Correction

Corrections - is typically carried out by government agencies and involves the punishment,
treatment, and
supervision of persons who have been    convicted of crimes.               
                      
Penology - The study of the punishment of crime and prison management.Is a section of
criminology that deals with the philosophy and practice to repress criminal activities via an
appropriate treatment and supervision of persons convicted of criminal offenses.
                   
Punishment - is the infliction or imposition of a penalty as retribution for an offense."The penalty
inflicted".
                        
Prison reform - is the attempt to improve conditions inside prisons and aiming a a more
effective penal system.

Prison - is a place in which people are physically confined and usually deprived of a range of
personal freedoms.
             
Jail - is a short term detention facility.

Halfway house - also called recovery house or sober house - is a place to allow people to
begin the process of reintegration with society while still providing monitoring and support; this is
generally believed to reduce the risk of recidivism or   relapse when compared to a   release
directly into society.

Rehabilitation - it came from latin word "habilis" literally fit or suitable. Its meaning was
expanded to mean "restore to sound operation" or "to establish the good reputation".
                                                                                      
Solitary confinement - is a special form of imprisonment in which a prisoner is isolated fro any
human contact, though often with the exception of members of prison staff.

Jail
Prison
 a place of detention; a place where a
 a place of long term confinement for
person convicted or suspected of a
those convicted of serious crimes.
crime is detained.
 Bureau of Corrections
 BJMP
 DOJ
 DILG
 holds people convicted of
 holds people awaiting trial and people
crimes;sentenced for a longer term.
sentenced for a short duration.

Zebulon Reed Brockway - regarded as the father of prison reform in the United States.
Believed that the primary reason to have a prisoner in custody was to rehabilitate and not simply
to punish. Warden at the Elmira reformatory from 1876 to 1900. He introduced the following:

1. a program of education
2. training in useful trades
 3. physical activity
4. indeterminate sentence
5. inmate classification
6. incentive program.

Alexander Maconochie - (1787 -1860) - a Scottish naval officer, geographer and penal
reformer. His two basic principle of penology were that:

1. as cruelty debases both the victim and society, punishment should not be vindictive but
should aim at the reform of the convict to observe social constraints.
2. a convicts imprisonment should consist of task, not time sentences with release
depending on the performance of a measurable amount of labor.

Modern Form/Method  of Punishment

1. Execution - for capital offenses. ex. death by lethal injection

2. Imprisonment/Incarceration
3. Fines
4. Probation and Parole
5. House Arrest - is a measure by which a person is confined by the authorities to his or
her residence. Travel is usually restricted if allowed at all.

Ancient Form/Method of Punishment

1. shame punishment
2. exile/banishment
3. payment to the victim
4. branding - (Stigmatizing) - is the process by which a mark is burned into the skin of a
living person.
5. flogging - (flagellation) - is the act of methodically beating or whipping the human body.
6. mutilation - (maiming) - is the act of physical injury that degrades the appearance or
function of any living body usually without causing death.
7. burning
8. beheading
9. torture

* In the Philippines so far, 17 persons were executed

   by hanging, 84 persons were executed by electric
   chair, 7 persons were executed by lethal injection.

* Majority of inmates confined in national prison did

   not finish high school, 6% never went to school or
   were illiterate and 3% earned a college degree.
1. The authoritative imposition of something negative or unpleasant
    on a person in response to behavior deemed wrong by law.
      A. Punishment                                              C. Retribution
      B. Banishment                                               D. Penalty
                                                                                                           Ans. A
2. The branch of criminology concerned with prison management
    and prison rehabilitation.
      A. Penology                                                  C. Correction
      B. Sociology                                                  D. Anthropology
                                                                                                           Ans. A
3. Getting back at someone for something they did to hurt you.
      A. Punishment                                              C. Justification
       B. Retribution                                              D. Penalty
                                                                                                            Ans. B
4. A punishment for some violation of conduct which involves the
    infliction of pain on or harm to the body.
      A. Penalty                                                     C. Banishment
      B. Punishment                                               D. Corporal punishment
                                                                                                           Ans. D
5. French penal colony from 1852 to 1959 where political prisoners are
    exiled.
      A. Devil's island                                             C. Robben island
      B. Tasmanian island                                       D. Cape of good hope
                                                                                                           Ans. A
6. A prison reformer who published an influential book that proposed
    prison reform.
      A. Elizabeth Fry                                           C. John Goodman
      B. John Howard                                           D. Victoria Azarenka
                                                                                                            Ans. B
7. An English reformer sometimes referred to as the "angel of prisons"
    because of her driving force behind new legislatio to treat prisoners
    humanely.
      A. Elizabeth Fry                                            C. John Goodman
      B. John Howard                                            D. Alex Morgan
                                                                                                           Ans. A
8. A prison complex located at the coast of capetown south africa which
    serve as a refugee camp for people afflicted wit leper before
    converted  into a prison.
      A. Port Arthur                                              C. Pennsylvania prison
      B. Robben island                                          D. Elmira prison
                                                                                                            Ans. B
9. A penal method of the 19th century in which persons worked during
    the day and were kept in solitary confinement at night and silence
    enforced   at all times.
      A. Auburn System                                        C.Pennsylvania system
      B. U.K system                                               D. Irish system
                                                                                                           Ans. A
10. The first reformatory prison.
      A. Auburn prison                                        C. Pennsylvania prison
      C. New York correctional facility                 D. Elmira correctional facility
                                                                                                           Ans. D
Remember the following: 

1. Punishment - The authoritative imposition of something negative or

    unpleasant on a person in response to behavior deemed wrong by law.
   
2. Penology - The branch of criminology concerned with prison
    management and prison rehabilitation.
  
3. Retribution -  Getting back at someone for something they did to
    hurt you.

4. Corporal punishment - A punishment for some violation of conduct

    which involves the infliction of pain on or harm to the body.
  
5. Devil's island - French penal colony from 1852 to 1959 where
    political prisoners are exiled.

6. John Howard -  A prison reformer who published an influential book

    that proposed prison reform.
   
7. Elizabeth Fry -  An English reformer sometimes referred to as the
    "angel of prisons" because of her driving force behind new legislation to
    treat prisoners humanely.
  
8. Robben island  -  A prison complex located at the coast of Capetown
    south Africa which     serve as a refugee camp for people afflicted wit
    leper before converted into a prison.
 
9. Auburn System - A penal method of the 19th century in which
    persons worked during the day  and were kept in solitary confinement
    at night and silence enforced at all times.
   
10.Elmira correctional facility - The first reformatory prison.

11.Notable elements of Auburn system

      a. stripped uniform
      b. lockstep
      c. silence

12.Auburn correctional facility - the site of the first execution by

     electric chair in 1890.

13.Pennsylvania system - penal method based on the priciple that

     solitary confinement fosters penitence and encourages
     reformation.Superseded by the Auburn system.

14.Separate system - is a form of prison management based on the

     principle of keeping prisoners in solitary confinement.
   
15.Magna Carta - Englands historic document which states that no man
     could be imprisoned without trial.
   
16.Port Arthur - located in Tasmania, Australia, is a penal colony which
     is the   destination for the hardest English prisoner during the middle of
     the 19th century.
   
17.Banishment - to force offenders to leave a country, home,or place
     by official decree.

18.Piracy act of 1717 - was an act of the parliament of Great Britain

     that established  a 7 years penal transportation to North America as
     a possible punishment   for those convicted of lesser felonies.
   

Probation

What is Probation? ans.- is a disposition under which a defendant after conviction and
sentence is released subject to conditions imposed by the court and to the supervision of a
probation officer.

Who can apply for Probation? ans. any first time convicted offender who is 18 years old or
above.

Is probation a right? ans. no, it is a mere privilege for adult offenders. Under RA 9344
(Juvenile Justice and Welfare Act of 2006) a child in conflict with the law (CICL) is granted the
right to probation as an alternative to imprisonment if qualified under the Probation law.

Where shall an application for Probation be filed? ans. the application shall be filed with the
court that tried and sentenced the offender.

What will happen if the application for Probation is denied? ans. the offender will be sent by
the sentencing court to prison to serve his sentence.

When should an application for Probation be filed? ans. anytime before the offender starts
serving his sentence but within 15 days from the promulgation of notice of judgment of
conviction. Under section 42 of RA 9344, The Juvenile Justice and Welfare Act of 2006, the
court may after it shall have  sentenced a child in conflict with the law and upon application at
anytime placed the child on probation in lieu of service of his sentence.

May an offender be released from confinement while his application for Probation is
pending? ans. yes, the applicant may be released under the bail he filed in the criminal case or
under recognizance.

How many times can one be granted Probation? ans. only once.

RULES ON GRANT OF PROBATION

1. After having convicted and sentenced a defendant, the trial court may suspend the
execution of the sentence and place the defendant on probation, upon application by the
defendant within the period for perfecting an appeal.
 2. Probation may be granted whether the sentenced imposed a a term of imprisonment or
fine only.
3. No application for probation shall be entertained or granted if the defendant has
perfected an appeal.
4. Filing of application for probation operate as a waiver of the right to appeal.
5. The order granting or denying probation shall not be appealable.
6. Accessory penalties are deemed suspended once probation is granted.
7. The convict is not immediately put on probation. There shall be a prior investigation by
the probation officer and a determination by the court.

 
Will Probation be automatically granted to one whose sentence is 6 years or less? ans.
no, the applicant may be denied by the court if:
1. The offender would be better rehabilitated if he/
    she is sent to prison to serve his/her sentence.
2. There is undue risk that the offender will likely
    commit another crime.
3. Probation will depreciate the seriousness of the
    offense committed.

  Under section 70 of RA 9165, the Comprehensive Dangerous Drugs Act of 2002, the
court may in its discretion, placed the accused under probation even if the sentence
provided under section 11 of the act is higher than that provided under the probation law.

What will happen if a probationer violates the conditions of probation? ans.

1. The court may modify the conditions of probation
    or revoke the same.
2. If the violation is serious, the court may order the
    probationer  to serve his prison sentence.
3. The probationer may also be arrested and criminally
    prosecuted if the violation is a criminal offense.

   The court order  shall not be subject to appeal.

 Probation is not coterminous with its period. There must be an order issued
 by the court discharging the probationer. Upon 
 finding that he has fulfilled  the terms and conditions of his probation, the court may
order the final discharge of the probationer.
This shall have the following effects:
       a. case is deemed terminated.
       b. all civil rights suspended or lost are
            restored.          

                 c. offender's liability for any fine imposed is

                     discharged.

Who are disqualified from the benefits of probation: ans.                                                        

1. Those sentenced to serve a prison term of more
     6 years.
2. Those convicted of any crime against the national
    or the public order.
3. Those previously convicted of an offense which is
    punished by imprisonment of not less that one
    month and one day imprisonment and/or a fine of
    not less than P200.
4. Those who have been  placed on probation once.
5. Those serving sentence.
6. Those whose conviction is on appeal.
7. Those convicted of an offense against the omnibus
    election code, insurgency law, wage rationalization
    act.

There are two kinds of conditions imposed upon the offender under  probation:
 
1. Mandatory or general – once violated, the 
    probation is cancelled.
      1) To report to the probation officer within 72
           hours after he receives the order of the court
           granting probation.
      2) To report to his probation officer at least once a
           month.
      3) not to commit any other offense while on
          probation.
     
2. Discretionary or special – additional conditions  
    which the court may additionally impose for the
    probationer’s correction and rehabilitation outside  prison. The enumeration is not exclusive,
as long  as the probationer’s Constitutional rights are not  
    jeopardized.
     

How long is the period of probation? ans.

1. not more than 2 years if the sentence of the
    offender is 1 year or less.
2. not more than 6 years if the sentence is more than
    one year.
3. When the penalty is a fine only and the offender   
    is made to serve subsidiary imprisonment, probation
    shall be twice the total number of days of subsidiary
    imprisonment

What is Parole? ans. it is the release of a prisoner from prison after serving the minimum
period of his indeterminate sentence.

Who can not be granted parole? ans. generally, those sentenced to a term of imprisonment of
one year or less or to a straight penalty or to a prison sentence  without a minimum term of
imprisonment.

Who may grant parole to a prisoner? ans. the board of pardon and parole, an agency under
the Department of Justice.

When may a prisoner be granted parole? ans. whenever the board of pardon and parole
finds that there is a reasonable probability that if released, the prisoner will be law abiding and
that his release will not be incompatible with the interest and welfare of society and when a
prisoner has already served the minimum penalty of his/her indeterminate sentence of
imprisonment.

What happens if a parolee violates the conditions of his parole? ans. he shall be rearrested
and recommitted or returned to prison to served the unexpired portion of the maximum period of
his sentence.

What is executive clemency? ans. it refers to the commutation of sentence, conditional

pardon and absolute pardon may be granted by the president upon recommendation of the
board.

What is commutation of sentence? ans.  it is the reduction of the period of a prison sentence.

What is conditional pardon? ans. it is the conditional exception of a guilty offender for the
punishment imposed by a court.

What is absolute pardon? ans. it is the total extinction of the criminal liability of the individual
to whom it is granted without any condition whatsoever resulting to the full restoration of  his civil
rights.

Who may file a petition for conditional pardon? ans. a prisoner who has served at least one
half of the maximum of the original indeterminate and/or definite prison term.

Who may grant commutation of sentence and pardon? ans. the president.

Who may file a petition for commutation of sentence?

ans.  the board may review the petition of a prisoner
for commutation of sentence if he/she meets the following minimum requirement:

  at least 1/2 ( one half) of the minimum of his indeterminate and/or definite prison term or
the aggregate minimum of his determinate and/or prison terms.
 at least 10 years for prisoners sentenced to one reclusion perpetua or one life
imprisonment, for crimes/offenses not punishable under RA 7659 and other special law.
 at least 12 years for prisoners whose sentences were adjusted to 40 years in
accordance with the provisions of article 70 of the RPC as amended.
 at least 15 years for prisoners convicted of heinous crimes as defined in RA 7659
committed on or after January 1, 1994 and sentenced to one reclusion perpetua or one
life imprisonment.
 at least 17 years for prisoners sentenced to 2 or more reclusion perpetua of life
imprisonment even if their sentences were adjusted to 40 years in accordance  with the
provision of article  70 of the RPC as amended.
 at least 20 years for those sentenced to death which was automatically commuted or
reduced to reclusion perpetua.

Who may file a petition for absolute pardon? ans. one may file a petition for absolute pardon
if he had served his maximum sentence or granted final release and discharge or court
termination of probation.

Is a prisoner who is released on parole or conditional pardon with parole conditions

placed under supervision? ans. yes, the prisoner is placed under the supervision of a
probation and parole officer.

PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July 24, 1976.

Purpose of the law

1. promote the correction and rehabilitation of an offender by providing him with

individualized treatment.
2. provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence.
3. prevent the commission of offenses.

Probationer - a person placed on probation.

Probation officer - one who investigates for the court a referral for probation or supervises a
probationer or both.

  The Probation administration shall be headed by the Probation administrator who shall
be appointed by the president of the Philippines.
 There shall be an assistant probation administrator who shall assist the administrator
perform such duties as may be assigned to him by the latter and as may be provided by
law.

Qualifications of the Administrator and Assistant Probation Administrator.

1.  at least 35 years of age

2. holder of a masters degree or its equivalent in either criminology, social work,
corrections, penology, psychology, sociology, public administration, law, police science,
police administration or related field.
3. at least 5 years of supervisory experience or be a member of the Philippine bar with at
least 7 years of supervisory experience. 

Regional Probation officer and Assistant regional Probation Officer - appointed by the
president upon the recommendation of the Secretary of Justice.

Provincial and City Probation officer - appointed by the Secretary of justice upon the
recommendation of the administrator and in accordance with civil service law and rules.

Qualifications of Regional, Assistant Regional, Provincial and City Probation officers.

1. Bachelors degree with a major in social work, sociology, psychology, criminology,

penology, corrections, police science, administration or related fields.
2. at least 3 years in work requiring any of the above mentioned disciplines or is a member
of the Philippine bar with at least 3 years of supervisory experience.

 when practicable, the provincial or city probation officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work.