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Viernes, Belinda O

CA-Institutional Correction
Prelim Period

1. In not less than 150 words, give the historical background of the correction
system in the Philippines.

In the late 1980s, institution for the confinement of convicts and the
detention of those awaiting trials included a variety of national prisons and penal
forms as well as numerous small and local jails and lockups. The national prisons
housed more serious offenders, and those serving short-term sentences were
held in local facilities. The prison system at national level was supervised by the
Bureau of Prison of the Department of Justice. The Bureau was responsible for
the safekeeping of prisoners and their rehabilitation through general and moral
education and technical training in industry and agriculture. The nation’s largest
prison was the National Penitentiary at Muntinlupa, Rizal Province, near Manila,
Which operated the Manila City Jail. It was divided into two camps to separate
those serving maximum and minimum penalties. The Correction for Women was
located in Metropolitan Manila. Some of the prison inmates were eligible for
parole and probation. Before serving sentence, felons, who were not charged
with subversion and insurgency, or had not been on probation before, could
apply probation.
2. What is your understanding about the Criminal Justice System of the
Philippines? Identify the function of PCJS.

The criminal justice system of the Philippines (PCJS) is essentially the


system or process in the community by which crimes are investigated. Persons
suspected for an offense therefore are taken into custody, prosecuted because
each component has its own respective functions to perform as an institution or
as an integral part of another system aside from the criminal justice system.

Function of the Five Components in the Criminal Justice System

Law Enforcement – Its function is to conduct investigation committed by


a person, to arrest or detain violator of the penal law or an ordinance, to effect
the warrant issued by the court and to assist the complainant to file the case.
Prosecution – It’s a function is to evaluate the findings of the police
submitted to their office, to c preliminary investigation, to receive the complaint
filed by the victim and to be responsible to file information to the court and to act
as the legal prosecutor of the offended party.

Court – Its function is conduct a cross examination of the witness before


the issuance of the warrant either warrant of arrest or search warrant ; to conduct
arraignment and to hold trial before giving final decision of the court.

Correction – Is considered as the weakest component of the CJS. Its


function is to reform the convicted offender through the rehabilitation program
inside the correction. The function of the correction in our criminal justice system
is to reform the offender through the rehabilitation program such as giving
opportunity to every convicted offender to continue his study by way of vocational
program.

Community – The function of community pillar is to help and coordinate


the program of the government specifically on the maintenance of peace and
order.

3. Discuss the early form of punishment during the primitive time to the medieval
period.

We cannot negate the truth that society is judged, by how it treats its
prisoners and that the methods employed in the past were harsh in terms of
treatments of its prisoners. For those living in the twentieth century it may difficult
to envision the savage treatment of offenders in the past. The absence of Prison
and Jails or even courts and trials to hear the side of the offenders is difficult in
order to achieve fair judgment. Since everything from clothing to child-rearing has
changed with the times, so has our concept of “cruel and unusual” and along
with it our correctional practices. The torture, flogging and public humiliations that
characterized “correction” of the past conflict with today’s concept of the worth
of life and human dignity.

Blood feuds – Ancient culture developed the idea of justice based on


vengeance, retribution and compensation. When a crime is committed: the victim
is expected to dole out justice with his own hands. Punishment was carried out
by the victim personally, along with help provide by one’s family. The offender will
seek refuge to his family and friends; as a result of this system, blood feuds
developed.

Lex Taliones – It is important to remember that these formulations were


codes, not laws. Functionally; the system of social control was quite simple. On a
practical basis, personal retribution by the victim was still the dominant methods
of control. In fact the law of retaliation (Lex Taliones) against the offender is
reflected in the code of Hammurabi.

The Medieval Punishment – like ancient forerunners Europeans were very


brutal in the exercise of punishment such as: Knives, Axes, Whip, Barnacles,
collars and cuffs were commonly used to inflict punishment along with the
confinement in cold, dark, damp, vermin – infested dungeons. The three brutal
and ruthless medieval forms of punishment are:

Manorial Courts & Trial by Jury

The Manorial Court was the lowest court of law during the medieval period. All crimes
apart from serious crimes were dealt by the manorial court. A manorial court was held multiple
times during a year and it was mandatory for all the villagers to attend or else they had to pay a
fine. All men were divided into the groups of ten known as the tithing. Each tithing was given
the responsibility to make sure that no member of their group committed a crime and if one did
then other members had to make sure to bring him to the court. The person in charge of the
court was Lord’s Steward. There was a jury that consisted of twelve men chosen by the
villagers. It was the jury’s responsibility to collect evidence in order to decide whether the
accused was guilty or not. And if accused was found guilty the jury had to decide and they
then decided the punishment as well.

The King’s Court – Trial by Ordeal


The King’s court dealt with the serious crimes such as assault, murder and treason as these crimes
were considered as crimes against the King. The King’s court met several times in a year and had a
prominent role in the medieval crimes and punishment system. The accused had to face the trial by
ordeal in which their innocence or guilt was judged by subjecting them to unpleasant ordeals. These
ordeals were ordeals by fire, the ordeal by water and The ordeal by combat.

Medieval Punishment – Ordeal by Fire

During the ordeal by fire the accused had to walk a distance of around 9 feet either by holding a red
hot iron or over a red hot plough share. After that, their wounds were bandaged and they were asked
to appear before the court after three days. After three days their bandages were opened. In cases
where healing of wounds had started the accused were declared innocent, whereas in cases where
there were no signs of improvement the accused were pronounced guilty and were punished
according to their crime. It was thought that God intervened in order to save the innocent and with
God’s powers the healing of wounds started to take place.

Medieval Punishment – Ordeal by Water


In the ordeal by water, there were two kinds of ordeals. One was an ordeal by cold
water, whereas the other was an ordeal by hot water. In the ordeal by cold water, hands
and feet of the accused were tied together and they were thrown into the water. If they
started floating, it meant that they were innocent but if they sank they were declared
guilty. During ordeal by hot water the accused had to dip their hands in a kettle with
boiling water and had to pick a stone from depth. After three days their wounds were
judged. In case of healing signs they were considered innocent anything else mean’t
they were guilty.

Medieval Punishment – Ordeal by Combat

In case of ordeal by combat the two parties in dispute had to fight. It was mostly done when one party
was accused by the other, but there were no witnesses or confessions. The winner of the fight was
declared innocent. It was one of the most common methods employed by the judiciary during the
middle ages

Brank Torture Divice - The Branks torture device also widely known as the Scold's
Bridle and the Gossip's Bridle was used for minor crimes in cases where humiliation was the
intended punishment
Brazen Bull Torture Device - The Brazen Bull torture device originated in
Greece. The Brazen Bull was made of Bronze. Victims were heated alive inside the Brazen
Bull. See Brazen Bull images, learn Brazen Bull Facts and information.

Crime and Punishment - Medieval Crime and Punishment was fairly inconsistent
and quite severe compared to today. Minor medieval crimes were dealt with by humiliation
whereas severe medieval crimes were punished by torture and death.

Garrotte Torture Device - The Garrotte device used to kill people is a more basic
weapon than the Garrotte torture device that was made by the Spanish and used on Heretics
during the Spanish inquisition. 

Iron Maiden – The Garrotte device used to kill people is a more basic weapon than
the Garrotte torture device that was made by the Spanish and used on Heretics during the
Spanish inquisition.

Judas Cradle Torture - The Judas Cradle was invented in the 16th century towards
the end of the medieval period, it was of the new brand of particularly gruesome medieval
torture devices that had been invented during this period.  

Medieval WitchCraft - There were different attitudes to witchcraft during different


medieval periods. Medieval witchcraft was not tolerated in some medieval times and was
punished with a death sentence, at other medieval times people were more tolerant of
medieval witchcraft.

Pear of Anguish - Medieval Torture devices such as The Pear were used to obtain
confessions from medieval women who were accused of being witches and similar, however
the Pear Torture device was so brutal that the victim was usually killed.

Strappado Torture Device - The strappado torture device was used extensively
during the Inquisition's. The strappado torture device was used to gain confessions from
heretics, it was designed to stretch and dislocate its victims limbs and was of a simple design.

The Scavenger Daughter’s - During the medieval times in Europe, a wide range
of medieval torture devices were used for different purposes. Some of these devices were
frequently used during the Spanish Institution and after it. However, there was also a category
of lesser used medieval torture devices. One of these devices was called Scavenger’s
daughter and it was mainly used in England.
He Spanish Inquisition – The Spanish Inquisition was a legal system used by
Catholic Monarchs/Catholic Church to identify, suppress and punish non-believers who were
called heretics.

The Stocks - The stocks torture device was used in medieval times to humiliate petty
criminals, unlike the other medieval torture devices the stocks torture device purpose was not
to kill the victim but to humiliate them.

Thumbcrew Torture - Thumbscrew was a tool that was commonly used for


getting confessions of victims.

Torture Rock Torture Device - The torture rack was a popular and varied type of
device used for medieval torture, this gruesome torture rack would pull the joints clean out of
their sockets.

Vlad Impaler - Vlad the Impaler was probably one of the most evil people in History,
his rule was around the late medieval period. Vlad the impaler was famous for the way he
impaled people on spikes.

Worst Medieval Torture - Worst Torture in Medieval Times - Not only criminals but
innocent people were also often tortured, as during the Spanish Inquisition. Under these
circumstances, medieval Europe saw the invention of a number of the worst torture tools
imaginable.

4. How do you define correction? Correction as a process?

In the general sense correction is the act or an instance of making right


what is wrong.The action or process of correcting something.

5. Explain the origin word of “Prison”.

The word “prison” first appears in English in the early twelfth century and
was derived from the Old French “prisoun” meaning “captivity, imprisonment;
prison; prisoner, captive.” The Vulgar Latin “preson” was altered by the
influence of “pris” meaning “taken” when it was borrowed by Old French. The
Vulgar Latin was based on the Latin “prensionem” meaning “a taking” which is
from the past participle stem of “prehendere” meaning “to take.”

6. How do you explain the Gulag of Banaue, Gulag of Germany and Gulag of Russia.
The Gulag in East Germany: Soviet Special Camps, 1945–1950 is the real story of
what happened to thousands upon thousands of German victims of Stalinism who were
incarcerated in special camps called  Spezlager in the Soviet zone of occupation and abroad.
The Spetzlager  were under the direct control of the Soviet central camp administration in the
eastern occupation zone of Germany. The Red Army’s hold over most of Eastern Europe in
1944–1945 permitted Soviet dictator Joseph Stalin and the Soviet secret security services to
project their political power beyond the USSR’s traditional borders to construct a socialist
society that mirrored their own. In addition to building new camps, the Soviets used former Nazi
concentration camps such as Buchenwald and Sachsenhausen for the detainment of political
prisoners where ultimately tens of thousands perished.

7. What is the word’s worst infamy prison?

8. Elaborate the development of prisons?


9. Describe the school of penology from classical to positive to neoclassical.
10. In the modern system of penology, discuss the following:

a. Purpose of confinement
b. Basic principles of correction.
11. What is your understanding about the following terms: prison; competent authority; inmate;
detainee; death convict; superintendent; carpeta and prison record?
12. Disuss the status of an inmate as affected by appeal.
13. Provide the legal definition of jail.
14. Discuss the origin the word jail.
15. What are the types of the jail? Differentiate each type.
16. What are the existence of BJMP?
17. State the mission, objectives and principles of the jail bureau.
18. What are the core values of BJMP?
19. What are the qualification of BJMP key position :Chief, BJMP down to the Municipal Jail
Warden/wardress?
20. Who are the authorities authorized to commit a person to jail.
21. What are the two categories of inmates?
22. Elaborate the classification prisons?
23. How would you classify the detainees?
24. Identify the classification of inmates according to security rick.
25. What are the requirements for committing a person to jail?
26. What are the procedures when committing an inmates to the BJMP’s jail facilities?
27. Identify the acts which are strictly prohibited to be committed by an inmate.
28. How are special need or unusual offenders treated in jail?
29. Discuss the security and control mechanism of a jail.
30. What are the duties of the custodial force?

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