CA -3

THERAPEUTIC MODALITIES
Course Description

This course covers the different therapeutic modalities , treatment

models, treatment programs, and policy or program intervention for both
in institutional and non-institutional corrections. The forging of
partnerships, involvement and engagement of Government Agencies,
Religious Sector, Private Foundations, Institutions and Non-Governmental
Organizations focused on the Detainee’s/Inmate’s /Persons Deprived of
Liberty’s total welfare and well being.
PART 1

REVIEW ON THE RELEVANT TOPICS IN

INSTITUTIONAL CORRECTIONS AND
NON-INSTITTUIONAL CORRECTIONS.
PENOLOGY

Penology – is the study of punishment for crime or criminal offenders. It includes the
study of control and prevention of crime through punishment of criminal offenders. It is
a term derived from the Latin word “POENA” which means pain or suffering.
Penology is also known as Penal Science. It is actually a division of Criminology that
deals with prison management and the treatment of offenders, and concerned itself
with the philosophy and practice of society in its effort to repress criminal activities.

Principal aims of Penology:

1. To bring to light the ethical bases of punishment, along with the motives and purposes
of society in inflicting it.
2. To make comparative study of penal laws and procedure through history between
nations.
3. To evaluate the social consequences of the policies enforced at a given time.
Penal Management

Penal management – is the manner or practice of managing or controlling places

of confinement as in jails or prisons.

CORRECTION
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 offense for
purposes of crime prevention and control.
Correction as a Process:
Correction as a process is the reorientation of the criminal offender to prevent him or
her from repeating his/her delinquent actions without the necessity of taking punitive
action but rather introduction of individual measures of reformation.
Correction Administration – Is 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.
Correction and the Criminal Justice System – The Criminal Justice System is the
machinery of any government in the control and prevention of crimes and criminality. It
is composed of the Pillars of Criminal Justice such as ; the Law Enforcement Pillar
(Police), the Prosecution Pilar, the Court Pillar, the correction Pillar and the Community
Pillar.
Correction as one of the pillar of criminal justice system is considered as the weakest
pillar. This is because of its failure to deter individuals in committing crimes as well as
the reformation of inmates.
Historical Perspective on Correction

13th Century
In the 13th century, a criminal could avoid punishment by claiming refugee in a
church for a period of 40 days at the end of which he is compelled to leave the realm by
a road or path assigned to him. In England at about 1468, torture as a form of
punishment became prevalent.

16th Century
Transportation of criminals in England was authorized during the 16th Century. At the
end of the century Russia and other European Countries followed this system. It
partially relieved overcrowding of prisons. Transportation was abandoned in 1835.
7th to late 18th Century
Death penalty became prevalent as a form of punishment.
GAOLS (jails) were common. These are pre-trial detention facilities operated by English Sheriff.
The GALLEYS were also used . These are long , low, narrow, single decked ships propelled by
sails, usually rowed by criminals, a type ship used for transportation of criminals in the 16 th
Century.
HULKS – decrepit transport, former warships used to house prisoners in the 18 th and 19th
Century. These were abandoned warships converted into prisons as means of relieving
congestion of prisoners. They were also called “floating hells”.

Compensation of a wrong act:

1. Retaliation (Personal Vengeance) - the earliest remedy for a wrong act to any one (in the
primitive society). The concept of personal revenge by the victim’s family or tribe against the
family or tribe of the offender, hence “blood feuds” was accepted in the early primitive
societies.
2. Fines and Punishment – Customs has exerted effort and great force among
primitive societies. The acceptance of vengeance in the form of payment (cattle,
food, personal services, etc.) became accepted as dictated by tribal traditions.

THE EARLY CODES

History has shown that there are three (3) main legal systems in the world,
which have been extended to and adopted by all countries aside from those
that produced them. In their chronological order, they are the Roman, the
Mohammedan or Arabic and the Anglo-American Laws. Among the three, it
was Roman Law that has the most lasting and most pervading influence.
The Roman private law (which include Criminal Law), especially has
offered the most adequate basic concept which sharply define, in concise and
in consistent terminology, mature rules, and a complete system, logical and
firm, tempered with a high sense of equity.
1. Babylonian and Sumerian Codes

Code of King Hammurabi (Hammurabic code) - Babylon, about 1990 BC, credited as the
oldest code prescribing savage punishment, but in fact, Sumerian Codes were nearly one
hundred years older.

Roman and Greek Codes

Justinian Code – 6th Century A.D. Emperor Justinian of Rome wrote his code of law. This
was an effort to match a desirable amount of punishment to all possible crimes. However,
the law did not survive due to the fall of the Roman Empire but left a foundation of Western
Legal codes.
The Twelve Tables (XII Tabulae) – (450-451 BC) - represented the earliest codification of
Roman Law incorporated into the Justinian Code. It is the foundation of all public and private
law of the Romans until the time of Justinian. It is also a collection of legal principles
engraved on metal tables and set up on the forum.
 Greek Code of Draco - In Greece, the Code of Draco, a harsh code that provides
the same punishment for both citizen and the slaves as it incorporates primitive
concepts (Vengeance, blood feuds). The Greeks were the first society to allow any
citizen to prosecute the offender in the name of the injured party.

The Burgundian Code (500 A.D.)

The code which specified punishment according to the social class of
offenders, dividing them into: nobles, middle class, and lower class and
specifying the value of the life of each person according to social status.

The Secular Laws

4th A.D. – Secular Laws were advocated by Christian philosophers who
recognizes the need for justice. Some of the proponents these laws were
St. Augustine and St. Thomas Acquinas.
During this period, three laws were distinguished: External law (Lex Externa),
Natural Law Lex Naturalis), Human Law (Lex Humana). All these laws are intended
for the common good, but the Human law only become valid it it does not conflict
with the other two laws.
The Early Prisons
1. Mamertine Prison – the 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.

Early Workshouses
Bridewell – a workhouse created fir the employment and housing of London’s “riffraff” in
1557 and was based on the work ethic that followed the breakup of feudalism and
increase 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 in 1596 that were soon copied all over Europe.
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 fir incorrigible boys and youth, and
included silence, large work area, and separate sleeping cells. Both expiation and reform were
intended goals.
3. Wallnut 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.
HISTORICAL SETTING OF CORRECTION IN THE PHILIPPINES

The Philippines is one of the many countries that came under the influence pf the
Roman Law. History has shown that the Roman Empire reached its greatest extent to
most of continental Europe such as Spain, Portugal, French and all of Central Europe.
Eventually the Spanish Civil code became effective in the Philippines on December
7, 1889, the “Conquistadores”. The “Kodigo Penal” (now Revised Penal Code) was also
introduced promulgated by the King of Spain. Basically , these laws adopted the Roman
Law Principles (Coquia, 1996).
Mostly tribal traditions, customs and practices introduced laws during the Pre-
Spanish Philippines. There were also laws that were written which includes the Code of
Kalantiao (promulgated in 1433) –the most extensive and severe law that prescribed
harsh punishment, and the Maragtas Code (Datu Sumakwel).
The Early Prisons in the Philippines

The formal prison system in the Philippines started only during the Spanish Regime,
where an organized corrective service was made operational. Established in 1847
pursuant to Section 1708 of the Revised Administrative Code and formally opened by
Royal Decree in 1865, the Old Bilibid Prison was constructed as the main penitentiary
on Oroquieta Street, Manila and designed to house the prison population of the Country.
In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of
Prisons originally intended as a site for boy’s training school. Today, the old Bilibid Prison
is now being used as Manila City Jail, famous as the “May Haligue State”.

.
PUNISHMENT AND THE CRIMINAL
Punishment is the redress that the state takes against an offending
member of society that usually involved pain and suffering.
Ancient Forms of Punishment
1. Death Penalty - effected by burning, beheading, hanging, breaking at the
wheels, pillory, and other forms of medieval execution.
2. Physical torture - effected maiming mutilation, whipping and other
inhumane or barbaric forms of inflicting pain.
3. Social Degradation - putting the offender into shame or humiliation.
4. Banishment or Exile - the sending or putting away of an offender which was
carried out either by prohibition against coming into a specified territory
such as an island to where the offender has been removed.
5. Oher similar forms of punishment like transportation or slavery.
Early Forms of Prison Discipline
1. Hard labor – productive works
2. Deprivation – deprivation of everything except the essentials of existence.
3. Monotony – giving the same food that is “off diet”, or requiring the prisoners to perform
drab or boring daily routine.
4. Uniformity - “we treat the prisoners alike” , the fault of one is the fault of all.
5. Mass movement – mass living in cellblocks, mass eating, mass recreating, mass bathing.
6. Degradation – uttering of insulting words of languages on the part of prison staff to the
prisoners to degrade or break the confidence of prisoners.
7. Corporal punishment - imposing brutal punishment of employing physical force to
intimidate a delinquent inmate.
8. Isolation or Solitary Confinement – non=-communication, limited news, “the lone wolf”.
 Contemporary Forms of punishment:

1. Imprisonment - putting the offender in prison for the purpose of protecting the public
against criminal activities and at the same time rehabilitating the prisoners by requiring
them to undergo institutional treatment programs.
2. Parole – a conditional release of a prisoner after serving part of his/her sentence in
prison for the purpose of gradually re-introducing him/her to free life under the guidance
and supervision of a parole officer.
3. Probation – a disposition whereby a defendant after conviction of an offence, the
penalty of which does not exceed six (6) years imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of a probation
officer.
4. Fine – an amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he committed a
crime, prohibiting him to get near or enter the 25 –kilometer perimeter.
 Justification of Punishment

1. Retribution – the punishment should be provided by the state whose sanction is violated , to
afford the society or the individual the opportunity of imposing upon the offender suitable
punishment as might ve enforced. Offenders should be punished because they deserve it.
2. Expiation or Atonement – a punishment in the form of group vengeance where the purpose is to
appease the offended public or group,
3. Deterrence – punishment gives lesson to the offender by showing to others what would happen to
them if they violate the law.
4. Incapacitation and Protection – the public will be protected if the offender is held in conditions
where he cannot harm others especially the public.
5. Reformation or Rehabilitation - establishment of the usefulness and responsibility of the offender.
Helping the prisoner to become law abiding citizen and productive upon his return to the
community by requiring him to undergo intensive program of rehabilitation in prison.
AGE OF ENLIGHTENMENT
18th Century is a Century of change. It is the period of recognizing human dignity. It
is the movement of reformation, the period of introduction of certain reforms in the
correctional field by certain person, gradually changing the old positive philosophy of
punishment to a more humane treatment of prisoners with innovational programs.

Pioneers in Reformation
William Penn (1614-1718) - Willian Penn fought for religious freedom and individual
rights. He is the first leader to prescribed imprisonment as correctional treatment for
major offenders. HE is also responsible for the abolition of death penalty and torture as
a form of punishment.

Charles Montesiquieu (Charles Louis Secondat, Baron dela Brede et de Monstesiquieu –

( 1689-1755) – Charles Montesiquieu - was a French historian and philosopher who
analyzed las as an expression of justice. He believe that harsh punishment would
undermine morality and that appealing to moral sentiments as better means of
preventing crime.
VOLTAIRE- (Francois Marie Arouet 1694-1778) - He was the most versatile of all
philosophers during this period. He believes that fear of shame was a deterrent to
crime. He fought the legality-sanctioned practice of torture.

Cesare Bonesa Marchese de Beccaria ( 1738-1794) - He wrote and essay entitled “An
Essay on Crimes and Punishment” , the most exciting essay on law during this century. It
presented the humanistic goal of law.
Jeremy Bentham ((1748- 1832) - the greatest leader in the reform of English Criminal
Law. He believes that whatever punishment designed to negate whatever pleasure or
gain the criminal derives from crime, the crime rate would go down. Bentham was the
one who devise the ultimate PANOPTICON PRISON – a prison that is consist of a large
circular building containing multi-cells around the periphery.
John Howard (1726-1790) - He was sheriff of Bedsfordshire in 1773 who devoted his life
and fortune to prison reform. After his findings on English Prisons, he recommended
the following: single cells for sleeping, segregation of women, segregation of youth,
provision of sanitation facilities, abolition of fee system by which jailers obtained money
from prisoners.
 THE REFORMATORY MOVEMENT

Alexander Maconochie - He was the superintendent of the penal colony at Norfolk Island I Australia
(1840) who introduced the “Mark System”. A system in which a prisoner is required to a earn a number
of marks based on proper deportment, labor and study in order to entitle him for a ticket for leave of
conditional release which is similar to parole.
Manuel Montesimos – the Director of Prisons in Valencia, Spain (1835) who devided the number of
prisoners into companies and appointed certain prisoners as petty officers in charge, which allowed
good behavior to prepare he convict for gradual release.
Domets of France – established an agricultural colony for delinquent boys in 1839 providing house
fathers as in charge of these boys.
Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the Borstal Institution for
young offenders. The Borstal Institution is considered as the best reform institution for young
offenders today.
Walter Crofton – He was the Director of the Irish Prison in 1854 who introduced the Irish System what
was modified from the Maconochie’s mark system.
Zebulon Brockway – The Director of Elmira Reformatory in New York (1876) who introduced
innovational programs like the following: training school type, compulsory education of prisoners,
casework methods, extensive use of parole, indeterminate sentence.
The two rival prison systems in the History of Correction:

1. Auburn Prison System - Established in 1819, and the main feature of this prison system is
the confinement of the prisoners in a single cells at night and congregate work in shops
during the day.A prison model consisting small individual cells, large work area for group
labor and enforce silence.

2. Pennsylvania Prison System – established in 1829, and this prison system requires
solitary confinement of the prisoners in their own cells day and night, where they lived,
slept, and received religious instructions and read the bible, and given a work. An early
prison system requiring inmates silence, individual cells, and inmates labor in those cells.
NEXT TOPIC IS
“PENALTY”