INSTITUTIONAL

CORRECTION
CA1
By: JOHN PAUL C. FERNANDEZ,RCRIM
CORRECTION - A branch
of the Criminal Justice
System concerned with the
custody, supervision and
rehabilitation of criminal
offenders.
CORRECTIONAL
ADMINISTRATION - the study and
practice of a system or systematic
management of jails or prisons and
other institution concerned with the
custody, treatment and rehabilitation
of criminal offenders.
PENOLOGY – is the study of
punishment of crime or of criminal
offenders. It includes the study of
control and prevention of crime
through punishment of criminal
offenders.
PENAL MANAGEMENT –
refers to the manner or practice
of managing or controlling
places of confinement as jails or
prisons.
 PRIMARY SCHOOLS OF THOUGHT ON
PENOLOGY

Classical School Neo-Classical Positive (Italian

School School)

The Doctrine of This theory modified the doctrine of

free will by stating that free will of
Denied individual
Psychological men may be affected by other factors responsibility and
and crime committed due to some
Hedonism (Bentham) compelling reasons that prevail. reflected on positive
and Freewill (Beccaria). These causes are pathology,
incompetence, insanity, or any
reactions to crime and
condition that will make it impossible criminality.
for the individual to exercise free will
 Functions of Corrections

Maintenance of Institution
Protection of law-abiding members
of society
Reformation and Rehabilitation of
offenders
Deterrence of Crimes
 HISTORICAL
DEVELOPMENT OF
CORRECTIONAL SYSTEM
 CODE OF HAMMURABI
 THE LAW OF THE TALION (Lex Talionis) of the principle
of “tit for tat” (“eye for an eye” or tooth for a tooth”) is
one of the principle that can be viewed from most of the
provisions of the code of Hammurabi especially on
sections involving punishments are either death or
mutilation.
 Hammurabi, the king of Babylon during the eighteenth
century BC, is recognized as the first codifier of laws.
 It provides the FIRST COMPREHENSIVE VIEW OF THE
LAWS in the early days.
Under the principle of the law of talion, the punishment
should be the same as the harm inflicted on the victim.
I. Hammurabi is the author, Lex Talionis (Law of the Talion or Law of
retaliation)
II. Most of the punishments here involve death or injury.
III. When a thief is not caught and the stolen goods are not returned
equipment, the authorities must replace it.
IV. o The criminal will answer not only to the victims, but also to the
king.
V. o The penalty for theft is death, lying, making the house that will
destroy what belongs to him. (In case the son died in the collapse of
the house, the son of the builder of the house is the one will be
killed.)
VI. A child who hurt his father, will be cut off by his people hand
VII.When the victim has a broken bone, such a criminal's bone will also
be broken
 THE HITTITES
About two centuries after the Hammurabi, the
Hittites flourished even though part of their
codes was discovered, few of its provisions are
deciphered. What was observed in the code of
the HITTITES IS A GREAT IMPORTANCE OF
MORALITY. It only shows that even during the
ancient time, values are greatly different from
one group to other.
 Death or slavery is the punishment in almost all
crimes, except in robbery and homicide.
 When the case is homicide, the criminal is
obligated to make restitution to the deceased
family.
 The cases of rape, having sex with animal,
violation of government order, and magic
(sorcery/mgic) is also punishable by death.
 The head of the armed forces enforces law and
judgement
 THE RELIGIOUS CODES
THE BOOK OF DEUTERONOMY, the fifth book in the Bible,
contains the basis of the Jewish laws; one of the most
prevailing theories is that of THE TEN (10) COMMANDMENTS
found in Chapter XII and XXVII. This is a form of covenant
between God and the people of Israel, given to Moses on the
mountain top (Mt. Sinai).
The counter part of this in the Islamic countries is the book of
Koran, which has so much in parallel to the Christian and
Jewish culture. Although it will be observe that THE KORAN IS
MORE SPECIFIC ON THREE KINDS OF OFFENSES: HOMICIDE,
THEFT AND ADULTERY. The Koran is of divine origin and it is
said to have been given by Allah to Prophet Mohammed.
 THE GREEK
The Code of Drakon “ULTIMATE
SEVERITY” and the Solon are the two of
the most famous codes of Greek at about
seventeenth century B.C. The Drakon
comes first and later REPEALED BY THE
SOLON CODE except for some offenses
still the principle of Talion was carried in
these codes.
 ROME AND THE
CRIMINAL LAW (Twelve
Tables)
Other codes, the Roman law has the longest influenced over many
criminal laws, it begins with the Twelve Tables of Wood, prepared in
451-450 B.C.
 Presentation of the earliest Roman Codified laws, until it is largely
INCORPORATED INTO THE JUSTINIAN CODE finished in 529 and was
revised in the next four (4) decades. Most of the English common law
and Western World legal codes were said to have been derived from it.
Roman law began with the Twelve Tables which were written in the
middle of the sixth century BC
 the Twelve Tables were the foundation of all laws in Rome and written
in tablets of bronze
 the Twelve Tables were drafted by the DECEMVIRS, a body of men
composed of patricians.
 JUSTINIAN CODE –
Written by Emperor of
Justinian of Rome in the
6 century AD.
th
THE TWELVE TABLES
(XII Tabulae) – The very
first basis of the law in
Rome that was included in
the creation of the Justinian
code.
BURGUNDIAN CODE
– The punishment for each
crime is according to the
social class.
CODE OF KALANTIAW –
said to have been created by
Datu Kalantiaw in 1433
MARAGTAS CODE –
Originated by Datu
Sumakwel.
EARLY PRISONS
MAMERTIME PRISON –
Jail in Rome (64 BC) built
under canal or sewers.
BRIDEWELL WORKHOUSE
– First house of correction
(London 1557) which also
employs English Prisoners
WALNUT STREET JAIL -
first American Penitentiary.
MICHIGAN – The first
country to abolish the
death penalty.
ILLINOIS, CHICAGO -
First Juvenile Court
 ERGASTULUM –
Slaves or criminals were
chained while they were
worked forced.
 UNDERGROUND
CISTERN Those
imprisoned here are allowed
to starve to death.
 MAINE STATE
PRISON productive
work of prison.
The Former Royal Palace of Bridewell,
London (1557) - Was the first WORK
HOUSE FOR “POOR AND IDLE
PEOPLE”. 1602, Elizabeth I proclaimed
that those prisoners who are not convicted
of murder, rape or burglary be sent to the
Galleys to work as slave or oarsman to row
naval vessel and may even yield some
profit out of their punishment.
“Act of the Punishment of Roque, Vagabonds
and sturdy Beggars” (1597) BRIDEWELL
INSTITUTION - Law that was enacted during
the reign of King Henry VII (1509-1947) under
his daughter Elizabeth I. It mandates that
beggars should be return to their birth place, kept
in jail or house of correction until they could be
put to work. These became later the basis of
transportation of criminals beyond the seas, as
an alternative to corporal punishment.
In 1703 - Pope Clement has Hospice de San Michelle
(St. Michael) in Rome. The prisoners were classified
according to their age and crime they had committed.
This placed was designed for incorrigible youths under 20
years of age and on top of their doors an inscription is
written which reads, – “ It is insufficient to restrain the
wicked by punishment unless you render them virtuous
by corrective discipline.” At night they pray and sleep on
separate cells for repentance but at day time work in a
large central hall isolation, solitary work in the cells,
bread and water diet, floggings and the black hole were
some of the punishment.
BENEFITS OF CLERGY - This
originated in a compromise with the
Church which had maintained that a
member of the clergy brought to trial in a
King’s Court might be claimed from that
jurisdiction by the bishop or chaplain
representing him, on the ground that he, the
prisoner, was subject to the authority of the
ecclesiastical courts only. (King Henry II).
IN 1773, JOHN HOWARD (1726-1790) (HIGH SHERIFF
OF BEDFORDSHIRE) - As a young man he travelled to
Europe hoping to help in the relief of Lisbon after the
disastrous earthquake of 1755. He was captured by the French
and was held prisoner for two months in conditions of great
barbarity. Lucky he was returned to England as exchange
prisoner. Having been influenced by Beccaria and through his
own experience he wrote a book entitled “ THE STATE OF
THE PRISONS IN ENGLAND AND WALES” which
makes him known as ONE OF THE GREATEST PRISON
REFORMER. In 1735 Clement XII established an institution
for woman based on the work of John Howard.
 JOHN HOWARD
Separate prison cells for
prisoners
Separate women from men
Separate adults from children
Provisions for sanitation
facilities
The removal of the fee system
(paid by the prisoners to jailer)
18th Century - Considered
to be one of the most brutal
ages for punishing criminals.
A combination of the Old
and New system.
Flogging - was the most popular
method of corporal punishment.
Hanging is publicly done just like a
scenario in a carnival where the
phrase gala day, gala occasion was
derived from the word gallaome.
1718 - Punishment and
transportation of criminals
from England to America
became a practice although it
was abruptly HALT IN
 

It was cut off in 1875, but

now exceeds 135,000
the number of people sent to
Australia and New Zealand.
1778 - due to American
Revolution leading
England to divert her
convicts to Australia and
New Zealand.
Old “Hulk” (Prison ship)- (Abandoned
and unsuitable transport ships) = was
converted as prison in order to ease the
congestion in prison. But this resulted into
a more degrading life for both prisoners
and guards to the point that they call is the
“floating hell”. This even last for 85 years
and no segregation was made between
youth, man and woman.
“On Crimes and Punishment,
1764” - Becarria’s great
contribution to correction/penal
system. A direct result of protest
over cruelties and inequalities of
the law and the courts. Its essential
principles are follows:
➢ UTILITARIAN CONCEPT – Human
action must be meaningful, just , and for
the good of all.
➢ CRIME MUST BE CONSIDERED AN
INJURY TO THE SOCIETY.
➢ PREVENTION FOR CRIME IS MORE
IMPORTANT THAN PUNISHMENT.
➢ SECRET ACCUSATION AND
TORTURE SHOULD BE ABOLISHED.
➢ SPEEDY TRIAL SHOULD BE PROMOTED.
➢ Punishment is justifiable only on the supposition that it
helps deter a person from committing a crime. NO CAPITAL
PUNISHMENT. LIFE IMPRISONMENT is a better deterrent.
BANISHMENT is an excellent punishment for crimes against
state. Crimes against property should be punished by fine or
imprisonment only when the person is incapable of paying the
fine. Capital punishment is irreparable and hence no provision
for possible mistakes and the desirability or later reflection.
➢ Imprisonment should be more widely employed but its
mode of applications should be greatly through providing
better physical quarters and by separating and classifying the
prisoners into age, sex and degree of criminality.
GREATEST HAPPINESS
PRINCIPLE
HEDONISTIC
CALCULUS (Felicific
Calculus)
UTILITARIANISM
PAIN AND PLEASURE
PANOPTICON PRISON
4 objectives of punishment by Bentham:
1.To prevent all offenses , if possible;
2.If a person chooses to commit an offense,
punishment will persuade him to commit a less
rather a more serious one.
3.When a person made up his mind to commit a
particular offense, punishment disposes him to do
more mischief than is necessary to his purposes;
4.To prevent the crime at as cheap a rate as
possible.
William Penn -“The
Great Law” of the
Pennsylvania Tuakers,
providing more human
treatment of offender.
He is also responsible
to the abolition of
death penalty.
THE TWO PRISON
SYSTEMS
1. AUBURN SYSTEM (1819)-
Confinement of the prisoners in a
single cell at night and
congregate work in shops during
the day. (Adopted by United
States). “CONGREGATE
SYSTEM”,
2. PENNSYLVANIA SYSTEM
(1829) - Confinement of
prisoners in their own cells day
and night (adopted by European
Countries). “SOLITARY
SYSTEM”,
MAISON DE FORCE -
was in Belgium, the
inmates were whipped and
had to adhere to the rule
of silence.
MANUEL MONTESINOS -
(Director of the Prisons of Valencia,
Spain in 1835) = divided prisoners into
companies and appointed a prisoners a
petty officer in charge. Academic
classes of one hour a day, more given
all inmates under 20 years of age.
DOMETS (France) = Established
agricultural colony for delinquent
boys in 1839 focus on re-
education. Once discharged, the
boys placed under the supervision
of a patron.
VOLTAIRE - He was the most
versatile of all philosophers
during this period. “He believe
that fear of shame was a
deterrent to crime” he fought for
legality sanctioned of torture.
ELMIRA REFORMATORY
(1876) = established a link
between the community based
program and the penal
institution. It is also known as
“THE HILL”, forerunner of
Modern Penology.
ALCATRAZ PRISON –
known as “THE ROCK”,
positioned its on an island
and believed to be
impossible escaped from it.
The three (3) Escapees of Alcatraz
- JOHN ANGLIN
-CLARENCE
ANGLIN
-FRANK MORRIS
SIR EVELYN RUGGLES BRISE
(England) - Director of English Prison,
after visiting Elmira Reformatory,
opened Borstal Institution near
Roached, In Kent which was
considered as the best reform
Institutions for young Offenders
PENALTY - defined as
the suffering inflicted by
the state against an
offending member for the
transgression of law.
 SCALE
PRINCIPLE
PENALTIES
CAPITAL
PUNISHMENT
1.DEATH
AFFLICTIVE PENALTIES
1. RECLUSION PERPETUA
2. RECLUSION TEMPORAL
3. TEMPORARY ABSOLUTE
DISQUALIFICATION
4. TEMPORARY SPECIAL
DISQUALIFICATION
5. PRISON MAYOR
CORRECTIONAL
PENALTIES
1. PRISON CORRECTIONAL
2. ARRESTO MAYOR
3. SUSPENSION
4. DESTIERRO
LIGHT PENALTIES
1. ARRESTO MENOR
2. PUBLIC CENSURE
JUSTIFICATION OF THE
PUNISHMENT
-Protection of the society
-Retribution
-Expiation or Atonement
-Deterrence
-Incapacitation and Protection
-Reformation or rehabilitation of
behaviour
-Legal
-Definite
JAIL - institutions for
confinement of convicted
offenders sentenced to
imprisonment of three (3)
years or less.
Jail comes from
Spanish word JAULA
which means cage
TYPES OF JAIL
1. LOCK-UP JAIL – Usually found at the
police station for those still under
investigation or awaiting for trial.
2. ORDINARY JAIL – The common jail
for people who will serve less than 3 years.
3. WORK HOUSE OR JAIL CAMP –
Prisoners have full employment. Under
the constructive work program, prisoners
are employed and have leisure.
JAIL ACCORDING TO
GENERAL
MUNICIPAL JAIL(1 Day to 6
months)
 CITY JAIL
 DISTRICT JAIL
PROVINCIAL JAIL