Professional Documents
Culture Documents
- Correction as a pillar
o Charged with the rehabilitation of offenders
- Rehabilitation
o Changing bad behavior and turning it into a good one
o Making a person into a law-abiding citizen
- 1. Hard labor
o Also known as Penal labor
o various kinds of an unfree labor witch prisoners are required to perform
o Performance of productive works
- 2. Deprivation
o The denial of everything except those essential for existence
o The denial luxuries of life
- 3. Monotony
o The performance of same boring routine over and over again
- 4. Uniformity
o Talks about the consistence of the way you treat the prisoner
- 5. Mass movement
o The performance of activities at the same time
- 6. Degradation
o Humiliation or putting a person in to shame
o Utterance of insulting words or language
o Primary purpose of degradation – break the confidence of the prisoner
- 7. Corporal punishment
o Imposition of brutal punishment
o Employ physical pain
o Intimidate(frightening) a delinquent inmate
- 8. Isolation or solitary confinement
o Physical segregation of the prisoner forms the total inmate population
o Person subjected to isolation - the lone wolf
o Bartolina
Justification of punishment:
- Retribution
o Retaliation, revenge, vengeance
o Retribution is something personal on the part of the victim
- Expiation or atonement
o Group vengeance, for the general public
o For purposes of appeasing the general public
- Deterrence
o Prevention of the occurrence of crime
o Two (2) kinds of deterrence
- Specific deterrence – striking fear in the hearts and minds of criminals himself
- General deterrence – striking fear in the hearts and minds of would be
criminals
- Incapacitation
o Render the offender physically unable to commit a crime
- Rehabilitation
o Changing bad behavior into good behavior
o Reformation- if law subject
o Correction subject- rehabilitation
- *Reintegration
o The process of bringing the offender back to the society
o Conditions to be satisfied
Penalties as to gravity:
- fine
- bond to keep peace – a sum of money you give as a form of security at you will be at your best
behavior
theory
phenomenon
- Code
o A compilation of laws
- Revised penal code
o Compilation of criminal’s laws in the Philippines
Greek codes:
- Nicomachean ethics
o Author: Aristotle 400BC
o One of the best books in history, how important punishment is
- Punishment is a means of restoring the balance between the pleaser and the
pain
o Not a Greek code it is a book introduced in Greek times
o Balance between pleasure and pain
1. Greek code of Draco
- Draco – dragon or serpent associated with cruelty
- In Greece, the Code of Draco, a harsh code that provides the same punishment for both
citizens and slaves as it incorporates primitive concepts (vengeance, blood feuds). They were
the first society to allow citizen to prosecute the offender in the name of the injured party.
- Concepts introduced:
o 1. Public prosecution – the citizens are allowed to persecute the offender in the name
oof the victim
o Vengeance prosecution – persons allowed to prosecute the offender is the victim
o 2.imposition of corporal punishment – infliction of Sevier physical pain
- Corporal punishments:
- flogging – whipping or caning
- branding
- drowning
- quartering – beheaded and his body will be hack/cut in top four
- stretching on the rock
roman codes:
Roman republic:
Summum Sulpician
- Death penalty
History
13th century
- Securing sanctuary
- one where by a criminal can avoid punishment by claiming refuge in a church
- Protection given to a criminal by the church
o Refuge– protection
o Refugee- person seeking protection
- Duration or length of the securing sanctuary
o 40 days and 40 nights – internet
o 90 days- books
- Benefits of clergy
o Remedy given by the church
o Compromised agreement between the king and the church that a clergyman commits
a crim he shall be tried in an ecclesiastical court
o Ecclesiastical court - a court created by the church for the church
- Torture was very prevalent – very commone for a form of punishment
16th century
history: pioneers
18th century
- age of enlightenment
- century of change
o William Penn (1614-1716)
- Fought for religious freedom and individual rights
Responsible for abolition of death penalty and torture
o John lock
- He was an author of an essay concerning on human understanding and his
second treated
- Tabula rasa – man is born without knowledge
- School of empiricism- man learns through experience
o Isaac Newton
- Author of the book principia a book about science
- Encourage intellectual to investigate social and scientific phenomena
methodically and objectively
- Crime is a social phenomenon
o Charles Montesquieu
- Full name: Charles louis secondat, baron de la brede et de Montesquieu (1689-
1755)
- Was the author of the book spirit of laws book discussing the constitutional
system of a government?
- Believe that harsh punishment undermine morality
- Appealing to moral sentiments better means of preventing crimes
- Law as an expression of justice
o Francois Marie Arouet (1694-1778) also known as Voltaire
- Fear of shame is deterrent of crime
Shame the criminal from him recreating crime
Make the people believe that they would be shamed if they
committed a crime
- Fought the legality of sanction of torture
o Cesare Beccaria (1738-1794)
- Full name: Cesare Bonesa, Marchese de Beccaria
- Father of classical theory
- Essay on feigns and punishments
o Jeremy Bentham (1748-1832)
- Pioneers of classical theory
- Greatest leader in the reform of English criminal law
- Punishment negates the pleasure gain from crime
- Designed panopticon prison
All seeing prison
Ultimate penitentiary or inspection house
Pan – all
Optic – seeing or sight
It was never built
o John Howard (1726-1790)
- Great prison reformer
- He was a sheriff of Bedfordshire
- He introduced prison reform :
Single cells for sleeping
Segregation of women
Segregation of youth
Provision of sanitation facilities
Abolition of the fee system by which jailers obtained money from
prisoners
o Alexander Macanochie
- Superintendent of the penal colony at Norfolk Island in Australia (1840)
- Father of parole
- Introduces the mark system
System where by the prisoner’s ern marks/points to ern for a ticket of
leave
conditional release - Ticket of leave
o Walter Crofton
- Director of the Irish prison in 1854
- Irish ticket of leave – system which modified the macanochie’s marks system
Released conditionally
Ticket of leave – document of parole
o Manuel Montesimos
- Director of prisons in Valencia, Spain
- Divided the prisons into groups/companies
Easy monitoring and control
- Appointed prisoners as petti officers in charge per company
- Preparation for a gradual possible relies of a prisoner
o Frederic-Auguste Demetz
- Also known as Dometz of France
- Established an agricultural colony of delinquent boys
- Agricultural colony
Named: mettray penal colony
Reformatory without walls
Probation of House fathers -in charge of the delinquent boys
o Sir. Evelyn Ruggles Brise
- Director of the English prison
- Established the borstal institution
Considered the best reform institution for young offenders
Based from the Elmira & Massachusetts reformatory
Reformatory for male offender 16-21years old
Individualized treatment program
After care services – motoring conducted after a child is relished
To monitor or determine if the rehabilitation of the child continuous
o Zebulon Brockway
- Director of the Elmira reformatory in New York (1876)
- Father of prison reform
- Elmira reformatory -it is the forerunner of modern penology
- adopted a training school type
- compulsory education of prisoners
- case work methods – a process of determine the background of the prisoner
to provide solutions to his problems
- extensive use of parole- based on the indeterminant sentence
- indeterminant sentence - penalty with the minimum to maximum duration
o Jean Jacques Philippe Villain
- Founded the Maison De force in gent, Belgium
- A. felonce and misdemeanant should be separated
Felon – a person how committed a grave felony
Misdemeanant – light violation
- B. women and children must have separate quarters
o Elizabeth fry or Betsy fry
- The angel of prisons
- The first female to introduce reforms of women in jails
- Quaker – prominent religious group
o John Augustus
- Father of American probation
- The first practical demonstration probation in US was made by John Augustus
- Boston Massachusetts- first practical probation, first law about probation
o Mathew Davenport Hill
- The father of English probation
Early prisons
- Mamertine prison
o One of the oldest places of confinement in history
o Was created by Ancus Mauritius 64BC
o Roman place of confinement built under the main suers of Rome
- Saint Bridget’s well
o England’s first house of correction
o Houses English prisoners of short-term confinement and punishment of petty offences
o Renamed: bridewell workhouse - most popular work house in London
- Workhouse – is total institution where those how are not able to support
themselves are offered accommodation and employment
- It houses:
Anti-social misfits – this people who cannot feet in the society
Vagrant – person how has not had any home
Vagabonds/itinerance- you are a person how travels without any
destination
Loos women - prostitutes
- They are whipped and maid to perform hard labor
- Walnut street jail
o Detention jail in Philadelphia
o It was then converted to a state prison
o First American penitentiary/prison
- Dartmoor prison
o House of half way to hell
o Constructed for purposes of French prisoners
- Prisoner of war – a person how has been captured end imprisoned by the
enemy of war
- Hospicio de san Michelle or hostess of saint Michelle
o The first home for delinquent boy ever established
o Build: by Pope Clement the 11th in Rome
o Housed:
- Incorrigible youth under 20 years old
Incorrigible – he is not capable of change
- Maison De Force
o There should be separation of women and children from real criminals
- New gate prison
o New, new gate prison
o Old new gate prison
- the black hole of horrors
- Located at, nucednicum
- Old mining sight
- Holding area/cell – hell
- Alcatraz prison
o The rock
o Located at: san Francisco bay California
o Capacity of the prison :312 inmates
- When it closed it only housed:260 inmates?
o Juan Manuel De Ayala
- Person how found the island where Alcatraz prison was constricted
Island name: island of the pelicans or la Isla delos Alca traces
o Wardens:
- James A. Johnston (1934-48)- first ever warden of Alcatraz
- Edwin B. swope (1948-55)
- Paul J. Madigan (1955-61)
- Olin G. Blackwell (1961-63)
o Jim Albright
- Last person to leave Alcatraz
- A prison guard
o Frank weatherman
- Last inmate/prisoner to be sent to Alcatraz
- Inmate number: Az-1576
o Alcatraz operated for over 29 years
- Operated: August 1934
- Closed: march 21, 1963
o James Bennet
- He was the director of the federal bureau of prison at the time of the closure
of Alcatraz prison
o Alcatraz – very costly (4.5million-5million)
o 14 non escape attempts: there were 36 involved; 32 captured ;6 shoot dead; 2
drowned; 5 went missing
Crime
o It always carries with it criminal aspect and a civil aspect
Ergastulum
- where prisoner were made to perform hard labor and made to participate gladiators games
Legal issues
Botched execution
Gruesome Gertie
- death row inmates
dei inditum
- gods will
2. lethal injection
- killing the convicted prisoner via drugs introduces in the body of the criminal
- kinds of drugs used in lethal injection:
o sodium thiopental (sodium pethothal)
- it causes unconsciousness
o Pancuronium bromide (pavulon)
- It should Couse respiratory and muscle paralysis
o Potassium chloride
- Stop the heart
Heinous crime – are crime that shock public morality and decency
Ra 7659(1993)
Ra 8177 (1996)
- The law designating lethal injection as a mode of carrying out death penalty
Ra 9346 (2006)
Slavery
Peonage
- Planning
o Generally short-term, specific problems oriented. It includes the 5Ws & 1H in planning
- Staffing
o Involves assignment of subordinates to specific work tasks or activities.Sometimes
staffing may involve coordinating with other components to obtain needed manpower
or supplies.
- Communicating
o Communications should be clear and, on a level, appropriate to the intended listener.
- Training subordinates
o Continuous process which begins the day a new employee reports to work and ends
the day employment is terminated. Training is a responsibility of supervisors.
- Delegating authority and responsibility to subordinates
o Involves entrusting obligations to assistants.
1.Effect Legal and Human Control-Over the offender population for which the correctional organization
is responsible. This means to implement custody operations and procedures in such a way to prevent
escapes, to maintain order and safety and to encourage rehabilitation.
2.Reinforce Positive Change-In offenders whenever and wherever possible. Teaching new acceptable
models of behavior to offenders.
3.Ensure the protection of life, health, property, and personal safety of all persons.
5.Motivate or influence subordinates to achieve or accomplish work tasks-A specified period of time
and to a specified level of competency or standards. Whether the subordinates is an employee or an
offender.
9.Evaluating Subordinates-The process of informing the subordinates and higher levels of the
organization. Evaluation which are fed up the organization are the formal and infrequent summaries of
performance over a period of time
1. Control model
- Focuses on protecting the society from criminals by regulating criminal conduct
- How to control/ regulate the criminal conduct:
o The use of strict and swift punishment
o Prisoner obedience
2. Responsibility model
- Proper inmate classification = bases of degree of freedom
o Minimum security prisoner- given more freedom compared to the different
classification
o medium security prisoner
o maximum security prisoner
o super maximum-security prisoner
3. Custodial model
- Emphasized maintenance and security, order to through subordination of security
- Subordination- you make the prisoner feel inferior
- Discipline is strictly applied
4. Rehabilitation model
- Security and housekeeping activity produce rehabilitative effects
5. Family model
- Criminality is a result of the breakdown of the family and the community
6. Penitence model
- Originally given to youthful offenders
- Making the child realize what he has done wrong, make him guilty for what he has done
wrong
- Medical model
o Assumes that criminal behavior is a result of phycological or biological abnormality
o Treatment - Assumes that said condition can be treated
o Determinism- no the Couse to provide a solution
- Reform model
o Stressed rehabilitation through vocational and educational training counseling and
group therapy and other strategies
- Community model or reintegration model
o Focus on community rehabilitation
o Stresses of offender in the community
- Just desert model
o Punishment must feet the crime committed
1. Null strategy
- Overcrowding is normal and temporary thus nothing should be done about it
2. Selective incapacitation strategy
- Incarceration of career criminal as a payoff in the prevention in multiple serious offences
- Career criminal- is a person how has committed many crimes throughout his life
3. Population reduction strategy
- Lowering the population in the different locations of confinement
o Front Dore strategy- diversion of offenders to non incerative sanction
o Backdoor strategy- part of the sentence in jail/prison while the remainder is with the
community
4. Construction strategy
- Construction of places of confinement to address the problem of over crowding
5. Population sensitive flow strategy
- Depends on the political will to release prisoners in the face of public process