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CORRECTION ADMINISTRATION
I.
PENOLOGY defined:
- 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.
- The term is derived from the Latin word POENA which means pain or
suffering.
- Penology is otherwise 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.
- 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.
Penal Management:
- Refers to the manner or practice of managing or controlling places of
confinement as in jails or prisons.
CORRECTION defined:
- A branch of the Criminal Justice System concerned with the custody,
supervision and rehabilitation of 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.
- It is the study of jail/prison management and administration as well as
the rehabilitation and reformation of criminals.
- It is a generic term that includes all government agencies, facilities,
programs, procedures, personnel, and techniques concerned with the
investigation, intake, custody, confinement, supervision, or treatment of alleged
offenders.
Correction as a Process:
- Refers to the reorientation of the criminal offender to prevent him or her
from repeating his deviant or delinquent actions with out the necessity of taking
punitive actions but rather the introduction of individual measures of reformation.
Correctional Administration:
- 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.
II. 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
justice such as: the Law Enforcement Pillar (Police), the Prosecution Pillar, the
Court Pillar, the Correction Pillar, and the Community Pillar.
Correction as one of the pillars 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. This is evident in the
increasing number of inmates in jails or prisons. Hence, the need of prison
private law (Which include Criminal Law), especially has offered the most
adequate basic concepts which sharply define, in concise and inconsistent
terminology, mature rules and a complete system, logical and firm, tempered with
a high sense of equity.
(Coquia, Principles of Roman Law, 1996)
1. Babylonian and Sumerian Codes
a. 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.
2. Roman and Greek Codes
a. Justinian Code 6th C A.D. , Emperor Justinian of Rome wrote his
code of law.
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), (451-450 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 tablets and set up on
the forum.
b. Greek Code of Draco In Greece, the Code of Draco, a harsh code
that provides the same punishment for both citizens 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.
3. The Burgundian Code (500 A.D) 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.
Early Codes (Philippine Setting)
The Philippines is one of the many countries that cane under the influence
of 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 and the Kodigo Penal(The Revised
Penal Code today, 1930) was introduced by the Spaniards promulgated by the
King of Spain. Basically, these laws adopted the Roman Law principles (Coquia,
Principles of Roman Law, 1996).
Mostly tribal traditions, customs and practices influenced laws during the
Pre-Spanish Philippines. There were also laws that were written which includes:
a. The Code of Kalantiao (promulgated in 1433) the most extensive and
severe law that prescribes harsh punishment.
b
b. The Maragtas Code (by Datu Sumakwel)
c c. Sikatuna Law
Early Prisons:
Mamertine Prison the only early Roman place of confinement which is
built under the main sewer of Rome in 64 B.C
Other places of confinement in the history of confinement include
FORTRESSES, CASTLES, and TOWN GATES that were strongly built purposely
against roving bands of raiders.
The most popular workhouse was the BRIDEWELL WORKHOUSE (1557)
in London which was built for the employment and housing of English prisoners.
Wulnut Street Jail originally constructed as a detention jail in
Philadelphia. It was converted into a state prison and became the first American
Penitentiary.
Early prisons in the Philippines:
During the Pre-Spanish period, prison system in the Philippines was tribal
in nature. Village chieftains administered it. It was historically traced from the
early written laws.
In 1847, the first Bilibid Prison was constructed and became the central
place of confienment for Filipino Prisoners by virtue of the Royal decree of the
Spanish crown.
In 1936, the City of Manila exchanges its Muntinlupa property with the
Bureau of Prisons originally intended as a site for boys training school. Today,
the old Bilibid Prison is now being used as the Manila City Jail, famous as the
May Halique Estate.
IV. THE EMERGENCE OF SECULAR LAW
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 Aquinas.
Three Laws were distinguished:
1. External Law (Lex Externa)
2. Natural Law (Lex Naturalis)
3. Human Law (Lex Humana)
All these laws are intended for the common good, but the Human law only
become valid if it does not conflict with the other two laws.
V. PUNISHMENT
Punishment:
- It is the redress that the state takes against an offending member of
society that usually involve pain and suffering.
- It is also the penalty imposed on an offender for a crime or wrongdoing.
Ancient Forms of Punishment:
1. Death Penalty affected by burning, beheading, hanging, breaking at
the wheels, pillory and other forms of medieval executions.
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APPOINTING AUTHORITY
Secretary of DILG
same
same
same
Under Secretary
same
same
Chief of the BJMP
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3. CONDITIONAL PARDON
Conditional pardon serves the purpose of releasing, through executive
clemency, a prisoner who is already reformed or rehabilitated but who can not be
paroled because the parole law does not apply to him.
Distinction of Parole from Probation
Parole:
Probation:
1. It is a judicial function
2. Granted to an offender
Immediately after conviction in
3. It is a substitute for
imprisonment.
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3. Pardon granted by the offended party should be given before the prosecution
of the criminal action, whereas pardon by the Chief Executive may be extended
to any of the offenders after conviction.
Distinction between Amnesty and Pardon
Pardon includes any crime and is exercised individually by the President. It is
exercised when the person is already convicted. It looks forward and forgives the
offender from the consequences of an offense of which he has been convicted,
that is it abolishes or forgives the punishment.
Amnesty a general pardon extended to a class of persons or community who
may be guilty of political offenses. It may be exercised even before trial or
investigation. It looks backward and puts into oblivion the crime that has been
committed. It is proclamated by the President with the concurrence of congress.
INSTITUTIONAL CUSTODY, SECURITY AND CONTROL
I. Diversification: Concept and Importance
Diversification is an administrative device of correctional institutions of
providing varied and flexible types of physical plants for the more effective
custody, security and control of the treatment programs of its diversified
population.
II. The Classification Process
Classification is a method by which diagnosis, treatment planning and
execution of the treatment programs are coordinated in the individual case study.
It is a process of determining the needs and requirement of prisoners for
assigning them to programs according to their needs and existing resources.
III. PRISON Security, Custody and Control
Security It involves safety measures to maintain the orderliness and discipline
with in the jail or prison.
Prison Discipline is the state of good order and behavior. It includes
maintenance of good standards of works, sanitation, safety, education, health
and recreation. It aims at self-reliance, self control, self respect and self
discipline.
Preventive Discipline is the prompt correction of minor deviations
committed by prisoners before they become serious violations.
Control It involves supervision of prisoners to ensure punctual and orderly
movement from one place work program or assignment to another.
Custody is the guarding or penal safekeeping, it involves security measures to
insure security and control with in the prison. The Prison Custodial Division
carries it out.
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This felony is qualified when the evasion takes place by breaking doors,
windows, gates, roofs or floors; using picklocks, false keys, disguise, deceit,
violence, intimidation or; connivance with other convicts or employees of the
penal institution. (Jail breaking is synonymous with evasion of sentence).
2. Evasion of Service of Sentence on the Occasion of Disorders due
to Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC)
Elements:
a) Offender is a prisoner serving sentence and is confined in
a penal institution.
b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to
conflagration, earthquake, explosion, or similar catastrophe or mutiny in which he
has not participated, and
d) He fails to give himself up to the authorities with in 48
hours following the issuance of a proclamation by the Chief Executive regarding
the passing away of the calamity.
A special time allowance for loyalty shall be granted. A deduction of onefifth of the period of the sentence of any prisoner who evaded the service of
sentence under the circumstances mentioned above. The purpose of the law in
granting a deduction of one-fifth (1/5) of the period of sentence is to reward the
convicts manifest intent of paying his debts to society by returning to prison after
the passing away of the calamity.
Whenever lawfully justified, the Director of Prisons (Bureau of Corrections)
shall grant allowance for good conduct and such allowances once granted shall
not be revoked.
3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)
The violation of any conditions imposed to a Conditional Pardon is a case
of evasion of service of sentence.
The effect of this is, the convict may suffer the unexpired portion of his
original sentence
Infidelity of Public Officers
1. Infidelity in the Custody of Prisoners Through Connivance
(Art.223, RPC)
A felony committed by any public officer who shall consent to the
escape of a prisoner in his custody or charge.
2. Infidelity in the Custody of Prisoners through Negligence
(Art. 224, RPC)
A felony committed by a public officer when the prisoner
under his custody or charge escaped through negligence on his part.
3. Escape of a Prisoner under the Custody of a Person not a Public
Officer. (Art 225, RPC)
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