver had to
make laws that applied
equally to all citizens
 Saw that punishment must
maintain proportionality to the
crimes committed.
 Rome and the Criminal
Law (the Twelve Tables)
 Foundation of all laws in Rome and
written in tablets of bronze
 Drafted by Decemvirs, a body of men
composed of patricians.
 Written in the middle of 6th century
 It is largely incorporated into the Justinian
Code.
Justinian Code

 Roman Emperor Justin put the code in

effect
 Became the standard law in all areas
occupied by the Roman Empire in
Europe.
 Revision of Twelve tables
Burgundian Code

 Introduced the concept of Restitution

 Punishment was meted according to social
status: Nobles, middle class and lower class
has specified values on their lives.
 Offender had to pay specified value in order
not to undergo physical suffering as penalty
 Offender who cannot pay will be subjected to
death penalty
Punishment to the Middle Age to
Criminal Law and Deterrence
 After tha fall of Rome in the 5th Century A.D.
– to the beginning of Middle Ages in the 13th
Century, submerging the Europe to the
“Dark Ages”, the roman laws were almost
forgotten
 Strongly revived only during the
Renaissance and Reformation and on to the
18th and 19th centuries.
 Acts of the Punishment of Rogue,
Vagabonds and sturdy Beggars

 Bridewell Institution 1597

 Enacted during the reign of King Henry VII
(1509-1947) under his daughter Elizabeth I.
 Mandates beggars to be return to their birth
place, kept in jail or house of corrections
until they could be put to work
 Became the basis of transportation of
criminals
 The former Royal Palace of Bridewell,
London was the first work house for poor
and idle people.
 In 1602, Elizabeth I proclaimed that those
who are not convicted of murder, rape or
burglary be sent to Galleys to work as
slaves or oarsman.
 Hulks
• Prison ship
• Former warship used to house
prisoner in 18th to 19th century
• Abandoned or unusable transport
ships which were converted into
prison as means of relieving
congestion when transported
system was abandoned in rivers
• Also called as “floating hells”
• No segregation for young, man and
woman
• Lasted for 85 years
 Gaols
• Hard for the poor but not for the
wealthy
• Prisoners have to pay for their
accommodation, food and the
cost of administration and
security
• The prisoners were chained at
the wrist, ankles or neck and
these chains were tied on the
wall or floor of the prison.
 Wallnut Street Jail
• 1st American penitentiary in
Philadelphia
• Psychological treatment
• Where the separate, silent
penitentiary philosophy of
john Howard was introduced.
Maine State Prison
• Early Roman Place of Confinement
• Prisoner worked in the mines during day
and then their ankles and necks were
shackled during night to prevent escape
• Detain offenders where they will starved
to death
 Sing Sing
Prison
• One of the most notorious
prison on 1800
• The force of icy cold water
hitting the head of the
offender caused so much
pain and extreme shock
and sudden drop in body
temperature
 Hospicio de San Michelle 1703
in Rome
• Emphasized the rehabilitative concept of
the segaragation of prisoner and force to
silence to make him contemplate their
wrongdoings
• Physical tortured was minimized and
reserved ony for incorrigibles
• Supplanted by mental and psychological
stress due to extreme loneliness of
segragation and forced silence
• They listened to religious brothers giving
religious teachings
• Chained in one foot and strict rule of silence
John Howard 1773
 High Sheriff of Bedfordshire
 He was captured by the French and held
prisoner for two months in great barbarity
 He was returned to England as
exchanged prisoner
 Wrote the book “The State of the Prisons
in England and Wales”
John Howard
 Father of Prison Reform
 Single cell for sleeping
 Segregation of women and youth
 Sanitation of jail
 Abolition of fee system
18th Century
 Development of Modern Correctional
Concepts and Standards

1718 (Europe, France and Spain) Mid of 19th Century

 Punishment and  1875
transportation of criminals  Transportation system
became a practice was finally abandoned
 Abruptly halt in 1778 due to but over 135,000 felons
American Revolution leading had been sent to
England to divert their Australia and New
convicts to Australia and New Zealand
Zealand
Later part of 18th Century
 Age of Reason or Age of Enlightenment
 Baron de Montesquieu and Voltaire took
active part in making reforms in criminal law
and procedure by stimulating the cerusading
zeal of an Italian philosopher named Cesare
Becarria.
 1870-1880 – The Golden Age of Penology
Cesare Becarria
 Secret accusation and torture should be abolished.
Speedy trial should be promoted.
 No capital punishment. Life imprisonment is a
better deterrent.
 Banishment is excellent for crime against state.
 Crime against property should be punished by fine
or imprisonment if unable to pay the fine.
 Capital punishment is irreparable hence no
provision for possible mistakes and later reflection.
Jeremy Bentham
 Greatest Happiness
principle
 Hedonistic Calculus or
Felicific Calculus
 Utilitarianism
 Designed the Panopticon
Prison
Development of Prison
 In United States, prison was first
established.

 Evolve as substitute for transportation,

exile. Public degradations, corporal
punishment and death penalty by
provision of Pennsylvania Law of 1790.
William Penns
 “The Great law” of Pennsylvania
 Providing more humane treatment of
offender
 Responsible for abolition of death penalty
Development of Prison

 In Medieval Europe, jail was introduced

 A place of confinement of persons

arrested, undergoing trial and for those
convicted of minor offenses such as
vagrancy, gambling and prostitution.
 The Two Rival Prison
Auburn Prison System Pennsylvania Prison System
 Established in 1819
 Established in 1829
 Confinement of the
 Confinement of prisoners
prisoners in a single cell at
in their own cells day and
night and congregate work
night
in shops during day
 Adopted by European
 Adopted by United states
countries

Note: Both observe complete silence

Maison de Force – rule of silence
 Reformatory Movement
Manuel Montesinos Alexander Maconochie
 Director of prison of Valencia  Superintendent of the
Spain in 1835 penal colony in Norfolk
 He divided prisoners into Island in Australia
companies and appointed  Introduced a progressive
one prisoner as petty officer humane system to
in charge substitute for corporal
 Academic classes of one punishment
hour a day was given to all  Marking system
inmates under 20 years of
age
Domets of France
 Established agricultural colony for
delinquent boys in 1839
 The boys were housed in cottage with
house father in charge
 System was based on re-education rather
than force
 When discharged, the boys were place
under the supervision of a Patron
Sir Walter Crofton
 Chairman of the Director of Irish Prison
 Introduced the Irish system in 1856
 1st stage – solitary confinement for 9months
 2nd stage – work assignment to public work at
Spike Island. Prisoner worked for his promotion
and wore badge of distinction.
 3rd stage- the prisoner was sent to Lurk or Smith
field which was sort of preparation for release.
 Final Stage – release on supervision under
conditions
 Z.R. Brockway
 Introduced the Elmira Reform System in New York –
forerunner of Modern Penology
 A new institutional program for boys (16-30)
 New prisoner was classified as 2nd grade and was
promoted to 1st grade after 6 months of good behaviour.
 Another 6 months of good behaviour will qualified him for
Parole.
 If committed misconduct, demoted to 3rd stage where he
was required to show good conduct for one month to be
reclassified ato 2nd grade.
Jail and Prison
 Jail Administration
 Jails- are primarily adult penal institution used for the
detention of persons charged with crime, but later it
came into use for the service of shorter sentence.
 Today, it is the place for locking-up persons who are
convicted of minor offenses or felonies who are to
serve a short sentence imposed upon them by a
competent court, or for confinement of persons who
are awaiting trial or investigation of their cases.
 Types of Jails
1. Lock-up – this is a security usually operated by the police
department, for temporary detention of persons held for
investigation or awaiting preliminary hearing, usually period
of detention does not exceed 48 hours.
2. Ordinary Jail – house both offenders awaiting court action
and those serving short sentences, usually up to three years,
frequently it is only facility available for the detention of the
juvenile offender and for the care of the non-criminal insane,
pending commitment to the state psychopathic hospital.
3. Workhouse, jail-farm or camp – these institution house
minimum custody offenders serving short sentences, usually
not more than three years.
 General Classification of Jail

 Municipal Jail – punishable with duration of 1day to

6months
 City Jail – punishable with duration of 1day to
3years
 District Jail – Punishable with duration of 6 months-
1 day to 3 years
 Provincial Jail – punishable with duration of 6
months – 1day to 3 years (under provincial
government)
Prison

 Institutions for confinement of convicted offenders

sentence to more than 3 years of imprisonment
 Derived from Greco-Roman word “presidio”
 Administered by National government under
Bureau of Corrections
 Also called national prisons and includes penal
colonies and penal farms.
Importance of Jail and Prison

 Serves as deterrent
 Enables the wrongdoer to be reformed and
rehabilitated
 Avoid influence of hardened criminal
 Separate offender according to duration of
imprisonment
 Determine the separation of jurisdiction between
two or more cities
 Help the government economically