INTRODUCTION TO CORRECTION

Correction as component of Criminal Justice System or Criminal Justice system purposes, the term
correction, corrections and correctional are words describing a variety of functions typically carried out
by government agencies, and involving the punishment, treatment, and supervision of persons who
have been convicted of crimes, these functions commonly given through institutional and on
institutional approaches. A correctional system, also known as a penal system, thus refers to a network
of agencies that functions related to rehabilitating convicted persons through either institution-based or
community-based corrections.

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 By penal law by
competent judicial authority.

Correction

-Is that branch of the administration or criminal justice charged with the responsibility for the
Custody, supervision did rehabilitation judicially found Violated criminal law.

-Correction is in a view of reorientation or re-instruction or the individual with a purpose or

preventing a repetition or the unlawful activities without necessity of taking punitive action.

Two (2) Approaches of Correction

1. Institutional correction (1nstitution-based correction)

--rehabilitation or correctional programs take place inside correction facilities or institutions
such as national penitentiaries and jails.

2. Non-Institutional Correction (Community-based Correction)

-rehabilitation and correctional programs take place within the community. This is otherwise
refers 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 exclusive By the Chief Executive.
(Pardon) or unconditionally (absolute PARDON) (conditional Institutional Correction, it is
the Conditional Pardon with parole conditions pardon). Or the purpose of Non IS under
consideration.

Agencies of the government charged with correctional responsibility

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
Note:

It should be remembered that adult criminal justice system is not applicable nor instead it should be
Juvenile Justice System under RA 9344 as amended.

MODULE 2 Imprisonment

Imprisonment is the commitment to an institution, commitment to prison, confinement, custody,

detainment, in custody, held in captivity, in custody, in jail, incarceration, internment, keep behind the
bars in custody, kept in detention, kept under arrest, locked up, put behind bars, put in cell, put under
restraint, Sent to jail, sent to prison.

To put it simply, imprisonment is defined as the act of confinement of a person in prison or restraint of
one’s personal liberty; forcible detention or a man’s pers0n or his movements.

CONSTITUTONAL LIMITATION OF THE GOVERNMENT TO PUNISH CRIMINALS:

Legal Rights against Unlawful Imprisonment or Detention

One of the most protected rights of an individual is his right to liberty this is expressly provided Or under
1987 Constitution, which states, "No person may be deprived of lives, Liberty and property without due
process of law" Considering that the Constitution is not a self-executing law, the Revised Penal Code
provide punishments not only to public officers violating this constitutional right of an individual, but
also private persons as well.

Deterrence between Arbitrary Detention and Illegal Detention

ARBITRARY DETENTION ILLEGAL DETENTION

ART.124,RPC ART.267-268, RPC

UNLAWFUL DETENTION OF A PERSON COMMITTED UNLAWFUL DETENTION OF A PERSON COMMITTED

BY PUBLIC OFFICERS OR OFFICIALS. BY PRIVATE PERSON

Notes:

Arbitrary detention under Article 124 of the Revised Penal Code should be further differentiated from
Delay in delivery of detained person to proper judicial authority under Article 125 of the same Code.
In Arbitrary detention, it is sufficient that a public officer r or employee, without legal grounds, detains a
person. Hence, an important element is detention without any legal ground.
In Delay In delivery of detained person to proper judicial authorities, the detention is with some legal
ground however, it becomes unlawful only when the public officer or employee shall fail to deliver such
person to proper judicial authority within the period prescribed by Article 125 of Revised Penal Code
The prescribed periods under Article 125 are as follows:
1. 12 hours for crimes or offense’s punishable by light penalties;
2. 18 hours for crimes or offenses punishable by correctional penalties; and
3. 36 hours tor crimes or offenses punishable by afflicted or capital penalties, or their equivalent

Unlawful Arrest under Article 269, Elements:

1. That the offender arrests or detains another person
2. That the purpose or the offender is to deliver him to the proper authorities and
3. That the arrest or detention is not authorize by law or there is no reasonable ground thereof.
Considered Legal Grounds for Detention of any person

1. Commission or the crime.

2. Violent insanity or any other ailment requiring compulsory confinement in a hospital.

Note: Under the government exercise of police power, those persons who are infected of contagious
diseases may likewise be separated to the fest or the population.

Inmate
Defined
Inmate is a person Committed to jail/prison by a competent court or authority for any of the
following reasons
*To serve sentence after conviction
* under trial
* under investigation

Notes: -The court is said to be competent when it has the jurisdiction to try and decide a particular case
-Requisites for valid exercise of Criminal Jurisdiction
A. here must be a Jurisdiction over the subject matter;
B There must be a jurisdiction over the territory; and
C. here must be a jurisdiction over the person of the accused

Aside from courts, there are other authorities that can commit a person to jail like Boards and
commission and even police authorities within limited periods.

General Category of inmates

1. Sentenced Prisoner (prisoner) - are persons who are convicted by the final judgment of the crime
changed against them.
2. Detention Prisoner (detainee)-are persons who are detained for the violates or law or ordinance and
has not yet been convicted, and
3. Persons held for investigation or safekeeping
Note:

SAFEKEEPING is the temporary custody of a persons or detention of a person FOR HIS OWN protection
or care, to secure from liability to harm, injury or danger.
Classification of sentenced Prisoners

1. Insular Prisoner-is a person who is sentenced to serve a prison term or over three (3) years and it is
also known as National Prisoner.

2. Provincial Prisoner- one who is sentenced to a prison term of Six (6) months and one (1) day to three
(3] years
3. CITY PRISONERS- is a person who is sentenced to serve a prison term of one (1) day to three (3) years
4. Municipal Prisoner-is a person who is sentenced to serve a prison term Or One (1) Day to six (6)
months.

Note: The Classification enumerated above is based on the duration of imprisonment of the convicted
person.

MODULE 3 PUNISHMENT

Punishment, the infliction of some kind of pain or loss upon a person for a misdeed (i.e., the
transgression of a law or command). Punishment may take forms ranging from capital punishment ,
flogging , forced labor , and mutilation of the body to imprisonment and fines. Deferred punishments
consist of penalties that are imposed only if an offense is repeated within a specified time.
In some pre modern societies, punishment was largely vindictive or retributive, and its prosecution was
left to the individuals wronged (or to their families). In quantity and quality such punishment bore no
special relation to the character or gravity of the offense. Gradually there arose the idea of
proportionate punishment, such as was reflected in the biblical dictum “an eye for an eye” (see talion ).
Eventually punishment by individuals came under the control of the community; later, with the
development of codes of law, the state took over the punitive function for the maintenance of public
order. Under such a system, the state is viewed as the entity wronged by the crime , and the exaction of
punishment by individuals acting on their own behalf (as in cases of lynching ) is illegal.
This article deals with theories and objectives of punishment and examines general systems of
punishment in various countries and regions. For discussion of specific forms of punishment, see capital
punishment , flogging , exile and banishment , and drawing and quartering . For additional general
discussion, see torture .
ANCIENT FORM OF PUNISHMENT: PUNISHMENT OF PRIMATIVE SOCIETY
DEATH PENALTY (CAPITAL PUNISHMENT)
-sentencing the convicted person to death by means of hanging, burning, immersing in boiling
oil, feeding to wild animals and other barbaric ways.
ORIGINS OF CAPITAL PUNISHMENT

Death by sawing was the act of sawing or cutting a living person in half, either sagittal (usually mid
sagittal, or transversely. Death by sawing was a method of execution reportedly used in different parts
of the world, but most frequently in Medieval Europe .

A garrote or garrote vil (a Spanish word; alternative spellings include garotte and similar variants [1] )
is a
weapon , most often a handheld ligature of chain, rope, scarf, wire or fishing line, used to strangle
person.

The guillotine was invented with the specific intention of making capital punishment less painful in
accordance with Enlightenment ideals, as previous methods of execution in France had proven to be
substantially more painful and prone to error. After its adoption, the device remained France's
standard
method of judicial execution until the abolition of capital punishment in 1981. [3] The last person to be
executed in France was Hamida Djandoubi , who was guillotined on 10 September 1977. [4] Djandoubi
was
the last person executed by guillotine by any government in the world.
Premature burial, also known as live burial, burial alive, or vivisepulture, means to be buried while
still
alive.
Animals or humans may be buried alive accidentally on the mistaken assumption that they are dead, or
intentionally as a form of torture, murder, or execution . It may also occur with consent of the victim as
a
part of a stunt , with the intention to escape.

To be hanged, drawn and quartered was, from 1352 after the Treason Act 1351 , a statutory penalty in
England for men convicted of high treason , although the ritual was first recorded during the reign of
King Henry III (1216–1272). The convicted traitor was fastened to a hurdle , or wooden panel, and drawn
by horse to the place of execution, where he was then hanged (almost to the point of death),

emasculated , disembowelled , beheaded , and quartered (chopped into four pieces). His remains would
then often be displayed in prominent places across the country, such as London Bridge , to serve as a
warning of the fate of traitors. For reasons of public decency, women convicted of high treason were
instead burned at the stake .

Execution by electrocution, performed using an electric chair, is a method of execution originating

(and
almost exclusively employed) in the United States in which the condemned person is strapped to a
specially built wooden chair and electrocuted through electrodes fastened on the head and leg. This
execution method, conceived in 1881 by a Buffalo, New York dentist named Alfred P. Southwick , was
developed throughout the 1880s as a supposed humane alternative to hanging , and first used in 1890.
This execution method has been used in the United States and for several decades [1] in the Philippines .
While death was originally theorized to result from damage to the brain, it was eventually shown in
1899 that it primarily results from ventricular fibrillation and eventual cardiac arrest. [2]

Execution by firing squad, in the past sometimes called fusillading [1] (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 , such as the brain or heart, most often will kill relatively quickly.