Prelim Notes
Prelim Notes
Prelim Notes
INSTITUTIONAL CORRECTION
INSTITUTIONAL CORRECTIONS
CORRECTION – is that branch of the administration of criminal justice system
charged with the responsibility for
the custody, supervision, and rehabilitation of the convicted offender.
PENOLOGY - from the Greek words “Poine” which means Punishment and
“Logus” –
course or study of crime prevention, prison, reformatory management and
correction of criminals.
- Is the branch of criminology which deals with the management and
administration of inmates
INSTITUTIONAL CORRECTIONS
MODULE 1
PRELIMINARY DISCUSSIONS
HISTORY, ORIGIN OF PHILIPPINE CORRECTIONS
Module Overview
This module shall cover the interplay of criminology, penology and
criminal justice. The philosophy, theories and purposed of correction to
be discussed and legal terms are also involved.
Module Learning Outcomes
At the end of this module chapter, the student should be able to:
1. Define and discuss legal terms used in the study of Philippine
corrections.
2. Distinguish penalty from other forms of punishment.
3. Identify and discuss the early forms of punishment and the present
form of punishment.
4. Analyze the philosophy and concept of punishment to modern day
situations.
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Definition of terms
CORRECTION – is that branch of the administration of criminal justice system
charged with the responsibility for the custody, supervision, and rehabilitation of
the convicted offender.
PENOLOGY - from the Greek words “Poine” which means Punishment and
“Logus” – course or study of crime prevention, prison, reformatory management
and correction of criminals.
- Is the branch of criminology which deals with the management and
administration of inmates
PUNISHMENT
Punishment is defined as the redress that the state takes against an offending
member. It is inflicted by the
group incorporate capacity in one who is regarded as a member of the same group.
It involves pain or suffering produced
by design and justified by some value that the suffering is assumed to have. It is a
means of social control, a device to
cause people to become cohesive and induce conformity thus it is necessary to
restore moral equilibrium and for grounds
of social utility
PUNISHMENT -Punishment is defined as the redress that the state takes against
an offending member. It is inflicted by the group incorporate capacity in one who
is regarded as a member of the same group. It involves pain or suffering produced
by design and justified by some value that the suffering is assumed to have. It is a
means of social control, a device to cause people to become cohesive and induce
conformity thus it is necessary to restore moral equilibrium and for grounds of
social utility.
Punishment is a means of social control. It is a device to cause people to become
cohesive an to induce conformity. People believe that punishment is effective as a
means of social control but this belief is doubtful. There is no question, however,
that some forms of punishment are more effective in one society than in another.
For example, punishment in a small well-ordered community vengeance. S
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community, where people practically know everybody, is more effective in
inducing conformity obtain his red than in a highly mobile metropolitan city.
The general concept of punishment is that it is infliction of some sort of pain on the
offender for Later, an att violating the law. This definition is not complete in the
sense that it does not mention the condition philosophy under which punishment is
administered or applied. In the legal sense, it is more individual redress, or
personal revenge. Punishment, therefore, is defined as the redress that the state
takes against an offending member.
Punishment is restricted to such suffering as is inflicted upon the offender in a
definite way by, or in the name of, the society of which he is a permanent member.
Punishment must be intended clan dem and not accidental, to produce some sort of
justified suffering on the offender. It is essential that the offender should be
forcibly made to suffer and that society is justified in making him suffer.
Punishment is a form of disapproval for certain behaviors that is followed by
imposing a penalty Punishment makes the offender stigmatized and penalized. The
offender may or may not actually suffer, under the intentional application of
punishment, depending on the circumstances it is applied and the toughness of the
individual offender.
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Factors that contribute to make punishment the least effective means of
reducing crime:
1. The use of punishment for deterrence must avoid the over severity of application
that arose public sympathy for the offender.
2. Those persons most likely to be imprisoned are already accustomed to
experience deprivation and frustration of goals routinely in daily life.
3. It is impossible to fashion a practical legal “Slide Rule” which will determine
exact degrees of retribution appropriate for the list of crimes ranging from simple
theft to murder.
4. The simple application of naked coercion does not guarantee that the subject of
its force will alter their behavior to conform to new legal norms or to improve their
conformity with norms previously violated. 5. The possibility of deterrence varies
with the chances of keeping the particular type of crime secret and consequently of
avoiding social reprobation.
Justifications of Punishment
The theories or justifications or punishment vary from one stage of civilization to
another. The most common justifications of punishment are retribution, expiation
or atonement, deterrence, protection and reformation.
Retribution
In primitive days punishment of the transgressor was carried out in the form of
personal vengeance. Since there were no written laws and no courts, the victim of a
crime was allowed to obtain his redress in the way he saw fit. Oftentimes, the
retaliatory act resulted to infliction of greater injury or loss than the original crime,
so that the latter victim was perforce afforded his revere. Punishment therefore
became unending vendetta between the offender and the victim.
Later, an attempt was made to limit the retaliation to the degree of injury inflicted,
thus the philosophy of “an eye for an eye” evolved. During this period nearly all
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offenses that are now included in criminal codes as public crimes, were considered
private offenses for which the victims were allowed their redress through personal
vengeance.
There were a few offenses, however, which were regarded as crimes committed
against the native gods. People being then superstitious, believed that any
catastrophe that befell the group was a retaliation of an offended god. In order to
appease the offended god, the social group or clan demanded that the supposed
offended be banished or put to death. Witchcraft was considered a public crime
and person suspected of being a witch was tortured, banished or put to death.
Expiation or Atonement
This theory or justification of punishment was also advocated during the pre-
historic days. A sort of common understanding and sympathetic feeling developed
in the group. An offense committed by a member against another member of the
same clan or group aroused the condemnation of the whole group against the
offending member.
The group would therefore demand that the offender be punished. When
punishment is exacted visibly of publicly for the purpose of appeasing the social
group, the element of expiation is present Expiation is therefore, group vengeance
as distinguish from retribution which is personal vengeance.
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Punishment in Primitive Society
The most common punishment are death, physical torture, mutilation,
branding, public humiliation, fines, forfeiture of property, banishment, and later
on transportation and imprisonment; but each of these punishments has had forms.
Thus, death has been accomplished by flaying, crucifixion, beheading, impaling,
drowning and burning; physical torture are executed by flogging, dismemberment,
and starvation; public humiliation, stocks, pillory, docking, stools, branding, and
brands; and later Redress (Compensation) of a wrong act.
Retaliation (Personal Vengeance) – the earliest remedy for wrong act
to any one (in the primitive society). The concept of personal revenge by the
victim’s family or tribe against the family or tribe of the offender, hence “blood
feuds” was accepted in the early primitive societies.
Fines and Punishment – Customs has exerted effort and great force
among primitive societies. The acceptance of vengeance in the form of pay
(cattle, food, personal services, etc.) became accepted as dictated by tribal
traditions. As tribal leaders, elders and later kings became into power, they begun
to exert their authority on the negotiations. Wrongdoers could choose to stay away
from the proceedings (Trial by ordeal) but if they refuse to abide by law imposed,
they will be declared to be an outlaw.
TWO APPROACHES OF CORRECTION
1. Institutional Correction (Institution -based Correction)-rehabilitation or
correctional programs take place inside correctional facilities or institutions
such as national penitentiary or jails.
2. Non-Institutional Correction (Community -based Correction) rehabilitation
of correctional programs take place within the community. This is otherwise
referred to as community-based correction. Is this approach the convict will
not be placed or be released from correctional facility or jails.
COMMUNITY BASED CORRECTION
1.Probation
2. Parole
3.Pardon
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AGENCIES OF THE GOVERNMENT CHARGED WITH
CORRECTIONAL RESPONSIBILITY
1.Bureau of Correction (BuCor)
2. Bureau of Jail Management and Penology (BJMP)
3.Board of Pardons and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and sub-provincial Jails
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against coming into a specified territory, or a prohibition against going outside a
specified territory, such as an island to where the offender has been removed.
e. Other similar forms of punishment like transportation and slavery.
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c. Deterrence or Exemplarity – punishment gives lesson to the offender by showing
to others what would happen to them if they violate the law.
d. Protection – by placing offenders in prison society is protected from the further
criminal depredation of criminals.
e. Reformation – society’s interest can be best served by helping the prisoner
become a law-abiding citizen and productive upon his return to the community by
requiring him to undergo an intensive program of rehabilitation.
Constitutional Restrictions on Penalties
The Constitutional directs that “excessive fines shall not be imposed, nor cruel and
unusual punishment inflicted”. (Sec. 21 Art. IV, 1973 Constitutions of the
Philippines).
SCHOOLS OF PENOLOGY
1.Classical School – among its proponents included Beccaria, Rousseau,
Montesquieu and Voltaire, maintained the doctrine of psychological hedonism,
that the individual calculates pleasures and pains in advance of action and regulates
his conduct by results of his calculations. Hedonistic Calculus formulated by
Bentham, a great reformer of criminal law who worked out on precise
mathematical laws for the infliction of punishment.
2. Neo-Classical School – arose at the time of the French Revolution, maintained
that while the Classical Doctrine was correct in general, it should be modified in
certain details; since children and lunatics cannot calculate pleasures and pain,
they should not be regarded as criminals or be punished.
3. Positive School – denied individual responsibility and reflected an essentially
non-punitive reaction to crime and criminality. Since the criminal was held to be
not 0responsible for his acts, he was not be punished.
Theories Justifying Imposition of Penalty
1. Prevention Theory — the state must punish the criminal to prevent of suppress
the danger to the state arising from the criminal acts of the offender.
2. Self Defense Theory — the state has the right to punish the criminal as a
measure of self-defense so as to protect society from the threat and wrong
inflicted by the criminal.
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3. Reformation Theory — the object of punishment to the criminal cases to
correct and reform the offenders.
4. Exemplary Theory - the criminal is punished to serve as an example to deter
others from committing from committing crimes.
5. Justice Theory — the crime must be punished by the state as an act of
retributive justice a vindication of absolute right and moral law violated by the
criminal.
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MODULE 1
ORAL RECITATION(5 Points Each)
QUESTIONS:
1. What do you think could happened if there is no punishment? Enhance your knowledge.
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2. Do you know of other instances that will seize or stop criminals of committing a crime? Give
examples.
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3. What do you see as possible outcomes of abusing the correction rules and regulations?
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4. What was the turning point of becoming a criminologist on the implementation of Philippine
correction?
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5. Contrast the role of crime with the role of politics in the growth of corrections. Why is this
contrast an important.
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6. What advantages and disadvantages of establishing the systems concept of corrections?
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7. Distinguish penalty from punishment.
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8. What are the justification of punishment? Which do you consider as the most important?
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11. What is the most common system of correction that still exist which developed from early
century? Cite an example .
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DEVELOPMENT OF CORRECTIONS
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MODULE 2
Module Overview
This module shall cover the history of corrections, the different personalities and
events which are crucial in the development of today's modern correctional
thought.
Module Learning Outcomes
At the end of this chapter, the student should be able to:
1. Summarize the history and development of corrections.
2. Outline the significant developments of corrections that have changed the
landscape of corrections in an international scale.
3. Discuss some modern correctional practices and issues.
MODULE CONTENT
THREE “REVOLUTIONS” IN THE HISTORY OF CORRECTIONS
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CORRECTIONAL SYSTEM
The function of correction serves to rehabilitate and neutralize the deviant
behavior of adult criminals and juvenile delinquents. This component of the
criminal justice system faces a three-side task in carrying out the punishment
imposed on the convicted offender by the court, to deter, to inflict retribution, and
rehabilitate. The components of the correction effectuate their functions through
different programs, probation, commitment to an institution, and parole.
Prisons are a major stock in the moral order of the society. They
symbolize the ultimate instrument of punishment the state can wage against
those who renege on the social contract. Besides death, imprisonment remains
society’s most ominous response to the social disorder. Include among
the purposes of a civilized society are maintenance of law and order and
control of violence. To accomplish this purpose, deviant individuals are isolated.
EVOLUTION OF CORRECTIONS
Code of Hammurabi (1750 BC) - the first formal law dealing with the concept of
justice As Lex Taliones “An Eye for an Eye and a Tooth for a Tooth”.
Mosaic Law – allowed extreme punishments such as flogging or burning alive,
offenders are entitled to freedom from torture and admission of guilt is admissible
only when there is a confirmatory testimony from at least one witness.
King Ur-Nammu’s Code – decreed the imposition of restitution and fines of
execution, mutilation or other savage penalties. It holds the principle that offender
can be punished and victims can be paid by making the offender reimburse the
value of whatever damages as the result of crime.
Nicodemeans Ethics – written in 400 BC first publication that explains crime and
corrective justice stating that “Punishment is a mean of restoring the balance
between pleasure and pain”
509 BC – a law was passed prohibiting flogging or execution unless affirmed by
the Centuriated Assembly.
Underground cisterns – a form of prison used to detain offenders undergoing trial
in some cases and tohold sentences offenders where they were to be starved to
death.
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Ergastulum– Roman prison that was used to confine slaves where they were
attached to workbenches and forced to do hard labor in the period of their
imprisonment.
Justinian Code – Roman Emperor Justin put this code into law in 529 AD and
became the standard law in all the areas occupied by the Roman Empire
particularly Europe. This code was a revision of the Twelve Tables of Roman Law
that originated at about 500 BC stating every crime and penalties for every offense
listed in the said table.
Burgundian Code – code that introduced the concept of restitution but
punishment was meted according to the social class of the offenders. Offender had
to pay the specified value in order not to undergo physical sufferings as penalty.
Pope Innocent VIII (1487) – issued Papal Bull that allowed refugee offenders to
be driven out of the sanctuary if they used this for committing crimes but half
centuries later, many sanctuaries closed and those still remaining have refused to
accept offenders of serious crimes such as rape, murder and robbery.
Pope Leo I – 440AD was the first Pope to fully expressed approval for killing,
otherwise human and divine law would be subverted.
Priscilian– 385 AD the first recorded Christian who was put to death for being a
heretic (Unorthodox) but death as capital punishment was first used in 1022 in
Orleans, France when thirteen heretics were burned at the instigation of the church.
Pope Innocent II tried to wash his hands like a Pontius Pilate when it turned over
heretics to the secular authorities for proper punishment that included death.
Pope Gregory IX – through his Papal Encyclical “Encommunicamus” issued in
1231 that made part of the Canon Law the burning of non-believers at the stake.
He also initiated the Inquisition that led to the burning of hundreds of heretics.
Pope Innocent IV – officially introduced torture to the Inquisition procedure in
1252.
Pope John Paul II – reversed the practice of death as form of punishment, Pro-
Life Pope in his Encyclical Tertio Millenio Adveniente, formally apologized to the
past intolerance and use of violence in the defense of truth and has challenged to
break away from the “culture of death”.
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Gaols – other word for jails during early days, were hard for poor prisoners but not
for those who were wealthy. This was because prisoners had to pay for their
accommodations, food and cost of administration and security. Beddings, blankets,
lights and everything were sold or rented to prisoners at very high rates.
The jailer or gaoler was paid from payment of prisoners.
King Henry VII of England – he decreed corporal punishment for vagrants in
1531 and penal slavery in 1547 to depend the interests of the still dominant
landlord class.
Bridewell Institution in Bridewell, England – established during the reign of
King Edward VI, as a workhouse for vagabonds, idlers and rogues. The Bridewell
was a reform of some sort over the traditional, already unworkable system of
punishment. Vagrants and prostitute were given work while serving their sentence.
After two centuries this system lost its usefulness due to banishment offenders to
the colonies.
Lombroso, Beccaria and Betham – their efforts change the prison system based
on solitary confinement and hard labor so that by 1779 a penitentiary act was
passed that mandated the establishment of prison system.
Norfolk Prison at Wymondham, England – after the Penitentiary Act of 1779
this prison was opened.
National Penitentiary of Milkbank – followed in 1821.
Pentonville National Penitentiary – opened in 1842.
Alexander Solshenitsyn – a political prisoner who popularized banishment is the
Gulag Archipelago in a novel.
Penal Code of Russia (1845) – punishes offenders to hard labor of four years to
life. Fortunate prisoners sentenced to hard labor were destined to the factories or
construction of fortresses. Sentences to labor in the mines were the unluckiest of
the destinations.
Distinct Benefits of Banishment
1. It allowed the transporting country to colonize distant lands such as Australia,
Canada, Africa and all other far-flung colonies.
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2. It reduced number of criminals and the concomitant reduction of criminality in
the country of origin.
Aside from banishment and hard labor offenders were also sentenced to provide
hard labor for public works including the building of military fortifications and as a
result of these developments, Spaniards also built fortifications in the Philippines
and that includes Fort Santiago in Manila and Fort Del Pilar in Zamboanga.
Maine State Prison – underground facilities to incarcerate offenders contained
cells in the pits similar to the underground cistern of long ago Rome that were used
to detain offenders undergoing trial in some cases and to hold sentenced offenders
where they will be starved to death. These pits were entered through an iron gate
in the ceiling during late 1828.
Connecticut State Prison – used a copper mine at Simsbury from 1773 to 1827 as
prison facilities wherein prisoners worked in the mines during the day and then
their ankles and necks were shackled during nighttime to prevent escape.
Sing Sing Prisons – became famous or rather infamous all over the world and was
plot of many movies filmed because of the Sing sing bath which was inflicted
aside from the floggings, denial of reading materials and solitary confinement. The
shower bath was a gadget do construct as to drop a volume of water on the head of
a locked naked offender. The force of the icy cold water hitting the head of the
offenders caused so much pain and extreme shock that prisoners immediately
sank into come due to the shock and hypothermia or sudden drop of
the body temperature.
1847 – Flogging was declared illegal.
St. Michael Prisons – first established in 1704 during the reign of Pope Clement
XI at the Hospital of St. Michael was a prototype of the reformatories for juvenile
offenders. This s the seed of Auburn Prison System of the United States wherein
rehabilitative concept and pioneered segregation of prisoners and force silence to
make prisoners contemplate their wrongdoings.
3 Institutions Built in the State of Pennsylvania
1. The Walnut Street Jail (1790) Originally constructed as a detention jail in
Philadelphia, it was converted into a state prison and became the first American
Penitentiary. It began the penitentiary system in the United States when legislation
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was passed establishing the principle of solitary confinement, strict discipline,
productive work and segregation of the more dangerous offenders.
2. The Western Penitentiary (1826)
3. The Eastern Penitentiary (1830)
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cleaning, washing, ironing, cooking and many other activities peculiarly done by
women.
1878 – State of Massachusetts passed the First Probation Law.
1899 –first juvenile court was established in Cook Country, Illinois.
1925 – 48 states had juvenile courts and some of these states also have probation
services catering solely to juvenile offenders.
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1933 – Ordinance for Prisoner Progressive Treatment was promulgated which
started the classification of prisoners, a step towards the use of scientific approach
in coming up with treatment programs for prisoners.
1939 – Judicial Rehabilitation Service Law was enacted.
1947 –after the World War II, the Amnesty Law was passed which defined two
types of amnesty, general and individual.
1947 – National Training Institute for Prison Officers stopped operating.
1969 – Training institute for Correctional Personnel was operational.
1948 – Prisoner’s Classification Regulation was enacted.
1948 – Reformatory Law of 1922 was revised and renamed the Juvenile Training
School Law.
June 1, 1949 – the prison system was again reorganized and renamed Correction
and Rehabilitation Bureau to conform to the changing philosophies of criminal
justice.
1950 –the Volunteer Probation Officer Law of 1950 also went into effect and
established.
1952- an amendment in the laws which integrated service of the Regional Parole
Board, the Probation Office and the Volunteer Probation Officers for juvenile and
young offenders with their adult counterpart.
1954 –the law for Probationary Supervision of Persons under Suspension of
Execution of Sentence was promulgated.
1958 –full enforcement of the Anti-Prostitution Law resulted in the supervision of
conditional releases from Women’s Guidance Homes.
1969 – Ichihara Prison was established for traffic violators sentenced without
forced labor.
1976 – Kakogawa Prison and Saijo Prison were opened.
Persons Responsible for Introducing Reforms in the Correctional Field
( a ) Manuel Montesimos –he was the Director of Prisons at Valencia, Spain in
1835, who divided prisoners into companies and appointed prisoners as Petty
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Officers in charge; allowed reduction of the inmates sentence by one third (1/3)
for good behavior; offered training to prepare the convicts for return to society.
( b ) Domets of France – established an agri-cultural colony for delinquent boys in
1839, providing house fathers as in charge of these boys. He concentrated on re-
education; upon their discharge, the boys were placed under the supervision of a
patron.
( c ) Alexander Macanochie – as Superintendent of the Penal Colony at Norfolk
Island in 1840, he introduced a progressive humane system to substitute for
corporal punishment, known as the “Mark System”.
Mark System
The prisoner was required to earn a number of marks based on proper department,
labor and study in order to entitle him to a ticket of leave or conditional release
which are similar to parole. Macanochie’s mark system, consisted of five (5)
stages:
1. Strict custody upon admission to the penal colony;
2. Work on government gangs;
3. Limited freedom on the island within a prescribed area;
4. Ticket of leave; and
5. Full restoration of liberty
( d ) Sir Walter Crofton – he was the Director of the Irish Prisons in 1854 who
introduced the
Irish system which was later on called the progressive stage system.
The Irish system was actually a modification of Macanochie’s work system, and
consisted of four stages:
( e ) Zebulon R. Brockway – he was the Superintendent of the Elmira Reformatory
in New York in 1876 who introduced a new institutional program for boys, 16 to
30 years of age.
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Elmira Reformatory
The Elmira Reformatory is considered as the forerunner of modern penology
because it had all the elements of a modern correctional system, among which
were a training school type, that is, compulsory education; case work method; and
extensive use of parole based on the indeterminate sentence. This was the first
penal institution to remodel its penal philosophy away from punitive and
retributive practices and veered them towards reformation and treatment.
Educational and vocational were imparted to the prisoner as a way to treat his lack
of life skills to survive according to the rules of our side society. Parole also started
in Elmira Reformatory, after 12-month of good conduct prisoner, he was eligible
for parole.
( f ) Sir Evelyn Ruggles Brise – was the Director of English Prisons who opened
the Borstal Institution after visiting Elmira Reformatory in 1897, such as Borstal
Institutions are today considered as the best reform institutions for young
offenders. This system was based entirely on the individualized treatment.
( g ) John Howard – known as the Father of Penitentiary/ FATHER OF MODERN
CORRECTIONS. Sheriff from Bedfordshire, England who exercised the
traditional but neglected responsibility of visiting the local prisons and institutions.
He was shocked by what he saw, especially when he learned that the keepers were
paid no regular salary but depended upon extracting a living from the prisoners;
secondly, that large number of persons who had been discharged by the grand jury
or acquitted at their trials were still detained owing to the fact that they had been
unable to pay their discharge fees. For every prison inspected, he put into records
important details he observed, wrote and published a book that started the interest
of reformers in English society. Many of his landmark recommendations were
incorporated into the Penitentiary Act of 1779 and adopted as standard procedure
in the first modern prison constructed in 1785 on Norfolk, England. It was not until
1842 that Howard’s idea of penitentiary was given recognition.
( h ) Father Cook (1870) – he identified youthful offenders being tried in the courts
and whose cases were committed by force of circumstance and not due to criminal
nature of the accused. After finding that the offender was not a hardcore felon and
can still be reformed, Father Cook presented himself before the court as adviser of
the offender.
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( i ) Edward N. Savage (1887) – Chief of Police in Boston who was appointed as
the first government probation officer after the first Probation Law in
Massachusetts was passed in 1878 .
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7. JEREMY BENTHAM (1748-1832) — the greatest leader in the reform of
English Criminal law. He believes that whatever punishment designed to negate
whatever pleasure or gain the criminal derives from grime, the crime rate would go
down. Bentham was the one who devise the ultimate PANOPTICAN PRISON -= a
prison that consists of a large circular building containing multi cells around the
periphery. It was never built.
8. SAMUEL ROMILLY-A follower of Bentham, was an able lawyer and the most
effective leader in direct and persistent agitation for reform of the English criminal
code. He pressed
for construction of the first modern English prison, Millbank, in 1816. His prison
idea was taken up by Romilly’s followers, Sir James Mackintosh (17651832) and
Sir Thomas Fowell Buxton (17861845).
9. John HOWARD (1726 — 1790) — the sheriff of Bedfordshire in 1773 who
devoted his life and fortune to prison reform. After his findings on English Prisons,
he recommended the following: single cells for sleeping, segregation of women,
segregation of youth, provision of sanitation facilities, abolition of fee system by
which jailers obtained money from prisoners.
10. FREDERIC-AUGUSTE DEMETZ-was famous for the establishment of
agricultural colony for delinquent boys in France in 1839. The boys were housed in
cottages with house fathers as in charge. The system was based on reeducation
rather than force. When discharge the boys were place under the supervision of a
patron.
11. ALEXANDER MOCANOCHIE ~ He is the 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, labor and study in order to entitle him for a ticket for leave or
conditional release which is similar to parole.
12. MANUEL MONTESIMOS - The Director of Prisons in Valencia Spain (1835)
who divided the number of prisoners into companies and appointed certain
prisoners as petty officers in charge, which allowed good behavior to prepare the
convict for gradual release.
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13. SIR EVELYN RUGGLES BRISE — The Director of the English Prison who
opened the Borstal Institution for young offenders. The Borstal Institution is
considered as the best reform institution for young offenders today.
14. WALTER CROFTON - He is the Director of the Irish Prison in 1854 who
introduced the irish system that was modified from the Mocanochie’s mark system.
15. ZEBULON BROCKWAY - 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 all the elements of a
modern system.
16. ELAM LYNDS- warden of the Auburn and later of Sing Sing (which he built),
was one of the most influential persons in the development of early prison
discipline in America. He is described as having been a strict disciplinarian who
believe that all convicts were cowards who could not be reformed until their spirit
was broken. To this end he devised a system of brutal punishments and degrading
procedures, many of which remained as accepted practice until very recent times.
17. JEAN JACQUES VILLAIN-Designed the Prison of Ghent (Belgium) which
intends to rehabilitate rather than to punish. He is considered as the Father of
Penitentiary Science. He developed a strict classification of criminals and their
segregation.
18. SIR WILLIAM BLACKSTONE -He is the author of the Penitentiary Act of
1779 base the work of John Howard. He is also one of the lead authors of the
Neoclassical Theory.
19. JAMES V. BENNETT-Director of Federal Bureau of Prisons of USA. He
wrote closing of Alcatraz Prison. He also built the Federal Correctional Institution
in Sea Texas.
20.ELLEN CHENEY JOHNSON-She founded the New England Women's
Auxiliary Association to the United States Sanitary Commission, worked with
homeless and vagrant women after the Civil War through the Dedham Asylum for
Discharged Female Prisoner, and served as superintendent of the Massachusetts
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Reformatory Prison for Women’s Framingham. She pushed for the establishment
of an all-women’s prison in 1877.
21.SANFORD BATES-a legendary figure in American corrections was president
of the American Correctional Association in 1926. He became the first
superintendent of federal prisons in 1929 and the first director of the United States
Bureau of Prisons in 1930. In 1937 he became the executive director of the Boys’
Clubs of America. Later he served as commissioner of the New York State Board
of Parole and Commissioner of the New Jersey Department of Institutions and
Agencies. He was also an active consultant and writer. Sanford Bates introduced
procedures into the U.S Bureau of Prison in 1934.
22.CLIFFORD SHAW (DELINQUENCY AREAS IN 1929) - conducted research
on 100,000 identified school truants, children in conflict with law and adult
offenders from Chicago School.
23. J. EDGAR HOOVER- Director of the Federal Bureau of Investigation (FBI).
His war on crime helped give the world the super maximum prison, Alcatraz.
Located on an Island in San Francisco Bay, Alcatraz was constructed to house the
hardest criminals in America. When it was built in 1934, it was seen as the answer
to the outrages of such desperate criminals. 1963Alcatraz was closed.
24. OLIN GUY BLACKWELL (February 15, 1915 — March 7, 1986) was the
fourth and final warden of Alcatraz Federal Penitentiary, which was. situated on
Alcatraz Island, California, US. Associate Warden to Paul J. Madigan from April
1959, Blackwell served as warden of Alcatraz at its most difficult time from 1961
to 1963 when it was facing closure as a decaying prison and financing problems
and at the time of the infamous June 1962 escape from Alcatraz.
25.FRED T. WILKINSON-Director of the Department of Corrections. A man with
many years of experience in the federal prison system, Wilkinson had also been
instrumental in closing Alcatraz Prison, and had masterminded the trade of Russian
spy Rudolf Abel for downed U-2 pilot Francis Gary Powers in Germany in 1962.
Wilkinson quickly became known as Friendly Fred around the penitentiary
because of his easy, open manner around the inmates He was often seen on
weekends walking his pet bulldog inside the prison yard.
26.JOHN AUGUSTUS - a Boston shoemaker; interceded with courts to suspend
sentence & bail out youthful offenders & alcoholics; father of probation.
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27.FATHER COOK - a Bostonian; followed the steps of Augustus as a person who
made appearances for recognizance.
28.EDWARD N. SAVAGE - the first government probation officer; former Chief
of Police of Boston.
29. MATTHEW DAVENPORT HILL-Considered the father of probation in
England. 29.He left an interesting account of his experiments in the Birmingham
court.
30.JUDGE PETER OXENSBRIDGE THATCHER-in 1830, that the ground for
probation was laid. Judge Thatcher made the first recorded use of release on
recognizance in America, in sentencing Jerusa Chase.
31. GOV. ALEXANDER H. RICE-in April 26, 1878 signed the first probation law
in the State of Massachusetts. The law provided for the appointment and prescribed
the duties of a salaried probation officer.
32.TEODOLO C. NATIVIDAD — former NAPOLCOM commissioner and
former Congressman of Bulacan. He is known as the “father” of Probation in the
Philippines.
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5. ST. BRIDGET’S WELL also called as Bridewell, is the first house of
correction constructed in England about the year 1552. This was intended for
locking up, employing and whipping beggars, prostitutes and night walkers of
all sorts.
6. PENITENTIARY ACT OF 1779-An act that mandated the establishment of a
prison system based on solitary confinement, hard labor and religious
instruction. This was authored by SIR WILLIAM BLACKSTONE.
7. MILL BANK PENETENTIARY-was huge. gloomy and many towered
prisons, which looked like a thick-spoke wheel, containing (3) miles of
corridors and hundreds of cells. The cost was at the time (1812-1821) was
nearly two million five hundred (2,500,000.00) dollars.
8. EASTERN STATE PENITENTIARY The innovations introduced at Walnut
Street, ” influenced prison architecture and correctional philosophy in
America. For example Pennsylvania’s Eastern State Penitentiary, built in the
early 1800's was arranged inmates would be completely isolated from each
other. “Isolation prisons” were eventually abandoned in the United States
because they were expensive to build and difficult to Manage.
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populations, such as geriatric, mentally il pregnant, and juveniles sentenced as
adults. Security levels range from medium to maximum. The prison holds
Indiana's only death row for women; however, no Indiana woman is currently
sentenced to death
14. ALCATRAZ (THE ROCK) - 1850 — the prison is located on an island in San
Francisco Bay. It was built for the military in the 1850's and used by them, as a
fort and a prison until 1933 when it passed to the Department of Justice and
became a civil prison until it was closed in1963.
15.INSPECTION HOUSE (PANOPTICON) - Jeremy Bentham was founder of the
British Utilitarianism movement which suggested that laws should be
evaluated to ensure that they are ethical and useful. He designed a model
prison which was referred to as the “Panopticon”.
16.SINGSING PRISON- It was also built by Warden Elan Byrd at the Hudson
River in 1825.Most of the inmates at auburn prison were transferred here. It was
in this prison that they inflicted aside from floggings, denial of reading
materials and solitary confinement, the shower bath was a gadget so constructed
as to drop a volume of water on the head of a locked naked offender. The force
of icy cold water hitting the head of the offender caused so much pain and
extreme shock that prisoners immediately sank into coma due to the shock and
hypothermia or sudden drop in body temperature.
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17.NEW YORK HOUSE OF REFUGE-The first juvenile reformatory which was
opened in January 1825 and located in New York City, its purpose was to
protect children from degrading association with hardened criminal in the
country and state prison. Boston, founded its house of refuge in 1826 and
Philadelphia in 1828. New Orleans erected its Municipal Boys’ Reformatory in
1845 and Massachusetts in 1847.
18. ELMIRA REFORMATORY-A prison constructed like a typical Auburn
System in New York which was opened in 1876. This reformatory housed
youthful offenders between 16 and were first offenders. Differing from typical
prison were features like Indeterminate Sentence and Prisoners could be
released on Parole depending on this conduct and performances inside prison.
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November 16, 1904 – Iwahig Penal Colony in Palawan was established with 16
prisoners sailed for Palawan to start building the colony thereat on orders of
Governor Forbes, then the incumbent Secretary of Commerce and Police.
1904 - The San Ramon Prison was reopened.
The Reorganization Act of 1905 created the Bureau of Prisons under the
Department of Commerce and Police, then transferred to the Department of Public
Instruction and finally placed under the Department of Justice. The three(3)
prisons and penal colonies, Old Bilibid, San Ramon, and Iwahig were placed under
the Bureau of Prisons jurisdiction including the Corregidor Stockade and the
Bontoc Prison, which was later, phased out of use.
1916 –proposed Correctional Code was enacted and introduced leniency for
convicted
prisoners.
1924 – Commonwealth Act No. 3203 established the Reformatory for Boys and
Girls.
November 27, 1929 – Correctional Institution for Women in Mandaluyong, Rizal
was established by authority of Act No. 3579
January 21, 1932 – Davao Penal Colony was established in accordance with Act
No. 3732 and Proclamation 414 Series of 1931.
1941 –prisoners from the Old Bilibid Prison was transferred to its present site in
Muntinlupa and renamed the New Bilibid Prison which was later became the main
Insular Prison.
Under the Philippine Republic after World War II, two (2) more prisons were
created to decongest the over-crowded condition of the New Bilibid Prison.
These are:
1. Sablayan Penal Colony in Mindoro Occidental which was established on
September 27, 1954; and
2. Leyte Regional Prison in Abuyog, Leyte which was established on January 16,
1973.
PENALTY AND THE MODERN PERIOD OF CORRECTION
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Penalty – is defined as the suffering inflicted by the State against an offending
member for the transgression of law.
Juridical Condition of Penalty
Punishment must be:
1. Productive of suffering – without however affecting the integrity of the human
personality.
2. Commensurate with the offense – different crimes must be punished with
different penalties ( Art.25, RPC)
3. Personal – the guilty must be the one to punished, no proxy.
4. Legal – the consequence must be in accordance with law.
5. Equal – equal for all person
6. Certain – no one must escape its effect.
7. Correctional – changes the attitude of offenders and become law abiding
citizens.
Duration of Penalties
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – life imprisonment, a term of 20 – 40 years imprisonment
3. Reclusion Temporal – 12 years and 1 day to 20 years imprisonment
4. Prision Mayor – 6 years and 1 day to 12 years
5. Prision Correctional – 6 months and 1 day to 6 years
6. Arresto Mayor – 1 month and 1day to 6 months
7. Arresto Menor – 1 day to 30 days
8. Bond to keep the peace – discretionary on the part of the court
Concept of Imprisonment
Imprisonment
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Defined as an act of confinement of a person in prison; restraint of one’s personal
liberty; forcible detention of a man’s person or his movements.
Legal Rights against Unlawful Imprisonment or Detention
One of the most protected rights of an individual is his right to liberty this is
expressly provided for under our Constitution, which states, “No person may be
deprived of lives, LIBERTY and property without due process of law’. The
Revised Penal Code punishes not only public officers violating this constitutional
right of an individual, but also private persons as well.
Difference between Arbitrary Detention and Illegal Detention
1. Arbitrary Detention — Unlawful detention of a person committed by public
officers or Officials.
2. Illegal Detention — Unlawful detention of a person committed by private
person.
Legal Grounds for Detaining a Person
1. Commission of the crime.
2. Violent insanity or any other ailment requiring compulsory confinement in a
hospital.
Inmate
is person committed to jail/prison by a competent court or authority for any of the
following reasons.
1. to serve a sentence after conviction
2. under trial
3. under investigation
NOTES:
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The court is said to be competent when it has the jurisdiction to try and decide a
particular case. Aside from courts, there are other authorities that can commit a
person to jail like Boards and Commission and even police authorities within
limited periods.
Categories of inmates
1. Sentenced Prisoner(prisoner) — are persons who are convicted by final
judgement the crime charged against them;
2. Detention Prisoner(detainee) - are persons who are detained for detained for the
violation of law or ordinance and has not yet been convicted;
3. Persons held for investigation or safekeeping
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4. Municipal Prisoner — is a person who is sentenced to serve a prison term of
one (1) day to six (6) months.
Inmates Security Classification
a. High Risk Inmates
b. High Profile Inmates
c. Ordinary Inmates
Suggested Alternatives for Imprisonments
1. Elimination from the jail of those who belong elsewhere.
2. Payment of fines in place of imprisonment.
3. Extensive use of the Probation
4. Wider use of approved methods of released from custody.
5. Establishments of farm units and forestry camps. These are minimum
security institutions which house offenders serving short sentence providing
constructive use of labors to inmates.
The Modern Period of Correction
Modern Penal Management incorporates general principles of treating offenders
that are based on humane practices such as the following:
1. Jail or Prison rules shall be applied impartially without Discrimination on
groundof race, color, language, religion or other opinion, national or social origin,
property, birth or other status.
2. The religious belief and moral precepts not contrary to law, which the prisoner
holds must be respected.
3. Prison or Jail rules and regulations shall be applied with firmness but tempered
with understanding.
4. Custodial force shall, at all times, conduct themselves as a good example
5. Abuse or indecent language to prisoners shall not be used.
6. Special care towards inmates shall be practiced preventing humiliation or
degradation.
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7. No use of force must be made by any of the custodial force, except in self-
defense or attempt to escape or in case of passive physical resistance to a lawful
order.
8. Custodial force shall bear in mind that prisoner are sick people who need
treatment.
3.The insane, the feeble-minded, and others who are suffering from mental or
physical conditions and who, although they are not charged with any
offense, are being detained for their own protection until some other
arrangements can be made for their care.
The Philippine Correctional System
The Philippine Correctional System has two (2) approaches, Institution and
Community-Based Approach. The institution-based has three (3) levels: the
national, provincial, and sub-provincial jails and the district, city and
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municipal jails while the community-based approach has probation, parole,
conditional pardon and release on recognizance as mode of release.
A. Institution-Based Approach
Presently there are three (3) Executive Departments that supervise and
control the numerous institutional facilities nationwide, which provides
incarceration and rehabilitation to offenders. These are the Department of Justice
(DOJ), Department of the Interior and Local Government (DILG) and the
Department of Social Welfare and Development
(DSWD).
B. Community-Based Approach
Not all convicted offenders have to serve their sentence behind bars. Some are
allowed to stay in the community, subject to conditions imposed by the
government. They are either granted probation, parole, conditional pardon and
recognizance.
Presidential Decree 765 – enacted last July 16, 1975 creating the Office of the Jail
Management and Penology under B/Gen. Laquian, during that time 18-22% of the
annual income of the local government were given to PC/INP as their salaries and
allowances. The city and municipal jails were under the supervision and control of
the local PC/INP and supported by the local government financially.
Republic Act 6975 – “DILG Act of 1990”, which creates the PNP, Fire and Jail
Services as separate and distinct bureaus, on July 1, 1991, BJMP was created under
the DILG to supervise and control the administration and operation of all district,
city and municipal jails.
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MODULE 2
FILL IN THE BLANKS
A. GIVE THE NAME OF IMPORTANT PERSONALITIES IN THE FIELD OF CORRECTIONAL
ADMINISTRATION BASED IN THEIR HISTORY AND CONTRIBUTION
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Francisco Bay, Alcatraz was constructed to house the hardest criminals in
America. When it was built in 1934, it was seen as the answer to the outrages of
such desperate criminals. 1963Alcatraz was closed.
____________10. The Director of the English Prison who opened the Borstal Institution for
young offenders. The Borstal Institution is considered as the best reform
institution for young offenders today.
____________11. He was the most versatile of all philosophers during this period. He believed
that fear of shame was a deterrent to crime. He fought the legality-sanctioned
practice of torture.
____________12. The founder of the School of Empiricism which asserts that there should be
empirical evidence rather than speculation in answering questions of fact. He
coined the term Tabula rasa-which means empty state. He believes man is born
good, independent and equal.
____________13. He was the most versatile of all philosophers during this period. He believed
that fear of shame was a deterrent to crime. He fought the legality-sanctioned
practice of torture.
____________14. He believes that whatever punishment designed to negate whatever pleasure or
gain the criminal derives from grime, the crime rate would go down.
____________15. Was famous for the establishment of agricultural colony for delinquent boys in
France in 1839.
2. MAMERTINE PRISON
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3. MAISON DE FORCE
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5. SINGSING PRISON
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6. ELMIRA REFORMATORY
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