CORRECTIONAL ADMINISTRATION

Correctional Administration

- the study and practice of a systematic management of jails or prisons and other
institution concerned with the custody, treatment, and rehabilitation of criminal
offender.

Institutional Corrections - offender found guilty and sentenced by the courts for confinement
are categorized based on thier lenght of sentence into either a nunicipal, city, provincial or
national prisoner facilities based on these categorizations.

Non Correctional Institutions refer to that method of correcting sentenced offenders without
having to go to prison.

Correction

- a branch of Criminal Justice System with the custody, supervision and rehabilitation of
criminal offender.

- it is the field of criminal justice administration which utilize 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.

- it is the study of jail/prison management and administration as well as the rehabilitation and
reformation and reformation of criminals.

Correction as a process

- refers to the reorientation of the criminal offender to preven him or her from repeating his
deviant or delinquent actions without the necessity of taking punitive action but rather
introduction of individual measures of reformation..

Correctional and the Criminal Justice system

Criminal Justice System is the machinery of any government in the control and prevention of
crimes and criminality.

5 PILLARS OF PHILIPPINE CRIMINAL JUSTICE SYSTEM

1. Law Enforcement

2. Prosecuion

3. Court
 4. Corretion

5. Community

Correction as one of the pillars of Criminal Justice System is considered sa the weakest pillar.
This is because of its failure to deter individuals in committing crimes as well as the reformation
of inmates. This is evident in increasing number of inmates in jails or prison. Hence, the need of
prison management is necessary to rehabilitates inmates and transform them to become law
abiding citizens after their release.

Correction is the fourth pillar of the criminal justice system This pillar takes over once the
accuse, after having been found guilty is meted out of the penalty for the crime he committed.
He can for probation or he could be turned over to a non - Institutional or Institutional facility
or agency for custodial treatment and rehabilitation. The offender could avail the benefits of
Parole or executive clemency once he has serve the minimum period of his sentence

When the penalty is imprisonment, the sentence is carried out either in the municipal,
provincial or national penitentiar depending on the length meted out.

Correctional System

Function of correction

1. To rehabilitate and neutralize the deviant behavior of adult criminals and juvenile
delinquents.
2. This component of Criminal Justice System faces a three-side task in carrying punishment
imposed on the convicted offender by the court;
• to deter
• .to inflict retribution
• to rehabilitate

- the components of correction effectuate their functions through different programs;

1. probation

2. commitment

3. an institution

4. Parole
CHAPTER 1: HISTORICAL PERSPECTIVE ON CORRECTIONS

TOPIC 1: Important Dates and Events in the History of Correction:

1. 13th Century - Securing Sanctuary

- 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.
2. 1468 (England) - torture as a form of Punishment became prevalent.
3. 16th Century - transportation of criminals in England, was authorized. At the end of the
16th Century, Russia and other European Countries followed this system. It partialy
relieved overcrowding of prisons. Transportation was abandobes in 1835.
4. 17th Century to late 18th Century - Death penalty became prevalent as a form of
Punishment.

Reason why Death Penalty became the usual Punishment during this period and thereafter.

1. Death of outlaws became a "protection fo the English people". It is because the people
during this period did not totally believe yet in the ability to a strong police forc to
combat criminals.
2. People lack of onfidence in the transportation of criminals. Gaols and Galleys became
center of corruption and in effective instrument 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 rulling 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 lower working
class. The law makers and enforcers used death penalty to cover property loss or
damage without further contemplating the value of life of other people.

The Primary School of Penology

1. The Classical School - 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.

2. The Neo-Classical School - it maintained that while the classical doctrine is correct in general,
it should be modified in a 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 or the punishment should be lenient.
3. The Positivist/ Italian School - the school that denied individual responsibility and reflected
non-unitive reactions to crime and criminality. It adheres that crimes, as any other act, is a
natural phenomenon. Criminal are considered as sick individuals who need to be treated by
treatment programs rather than punitive action against them.

The Primitive Society

In the beginning of civilization, act are characterized by behavioral controls categorized

as:

• Forbidden acts
• Accepted acts
• Encourag acts

Forbidden Acts - crimes, violence, rebellious acts and other acts, which are expressly prohibited
by the society.

Accepted Acts - are those that can be beneficial to the welfare of the society such as early
traditions and practices, folk ways, norms, those that are controlled by social rules, and laws.

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. Punishment is required when those who intent to violate the rules do not
comply with these practices.

The complex society gradually evolved changing the social rules into a more structured
sanctions to prevent the violations of those rules essential to a 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) - the earliest remedy for wrong act to any one ( in the
primitive society). The concept of personal revenge by the victims family or tribe against
the family or tribe of the offender, hence "blood feuds" was accepted in the early
primitive societies.
❖ Fines and Punishment - Custom has exerted effort and great force among primitive
societies. The acceptance of vengeance in the form of payment (cattle, foo, personal
services, etc) became accepted as dictated by tribal tradition. As tribal leaders, elders
and later kings came into power, they begun to exert their authority on the nenegotiatio.
Wrongdoers could choose to stay away from the proceedings (Trial by Ordeal) but if
they refuse to abide the law imposed they will be declared to be an outlaw.
 Significant Event in the History of Penal Institutions and Development of
Correctional System
Babylonian and Sumerian

A. Code of Hamurabi - (Babylonian) - is usually credited with being the oldest Code prescribing
savage punishment, but in fact, Code of Ur-Nammu (Sumerian) was nearly one hundred years
older.

B. 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.

CODE OF HAMMURABI CODE 0F UR-NAMMU

➢ 1754 BC ➢ 2100 – 2050 BC

➢ Lex Taliones “Law of Talion” ➢ Oldest Code than Hammurabi
➢ Principle (An Eye for an Eye or Tooth for
a Tooth)
➢ Punishment: Death or Mutilation
➢ First Codifier of Law
➢ The first comprehensive view of the laws ➢ Translated by Samuel Kramer
➢ The code was carve in “Stone”
➢ 282 Articles
➢ Museum of France “Index Finger” ➢ Instanbul Archaelogy Museums
➢ Bit Kili means “Incarceration”

Roman and Greek

A. Justian Code - 6th C. A. D., Emperor Justian of Rome wrote his code of law. an effort to
match desirable amount of punishment to all possible crimes. However, the law did nit survive
due to the fall of the Roman Empire but left a foundation of Western legal codes.

Twelve Table of (XII Tabulae), (451-450 BC) - represent the eariest codification Roman law
incorporated into the Justian Code.It is the foundation of all public and private law of the
Roman's until the time of Justian. It is also a collection of legal principles engraved on metal
tablets and set up on the form.

TWELVE TABLES JUSTINIAN CODE

➢ 451 – 450BC ➢ Circa 482 – 14 November 565 (Byzantine

➢ Lex Duodecim Tabularum Emperor Justinian)
➢ Incorporated (merged) into the Justinian ➢ Corpuz Juriz Civilis Justinian
 Code finished in 529 ➢ The “Last Roman”
➢ Foundation of all laws in Rome and
written in tablets of bronze
➢ (Decemvirate – board of “Ten Men” )

TWELVE TABLES JUSTINIAN CODE

B. 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 Greek were the first society allows the first citizen to prosecute the offender in the name of
the injured party.

CODE OD DRACO CODE OF SOLON

➢ The ultimate “Severity” ➢ Repealed the law of Draco except

➢ 7th BC Homicide
➢ First Recorded Legislator of Athens in ➢ Circa 638 – Circa 558 BC
Ancient Greece ➢ Appointed arcon and was given
➢ Axones means “Wooden Tablet” legislative powers
➢ Draco introduced the Lot- chosen ➢ The “wise law giver”
Council of Four hundred ➢ All of his law was applied to all equally
➢ Homicide cases – “kill by relative of the ➢ Certainty of Punishment
victim/s” ➢ Statue of Solon – Congress of America
➢ Statue of Draco – Supreme Court of
America

The Burgudian Code (500A. D) - specified punishment according to the social class of offenders,
dividing them into: nobles, middles class and lower class and specifying the value of the life of
each person according to social status.

- Offender had to pay the specified value in order not to undergo physical suffering as
penalty.

Mosaic law – allowed extreme punishment 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 1 witness.

Nicodemeans Ethics – written in 400 BC first publication that explain 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 Centuriate
Assembly.

MAMERTIME PRISON UNDERGROUND CISTERN

 ➢ 64 BC ➢ Greek "box or basket" - a water proof
receptacle for holding liquids, usually
➢ Roman place of confinement which is built water.
under the main sewer of Rome
➢ form of prison used to detain offenders
➢ Tullius "Jet of Water" undergoing trial in some cases

➢ to hold sentences offenders where they

were to be starved to death.

France - it is considered as "Devil Island".

Ergastulum – Roman Prison that was used to confine slaves where they were attached to workbenches
and forced to do hard labor.

Benefit of Clergy - provided an escape for severe punishments as a member of clergy such as ordained,
novices and nuns by subjecting him into jurisdiction of ecclesiastical court. Ecclesiastical punishment
were lenient because the focus of the church was on penance and salvation of our soul rather than in
administering physical punishment for the purpose of deterrence and revenge.

Securing Sanctuary - in the 13th century te criminal could avoid arrest and punishment by claiming
refugee in such a period of forty (40) days. At the end of which time, he was compelled to leave the
realm by a road or part to him away from the hands of authority.

Ordeal - is the church's substitute for a trial until 13th century where in guilt or innocence was
determined by ability of the accused by being unscathed through dangerous and painful tests.

Charlemagne - gave bishop the power to act as as real judge which enabled Bishop to rule a secular.

The Holy Inquisition - a general label for a succession of Roman Catholic Tribunals charged with the
detection punishment of heresy.

Pope Innocent VIII 1487 – issued Papal Bull that allowed refugee offenders to be 3 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 crime, 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 – 385AD the first recorded Christian who 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 hand 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 the stake. He also initiated the inquisition that lead to the
burning of hundred heretics.

Pope Innocent IV – officially introduced torture to the Inquisition procedure in 1252.

Pope John Paul II – reverse the practice of death as a 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”.

Imprisonment - in the latter half of the 13th century, under the reign of King Edward I, incarceration
came into use in England. Imprisonment was also used by the church Firstly because they were not
permitted to use of first penalty and secondly because they had an appreciation of the value of
withdrawal from association with others. Extensively used during the inquisition. Imprisonment was
almost not use in Greece, and not all in the Roman Republic, but used for minors offenses in Roman
Empire. In England, in the Middle of !6th century, imprisonment used extensively by committing
vagrants and others to the House of Correction.

King Henry VII of England – he decreed corporal punishment for vagrant in 1531 and penal slavery in
1547 to depend the interest of the still dominant landlord class.

Bridewell Institution in Bridewell, England – establish during the reign of king Edward VI, as a
workhouse of 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 the banishment of
offenders to the colonies.

Bridewell - a term for House of Correction which were used for locking up, employing and whipping
beggars, and other misfits. This institution were build around the acceptable value of regular work and
the of habits of industry.

Saint Bridget's well - England first House of Correction.

1575 - English Parliament passed a law calling for each country to build their own Bridewells.

1703 Pope Clement XI- build Hospicio de San Michelle in Rome, designed for incorrigible youths under
20 years old and which was he First home for delinquent boys over establish. This institution had the
motto inscribed over, "It is sufficient to restrain the wicked by punishment, unless you render the
virtuous by corrective discipline."

Transportation of Criminals - in England, was authorized at the end of 16th century, followed by
Russians and European countries. This system partially relieved overcrowding of prisons. Transportation
system was abandoned.
Goals – other word of jail during early days, were hard for poor prisoner but not for those who are
wealthy. This was because prisoners had to pay for their accommodations, food and cost of
administration and security. Beddings, blankets, light and everything were sold or rented to prisoners of
very high rates. The jailer or goaler was paid from payment of prisoners.

- pretrial detention facilities operated by English Sheriff.

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 te 18th and 19th century.
These were abandoned warships converted into prisons as means of relieving congestion of
Prisoners. They were also called "floating hells".

Cesare Beccaria - published his essay "Crime and Punishment" in 1764 which was his greatest
contribution to penal law, formulating the philosophy of the classical school.

Jeremy Benham - further develop the philosophy of the classical school with his Hedonistic Calculus.
Both Beccaria and bentham believed in the doctrine of free will.

Panoptican Prison - type of prison conceived by Bentham which would consist of a large circular
building of cast iron, and glass containing multi-tierred cells around the periphery. This was never built
de to high cost.

Lombroso, Becaria and Bentham – their efforts change the prison system based on solitary confinement
and hard labor so that by 1779 a penitentiary was passed that mandated the establishment of prison
system.
John Howard - was appointed sheriff of Bedforshire, England in 1773; after visiting guard hundreds of
Penal institutions and made recommendations for their reform including:

✓ Single cell for sleeping

✓ Segragation of woman
✓ Segragation of youth from other offenders;
✓ Provision faciities for sanitation;
✓ Abolition of the fee system by which jailers obtained money from prisoners in lieu of adequate
salaries.

William Peru - the first leader to prescribe imprisonment as a correction treatment for major offender.

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 was passed establishing the principle of solitary confinement, strict
discipline, productive work and segregation of the more dangerous offenders.

Norfolk Prison at Wymondham, England – after the Penitentiary Act of 1779 this prison was opened.

Connecticut State Prison – used 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.

Cat-ONine Tails - a slash of nine knotted throngs of law hides attached to solid handle, used in the
administration of flogging, which was most popular method of corporal punishment.

National Penitentiary of Milkbank – followed in 1821.

Maine State Prison – underground facilities to incarcerate offenders

contained cells in the 4 pits similar to the underground cistern of long ago.
Rome that used to detain offenders undergoing trial in some cases and to
hold sentenced offenders where they will starved to death. These pits
were entered through an iron gate in the ceiling during late 1828

Pentonville National Penitentiary – opened in 1842.

Alexander Solshenitsyn – a political prisoner who popularizes banishment in Gulag Archipilago in a
novel.

Banishment - the punishment of being sent away from a country or other place

2 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.

2. It reduced number of criminals and the concomitant reduction of criminality in the country of origin.

Penal Code of Russia (1845) – punishes offenders to hard labor for 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.

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 floggings, denial of reading materials
and solitary confinement. The shower bath was a gadget do constructed as a 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 prisoner immediate sank into come due to the shock and
hypothermia or sudden drop of the body temperature.

James Bennet - Director of Federal Bureau of Prisons who wrote about te closing Alcantraz Prison.

Alcantraz Prison(The Rock) - opened in 1934, closed on March 21, 1936 because it was costly on
operation. Estimate were at repairs alone would run between 41/2 and 5 billion dollars. As far as 1940,
it had a per capital cost of over twice the average of all federal institutions. When it closed, it has 260
inmates.

Fred T. Wilkinson - the last warden of Alcatraz Prison.

Split Sentence - the imposition of penalties such as imprisonment and fine.

Australia - the place which was a penal colony become a country.

Convicted Criminal in England were transported to Australia, a colony of Great Britain when
transportation was adopted in 1790 to 1875.

Development of Prisons

Prisons evolved as a substitute for Transportation of Criminals to distant places. Medieval Europe
used this form of transporting prisoners to distant colonies to export labor.
Prison of Ghent - it establish by JACQUES VILAIN in the city of Ghent, Belgium in 1771. It was designed
to rehabilitate rather than punish the prisoners. VILAIN developed strict classification of criminals and
their segregation. He considered THE FATHER OF PENITENTIARY SCIENCE.

Panoptican Technique - JACQUES VILAIN developed the architectural design of the prisoner where cell
block radiate in a single central court where the guard are posted. It's inside cell block construction of
cell blocks place back to back was also adopted in the conventional penitentiary. This architectural
design is called PANOPTICAN TECHNIQUE.

London House of Correction - It was establish in London in 1596. It was where beggars or able-bodied
mendicants and wanton females wee housed. The London House of Correction was later named
BRIDEWELL, because at the said House of Correction was found a well known of its medicinal properties
and was called ST. BRIDEGET'S WELL.

Penitentiary -JOHN HOWARD (1725-1790) ENGLAND - He was the greatest penal reformer. He was the
first who advocated the establishment of a penitentiay from the house of correction or jail and a
program of work, education and religion is best design for reformation.

De San Michelle - it was established by Pope Clement in 1776 where vigorous prison reforms were
implemented.

The Clergy - it was a practice where Clergymen were exempted from the jurisdiction of the Secular
Court or arrest or attachment in criminal cases. It was allowed before 1827.

Penitentiary Act of 1779 (England) - it was established or enacted into law for creation of penitentiary
houses upon four fundamentals:

1. Secure and Sanitary structures;

2. Systematic Inspection
3. Abolition of fees against inmates; an
4. Reformation of Regimes.
Sir William Blackstone - authored the Penitentiary Act of 1779, based on the published work of John
Havland with respect to prison reform. This was the first law of the creation of Penitentiary houses.

United States of America - Prior to the revolution, the colonies were governed by barbaric penal codes
from England. Welliam Penn's colonies of Pennsylvania were influence greatly by the philosophy of
society. No corporal punishment was resorted to and recognized no capital offense except meditated
murder.

THE TWO RIVAL PRISONS IN THE HISTORY OF CORRECTION/ TWO MAJOR CORRECTIONAL SYSTEMS IN
THE UNITED STATE OF AMERICA

A. The Auburn Prison System - the prison system called the "Congregate System".

- The prisoners are confined in their own cells during the night and congregate work in the
shops during the day. Complete silence was enforced.
B. The Pennsylvania Prison System - the prison system called "Solitary System".

- Prisoner is confined in single cells day and night where they lived, they slept, and they ate and receive
religious instructors. Complete Silence was also enforced. They are required to read the Bible.

AUBURN SYSTEM PENNSYLVANIA SYSTEM

• In year 1819
• Confinement of prisoner in a single cell at
night and congregate work in shops during
the day.
• Adopted by the United States
• Elam Lynds, the first warden of Auburn
Penitentiary.
• Arch. John D. Cray, Deputy warden
• In year 1829
• Confinement of prisoner in their own cells
day and night.
• Adopted by European Countries.
• Solitary confinement in cell 16ft high,
nearly 12ft long, 7.5 feet wide.

Solitary Confinement
Congregate System
(Separate System)
(New York System)

Early Codes (Philippine Setting)

The Philippines is one of many countries that 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 the 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 by the king of Spain. Basically this laws
adopted the Roman Law principles (Coquia, Principles of Roman Law, 1996).

Mostly tribal tradition, 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 Prison in the Phlippines:

 During the Pre-Spanish Period, prison system in the Philippines was tribal in nature,
Village chieftains administred it. It was historically traced from the early written laws.

1847, the first Bilibid prison as constructed and became the central place of confinement 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 in tented as a site for boys' training school. Today, the old Blibid Prison is now being
used as the Manila City Jail, famous as the "May Halique Estate".

The Emergency of Secular Law

4th A. D. - Secular Laws were advocated by Christian philosophers who recognizes the
need for justice. Some of the proponents these laws were St. Augustie and St. Thomas Aquinas.

Three Laws were distinguished:

1. Eternal Law ( Lex Eterna) - identical to the mind of God himself. It can called law because
God stands to the Universe which he creates a ruler does to a community which he rules. When
Gods reason is considered as it is stand by God Himself.

2. Natural Law (Lex Naturalis) - is a theory in ethics and philosophy that says that
human beings possess intrinsic values that govern our reasoning and behavior. Natural law
maintains that these rules of right and wrong are inherent in people and are not created by
society or court judges.24 Nov 2020

3. Human Law (Lex Humana)

All these laws are intented for the common good, but the Human Law only become valid if it
does not conflict with the other two laws.

TOPIC 2: THE CONCEPT OF PUNISHMENT

Punishment -the general concept is that it is the infliction of ome sort of pain on the offender for
violating the law.

In its legal sense, it is the redress that the state takes against an offending member with
the observance of due process inorder to attain justice.

In its sociological perspective, punishment is also a form of condemnation or dsapproval

of a certain behavior that deviates from the norms and established order of society for which imposition
of penalty is carried out.

Punisment is necessary to attain public justice. It means that carried out not only for
personal vengeance on those who are victims but also for the good of society.
Historical review in the form of Punishment

1. Capital Punishment - Death penalty by hanging, burning, immersing, in boiling oil, feeding to
the Wil animals and other barbaric ways.

2.Corporal Punishment - By flogging, mutilation, disfiguration, and mailing.

3. Public Humiliation and Shaming - By the use of stocks and pillory, docking stools, branding
with hot iron and shaving of hairs.

Ancient Forms of Punishment:

1. Death Penalty affected by burning, beheading, hanging, breaking at the wheels, pillory and
other forms of medieval execution.

2. Physical Torture - affected by maiming, mutalation, whipping and other inhumane or barbaric
forms of inflicting pain.

3. Social Degradation - putting the offender into shame or humiliation.

4. Banishment or Exile - sending or putting away of an offender which was carried out either by
prohibition againts 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 or Discipline:

1. HardLabor - productive works.

2. Deprivation - deprivation of everything except the bare essentials of existence

3. Monotony - giving thesame food that is "off die" or requiring the prisoners to perform drab or
boring daily routine.

4. Uniformity - "we treat prisoner 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 the prisons staff to the
prisoner to degrade or brea the confidence of the prisoner.

7. Corporal Punishment - imposing brutal punishment or employing physical force to indimidate

a delinquent inmate.

8. Isolation or Solitary Confinement - non - communication, limited new, " the lone wolf ".
Contemporary Form of Punishment:

1. Imprisonment - putting the offender in prison for the purpose of protecting the public against
criminal activities and at thesame time rehabilitating the prisoners by requiring them to undergo
institutional treatment programs.

2. Parole - a conditional release of a prisoner after serving part of his/ her sentence in prison for
the purpose of gradually reintroducing him/her to free life under the guidance and supervision of a
Parole officer.

3. Probation - a disposition whereby the defendant after conviction of an offense, the penalty of
which does not exceed six years of imprisonment, is released subject to conditions imposed by the
realeasing court and under the supervision of the 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 crime,
prohibiting to get near or enter 25 kilometer perimeter.

Purposes/Justification of Punishment

1. Retribution - the punishment should be provided by the sate whose sanction is violated, to
afford the society or individual the opportunity of imposing upon the offender suitable punishment as
might to be enforced. Offenders should be punished because they deserve it.

2. Expiration or Atonement - it is punishment in the form or group vengeance where the

purpose is to appease the offended public or group.

3. Deterrence - punishment gives lesson to the offender by showing to the offenders 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 offenders has done.

4. Incapacitating 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 and Rehabilitation - 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 rehablitation in prison.

TOPIC 3 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 te correctional field by
certain person, gradually changing the old positive philosophy of Punishment to a more humane
treatment of prisoners with innovation programs.

The Pioneers:

1. William Penn (1614-1718)

- He fought for religious freedom and individuals rights.

- He is the first leader to prescribe imprisonment as a correctional treatment for major offenders.

- He also responsible for the abolition of death penalty and torture as a form of punishment.

2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de Montesiquieu)

- (1689- 1755) A French historian and philosopher who analyzed law as an expression of justice.
He believe that harsh punishment would undermine morality and that appealing to moral
sentiments as a better means of preventing crime.

3. Voltaire (Francois Marie Arouet)

- (1694 - 1778) He was the most versatile of all philosophers during this period. He believes that
fear of shame was a deterrent to crime. He fought the legality - sanctioned practice of torture.

4. Cesare Bonesa, Marchee de Beccaria (1738-1794)

- He wrote an essay entitled "An Essay on Crimes and Punishment" , the most exiting essay on
law during this century. It presented the humanistic goal.

5. Jeremy Benham (1748-1832)

- the greatest leader in te reform of English Criminal law. He believes that whatever punishment
designed to negate whatever pleasure or gain the criminal derives from crime, the crime rate
would go down.
- Bentham was the one who devise te ultimate PANOPTICAN PRISON - a prison that consist of a
large circular building containing multi cells around the periphery. It was never built.

6. John Howard (1726 - 1790)

- the sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform. After his
findings on English Prisons, he recommended te 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.

EUROPE, SEVERAL PENAL ADMINISTRATORS CAN BE MENTIONED AMONG THOSE WHO

CONTRIBUTED THE PROGRESSIVE DEVELOPMENT REFORMATORY SYSTEM.
The Reformatory Movement

1. Manuel Montesinos – director of the prison of Valencia, Spain, in 1835, divided prisoners into
companies and appointed prisoners as petty officers in charge; offered trade training to prepare the
convicts for return of society. Academic classes of one hour were given in all inmates under 20 years of
age.

2. Domet of France – established and agricultural colony for delinquent’ s boys in 1839. The boys were
housed in cottages with house fathers as in charge. The system was based on re education rather than
force. When discharge the delinquent boys were placed under supervision. He concentrated on
reduction; upon their discharge, the boys were placed under the prison of a patrol.

3. Alexander Macanochie – Superintendent of the penal colony at Norfolk Island in Australia

introduced a progressive Humane System to substitute for corporal punishment, known as the "Mark
System" When a prisoner earned a required number of marks he was given a ticket of leave, which is the
equivalent of parole.

- he introduced several progressive measures which aimed at rehabilitating prisoner,

like fair deciplinary trials, but churches, distributed books, allowed plays to be staged, and permitted
prisoners to tend small gardens for his progressive administrations of prisoners.

- should be considered as one of the father of modern penology.

- was a Scottish naval officer, geographer, andpenal reformer. He is known

as the Father of Parole.

His 2 Basic Principle of Penology

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, and
2. A convict's imprisonment should consist of task, not time sentences, with release
depending on the performance of a measurable amount of labour.

Macanochies Mark System consisted of five 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
5. Full restoration of Liberty

4. Walter Crofton – Chairman of the directors of Irish Prison. In 1856, he introduced the Irish System,
latter called the progressive stage system. The Irish System was actually a modification of Macanochie's
work system considered of four (4) stages;
 1. First stage of the Irish System was solidarity confinement for nine months at a certain
prison.
- the prisoner at this stage were given reduced diet and allowed monotonous work. The
Prisoner progress to a more interesting work, some education, and better treatment
toward the end of the first stage.
2. Second Stage was an assignment to the public works at Spike Island.
- the prisoner worked his promotion through a series of grades according to a mark system,
and wore a badge od distinction to show his status.
3. Third Stage the prisoner was sent to lurk or Smithfield which was a sort of preparation for
release.
- Here the prisoner work without custodial supervision and was expose to ordinary
temptation of freedom.
4. Final Stage was release on supervision under conditions equivalent to present day parole.

5. Sir Evelyn Ruggles Brise

- The Director of English Prison who opened the Borstal Institution for young offenders. The
Borstal Institution is considered as the best reform institution for young offenders today.

6. Zebulon Brockway

- The Superintendent of Elmira Reformatory in New York (1876) who introduced certain
innovation 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.

TOPIC 4. PENALTY AND THE MODERN PERIOD OF CORRECTION

PENALTY - Is defined as the suffering inflicted by the state against an offending member for the
transgression of law.

Juridical Conditions of Penalty

Punishment must be:

1. Productive of Suffering - without however affecting the integrity of te human personality.

2. Commensurate with the offense - different crimes must be punished with different penalties (Art. 25,
RPC)

3. Personal - the guilty one must be the one to be punish, no proxy.

4. Legal - the consequence must be in accordance with the law.

5. Equal - equal for all person.

6. Certain - no one must escape its effects.

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 to 40 years of imprisonment.

3. Reclusion Temporal - 12 years and 1 day to 20 years of imprisonment.

4. Prison Mayor - 6 years and 1 day to 12 years of imprisonment.

5. Prison Correctional - 6 months and 1 day to 6 years of imprisonment,.

6. Arresto Mayor - 1 month and 1 day to 6 months of imprisonment

7. Arresto Menor - 1 day to 30 days of imprisonment.

8. Bond to Keep the Peace - discretionary on the part of the court.

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 ground of race, color
language, religion, or other opinion, national or social origin, property, birth or other status.

2. The religious belief and moral percepts not contrary to law, which a 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 examples.

5. Abusive or Independent language to prisoners shall not be used.

6. Special care towards inmates shall be practiced preventing humiliation or degradation.

7. No use of force must be made by any custodial force, except in self-defense or attempt to escape or
incase of passive physical resistance to a lawful order.
8. Custodial Force shall bear in mind that prisoners are sick people who need treatment.