Cor Ad Module 1
Cor Ad Module 1
LESSON 1:
Objectives:
At the end of this lesson, the student should be able to:
1. Distinguish correction from penology
2. Distinguish correctional administration from penal management
3. Identify theories and approaches of penology
4. Elaborate the significance of community-based correction
The term correction could mean two separate meanings. First, it is the institution
that provides community’s official reaction to a convicted offender, such institution is a
branch of the administration of criminal justice, charge with the responsibility for
custody, supervision and rehabilitation of the convicted offender. Second, it is a study
of methods that have been and are employed for the punishment and deterrence of
such behavior and a study of efforts to accompany the punishment with measures that
are intended to change or correct offenders. Both definitions comes from the principle
of punishment and the management of prisons, reformatories and other confinement
units. The birth of penology is also considered the birth of a humane approach in the
administration of justice.
Corrections stand as the fourth pillar of the components of our Criminal Justice
System. Some people viewed it as the weakest pillar among the pillars of criminal
justice. This is due to an assumption that correctional institutions cannot rehabilitate
offenders, which is manifested through the increase of criminalities and recidivism. But,
the fact is nobody wants nor loves to be imprisoned, nobody wants their freedom be
curtailed. If one commits a crime we scientifically explain it why he commits a crime,
and not allege that it is due to some failure or our criminal justice system, that pushes
the individual to commit crime.
Theories of Penology
1. Absolute Theories – these theory concerns with the legalistic approach on penal ap-
plications as a ground of calling justice. The imposition of punishment is a retributive
nature of justice reformation, deterrence, crime prevention, self-defense and con-
trol. It adopts the principle of “nullum crimen, nulla sine poena lege” there is no
crime if there is no law punishing it.
2. Relative Theories – these theory concerns that punishment is a utility and usefulness
of the society.
Classifications:
Approaches in Corrections
1. All efforts consistent with the safety of others should be made to reduce in-
volvements of the individual offender with the institutional aspects of correc-
tions.
2. Need for extensive involvement with the multiple aspects of the community,
beginning with the offender and his world and extending to the larger social
system.
3. Community- based corrections demands radically new rules for inmates’ staff,
and citizens.
Lesson 2: Objectives:
At the end of this lesson, the student should be able to:
1. Categorize the concept of penalty
2. Distinguish punishment from penalty
3. Distinguish Social Justification of Punishment and Legal Condition of Punishment
Penalty in its general sense signifies pain; in the juridical sphere, it means
suffering undergone, because of the action of society, to one who commits a crime.
The very purpose or reason why society has to punish a criminal is to secure justice.
The society or state has to protect its existence, assert what is right for the people
based on moral principles, which must be vindicated. The giving of punishment, which
is exercised by society, is the fulfillment of service and satisfaction of a duty to the
people it protects.
Purpose of Penalty
Goals of Sentencing:
a. Punish often isolates the criminal, leaves in him a stigma and develops in
His person a strong presentment of authority;
b. It develops caution on the part of criminal; committing crimes during nighttime;
resorting to the use of indigenous methods, or may even undergo physical trans-
figuration to avoid punishment.
c. It generally stops constructive efforts, lack of respect for the law, lack or patrio-
tism, and loss of self-respect ;
d. Public attitude by idolizing the criminal, this giving an offender higher.
Punishment Penalty
Is the redress that the state takes Is the suffering inflicted by the State
against an offending member. for the transgression of law.
Nature of Punishment
Nicomedian Ethics:
This is a title of a book that was written by Aristotle (in Athens) in his 1 st
attempt to explain crime.
This is about the corrective justice stating “Punishment is a means of
restoring the balance between pleasure and pain”.
Also forwarded the concept of restitution when he wrote “punishment is
a means whereby the loss suffered by the victim is compen-
sated”.
1) The Classical School of Thought – (Beccaria) “Let the punishment fits the
crime”. The philosophy of hedonism and freewill, this is to make a rational
choice between what will cause pain and what will result in pleasure.
3) The Positive School of Thought – (Lombroso) “Let the treatment fits the
criminal”. People cannot always be held accountable for their behavior be-
cause of the factors beyond their control. This is known as “Determinism”,
man’s freewill can be influenced and dictated by physical, psychological
and environmental conditions. Therefore, criminals should not be pun-
ished but rather be treated because he is having illness which leads him to
do wrong.
Lesson 3: Objectives:
At the end of this lesson, the student should be able to:
1. Trace the early beginnings of correction
2. Identify the early forms of punishment
3. Classify penalties according to constitutional restrictions
(People believe that when a person commits a crime he was possessed by demon. The
system of correction is focused on casting out demons inside the person’s body.)
Pungent Potion – drink potion to drive away evil spirit that leads him to commit a
crime.
Grotesques Mask – they wear masks and dance around the person who commits
a crime to drive out evil spirit in his body.
Trephination Method – a piece of stone or wood which has very sharp edge that
will use to make a hole at the person’s forehead.
Banishment – a person will be rejected in the community, if he refuse to do so,
he will be killed.
During the early development of civilization, people believe that when a person commits
a crime he is being possessed by demon. The system of their correction is focused to
cast out the demon inside the person’s body. Which was the very cause why he
committed crime. The following methods were used:
1. Pungent Poison – when an individual commits a crime they let the person
drink a pungent poison to drive away the evil spirit inside his body which
leads him in the commission of crime.
2. Grotesques Mask – they wear a grotesque mask and they dance around the
person who commits a crime in order to drive out the spirit in his body.
3. Trephination Method – a piece of stone or wood which has very sharp edge
will be used to make a hole at the forehead of the person who violates the
law and they will pray or cast out the evil spirit to get out of his body.
4. Banishment – when a person commits a crime he will be rejected by the com-
munity for him not to influence others to commit crime, if he refuses in his
community he will be killed.
Flogging – it is the whipping of a stick, rope, or leather to a person who violates the
law.
The famous whip, was the Russian knot made out of leather thongs tipped with
fishhook like wires. A few strides with the knot produced serious lacerations and often
resulted in much blood loss. Another type of whip is the cat-o-nine tails, which is made
of nine strands of leather or rope.
Flogging was widely used in England during the Middle-Ages, were offenders are
beaten as they run through the streets with their hands tied behind their back.
Mutilation – it is the cutting of some parts of the offender’s body. Throughout history
various societies have tongues ripped out, and pickpockets have suffered broken
fingers.
Extensive mutilation, which included blinding, cutting off the ears, and ripping out the
tongue, was instituted in eleventh-century in Britain and imposed upon hunters who
poached on Royal Lands.
Today, Iran and Saudi Arabia still use the mutilation type of penalty which incapacitates
offenders and giving to society a walking example of the consequences of crime.
Branding – was used as a lesser form of mutilation, the Romans, Greeks, French,
British, and may other societies have all used branding. In 1829 the British parliament
officially eliminated branding as a punishment of a crime. Offenders who are branded
have an identifying marks on the hand if he repeat its violation the marking is placed at
the forehead.
Public Humiliation – it gives an opportunity of the members of the community to take
its vengeance. Offenders are sent to the stock or pillory found themselves captive and
on public display. They will be heckled and split upon by passers-by. Other citizens
might be gather to throw tomatoes or rotten eggs. On occasions, citizen who were
particularly outraged by the magistrate or nature of the offense would substitute rock to
end the offender’s life.
In 1776, the American Revolution forced the practice to end. The British penology
shifted to the use of aging ships, called hulks, as temporary prisons. Hulks were
anchored in harbors through England and serves as floating confinement facilities.
In 1787, after Captain Cook had discovered the continent, Australia became the new
port of call for English prisoners.
Work houses – during the sixteenth century, Europe was faced with an economic
upheaval product of their industrial revolution. Thousands were unemployed and
vagrants where in towns and villages seeking food and shelter. Because their homes
and pieces of land were sold for the industrialization of Europe. Churches that time was
the primary social relief of the people’s situation.
The government of Europe believed that poverty was the caused of laziness. They
created workhouses designed to instill the habits “Saint Bridget’s Well”. The name in
Europe opened in 1557 in a former British Brides well became synonym for workhouses.
Brides well taught word habit to the inmates and not punish the convict instead, it was
replaced by hard work.
The Philippine Constitution directs that excessive fines shall not be imposed, nor cruel
and unusual penalties when it is so disproportionate to the offense committed as to
shock the moral sense of all reasonable when as to what is right and proper under the
circumstances.
Classification of Penalties
4. Light Penalties
a. Arresto Menor – 1 day to 30 days of imprisonment
b. Public Censure
The death penalty – was restored through R.A. 7659 which took effect on
December 3, 1993 for certain heinous crime. Such as Treason, piracy, Qualified
Piracy, Qualified Bribery, Parricide, Murder, Infanticide, Kidnapping and Serious
Detention, Robbery with Homicide, Destructive Arson with Homicide, Plunder
Dangerous Drugs and Carnapping.
The death sentence shall be carried out not earlier than one (1) year nor later
than 18 months after the judgments becomes final and executory. Provided, that
the Supreme Court who does the review of the case in which death penalty was
imposed have reach a vote of eight (8) Justices as provided under Republic Act
No. 296. Otherwise death penalty shall not be imposed. The convicted felon will
be given a penalty of reclusion perpetua.
In all cases where the death sentence has become final, the records of the cases
shall be forwarded the office of the President for possible exercise of the
pardoning power.
Death Penalty shall not be imposed if:
1. Pregnant woman;
2. Within one (1) year after delivery of a pregnant woman;
3. Person over 70 years of age.
Lesson 4:
Objectives:
At the end of this lesson, the student should be able to:
1. Categorize the development of prisons
2. Distinguish Auburn prison system from Pennsylvania prison system
3. Elaborate the world history, philosophy and objectives of prisons
Developments of Prisons
Penitentiary Concept
The term penitentiary came from the Latin word “Paennitentia”, meaning penitence and
was coined by an English prisoner reformer, John Howard, it referred to a place were
crime and sin may be stoned for a penitence produced. Massive edifies of concrete and
steel, the original penitentiaries were designed to facilitate solitary contemplation of
one’s misdeeds. It was felt that introspection in solitude was conductive to personal
reform. It was also believed that if prisoners were allowed to associate, they would
criminally contaminate one another. At present, the terms prison and penitentiary are
used synonymously.
Code of Hammurabi
1750 BC to 1900 BC (Babylon)
Found in Manama Dharma of India, and Hermes Trismegitus of Egypt
The principle of LEX TALIONES (an eye for an eye and a tooth for a tooth)
Two (2) tired concept (not everybody is equal in imposition of punish-
ment)
Stiffer punishment in offenders from upper classes
Uncivilized due to naked revenge than modern concept of rehabilitation
and treatment.
Mosaic Code
Also retribution
But allows restitution (settlement)
Allowed flogging or burning alive
Furca
Ancient Greece around 400 BC
V-shape yolk, worn around the neck
Outstretched arms of the convict were tied
In Ancient Greece
Testimony of the slaves can only be accepted if it was acquired through
torture
Reason of imprisonment is to detain those who are undergoing trial
If convicts refuse to be punish or to pay fines will be imprisoned in Ro-
mans Style
Their justice is not vengeful/ retributive and must reform the offender also
to deter others to commit crime (humane method only for Greek citizens
or prominent inhabitants “privileged class of Greek society have rights”)
Most brutal find of punishment will only be inflicted to aliens and slaves
(those who belongs to exploited classes)
Citizens will be fined for a crime. If committed by slaves or aliens will
likely be flogged.
Underground Cistern
Detainees are those who are undergoing trial
Sentenced offenders will be hold and be starved to death
Justinian Code
In middle ages around 529 AD (Roman Emperor Justin)
This became the Standard Law in Roman Empire particularly in Europe
A revision of the “12 Tables of Roman Law”
Paterfamilias:
A concept wherein the head of the family has virtually limitless power to
punish erring family members and slaves.
Centuriate Assembly:
By 509 B.C. a law was passed prohibiting flogging or execution except if
this assembly will affirmed.
Stocks:
A kind of device that was fastened at the ankle, neck and wrist of offender
for a long period of time.
Stoning to Death:
This is practiced in the time of Jesus that is still existed today in Islamic
countries like Afghanistan and Pakistan.
Burning Alive:
Existed in Ancient Greece which was also practiced by the Romans.
Roman Catholic Church also resorts to this punishment during the time of
the inquisition for unbelievers, witches and heretics.
Destierro:
This was Banishment before that was also practiced by the Spaniards and
was incorporated in Codigo Penal in the Philippines. (Not less than 25 km
radius not more than 250 km radius. Remember: if you go beyond 25 km
there will be a crime of evasion of service of sentence, but if you go be-
yond 250 km there is no crime for the main purpose of destierro is protec-
tion)
Ecclesiastical Court:
A court that conducts trials to priests offenders and all those connected
with the church.
More compassionate
Later granted to anyone who was literate
Papal Bull:
By Pope Innocent VIII, in 1487
This allowed refugee offenders to be driven out of the sanctuary if they
used this for committing a crime.
The Inquisition:
Another Ecclesiastical court that has gained historical notoriety throughout
the Ages for his viciousness.
Responsible for detection and punishment of unbelievers and heresy
Officially begin with declaration of the Lateran Council, 1215 which al-
lowed “Torture”.
Throughout this Dark Age Church can punish anyone, many become vic-
tims of trumped up charges that they were witches or advancing scientific
studies.
Galileo Galilee:
Almost burn at the Stake, if only for his popularity.
Because of his discovery that the earth was not flat.
Pope Leo 1:
The 1st Pope that fully express approval for killing human.
Sanctioned death as punishment
Heresy was the crime that was strictly for death penalty.
Priscillian:
The 1st recorded Christian who was put to death for being a heretic.
Encyclical “TertioMillenioAdvenicute”:
By Pope John Paul II, a pro-life pope who reversed culture of death.
Formally apologized past intolerance and use of violence in the defense of
truth.
Evangelium Vitae:
By Pope John Paul II, he calls to reject death penalty, abortion, use of
contraceptives and euthanasia.
This challenges to break away from the “culture of death” especially treat-
ment of killings.
Galleys:
From the middle of 14th century to the beginning of 19th century.
they were slaves chained to oar the ship
practiced in Ancient Rome and Greece
The Brank:
This is a metal frame that was put in the head like a hat and a painful
mouthpiece was inserted in the mouth.
Mercantilism – Capitalism
Feudalism – Landlords
Guillotine:
Introduction of a cleaner and swifter method of executing convicts.
Penitentiary Act:
An act passed in the year 1779, mandated the establishment of a prison
system based on solitary confinement, hard, labour, and religious instruc-
tion.
Norfolk Prison:
At Wymondham, England was opened after five years of P.A. of 1779.
National Penitentiary:
Of Millbank followed to open in 1821.
Pentonville National Penitentiary in 1842.
Australia:
The biggest penal colony of the world before it become a country. Prison-
ers in England were transported in this place in 1790-1875 to avoid de-
congestion.
State of Massachusetts:
Reform school for boys at Westborough in 1847
First Public Institution for Juvenile Delinquent
New Orleans:
Municipal Boys Reformatory in 1845
Philippines Written Codes
Code of Kalantiao (1433) -first written law in the Philippines that provides the
most extensive and severe law that prescribes harsh punishment.
Sikatuna Law
Lesson 5:
Objectives:
At the end of this lesson, the student should be able to:
1. Recognize the importance of reformatory movement
2. Identify important personalities in correction
3. Elaborate the contribution of the golden age of penology
He also introduced other progressive measures such as fair disciplinary trials, buildings
of churches, distributing books and permitting prisoners to tend small gardens.
D. Sir Walter Crofton – He was the director of the Irish prisons in 1856, who intro-
duced the Irish system which was later on cared the progressive stage system.
The Irish system was gradually a modification of Manoche’s work system, and
consisted of four (4) stages:
The Elmira Reformatory is considered as the fore runner of modern penology because it
had all the elements of a modern correctional system, among which were: A training
school type, that is compulsory education: casework method; and intensive use of
parole based on the indeterminate sentence.
F. Sir Evelyn Ruggles Brise – was the director of English Prisons who open the
Borstal institution after visiting the Elmira Reformatory in 1897, such Borstal in-
stitutions.
Today are considered as the best reform institutions for young offenders. This
system was based entirely on individualize treatment.
Rutherford B. Hayes
Former president of the United States, was elected as the first president
of the National Prison Association.
PNA Principles:
Reformation not the vindictive infliction of suffering should be the purpose
of penal treatment.
Prisoners should be classified on the basis of a mark system.
Rewards should be provided for good conduct.
Prisoners should be made to realize that their future rest in their own
hands.
Indeterminate sentences should be substitute fixed sentences and dispari-
ties in sentences removed.
Religion and education are the most important agencies of reformation.
Discipline should be administered so that it gains the cooperation of the
inmate and maintains his self-respect.
The goal of the prison should be to make industrious free citizens, not or-
derly and obedient prisoners.
Industrial training should be fully provided.
Prisons should be small; separate institutions should be provided for dif-
ferent types of offenders.
The social training of prisoners should be facilitated; silence rules should
be abolished.
Society at large must realize that they are responsible for the conditions
that bleed crimes.
Gaylord B. Hubbell
Warden of Sing Sing Prison in New York;
Visited and studied the prisons in England;
Recommended indeterminate sentences be used in American prisons;
Reformatory based upon the concept of an earned early release if the in-
mate reformed himself.
The period from 1870 to 1880 was called the “Golden Age of Penology” because of
the following significant events:
In 1872, the first International Prison Congress was held in London. Repre-
sentative of the government of the United States and European countries at-
tended it. As a result of this congress, the International Penal and Peniten-
tiary Commission, an inter-governmental organization was established in 1875
with headquarters at The Hague. The IPPC held international congresses every
five years. In 1950, the IPPC was dissolved in its functions were transferred to
the Social Defense Section of the United Nations.
The first separate institutions for women were established in Indiana, Massa-
chusetts.
2. Piece-price system – materials and the products are produced by the prisons
and bought by the private businesses.
3. Lease system – prison institutions acting like labor firm or labor agency to
private businesses that need manpower.
4. Public Account system – goods and products are owned and manage by the
prison and sold it to the market.
Treatment era came after the World War II in 1940’s, this is based on a medical
model of corrections. This concept combined the correction, reformation and
behavioral treatment or psychiatric approach. Inmates are treated as “clients” or
patients” than offenders.
The “Right Guys”. The right guys exert tremendous power and influence
over other inmates in enforcing strict observance of the “Prisoners’ Code”.
The Larceny Boys. The larceny boys make a special business of stealing
the personal belongings of unsuspecting prisoners and selling the loot to
still other inmates.
The Mean Dude. Some inmates adjust to prison by being mean. They
are quick to fight, and when they fight, they fight like wild mean (or
women). They give no quarter and seem to expect none in return. Other
inmates know that such prisoners are best left alone. The mean dude re-
ceives frequent write-ups and spends much time in solitary confinement.
The Hedonist. Some inmates build their lives around the limited plea-
sures which can be had within the confines of prison. The smuggling of
contraband, homosexuality, gambling, drug running, and other officially
condemned activities provide the center of interest for prison hedonists.
Hedonists generally have an abbreviated view of the future, living only for
“now”.
The Legalist. The Legalist is the “jail house lawyer”. Just like the mean
dude, the legalist fights confinement. The weapons in this fight are not
fists or clubs, however, but the legal “writ”. Convicts facing long sen-
tences, with little possibilities for early released through the correctional
system, are most likely to turn to the courts in their battle against confine-
ment.
The Colonist. Some inmates think of prison as their home. They “know
the ropes,” have many “friends” inside, and may feel more comfortable in-
stitutionalized than on the streets.
The Religious. Some prisoners profess a strong religious faith. They may
be “born again” Christians, committed Muslims, or even Hare Krishnas.
Religious inmates frequently attend services, may form prayer groups, and
sometimes ask the prison administration to allocate meeting facilities or
create special diets to accommodate their claimed spiritual needs.
The Dictator. Some officers go by the book; others go beyond it, using
prison rules to enforce their own brand of discipline. The guard who de-
mands signs of inmate’s subservience, from constant use of the word “sir”
or “ma’am” to frequent free shoeshine, is one type of dictator. Another
goes beyond legality, beating or “making” inmates even for minor infrac-
tions or perceived insults. Dictator guards are bullies. They find their
counterpart in the “mean dude” inmate.
The Friend. Friendly officers try to fraternize with inmates. They ap-
proach the issue of control by trying to be “one of the guys”. They seem
to believe that they can win inmate cooperation by being nice. Unfortu-
nately, , such guards do not recognize that fraternization quickly leads to
unending requests for special favors from delivering mail to being “minor”
prison rules.
The Indifferent. The indifferent type of officer cares little for what goes
on in the prison setting. Officers who fit this category may be close to re-
tirement, or they may be alienated from their jobs for various reasons.
Low pay, the view that inmates are basically “worthless” and incapable of
changing, and the monotonous ethic of “doing time” all combine to numb
the professional consciousness of even young officers.
The Climber. The climber is apt to be a young officer with an eye for
promotion. Nothing seems impossible to the climber, who probably hopes
eventually to be warden or program director or to hold some high-status
position within the institutional hierarchy.
The Reformer. The reformer is the “do-gooder” among officers, the per-
son who believes that prison should offer opportunities for personal
change. The reformer tends to lend a sympathetic ear to the personal
needs of inmates and is apt to offer “arm-chair” counseling and sugges-
tions.
The Square – Square inmates had few early experiences with criminal
lifestyles and tended to sympathize with prison values and attitudes of
conventional society.
The Cool – Cool prisoners were more likely to be career offenders. They
tended to keep themselves and were generally supportive of inmate val-
ues.
The Life – Life group members were full participants in the economic, so-
cial, and familial arrangements of the prison. The life offered an alterna-
tive lifestyle to women who had experienced early and constant rejection
by conventional society.
The Bureau’s work program for inmates has the purpose of keeping inmates
busy and compensating them for their labor in order that they can be have money for
their personal expenses in prison and families. These work programs are funded from
three (3) sources, namely: (1) from appropriated funds for inmates utilized as janitors,
orderlies and other administrative odd jobs; (2) from the Prison Agro-Industries trust
funds for inmates utilized as farm workers; and (3) from joint ventures such as TADECO
as banana plantation workers, Prison Inmate Labor Contract Office and Sam sung for
handicraft contracts. Inmate workers hired by private companies earn higher wages as
shown.
As a major program in inmate rehabilitation, the Bureau through its seven (7)
prisons undertakes, there are two types of education and training. The first is the non-
formal education offered by all penal institution; (1) Adult Literacy (2) applied Training
and (3) Orientation. The second is the formal education offered only at the New Bilibid
Prison, which covers College (BS Commerce), High School, Elementary and Vocational
Courses.
The religious which includes worship and formation, ministerial rites, para-
lethargical and counseling is headed by a religious Guidance Adviser. Various religious
volunteers representing Christian denominations and Muslim groups attend the spiritual
need of the inmates. The influence of religion in prison life is strong positive factor in
the restoration of their faith, dignity and manhood.
Counseling Defined. A relationship in which one endeavors to help another solve his
problems of adjustments. This implies mutual consent between the counselor and the
client.
Inmate Health Care
The prison Medical Service of the Bureau of Corrections provides health care to
about 18,000 inmates. The Bureau’s biggest hospital has a five hundred (500)
employees. Each of the six (6) other penal institutions has its own hospital/infirmary
with one (1) to three (3) medical officers.
Visitation Services
Inmates are allowed under supervision to be visited by the families and duly
registered friends from Sunday to Thursday from 9:00 a.m. to 3:00 p.m. daily.
Overnight conjugal visits are made only during special holidays like Christmas, New
Year, valentines and Independence Day.
Parole Examination
Prison Agro-Industries
Prison agro-industries, which are the source of inmates livelihood programs, are
turned into joint ventures with private companies and non-governmental agencies to
improve production output and to provide adequate work programs for the inmates that
will enable them to earn just compensation while serving their prison sentence. Income
fro the Operation of Agro-industries in partnership whit the private sector augments the
Bureau limited appropriation.