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Module 1: Introduction to Correction Institutional Correction

iNTRODUCTION TO
CORRECTION Correction as component of Criminal Justice System
For Criminal Justice System purposes, the term
correction, corrections and correctional, are words describing
Introduction: a variety of functions typically carried out by government
The content of this module is the introduction of correction agencies, and involving the punishment, treatment, and
globally down to locally.. As you read this material, you will be supervision of persons who have been convicted of crimes,
able to know the History and existence of the correctional these functions commonly given through institutional and non-
system in different civilization in different time. Likewise, you will institutional approaches. A correctional system, also known as
a penal system, thus refers to a network of agencies that
know more about the significance of punishment and the
different ancient’s forms of punishment, and also the Theory functions related to rehabilitating convicted persons through
justifying imposition of penalty. Major principles will also be part either institution-based or community-based corrections.
of this module so that your ideas on Effects of Punishment and
exemptions will be widen. After the content discussion, you are Correction is also the name of a field of academic
study concern with the theories, policies, and programs
given exercises to work on. Towards the end of this module,
you are tasked to give your own reflections. All these activities pertaining to the practice of corrections. Its object of study
will deepen and strengthen your understanding about the includes personnel training and management as well as the
lesson presented. Do the task honestly coupled with high experiences of those on the other side of the fence- the
interest so that you can benefit the most of it. unwilling subjects of the correctional process.

The terminology change in US academia from


"penology" to "corrections" occurred in the 1950s and 1960s,
and it was driven by a new philosophy emphasizing
Learning outcome: rehabilitation. It was accompanied by concrete changes in
Can discuss the history some prisons, like giving more privileges to inmates, and
of correctional attempting to instill a more communal atmosphere. At least
nominally, most prisons became correctional institutions, and
administration and guards became correctional officers. Although the
punishment and its corrections-related terminology continued thereafter in US
purpose. 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"
1. Identify and explain the
contemporary forms of Correction is a branch of administration of criminal
punishment and the Theories justice responsible for correction and rehabilitation of those
Justifying Imposition of
Penalty (Punishment)
• Can discuss the judicial
condition of penalty and
other consequences of
punishment
Module 1: Introduction to Correction Institutional Correction

persons, who are after observance of due process, was found What is correction?
violated penal law by competent judicial authority. • a branch of the criminal justice system concerned with
the custody, suspension and rehabilitation of criminal
offenders.
• Is 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.
• 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.

Two Approaches of Correction


1. Institutional Correction (Institution-based Correction)
rehabilitation or correctional programs take place
inside correctional facilities or institutions such as
The historical Old Bilibid Prison in the heart of Manila national penitentiaries and jails.
(Front Gate Bureau of Prisons, on c1900s/10s Vintage Postcard)
Non- Institutional Correction (Community-based Correction)
The present site is now being utilized by the Bureau of Jail Management and
Penology rehabilitation or correctional programs take place within the
as Manila City Jail community. This is otherwise refers to as community-based
correction. This approach the convict will not be placed or be
As a component of the criminal justice system, released from correctional facility or jails
correction occupies a crucial role of rehabilitating convicted 2.1. Probation- is a disposition, under which an accused
persons through the development of individualized treatment after conviction and sentence, is released subject to
programs which are responsive to the needs of their clients the conditions imposed by the Court and to the
and within the prescribed standards of existing laws and the supervision of a probation officer.
United Nations. 2.2. Parole- A conditional release from prison of a
convicted person upon service of the minimum of his
The Ultimate goal of Correction is to reform and indeterminate penalty.
rehabilitate convicted individuals and restore them in their prior 2.3. Pardon- a form of executive clemency which is
status before the commission of the crime, as law abiding exercise exclusively by the Chief Executive. Pardon
citizen 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.
Module 1: Introduction to Correction Institutional Correction

AGENCIES OF THE GOVERNMENT CHARGED WITH Difference between Arbitrary Detention and Illegal Detention
CORRECTIONAL RESPONSIBILITY
1. Bureau of Correction (BuCor) ARBITRARY DETENTION ILLEGAL DETENTION
2. Bureau of Jail Management and Penology (BJMP) Article 124, RPC Art. 267-268,RPC
3. Board of Pardons and Parole (BPP) Unlawful detention of a Unlawful detention of a
4. Parole and Probation Administration (PPA) person committed by public person committed by private
5. Provincial and Sub-Provincial Jails officers or officials person.

Imprisonment Notes:
Imprisonment is the commitment to an institution, ü Arbitrary Detention under Article 124 of the Revised
commitment to prison, confinement, custody, detainment in Penal Code should be further differentiated from delay
custody, held in captivity, held in restraint, in captivity, in in delivery of detained person to proper judicial
custody, in jail, incarceration, internment, keep behind bars, authority under Article 125 of the same code.
kept as captive kept in captivity, kept in custody kept in ü In arbitrary detention, it is a sufficient that a public
detention, kept under arrest, locked up, put behind bars, put in officer or employee, without legal grounds, detains a
cell, put under restraint, sent to jail, sent to prison. person. Hence, an important element is detention
without any legal ground.
To put it simply, imprisonment is defined as the act of ü In delay in delivery of detained person to proper
confinement of a person in prison; restraint of one’s personal judicial authorities, the detention is with some legal
liberty; forcible detention of man’s person or his movements. ground however, it becomes unlawful only when the
public officer or employee shall fail to deliver such
CONSTITUTIONAL LIMITATION OF THE GOVERNMENT TO PUNISH person to proper judicial authority within the period
CRIMINALS: prescribed by Article 125 of the Revised Penal Code.
Legal Rights against Unlawful Imprisonment or Detention ü The prescribed periods under the Article 125 are as
One of the most protected rights of an individual is his follows:
right to liberty this is expressly provided for under 1987 1. 12 hours for crimes or offenses punishable by light
Constitution, which states, “No person may be deprived of penalties;
lives, LIBERTY and property without due process of law”. 2. 18 hours for crimes or offenses punishable by
Considering that the Constitution is not a self-executing law, correctional penalties;
the Revised Penal Code provide punishments not only to 3. 36 hours for crimes or offenses punishable by
public officers violating this constitutional right of an individual, afflicted or capital penalties, or their equivalent.
but also private persons as well. • Unlawful Arrest under Art. 269, Elements:
1. That the offender arrest or detain another person;
2. That the purpose of the offender is to deliver him t the
proper authorities; and
3. That the arrest of detention is not authorized bylaw or
there is no reasonable ground thereof.
Module 1: Introduction to Correction Institutional Correction

Considered Legal Ground for Detention of any person Notes:


1. Commission of the crime.
2. Violent insanity or any other ailment requiring ü Safekeeping- is the temporary custody of a persons or
compulsory confinement in a hospital detention of a person for his own protection or care, to
Note: Under the government exercise of police power, those secure from liability to harm, injury or danger.
persons who are infected of contagious disease may likewise When Judgement of Conviction in Criminal Case become
be separated to the rest of the population. Final?

Inmate Ø After the lapse of the period for perfections an


appeal which is fifteen (15) days;
ü Is a person committed to jail/prison by a competent Ø When the sentence has been partially or totally
court or authority for any of the following reasons: satisfied or served;
1. To serve a sentence after conviction Ø When the accused expressly waives in writing his
2. Under trial right to appeal;
3. Under investigation Ø When the accused applies for probation
Notes: Classification of Sentenced Prisoners
ü The court is said to be competent when it has the 1. Insular Prisoner- is a person who is sentenced to serve a
jurisdiction to try and decide a particular case prison term of over three (3) years and it is also known
ü Requisites for valid exercise of Criminal Jurisdiction as National Prisoner.
1. There must be a jurisdiction over the subject matter 2. Provincial Prisoner- one who is sentenced to a prison
2. There must be a jurisdiction over the territory; and term of six (6) months and one (1) day to three (3)
3. There must be a jurisdiction over the person of the years.
accused 3. City Prisoner- is a person who is sentenced to serve a
ü Aside from courts , there are other authorities that can prison term of one (1) day to three (3) years.
commit a person to jail like Boards and Commission 4. Municipal Prisoner- is a person who is sentenced to
and even police authorities within limited periods. serve a prison term of one (1) day to six (6) months.
GENERAL CATEGORY OF INMATES Note:
1. Sentenced Prisoner (prisoner)- are persons who are The Classification enumerated above is based on the duration
convicted by final judgement of the crime charged of imprisonment of the convicted person.
against them.
2. Detention Prisoner (detainee)- are persons who are Inmates Security Classification
detained for the violation of law or ordinance and has
The inmate’s security classification utilized by the BJMP
not yet been convicted; and
is different from what is being used by the BuCor.
3. Persons held for investigation or safekeeping
Module 1: Introduction to Correction Institutional Correction

BJMP CLASSIFICATION BUCOR CLASSIFICATION “POENA” which means pain or suffering and “LOGOS” which
1. High Risk Inmates 1. Maximum means study.
2. High Profile Inmates 2. Medium
3. Ordinary Inmates 3. Minimum - otherwise known as Penal Science. It is actually a
division of criminology that deals with prison
management and the treatment of offenders and
Suggested Alternative for detention and Imprisonment concerned itself with the philosophy and practice of
society in its effort to repress criminal activities.
1. Wider use of bail and other approve methods of
Penal Management- Refers to the manner or practice of
released from custody
managing or controlling places of confinement as in jails or
2. Elimination from the jai; and prison of those who should
prisons.
be elsewhere like those mentally-ill and juveniles.
3. Payment of fines instead of imprisonment if penal law Imprisonment- is the commitment to an institution,
permits commitment to prison, confinement, custody, detainment,
4. Extensive use of Community-based Correction detainment in custody, held in captivity, held in restraint. In
approaches like Probation, parole, and Conditional captivity, in custody, in jail, incarceration, interment, keep
Pardon. behind bars, kept as captive, kept in captivity, kept in custody,
5. Used of the delayed sentenced. This is procedure, kept in detention, kept under arrest, locked up, put behind
which permits an incarcerated inmate to pursue his bars, put in a cell, put under restraint, sent to jail, sent to prison.
normal job during the week and return to the jail or
prison facility to serve sentence during non-working - Defined as the act of confinement of a person in prison;
hours. In the Philippines, delayed sentenced is not restraint of one’s personal liberty; forcible detention of
being applied. a man’s person or his movements.

Exercises: Utilization of additional Sheet of paper if necessary is


permissible.
TERMINOLOGIES:

Correctional Administration- The study and practice of a


systematic management of jails or prisons and other institutions
concerned with the custody, treatment, and rehabilitation of
criminal offenders.

Penology- The study of punishment for crime or of criminal


offenders. It includes the study of control and prevention of
crime through punishment of criminal offenders. The term is
derived from the Greek word “POINE” as well as Latin word
Module 1: Introduction to Correction Institutional Correction

Essay: Utilization of Additional Sheet of paper if necessary is 2. Discuss the significance of the provision of the
permissible. Constitution for the protection of people’s right against
unlawful imprisonment or detention.
1. Discuss the role or function of correction as a
component of Criminal Justice System
Module 1: Introduction to Correction Institutional Correction

4. Provide the differences among Arbitrary Detention,


Illegal Detention and Delay in delivery of detain person
to proper judicial authorities.

3. Is the term correction provides the same meaning of


imprisonment? Justify your answer.

5. In your own opinion, why do we need to find some


alternative for imprisonment?
Module 1: Introduction to Correction Institutional Correction
Module 1: Introduction to Correction Institutional Correction

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