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MODULE V
THE CORRECTIONS
THE FOURTH PILLAR IN THE ADMINISTRATION OF THE
CRIMINAL JUSTICE SYSTEM (CJS)
A. Module Description:
The fourth Pillar of the Criminal Justice System is the correction. This pillar takes
over once the accused, after having been found guilty, is meted out the penalty for a
crime he committed. He can apply for probation or he could be turned over to a non-
institutional or institutional agency or facility for custodial treatment and rehabilitation.
The offender could avail of the benefits of parole or executive clemency once he has
served the minimum period of his sentence. In this module the above mentioned areas or
approaches will be tackled together with the different forms of the community based
correction. The functions of corrections in relation to the administration of CJS will also
be emphasized likewise the purposes and principles of the Bureau of Corrections.
B. Learning Outcomes:
In this stage, correction, rehabilitation and reorientation of those who are judicially
found guilty will take place.
Correction, Defined
Correction is the branch of criminal justice charged with the responsibility for the
custody, supervision, and rehabilitation of the convicted persons. Without the necessity of
taking punitive action, correction aims to prevent the repetition of unlawful activities.
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When does correction enter into the picture in the administration of the CJS?
Correctional institutions enter into the picture, as a rule, when the conviction of the
accused has been completed and the court issues a MITTIMUS for the enforcement of its
decision.
Mittimus is a warrant issued by a court bearing its seal and the signature of the judge
directing the jail or prison authorities to receive the convicted offender for service of sentence.
B. PURPOSES OF CORRECTIONS
1. Deterrence
2. Rehabilitation
3. Reintegration
4. Isolation and Incapacitation
5. Punishment
Deterrence is one of the most meaningful principles of corrections. Its concept is that
punishing the criminal will reduce the incidence of criminal behavior in a society.
1. The concept of general deterrence. This can be thought of as the power of criminal
law and the agencies of criminal justice to deter offenders from committing crimes.
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The threat of arrest, conviction, and imprisonment then prevents a person from
committing a crime. Which in the absence of these sanctions might otherwise commit.
2. The concept of special deterrence. This form of deterrence, theoretically, is designed
to prevent further crimes by someone who has already experienced the sanctions
imposed by the law through the mechanisms of the courts and imprisonment.
The goal in this purpose links the criminal behavior with abnormality or some form of
deficiency in the criminal. It assumes that human behavior is the product of an antecedent
causes in that to deal effectively with any deviant behavior, these various cases must be
identified-be they physical, moral, mental, social, vocational or academic.
Once the problems have been diagnosed and classified for treatment, the offender can
be corrected by the right psychological therapy.
This model is a more practical and realistic extension of the rehabilitative philosophy.
Like the rehabilitative model, it views the offender as needing help-but at the same time it
recognizes that criminal behavior is often the result of disjunction between the offender and
the society.
The reintegrative model realizes that society and the individual are inseparable, and
therefore the offenders’ environment is also emphasized. If the offenders are to be helped,
then must be assisted in coping with the forces of the everyday environment which they will
return upon release from prison.
The idea of incapacitation rests on the idea that convicted criminals should render
physically unable to continue their criminal acts-whether this is accomplished by
imprisonment and thereby the removal of the individual from society or by the imposition of
death penalty in criminal cases.
In contrast, isolation is the major impetus behind the exile and the method of
transportation of dealing with the offender.
The general concept is that it is the infliction of some sort of pain on the offender for
violating the law. In the legal sense, it is more of an individual redress or personal vengeance.
Punishment therefore defined as the redress that the state takes against the offending
member. Punishment is also a form of disapproval for certain behaviors that is followed by
the imposition of penalty. Punishment makes the offender stigmatized and penalized.
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(c) Deterrence
(d) Protection
(e) Reformation.
1. Development of exemptions
2. Executive clemency
3. Decline in the severity of punishment
4. Growths of modifications in imprisonment
5. Indeterminate sentence
6. Suspended Sentence or Reprieve
7. Probation
8. Conditional Pardon
9. Short Sentences and
10. Fines.
Define penology.
1. To confine prisoners by giving them adequate living spaces as the first conditions
to be met before any effective rehabilitation programs can be undertaken.
2. To prevent prisoners for committing crime while in custody.
3. To provide humane treatment by affording them human basic needs in the prison
environment and prohibiting cruel methods and provide a variety of rehabilitation
program.
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For centuries, jails and prisons were places to hold people before they were punished
for their crimes, rather than places of punishment for convicted offenders. People were locked
up until they could be executed, pilloried or subjected to other forms of barbaric suffering.
Today, particularly in the Philippines, defendants are held in jails under the Bureau of Jail
Management and Penology until judgment is rendered by the court if bail is not available.
After conviction, the convicted person will remain in jail if the sentence is three years of
imprisonment or below. Only when the sentence us more than three years that is convicted
person is transferred from the jail to a correctional facility under the control of the Bureau of
Correction for the service of such sentence.
Penology
It is the study of the punishment of crime and prison management. It is a section
of criminology that deals with the philosophy and practice to repress criminal
activities via an appropriate treatment and supervision of persons convicted
of criminal offenses.
Penology, also called Penal Science, the division of criminology that concerns itself
with the philosophy and practice of society in its efforts to repress criminal activities.
As the term signifies (from Latin Poena, “pain,” or “suffering”), penology has stood in
the past and, for the most part, still stands for the policy of inflicting punishment on
the offender as a consequence of his wrongdoing; but it may reasonably be extended to
cover other policies, not punitive in character, such as probation, medical treatment,
and education, aimed at the cure or rehabilitation of the offender; and this is, in fact,
the accepted present sense of the term.
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The BuCor is under the Department of Justice, tasked for the custody, security and
rehabilitation of convicted person with penalty of imprisonment of more than three years.
The Mandates of the Bureau of Corrections (Section 4, RA 10575 approved last May 24,
2013)
1. To confine persons who are convicted by the courts to serve a sentence in the national
prisons.
2. To prevent prisoners from committing crimes while in custody.
3. To provide humane treatment by affording them basic needs in the prison facility and
prohibiting cruel methods of punishment.
4. To provide a variety of rehabilitation program designed to change the prisoner’s
pattern of criminal or anti-social behavior.
5. To engage in agro industrial projects for the purpose of developing prison lands and
resources into productive bases or profit centers, developing and employing inmate
manpower skills and labor, providing prisoners a source of income and reducing the
Bureau’s yearly appropriated funds.
6. To perform other functions that may be directed by the Secretary of Justice or other
competent authorities.
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Searching
1. Receiving- the new prisoner is received at the Reception and Diagnostic Center (RDC).
The new prisoner usually comes from a provincial or city jail where he was
immediately committed upon conviction by the court and escorted by a platoon during
his transfer to the national prison.
2. Checking of commitment papers- the receiving officer checks the commitment
papers if they are in order. That is, if they contain the signature of the judge or the
signature of the clerk of court and the seal of the court.
3. Identification- the prisoner’s identity is established through the picture and
fingerprint appearing in the commitment order. This is to ensure that the person being
committed is the same as the person being named in the commitment order.
Note: Commitment Order- a written order of the court or any competent authority
consigning an offender to a jail or prison for confinement.
4. Searching- this step involves the frisking of the prisoner and searching his personal
things. Weapons and other items classified as contraband are confiscated and
deposited to the property custodian. Other properties are deposited with the trust fund
under recording receipts.
5. Briefing and orientation/ assignment of quarters- the prisoner will be briefed and
oriented on the rules and regulations of the institution before he is assigned to the
RDC or quarantine unit.
Note: Quarantine Unit- this may be a unit of the prison or section of the RDC where
the prisoner is given thorough physical examination including a blood test, x-rays, and
vaccinations. This is for the purpose of insuring that the prisoners are not suffering
from any contagious disease which might be contacted by the prison population.
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The Bureau of Jail Management and Penology is created under Section 10 of R.A.
6975 as amended by R.A. 9263. The BJMP exercises supervision and control overall the city
and municipal jails EXCEPT provincial jails. The provincial jails are supervised and
controlled by the provincial government within its jurisdiction whose expenses shall be
subsidized by the National Government.
What is jail?
Jails are integral parts of the criminal justice system. Although it is considered as aa
sub-system of the corrections component, it plays a far more important role than the
classification would suggest.
Jails serve as the portal to the criminal justice system. It is an important indicator of
the interest and concern with justice, punishment and rehabilitation expressed by society
and the local community.
Jails are the most frequently experienced form of incarceration. There is no exact data
on the number of prisoners admitted in jails, but certainly it is many times the number of
prisoners received in prisons (Tradio, 1999).
Jails are institutions for the confinement of persons who are awaiting final disposition
of their criminal cases and also for the service of those convicted and punished with shorter
sentences.
1. Those who cannot post bail either because they cannot afford the required bond or the
services of a bail bondsman or who have been denied bail by the courts, while waiting
for their trial.
2. Those who are convicted of a crime and sentenced to serve an imprisonment of up to
three years.
3. Those who are sentenced to serve a prison sentence of more than three years while
awaiting state transfer to the Bureau of Prison.
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What is the relation of jail with the police? With the courts?
The relationship of the jail t the police is one of accommodation and necessary
cooperation, the jail has the responsibility to accept any prisoner who is legally arrested and
can be legally received and detained. Because the jails hold the accused until the formal
machinery of criminal justice begins to move, jail personnel and the police have to work
together.
The jails and the courts must also work in close cooperation. The court both
influences the jail’s activity and in turn is dependent on the jails’ successful handling of the
court imposed workload.
TYPES OF JAIL
a. Lock up- this is a security facility; usually operated by the police stations, for the
temporary detentions of persons held for investigation or awaiting preliminary
investigation before the prosecutor.
b. Ordinary jail- the place of confinement for detention prisoners and sentenced
prisoners serving short sentences.
c. Workhouses, jail farms or camp- these institution house the minimum custody
offenders serving short sentences.
1. Commitment order
2. Medical certificate
3. Complaint/ information
4. Police booking sheet
Insular or National Prisoner- 3 years and 1 day to life imprisonment. Their place of
confinement is at the National Buerau of Prisons in Muntinlupa.
Provincial prisoners- 6 months and 1 day to 3years or a fine not more than 1, 000
pesos, or both. Their place of confinement is in the Provincial Jails.
City prisoners- 1 day to 3 years or a fine not more than 1,000 pesos, or both. Their
place of confinement is in the City Jails.
Municipal prisoners- confined in Municipal Jail to serve an imprisonment from 1
day to 6 months. Their place of confinement is in the Municipal Jails.
Classification of Detainees
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Undergoing investigation
Awaiting or undergoing trial
Awaiting final judgment
Jail
- A place of detention;
- A place where a person convicted or suspected of a crime is detained.
- BJMP
- DILG
- holds people awaiting trial and people sentenced for a short duration.
Prison
- A long term confinement for those convicted of serious crimes.
- Bureau of Corrections
- DOJ
- Holds people convicted of crimes; sentenced for a longer term.
The community- based treatment programs are those programs that are intended to
treat criminal offenders with in the free community as alternatives to confinement. It
includes all correctional activities directly addressed to the offender and aimed at helping
him to become a law- abiding citizen.
a. Elimination from the jails of those who belong elsewhere such as those to be at the
mental hospital, training schools, foster homes or to the care of the social welfare.
b. Adoption of the restorative justice’s concept of intervention and diversion programs.
c. Payment of fines instead of imprisonment.
d. Extensive use of probation.
e. Establishment of more farm units and the forestry camps for minimum security
prisoners serving short sentences.
f. Delayed sentence this a procedure which permits a prisoner to pursue his normal job
during the week and return to the jail to serve his sentence during non-working hours.
Community-based corrections apply not only to changes in the traditional location and
use of prisons but also to the inclusion or specific correctional efforts within this new design.
The government is forced to consider community-based corrections as an alternative to
imprisonment. This is probably the result of an effort to relieve the pressure of a
overcrowding.
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Prison administrators have realized that massive and isolated prisons do not provide
the best setting for correctional efforts. To achieve the correctional goals of imprisonment,
institutional programs and inmates must interact more with the society.
This is an allowance given in consideration for the good conduct of the prisoner and as
a motivation for his good behavior while serving his sentence. These allowances are granted
by the Director of Prisons and once given cannot be revoked.
In essence, for good conduct of the prisoner, a number of days are deducted from the
length of years that prisoners have been sentenced to serve.
I. Probation
It is a disposition whereby a defendant, after conviction of an offense, the penalty of
which does not exceed 6 years of imprisonment, is released subject to the conditions
imposed by the releasing court and under the supervision of a probation officer.
It is substitute for imprisonment the probationer is compared to an outpatient, a sick
person who does not need to be hospitalized because his illness is considered less
serious.
Presidential decree 968 otherwise known as the “Philippine Probation Law” approved
and took effect on July 24, 1976. Section 18, PD 968 as amended states the creation
of Probation administration under the DOJ, which shall exercise general supervision
over all probationers.
Purposes of probation
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1. The court may modify the conditions of probation or revoke the same.
2. If the violation is serious, the court may order the probationer to serve his prison
sentence.
3 The probationer may also be arrested and criminally prosecuted if the violation is
a criminal offense.
There are two kinds of conditions imposed upon the offender under probation:
1. Not more than 2 years if the sentence of the offender is 1 year or less.
2. Not more than 6 years if the sentence is more than one year.
3. When the penalty is a fine only and the offender is made to serve subsidiary
imprisonment, probation shall be twice the total number of days of subsidiary imprisonment.
Advantages of Probation
1. The convicted criminal offender can continue to work in his place of employment.
2. It prevents the tendency of broken homes.
3. It relieves prison congestion.
II. Parole
Parole is the process of suspending the sentence of a convict after having served the
minimum of his sentence without granting him pardon, and prescribing the terms
upon which the sentence shall be suspended. (Cirilo Tradio)
Parole is a procedure by which prisoners are selected for release on the basis of the
individual response to the correctional institution and the service progress and by
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which they are provided with the necessary controls and guidance as they serve the
remainder of their sentences within the free community.
Elements of Parole
Whenever the board of pardon and parole finds that there is a reasonable probability
that if released, the prisoner will be law abiding and that his release will not be
incompatible with the interest and welfare of society and when a prisoner has already
served the minimum penalty of his/her indeterminate sentence of imprisonment.
Parole Probation
Parolee Probationer
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It refers to the commutation of sentence, conditional pardon and absolute pardon may be
granted by the president upon recommendation of the board.
The power of executive clemency is a tacit admission that human institutions are imperfect
and that there are infirmities in the administration of justice. The power, therefore, exists as
an instrument for correcting these infirmities and for mitigating whatever harshness might
be generated by an excessively harsh or strict application of the law.
3. Reprieve- a temporary stay of the execution of sentence especially the execution of the
death sentence. Generally, reprieve is extended to prisoners sentenced to death. The
date of execution of sentenced is set back several days to enable the chief to study the
petition of the condemned man for commutation of sentenced or pardon.
4. Pardon- an act of grace extended to prisoners as a matter of right, vested to the Chief
Executive (The President) as a matter of power.
- A pardon is a deed, to the validity of which delivery is essential, and delivery is not
complete without acceptance. It may then be rejected by the person to whom it is
tendered; and if it be rejected, we have discovered no power in a court to force it on
him.
It is a kind of correction and rehabilitation where the focus is on the early release of
the sentenced prisoner after serving the minimum of his sentence as previously determined
by the court based on the guidelines provided by law.
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The release from prison is dependent on the offender’s rehabilitation and readiness for
reintegration.
The release date is determined on how quickly the offender is progressing in his
rehabilitation and depending of the judgment of the Parole Board.
E. CORRECTIONAL DISCRETION
1. To determine the prison institution where the offender will be imprisoned;
2. To determine the types of the programs to which the offender will be imprisoned;
3. To determine the degree if custody;
4. To awards privileges;
5. To punish for disciplinary infractions; and
6. To make recommendations to the parole board.
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