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Institutional Corrections

by: Eva Mae Villacura, Rcrim


2. Non- Institutional
1. Institutional correction Correction/Community- Based
Rehabilitation of Correction
offenders in Jail or Prison.  Correctional activities that
takes place in the
BJMP, DSWD (Bahay Pag-
community that directly
asa), BUCOR addressed to the offender
and aimed at helping him to
become a law abiding
citizen.
 Parole-BPP
 Probation-Court
 Executive Clemencies-
PENOLOGY
It is 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.
Classical Doctrine influence
ETYMOLOGY OF PENOLOGY

The term is derived from the Latin


word “POENA” which means pain
or suffering and “POENALIS” which
means punishment.
PENAL MANAGEMENT
It refers to the manner or practice of
managing or controlling places of
confinement in jails or prisons.
CORRECTION
A branch of the Criminal Justice System concerned
with the custody, supervision, and rehabilitation of
the criminal offenders.
It is that 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 offenses for purposes of crime
prevention and control.
CORRECTIONAL
ADMINISTRATION
It is the study and practice of a
systematic management of jails or prison
and other institutions concerned with the
custody, treatment, and rehabilitation of
criminal offenders.
THE PRIMARY SCHOOL OF
PENOLOGY
1. The Classical School
-maintains the “doctrine of psychological hedonism” or
freewill”. That the individual calculates pleasures and
pains in advance of action and regulates his conduct by
the result of his calculations.

Basis of criminal liability - absolute human free will


Purpose of Punishment - retribution
THE PRIMARY SCHOOL OF
PENOLOGY
2. The Neo-classical school
-It maintained that while the classical doctrine is
correct in general, it should be modified in certain
details. Since children and lunatics cannot
calculate the differences of pleasure from pain,
they should not be regarded as criminals, hence,
they should be free from punishment.
THE PRIMARY SCHOOL OF
PENOLOGY
3. The positivist/Italian School
-the school that denied individual responsibility and
reflected non-punitive reactions to crime and criminality.
It adheres that crimes, as any other act, is a natural
phenomenon. Criminals are considered as sick
individuals who need to be treated by treatment
programs rather than punitive actions against them.

-Treats criminals as sick individuals


-Purpose of punishment - treatment/rehabilitation
HISTORICAL PERSPECTIVE ON
CORRECTIONS
• 13th Century- Securing Sanctuary
-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 time, he has compelled to
leave the realm by a road or
path assigned to him.
HISTORICAL PERSPECTIVE ON
CORRECTIONS
• Benefit of the Clergy
-In the 13th Century, a compromise
between the church and the king,
wherein any member of the clergy
brought to trial in the king’s court
shall be claimed from the
jurisdiction by the bishop or
chaplain representing him and
placed under the authority of the
ecclesiastical court.
• Gaols - (Jails)- pre-trial detention facilities
operated by English Sheriff.
• Galleys - long, low,
narrow, single decked
ships propelled by sails
usually rowed by
criminals. A type of ship
used for transportation
of criminals in the 16th
century.
• Hulks - decrepit transport,
former warships used to
house prisoners in the 18th
and 19th century. These
were abandoned warships
converted into prisons as
means of relieving
congestion of prisoners.
They were also called
“floating hells”.
• 16th Century
-Transportation of criminals
in England was authorized.
At the end of the 16th
century Russia and other
European countries
followed this system. It
partially relieved
overcrowding of prisons.
• 17th Century to late
18th Century
-Death penalty became
prevalent as a form of
punishment.
• 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 a certain person,
gradually changing the old positive
philosophy of punishment to a more
humane treatment of prisoners with
innovational programs.
-The Age of Enlightenment or Age of
Reason.
Note:
1870 - 1880 (Golden Age of Penology)
PUNISHMENT vs PENALTY
• It is the redress that the • Is the suffering that is
state takes against an inflicted by the state
offender where it signifies
suffering or curtailment for the transgression
of its freedom. of law.
PURPOSE/JUSTIFICATIONS OF
PUNISHMENT
1. Retribution (Personal Vengeance/Revenge)
-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 be enforced.
Offenders should be punished because they deserve it.

2. Expiation or Atonement
-it is 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 what would happen to them if they violate the law.
Punishment is imposed to warn potential offenders that they
cannot afford to do what the offender done.
• General deterrence
• Specific deterrence

4. Incapacitation and Protection - the public will be protected if


the offender has been held in condition where he cannot harm
others especially the public. Punishment is effected by placing
offenders in prison so that society will be ensured from further
criminal depredations of criminals.
5. Reformation or Rehabilitation - it is the establishment of
the usefulness and responsibility of the offender. Society’s
interest can be better served by helping the prisoners to
become law abiding citizen and productive upon his return to
the community by requiring him to undergo intensive program
of rehabilitation.
Goals of Punishment
1. General Deterrence - the state tries to convince
potential criminals that the punishment they face is
certain, swift, and severe so that they will be afraid to
commit an offense.

2. Specific Deterrence - convincing offenders that the


pains of punishment is greater than the benefits of
crime so they will not repeat their criminal offending.
Goals of Punishment
3. Incapacitation - it dangerous criminals are kept
behind bars, they will not be able to repeat their
illegal activities.

4. Retribution/Just Desert - punishment should be


no more or less than the offenders actions
deserve, it must be based on how blame worthy
the person is.
Goals of Punishment
5. Equity/Restitution - convicted criminals must pay
back their victims for their loss, the justice system
for the cost of processing their case and society for
any disruption they may have caused.

6.Rehabilitation - if the proper treatment is applied,


an offender will present no further threat to society.
Goals of Punishment
7. Diversion - criminals are diverted into a community
correctional program for treatment to avoid stigma of
incarceration. The convicted offender might be asked to make
payments to the crime victim or participate in community
based program that features counseling.

8. Restorative Justice - repairs injuries suffered by the victim


and community while insuring reintegration of the offender.
Turn the justice system into a healing process rather than a
distributor of justice system into a healing process rather than a
distributor of retribution and revenge.
Ancient Forms of Punishment
1.Death Penalty/Capital Punishment -affected by burning,
beheading, hanging, breaking at the wheels, pillory and other forms of
medieval executions.
• Death Convict - this refers to an inmate were death
penalty/sentence imposed by the Regional Trial Court is affirmed
by the Supreme Court.

2. Physical Torture/Corporal Punishment - it is affected by


maiming, mutilation, whipping and inhumane or barbaric forms of
inflicting pain.
• Corporal Punishment - it is the infliction of physical pain as a
form of punishment.
Ancient Forms of Punishment
3. Social Degradation - The act of putting the offender into
shame or humiliation.

4.Banishment or Exile/ostracism/outlawry - 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.
-presently known as Destierro
Early forms of Capital punishment
• Death by Musketry or Firing Squad
-firing squad refers to a group of
soldier. Usually, all members of the
group are instructed to fire
simultaneously, thus preventing both
disruption of the process by a single
member and identification of the
member who fired the lethal shot. The
prisoner is typically blindfolded or
hooded, as well as restrained.
Early forms of Capital punishment
• Gallows
-refers to a frame usually of two
upright post traverse beam from which
criminals are hanged.

• Strangulation through hanging


-Hanging is the strangulation by the use
of a rope while the body is suspended in
the air. As opposed to decapitation,
hanging was the standard non-honorable
form of death penalty.
Early forms of Capital punishment
• Garrote
-strangling condemned
persons. In one form it consist of
an iron collar attached to a post.
The victim’s neck is placed in the
collar, and the collar is slowly
tightened by a screw until
asphyxiation occurs.
Early forms of Capital Punishment
• GUILLOTINE
-designed for efficiently carrying out
execution by beheading. The device consists
of a tall, upright frame with a weighted and
angled blade suspended at the top.
-the condemned person is secured with a
pillory at the bottom of the frame, holding
the position of the neck directly below the
blade.
-the blade is then released, swiftly, and
forcefully decapitating the victim with a
single, clean pass; the head falls into a
basket or other receptacle below.
Early forms of Capital Punishment
• Beheading
-the condemned man’s neck is placed
on the wooden curved wood specially
designed for the purpose. Most often,
the doomed-man is black hooded with
both hands tie at the back before his
head is positioned at the choping block.
At a given signal, the head is axed and
the sereved head fall on the truck
provided therefore.
Early forms of Capital Punishment
• Decapitation
-derived form a Latin word
“DE” meaning FROM and
“CAPUT” meaning HEAD.
Instead of using axe, the
method employed is by the
use of a sword and the
practice is widespread in
China and Muslim States.
Early forms of Corporal punishment

• Stoning
-it is a form of execution
wherein the condemned
person is pelted with stones.
Early forms of Corporal punishment
• Flagellation/Flogging
-act of methodically beating or
whipping the human body.
-the word flagellation derived
from Latin word “flagellum” which
means whip.
-it is done by repeatedly hitting
the body, usually in the back with
the use of a whip, cane, wood,
leather, or objects hard enough to
inflict pain.
Early forms of Corporal punishment
• Mutilation
-the cutting off of an organ of
the body
-as a punishment, it is done in
accordance with the law of
retaliation or lex taliones. Lex
taliones resembles the
biblical principle of “an eye
for an eye, tooth for a tooth.
Early forms of Corporal punishment

• Iron Maiden
-an instrument of torture
consisting of a hollow
iron frame shaped like
the human body and
lined with spikes to
impale the victim.
Forms of punishment through Public
humiliation
• Branding
-human branding or stigmatizing is
the process in which a mark, usually
a symbol or ornamental pattern, is
burned into the skin of a living
person with the intention that the
resulting scar makes it permanent.
It is done by pressing a burning, hot
iron to the person’s skin or body
which would result in a wound
caused by the burning.
Forms of punishment through Public
humiliation
• Jougs, Juggs, or Joggs
-an iron collar fastened by a short
chain to a wall, often of the parish
church, or to a tree or cross. The
collar was placed round the
offender’s neck and fastened by a
padlock. Time spent in the jougs
was intended to shame an
offender publicly.
Forms of punishment through Public
humiliation
• Pillory
-is a wooden or metal device mounted
on a post with three holes to fit the
head and the wrists. The offender has
to bend down while standing up, while
his head and wrists are trapped in the
holes. He had to remain in this
position for a certain number of hours,
depending on the crime he
committed.
Forms of punishment through Public
humiliation
• Cruxification
-was used by the romans to add
public humiliation to a death
penalty of Roman soldiers would
crucify people naked, and using
different torture positions as a way
to further humiliate them. Crucified
bodies were left to decay on the
cross for weeks, and crows would
come to feed on the corpsesp; this
can be seen as post-mortem public
humiliation.
Forms of punishment through Public
humiliation
• Stocks
-is a wooden device with
holes for the wrist and legs
but not for the head. An
offender has to sit down in
order to lock his wrist and
legs.
Brief History of Capital punishment in the
Philippines.
• Electric Chair
-as a method of execution was introduced in 1926 during the
American occupation. It was used until 1976, during
occupation. It was used until 1976, during the time of former
President Ferdinand Marcos. Article 81 of the Revised Penal
Code is the provision pertaining to the death penalty.
-1987 Philippine Constitution - abolish the death penalty
except for heinous crimes, as stated under section 19, Article
III.
Republic act 7659
-an act to impose the death on certain heinous
crimes, amending for that purpose the revised
penal laws, as amended, other special penal laws,
and for other purposes.
Republic Act No. 8177
-approved March 20, 1996
-it is the law that designated lethal injection as the method for
carrying out the capital punishment in the Philippines.
-developed in 1924 by an anaesthesiologist in Nevada.
Components of chemicals used in Lethal injection are:
1. Sodium Thiopental - a sleep inducing barbiturate
2. Pancuronium Bromide - a drug capable of paralyzing the
muscles
3. Potassium Chloride - capable of stopping heartbeat within
seconds and this is commonly used in
heart by-pass operations.
Republic Act No. 9346
-the law prohibiting the impositions of the
death penalty. It was approved on June 24,
2006.
Contemporary forms of punishment
1.Imprisonment/isolation/incarceration/commitment/
incapacitation -putting the offender in prison for the purpose of
protecting the public against criminal activities and at the same
rehabilitating the prisoners by requiring them to undergo
institutional treatment programs.

2. Parole - a conditional release of a prisoners after serving


part of his/her sentence in prison for the purpose of gradually re-
introducing him/her to free life under the guidelines and
supervision of a parole officer.
Contemporary forms of punishment
3. Probation - a disposition whereby a defendant after
conviction of an offense, the penalty of which does not exceed
six years imprisonment, is released subject to the conditions
imposed by the releasing court and under the supervision of a
probation officer.
4. Fine - a pecuniary 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.

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