Community –based Correctional Practices Non-institutional Corrections-
is a method of correcting sentenced offenders
without having going to prison. - the advantages of this is that less costly on the part of the government. - The community will also be involved so that crime becomes less hard to control. Advantages of Community-based Corrections
• Family members need not be victims also for the
imprisonment of a member because the convict can still continue to support his family, not to be far away from his children. • Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in prisons who will only influence him to a life of crime. • Rehabilitation can be monitored by the community thus corrections can be made and be more effective.
• Cost of incarceration will be eliminated.
Disadvantages of Imprisonment
a. Imprisonment leads to other problem related to an
offenders stigmatization and de-socialization. b. Prisons usually alienate offenders from their family that leads to broken home, friends and acquaintances. c. Prisons leads to dehumanizing conditions d. Prison will more exposed an inmate to the influences and hold of hardened criminals making him hardened instead of reformed upon release. New Approaches in Community-based treatment
- This involve the harnessing and maximization of
community structures outside the family. - The schools which are responsible for the education of individuals. - The church responsible for the spiritual belief of individuals. - Community leaders - Non-government organization, voluntary and peoples organizations and others. - They are tapped and mobilized to contribute their resources to the treatment and reintegration of offenders and the strengthening of their families. - Philippines has its unique and indigenous way of settling disputes and treating offenders at its smallest political unit level which is known as village or barangay.
- The system is called Katarungang Pambarangay
and aimed settlement of disputes at the barangay level. - This was established since 1978 and aims to promote the speedy, more just and inexpensive administration of justice. • The challenge facing local governments now is to maximize and harness the katarungang pambarangay as one of the most valuable mechanisms available in administering justice, advancing human rights protection and resolving and/or mediating conflict at the barangay level through non-adversarial means. Executive Clemency -refers to Pardon (absolute and conditional) -Parole -Commutation of Sentence
upon the recommendation of the Board of
Pardons and Parole. The president has the power to grant -Pardons -Commutation of sentence -Reprieves -Amnesty
for all offenses EXCEPT impeachment
cases and remit fines and forfeitures after the recipient has been convicted. The Board of Pardons and Parole -in the agency in charge with the release of the sentenced prisoners based on modes specified by law. -its action and proceedings are governed by the provisions of Section 4 of Act No. 4103, otherwise known as the “Indeterminate Sentence Law”, as amended, and Executive Order No. 292, series of 1987, otherwise known as the “Administrative Code of 1987”. PARDON -is a form of executive clemency granted by the President of the Philippines as a privilege extended to a convict as a discretionary act of grace. -legislative and judiciary branch of the government has NO power to set conditions or procedures for the exercise of this presidential prerogative. -it is highly political in nature. Kind of Pardon 1.Absolute Pardon -no conditions attached -is granted upon the recommendation of the BPP to the President through the Secretary of Justice 2.Conditional Pardon -has conditions attached Conditional Pardon -refers to the exemption of an individual, within certain limits or conditions from the punishment that the law inflicts for the offense he has committed resulting in the partial extinction of his criminal liability. Amnesty -special form of pardon. -a general pardon extended to a certain class of people who are usually political offenders. -needs the agreement of Congress and the courts also take judicial notice of the act by the president. -it can be granted before and after conviction by the courts. Reprieve -another prerogative of the President. -generally, it is applied to death sentences already affirmed by the Supreme Court. -is the temporary stay of the execution of a sentence. Commutation of Sentence -the reduction of the duration of prison sentence. -does not forgive the offender but merely reduces the penalty of life imprisonment or death sentence for a term of years. -fixed or determinate sentence is reduce to a lesser indeterminate sentence. NOTE: -to avail Executive Clemency, a formal petition shall be addressed and submitted to the Board of Pardons and Parole. otherwise known as the “Indeterminate Sentence Law”, which was approved on December 5, 1933