Professional Documents
Culture Documents
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.
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
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.
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.
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.
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 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.
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.
PD 968 - Probation law of 1976 - this is the title of the decree/law. It took effect July 24, 1976.
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.
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.
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.
17. The idea that punishment will be give the offender lesson
by showing to others what would happen to them if they
have
committed the heinous crime.
A. Protection
B. Deterrence
C. Lethal injection
D.Stoning Answer: B
45. Which is a warrant issued by the court bearing its seal and
signature of the judge directing the jail or prison authorities to
receive the convicted offender for service of sentence or
detention?
A. Mittimus
B. Detention Mittimus
C. Sentence Mittimus
D. Detention Warrant Answer: C
53. Aside from protecting the public, imprisonment has for its
latest objective, the
A. reformation of offenders
B. deterrence
C. segregation of offender
D. confinement of Offender Answer: A
55. Under the prison rules, who is charged for the hearing of
disciplinary cases in prison?
A. Classification Board
B. Parole Board
C. Administrative Board
D. Disciplinary Board Answer: D
123. If the warden is taken as the hostage, for all intents and
purposes, he ceases to exercise authority and the next in
command or the __________ officer present shall assume the
command.
A. Veteran
B. Assistant
C. Most senior
D. Custodian Answer: C
130. Who among the following was the builder hospice of San
Michelle, a reformatory for delinquent boys
A. Montesquieu
B. Pope Clement XI
C. Samuel Romily
D. John Howard Answer: B
152. He wrote his book “State of the Prisons” and he was also
considered as the great prison reformer.
A. John Howard
B. John Augustus
C. William Penn
D. Domets of France Answer: A
177. The case where the Supreme Court laid down the
doctrine tha the absolute pardon removes all that is left of the
consequencesof conviction, and that it is absolute in so far it
restores the pardonee to full civil and political rights.
A. Cristobal vs. Labrador
B. Fernandez vs. Aquino
C. People vs. Galit
D. None of these Answer: A
178. The power of the chief Executive to grant pardon is
limited to the following, except:
A. Pardon can not be extended to cases of
impeachment.
B. No pardon, parole or suspension of sentence for the
violation of any election law may be granted without favorable
recommendation of the Commission of Elections.
C. Pardon is exercised only after conviction
D. Pardon is administered by the court Answer: D
190. Who among the following was given the title “father of
Prison Reform” in the United States?
A. Zebulon Brockway
B. Robert Peel
C. John Howard
D. Alexander Macanochie Answer: A