Institutional Correction (Week 2)

HISTORICAL PERSPECTIVES
Primitive Era

 Ordeal- It is a system of trial wherein innocence or guilt is determined

through the ability of the accused of being unscathed through dangerous
and painful test.
 Retaliatory or Blood feuds/ personal vengeance- It is a system of
punishment through Kin Policing (the family of the offended individual was
expected to assume responsibility for justice.) Punishment was carried out
by the victim personally, along with the help provided 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- “An eye for an eye and a tooth for a tooth.”
 Fines and Punishment- customs have exerted effort and great force among
primitive societies. The acceptance of vengeance in the form of payment
(cattle, food, personal services, etc) became accepted as dictated by tribal
traditions.

13th Century

 Securing Sanctuary- During this period, a criminal could avoid punishment

by claiming refugee in a church for period of 40 days.
 In England at about 1468, torture as a form of punishment became
prevalent.

16th Century

 Transportation- of Criminals in England was authorized. AT the end of the

century, Russia and other European Countries followed this system, It
partially relieved overcrowding of prisons.
 Transportation of Criminals was abandoned in 1835.
17th to late 18th Century

 Death Penalty became prevalent as a form of punishment.

 GAOLS (Jails) were common. These are pre-trial detention facilities
operated in England.
 GALLEYS were also used. These are long, narrow, single decked ships
propelled by sails, usually rowed by criminals, a type of ship used for
transportation of criminals in the 16th century.
 HULKS were commonly used-former warships used to house prisoners.
Abandoned warships were converted into prisons as a means to relieve
congestion of prisons. They were also called “floating hells”.

THE EARLY LEGAL SYSTEM

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 by them. In their chronological order, they are:

 Roman Laws
 Mohammedan or Arabic Laws
 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.

THE EARLY LEGAL CODES

The Babylonian and Sumerian Codes

 Code of Ur-Nammu ( 2050 BC)-Through archaeological diggings, scientist

have acknowledge that the first law system in the world belonged to the
 Mesopotamians, specifically the “Summerans”. One of the most ancient
legislators, Ur-Nammu, who was the ruler of the city of UR had a code
detailing the punishments for witchcraft, the escapades of slaves and
assault.
 Code of Eshhunna (1930 BC)- A Sumerian code which forbids accepting
money or objects “ from the hands of slave” or making loans (that is, any
transactions with a slave). Moneylenders are likewise forbidden from taking
hostages, whether free men or slaves.
 Code of Lipit-Isthar ( 1860 BC)- A more popular version the Sumerian Law
which chronicles the rights of citizen’s, marriages, successions, property
rights and penalties.
 Code of Hammurabi (1780 BC)- the Babylonian code that prescribes harsh
punishment. Punishments were calculated according to Lex Taliones- law of
retaliation. Death penalties ould also be imposed on crimes such as murder,
and several kinds of execution, depending on the nature of the crime.

Greek and Roman Codes

 Greek Code of Draco (621 BC)-In Greece, around 621 BC, the code of Draco
was enforced, a harsh code that provides the same punishment for both
citizens and the slaves as it incorporates primitive concepts. The penalty for
many offenses was death; so severe, that the word “draconian” comes
from his name and has come to mean, in the English language, as
“unreasonably harsh law”. The Draco laws were the first written laws of
Greece. These laws introduced the state’s exclusive role in punishing
persons accused of crime, instead of relying on private justice. Thus, the
Greek were the first society to allow citizen to prosecute the offender in the
name of the injured party.
 Solon’s Law (530 BC)- This law repealed Draco’s Laws and allowed capital
punishment only for a limited number of serious offenses, such as murder
or military or political offenses against the state. It also gave the right of
representation, of every person to claim redress on behalf of another to
whom wrong was being done.
  The Twelve Tables (450 BC)- Represented earliest codification of Roman
Law which was later on 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.
 Justininan Code (6th AD)-Emperor Justinian of Rome wrote his code of law.
This was an effort to match a desirable amount of punishment to all
possible crimes. However, the law did not survive due to the fall of the
Roman Empire but left a foundation of Western Legal Codes.

The French Code

 Burgundian Code (500 Ad)- Also known as Lex Burgundionum, published in

about 475 in Burgundy, now Southeastern France. The codification married
German to Roman Law as well as advancing other unique and novel aspects
of written private laws which influenced the course of the law of Europe.

The Secular Laws

 Secular Laws (4th AD)- were advocated by Christian Philosphers who

recognizes the need for justice. Some of the proponents of these laws were
St. Augustine and St. Thomas Aquinas. During this period, three laws were
distinguished;
o External Law ( Lex External)
o Natural Law ( Lex Naturalist)
o Human Law ( Lex Humana)

All of 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.

The Chinese Codes

 Qin Code- During the Chin or Qin Dynasty of 221-206 BC, the King of Qin
(aka Chin) manage to defeat most of the other Kings and was able to
 consolidate power over much of the modern-day territory of China. The
emperor of Chin heeded Han Fei’s (Han Fei Tze was a Chinese Jurist) advice
and consolidated his rule with a harsh penal code for all-the Qin Code (also
called the Chin Code). The Qin code eroded the Confucian base from which
most Chinese Law had benefitted to date.
 Han Code-In 206 BC, the Han Dynasty began and the Confucius legal policy
was reinvented with a vengeance and thereafter remaind as the “dominant
force” behind Chinese law right up 1949. The legal reform was led by the
benevolent spirit of Liu Pang (aka Liu Bang), emperor of China from 206-195
BC. He stated publicly that there were far too many laws. So he whittled it
down to three; prohibitions against murder, injury and theft.
 The Tang Code (Tanlu SHuyi)- developed during the dynasty of the ame
name, and as substantially revised in a second edition which issued in 637.
The code revised earlier existing Chinese Codes and standardized
procedures. For examples, there were only 2 ways to perform capital
punishment on a convicted criminal- beheading or hanging.
 The Ming Code-were a succession of consolidations of the criminal law in
China developed during the Ming dynasty of 1868-1644.
 The Qing Code- In 1644, Chinese law was again altered by the publication
of the Qing Code, the last of the great law codes of the Chinese dynasties.
Some Confucian features of the Qing Code included deference to the family
hierarchy where even the accidental death of an elder meant death.
Conversely, if a child curses an elder and the child was then beaten to
death, the punishment to the offender was relatively mild.

THE EARLY PRISONS

The word prison has found its roots from the Greco Roman word “Presidio”
from word “pre” means before and “sidio” means inside. The coined term
“presidio” is synonymous to fence, cave and or dungeon. The word presidio
started in the reign of King Hammurabi of Babylon in 1729 BC.
Even in the middle ages the term presidio became popular and was feared
at the height of the construction of big temples in the ancient Mesopotamia
called Ziggurats, in contrast to the building of royal Tombs in Egypt known as
Pyramids.

 Gulag of Banaue- The term gulag of Igorot tribes refers to where the refuse
is dumped, in simple term, a garbage heap, usually found in the mountain
creek or a crevice. In crucial times, the gulag was used as a prison. It had
wooden fence where criminals were imprisoned.
 Gulag of Germany- Infamous gulag prison of “Aleksandr Solzhenisyn” in
Germany was the place where thousands of Jews were slaughtered during
the reign of Adolf Hitler.
 Gulag of Russia- Correctional Labor camp known as “Insane Prison”
because even if prisoners survived death, certainly they becaome insane.
This is the most dreaded and feared prison at the time of Joseph Stalin
between 1934-1947.
 Mamertine Prison/ Carcere Mamertino (600 BC)- oldest known prison can
be traced to the Ancient Rome. Originally designed as a cistern for water.
 Chateau d’If (pronounced as shat-o-deef)- 1524- fortress that was built on
the rocky islet of IF, 2 miles off the French port of Marseilles. In 1580 it was
taken into use as a state prison for those convicted of serious political and
religious crimes.
 Bridewell Prison (1557)- the most popular workhouse in London which was
built for the employment and housing of English prisoner.
 Walnut Street Jail (1776)- was originally constructed as a detention jail in
Philadelphia was converted into a state prison and became the first
American Penitentiary.
 Devil’s Island ( Isla du Diable)- 1852- The most notorious prison in the
world in terms of the harshness of its regime and position. The island is
situated in the Atlantic off the coast of French Guiana.

THE WORLD’S WORST INFAMY PRISONS

 Historically speaking, prisons were made not for the reformation of the
offenders or violators of rules but it was intended for punishment of every
violators.

 Beastille Prisons- A fortress prison in Paris, France; Bastille was a symbol of

Royal absolution before the French revolution in 1370. Originally, it was
intended to augment the cities defense. In 17 th century, it was used as
prisons were hundreds of political prisoners were tortured and executed.
The known political leaders who were imprisoned in Bastille prisons were
Voltaire and Marquis de Sade, who were victims of ruthless persecutions.
On July 14, 1789, beginning of the French revolution, a ob in the nature of
People’s Power, stormed the building after commander Marqis de launay
refused to surrender, thereafter the mystic of Bastille was demolished and
on the 14th of July was set aside as French National Holiday since 1880 with
pomp and pageantry.
 Alcatraz Prison- It is an island in San Francisco Bay. It is the site of infamous
prison noted for its inhuman treatment and tortures. The island as
discovered by the Spaniards in 1545 and in 1850, it was fortified and used
as military prisons. In the year 1933, it became a federal prison and it was
considred as escape proof because of its fortress-like structure and the cold
currents in the surrounding waters. The Alcatraz prison was closed in 1963,
not for the reason that there was an escape committed but because of
costs high cost of maintenance. Before it closed one of its known
personality prisoners known as the Godfather of Mafia family in the person
of Al Capone.
 Sachsenhausen Prison- Built in 1939 outside the Berlin proper as
Germany’s concentration camps for the dreaded Naz’s SS elite force. Its
notoriety became famous when it was transformed into gas chambers
wherein by conservative estimates more than hundred thousands of people
died mostly of Jew descent.
 Auschwitz Prison- Built by Germans near Cracow Poland, it was popularly
known as the Death camp headed by Rudolf Hoess. More than 2 million
innocent victims perished either by torture, mayhem or gas chamber in this
 infamous dreaded concentration camp. The tale of blood and tears by the
account of Polanders can fill a thousand Olympic size swimming pool.
 Toul Sleng Prison- One of the most notorious prisons in Cambodia that
humbled even the killing field in Battambang province. It is Toul Sleng
prison. It looks like a mountain size file of human skull and bones. A grim
reminder of the dreaded reign of Polpot. Terror was present during the
reign of Polpot in Cambodia. The rich elite, the learned professionals, and
persons with callings regardless of gender can proved disastrous to the
social structure of the country.
 Insein Prison-Insein Prison is situated in Rangoon Burma, now Myanmar.
AT the height of political unrest the country’s stability was under siege. The
insein prison is a pygmy in size compared with other prison in western
countries, but it became the focus of world attention when political
dissents were placed behind bars. Human rights international advocates
further inflamed the world’s outrage when the daughter of assassinated
general Aung San, who planned a Coup de etat and the father of known
Democratic fighter in Myanmar in the person of Suu Kyi was imprisoned for
advocating freedom and democracy on their land.

DEVELOPMENT OF PRISONS
Early punishment in the form of execution was barbaric. This included
offenders being thrown to prisons with wild animals, staked out in the sun with
eyelids propped-open, stoned, disemboweled, dismembered, flogged and even
crucified.

 The Walnut Street Jail- Originally, constructed as a detention jail in

Philadelphia. It was converted into a state prison and became the first
American penitentiary. It became the first United State penitentiary system.
When legislation was passed, provisions were made to establish the principle
of solitary confinement, strict discipline, productive work and segregation of
the dangerous offenders.
 The Auburn System (New York)-is also known as the “Solitary Confinement”
method of dealing with prisoners during 19 th century. Prisoners works during
 the day in groups and were kept in solitary confinement at night, with
enforced silence at all times. Among its features was the confinement of the
prisoners in single cell at night and congregate work in shops during day time.
A complete silence was strictly enforced. The system was considered as the
most effective and advantageous because, it has been observed that the
prisoners can finish more articles when they work together as a group rather
than working alone in their individual cells.
Characteristics:
1. Complete Silence- Silence was the biggest factor in the line of rules prisoner
had to follow. This lack of speaking takes way the prisoner’s “sense of self”.
When the sense of self was taken away, many convicts became complacent
and obedient to the warden’s wishes.
2. Locked in Group- prisoners marched in unison and had to lock their arms to
the convict in fornt of them. The prisoners had to look to one side and were
not allowed to look at the guards or the other inmates.
3. Stripped Clothing-clothing of the auburn state prison was very simple:
grayish material with horizontal stripes.
4. Corporal Punishment- the use of lash and flogging (whipping), use of “the
yoke”-iron bars around the neck and arms of the prisoner.
 The Pennsylvania Prison- This is the rival penitentiary system of the Auburn. It
is also known as the “Separate System” or “Solitary Confinement System”
established at the Eastern State of the United States. The system was used to
encourage separation of inmates from one another as a form of rehabilitation.
Its features consists a solitary confinement of the prisoners in their own cell
day and night where they lived, slept, received religious instructions and read
the bible. Silence also strictly observed.
Characteristics:
1. Separate system prison includes a central hall, with several (from 4 to 8)
radiating wings of prison blocks, separated from the central hall and from
each other by large metal bars.
 2. Prison blocks are visible to the prison staff positioned at the center,
individual cells cannot be seen unless the staff enter individual prison
blocks. This is in contrast to the “Panoptican” prisons.
3. Prisoners are incarcerated in separate system prisons were reduced to
numbers, their names, faces and past histories eliminated.
4. The guards charged with overseeing these prisoners knew neither their
names nor their prisoner’s crimes, and were prohibited from speaking to
them.
5. Prisoners were hooded upon exiting a cell, and even wore felted shoes to
muffle their footsteps.
6. Silence was completely enforced at all times.

BRIEF HISTORICAL ACCOUNT OF CORRECTION IN THE PHILIPPINES

 1847- Old Bilibid Prison on Oroquita Street in Manila, was established. It

was formally opened on April 10, 1866 by a Royal Decree.
 1870- San Ramon Prison and Penal Farm in ZAmboanga City was
established.
 1905- Buraru of Prison was created under the Reorganization Act of 1905. It
re-establishment of San Ramon Prison in 1907, which was destroyed in
1898 during the Spanish-American War.
 1907- Iwahig Prison was converted as a Penal Colony and became the
Iwahig Penal Colony and Farm by virtue of Act No. 1733.
 1929- Correctional Institution for Women was created under Act No. 3579.
 1932- Davao Penal Colony was reopened under Act. No. 3732.
 1935- New Bilibid Prison was established in Muntinlupa, Rizal.
 1954- Sablayan Penal Colony located in Occidental Mindoro was
established.
 1972- Leyte Regional Prison, situated in Abuyog, Southern Leyte was
established by virtue of PD no, 28.
 2007- Correctional Institution for Women Mindanao became Operational.
PUNISHMENT AND THE CRIMINAL
Punishment is the redress that the state takes against an offending member
of society that usually involves pain and suffering. It is also the penalty imposed
on an offender for a crime or wrongdoing.

Early Form of punishment:

 Death- affected by burning, beheading, drowning, hanging, breaking at the

wheels, pillory and other forms of medieval executions.
 Torture- affected by flogging, maiming, mutilation, branding, pillory and
other inhumane or barbaric forms of inflicting pain.
 Social degradation- putting the offender into shame or humiliation.
 Banishment or exile- the sending or putting away of an offender which was
carried out either by prohibition against coming into a specified territory
such as an island to where the offender has been removed.
 Other similar forms of punishment like Transportation and Slavery.

Medieval forms of punishment

 Iron Maiden- a box like device with the front half-hinged like a door so that
a person could be placed inside; when the door was shut, protruding spikes
both back and front entered the body of the victim.
 The Rack- a kind of device that drags apart the joints in the feet and hands.
 Tower of London- Originally built as a fortress for defense of the city. This is
a infamous symbol for such a cruel punishment. It was there that an even
more torturous contraption was developed. Where the rack stretched its
victims, this machine compressed the body of the victims; it is more
dreadful and more complex than the rack. The whole body is bent that
some blood exudes from the tips of the hands and feet.