CA 1:

Institutional Correction

PRESENTED BY: CARMELA LOVERO, RCRIM

 Lesson 2:
History of Correction
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I. PHILIPPINES – THE CORRECTIONAL SYSTEM

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The Criminal Justice System of the Philippines and its Components

The criminal justice system of the Philippines (PCJS) is essentially the system or process in the
community by which crimes are investigated. Persons suspected for an offense therefore are taken
into custody, prosecuted in court, and punished if found guilty of the crime committed. Provisions are
made for their treatment and rehabilitation and reformation purposes.
The system has five distinct but coordinated components; namely: Law Enforcement, Prosecution,
Court, Correction and the Community. It is distinct because each component has its own respective
functions to perform as an institution or as an integral part of another system aside from the criminal
justice system (CJS).
It is coordinated because these components operate in a manner being interdependent and
supportive of one another in order to achieve the very purpose of the system. These established five
components are also known as the five pillars of the CJS; unfortunately, at this point of time there are
tendencies for each pillar to act independently from each other, and the worst is one component
blames another component for the failure of the system to effectively deal with offenders already
introduced into it.
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I. PHILIPPINES – THE CORRECTIONAL SYSTEM

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Functions of the Five Components in the Criminal Justice System

Law Enforcement - Its function is to conduct investigation on the alleged crime committed by a
person, to arrest or detain violator of the penal law or an ordinance, to affect the warrant issued by
the court and to assist the complainant to file a case.
Prosecution - Its function is to evaluate the findings of the police submitted to their office, to
conduct preliminary investigation, to receive the complaint filed by the victim and to be responsible
to file information to the court and to act as a legal prosecutor of the offended party.
Court - Its function is to conduct cross examination of the witness before the issuance of the
warrant either warrant of arrest or search warrant; to conduct arraignment and to hold trial before
giving final decision of the case.
Correction - is considered as the weakest components of the CJS. Its function is to reform the
convicted offender through the rehabilitation program inside the correction. The function of the
correction in our criminal justice system is to reform the offender through rehabilitation program
such as giving an opportunity to every convicted offender to continue his study by way of Vocational
training program.
Community - The function of the community pillar is to help and coordinate the program of the
government specifically on the maintenance of peace and order.
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II. DEFINITION AND HISTORY OF CORRECTION

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Correction - is a branch of the Criminal Justice System concerned with the

custody, supervision, and rehabilitation of criminal offenders. It is the field of
criminal justice administration, which utilizes 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 (Tugbo, 1998).
- It defined as that branch of the administration of criminal justice charged
with the responsibility for the custody, supervision and rehabilitation of those
who judicially found violated criminal law.
- Correction is in a view of reorientation or re-instruction of the individual
with a purpose of preventing a repetition of the unlawful activities without
necessity of taking punitive action.
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II. DEFINITION AND HISTORY OF CORRECTION

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Correction as component of Criminal Justice System

Correction is also the name of a field of academic study concern with the theories, policies,
and programs pertaining to the practice of corrections. Its object of study includes personnel
training and management as well as the experiences of those on the other side of the
fence-the unwilling subjects of the correctional process. The terminology changes in US
academia from “penology” to "corrections" occurred in the 1950s and 1960s, and it was driven
by a new philosophy emphasizing rehabilitation. It was accompanied by concrete changes in
some prisons, like giving more privileges to inmates, and attempting to instill a more
communal atmosphere. At least nominally, most prisons became correctional institutions, and
guards became correctional officers. Although the corrections-related terminology continued
thereafter in US correctional practice, the philosophical view on offenders' treatment took an
opposite turn in the 1980s, when the "get tough" program was labeled by academics as "The
New Penology".
Correction is a branch of administration of criminal justice responsible for correction and
rehabilitation of those persons, who are after observance of due process, was found violated
penal law by competent judicial authority.
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Two (2) Approaches of Correction:

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1. Institutional Correction (Institution-based Correction) - rehabilitation or correctional

programs take place inside correctional facilities or institutions such as national penitentiaries
and jails.
2. Non-Institutional Correction (Community-based Correction) - rehabilitation or correctional
programs take place within the community. This is otherwise referring to as community-based
correction. Is this approach the convict will not be placed or be released from correctional
facility or jails.
2.1 Community-Based Correction Programs:
a. Probation - Is a disposition, under which an accused after conviction and sentence, is released subject
to the conditions imposed by the Court and to the supervision of a probation officer.
b. Parole - A conditional release from prison of a convicted person upon service of the minimum of his
indeterminate penalty.
c. Pardon - A form of executive clemency which is exercise exclusively by the Chief Executive. Pardon
may be given conditionally (conditional pardon) or unconditionally (absolute pardon). For the purpose
of Non-Institutional Correction, it is the Conditional Pardon with parole conditions is under
consideration.
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Agencies of the government charged with correctional responsibility:

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1. Bureau of Correction (BuCor)

2. Bureau of Jail Management and Penology (BJMP)
3. Board of Pardons and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and Sub-provincial Jails
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III. HISTORY OF PUNISHMENT

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The earliest form of punishment was death, torture, maiming and

banishment. The jail was introduced in Medieval Europe as a place of
confinement of persons arrested and undergoing trial, and for those convicted of
minor offenses such as drunkenness, gambling and prostitution. Death, corporal
punishment and banishment were still the penalties for offenses which today
are punishable by imprisonment. Later, convicted offenders were chained to
galleys to man the ships of war. England, France and Spain used the
transportation system of punishment by indenturing their convicts to penal
colonies where they served as slaves until they completed their service of
sentences.
Transportation of offenders to penal colonies was practiced principally by
Europe countries that had acquired distant colonies because of the need to
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III. HISTORY OF PUNISHMENT

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Punishment
- Punishment is a means of social control. It is a device to cause people to
become cohesive and to induce conformity.
- Punishment is the infliction of some sort of pain on the offender for
violating the law.
- Penalty imposed, as for transgression of law any pain, penalty, forfeiture,
or confinement imposed by the court for a wrong doing.
Every society has various methods of social control ranging from public
disapproval to death that hold individuals to expected standard forms of
behavior.
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III. HISTORY OF PUNISHMENT

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Blood feuds - ancient culture developed the idea of justice based on vengeance, retribution and compensation. When a crime is
committed; the victim is expected to dole out justice with his own hands. Punishment was carried out by the victim personally, along
with help provided by one's family. The offender will seek refuge to his family and friends; as a result of this system, blood feuds
developed.
Early Codes:
1. Babylonian and Sumerian Codes
• Lex Talionis (eye for an eye) based on Sumerian Code (1860 B.C.)
• Code of King Hammurabi (1750 B.C.)- 500 years before of Covenant.
• Book of Covenant (1250 B.C.)
2. Crime and Sin - “Get right with God", directive that the offender must make peace with God through repentance and atonement.
The early codes even the Ten Commandments were designed to make the offender's punishment acceptable to both society and God.
3. Roman and Greek Codes
• Code of Justinian (Sixth Century A.D.)
• Code of Graco in Greece
4. Middle Ages - Reformation was viewed as a process of religious, not secular, redemption. As in early civilizations, the sinner had to
pay two deabts, one to society and another to God.
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ANCIENT FORMS OF PUNISHMENT: Punishment of Primitive Society

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❑ DEATH PENALTY (Capital punishment) - Sentencing a convicted person to death by means

of hanging, burning, immersing in boiling oil, feeding to wild animals and other barbaric
ways.
• Death by Sawing - This form of execution is most closely associated with the reign of the
Roman Emperor Caligula. The criminal was attached to an arch of wood and then sawn
vertically from the groin down through the skull.
• The Garotte - Garotte was used in Spain for hundreds of years, the garotte is an efficient
means of execution by asphyxiation. In an earlier version, the victim was tied to a stake and
a loop of rope was placed around his/her neck. A rod in the loop was turned until the rope
tightened, choking the victim. In later versions, the stake was replaced with a chair in which
the victim was bound, and the rope was replaced with a metal collar.
• Guillotine - Conceived in the late 1700's this was one of the first methods of execution
created under the assumption that capital punishment was intended to end life rather than
inflict pain. Although it was specifically invented as a human form of execution it has been
outlawed in France and the last one was in 1977.
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ANCIENT FORMS OF PUNISHMENT: Punishment of Primitive Society

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❑ DEATH PENALTY (Capital punishment)

• Premature Burial - Somewhat self-explanatory, this technique has been used by
governments throughout history to execute condemned prisoners. One of the latest
documented cases was during the Nanking Massacre in 1937 when Japanese troops
buried Chinese civilians alive.
• Hanged, Drawn, and Quartered - Used mainly in England, it is widely considered to
be one of the most brutal forms of execution ever devised. As the name implies it
came in three parts. In the first the victim was tied to a wooden frame and dragged
to the location of their execution (drawn). They were then hung until nearly dead
(hanged). Immediately after being taken down their abdomen was opened and their
entrails were removed. As the victim watched they were then burned before his or
her eyes. He was then also emasculated and eventually beheaded. After all of this his
body was divided into four parts (quartered) and placed in various locations around
England as a public crime deterrent. This punishment was only used on men for any
convicted woman would generally be burnt at the stake as a matter of decency.
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ANCIENT FORMS OF PUNISHMENT: Punishment of Primitive Society

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❑ DEATH PENALTY (Capital punishment)

• ELECTRIC CHAIR - Execution by electrocution, usually performed using an
electric chair, is an execution method in which the condemned person is
strapped to a specially built wooden chair and electrocuted through
electrodes placed on the head and leg. Historically, once the condemned
person was attached to the chair, various cycles (differing in voltage and
duration) of alternating current would be passed through the individual's
body, in order to cause fatal damage to the internal organs (including the
brain). The first more powerful jolt of electric current was designed to pass
through the head and cause immediate unconsciousness and brain death. The
second less powerful jolt was designed to cause fatal damage to the vital
organs. Death may also be caused by electrical overstimulation of the heart.
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ANCIENT FORMS OF PUNISHMENT: Punishment of Primitive Society

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❑ DEATH PENALTY (Capital punishment)

• FIRING SQUAD - Execution by firing squad, sometimes called fusillading (from the
French fusil, rifle), is a method of capital punishment, particularly common in the
military and in times of war. Execution by shooting is a fairly old practice. Some
reasons for its use are that firearms are usually readily available and a gunshot to a
vital organ usually kills relatively quickly. A firing squad is normally composed of
several military personnel or law enforcement officers. Usually, all members of the
group are instructed to fire simultaneously, thus preventing both disruption of the
process by a single member and identification of the member who fired the lethal
shot. To avoid the disfigurement of multiple shots to the head, the shooters are
typically instructed to aim at the heart, sometimes aided by a paper target. The
prisoner is typically blindfolded or hooded, as well as restrained, although in some
cases prisoners have asked to be allowed to face the firing squad without their eyes
covered.
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ANCIENT FORMS OF PUNISHMENT: Punishment of Primitive Society

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❑ CORPORAL PUNISHMENT (Physical Torture)

Torture, flogging, beating, branding, mutilation and blinding are among the means
of corporal punishment (any physical pain inflicted short of death). Many tortures were
used to extract a "confession" from the accused, often resulting in death penalty for an
innocent person. Mutilation was often used in an attempt to match the crime with an
"appropriate" punishment.
Early Babylonian law developed the principle of lex talionis, which asserted that
criminals should receive as punishment precisely those injuries they had inflicted upon
their victims. Many subsequent societies applied this "eye-for-an-eye and
“tooth-for-a-tooth" principle quite literally in dealing with offenders. From ancient
times through the 18th century, corporal punishments were commonly used in those
instances that did not call for the death penalty or for exile or transportation. But the
growth of humanitarian ideals during the Enlightenment and afterward led to the
gradual abandonment of corporal punishment, and by the later 20th century it had
been almost entirely replaced by imprisonment or other nonviolent penalties.
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ANCIENT FORMS OF PUNISHMENT: Punishment of Primitive Society

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❑ CORPORAL PUNISHMENT (Physical Torture)

• Flogging - Otherwise known as whipping, flogging became a common punishment in
almost all Western civilizations. The method was used particularly to preserve discipline
in domestic, military, and academic settings. Administration was commonly done by a
short lash at the end of a solid handle about three feet long, or by a whip made of nine
knotted wires, lines, or cords fastened to a handle (cat-o'-nine-tails), sometimes with
barbed-wire spikes worked into the knots.
• The Brazen Bull - The Brazen Bull was a hollow brass statue crafted to resemble a real
bull. Victims were placed inside, usually with their tongues cut out first. The door was
shut, sealing them in. Fires would then be lit around the bull. As the victim succumbed
to the searing heat inside, he would thrash about and scream in agony. The movements
and sounds, muted by the bull's mass, made the apparatus appear alive, the sounds
inside like those of a real bull. This effect created additional amusement for the
audience, and served the added benefit of distancing them from the brutality of the
torture, since they couldn't directly see the victim.
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ANCIENT FORMS OF PUNISHMENT: Punishment of Primitive Society

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❑ CORPORAL PUNISHMENT (Physical Torture)

• Wheels - Wheels were adapted to many torturous uses. They could be part of a
stretching rack, but medieval torturers were far too creative to leave it at that.
Early torturers were fond of tying someone to a large wooden wheel, then
pushing it down a rocky hillside. A more elaborate method involved a wheel
mounted to an A-frame that allowed it to swing freely. The victim would be tied
to the wheel, and then swung across some undesirable thing below -fire was
always a good choice, but dragging the victim's flesh across metal spikes also
worked well. The wheel itself could also have spikes mounted on it, so the pain
came from all directions. Instead of swinging, the wheel might turn on an axle.
The difference was likely immaterial to the victims.
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ANCIENT FORMS OF PUNISHMENT: Punishment of Primitive Society

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❑ PUBLIC HUMILIATION OR SHAMING

The purpose of this was to put the offender to shame. This was affected by
use of stocks and pillory, ducking stool, branding, shaving off the hair etc.
❑ BANISHMENT OR TRANSPORTATION
This is the sending or putting away of an offender which was carried out
either by a prohibition against coming into a specified territory, or a prohibition
against going outside a specified territory, such as island to where the offender
has been removed.
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IV. ORIGIN OF THE WORD PRISON

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The word prison has found its roots from the Greco Roman word "Presidio"
from word “Pre" means before and “Sidio” means inside. The coined term
presidio is synonymous to a “Fence, Cave, and or Dungeon. The word presidio
started in the reign of King Hammurabi of Babylon in 1729 BC.
Even in the Middle Ages the term presidio became popular and was feared at
the height of the construction of big temples in the ancient Mesopotamia called
Ziggurats, in contrast to the building of royal tombs in Egypt known as Pyramids.
Even great philosophers in the mold of Plato and Socrates of Greece have
recognized the categorization of sentence according to severity of punishment
from prision correctional to prision mayor.
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IV. ORIGIN OF THE WORD PRISON

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❑ The Gulag of Banaue - The term gulag of Igorot tribes refers to where the refuse is dumped.
In simple term, a garbage heap, usually found in the mountain creek or a crevice. According
to linguist, the term gulag is a functional nativeness to articulate identity and use. In crucial
times, the gulag was used as a prison. It had wooden fence where criminals were
imprisoned.
❑ The Gulag of Germany - In the history of prison, an intriguing question arise whether this
infamous Gulag prisons of “Aleksandr Solzhenisyn” in Germany was the place where
thousands of Jews were slaughtered during the reign of Adolf Hitler.
❑ The Gulag of Russia - It is a Russian acronym for corrective labor camp: a penal institution
established in 1918. After the Russian revolution this place was considered as the most
dreaded and feared prison at the time of Joseph Stalin between 1934 and 1947. Persons
suspected of crimes against the state political dissidence, or failure to cooperate with
Stalin's collectivization program were sentenced to force labor in the camps. The term gulag
of Russia was given the appellation of insane prison because even if the prisoners survived
death, certainly they will become insane.
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DEVELOPMENT OF PRISON
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Prisons grew as a substitute for transportation, exile, public degradation,

particularly corporal punishments, and the death penalty. In the United States
where prisons were first established, imprisonment was introduced as a
substitute for corporal punishment and death penalty when, by the provision of
the Pennsylvania reform Law of 1790,corporal punishment was abolished and
the list of offenses punishable by death was reduced to only one-that of the first
degree murder as the United States and Europe curtailed the use of the Death
Penalty, prisons and penitentiaries arose to take care of the unexecuted and
un-pardoned criminals long sentences required prisons and penitentiaries, that
were not places of detention for those awaiting trial or short sentences but
places for lengthy stay.
Penitentiary - referred to a place where crime and sin may be atoned for and
penitence produced.
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DEVELOPMENT OF PRISON
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Early Prisons:
1. Mamertine Prison - An early place of confinement in Rome in 64 BC
using primitive dungeons built under the main sewer.
2. Sanctuary - Asylum that placed the wrongdoer in seclusion or arrest
in cities followed by Christian Church. Since the time of Constantine,
placing the wrongdoer in seclusion to create an atmosphere conducive
to penitence is common. This form of imprisonment was modified into
more formalized places of punishment within the walls of monasteries
and abbeys.
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DEVELOPMENT OF PRISON
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Early Workhouses:
1. Bridewell - a workhouse created for the employment and housing
of London's "riffraff" in 1557 and was based on the work ethic that
followed the breakup of feudalism and increased immigration of rural
populations to urban areas.
Workhouses was so successful that by 1576, Parliament required
the construction of a Bridewell in every country in England. The same
unsettled social conditions prevailed in Holland, and the Dutch began
building workhouses in 1596 that were soon to be copied all over the
Europe.
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DEVELOPMENT OF PRISON
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Early Cellular Prison:

1. Maison de Force - A Belgian workhouse for beggars and miscreants,
designed to make a profit by an enforced pattern of hard work with
both discipline and silence. An important rule: “If a man will not work,
neither let him eat".
2. Hospice of San Michele - A correction facility designed for
incorrigible boys and youth, and included silence, large work areas,
and separate sleeping cells. Both expiation and reform were intended
goals.
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DEVELOPMENT OF PRISON
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Early Cellular Prison:

1. Maison de Force - A Belgian workhouse for beggars and miscreants, designed to
make a profit by an enforced pattern of hard work with both discipline and silence.
An important rule: “If a man will not work, neither let him eat".
2. Hospice of San Michele - A correction facility designed for incorrigible boys and
youth, and included silence, large work areas, and separate sleeping cells. Both
expiation and reform were intended goals.
3. Walnut Street Jail - Originally constructed as detention jail in Philadelphia
created by the Quakers, it was converted into a state prison and became the first
American Penitentiary. It became the first United States penitentiary system.
When legislation was passed, provisions were made to establish the principle of
solitary confinement, strict discipline, productive work and segregation of the
dangerous offenders.
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DEVELOPMENT OF PRISON
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Early Cellular Prison:

4. The Auburn System - Among its features was the confinement of the
prisoners in single cell at night and congregate work in shops during day
time. A complete silence was strictly enforced. The system was considered
as the most effective and advantageous because, it has been observed that
the prisoners can finish more articles when they work together as a group
rather than working alone in their individual cells.
5. The Pennsylvania Prisons - This is the rival penitentiary system of the
Auburn. Its features consisted a solitary confinement of the prisoners in
their own cell day and night where they lived, slept, received religious
instructions and read the bible. Silence also strictly observed (Fox, 1998).
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THE WORLD'S WORST INFAMY PRISONS

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❑ Bastille Prisons
A fortress prison in Paris, France; Bastille was a symbol of royal absolutism
before the French revolution in 1370. Originally, it was intended to augment the
Cities defense. In 17th century, it was used as prisons where hundreds of
political prisoners were tortured and executed. The known political leaders who
were imprisoned in Bastille prisons, were Voltaire and Marquis de Sade, who
were victims of ruthless persecutions.
On July,14,1789 beginning of the French revolution, a mob in the nature of
People's Power, stormed the building after commander Marquis de Launay
refused to surrender; thereafter the mystic of Bastille was demolished and on
the 14th of July was set aside as French National Holiday since 1880 with pomp
and pageantry.
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THE WORLD'S WORST INFAMY PRISONS

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❑ Alcatraz Prison
It is an island in San Francisco Bay. It is the site of infamous prison noted for
its inhuman treatment and tortures. The island was discovered by the Spaniards
in 1545 and in 1850, it was fortified and used as military prisons.
In the year 1933, it became a federal prison and it was considered as escape
proof because of its fortress-like structure and the cold currents in the
surrounding waters. The Alcatraz prison was closed in 1963, not for the reason
that there was an escape committed but because of its high cost of
maintenance. Before it closed one of its known personality prisoners was known
as the Godfather of Mafia family in the person of Al Capone.
Today the Alcatraz prison is opened as the Golden Gate National Recreation
area. It offers boat riding in a fisherman's boat.
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THE WORLD'S WORST INFAMY PRISONS

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❑ Sachsenhausen Prison
Built in 1939 outside the Berlin proper as Germany's concentration camps for
the dreaded Nazi's SS elite force. Its notoriety became famous when it was
transformed into gas chambers wherein by conservative estimates more than
hundred thousand of people died mostly of Jew's descent.
❑ Auschwitz Prison
Built by Germans near Cracow Poland, it was popularly known as the death
camp headed by Rudolf Hoess. More than two (2) millions innocent victims
perished either by torture, mayhem or gas chamber in this famous dreaded
concentration camp. The tale of blood and tears by the account of Polanders can
fill a thousand Olympic size swimming pool.
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THE WORLD'S WORST INFAMY PRISONS

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❑ Toul Sleng Prison

One of the most notorious prisons in Cambodia that even humbled the killing field in
Battambang Province. It is Toul Sleng prison. It looks like a mountain-size file of human skull
and bones. A grim reminder of the dreaded reign of PolPot. Terror was present during the
reign of Polpot in Cambodia. The rich elite, the learned professional, and persons with callings
regardless of gender can proved disastrous to the social structure of the country.
❑ Insein Prison
Insein Prison is situated in Rangoon Burma, now Myanmar. At the height of political unrest,
the country's stability was under siege. The Insein prison is a pygmy in size compared with
other prisons in western countries, but it became the focus of world attention when political
dissents were placed behind bars. Human rights international advocates further inflamed the
world's outrage when the daughter of assassinated general Aung san, who planned a Coup de
etat and the father of known Democratic fighter in Myanmar in the person of Suu Kyi were
imprisoned for advocating freedom and democracy on their land (Macasiano, 1999).
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V. SCHOOLS OF THOUGHT IN CORRECTION

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A. PRE-CLASSICAL THEORIES
• Secular Theory of Punishment - The first person who attempted to explain
crime is Aristotle, an Athenian philosopher. In his book entitled "Nicomedean
Ethics", he discussed the philosophy of corrective justice. According to him,
punishment is a means of restoring the balance between pleasure and pain,
whereby the loss suffered by the victim is compensated by the suffering of the
offender hence, restoring the balance between the injured and the
transgressor".
• Judean-Christian Theory - This theory adhered that punishment has a
redemptive purpose of repelling sin advocated by the devil. This theory was at
its fullest development during the death of Christ in 30 A.D.
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V. SCHOOLS OF THOUGHT IN CORRECTION

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A. PRE-CLASSICAL THEORIES
• The Rise of Canonical Courts (Church' Court) - In the history, a system of trial and
punishment was established in the 4th Century A.D. The rivalry existed between church
and state in trying offense. In the early Christian era, the church forbids its adherence
to resort to state court and later in the medieval period the power of state courts
declined and the power of Canonical court was mainly reformatory in purpose.
• Individualization of Punishment - the lawmakers and judges had the practical task
of making and administering law not only in the light of such theories of free will and
responsibility, but also face to face with the indignation of the community at a
particular offense.
• Abuse of Judicial Individualization - the law gave judges wide discretion to impose
additional penalties in view of the circumstances. This theory gave the judges
tyrannical power which led to abuses. Class discrimination in the administration of
justice arose.
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B. CLASSICAL SCHOOL
This theory considered man as a free moral agent therefore he is responsible
for his acts. The classical theory came about as a direct result of two influences:
(1) It came about as a protest against the abuses of discretionary power of
judges; and (2) Influenced by the School of French philosopher and writer
ROUSSEAU and his writings contained in his book "Social Contract”.
This school of thought was advocated by Dr. Cessare Baccaria who
maintained the doctrine of psychological hedonism; that an individual calculates
pleasure and pain in concordance to his actions and regulations. His conduct is
the result of his calculations. It means that a person who commits a crime knows
already what the possible consequence is. The doctrine of school of thought is
the “Doctrine of Free Will.”
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V. SCHOOLS OF THOUGHT IN CORRECTION

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B. CLASSICAL SCHOOL
Beccaria's protest was directed against the following:
1. Arbitrary penalties given by judges
2. Uncertainty and obscurity of the laws
3. Defects in criminal procedure in admission of testimonies
4. Secret accusations
5. Torture
6. Incrimination of witnesses
7. Long pending cases
8.Abuse of power by rich against the poor
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B. CLASSICAL SCHOOL
Advantages of Classical School
a. Easy administration
b. Elimination of arbitrary sentence
Disadvantages of Classical School
a. Unfairness - men are treated equally without regard to differences in individual
mature of the circumstances
b. Punishment is not individualized
c. Professional criminals may calculate the risks of commission of the offense
d. Focused on the injury as the result of the crime, not the state of mind and nature of
the criminal
e. Its more idealistic than realistic
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C. NEO-CLASSICAL SCHOOL
This approach to penology arose at the time of French Revolution and the
period immediately thereafter. It maintains that while the Classical school
doctrine in general is correct, it should be modified in certain details. It argues
that since children and lunatic persons cannot calculate pleasure and pain
hence, they should not be regarded as criminals and as such they should not be
punished. The reaction to crime, therefore, under this school is no longer
punitive; punishment is imposed on some lawbreakers but not on others. By
implication, individual responsibility is taken into account.
Subsequently, it would be necessary for the administrators of justice to
consider the psychology and sociology of crime (Tradio, 1996).
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C. NEO-CLASSICAL SCHOOL
The principles of classical school remained intact but the system of defined
and variable punishment was modified. The judge was given discretion in certain
crimes to vary punishments between the maximum and minimum fixed by law.
Significant contributions of Neo-Classical School:
1. Exempting circumstances
2. Reduction of Punishment for partial freedom of the will only partial
punishment
3. Punishment mitigating for lack of full responsibility
4. It represents the reaction against the severity of the classical theory of equal
punishment irrespective of circumstances
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D. POSITIVE SCHOOL (The Italian School)

This school of thought was also advocated by Dr. Cesare Lombroso: known as the
father of Modern Criminology. The Positive school of thought opposed the “doctrine of
free will”. Lombroso believes that an individual who commits a crime should not be
punished according to the crime committed but the imposition of the said penalty
should be meted out in to the soundness of the mind of the offender at the time that
the offense was committed. According to Lombroso the person who committed a crime
should not be punished instead they must be treated as a sick person who did not
know what is right and what is wrong.
Defined individual responsibility and reflected an essentially non-punitive reaction
to crime and criminality. Since the criminal was held to be not responsible for his acts,
he was not be punished. The adherents of this school maintained that a crime, as any
other act, is a natural phenomenon.
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V. SCHOOLS OF THOUGHT IN CORRECTION

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D. POSITIVE SCHOOL (The Italian School)

According to Lombroso there are three great classes of criminals:
1). Born Criminals (atavism);
2). Insane Criminals (idiot, imbecile, dementia, paralysis, etc.); and
3). Criminaloids (not born with physical stigma but who are of such mental make-up
that they display anti-social conduct. Psychological defect, not physical).
Published in 1878 "The Theory of Imputability and Denial of Freewill", and
Criminal Sociology in 1884. Ferri contributed to emphasis upon the social factors:
1). Physical factors, including geographical climate and temperature;
2). Anthropological, including psychological; and
3). Social, including economic and political factors as well as gender, education and
religion.
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D. POSITIVE SCHOOL (The Italian School)

These are among the beliefs of Garofalo regarding natural crime and
peculiarities of offender:
1. Peculiarities: Particular characteristics that place offenders at risk for criminal
behavior
2. Extreme criminals: Execution for punishment
3. Impulsive criminals: Imprisonment for punishment
4. Professional criminals: Punishment is "elimination," either by life
imprisonment or transportation to a penal colony overseas
5. Endemic criminals: Controlled through changes in the law This.
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E. MODERN CLINICAL SCHOOL

It studies the criminal rather than the crime. This school is interested
primarily in the personality of the criminal himself in order to determine the
conditioning circumstances that explain his criminality and in order to obtain
light upon problem of how he should be handled.
 QUESTIONS?

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