Tiêu đề INSTITUTIONAL AND NON INSTITUTIONAL CORRECTIONS.pdf ✅

PRINCE CHEVY JOHN MANGUBAT SEDIGO REGISTERED CRIMINOLOGIST CIVIL SERVICE PROF 1 “The one who gets wisdom loves life; the one who cherishes understanding will soon prosper.” Proverbs 19:8 CORRECTION ADMINISTRATION INSTITUTIONAL CORRECTION I. Basic Definition of Terms: PENOLOGY defined: o The study of punishment for crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders. o The term is derived from the Latin word “POENA” which means pain or suffering. o Penology is otherwise known as Penal Science. It is actually a division of criminology that deals with prison management and the treatment of offenders, and concerned itself with the philosophy and practice of society in its effort to repress criminal activities. o Penology has stood in the past and, for the most part, still stands for the policy inflicting punishment on the offender as a consequence of his wrongdoing. Penal Management: o Refers to the manner or practice of managing or controlling places of confinement as in jails or prisons. CORRECTION defined: o A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders. o It is that field of criminal justice administration which utilizes the body of knowledge and practices of the government and the society in general involving the processes of handling individuals who have been convicted of offenses for purposes of crime prevention and control. o It is the study of jail/prison management and administration as well as the rehabilitation and reformation of criminals. o It is a generic term that includes all government agencies, facilities, programs, procedures, personnel, and techniques concerned with the investigation, intake, custody, confinement, supervision, or treatment of alleged offenders. Correction as a Process o Refers to the reorientation of the criminal offender to prevent him or her from repeating his deviant or delinquent actions without the necessity of taking punitive actions but rather the introduction of individual measures of reformation. Correctional Administration o The study and practice of a systematic management of jails or prisons and other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders. III. Historical Perspective on Corrections Important Dates and Events in the History of Corrections: 13th Century – Securing Sanctuary 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. 1468 (England) – Torture as a form of punishment became prevalent. 16th Century – Transportation of criminals in England, was authorized. At the end of the 16th C, Russia and other European Countries followed this system. It partially relieved overcrowding of prisons. Transportation was abandoned in 1835. 17th C to late 18th C – Death Penalty became prevalent as a form of punishment. Reasons why Death Penalty became the usual Punishment during this period and thereafter: 1. Death of outlaws became a “protection for the English people”. It is because the people during this period did not totally believe yet in the ability to a strong police force to combat criminals. 2. People lack confidence in the transportation of criminals. Gaols and Galleys became center of corruption and ineffective instruments of punishment. 3. Doctrine of Crude Intimidation appeared or seemed to be a logical form of threat in order to deter or prevent the people from violating the law. 4. The assumption was that, the Ruling Class is tasked to protect property rights and maintain public peace and order. The system of maintaining public order had little consideration or it did not recognize the social and economic condition of the lower working class. The lawmakers and enforcers used death penalty to cover property loss or damage without further contemplating the value of life of other people. GAOLS - (Jails) – pretrial detention facilities operated by English Sheriff.
PRINCE CHEVY JOHN MANGUBAT SEDIGO REGISTERED CRIMINOLOGIST CIVIL SERVICE PROF 2 Galleys – long, low, 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 – decrepit transport, former warships 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”. The Primary Schools of Penology 1. The Classical School o it maintains the “doctrine of psychological hedonism” or “free will”. That the individual calculates pleasures and pains in advance of action and regulates his conduct by the result of his calculations. o Advocated by: CESARRE BECARRIA & JEREMY BENTHAM 2. The Neo-classical School o it maintained that while the classical doctrine is correct in general, it should be modified in certain details. Since children and lunatics cannot calculate the differences of pleasures from pain, they should not be regarded as criminals, hence they should be free from punishment. 3. The Positivist/Italian School o the school that denied individual responsibility and reflected non-punitive reactions to crime and criminality. It adheres that crimes, as any other act, is a natural phenomenon. Criminals are considered as sick individuals who need to be treated by treatment programs rather than punitive actions against them. o Advocated by: HOLY THREE OF CRIMINOLOGY (CESARE LOMBROSO, ENRICO FERRI, RAFAEL GAROFALO) The Primitive Society o In the beginning of civilization, acts are characterized by behavioral controls categorized as: forbidden acts, accepted acts, and those acts that are encouraged. o Crimes, violence, rebellious acts and other acts, which are expressly prohibited by the society, fall as forbidden acts. Accepted acts are those that can be beneficial to the welfare of the society such as early traditions and practices, folkways, norms, those that are controlled by social rules, and laws. o Encourage acts are anything approved by the majority which is believed to be beneficial to the common good. These things include marrying, having children, crop production, growing food, etc o Punishment is required when those who intend to violate the rules do not comply with these practices. o The complex society gradually evolved changing the social rules into a more structured sanctions to prevent the violations of those rules essential to group survival. These sanctions have been codified into written rules or laws. And the reward for obeying those laws is simply the ability to function as a respected and productive member of society. Redress (Compensation) of a wrong act Retaliation (Personal Vengeance) o the earliest remedy for a 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 o Customs has 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. As tribal leaders, elders and later kings came 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 the law imposed, they will be declared to be an outlaw. Early Codes: o 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 Mohammedan 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. (Coquia, Principles of Roman Law, 1996) 1. Babylonian and Sumerian Codes a. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC, credited as the oldest code prescribing savage punishment, but in fact, Sumerian codes were nearly one hundred years older.
PRINCE CHEVY JOHN MANGUBAT SEDIGO REGISTERED CRIMINOLOGIST CIVIL SERVICE PROF 3 2. Roman and Greek Codes a. Justinian Code– 6 th C A.D., Emperor Justinian of Rome wrote his code of law. o 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 Twelve Tables (XII Tabulae), (451-450 BC)  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. b. Greek Code of Draco  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. 3. The Burgundian Code (500 A.D) o specified punishment according to the social class of offenders, dividing them into: nobles, middle class and lower class and specifying the value of the life of each person according to social status. Early Codes (Philippine Setting) The Philippines is one of the many countries that cane 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” and the “Kodigo Penal” (The Revised Penal Code today, 1930) was introduced by the Spaniards promulgated by the King of Spain. Basically, these laws adopted the Roman Law principles (Coquia, Principles of Roman Law, 1996). Mostly tribal traditions, customs and practices influenced laws during the Pre-Spanish Philippines. There was also a law that was written which includes: a. The Code of Kalantiao (promulgated in 1433) – the most extensive and severe law that prescribes harsh punishment. b. The Maragtas Code (by Datu Sumakwel) c. Sikatuna Law Early Prisons: Mamertine Prison – the only early Roman place of confinement which is built under the main sewer of Rome in 64 B.C Other places of confinement in the history of confinement include FORTRESSES, CASTLES, and TOWN GATES that were strongly built purposely against roving bands of raiders. The most popular workhouse was the BRIDEWELL WORKHOUSE (1557) in London which was built for the employment and housing of English prisoners. Wulnut Street Jail – originally constructed as a detention jail in Philadelphia. It was converted into a state prison and became the first American Penitentiary. Early prisons in the Philippines: During the Pre-Spanish period, prison system in the Philippines was tribal in nature. Village chieftains administered it. It was historically traced from the early written laws. In 1847, the first Bilibid Prison was constructed and became the central place of confienment for Filipino Prisoners by virtue of the Royal decree of the Spanish crown. In 1936, the City of 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”. IV. THE EMERGENCE OF SECULAR LAW 4 th 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. Three Laws were distinguished: 1. External Law (Lex Externa) 2. Natural Law (Lex Naturalis) 3. Human Law (Lex Humana) All these laws are intended for the common good, but the Human law only become valid if it does not conflict with the other two laws. V. PUNISHMENT Punishment: o It is the redress that the state takes against an offending member of society that usually involve pain and suffering. o It is also the penalty imposed on an offender for a crime or wrongdoing. Ancient Forms of Punishment: 1. Death Penalty o affected by burning, beheading, hanging, breaking at the wheels, pillory and other forms of medieval executions. 2. Physical Torture o affected by maiming, mutilation, whipping and other inhumane or barbaric forms of inflicting pain. 3. Social Degradation
PRINCE CHEVY JOHN MANGUBAT SEDIGO REGISTERED CRIMINOLOGIST CIVIL SERVICE PROF 4 o putting the offender into shame or humiliation. 4. Banishment or Exile o 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. 5. Other similar forms of punishment like transportation and slavery. Early Forms of Prison Discipline: 1. Hard Labor - productive works. 2. Deprivation – deprivation of everything except the bare essentials of existence 3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to perform drab or boring daily routine. 4. Uniformity – “we treat the prisoners alike”. “the fault of one is the fault of all”. 5. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing. 6. Degradation – uttering insulting words or languages on the part of prison staff to the prisoners to degrade or break the confidence of prisoners. 7. Corporal Punishment – imposing brutal punishment or employing physical force to intimidate a delinquent inmate. 8. Isolation or Solitary Confinement – non- communication, limited news, “the lone wolf”. Contemporary Forms of Punishment: 1. Imprisonment – putting the offender in prison for the purpose of protecting the public against criminal activities and at the same time rehabilitating the prisoners by requiring them to undergo institutional treatment programs. 2. Parole - a conditional release of a prisoners after serving part of his/her sentence in prison for the purpose of gradually re- introducing him/her to free life under the guidance and supervision of a parole officer. 3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which does not exceed six years imprisonment, is released subject to the conditions imposed by the releasing court and under the supervision of a probation officer. 4. Fine – an amount given as a compensation for a criminal act. 5. Destierro – the penalty of banishing a person from the place where he committed a crime, prohibiting him to get near or enter the 25-kilometer perimeter. PURPOSES/JUSTIFICATIONS OF PUNISHMENT: 1. Retribution – the punishment should be provided by the state whose sanction is violated, to afford the society or the individual the opportunity of imposing upon the offender suitable punishment as might be enforced. Offenders should be punished because they deserve it. 2. Expiation or Atonement – it is punishment in the form of group vengeance where the purpose is to appease the offended public or group. 3. Deterrence – punishment gives lesson to the offender by showing to others what would happen to them if they violate the law. Punishment is imposed to warn potential offenders that they cannot afford to do what the offender has done. 4. Incapacitation and Protection – the public will be protected if the offender has being held in conditions where he cannot harm others especially the public. Punishment is effected by placing offenders in prison so that society will be ensured from further criminal depredations of criminals. 5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility of the offender. Society’s interest can be better served by helping the prisoner to become law abiding citizen and productive upon his return to the community by requiring him to undergo intensive program of rehabilitation in prison. SOCIAL JUSTIFICATION OF PENALTY: 1. Prevention – the state must punish the criminal or prevent or suppress the danger to the state arising from the criminal acts of the offender. 2. Self-defense – the state has the right to punish the criminal as measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal. 3. Reformation – the object of punishment in criminal cases is to correct and reform the offender. 4. Exemplarity – criminal is punished by the state as an act to deter others from committing crimes. 5. Justice – that crime must be punished by the state as an act of retributive justice, a vindication of absolute right and moral violated by the criminal. VI. THE AGE OF ENLIGHTENMENT 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 the correctional field by certain person, gradually changing the old positive philosophy of punishment to a more humane treatment of prisoners with innovational programs. The Pioneers: 1. William Penn (1614-1718)