2011 inst'l corection

CORRECTION

ADMINISTRATIONBY:

Dean Willy R. BeraldeBSCrim/BSE/BSPSA

Licensed CriminologistReview Director, Crim @ Norluz. Com Review Center

President, Cagayan Valley Educators Association for Criminology Education

Delegate: INTERPOL Symposium on Police Education and TrainingLecturer & Resource Speaker: PPSC, Criminology School and

Criminology Review CentersTraffic Course Training Director and Organizer

4/13/2011Property of [email protected] Review

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What is Correction?

CORRECTION is the branch of

administration of the criminal justice system

charged with the responsibility for custody,

supervision and rehabilitation of the

convicted offenders.

In the Philippines, CORRECTION is

the 5th pillar of the Criminal Justice System.


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HISTORY OF CORRECTION

When every part of the world wasoccupied by men, rulers like kings andemperor’s rose like mushroom, they madeLAWS so that the “LAWS OF THEJUNGLE” WOULD NOT PREVAIL.

The HAMMURABI CODE, developed4000 years ago by the king is the firstknown Code of Laws providing punishmentfor misbehavior. Its “EYE FOR AN EYE,TOOTH FOR TOOTH” provisions wereintended to moderate excessive retaliationby those who felt slighted or wrong.4/13/2011

Property of [email protected] Review Center

Is it an important reminder that desire for

revenges has been part of human nature

throughout the history. Public demand for

revenges for crime victims. Which means that

the public expects some measure for

retribution before prisoners are released.

While the public generally supports prisons

programs aimed at helping criminals become

crime free, history teaches us that they will not

do it so if these programs conflict with the felt

need revenge.


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The use of prisons

for punishment of criminal

is fairly recent idea. It was

initiated 400 years ago in

ENGLAND, and later in

the United State as

REFORM – as an

alternative to brutal

physical punishment or

execution of lawbreakers.


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The JAIL was introduce in

MEDIEVAL ENGLAND as a place of

CONFINEMENT of person arrested

and undergoing trial, and for those

convicted of minor offenses.

Convicted offenders were later on

chained to galleys to man the ship of

war countries such as England,

France and Spain, who used

transportation system of punishment

by sending their convicts to penal

colonies were they serve as a

SLAVE until they completed their

service of their sentences.4/13/2011


However, during the last

half of the 19th’’ Century,

transportation of offenders

was abandoned because of

the agitation and protest of

the colonies.


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ANCIENT FORMS OF PUNISHMENT

A. Death Penalty – this was effected byburning, boiling in oil, breaking at thewheel or quartering, hanging and manymore…


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The Different Forms of

Judicial Death from the

most Ancient up to the

Recent


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ANCIENT:


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Flaying: Removing of

the Skin as a form of

Suffering

Burning at Stake:

Done on Witches &

Demon Worshippers4/13/2011


Boiling to Death

Buried Alive


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Breaking at the Wheel

Impaling4/13/2011


CRUCIFIXION


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Breaking the Back

(other use the term

“falling)

Disembowelment or

removal of parts of the

body to die slowly4/13/2011


Walking by Plank: Done on a Pirates

and Mutineers


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A Guillotine (Used by Many English

Country in Death Penalty


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Quartering & Hanging


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QUARTERING


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HangingANCIENT HANGING


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Judicial Hanging of the 19th


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A Gallows for Hanging


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GARROTE: Manila Bilibid Prison (1901)


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Death by Musketry (Firing Squad)


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Electric Chair


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Gas Chamber


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Lethal Injection


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A More Modern Form of Hanging

21st Century: Middle East


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Preparation and Rituals

Family of the victims are invited

Let the law punished the convicted offenders: Aggrieved relatives of the victim.


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Punishment must be full of sufferings:

Flogging before death.


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Readying the Tools for Hanging


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The FINALE


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B. Physical Torture – this

was the so-called corporal

punishment w/, was

effected by mutilation,

maiming, etc.


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C. Social Degradation – the purpose of this

was to put up the offender to shame or

humiliation. This was effected by

branding, use of ducking stool, pillory,

etc.


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D. Banishment – this was

sending or putting of an

offender which was carried

our either by a prohibition

against coming into a

specified territory or

prohibition against going

outside a specified territory,

such as an island to were

the offender has been

removed.

THE FALL OF MAN: A Banishment from the Garden of Eden


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Corrections and Society: Its Principle

I. Major reasons for punishing a lawbreaker

a. Rehabilitation

i. Treat and reform lawbreaker

ii. Belief that wrongdoers should have programs to assist in becoming a productive member of society

iii. Prison system needs to provide

Job training

Psychological counseling

Educational programs 4/13/2011


b. Restitution

a. Seeks repayment

b.Offender repays victim or community inmoney or service

c. Incapacitation

a.Isolate criminal from society to protectordinary citizens

b.Confinement makes it impossible for acriminal to commit further crimes

d. Deterrence

a. Seeks to prevent further crimes

b.Operates in two ways.


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1.Specific deterrence

1. Targets criminal in question

2. Relates a memory of harshpunishment to deter the criminalfrom any further crime

2.General deterrence

1. Targets other potential criminal

2. Others see the harsh punishment andbe discouraged from committing asimilar crime


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e. Retribution

i. Seeks revenge

ii. Oldest theory of punishment

iii. An eye for an eye.

iv. Critics state that it is too cruel for a modern society


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1. Capital punishment or death.

2. Afflictive punishment which includeswhipping and starvation.

3. Indelible punishment such asbranding, amputation & mutilation.

4. Ignominious punishment, such aspublic punishment involving uses of stocksand pillory.

TYPES OF PUNISHMENT

ACCORDING TO JEREMY BENTHAM


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5. Penitential punishment, whereby anoffender might be censured by his or hercommunity.

6. Chronic punishment, such asbanishment, exile and imprisonment.

7. Restrictive punishment, such as licenserevocation and administrative sanctions.

8. Compulsive punishment, whichrequires an offender to perform a certainaction such as to make restitution or keepin touch with a probation officer.


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9. Pecuniary punishment involving use offines.

10.Quasi-pecuniary punishment, inwhich the offender is denied serviceswhich would otherwise be available tohim or her.

11.Characteristic punishment such asmandating that prison uniforms be wornby incarcerated offenders.


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WHAT IS PENOLOGY?

PENOLOGY – the studyof punishment ofcrime. It is branch ofcriminology dealingwith the prisonmanagement & thedeterrence &reformatory treatmentof criminals.


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a. PENO – Greek word “PIONO” and Latin word“POENA” which means PUNISHMENT.

b. LOGY – a Latin word “LOGOS” which meansscience.

PUNISHMENT – it is an instrument of publicjustice.PENALTY – it is the suffering inflicted by thestate for the transgression of the law.

Both PUNISHMENT and PENALTY areterms used interchangeably but thesemeans only one thing.

The term PENOLOGY came from:


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CONCEPT OF PENALTY:

Penalty in generalsignifies pain; especiallyconsidered in judicialsphere, it meanssuffering undergonebecause of the action ofhuman society, by onewho commits crime.


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CONDITIONS OF PENALTY

1. Must be productive of suffering withouthowever affecting the integrity of the humanpersonality;

2. Must be commensurate with the offense ofdifferent penalties;

3. Must be personal, no one should be punishedfor the crime of others;

4. Must be legal, it is the consequence ofjudgment based on law;

5. Must be certain, no one may escape its effect;

6. Must be equal for all

7. Must be correctional4/13/2011Property of [email protected] Review

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THEORIES IN JUSTIFICATION OF

PENALTIES:

A. PREVENTION

B. SELF-DEFENSE

C. REFORMATION

D. EXEMPLARITY

E. JUSTICE


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3-FOLD PURPOSE OF

PENALTIES ACCORDING TO

REVISED PENAL CODE:

1. Retribution or Expiation

2. Correction or Reformation

3. Special Defense


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ORIGIN AND HISTORY OF

PUNISHMENT

A. Natural/Biblical – originated by God throughBanishment”.

B. The Code of Hammurabi – the first codifiedlaw that provides punishment for anti-social act.

C. Retribution – primitive society employpersonal vengeance or revenge (law onvendetta)

D. Penal Law – the classification andidentification of crimes and the provisions ofcorresponding punishment


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PUNISHMENT IN PRIMITIVE

SOCIETY

Crucifixion Beheading Hanging Impaling Drowning Burning Feeding on Beast

1. DEATH


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2. PHYSICAL TORTURE

logging & Whipping

Dismemberment & Mutilation

Starvation

Public humiliation

Stocks and Pillory

Ducking stools

Branding


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3. IMPRISONMENT

Dungeons

Galleys

Hulks

Jail Houses

Correctional Houses

Workhouses

Penitentiaries

4. TRANSPORTATION AND EXILE


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THE CRIMINOLOGICAL THEORIES

(On Punishment)

1. CLASSICAL THEORY –the basis for theretributive and punitiveaspect of punishmentwhere it emphasize thatthe nature of punishmentmust be equal to thenature of crime. (“ThePunishment must Fit theCrime”)


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2. NEO-CLASSICAL THEORY – itsupported the Classical Theory but itmust be modified in consideration ofthe child and lunatic individual.

3. POSITIVIST THEORY – just likeillness, man may be subjected tocure rather than punishing them fortheir act. It is through this that theword CORRECTION & REHABILITATION

considered as a means of controllingthe society’s anti-social act.


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CHARACTERISTICS OF:

CLASSICAL POSITIVIST1. The purpose of imposing the penalty

is RETRIBUTION, to make theoffender suffer to the same extent ashis victim has suffered.

2. The penalty is applied in aMECHANICAL MANNER with littleregard to the human elementinvolved in the crime.

3. Man is regarded as a MORALCREATURE who understand what isright or wrong so that if a manvoluntarily committed a crime, hemust face the consequences of thecrime.

4. The emphasis is on the CRIMErather than the criminal.

The purpose of imposing the penalty isREFORMATION, to correct or reform thewrong doer.

The penalty is applied only after apanel of SOCIAL SCIENTIST hadexamined the offender. The penalty isapplied NOT in a Mechanical Manner.

Crimes are regarded as SOCIALPHENOMENON which constrainsman to do wrong although it is nothis nature to do so. Crimes areconsidered environmental.

The emphasis is on the CRIMINALrather than on the crime.4/13/2011


EFFECTS OF CORRECTIONAL

INSTITUTIONS

A. It opens the door to further study theCRIMINAL rather than crime.

B. It clearly revealed that the criminal fromgeographical, social, psychological andenvironmental have direct bearing in thecommission of crime.

C. It also showed that a criminal is a personsubject to many factors usually beyondhis control.


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THE EVOLUTION OF

CORRECTIONAL INSTITUTIONS

1. St. Bridget’sWall (known alsoas “Bridewell”)about 1552 – TheFirst House ofCorrection.


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2. 8th Century GAOLS– this are poorlyconstructedunsanitary dump,drafty or airlessgloomy dungeons,foul smelling placesfor detention.


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3. The HULK – is anold sailing ship thatis no longer usedfor sea voyages ornaval operations,but it is anchoredin some port ofEngland thathouses convictedcriminals.


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4. The PANOPTICAN orinspection prison house.The first ENGLISHPRISON. It wasdesigned by JeremyBentham whose cellarrangement around acentral apartment fromwhich the prisonsupervisor could make aclose supervision on it’sprisoner.


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THE EARLY PRISON

INSTITUTION & PENITENTIARIES

1. PRISON SHOULD BEPENITENTIARIES: According toWILLIAM PENN the Quakerleader of Pennsylvania, theprevention of crime was the soleend of punishment but theinstitution must help criminals notto be plunged more on evil doingspenitent and reflection.


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Eastern Penitentiary


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2. THE PENNYSYLVANIA ACTOF 1780: Abolition ofcorporal punishment andreducing capital punishmentby one-degree.

3. THE WALNUT STATEPRISON: The First Prison inUnited State located inPhiladelphia that establishesSOLITARY CONFINEMENT


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Walnut State Jail/Prison


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4.DIFFERENCE: (PRISON ANDPENITENTIARY) Prison is solelyintended to inflict suffering on thecriminal including hard labor.Penitentiary refers to place whereboth crimes and sin could beatoned for and penitenceproduced through solitaryconfinement, labor, meditation,and communion with God.


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JOHN HOWARD: A Great Prison Reformer

John Howard was a sheriff and a socialactivist . In his book The State of the Prisonin England and Wales (1777) was based onhis visit to penal institutions in various partsof Europe. He discovered:

1. Overcrowding

2. Poor Living Conditions

3. Disorderliness

4. Abusive Practices of Prison Officials


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With this, he advocated that PENALENVIRONMENT be made: (a) Safe, (b)Humane, (c) Orderly. His opinion was thatincarceration must do more than punish; itshould also instill DISCIPLINE and REFORMINMATES. He proposes an orderlyinstitutional routine of religious teaching,hard work and solitary confinement topromote INTROSPECTION andPENANCE.

His work inspired the growing popularityof the term PENITENTIARY.4/13/2011


5. THE NEWGATE PRISON

This is not a real prison but an

abandoned copper mine fieldlocated at Simsbury Connecticut.The inmates are confinedunderground and theyconsidered this place as BLACKHOLE of HORRORS.


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6. THE AUBURN AND PENNYSYLVANIASYSTEM

These are the Two Prisons evolved andemerge in the early part of 1800. TheAuburn Prison was inaugurated in 1819 afterthe condition of Newgate Prison wasconsidered intolerable. It is characterized bylocking separately the inmates at night andworked together in enforced silence incongregate workshop during the day. TheAuburn Prison System was greatly influencealmost all Prison system in U.S.


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NOTE: PENNSYLVANIA SYSTEM refersto system of US Penology in whichinmates were kept in solitary confinementfor the whole duration of sentence, whileAUBURN SYSTEM is an early system ofPenology originating at AuburnPenitentiary in Auburn New York underwhich an inmates are working and eatingin congregation during the day withimposed silence plus solitary confinementin cells at night.


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7. THE EASTERN PENITENTIARY

Was opened at Cherry Hill Philadelphia in

1829. It was constructed in a radial formwith seven blocks of outside cells. Theprisoner here are kept in single cells wherethey lived, slept read the bibles and otherreligious tracts and receive moral guidanceand instructions. Inmates are given workslike weaving, tailoring, shoemaking and

carpentry in their solitary cells.


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8. NEW YORK HOUSE OF REFUGE

THE FIRST JUVENILE REFORMATORY to

protect young delinquent from the influence ofhardened criminals & convict.

9. THE MACHONOCHIE & MARK

SYSTEM

CAPT. ALEXANDER MACONOCHIE of the

English Royal Navy of the Norfolk Island PenalColony instituted a Mark System to all prisonersequivalents of today’s good conduct time allowance& parole.


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10. THE IRISH SYSTEM

1854, Sir Walter Crofton became

the Director of the Irish Prison. Heuses the same mark system adoptedby Maconochie with somemodification.


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11. ELMIRA AND AMERICANREFORMATORY SYTEM

Patterned with the Auburn Prison System and

headed by Zebulon R. Brockway as the firstsuperintendent. This prison initiated theclassification of offenders according to performanceof the inmate until it reaches the highest grade inorder to avail parole. This is intended forHARDENED CRIMINAL OFFENDERS. Its legal basiswas the indeterminate sentence and good conductand behavior using the Mark System ofMaconochie. THIS IS ALSO THE FIRSTREFORMATORY INSTITUTION OF AMERICA.


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The Modern Prison Model


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MOST KNOWN PRISON PLAN


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TIME TO

BREAK


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2011 inst'l corection

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