Ca100 1
Ca100 1
Correction
as Component of Criminal
Justice
For Criminal Justice purpose, the term correction, corrections and
correctional, are words describing a variety of functions typically carried out by
government agencies, and involving the punishment, treatment, and supervision
of persons who have been convicted of crimes. These functions commonly given
through institutional and non-institutional approaches. A correctional system,
also known as a penal system, thus refers to a network of agencies that functions
related to rehabilitating convicted persons through either institutional-based or
community-based corrections.
The terminology change in US academia from “penology” to “Corrections”
in 1950s and 1960s.
Correction is a branch of administration of criminal justice responsible for
the correction and rehabilitation of persons, who are after observance of due
process, was found violated penal law by competent judicial authority.
Two (2) Approaches of Correction
1. Institutional Correction (Institution-based
Correction) – rehabilitation or correctional programs
take place inside correctional facilities or institutions
such as national penitentiaries and jails.
2. Non-Institutional Correction (Community-based
Correction) – rehabilitation or correctional programs
take place within the community.
Correction, defined
is a branch of the administration of criminal justice
charged with the responsibility for the custody, supervision
and rehabilitation of those who judicially found violated
criminal law.
It is also a view of reorientation or re-instruction of the
individual with a purpose of preventing a repetition of the
unlawful activities without necessity of taking punitive
action.
Community-based Correction Programs
1. Probation – is a disposition under which the accused after conviction and
sentence, is released subject to the conditions imposed by the court and the
supervision of a probation officer.
2. Parole – A conditional released from prison of a convicted person upon
service of the minimum of his indeterminate penalty.
3. Pardon – A form of executive clemency which is exercise exclusively by
the Chief Executive. Pardon may given conditionally (conditional pardon)
or unconditionally (absolute pardon). For the purpose of Non-Institutional
Correction, it is the Conditional Pardon with parole conditions is under
consideration.
Agencies of the government charged with
correctional responsibility
1. Bureau of Correction (BUCOR)
2. Bureau of Jail Management and Penology (BJMP)
3. Board of Pardons and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and Sub-Provincial Jail
R.A. 9344 – Adult Criminal Justice System is not applicable to minors. It
should be Juvenile Justice System as amended.
Imprisonment
Is the commitment to an institution, commitment to prison,
confinement, custody, detainment in custody, held in captivity,
held in restraint, in captivity, in custody, in jail, incarceration,
internment, keep behind bars, keep as captive, sent to prison.
It is defined as an act of confinement of a person in prison;
restraint of ones personal liberty; forcible detention of man’s
person or his movements.
Difference between Arbitrary and Illegal
Detention
ARBITRARY DETENTION Article 124, RPC
Unlawful detention of a person committed by a public
officers or officials