Chapter 9

United Nations Standard Minimum for the Treatment of Prisoners

Standard Minimum Rule for the Treatment of Prisoners

Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offecnders.
Held at Geneve in 1935, and approved by the Economic and Social Council by its Resolution 663 C (XXIV) of 31
July 1957 and 2076 (LXII) of 31 May 1977.

Introdutory Statements (Preliminary Observations)

1. The UN Standards Minimum for the Treatment of Prisoners are not intended to describe in detail a model
system of penal institutions. They seek only, on the basis of the general consensus of contemporary thought
and the essential elements of the most adequate systems of today, to set out what is generally accepted as
being good principle and practice in the treatment of prisoners and the management of institutions.

2. In view of the greatest variety of legal, social, economic and geographical conditions of the world, it is
evident that not all of the rules are capable of application in all places and at all times. They should,
however, serve to stimulate a constant endeavor to overcome practical difficulties in the way of their
application, in the knowledge that they represent , as a whole , the minimum conditions which are accepted as
suitable by the United Nations.

3. On the other hand, the rules cover a field in which thought is constantly developing. They are not intended to
preclude experiment and practices, provided these are in harmony with he principles and seek to further the
purposes which derive from the text of the rules as a whole.

4. The rules does not seek to regulate the management of institutions set aside for young persons such as
Borstal institution or correction schools, but in general would be equally applicable in such institutions.

RULES OF GENERAL APPLICATION

Basic Principle
The following rules shall be applied impartially.

a. There shall be no discrimination on grounds of race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth of other status.
b. It is necessary to respect the religious beliefs and moral precepts of the group to which a prisoner belongs.

Registry Book

In every Place where persons are imprisoned there shall be kept a bound registration book with numbered
pages in which shall be entered in respect of each prisoner received:

a. Information concerning his identity

b. The reasons for his commitment and the authority; and
c. The day and hour of his admission and release.

 No person shall be received in an institution without a valid commitment order of which the details shall have
been previously entered in the register.

Separation Categories

The different categories of prisoners shall be kept in separate institution or parts of institution taking account of
their sex, age, criminal record, the legal reasons for their detention and the necessities of their treatment.
 a. Men and women shall so far as possible be detained in separate institutions; in an institution which
receives both men and women the whole of the premises allocated to women shall be entirely separate.

b. Untried prisoners shall be kept separate from convicted prisoners;

c. Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by
reason of criminal offence.

d. Young prisoners shall be kept separate from adults.

Accommodation

a. Where sleeping accommodation is in individual cell or rooms, each prisoner shall occupy by night a cell or
room by himself.

b. Where dormitories are used, they shall be occupied by prisoners carefully selected as being suitable to
associate with one another in those conditions. There shall be regular supervision by night, in keeping with
the nature of the institution.

c. All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall
meet all requirements of health, due regards being paid to climatic conditions and particularly to cubic
content of air, minimum floor space, lightning, heating and ventilation.

d. In all places where prisoners are required to live work, (1) the windows shall be large enough to enable the
prisoners to read or work by natural light, and shall be so constructed that they can allow the entrance of
fresh air whether or not there is artificial ventilation; (2) artificial light shall be provided sufficient for the
prisoners to read or work without injury to eyesight.

e. The sanitary installations shall adequate to enable every prisoner to comply with the needs of nature when
necessary and in clean and decent manner.

f. Adequate bathing and shower installations shall be provided so that every prisoners may be enabled and
required to have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for
general hygiene according to season and geographical region, but at least once a week in a temperate
climate.

g. All parts of an institution regularly used by prisoners shall be properly maintained and kept scrupulously
clean at all times.

Personal Hygiene

Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and
with such toilet articles as are necessary for health and cleanliness.

Clothing and bedding

a. Every prisoner who is not allowed to wear his own clothing shall be provided with an outfit clothing suitable for
the climate and adequate to keep him in good health.

b. All clothing shall be cleaned and kept in proper condition. Underclothing shall be changed and washed as often
as necessary for the maintenance of hygiene.

c. In exception circumstances, whenever a prisoner is removed outside the institution for an authorized purpose,
he shall be allowed to wear his own clothing or other inconspicuous clothing.

d. If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission to the
institution to ensure that it shall be clean and fit for use.
e. Every prisonee shall, in accordance with local or national standards, be provided with a separate bed, and with
separate and sufficient bedding which shall be clean when issued, kept in good order and changed often enough
to ensure its cleanliness.

Food

Every prisoner shall be provided by the administration at the usual hours with food and nutritional value
adequate for health and strength, of wholesome quality and well prepared and served. Drinking water shall be
available to every prisoner whenever he needs it.

Exercise and Sports

a. Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the
open air daily if the weather permits.

b. Young prisoners, and others of suitable age and physique , shall receive physical and recreational training
during the period of exercise. To this end space, installations and equipment should be provided.

Medical Services

a. At every institution there shall be available the services of at least one qualified medical officer who should
have some knowledge of psychiatry. The medical services should be organized in close relationship to the
general health administration of the community or nation.

b. Sick prisoners who require specialist’s treatment shall be transferred to to specialized institution or to civil
hospitals. Where hospital facilities are provided in an institutions, their equipment, furnishing and
pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there
shall be a staff of suitable trained officers.

c. The services of a qualified dental officer shall be available to every prisoner.

d. In women’s institutions there shall be special accommodation for all necessary prenatal and post-natal care
treatment. Arrangements shall be made whenever practicable for children to be born in a hospital outside
the institution. If a child is born in prison, this fact shall not be mentioned in the birth certificate.

e. Where nursing infants are allowed to remain in the institution with their mothers, provision shall be made
for a nursery staffed by qualified persons, where the infants shall be placed when they are not in the care
of their mothers.

f. The medical officer shall see and examine every prisoner as soon as possible after his admission and
thereafter as necessary, with a view particularly to the discovery of physical or mental illness and the taking
of all necessary measures.

g. The medical officer shall have the care of the physical and mental health of the prisoner’s and should daily
see all sick prisoners, all who complain of illness, and any prisoners to whom his attention is specially
directed.

h. The medical officer shall report to the director whenever he considers that a prisoner’s physical or mental
health has been or will be injuriously affected by continued imprisonment or by any condition of
imprisonment.

i. The medical officer shall regularly inspect and advise the director upon:

i. The quantity, quality, preparation and service of food

ii. The hygiene and cleanliness of the institution and the prisoners
iii. The sanitation, heating, lighting and ventilation of the institution
 iv. The suitability and cleanliness of the prisoner’s clothing and bedding
v. The observance of the rules concerning physical education and sports, in cases where there is no
technical personnel in charge of these activities.

j. The director shall take into consideration the reports and advice that the medical officer. In case he concurs
with the recommendations made, shall take immediate steps to give effect to those recommendations; if
they are not within his competence or if he does not occur with them, he shall immediately submit his own
report and the advice of the medical officer to higher authority.
Discipline and Punishment

Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for
safe custody and well-ordered community life.

1) No prisoners shall be employed, in the service of the institution, in any disciplinary capacity.

2) This rule shall not, however, impede the proper functioning of systems based on self-government, under
which specified social, educational or sports activities or responsibilities are untrusted, under supervision,
to prisoners who are formed into groups for the purposes of treatment.

The hours so fixed shall leave one rest day a week and sufficient time for education and other activities
required as part of the treatment and rehabilitation of the prisoners.

1. There shall be a system of equitable remuneration of the works of prisoners

2. Under the system prisoners shall be allowed to spend at least a part of their earnings on approved articles
for their own use and to send a part of their earnings to their family.

3. The system should also provide that a part of the earnings should be set aside by the administration so as
to constitute a savings funds to be handled over to the prisoner on his release.

Education and Recreation

1) Provision shall be made for the further education of all prisoners capable of profiting thereby, including
religious instruction in the countries where this is possible. The education of illiterates and young prisoners
shall be compulsory and special attention shall be paid to it by the administration.

2) So far as practicable, the education of prisoners shall be integrated with the education system of the
country so that after their release they may continue their education without difficulty.

3) Recreational and cultural activities shall be provided in all instructions for the benefit of the mental and
physical health of the prisoners.

Social relation and after-care

Special attention shall be paid to the maintenance and improvement of such relations between a prisoner and
his family as are desirable in the best interests of both.

From the beginning of a prisoner’s sentence consideration shall be given to his future after release and he shall
be encouraged and assisted to maintain or establish such relations with persons or agencies outside the institution
as may promote the best interest of his family and his own social rehabilitation.

1. Services agencies, government or otherwise, which assist released prisoners to re-establish themselves in
society shall ensure, so far as is possible and necessary, that released prisoners be provided with appropriate
documents and identification papers, have suitable home and work to go to, are suitably and adequate clothed
having regard to the climate and season, and have sufficient means to reach their destination and maintain
themselves in the period immediately following their release.
2. The approved representatives of such agencies shall have all necessary access to the institution and to prisoners
and shall be taken into consultation as to the future of a prisoner from the beginning of his sentence.

3. It is desirable that the activities of such agencies shall be centralized or coordinated as far as possible in order to
secure the best use of their efforts.

Insane and mentally abnormal prisoners

1) Persons who are found to be insane shall not be detained in prisons and arrangements shall be made to remove
them to mental institutions as soon as possible.

2) Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in specialized
institution under medical management.

3) During their stay in prison, such prisoner shall be placed under the special supervision of medical officer.

4) The medical or psychiatric service of the penal institutions shall provided for the psychiatric treatment of all
other prisoners who are in need of such treatment.

Prisoners under arrest or awaiting trial

Person arrested or imprisoned by reason of a criminal charge against them, who are detained either in police
custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to as “untried
prisoners”.

1. Un-convicted prisoners are presumed to be innocent and shall be treated as such.

2. Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be
observed in respect of untried prisoners, these prisoners shall benefit by a special regime which is prescribed in
the following rules in its essential requirements only.
a. Untried prisoners shall be kept separate from convicted prisoners
b. Young untried prisoners shall be kept separate from adults and shall in principle be detained in separate
institutions.
3. Untried prisoners shall sleep singly in separate rooms, with the reservation of different local custom in respect
of the climate.
4. Within the limits compatible with the good order of the institution, untried prisoners may, if they so desire,
have their food procured at their own expense from the outside, either through the administration or through
their family or friends. Otherwise, the administration shall provide their food.
a. A untried prisoner shall be allowed to wear his own clothing if it is clean and suitable.
b. If he wears prison dress, it shall be different from that supplied to convicted prisoners.
5. An untried prisoner shall always be offered opportunity to work, but shall not be required to work. If he chooses
to work, he shall be paid for it.
6. Untried prisoner shall be allowed to procure at his own expense or at the expense of a third party such books,
newspaper, writing materials and other means of occupation as are compatible with the interests of the
administration of justice and the security and good order of the institution.
7. Untried prisoner shall be allowed to be visited and treated by his own doctor or dentist if there is reasonable
ground for his application and he is able to pay any expenses incurred.
8. An untried prisoner shall be allowed to inform immediately his family of his detention and shall be given all
reasonable facilities for communicating with his family and friends, and for receiving visits from them, ,subject
only to restrictions and supervision as are necessary in the interests of the administration of justice and of the
security and good order of the institution.
9. For the purposes of his defense, an untried prisoner shall be allowed to apply for free legal aid such aid is
available, and to receive visits from his legal adviser with a view to his defense and to prepare and hand to him
confidential instructions.

Civil Prisoners
 In countries where the law permits imprisonment for debt, or by order of a court under any other non-criminal
process, persons so imprisoned shall not be subjected to any greater restriction or severity than is necessary to
ensure safe custody and good order. Their treatment shall be not less favorable than that of untried prisoners, with
the reservation, however, that they may possibly be required to work.

Persons arrested or detained without charge (Maruhom&Baroro)

Without prejudice to the provisions of article 9 of the International Covenant on Civil and Political Rights,
persons arrested or imprisoned without charge shall be accorded the same protection as that accorded under part I
and part II, section C.

WORK EXERCISE NO. 9

Name: ________________________________________________ Rating: ___________________________
Section: ______________________ Date: ___________________ Professor: _________________________

I. MULTIPLE CHOICE

1. Person arrested or imprisoned by reason of a criminal charge against them, who are detained either in police
custody or in prison custody (jail) but have not yet been tried and sentenced.

a. Prisoner under arrest c. civil prisoner

b. Insane prisoner d. mentally abnormal prisoner

2. In countries where the law permits imprisonment for debt, or by order of a court under any other non-criminal
process, persons so imprisoned shall not be subjected to any greater restriction or severity than is necessary
to ensure safe custody and good order.

a. Civil prisoner c. Prison under arrest

b. Insane prisoner d. mentally abnormal prisoner

3. is understood as a mental defect or disease that makes it impossible for a defendant to understand their actions,
or to understand that their actions are wrong.

a. Insane Prisoner c. mentally abnormal prisoner

b. Prison under arrest d. civil prisoner

4. Special attention shall be paid to the maintenance and improvement of such relations between a prisoner and
his family as are desirable in the best interests of both.

a. Discipline and Punishment c. Social Relation and after-care

b. Education and Recreation d. Person arrested or detained without charge

5. Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe
custody and well-ordered community life.

a. Education and Recreation c. Discipline and Punishment

b. Social relation and after-care d. mentally abnormal prisoner

6. Every prisoner shall be provided by the administration at the usual hours with food and nutritional value
adequate for health and strength, of wholesome quality and well prepared and served. Drinking water shall be
available to every prisoner whenever he needs it.

a. Clothing and bedding c. Food

b. Exercise and sports d. Medical Services

7. Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and
with such toilet articles as are necessary for health and cleanliness.

a. Food c. Exercise and sports

b. Personal Hygiene d. Accommodation

8. In every Place where persons are imprisoned there shall be kept a bound registration book with numbered pages
in which shall be entered in respect of each prisoner received, which is not included ?

a. Information concerning his identity c. The day and hour of his admission and release

b. The reasons for his commitment and the authority d. information all about their counterpart

9. Under the Education and recreation program inside the penitentiary, which one is not included ?

a. Provision shall be made for the further education of all prisoners capable of profiting thereby, including
religious instruction in the countries where this is possible. The education of illiterates and young
prisoners shall be compulsory and special attention shall be paid to it by the administration.

b. So far as practicable, the education of prisoners shall be integrated with the education system of the
country so that after their release they may continue their education without difficulty.

c. Recreational and cultural activities shall be provided in all instructions for the benefit of the mental and
physical health of the prisoners.

d. It is desirable that the activities of such agencies shall be centralized or coordinated as far as possible in
order to secure the best use of their efforts.

10. These are treatment for clothing and bedding, except ?

a. Every prisoner who is not allowed to wear his own clothing shall be provided with an outfit clothing
suitable for the climate and adequate to keep him in good health.

b. All clothing shall be cleaned and kept in proper condition. Underclothing shall be changed and washed
as often as necessary for the maintenance of hygiene.

c. In exception circumstances, whenever a prisoner is removed outside the institution for an authorized
purpose, he shall be allowed to wear his own clothing or other inconspicuous clothing.

d. There shall be a system of equitable remuneration of the works of prisoners

Chapter 10
Preventive Imprisonment. Good Conduct Time Allowance and
other Statutory Provision in Correction (Yurong&Cortez)
A. PREVENTIVE IMPRISONMENT

Not all persons who have pending trials of criminal cases must be detained, since accused person has the
constitutional and statutory rights to bail. So, persons who may be committed to jail pending trial are those charged
with capital offenses with non-capital offense who have failed to post bail; and those charge with capital offense and
the evidence of guilt is strong.

Period of preventive imprisonment deducted from term of imprisonment (RA Act. 10592)

Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive
imprisonment if the detention prisoner agrees voluntarily in writing after being informed of the effects thereof and
with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners.

Persons not qualified under the Law

a. When they are recidivists, or have been convicted previously twice or more times of any crime.
b. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

Credits in the case the Detainee does not agree

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the service of his
sentence with four-fifths of the time during which he has undergone preventive imprisonment.

Notes:
 Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30)
years
 Whenever an accused has undergone preventive imprisonment for a period equal to the possible
maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to the continuation of the trial thereof of
the proceeding on appeal, if the same is under review.
 Computation of preventive imprisonment for purposes of immediate release under this immediate
preceding paragraph shall be the actual period of detention with good conduct time allowance: Provided,
however, that if the accused is absent without justifiable cause at any stage of the trial,the court may motu
propio order the rearrest of the accused:

B. GOOD CONDUCT TIME ALLOWANCE

RA 10592 likewise amended provisions for Good Conduct Time Allowance to read as follows:

“ ART. 97. Allowance for good conduct - The good conduct of any offender qualified for credit for preventive
imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation
of detention center or any other local jail shall entitle him to the following deductions from the period of his
sentence:

“ 1. During the first two years of imprisonment , he shall be allowed a deduction of twenty days for each
month of good behavior during detention;
“ 2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of
twenty-three days for each month of good behavior during detention.
“ 3.During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a
deduction of twenty-five days for each month of good behavior during detention.
 “ 4.During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty
days for each month of good behavior during detention; and
“ 5.At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in
addition to number one to four hereof, for each month of study, teaching or mentoring sevice time
rendered.
Number of years of Number of days of GCTA for every month of Good
Imprisonment Behavior
1st two years 20 days
3rd to 5th years 23 days
6th to 10th years 25 days
11th year onwards 30 days

Notes:

 An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct
 The 15 days of GCTA is an additional credit for each month of study, teaching or mentoring service time
rendered by the inmate regardless of the number of years of imprisonment.

C. SPECIAL TIME ALLOWANCE FOR LOYALTY

“ART. 98. Special time allowance for loyalty - a deduction of one fifth of the period of his sentence shall be
granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under
the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred
to in said article. A deduction of two-fifths of the period of his sentence shall be granted in case said prisoner
chose to stay in the place of his confinement not withstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this code.

Note:

 This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence.

Authority to Grant Good Conduct Time allowances

“ ART. 99. Who grants time allowance - whenever lawfully justified, the Director of the Bureau of Corrections, the
Chief of the Bureau of Jail Management and Penology and/or the Warden of a Provincial, District, municipal or city
jail shall grants allowances for good conduct. Such allowances once granted shall not be revoked.

Note:

 RA 10592 provides for punishment in case of non-compliance or violations.

“ SEC. 6. Penal Clause - Faithful compliance with the provisions of this Act is hereby mandated. As Such,
the penalty of one (1) year imprisonment, a fine of one hundred thousand pesos (P100,000.00) and
perpetual disqualification to hold office shall be imposed against any public officer or employee who violates
the provisions of this Act.

D. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES

(ART 125,RPC), A felony committed by a public officer or employee who shall detain any person for some legal
ground and shall fail to deliver such person to the proper judicial authorities with in the period of:

12 hours - for crimes of offenses punishable by light penalties

18 hours - for crimes of offenses punishable by correctional penalties
36 hours - for crimes of offenses punishable by afflictive or capital penalties
 The crime of Arbitrary Detention is committed when the detention of a person is without legal ground.
The legal ground of detention are : a) commission of a crime and b) violent insanity or other ailment
requiring compulsory requirement.
E. DELAYING RELEASE

This is committed by a public officer or employee who delays for the period of time specified in Art 125, the
performance of any judicial or executive order for the release of a prisoner or unduly delays the services of the
notice of such order to said prisoner.

F. DELIVERY OF PRISONER FROM JAIL (ART.156, RPC)

Elements:

1. The offender is a private individual,

2. He removes a person confined in jail or a penal institution or helps in the escape of such person,
3. The means employed are violence, intimidation, bribery or any other means.

The prisoner maybe detention or sentenced prisoner and the offender is an outsider to the jail. If the offender
is a public officer or a private who has the custody of the prisoner and who helps a prisoner under his custody to
escape, the felony is conniving with or consenting to evasion (Art. 223) and escape of a prisoner under the
custody of a person not a public officer (Art. 225) respectively.

This offense like other offenses of similar nature may be committed through imprudence or negligence.

G. EVASION OF SERVICE OF SENTENCE (ART 157-159, RPC)

1. Evasion of Service under Art 157, RPC, Elements:

a) Offender is a prisoner serving sentence involving deprivation of liberty by reason of final judgement.
b) He evades the service of his sentence during the term of his imprisonment.

This felony is qualified when the evasion takes place by breaking doors, windows, gates, roofs or
floors; using picklocks, false keys, disguise, deceit, violence, intimidation or; connivance with other convicts
or employee of the penal institution. (Jail breaking is synonymous with evasion of sentence).

2. Evasion of Service Sentence on the Occasion of Disorder due to Conflagrations, Earthquakes, or other
Calamities (Art. 158, RPC) Elements:

i. Offender is a prisoner serving sentence and is confined in a penal institution.

ii. He evades his sentence by leaving the institution
iii. He escapes on the occasion of a disorder due to conflagration, earthquake, explosion, or similar
catastrophe or mutiny in which he has not participated, and
iv. He fails to give himself up to the authorities with in 48 hours following the issuance of a proclamation
by the Chief Executive regarding the passing away of the calamity.

3. Other cases of Evasion of Service of Sentence ( Art. 159, RPC )

The violation of any conditions imposed to a Conditional Pardon is a case of evasion of service of sentence.

The effect of this, the convict may suffer the unexpired portion of his original sentence.

H. INFIDELITY OF PUBLIC OFFICERS

1. Infidelity in the Custody of Prisoners Through Connivance (Art. 223, RPC )

A felony committed by any public officer who shall consent to the escape of a prisoner in his custody
or charge.
 2. Infidelity in the Custody of Prisoners through Negligence ( Art.224, RPC )
A felony committed by a public officer when the prisoner under his custody or charged escaped
through negligence on his part.
3. Escape of a Prisoner under the Custody of a Person not a Public Officer. ( Art 225, RPC )

I. Other Offenses or Irregularities by Public Officers

1. Maltreatment of Prisoner ( Art. 235, RPC ), Elements:

a) Offender is a public officer or employee

b) He overdoes himself in the correction or handling of such prisoner by imposition of punishment not
authorized by regulation or by inflicting such punishment in a cruel and humiliating manner.

The felony of Physical Injuries if committed if the accused does not have the charge of a detained prisoner
and he maltreats him. And if the purpose is to extort a confession, Grave Coercion will be committed.

WORK EXERCISE NO. 10

Name: ________________________________________________ Rating: ___________________________
Section: ______________________ Date: ___________________ Professor: _________________________

MULTIPLE CHOICE

1. Under the Elements of Delivery of Prisoners from Jail, which is not included ?

a. The offender is a private individual

b. He removes a person confined in jail or a penal institution or helps in the escape of such person

c. The means employed are violence, intimidation, bribery or any other means

d. Offender is a public officer or employee

2. Under the elements of the Delay in the delivery of detained person to the proper judicial authorities, if a
person committed a crime with a punishable by afflictive penalties. How many hours do they allowed to be
detained?

a. 12 hours c. 18 hours

b. 24 hours d. 36 hours
3. Under the elements of the Delay in the delivery of detained person to the proper judicial authorities, if a
person committed a crime with a punishable by light penalties. How many hours do they allowed to be
detained?

a. 12 hours c. 18 hours

b. 24 hours d. 36 hours

4. Under the elements of the Delay in the delivery of detained person to the proper judicial authorities, if a
person committed a crime with a punishable by correctional penalties. How many hours do they allowed to be
detained?

a. 12 hours c. 18 hours

b. 24 hours d. 48 hours

5. Upon computation the number of days of GCTA for every month of good behavior, in their 4 years during
imprisonment, how many days does every month ?

a. 20 days c. 23 days

b. 25 days d. 3o days

6. Upon computation the number of days of GCTA for every month of good behavior, in their 2 years during
imprisonment, how many days does every month ?

a. 20 days c. 23 days

b. 25 days d. 30 days

7. Upon computation the number of days of GCTA for every month of good behavior, in their 7 years during
imprisonment, how many days does every month ?

a. 20 days c. 23 days

b. 25 days d. 30 days
8. A felony committed by a public officer or employee who shall detain any person for some legal ground and
shall fail to deliver such person to the proper judicial authorities

a. Delaying Release

b. Delay in the delivery of detained persons to the proper judicial authorities

c. other offenses or irregularities by public officers

d. Preventive imprisonment

9. This is committed by a public officer or employee who delays for the period of time specified in Art 125, the
performance of any judicial or executive order for the release of a prisoner or unduly delays the services of the
notice of such order to said prisoner.

a. Delaying Release

b. Delay in the delivery of detained persons to the proper judicial authorities

c. other offenses or irregularities by public officers

 d. Preventive imprisonment

10. A felony committed by any public officer who shall consent to the escape of a prisoner in his custody or
charge.

a. Infidelity in the Custody of Prisoners Through Connivance

b. Infidelity in the Custody of Prisoners through Negligence

c. Maltreatment of Prisoner

d. Evasion of Service

Chapter 11

Brief History of Corrections

HISTORY OF CORRECTIONS

Ancient Times

Welch (2004) traced back the beginning of prisons to the rise of the state as a form of social organization. Along
with the advent of the state, written language was developed, which led to the creation of formalized legal codes as
official guidelines for society. The Code of Hammurabi, written in Babylon around 1750 BC, was the most popular of
these early codes. In this Code, penalties for law violations focused on the concept of lex talionis (“the law of
retaliation”) where offenders were punished. This concept of punishment as vengeance or retaliation can also be
found in many other legal code from early civilizations, including the Ancient Summerian codes, the Indian Manama
Dharma Astra, the Hermes Trismegistus of Egypt, and the Mosaic Code.

Middle Ages to the 17th Century

Turning offenders into gallery slaves and chaining them together to row naval or merchant vessels was another
form of punishment. Castles, fortresses, and the basement of public buildings also served as makeshift prisons
during the Middle Ages in Europe. The right to imprison citizens, legitimized the existence of officials at all levels of
government, from city councils to sovereign kings.

Spierenburg (1998) gave some insights into the penalty practices in early modern Europe, which usually
consisted of physical forms of punishment, including capital punishment, mutilation, whipping, and branding. Non-
physical punishment were practiced, such as putting offenders on stocks, which partially immobilized them while
being exposed in public places where they were scorned by passengers-by.

The Bridewell House of Corrections, located at Bridewell Palace in London, was a significant milestone during
this period in penal history when it led to the establishment of other correctional facilities. These house held mostly
petty offenders, vagrants, and local poor troublemakers. Inmates were given jobs and were taught how to work for a
living. Towards the later part of the 17th century, these houses of correction were absorbed into local prison
systems managed by the local Justices of the Peace.

Modern Era
 The 18th century saw widespread resistance to public execution and torture but in Europe and in the United
States. The public particularly objected to death penalty being imposed even for petty crimes. Many jurors refused
to convict defendants when they knew they would be sentenced to death for committing minor offenses. Heads of
states were hard-pressed for alternatives way of punishments that would not picture them as heartless rulers.

At this time, the philosophies that heavily influenced the penal reform movement were contradictory in nature.
On one side there was the suggestion that prisons should be used simply as a more humane substitute for public
corporal punishments, such as whipping or hanging. This theory, aimed at being a deterrent, claims that prison
conditions should be so harsh and terrifying that they sow fear among would-be offenders.

Penal Colonies and Prison Ships

An alternative to the death penalty for many offenses in the British Empire was the practice of transporting
convicted criminals to penal colonies. This was done in the Americas between the 1610’s and 1770’s and in Australia
between 1788 and 1868.

France also used tropical penal colonies including Louisiana in the early 18th century. The toughest penal colony
of all time was ‘Ile du Diable (Devil’s Island). From 1852 until its shutdown in 1946, it has become synonymous with
cruelty. Convicts were sent here to do the hard work once done by African Slaves. Inmates were crammed 80 bodies
to one steel cage and had to fight for food and space.

Prison Reform Movement

Early prison reform saw a champion in John Howard, a High Sheriff of Bedfordshire, London. He visited several
prisons in England and Europe, and published The State of Prisons in England and Wales in 1777. it contained very
detailed accounts of the prisons he had visited. He was particularly disturbed by his discovery that some prisoners
who had been acquitted were still detained because they could not pay the jailer’s fees or the amount due to those
who owned the prison houses. He then proposed several reforms through the Penitentiary Act, which was passed by
the British Parliament in 1779.

The Penitentiary Act had four basic principles: (1) abolition of jailer’s fees, (2) regular inspection of prisons, (3)
provision of clean facilities, and (4) emphasis on reforming inmates. Howard’s reforms combined discipline and
humanitarian philosophy. It also incorporated religious teachings, as well as productive labor and daily routine.

Quakers, a religious movement formed after the English Civil War in the mid-1600’s, also spearheaded prison
reforms. The movement grew quickly after gaining acceptance from the middle class, although their primarily
recruiting grounds were the prisons. In this 2004 book, Welch also mentioned Elizabeth Fry, a noted Quaker prison
reformer, who wrote about the conditions that prevailed at Newgate prison. The ladies section in this prison was
overcrowded with women and children who did their own cooking and washing in the small cells where they slept
on straw. Fry founded a prison school in 1816 for the children who were imprisoned with their parents. In 1817 she
helped found the Association for the Reformation of the Female Prisoners in Newgate.

Development of the Modern Prison

The Foundation of the modern prison system system which was laid in London, was influenced by Jeremy
Bentham’s panopticon, a design that considered of a circular structure with an “inspection house” at the center,
from which the manager or staff of the institution were able to watch the inmates, who were stationed around the
perimeter. This principles of observation and control became the basis for the design of modern prison.

Other milestones were also noted during this period

1816 Millbank Prison, the first state prison in England that housed less than 1000 inmates, was
established
1823 Robert Peel’s Gaols (Jails) Act of 1823 introduced regular visits to prisoners by chaplains,
provided for the payment of jailers, and prohibited the use of irons and manacles

1824 54 prisons adopted the disciplinary system advocated by the SIPD of London.

1840’s Transporting prisoners to Australia and the use of sea vessels for this purpose started to decline

Joshua Jebb, Surveyor-General of convict prisons started a program in which one large prison was
opened per year.

1842 Pentonville prison opened and started a trend using prison as the primary form of crime
punishment.

SIGNIFICANT DEVELOPMENTS IN PRISON DESIGN AND SYSTEMS IN THE UNITED STATES

Walnut Street Jail

The walnut street prison was pioneering effort in prison reform. Originally built as a conventional jail just before
the American Revolution, it was expanded in 1790 and hailed as a model of enlightened thinking about criminals.
The prison, in fact, was known as a “penitentiary” (from the Latin word for remorse). it was designed to provide a
severe environment that left inmates much time for reflection, but it was also designed to be cleaner and safer than
past prisons. It became the first state penitentiary in the country

Eastern State Penitentiary

Eastern State Penitentiary set the standard for penal reform, with its massive, castle-like Gothic architecture
designed by British architect John Haviland. It occupied all of 11 acres and had central heating system, running water
and flush toilets. A number of big-name criminals, including Al capone, served time here.

The prison was the first to use solidarity confinement, as reformists felt that isolation led to reflection and
ultimately penitence. The experiment to reform criminals through strict isolation soon became model for prison
design worldwide. The penitentiary had a distinctive “wagon-wheel” design, which allowed one guard to view all
seven original cellblocks from a single spot.

Auburn System

In this penal method, prisoners were kept on solitary confinement at night, with enforced silence at all times.
The silent system, which evolved during the 1820’s at Auburn Prison in Auburn, N.Y., was a modification of the
Pennsylvania system of solitary confinement, which it gradually replaced in the United States. Both the Pennsylvania
and Auburn systems were based on the belief that criminal habits were learned from and reinforced by other
criminals.

Elmira System

The American penal system intended for young felons was named after the Elmira Reformatory in New York. It
was innovation of Zebulon R. Brockway, a noted reformer who was inspired by the “mark” system developed in
Australia by Alexander Maconochie. Under this system, inmates were awarded credits or marks for good behavior. A
certain number of marks was required for release.

SIGNIFICANT TRENDS IN THE DEVELOPMENT OF CORRECTIONS

1. Age of Reformation

- Replaced corporal punishment, exile, and physical disfigurement with the penitentiary

2. Age of Rehabilitation
 - Assumed that criminal were handicapped persons suffering from mental or emotional
deficiency. Under this, individual therapy aimed at healing these personal maladjustment
became the preferred system.

3. Age of Reintegration

- Society becomes the patient as well as the offender. Much more emphasis is placed on the
pressured exerted on the offender by the social groups to which belongs and on the society
which regulates his opportunities

WORK EXERCISE NO. 11

Name: ________________________________________________ Rating: ___________________________
Section: ______________________ Date: ___________________ Professor: _________________________

MULTIPLE CHOICE ( select your best answer )

1. What significant trends in the development of corrections does replaced corporal punishment, exile, and
physical disfigurement with the penitentiary.

a.Age Rehabilitation c. Age of Reintegration

b.Age of Reformation d. Age of Reconstruction of life

2. What significant trends in the development of correction that society becomes the patient as well as the
offender. Much more emphasis is placed on the pressured exerted on the offender by the social groups to
which belongs and on the society which regulates his opportunities.

a.Age of Reintegration c. Age of Retribution

b.Age of Reconstruction of life d. Age of Reformation

3. What significant trends in the development of correction that assumed that criminal were handicapped
persons suffering from mental or emotional deficiency.

a.Age of Reformation c. Age of Reconstruction of life

b.Age of Reintegration d. Age of Rehabilitation

4. When was millbank prison established, the first state prison in England that housed less than 1000 inmates.

a.1819 c. 1817
b.1815 d. 1816

5. In what year wherein Pentonville prison opened and started a trend using prison as the primary form of
crime punishment.

a.1832 c. 1822
b.1852 d. 1842

6. What prison does originally built as a conventional jail just before the American Revolution, it was expanded
in 1790 and hailed as a model of enlightened thinking about criminals.

a.Wallnut Street Jail c. Eastern State Penitentiary

b.Auburn System d. Elmira System
7. The prison was the first to use solidarity confinement, as reformists felt that isolation led to reflection and
ultimately penitence.

a.Elmira System c. Auburn System

b.Wallnut Street Jail d. Eastern State Penitentiary

8. A High Sheriff of Bedfordshire, London; that published The State of Prisons in England and Wales in 1777. He
then proposed several reforms through the Penitentiary Act, which was passed by the British Parliament in
1779.

a.Robert Peel Gaol c. Jeremy Bentham

b.John Howard d. Zebulon Brockway

9. It was a significant milestone during this period in penal history when it led to the establishment of other
correctional facilities. These house held mostly petty offenders, vargrants, and local poor troublemakers.

a.Auburn System c. Penal colonies and Prison ships

b.The Bridewell house of correction d. Walnut Street Jail

10. during the proposed several reforms through the Penitentiary Act, there were four (4) basic principles which
are; except one.

a.Abolition of Jailer’s fee c. Regular inspection of Prison

b.Provision of Clean facilities d. None of the above

Chapter 12

PUNISHMENT
Punishment, in a primeval sense, is the identification of some sort of pain on the offender for violating the law.
In a legal sense, it refers to individual redress, or personal revenge. It is therefore defined as the system of redress
that the state takes against the offending member. It is a form of disapproval for certain behaviors that involves
imposing a penalty. Punishment is also the infliction or imposition of a penalty as a form of retribution for an
offense.

EARLY FORMS OF PUNISHMENT

 Ancient forerunners were very brutal in the exercise of punishment. Tools such as knives, axes, whip, barnacles,
collars, and cuffs were commonly used to inflict punishment along with confinement in cold, dark, damp, vermin-
infested dungeons.

Forms of punishment during the Primitive Era

1. Death penalty was carried out by hanging, immersing in boiling water in boiling water, burning and feeding
offenders to wild animals.

2. Corporal punishment entailed inflicting offenders with such penalties as mutilation, disfiguration, flogging,
and maiming.

3. Public humiliation subjected an offender to being shamed by shaving off their hair, and branding them.

4. Banishment involved transporting offenders to barren, newly discovered territory and banning them from
re-entering their homeland.

Brutal and Ruthless Medieval forms of Punishment

1. Iron Maiden

- A box-like device with the front half hinged like a door so that a person could be placed
inside; when the door was shut, protruding spikes both back and front pierced the body of the victim.

2. The Rack

- One of the most painful form of medieval torture, the rack inside consisted of a large
rectangular wooden frame, with a roller at one or both ends. Victim was positioned on the frame, his
ankles were fastened to one roller and the wrists to other. As the interrogation process progressed, a
handled attached to the top roller was used to gradually stretch the limbs away from the body,
resulting in excruciating pain.

3. The Scavenger’s Daughter

- was an A-frame-shaped metal rack to which the head was strapped to the top point of the A,
the hands at the mid-point and the legs at the lower spread ends; swinging the head down and forcing
the knees up in a sitting position position so compressed the body as to force the blood from the nose
and ears.

PURPOSES OF PUNISHMENT

Criminal punishment serves several objectives. These objectives are something competing, and sometimes
complementary. It is, however, generally accepted that only one of these goals should be primary.

1. Deterrence

A thing that discourages or intended to discourage someone from doing something, it is based on the belief
that the offender, when punished and inflicted with suffering, would learn the lessons the hard way. It serves as
a warning to others that crime does not pay and violating the law has its consequences. The classical school
contended that the intent of punishment was not to torture the criminal or to undo the crime but to prevent
others from committing similar offenses

2. General Deterrence
 The state tries to convince potential criminals that the punishment they face will be certain, swift, and
severe so that they will be afraid to commit an offense.

3. Specific Deterrence

This involves convincing offenders that the pains of punishment are greater than the benefits of crime so
they will not repeat their criminal acts.

4. Incapacitation

If dangerous criminals are kept behind bars, they will not be able to repeat their illegal activities.

5. Retribution

A punishment should be no more nor less than what the offender’s actions deserve, and must be based on
how blameworthy the person is. It also refers to punishment inflicted on someone as vengeance for a wrong or
criminal act. In its imposition, the punishment would depend on the degree of satisfaction the aggrieved or
offended party would obtain.

6. Restitution

Convicted criminal must pay back their victim for their loss; the justice system for the costs of processing
their case; and society for any disruption they may be caused.

7. Rehabilitation

If the the proper treatment is applied, an offender will present no further threat to society. It also refers to
restoring someone’s health or normal life by training and therapy after imprisonment, addiction, or illness.

8. Recognizance

A bond by which a person undertakes before a court to observe some conditions, especially to appear
when summoned.

9. Atonement or Expiation

This is similar to retribution wherein the penalty is commensurate with the gravity of the offense based on
the norms observed by the members of the society. It has been described as a form of group vengeance as
opposed to the justification relied upon in retribution of personal vengeance.

10. Protection

This has been regarded as a form of social defense because members of society would gain protection by
putting criminals behind bars.

11. Reformation

It operates by attempting to reform and rehabilitate law violators,allowing them to return community as
responsible and productive members of the society. This sound policy but very difficult to achieve for change
would depend on variable individual factors.
Classification of Penalties

The following are the classes of penalties currently adopted in the Philippine setting under Article 25 of the
Revised Penal Code (Act No. 3815 as amended)

CAPITAL PUNISHMENT AFFLICTIVE PENALTIES CORRECTIONAL PENALTIES

A. Death A.Reclusion Perpetua A. Prison Correctional

B.Reclusion Temporal B. Arresto Mayor

C.Perpetua or temporary C. Suspension

Absolute disqualification

D.Perpetual or Temporary D. Destierro

Special Disqualification

E. Prison Mayor

LIGHT PENALTIES PENALTIES COMMON TO

THE THREE PRECEDING CLASSES
A. Arresto Menor

B. Public Censure A. Fine

B. Bond to keep the peace

 WORK EXERCISE NO. 12
Name: ________________________________________________ Rating: ___________________________
Section: ______________________ Date: ___________________ Professor: _________________________

MULTIPLE CHOICE (select your best answer)

1. A bond by which a person undertakes before a court to observe some conditions, especially to appear when
summoned.

a.Protection c. The Rack

b.Recognizance d. Restitution

2. One of the most painful form of medieval torture, the rack inside consisted of a large rectangular wooden
frame, with a roller at one or both ends.

a.Recognizance c. Restitution
b.Protection d. The Rack

3. This has been regarded as a form of social defense because members of society would gain protection by
putting criminals behind bars.

a.The Rack c. Protection

b.Recognizance d. Restitution

4. Convicted criminal must pay back their victim for their loss; the justice system for the costs of processing
their case;and society for any disruption they may be caused.

a.Restitution c. Recognizance
b.The Rack d. Protection

5. It operates by attempting to reform and rehabilitate law violators,allowing them to return community as
responsible and productive members of the society.

a.Atonement c. Punishment
b.Reformation d. Deterrence

6. This is similar to retribution wherein the penalty is commensurate with the gravity of the offense based on
the norms observed by the members of the society.

a.Reformation c. Atonement
b.Deterrence d. Punishment

7. It is a form of disapproval for certain behaviors that involves imposing a penalty.

a.Deterrence c. Punishment
b.Atonement d. Reformation

8. A box-like device with the front half hinged like a door so that a person could be placed inside; when the
door was shut, protruding spikes both back and front pierced the body of the victim.
 a.Retribution c. Incapacitation
b.Iron Maiden d. Scavenger’s Daughter

9. A punishment should be no more nor less than what the offender’s actions deserve, and must be based on
how blameworthy the person is.

a.Iron Maiden c. Scavenger’s Daughter

b.Incapacitation d. Retribution

10. If dangerous criminals are kept behind bars, they will not be able to repeat their illegal activities.

a.Incapacitation c. Iron Maiden

b.Scavenger’s Daughter d. Retribution