Beruflich Dokumente
Kultur Dokumente
PART II
1. Historical Development
2. Modern Penology
3. Philippine Corrections
i.
ii.
INTRODUCTION:
A. Penology: Also known as Penal Science. From the Latin
word poena meaning - pain or suffering. It is a subfield of
criminology that deals with the study of various forms of
punishments and its effects as a means of controlling human
behavior.
Sanford Bates, the first director of US Bureau of Prisons, is
widely recognized as the father of modern penology
Goals of Penology:
1. To bring light to the ethical barriers of punishment along
with the motives and purposes of society for imposing it.
2. To make comparative study of penal laws and procedures
through history between nations.
3. To evaluate the social consequences of the policies
enforced at a given time.
B. Punishment: The redress that society takes against an
offending member that usually involves pain and suffering. It
is also the penalty imposed on an offender for a crime or
wrongdoing.
C. Corrections: In general, this refers to societys reaction to
crime and delinquency.
Perspectives in corrections:
1. As a pillar of the Criminal Justice System: it is the
branch chiefly concerned with the custody, supervision
and
rehabilitation
management.
of
offenders
through
penal
HISTORICAL BACKRGOUND:
In ancient times, there were no written laws. Wrongs
committed against individuals are privately settled between
the victims and the offenders.
Two of the most dominant systems of corrections during then
were:
1. Lex Salica law on restitution (blood money)
i. Wergeld payment is made to the family of the
victim
ii. Freisengeld payment is made to the ruler,
king or the state
public,
although
private
punishments
remain
EARLY CODES:
As
society
progressed
further
and
earlier
civilizations
RELIGIOUS INFLUENCES:
During the time of Constantine, the influence of religion over
secular states increased. The practices of sanctuary and
benefit of the clergy were recognized religious exemptions to
the imposition of punishment. The distinctions between
religious laws and secular laws became blurred. And the
various forms of corporal punishments encouraged by the
Catholic Church during the Inquisition were adopted by
States.
Examples of these corporal punishments are:
1. Trial by Ordeal
2. Whipping (Cat O Nine Tails)
3. Torture
4. Burning at the Stake
5. Castration
6. Maiming
7. Dismembering
8. Disembowelment
9. Decapitation
10.
Hanging
in
the
Philippines.
The
use
of
torture,
2. Intermediate sentence
Furlough
Day fine
Boot camps
Shock incarceration
Halfway houses
DEVELOPMENT OF PRISONS
In ancient times, offenders are imprisoned by throwing them
to dungeons, dens or abandoned mines.
PRISON REFORM
John Howard, the Sheriff of Bedfordshire, England in 1773,
spent his fortunes on Prison Reforms after he discovered the
sordid state of English gaols. He described it as a human
cesspool where bad people end up even worse. The stench of
unwashed persons, human excrements, sores and varmint
Italy
administered
by
Nuns
to
house
Congress
of
Mothers
and
Settlement
House
from
wrongdoing.
Bentham
proposed
that
the
legislature,
including
the
limitation
of
capital
specifically
to
modify
human
behavior.
founding
members
of
the
Declaration
of
crimes,
&
(3) to remove them from society temporarily
until
who
opened
the
Borstal
Institution
for
young
Zebulon
Brockway
The
Director
of
the
Elmira
sentence.
Because
of
this,
Elmira
is
Association
along
with
Zebulon
Brockway
in
PROBLEMS OF OVERPOPULATION:
Earlier in England, prisoners were transported to new
colonies such as Australia, New Zealand, South Africa, India
and others. When the United States gained independence for
the English Crown, the practice of transportation halted.
As prison population grew, it became imperative to establish
more prisons that can house large inmate population. This
prompted the construction of more Panopticon based prisons
other than the Pennsylvania and the Auburn.
Jails presumably continued its traditional role of confining
persons awaiting trial & sentence.
unauthorized
escape:
here,
dangerous
people
by
diverting
minor
offenders
to
non-
do
the
imprisonment
most
for
to
reduce
career
crime,
criminals
i.e.
&
longer
shorter
5.
Population
Sensitive
Flow
Control
Strategy:
&
management
staff.
Policies
should
be
PRISONIZATION:
Prisonization
is
the
adoption
by
the
inmate
of
the
New inmates face two social systems that are competing with
one another once inside prison, namely:
1. Formal Organization composed of prison staff and
support
system.
resocialization
Their
main
(rehabilitation)
priority
efforts,
is
in
the
custody
and
control.
2. Informal Organization composed of prison and inmate
gangs and. Their attention is in Prisonization, freedom
and self reliance.
The
greater
the
degree
of
similarity
between
prison
3. Commando Group
a. Former
policemen,
soldiers,
RAM,
SFP-YOU,
Models of Prisonization:
1. Deprivation Model proposed by Gresham Sykes.
Believes that prison subculture is a unique subculture
that results from the attempt of inmates to adapt to the
deprivations imposed by incarceration.
2. Importation Model led by John Irwin & Donald
Cressey. Believes that the inmate subculture is a
combination of several types of subcultures that exist
outside prison and are imported by offenders when
they enter.
by
whatever
differences
in
organizational
PHILIPPINE CORRECTIONS
Our study of Corrections will be un-cerebral unless we have a
clear understanding of the Legal process that leads towards
the Correctional process.
In this part, we will first revisit the following:
1. Legal process;
2. Constitutional limitations;
3. Juridical conditions for a valid of penalty;
4. Justification for punishment (Punishment Philosophies);
5. Application of Penalties; and
6. Remedies for wrongful imprisonment.
On the later part will proceed with the history and mechanics
of penal administration starting with:
1. International settings; and
2. Philippine settings
THE LEGAL PROCESS:
In brief, correction is the last of several steps in the
administration of criminal justice which begins from the
moment that a crime is committed.
Admittedly, not all violations of law are punished. This is true
in the Philippines and elsewhere. In order for the legal
process to reach its final conclusion, the crime must be
detected, investigated, prosecuted, tried and adjudicated.
Here it is clear that the strength of our criminal justice
system is directly proportional to the sum of its parts. If any
of its pillars fail, the entire system may go down with it. For
this reason, the system itself must permit reinvestigations,
reconsiderations, re-trail, direct or collateral attacks for
wrongful convictions, appeals, etc. These are the main
characteristics of an adversarial system.
discussion
of
Criminal
Law,
Procedure
&
to
society
without
CONSTITUTIONAL LIMITATIONS:
The Constitution is the fundamental law by for which any
other laws will be measured and tested. It is the ultimate
guarantees
certain
liberties
to
individuals.
These
be
found
but
these
are
generally
dormant
and
or
when
public
safety
or
order
requires
involving
heinous
crimes,
the
Congress
c) Indemnification
This dichotomy in penal liability had its roots in the ancient
practice of lex salica which we have discussed briefly in the
earlier chapters of this book.
APPLICATION OF PENALTIES:
Art. 25. Penalties which may be imposed. The penalties
which may be imposed according to this Code, and their
different classes, are those included in the following:
1. Capital punishment:
Death (Suspended by RA 9346)
2. Afflictive penalties:
Reclusion perpetua,
Reclusion temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor
3. Correctional penalties:
Prision correccional
Arresto mayor
Suspension
Destierro
4. Light penalties:
Arresto menor
Public censure
5. Penalties common to the three preceding classes:
Fine and
Bond to keep the peace
Death
Mors solviit omnia death dissolves all things. Where
death occurs before conviction, the following legal
consequences follow:
1. Cessation of civil personality
2.
Dissolution
of
marriage
(in
case
of
married
individuals).
3. His properties, real or personal, are transmitted to
his heirs.
4. His civil liability passes to the heirs up to the extent
of their inheritance.
country
with
which
this
Government
has
no
Act No. 3326(as amended by Act No. 3585, Nov. 27, 1929 and
Act No. 3763, Nov. 23, 1930), Periods of prescription for
violations of Special laws and Local ordinances:
i. For offenses punished by fines
1 year
4 years
8 years
12 years
v. Tax evasion
5 years
2 months
time
during
which
he
has
undergone
preventive
Whenever
an
accused
has
undergone
preventive
released
immediately
without
prejudice
to
the
conditions
imposed
therein
otherwise,
his
non-
Art.
96.
Effect
of
commutation
of
sentence.
The
treatment
program
suitable
to
an
individual prisoner.
2.
Segregation
is
the
principle
of
separating
Diversification
providing
varied
programs
and
is
an
and
physical
administrative
flexible
plants
device
types
of
for
more
of
treatment
effective
work
release
programs,
or
community
Responsibility
Model:
Involves
minimal
prison,
that
experience
is
pointed
towards
Philippine Probation
The first probation law in the Philippines was Act 4221 but
this was declared unconstitutional by the Supreme Court in
the case of People v. Hon. Vera, 37 O.G. 164, on the ground
that it violates the principle of equality.
PD 968 was passed during martial law by Pres. Marcos,
based on the draft of Assemblyman Teudulo Natividad,
considered as the father of Philippine probation.
Probation is only available once and this may be availed only
where the convict has not perfected an appeal.
Mandatory conditions:
Discretionary conditions:
The trial court which approved the application for probation
may impose any condition which may be constructive to the
correction of the offender, provided the same would not
violate the constitutional rights of the offender and subject to
this restrictions:
The conditions imposed should not be unduly restrictive of
the probationer, and
Such condition should not be incompatible with the freedom
of conscience of the probationer.
Benefits of Probation:
A. Probation protects society:
1. from the excessive cost of detention
2. from the high rate of recidivism of detained offenders
B. Probation protects the victim:
1. It provided restitution
2. It preserves justice
C. Probation protects the family:
1. It does not deprive the wife and the children of husband
and father
2. It maintains the unity of the home
D. Probation assist the government :
1. It reduces the population of prisons and jail
offenders
while
undergoing
treatment
and
PAROLE
The term parole was first used by Dr. S. G. Hawe in an 1846
letter to the Prison Association of New York, referring to the
early release of a prisoner who has earned sufficient number
of good time credits. Its root word is the French parle
which means word, and places an inmate to honor his word
that he will not commit further crimes and shall bind himself
to the conditions of his early release once granted liberty.
The practice is distinctly European, unlike probation, which
is of American origin. The predecessor of parole can be
traced back to the systems first established by the following
pioneers:
1. Alexander Mocanochie Superintendent of the penal
colony at Norfolk Island in Australia (1840) who introduced
the Mark System - a system in which a prisoner is required
to earn a number of marks based on proper department,
DETERMINATE
SENTENCE
VS.
INDETERMINATE
SENTECE
The development of Parole marked the decline of
determinate sentencing which is characterized by flat
prison terms without possibility of early release.
In indeterminate sentencing, the prisoner may earn
an early release by observing good conduct and other
time allowances in his favor, thus placing the offender
directly
responsible
for
his
early
release
by
judgment
at
the
time
of
the
approval
of
PHILIPPINE CORRECTIONS
In the Philippines, tribal traditions, customs and
practices pervaded during the Pre-Hispanic period.
There were also laws that were written which includes
the Code of Kalantiao promulgated in 1433 the most
extensive
and
severe
law
that
describes
harsh
their
own
laws
to
the
conquered
What is a PRISON?
2.
Detention
Prisoner:
detained
for
investigation,
They
are
prisoners
under
the
custodial
by
investigation.
the
RTC
and
under
Preliminary
to
industrial
shops
with
in
the
prison
the
Medium
Security
Prison
(Camp
by
virtue
of
EO
292
during
the
Aquino
and
control
of
all
national
prisons
or
Correctional
Inst.
for
Women
&
Children
(Mandaluyong)
4. The Different Penal Colonies:
i.
Sablayan
Penal
Colony
and
Farm
(Occ.
Mindoro)
ii. Iwahig Penal Colony and Farm (Palawan)
iii. Davao Penal Colony and Farm (Davao)
iv.
San
Ramon
Penal
Colony
and
Farm
(Zamboanga)
v. Ilo-ilo Penal Colony and Farm (Ilo-Ilo Province)
vi. Leyte Regional Prison (Abuyog, Leyte)
In
1940,
this
was
transferred
to
City Jail.
for
Women)
located
at
Welfareville,
other
items
classified
as
contraband
are
Giving
the
prisoners
booklet
of
rules
and
which
might
be
spread
to
the
prison
population.
.
JAILS
Jails may be places for holding detainees who are awaiting
trial
or investigation
of
their cases
or a
facility
for
used
for
temporary
confinement
of
an
employment
of
prisoners,
remedial
services
and
Republic
Act.
No.
9263
(The
BFP
and
BJMP
Formulate
policies
and
guidelines
on
the
Plan
the
program
funds
for
the
subsistence
allowance of offenders;
4. Conduct researches, develop and implement plans
and programs for the improvement of jail services
throughout the country.
division;
Logistics
Division;
Finance
Public
Information
Office;
Legal
Office;
designated
Provincial
Jail
Administrator
to
Personnel
Management
Branch
Assistant
of
of
fingerprints
and
photographs,
matters
such
as
budgeting,
financing,
Mess
Service
Branch
take
charge
of
the
of
escort;
or
transfer
to
other
penal
and
physical
examinations
and
provide
of
inmates
by
providing
them
job
some
visits,
referral
to
community