Professional Documents
Culture Documents
UNIT I
INSTITUTIONAL CORRECTIONS
AND ITS BACKGROUND
Learning Outcomes:
At the end of this lesson, you are expected to:
explain the objectives of institutional
correction;
describe the difference between arbitrary and
illegal detention;
discuss the classification of inmates; and
elaborate the two approaches of correction.
Introduction:
The fourth pillar of the Philippine Criminal
Justice System is Correction, which is
responsible for taking custody, reforming,
and rehabilitating offenders through
institutional or non-institutional corrections.
Corrections serves the following purposes:
protecting society from dangerous criminals,
reforming and rehabilitating offenders,
deterring crime, and maintaining
institutions.
Activate Prior Knowledge:
Distinguish Institutional Correction
and Non-Institutional Correction.
Lesson 1
Historical Perspective on the Development
of Corrections
Early Codes
Babylonian and Sumerian Codes
King Hammurabi's Code (Hammurabic
Code)– Babylon is credited with having the
oldest code of cruel punishment. Sumerian
codes, on the other hand, were nearly a
century older.
Justinian Code – Emperor Justinian of Rome
drafted his code of law in the sixth century AD.
An attempt to assign a desired level of
punishment to all potential offences. However,
due to the fall of the Roman Empire, the law did
not survive, but it did leave a foundation for
Western legal codes. The Twelve Tables (451-
450 BC) were the oldest Roman legal
codifications incorporated into the Justinian
code.
Greek Code of Draco – Greece, a harsh code that
provides the same punishment for both citizens
and the slaves as it incorporates primitive
concepts. The Greeks were the first to allow any
citizen to prosecute the offender in the name of
the injured party.
The Burgundian Code (500 AD) – It specified
punishment for violators based on their social
class, classifying them into Nobles, Middle Class,
and Lower Class, and specifying the value of each
person's life based on social rank.
Early Prisons
Mamertine Prison – In 640-616 B.C., the sole early
Roman place of confinement was created beneath
Rome's main sewer.
Bridewell (1556) – the most popular workhouse in
London which was built for the employment and housing
of English prisoners, used for locking up vagrants,
beggars, prostitutes and other misfits.
Walnut Street Jail – In Philadelphia, it was built as a
detention center. It was converted into the first American
Penitentiary after being converted into a state prison.
Hospicio de San Michelle –the first home for delinquent
boys ever established. Built by Pope Clement XI in
Rome for housing incorrigible youths under 20 years of
age.
Devils Island – From 1852 to 1859, a French penal
colony was established where prisoners were
deported.
13th Century – Securing Sanctuary - A criminal
may evade punishment in the 13th century by
seeking refuge at a church for 40 days.
16th Century – It was decided that convicts could
be transported to England. This system was
followed by Russia and other European countries
at the turn of the century. In 1835, this practice was
discontinued.
Punishment as it was originally conceived
Personal vengeance -is referred to as
retribution.
Expiation - collective revenge as "atonement"
Deterrence — act as a deterrent to future
violators.
Protection - for the sake of society's safety.
Reformation- is the process of changing one's
behavior in order to assist them reintegrate back
into society.
Theories to Support Penalties
Prevention — the state punishes criminals in order
to contain/prevent a threat to the state and the
public.
• Self-defense – to defend society from the
criminal's threat and wrongdoing
• Reformation — the state's responsibility to care
for and reform criminals.
• Exemplary punishment – the criminal is punished
in order to set a good example for others.
• Justice – based on the idea that the state must
punish criminals.
The Legal Status of the Penalty
Privileges of Inmate
• Participate in or attend any entertainment or sporting activity on
the prison reservation;
• Visit the library to read books and other reading materials;
· Smoke cigars and cigarettes only in designated areas;
• Take part in civic, religious, and other activities that the prison
authorities have approved;
• Accepting presents and prepared meals from visitors, which must
be inspected.
Compensation Credits
Inmate compensation — after six months of being assigned
to labor in prison on a permanent basis, an inmate may be
eligible for compensation credits at the Director's discretion.
Compensation earned, how it's used - an inmate's entire or
partial inmate compensation credit may be forfeited and used
to pay for supplies and equipment lost or damaged as a result
of the inmate's misconduct or neglect. The convict may use 12
percent of his earnings to acquire part of his requirements; the
remaining will be withheld and paid to him only upon release.
Withdrawal of earnings - An inmate may withdraw up to 12
percent of his total earnings from his pay at any time.
However, in the event of an emergency, and at the
Superintendent's discretion, the entire amount of his earnings
may be withheld.
Allowance for Good Conduct and
Loyalty
GCTA RPC RA 10592
11 years
15 days each month 30 days each month
onwards
In computing GCTA credits, calendar months and years are
used as a reference to the sentence and time served,
whereas 30 days are used to compute GCTA credits.
Detainee GCTA - A detainee is only eligible for GCTA if he
willingly offers in writing to complete any labor that may be
given to him. In this situation, any credit he may obtain will
be removed from any sentence he may receive if convicted.
GCTA for a life sentenced inmate - A life sentenced offender
will not be granted GCTA while his sentence is being
appealed.
GCTA revocation - Once issued, a GCTA cannot be revoked
without good reason.
Restoration of GCTA - If an inmate's GCTA has been revoked
owing to his misconduct, the Director may restore it at his
discretion, based on the Superintendent's suggestion.
Special Time Allowance for Loyalty – An inmate who,
after evading sentence as a result of a conflagration,
earthquake, explosion, or other similar catastrophe,
or during a mutiny in which he was not a participant,
gives himself up voluntarily to the authorities within
48 hours of the issuance of a proclamation
announcing the passing away of such calamity, gives
himself up voluntarily to the authorities. Note: If a
prisoner chooses to stay despite the disaster, he or
she will receive a 2/5 deduction. R.A 10592)
Riot Disturbance Group in Prison
1st Group — this is the first wave of anti–riot
assault troops, who will be armed with wicker
shields, protective helmets, gas masks, and, if
available, night sticks or batons. This group's goals
are to disperse the rioters and apprehend their
commanders.
The 2nd Group will be the 1st Group's backup
force, equipped with tear gas rifles and gas
grenades.
The third group is made up of guards who have
been trained to handle and use firearms.
Punishment
Punishment, according to some, is the imposition of an
undesirable or unpleasant outcome on a group or
individual by an authority—in contexts ranging from
child discipline to criminal law—as a response and
deterrent to an undesirable or unacceptable conduct or
behavior.
The execution of the death convict shall be witnessed
by the priest or minister assisting the offender, his
lawyers of record (no more than two), his relative (no
more than four), the prison physician and necessary
prison personnel, and such other persons as the Director
may authorize, which may include the following:
Chief Justice of the Supreme Court or his representative
DOJ Sec.
Superintendent
Chairman of the House and Senate Committee on Crime or
their representative
Chief of NBP Hospital
Undersecretary of Justice in charge of Corrections
Chairman, CHR
Police Chief of the locality where the crime was committed
10 media witnesses
A person under the age of 18 is not permitted to witness an
execution. The identity of the relative who was to deliver the
lethal injection and the person who was to administer it must
be kept secret.
Important Numbers to Remember
Detainees above the age of 60 may be exempt from required
labor;
At least four times a day, count on the inmate;
An inmate will be advised to claim his mail, and if he does not do
so within 24 hours, the letter will be handed to him;
An infant born while his mother is incarcerated may be allowed
to stay with his mother for up to a year;Mail letter of death
convict should be documented 30 days prior to the execution
date;
Request for inmate interview must be submitted three days
before to the proposed interview. (The interviewer must sign a
waiver of liability.) Television, radio, and other media interviews
with death row inmates are prohibited.
Those colonists/prisoners who opt to remain in prison are given
6 hectares of land.
Guard to inmate distance — the guard must
maintain a distance of 10 paces from his charge.
Death Watch - In the holding cell, four guards
must maintain a watchful eye on a death inmate.
The said guards are required to keep a complete
diary of their watch.
Every 90 days, you are allowed to make one
phone call that lasts no longer than 5 minutes.
• A third of the guards will be assigned to reserved
duty for an 8-hour period prior to visiting duty.
• During escort responsibilities, at least two
guards are required for each convict.