Chapter I

CRIMINAL REHABILITATION AND

THERAPEUTIC COMMUNITY
MODALITY
Rehabilitation and Penology

a program of activity • aka Penal Science

directed to restore an •a branch of criminology
inmate's self-respect and
dealing with jail
sense of responsibility to
management and
the community, thereby
administration of
making him/her a law-
inmates
abiding citizen after
serving his/her sentence.
 Goals of Criminal Sentencing

1. Retribution
• refers to the act of setting punishment for someone that fits
the crime
• It
focuses on the punishment of and the compensation of
victims
• severity
of punishment is proportionate to the seriousness of
the crime
2. Incapacitation
• refers to the act of making an individual
'

incapable of committing a crime by execution or

banishment, and in more modern times by
execution or lengthy periods of incarceration. It
reduces crime by iterally preventing someone
from committing crime through direct control
during the incarceration experience.
 3. Deterrence
 The use of punishment to stop potential criminals from
committing crimes.
Commonly believed that punishment gives a lesson to the
offender
 4. Rehabilitation
• process of helping inmates grow and change, allowing them
to separate themselves from the environmental factors that
made them commit a crime in the first place. The idea is to
treat each of the major contributing factors in order to help
give an inmate the ability to live a crime-free life after they
are released from prison
 5. Restoration
• theprocess where victims, offenders , and
communities affected by a particular offense meet to
find a way to restore or make amends for the harm
resulting from an offense
Five Conceptions of Rehabilitation of PDL

1 . Rehabilitation as Anti-Recidivism
- Rehabilitation, incapacitation and specific deterrence aim of
preventing people from committing a crime.

2. Rehabilitation as Harm Reduction

- Punishment is justified without general deterrence effects
because it may rehabilitate the offender.
-Improving offenders responsiveness to prudential and moral
lesson
3. Rehabilitation as Therapy
-Focus on mental illnesses and deficits, clinical psychiatry. As with
standard medical treatments, the aim of curing the deficit may be instrumental to
the further aim of benefitting the individual.

4. Rehabilitation as Moral Improvement

-punishment is justified as a way to prevent wrongdoing in so far it can
teach both wrongdoers and the public the moral reasons for choosing not to
perform an offense.

5. Rehabilitation as Restoration
- Rehabilitation is a matter of restoring the offender’s social or moral
standing in society.
Rehabilitation and Reformation of PDL

Rehabilitation
is a program of activity directed to restore a PDL self
respect and sense of responsibility to the community.

Reformation
means of improving by changing an inmate’s
behavior and attitude. It is the act of bringing back
an inmate to such a sense of justice, so that he may
live in a society without any detriment to it.
History of Rehabilitative and Reformative Approach

During the Medieval period till 18 th century, the

punishments were cruel and retributive in nature. Punishments
were designed not only just to cause pain but also to humiliate
offenders in front of the whole society.

The development of the Rehabilitative and Reformative

Approach in criminal justice started during the Enlightenment
Age.
Cesare
Beccaria
(1738-1794)
 On Crimes and Punishments
His main contribution in the field of correctional services is
that he was the first person to assert that the punishment
should be in proportion to the harm done
Heemphasized the importance of certainty and of
promptness in punishment if it were to be effective
the
seriousness of the crime and the punishment imposed
should be balanced
Sir Samuel
Romily
(1757-1818)
Was an English legal reformer whose chief efforts were devoted
to lessening the severity English Criminal law.

 He devoted his life to advocating on behalf of the lower classes

and worked to reform England's criminal law by abolishing
capital punishment for minor crimes.

 He strongly criticized the Doctrine of Maximum Severity.

Zebulon
Brockway
(1827-1920)
Father of Prison Reform and the Father of American Parole
He advocates a program designed to educate and reform prisoners rather
than punish them. He promotes indeterminate sentencing, as well as the
development of the precursor to the modern parole system
Brockway believed that rehabilitation could be achieved through
education. Inmates who did well in both academic and moral subjects
earned early release by accumulating points.
Misbehavior and poor performance in the educational courses prolonged
the individual's sentence.
Robert Martinson
(1927-1979)
" What Works? Questions and Answers About Prison Reform" (1974)
attempted to assess the effectiveness of various prison reforms,
particularly those aimed at rehabilitating criminal offenders and
reducing recidivism.
To provide answers about what works in the way of correctional
rehabilitation, he reviewed the available evidence from existing studies of
offender treatment. In the end, his essay painted a picture of modern
rehabilitation that could only be characterized by widespread failure
Some of his findings were:
• 1. There are some correctional services which rely only on some specific
methods like psychoanalysis. Even it is one of the important methods
which is used in rehabilitative services, completely basing on this
method will not serve the purpose offenders who need rehabilitation.
• 2. The authorities most of the time use their rehabilitative correctional
services to those behaviors of the offender which are not the actual cause
of their deviant act.
• 3. In most of the rehabilitative correctional services the employees who
offer these services are not adequately skilled enough to provide those
services. For Martinson, in order to change the conception of 'nothing
works' for the offender under rehabilitation, these above-mentioned
defaults have to be properly taken care of by the correctional authorities.
Mark Lipsey and Francis Cullen
According to them the actual problem in the rehabilitative
correctional services can be summarized as:
1. The rehabilitative correctional services are not scientifically up
to date at many times.
2. The authorities do not use the available research to determine
what works of a particular criminal and then implement the same
on that particular criminal.
3. The third most important issue is the attitude of the staff members of
these services. These staff members merely rely on their own
convenience in treating the offenders .They only use the customary
techniques in these services and justify it by saying that "we have done
it in this way and there is no reason to change it". They also rely on
some ill ideologies or mindsets like "the criminals are scumbags, why
waste time and money on them.
What is Therapeutic Community

utilizes the “community” as a vehicle to foster behavioral

and attitudinal change. It is treatment environment, the client
receives help or support from others because of a problem
behavior or when experiencing distress. The expectation that
the community places on its individual members reflects not
only the needs of individual, but also the social and support
needs of the community.
Therapeutic Community Modality
-the Philippines employing TCM to effect the rehabilitation and
reintegration of a probationers, parolees, PDL’s as productive and
socially responsible members of the society. TCM is a self- help
social learning treatment.

Activities in Therapeutic Community

Modality

1. Individual and Group Counseling

-this activity intends to assist a person
who is trying to sort out their problems
and help to resolve them.
2. Moral, Spiritual, Values Formation
- seminars, lectures or training
offered or arranged by the designed
agency comprise these rehabilitation
activities.

3. Work or Job Placement/Referral

-categorized as an informal program wherein a client is
referred for work placement through the officer’s own personal
effort and
information.
4. Vocational Livelihood And
Skills Training
-the program includes the setting
up of seminars and skills training classes
to help the clients earn extra income.

5. Health, Mental and Medical Services

-basic needs of clients.

6. Literacy and Education

-this is particularly intended for clients who are “no read, no
write” to help them become functionally literate.
7. Community Service
-refers to the services in the community rendered by clients
for the benefit of society.

8. Client Self-Help Organization

-clients associations serve another purpose by providing
some structure to the lives of clients where they re-learn the
basics of working within a group with authority and responsibility
much like in the bigger society.

9. Payment of Civil Liability

-payment of obligations to the victims instills in the minds of
the clients their responsibility and the consequences of the harm
they inflicted to others.
10. Environment and Ecology Awareness Programs
-to instill awareness and concern in preserving ecological
balance and environmental health, seminars are conducted
wherein clients participate.

11. Sports and Physical Fitness

-activities that provide physical exertion like sports games
and group play are conducted to enhance the physical well being
of clients.