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1 Caritas Christi Review Center Review Notes on Correctional Administration 2017 By: Johnny Rey D. Cailing Correction and Penology The Difference Correction Penology (Penal Science) Is the study of the methods that have been and are employed for the punishment and deterrence of such behavior and the study of the efforts to accompany punishment with measures that are intended to change or correct the offender. One of the pillars of the Criminal Justice System used in the administration of Justice. (Influence by Positivist School of Thoughts) Therefore, the purpose of punishment is rehabilitation and the corner stone is education. Is that part of the science of criminology that studies the principles of punishment and the management of prisons, reformatories and other confinement units. The word “penology” was coined by Francis Lieber. It is also derived from a Latin word “poenalis” which means “punishment” and from a Greek word “poene” which means “penalty or fine”. (Influence by Classical School of Thoughts) Therefore, the purpose of punishment is retribution and the corner stone is discipline. Correctional Administration and Penal Management The Difference Correctional Administration Penal Management the study and practice of a system management of jails or prisons and other institution concerned with the custody, treatment and rehabilitation of criminal offenders. refers to the manner or practice of managing or controlling places of confinement as jails or prisons. The term correction could mean two separate meanings. First, it is the institution that provides community’s official reaction to a convicted offender, such institution is a branch of the administration of criminal justice, charge with the responsibility for custody, supervision and rehabilitation of the convicted offender. Second, it is a study of methods that have been and are employed for the punishment and deterrence of such behavior and a study of efforts to accompany the punishment with measures that are intended to change or correct offenders. Both definitions comes from the principle of punishment and the management of prisons, reformatories and other confinement units. The birth of penology is also considered the birth of a humane approach in the administration of justice. Corrections stand as the fourth pillar of the components of our Criminal Justice System. Some people viewed it as the weakest pillar among the pillars of criminal justice. This is due to an assumption that correctional institutions cannot rehabilitate offenders, which is manifested through the increase of criminalities and recidivism. But, the fact is nobody wants nor loves to be imprisoned, nobody wants their freedom be curtailed. If one commits a crime we scientifically explain it why he commits a crime, and not allege that it is due to some failure or our criminal justice system, that pushes the individual to commit crime.
2 Corrections denoted its concern and operate as society’s primary formal dispenser of punishment. Corrections, however, is more than simply a nice term for punishment. The root of the word implies and focuses on correcting a problem or series of problems in society. It has come to stand for a broad category of activities ranging from incarceration of offenders, to assisting ex-offenders in securing employment and education in the community to provide assistance for the victims of crimes. These systematic and organized efforts directed by society that punished offenders, protect the public from offenders, change the offender’s behavior, and in some cases compensate victims. Thus, evolving within the milieu of social control that keeps to work through the ambit of social justice where its sight is located to keep at pace the norms of human behavior in particular and social norm in general. Revolutions in the History of Correction 1. Age of Reformations- replaced corporal punishments exile and physical disfigurements with the penitentiary. 2. Age of Rehabilitation- assumed that animals were handicapped persons suffering from mental or emotional deficiencies. Under this individual therapy aimed at healing these personal maladjustments became the preferred style. 3. Age of Reintegration- society becomes the patients as well as the offender. Much more emphasis is placed on the pressures exerted on the offender by the social groups to which he belongs and on the society that regulates his opportunity to achieve his goals. Theories of Penology 1. Absolute Theories – these theory concerns with the legalistic approach on penal applications as a ground of calling justice. The imposition of punishment is a retributive nature of justice reformation, deterrence, crime prevention, self-defense and control. It adopts the principle of “nullum crimen, nulla sine poena lege” there is no crime if there is no law punishing it. 2. Relative Theories – these theory concerns that punishment is a utility and usefulness of the society. Classifications: a. Reformative – reformation is the ultimate objective of punishment. b. Exemplarity – punishing criminals will deter the others from committing crimes. c. Protective – people must be protected from socially danger persons. 3. Compromisual Theory – this theory settles the concept of justification, sentiments and grounds for punishment through compromises of conflicting views. Its objectives concern with retribution and deterrence of criminals. Approaches in Corrections Institutional Corrections Non-Institutional Corrections agencies and institution responsible for maintaining physical custody of an offender. (ex. Prison, jail, rehabilitation center) (Traditional Method that requires incarceration) also known as the Community Based Corrections, it is a correctional activity that takes place outside the institution/ prison walls. (ex. parole and probation) (Modern Method that does not requires incarceration. Also known as Community Based Corrections.
3 Innovative Programs Introduce in Corrections 1. Chicago Area Projects – founded by Clifford R. Shaw is delinquent prevention program and the first organized program in the U S to use workers established direct and personal contacts with the unreached boys to help them find their way back to acceptable norm of conducts. Its procedural principles are: a. developments of youth welfare organizations among residents of delinquency areas. b. employments of the so called indigenous workers whenever possible groups. c. fostering and preservation of the independence of these groups. 2. Cambridge Somerville study- was the first relatively vigorous attempt to test the effectiveness of individual counseling with troublesome schoolboys who were regarded by teachers as hardheaded e,.g. delinquents careers .The approached was friendly rather than professional. This committed in watching two groups of delinquent boys one groups was to be let alone thus serving as a “control” to other experimental or “treated” group. The outbreak of war however, forced to restricts operation of the study. 3. Synanon House- is a communal, voluntary setting for during addicts which is a private projects devoted to the communal rehabilitation of narcotic addicts former addicts live and work together in a state of total abstinence from drugs. Newly arrived addicts are restricted to Synanon property, participating in general housekeeping and maintenance course which is now as “first Stage”. As the resident hopefully matures ad gathers strength h graduates to the Second stage during which he works outside of Synanon and returns I the evening in the Third stage which is the Final one the former addicts lives outside of Synanon and returns for occasional meetings. 4. PORT Program—port program is an acronym for probationer offenders rehabilitated and training established in Rochester Minnesota in live in community based community directed treatments program for both adults and juveniles. The care of its treatments program is a combination of group treatments and behavior modification Basic Principles Underlying Philosophy of Community- Based Corrections 1. All efforts consistent with the safety of others should be made to reduce involvements of the individual offender with the institutional aspects of corrections. 2. Need for extensive involvement with the multiple aspects of the community, beginning with the offender and his world and extending to the larger social system. 3. Community- based corrections demands radically new rules for inmates’ staff, and citizens. Significance of Community- Based Corrections 1. Humanitarian Aspects- to subjects anyone to custodial coercion is to place him in physical jeopardy to narrow drastically his access to sources of personal satisfaction and to reduce self-esteem. 2. Restorative Aspects- concern measures expected to achieve for the offender the position in the community in which he does not violates the laws. These
4 measures maybe directed at change control or reintegration, I the failures of offenders to achieve these goals can be measures by recidivism and their success in defined by reaching specific objectives set by correctional decision makers. 3. Managerial Aspects – are of special importance because of the sharp contrast between the peer capital cost of custody and any kind of community program. When offenders can be shifted from custodial control to community- based programming without loss of public protections the managerial criteria requires that such shift be made. The Concept of Penalty Penalty in its general sense signifies pain; in the juridical sphere, it means suffering undergone, because of the action of society, to one who commits a crime. The very purpose or reason why society has to punish a criminal is to secure justice. The society or state has to protect its existence, assert what is right for the people based on moral principles, which must be vindicated. The giving of punishment, which is exercised by society, is the fulfillment of service and satisfaction of a duty to the people it protects. Purpose of Penalty 1. Retribution or Expiation – the penalty is commensurate with the gravity of the offense as a matter of payment for the damage done. 2. Correction or Reformation – as shown by the rules which regulates the execution of the penalties consisting in deprivation of liberty, thereby giving chance for his reformation. 3. Social Defense – as shown by its inflexible severity to recidivist and habitual delinquents. Society must provide the welfare of the people against any disorder in the community. Goals of Sentencing: 1. Retribution – is the act of taking revenge upon a criminal perpetrator. 2. Incapacitation – is the use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses. 3. Deterrence – is a means, which seeks to prevent others from committing crimes or repeating criminality. 4. Rehabilitation – is the attempt to reform a criminal offender, the state in which a reformed offender is said to be rehabilitated. 5. Restoration – a goal of which attempts to make the victim whole again. Unanticipated Consequences of Punishment – Positive or negative effects. “Reasons for Limitations of Punishment” a. Punish often isolates the criminal, leaves in him a stigma and develops in His person a strong presentment of authority; b. It develops caution on the part of criminal; committing crimes during nighttime; resorting to the use of indigenous methods, or may even undergo physical transfiguration to avoid punishment.