Title 1. Institutional Correction.pdf ✅

2 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.
2 INSTITUTIONAL CORRECTION 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
2 INSTITUTIONAL CORRECTION 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. Unanticipated Consequences of Punishment 1. Punishment often isolates the criminal, leaves in him a stigma and develops in his person a strong resentment of authority. 2. It develops caution on part of the criminals, committing crimes during nighttime. 3. It generally stops constructive efforts, lack of respect for the law. lack of patriotism and loss of self-respect. 4. Public’s attitude by idolizing the criminal thus giving an offender higher status.
2 INSTITUTIONAL CORRECTION 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