Institutional Correction Midterm
Institutional Correction Midterm
Institutional Correction Midterm
1. QUAKERS
- Are religious group which has a strong pacifist and nonviolent ideology as a part of their
faith. The best known quaker in America were William Penn and Richard M. Nixon.
- Inmates claiming to have some legal knowledge who counsel and assist other inmates in
preparation of legal document.
History has shown that there are three main legal systems in the world, which have been
extended to and adopted by all countries aside from those that produced them. In their
chronological order, they are the Roman, the Mohammedans or Arabic and the Anglo-
American Laws. Among the three, it was Roman law that has the most lasting and most
pervading influence.
The Roman private law (which include Criminal Law), especially has offered the most
adequate basic concepts which sharply define, in concise and inconsistent terminology,
mature rules and a complete system, logical and firm, tempered with a high sense of equity.
1. Code of King Hammurabi (Hammurabi Code) (also known as the Codex Hammurabi and
Hammurabi's Code),
- credited as the oldest code prescribing savage punishment, but in fact, Sumerian codes
were nearly one hundred years older.
- created ca. 1780 B.C.E., is one of the earliest sets of laws found and one of the best
preserved examples of this type of document from ancient Mesopotamia.
- The code is a collection of the legal decisions made by Hammurabi during his reign as
king of Babylon, inscribed on a stele, a large stone monument, and placed in a public place
so that all could see it
- is best known for the promulgation of a new code of Babylonian law: the Code of
Hammurabi.
- This Law was written before the Mosaic Code and was one of the first written laws in the
world. The code of Hammurabi contained 282 laws, written by scribes on 12 tablets.
The Justinian code is also called as Code of Justinian, Codex Justinianus, Codex Vetus (“Old
Code”), and Codex Iustinianus Repetitae Praelectionis.
– represented the earliest codification of Roman law incorporated into the Justinian Code. It
is the foundation of all public and private law of the Romans until the time of Justinian. It is
also a collection of legal principles engraved on metal tablets and set up on the forum.
– In Greece, the Code of Draco, a harsh code that provides the same punishment for both
citizens and the slaves as it incorporates primitive concepts (Vengeance, Blood Feuds). The
Greeks were the first society to allow any citizen to prosecute the offender in the name of
the injured party.
4th A.D – Secular Laws were advocated by Christian Philosophers who recognizes the need
for justice. Some of the proponents these laws were St. Augustine and St. Thomas Aquinas.
During this period, three laws were distinguished: External Law (Lex External), Natural Law
(Lex Naturalis), and Human Law (Lex Humana). All these laws are intended for the common
good, but the Human law only becomes valid if it does not conflict with the other two laws.
In the 13th C, a criminal could avoid punishment by claiming refugee in a church for a
period of 40 days at the end of which time he has compelled to leave the realm by a road or
path assigned to him.
4. 16TH CENTURY
Transportation of criminals in England was authorized during the 16th century. At the
end of the century, Russia and other European Countries followed this system. It partially
relieved overcrowding of prisons. Transportation was abandoned in 1835.
GAOLS (Jails) were common. These are pre-trial detention facilities operated by English
Sheriff.
GALLEYS were also used. These are long, low, narrow, single decked ship propelled by sails,
usually rowed by criminals, a type of ship used for
HULKS - decrepit transport, former warship used to house prisoners in the 18th and 19th
century. These were abandoned warships converted into prisons as means of relieving
congestion of prisoners. They were also called “floating hells”.
- 18th Century is a century of change. It is the period of recognizing human dignity. It is the
movement of reformation, the period of introduction of certain reforms in correctional field
by certain person, gradually changing the old positive philosophy of punishment to a more
humane treatment of prisoners with innovation programs.
- the only early Roman place of confinement, which is built under the main sewer of Rome
in 64 B.C
- The most popular workhouse in London which was built for the employment and housing
of English prisoners.
- London’s Bridewell Prison was the location of many “firsts” in penology. For the first time
in world history, imprisonment at hard labor was substituted for corporal or
capital punishment, which is the very definition of a penitentiary.
- was originally constructed as a detention jail in Philadelphia was converted into a state
prison and became the first American Penitentiary.
- the first prison built in the United States to use individual cells and work details.
- It was located on Walnut Street, where it acquired the name Walnut Street Jail.
- It was designed by Robert Smith. He was one of the most prominent architects in
Philadelphia.
- The prison was overcrowded and dirty, and inmates attacked each other regularly.
Although known as the new gate prison, it was not a real prison but an abandoned cooper
mine located at Simsbury Connecticut, the inmates were confined underground, and were
considered A BLACK HOLE OF HORRORS, which really belong to barbaric past.
The first juvenile reformatory was the New York house of refuge, which was opened in
January 1825. The first U.S. prison exclusively for women is known as the MOUNT PLEASANT
FEMALE PRISON, was established in 1837 in Ossining, New York.
- a short term correctional programs resembling some aspects of military basic training.
Serves as an alternative to long term traditional incarceration. Its targets younger offenders
who resist authority and refuse to listen or learn in traditional classroom or treatment
environments. The usual length of incarceration in boot camps ranges three to six months.
-The GEORGIA DEPARTMENT OF CORRECTIONS officially established the first boot camp in
1983.
- William Penn fought for religious freedom and individual rights. He is the first leader to
prescribe imprisonment as correctional treatment or major offenders. He is responsible for
the abolition of death penalty and torture as a form of punishment.
2. ISAAC NEWTON
3. JOHN LOCKE
- Charles Montesiquieu was a French historian and philosopher who analyzed law as an
expression of justice.
- He was the most versatile of all philosophers during this period. He believes that fear of
shame was a deterrent to crime.
- He wrote an essay entitled “An Essay on Crimes and Punishment”, the most exciting essay
on law during this century. It presented the humanistic goal of law.
7. JEREMY BENTHAM (1748-1832)
- He was one of the greatest of leaders in the reform of English criminal law. He believed
that whatever punishment designed to negate whatever pleasure of gain the criminal
derives from crime; the crime would go down. Bentham was the one who devise the
ultimate PANOPTICAN PRISON – a prison that consist of the large circular building
containing multi cells around the periphery. It was never built.
8. JOHN HOWARD (1726-1790)
- He was sheriff of Bedsfordshire in 1773, who devote his life and fortune prison reform.
After his finding on English Prisons, he recommended the following: single cells for sleeping,
segregation of women, segregation of youth, provision of sanitation facilities, and abolition
of fee system by which jailers obtained money from prisoners.
9. ALEXANDER MACANOCHIE
- Introduced the “Mark System”. A system in which a prisoner is required to earn a number
of marks based on proper department, labor and study in order to entitle him for a ticket for
leave or conditional release which is similar to parole.
10. MANUEL MONTESIMOS
- the (1835) who divided the number of prisoners into companies and appointed certain
prisoners as petty officers in charge, which allowed good behaviour to prepare the convict
for gradual release.
- The Director of the English prison who opened the Borstal Institution for young offenders.
- The Borstal Institution is considered as the best reform institute for young offenders today.
- He is the Director of the Irish Prison in 1854 who introduced the irish system that was
modified from the Mocanochie’s mark system.
- The Director of the Elmira Reformatory in New York (1876) who introduced certain
innovational programs like the following: training school type, compulsory education of
prisoners, casework methods, extensive use of parole, indeterminate sentence.
The Elmira Reformatory is considered forerunner of modern penology because it had the all
elements of a modern system.
- he is the Director of Federal Bureau of Prisons who wrote about the closing of the Alcatraz
Prison.
- he pioneered the classification to separate women and children from hardened criminals.
OTHER PERSONALITIES
1. LOUIS DWIGHT (1793-1854)
- Organized the prison discipline Society of Boston. He was the most vocal advocate of the
Auburn system, and a director of the prison discipline society of Boston from 1825-1854,
was the best source of information about the era of American prisoners.
2. SANFORD BATES (1884-1972)
3. ROBERT STROUD (1890-1963)
- She was the first superintendent for the new women’s federal prison at Alderson, west
Virginia.
Congregate System - Provided for prisoner confinement in separate cells but brought the
inmates together into congregate workshops
- The prisoners are confined in their own cells during the night and congregate work in
shops during the day.
- Prisoners are confined in single cells day and night where they lived, they slept, and they
ate and receive religious instructors.
ü Considered as the forerunner of modern penology located in Elmira, New York, 1976. It
features a training school type of institutional program, social case work and extensive use
of parole.
ü It had all the elements of modern correctional system among which were a training
school type, education and extensive use of parole based on the indeterminate sentence.
ü This institution was considered innovative in its use of “good time” credits to increase
inmate compliance and productivity, thereby decreasing the length of time served in prison.
The Philippines is one of the many countries that came under the influence of the Roman
law. History has shown that the Roman Empire reached its greatest extent to most of
continental Europe such as Spain, Portugal, French and all of Central Europe.
Eventually, the Spanish Civil Code became effective in the Philippines on December 7, 1889,
the “Conquistadores”. The “Kodigo Penal”(now Revised Penal Code) was also introduced
promulgated by the King of Spain. Basically, these laws adopted the Roman law principles
(Coquia, 1996).
Mostly tribal traditions, customs and practices influence laws during the Pre-Spanish
Philippines. There were also laws that were written which includes the Code of Kalantiao
(promulgated in 1433) – the most extensive and severe law that prescribes
harsh punishment, and the Maragtas Code (Datu Sumakwel).
- It is divided into two sections the Carcel Section which could accommodate 600 inmates
and the Presidio, which could accommodate 527 prisoners.
- The remnants of the old facility was used by the City of Manila as its detention center then
known as Manila City Jail. famous as the “May Halique Estate”.
- In 1941 the new facility was officially named "The New Bilibid Prison".
· Tomoyuki Yama**a
- commander of the Japanese Imperial Army in the Philippines in 1944 - Incarcerated while
undergoing trial for war crimes; eventually executed by hanging in Los Baños on February
23, 1946.
In 1936, the City Manila exchanges its Muntinlupa property with the Bureau of Prisons
originally intended as a site for boys’ training school. Today, the old Bilibid Prison is now
being used as the Manila City Jail, famous as the “May Halique Estate”.
PRISONS AND PRISONERS
· What is Prison?
- A building, usually with cells, or other places established for the purpose of taking safe
custody or confinement of criminals.
- A place of confinement for those charged with or convicted of offences against the laws of
the land.
· Who is a PRISONER?
- is a person who is under the custody of lawful authority. A prisoner is also a person, who
by reason of his criminal sentence or by a decision issue by a court, may be deprived of his
liberty of freedom.
- is any person detained/confined in jail or prison for the commission of a criminal offence
or convicted and serving in a penal institution.
1. DETENTION PRISONERS
- They are detainee in lock up jail or prisoners under the jurisdiction of the Courts.
2. SENTENCED PRISONERS
- offenders who are committed to the jail or prison in order to serve their sentence after
final conviction by a competent court.
- Those sentence to suffer a term of imprisonment cited above but appealed the judgement
and unable to file a bond for their temporary liberty.
2. PROVINCIAL PRISONERS
- those people sentenced to suffer a term of imprisonment from 6 months and 1 day to 3
years or fined not more than 1,000 pesos, or both; or those detained therein waiting
preliminary investigation of their cases cognizable by the RTC.
3. CITY PRISONERS
- those sentenced to suffer a term of imprisonment form 1 day to 3 years of a fine of not
more than 1,000 pesos or both.
- Those detained therein whose cases are filed with the MTC.
- Those detained therein who cases are cognizable by the RTC and under preliminary
investigation.
4. MUNICIPAL PRISONERS
- Those detained therein who trials their cases are pending with the MTC.
CLASSIFICATION OF DETAINEES
INMATES SECURITY CLASSIFICATION
- those who require increased security based on intense media coverage or public concern
as a result of their offense such as but not limited to those who have been involved in a
highly controversial or sensationalized crime or those who became prominent for being a
politician, government official, multi-million entrepreneur, religious or cause-oriented group
leader and movie or television personality.
- those who are considered highly dangerous and who require a greater degree of security,
control and supervision because of their deemed capability of escape, of being rescued, and
their ability to launch or spearhead acts of violence inside the jail. This includes those
charged with heinous crimes such as murder, kidnapping for ransom, economic sabotage,
syndicated or organized crimes, etc. Also included are inmates with military or police
trainings or those whose life is in danger or under imminent threat.
- a target, either a resource or a person, who may either be an enemy combatant, high
ranking official or a civilian in danger of capture or death, typically in possession of critical
intelligence, data, or authority marked as an objective for a mission and which a commander
requires for the successful completion of the same.
e. Subversive Group
- a group of persons that commits any of the following: piracy and mutiny in the high seas
or in the Philippine waters, rebellion or insurrection, coup d’état, murder, kidnapping and
serious illegal detention, crimes involving destruction, arson, hijacking, violation of laws on
toxic substances and hazardous and nuclear waste control, violations of atomic energy
regulations, anti-piracy and anti-highway robbery, illegal and unlawful possession,
manufacture, dealing in, acquisition or disposition of firearms, ammunitions or explosives.
- a person whose political or religious ideologies are considered far outside the mainstream
attitudes of the society or who violates common moral standards and who has adopted an
increasingly extreme ideals and aspirations resorting to the employment of violence in the
furtherance of his/her beliefs.
-those who represent a moderate risk to the public and staff. These inmates still require
greater security, control and supervision as they might escape from and might commit
violence inside the jail.
- those inmates who have lesser tendencies to commit offenses and generally pose the least
risk to public safety. In most cases, they may be first time offenders and are charged with
light offenses.
- It is a group of prisoners whose escape could be dangerous to the public or the security of
the state.
- It consist of constant trouble makers but not as dangerous as the super maximum-security
prisoners.
- Their movements are restricted and they are not allowed to work outside the institution
but rather assigned to industrial shops with in the prison compound.
- They are confined at the Maximum Security Prison (NBP Main Building), they wear orange
color of uniform. Prisoners includes those sentenced to serve sentence 20 years or more, or
those whose sentenced are under review of the supreme court, and offenders who are
criminally insane having severe personality or emotional disorders that make them
dangerous to fellow offenders or staff members.
- Those who cannot be trusted in open conditions and pose lesser danger than maximum-
security prisoners in case they escape.
- It consists of groups of prisoners who maybe allowed working outside the fence or walls of
the penal institution under guards or with escorts.
- They occupy the Medium Security Prison (Camp Sampaguita) and they wear blue color of
uniforms. Generally, they are employed as agricultural workers.
- It includes prisoners whose minimum sentence is less than 20 years and life-sentenced
prisoners who served at least 10 years inside a maximum-security prison.
- It is a group of prisoners who can be reasonably trusted to serve sentence under “open
conditions”.
- This group includes prisoners who can be trusted to report to their work assignments
without the presence of guards.
- They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear brown color
uniforms.
1. DETAINEE
- Those who have been previously committed as a sentenced prisoner for three times or
more except cases involving non-payment of fines, or those whose classification were
reduced from higher class.
- Newly arrived inmates committed for the first time, or demoted from the higher class or
promoted from a lower class.
4. FIRST CLASS INMATE
- One whose known character and credit for work while still in detention earned
classification to his class; or one who was promoted from lower class; and
5. COLONIST
- A classified first class inmate for at least one year immediately preceding his classification
as such, and has served with good conduct, at least one-fifth of his maximum sentence, or
has served seven years in case of life sentence.
- Constructed in 1847 by virtue of Royal Decree of the Spanish crown pursuant to sec. 1708
of the Revised Administrative Code. Operates in two satellite units, namely Camp Bukang
Liwayway (Minimum Security Prisoners) and Camp Sampaguita (Medium Security Unit and
Youth Rehabilitation center).
- created through the issuance of Administrative Order no. 8, series of 1953 of the
Department of Justice. It was patterned after the reception facilities of the California State
Prison. The RDC is an independent institution tasked to receive, study, classify all national
prisoners committed by final judgment to the National Penitentiary.
ELIZABETH FRY- first woman to advocate the rights of the woman inmates
- Rice production
- Rice production, Corn, copra, logs, minor forest products and cattle’s
- Enjoys the reputation of being one of the best open institutions all over the world.
- 36,000 hectares: SUB-COLONIES( sta. Lucia, Inawagan, Montible and Central Sub-colony)
- Created pursuant to act no. 3732 and Proclamation No. 414 series of 1931, established
January 21,1932
- Gen. Paulino Santos its founder and director of prisons led the first contingent
- Zamboanga City
- The prison was named after the founder Capt. Ramon Blanco of the Spanish Royal Army.
- Land area (1546 hectares) Its prime product is Copra and it also raises rice, corn, coffee,
cattle and livestock.
- Abuyog Leyte
- Created pursuant to proc. No. 1101, January 16, 1973
- Iloilo province
What is a JAIL?
What is a JAIL?
It is a place for locking-up of persons who are convicted of minor offences or felonies who
are to serve a short sentences 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 JAILS
2. ORDINARY JAILS
- is the type of jail commonly used to detain a convicted criminal offender to serve sentence
less than three years.
- a facility that houses minimum custody offenders who are serving short sentences or who
are undergoing constructive work programs.
- It provides full employment of prisoners, remedial services and constructive leisure time
activities.