CA1: INSTITUTIONAL
CORRECTION
PREPARED BY:
JOHN VON GILBERT I. DE GUZMAN RCRIM.
COLLEGE INSTRUCTOR
COURSE DESCRIPTION:
This course covers the philosophy, theory, and principles
of Penology, the institutional relationship to Criminology
and Criminal Justice. It includes the concept and issues of
Sentencing, Penalty, the administration and management
Institutional confinement facilities of Persons Deprived of
Liberty (PDL) such as the Police(PNP,NBI, Immigration,
others) Detention facilities, BJMP, Provincial Jails, and the
Bureau of Corrections.
CORRECTION PENOLOGY
• Is that branch of the administration of • Is that part of the science of criminology
criminal justice system charged with the that studies the principles of punishment
responsibility for the custody, and the management of prisons,
supervision, and rehabilitation of the reformatories and other confinement units.
convicted offender. • The word “penology” was coined by
• It is the fourth and it is considered to be Francis Lieber. It is also derived from a
weakest pillar of the criminal justice in Latin word “poenalis” which means
the Philippines. “punishment” and from a Greek word
• (Influence by Positivist School of “poena” which means “penalty or fine”.
Thoughts) Therefore, the purpose of • (Influence by Classical School of
punishment is rehabilitation and the Thoughts) Therefore, the purpose of
corner stone is education. punishment is retribution and the corner
• Correction as a process, refers to the stone is discipline.
reorientation of the criminal offender to
prevent him or her from repeating his
deviant (abnormal) or delinquent
(criminal, felonious, wrong) actions
without the necessary of taking punitive
actions but rather the introduction of
individual measures of reformation.
Correctional PENAL
Administration MANAGEMENT
• It is the study and practice of • It refers to the manner or
a system management of jails practice of managing or
or prisons and other controlling places of
institution concerned with confinement as jails or
the custody, treatment and prisons.
rehabilitation of criminal
offenders.
Approaches in Corrections
Institutional Corrections Non-Institutional
Corrections
• agencies and institution • also known as the Community
responsible for maintaining Based Corrections.
physical custody of an offender. • It is a correctional activity that
(ex. Prison, jail, rehabilitation takes place outside the
center) (Traditional Method that institution/ prison walls.
requires incarceration) (ex. parole and probation) (Modern
Method that does not requires
incarceration. Also known as
Community Based Corrections
Revolutions in the History of
Correction
1. Age of Reformations- replaced corporal punishments exile
and physical disfigurements with the penitentiary.
2. Age of Rehabilitation- assumed that animals were
handicapped persons suffering from mental or emotional
deficiencies. Under this individual therapy aimed at healing
these personal maladjustments became the preferred style.
3. Age of Reintegration- society becomes the patients as well
as the offender. Much more emphasis is placed on the
pressures exerted on the offender by the social groups to
which he belongs and on the society that regulates his
opportunity to achieve his goals.
Theories of Penology
1. Absolute Theories
These theory concerns with the legalistic approach on
penal applications as a ground of calling justice. The
imposition of punishment is a retributive nature of justice
reformation, deterrence, crime prevention, self-defense and
control. 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
a. Reformative – reformation is the ultimate
objective of punishment.
b. Exemplarity – punishing criminals will deter the
others from committing crimes.
c. Protective – people must be protected from
socially danger persons.
3. Compromisual Theory
This theory settles the concept of justification,
sentiments and grounds for punishment through
compromises of conflicting views. Its objectives
concern with retribution and deterrence of criminals
Penalty
It is defined as the suffering inflicted by the State
against an offending member for the transgression of
law. Juridical Condition of Penal
The Concept of Penalty
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
1. Retribution or Expiation – the penalty is commensurate
with the gravity of the offense as a matter of payment for the
damage done.
2. Correction or Reformation – as shown by the rules which
regulates the execution of the penalties consisting in
deprivation of liberty, thereby giving chance for his
reformation.
3. Social Defense – as shown by its inflexible severity to
recidivist and habitual delinquents. Society must provide the
welfare of the people against any disorder in the community
Goals of Sentencing:
1. Retribution – is the act of taking revenge upon a criminal perpetrator.
2. Incapacitation – is the use of imprisonment or other means to reduce
the likelihood that an offender will be capable of committing future
offenses.
3. Deterrence – is a means, which seeks to prevent others from
committing crimes or repeating criminality.
4. Rehabilitation – is the attempt to reform a criminal offender, the state
in which a reformed offender is said to be rehabilitated.
5. Restoration – a goal of which attempts to make the victim whole
again.
PUNISHMENT
It is defined as the redress that the state takes against an
offending member.
It is inflicted by the group incorporate capacity in one who is
regarded as a member of the same group.
It involves pain or suffering produced by design and justified
by some value that the suffering is assumed to have.
It is a means of social control, a device to cause people to
become cohesive and induce conformity thus it is necessary
to restore moral equilibrium and for grounds of social utility.
Nature of Punishment
The general concept of punishment is that it is
infliction of some sort of pain on the offender for
violating the law.
Origin and History of Punishment
The oldest written penal law that stopped the ancient
practice of retribution of personal vengeance, and
punishment become the responsibility of the state. This law
is known as the “Code of Hammurabi”, which King
Hammurabi of Babylon promulgated.
This Code of Laws was compilation of the laws of the
Semitic tribes, and is written on stone. It instituted the law of
the talons, meaning that the State will meet out punishment
equally, “as an eye for an aye” or “a tooth for a tooth”.
Punishment in Primitive Society
The most common punishment are death, physical torture,
mutilation, branding, public humiliation, fines, forfeiture of
property, banishment, and later on transportation and
imprisonment; but each of these punishment has had forms. Thus,
death has been accomplished by flaying, crucifixion, beheading,
impaling , drowning and burning; physical torture are executed by
flogging, dismemberment, and starvation; public humiliation,
stocks, pillory, docking, stools, branding, and branks; and later
imprisonment by confinement in dungeons, galleys, “hulks”, jails,
house of corrections, workhouses, and penitentiaries.
Social Justification of Punishment and Legal
Condition of Punishment
Social Justifications Legal Conditions
1. Prevention – the state must 1. The penalty must be productive
punish the criminal to prevent or of suffering without affecting the
suppress the danger to the state integrity of the human
arising from the criminal acts of personality.
the offender. 2. The penalty must be
2. Self-defense – the state has a commensurate with the offense,
right to punish the criminal as a that different crime must be
measure of self-defense so as to punished with different penalties.
protect society from the threat 3. The penalty must be personal in
and wrong inflicted by the that no one should be punished
criminal. for the crime of another.
3. Reformation – the object of
punishment in criminal cases is to
correct and reform the offender.
Social Justifications Legal Conditions
4. Exemplarity – the criminal is 4. The penalty must be legal, that
punished by the state as an act it is the consequence of a
to deter others from judgment according to law.
committing crimes. 5. The penalty must be certain,
5. Justice – that crime must be that no one may escape its
punished by the state as an act effects.
of retributive justice, a 6. The penalty must be equal for
vindication of absolute right all.
and moral violated by the 7. The penalty must be
criminal. correctional.
Nicomedian Ethics:
This is a title of a book that was written by Aristotle (in
Athens) in his 1st 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 compensated”.
Theoretical Foundations in
dealing with Criminals:
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.
2) The Neo-Classical School of Thought – Children
and lunatic persons do not have freewill thus they
must be excluded to any punishment since they do
not know what is right or wrong.
3) The Positive School of Thought – (Lombroso)
“Let the treatment fits the criminal”. People cannot
always be held accountable for their behavior because
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 punished but rather be treated because
he is having illness which leads him to do wrong.
EARLY FORMS OF
CORRECTION
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 community for him not to influence others to
commit crime, if he refuses in his community he will be killed.
EARLY FORMS OF
PUNISHMENT
Flogging – is the whipping of stick, rope or leather to a
person who violates the law.
Mutilation – cutting some parts of the offender’s body.
Branding – lesser of that mutilation as punishment of crime.
Public Humiliation – gives opportunity to the members of
the community to take vengeance. Offender was heckled and
spit upon by passers, throwing of tomatoes or rotten eggs to the
offender.
Exile or Banishment – England prisoners were sent to
America in early 1618 as their captive labor force for the
development of colonies. Also known as “Transportation”.
Work House – inmates will work instead of punishing them
Constitutional Restriction on
Penalties
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
1. Capital or Corporal Punishment – death through
lethal injection.
2. Afflictive Penalties – deprivation of freedom
a) Reclusion Perpetua – 20 years and 1 day to 40 years of
imprisonment.
b) Reclusion Temporal – 12 years and 1 day to 20 years
imprisonment
c) Prison mayor and Temporary disqualification – 6 years
and 1 day to 12 years. Except when disqualification is
accessory penalty, in which case its duration is that of
the principal penalty
3. Correctional Penalties – deprivation of freedom or
restriction of freedom
a.Prison Correctional : 6 months and 1 day to 6
years, except
b.Arresto Mayor : when suspension is that of the
principal
c.Destierro
4. Light Penalties
d. Arresto Menor – 1 day to 30 days of
imprisonment
e. Public Censure
Preventive Imprisonment – The accused undergoes
preventive imprisonment when the offense charge is
non-bailable, or even if bailable he cannot furnish the
required bail.
Subsidiary Penalty – It is subsidiary personal liability
to be suffered by the convict who has no property with
which to meet the fine, at the rate of one (1) day for
eight pesos, for its imprisonment. This is only
applicable when the penalty imposed a fine and not to
damages or civil liabilities imposed upon the convicted
felon.
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 executed by Lethal Injection as
provide under Republic Act No. 8177, which was approved
on March 20, 1996.
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. When the guilty person is more than 70 years of age;
2. When upon appeal or automatic review of the case by the
Supreme Court, the required votes is not obtained for imposing
the death penalty;
3. When the convict is a minor under 18 years old of age.
Death Penalty shall be suspended when the convict is a:
4. Pregnant woman;
5. Within one (1) year after delivery of a pregnant woman;
6. Person over 70 years of age.
PRISON DEVELOPMENT
Developments of Prisons
Prisons were developed gradually as a substitute for
transportation exile public degradations especially corporal
punishments and the death penalty (by virtue of Pennsylvania
Reform Act of 1790). Imprisonments was introduced to
substitute for corporal punishments was initiated by William
Penn of Pennsylvania as well as the abolition of death penalty
except for the first degree murders. Prisons and Penitentiaries
were constructed for the confinements of persons with longer
sentences who are convicted of serious crimes.
