Basic Definition of Terms in Corrections

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Basic Definition of Terms in Corrections:

Correction-It refers to the study of punishment for crimes or of criminal offenders.

PENOLOGY-It was derived from the Latin word “POENA” which means pain or suffering.

 It is otherwise known as Penal Science.


 It is the division of criminology that deals with prison management and the treatment of offenders.

Penal Management: - manner or practice of managing or controlling places of confinement as in jails or prisons.

CORRECTION- branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders.

 study of jail / prison management and administration as well as the rehabilitation and reformation of criminals.
 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-reorientation of the criminal offender to prevent him or her from repeating his deviant or delinquent actions without the
necessity of taking punitive actions but rather the introduction of individual measures of reformation.

Correctional Administration-study and practice of a systematic management of jails or prisons and other institutions concerned with the custody,
treatment, and rehabilitation of criminal offenders.

Correction- one of the pillars of Criminal Justice System that is considered as the weakest pillar because of its failure to reform the criminals.

Historical Background of Correction:

1468 (England) – Torture as a form of punishment became prevalent.

13th Century –Securing Sanctuary

 In the 13th century, a criminal could avoid punishment by claiming refuge in a church for a period of 40 days.

16th Century – Transportation of criminals in England was authorized. At the end of the 16 th Century, Russia and other European Countries
followed this system. It partially relieved overcrowding of prisons.

Transportation of Criminals -was abandoned in the year 1835

 17th to late 18th Century -Death Penalty became prevalent as a form of punishment.
 GAOLS (Jails) pre-trial detention facilities operated by English Sheriff.
 Galleys -long, low, narrow, single decked ships propelled by sails, usually rowed by criminals.
-ship used for the transportation of criminals in the 16th century.
 Hulks – former warships used to house prisoners in the 18th and 19th century.
-abandoned warships converted into prisons as means of relieving congestion of prisoners.
-a.k.a. “floating hells”.
 Ordeal– is the church’s substitute for a trial until the 13th century wherein guilt or innocence was determined by the ability of the accused of
being unscathed through dangerous and painful test.

Early Codes/Laws of Punishment in the World:

3 Main Legal Systems in the World:

1. Roman Law-adopted by Europian and Asian countries

-has the most lasting influence

2. Mohammedan or Arabic Law-adopted by middle east and other muslim countries

3. Anglo-American Laws-adopted by western countries

 Code of King Hammurabi- (Hammurabic Code) – Babylon- oldest code prescribing savage punishment

 Sumerian codes: -nearly one hundred years older than hammurabic code

 Justinian Code
 By Emperor Justinian of Rome
 matched a desirable amount of punishment to all possible crimes
 did not survive due to the fall of the Roman Empire but left a foundation to Western legal codes.

 Twelve Tables (XII Tabulae), (451-450 BC)


 earliest codification of Roman law

 foundation of all public and private laws of the Romans

 collection of legal principles engraved on metal tablets

 Greek Code of Draco –harsh code that provides the same punishment for both citizens and the slaves
Greeks- first group of people who allowed any citizen to prosecute the offender in behalf of the injured party.

 Burgundian Code- specified punishment according to the social class of offenders, dividing them into nobles, middle class and lower
class
 King Ur-Nammu’s Code (no death penalty)
 carries the concept of Restorative Justice
 restitution not death penalty

 Nicomedean Ethics (Aristotle) first attempt to explain crime


 Punishment is a means of restoring the balance between pleasure and pain.
 It introduced Corrective Justice –Punishment should be greater than the pleasure

 Early Codes in the Philippines:


*Philippines- influenced by the Roman Law.

 Maragtas Code- written in 1250 by Datu Sumakwel


 law on laziness, robbery and childbearing
 cutting fingers of thieves & robbers
 not more than 2 children for poor families

 Code of Kalantiaw -promulgated by Datu Kalantiaw of Panay (now Aklan) in 1433


 most severe law that prescribes harsh punishment
 penalizes having relation with a married woman, offending religious things and gods.

 Kodigo Penal- (Revised Penal Code today)


 introduced by the Spaniards
 promulgated by the King of Spain by Royal Decree of 1870
 adopted the Roman Law principles
 Date of Effectivity: July 14, 1877

 Del Pan Correctional Code


 drafted by Rafael Del Pan but it was not enacted
 it became a basis of the drafting committee for the Revised Penal Code headed by Anacleto Diaz
 

 Revised Penal Code (RPC)


 approved on December 8, 1930
 took effect on January 1, 1932
 Revised by Anacleto Diaz as chairman and Quintin Paredes, Guillermo Guevara, Alex Reyes, and Mariano H. De Joya as
members

 Guevara Code of Crimes


 more of a moral code than a penal code drafted by Judge Guillermo Guevara but it was not enacted due to many oppositions
 

 Bodong and Sipat Code- penal laws of some tribes in the Cordillera Region

Early Prisons in the World:


 

 Mamertine Prison – only early Roman place of confinement built under the main sewer of Rome in 64 B.C

 BRIDEWELL WORKHOUSE (1552-1557)- Most popular workhouse


 Built in England for the employment and housing of English prisoners.
 Vagrants and prostitutes are given work while serving sentence

 Saint Bridget’s Well – England’s first house of correction.

 Wulnut Street Penitentiary – originally constructed as a detention jail in Philadelphia

 Converted into a state prison


 First American Penitentiary

 Hospicio de San Michelle –first home for delinquent boys ever established. Built by Pope Clement XI in Rome for housing incorrigible
youths under 20 years of age.

 Maine State Prison

 Contained cell in the pits similar to the undergrounds in Rome that were used to detain offenders undergoing trial in some cases
and to hold sentenced offenders where they will be starved to death.

 Sing Sing Prisons


Became famous because of the Sing Sing bath. The shower bath was a gadget so constructed as to drop a volume of water on the head of a locked
naked offender. The force of the icy cold water hitting the head of the offender caused so much pain and extreme shock that prisoners immediately
sank into coma due to the shock and hypothermia or sudden drop in the body temperature.

 Americas First Maximum-Security Facility


 Home to Americas First Electric Chair
 
 St. Michael Prison (auburn system)
 The Roman Catholic Church introduced it during the reign of Pope Clement XI.
 Many of the practices pioneered in St. Michael were later adopted in the United States in what is now known as the Auburn System.
 emphasized the rehabilitative concept and pioneered the segregation of prisoners
 forced silence to make the prisoners contemplate their wrongdoings.
 

 Two Rival Prison Systems in the History of Correction

A. Auburn Prison System – prison system called the “Congregate System”

 prisoners are confined in their own cells during the night and they do congregate work in shops during the day
 complete silence was enforced
 

B. Pennsylvania Prison System – prison system called “Solitary System”

 Prisoners are confined in single cells day and night where they live, sleep, eat and receive religious instructions.
 Complete Silence was also enforced
 They are required to read the Bible.
 Led by William Penn & the Quakers
 

 Early Prison in the Philippines:

 1847- first Bilibid Prison was constructed and became the central place of confinement for Filipino Prisoners
 Originally constructed in Manila but it was later transferred to Muntinlupa
 

 Old Bilibid Prison-used now as the Manila City Jail famously known as the May Halique Estate
 

 Pioneers of Reformation in Correctional Administration:

1. William Penn (1614-1718)

 fought for religious freedom and individual rights.

 first leader to prescribe imprisonment as correctional treatment for major offenders.

 responsible for the abolition of death penalty and torture

2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de Montesiquieu)

 1689- 1755) French historian and philosopher who analyzed law as an expression of justice.
 believes that harsh punishment would undermine morality. Moral sentiments is a better means of preventing crime.

3. VOLTAIRE (Francois Marie Arouet)

 (1694- 1778) most versatile among the philosophers during this period. He believes that fear of shame/embarassment was a deterrent to
crime. He fought the legality-sanctioned practice of torture.

4. Cesare Bonesa, Marchese de Beccaria (1738-1794)

 wrote an essay entitled “An Essay on Crimes and Punishment” -presented the humanistic goal of law.
 Advocated the Classical Theory

5. Jeremy Bentham (1748-1832) – greatest leader in the reform of English Criminal law. He believes that punishment designed to negate the
pleasure or gain the criminal derives from crime would lower the crime rate.

 devised the PANOPTICAN PRISON


PANOPTICON PRISON -a prison consists of a large circular building containing multi-cells around the periphery.

 Devised by Jeremy Bentham but it was never built.


 

6. John Howard (1726 – 1790) sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform & recommended the following:

 single cells for sleeping


 segregation of women
 segregation of youth
 provision of sanitation facilities
 abolition of fee system wherein jailers obtained money from prisoners
 He is regarded as the” Father of Prison Reform” or “Great Prison Reformer”
 

 7. Alexander Mocanochie – Superintendent of the penal colony at Norfolk Island in Australia (1840)

 introduced the “Mark System”- a prisoner is required to earn a number of marks based on proper labor and study in order to have a ticket
for leave or conditional release which is similar to parole.

 8. Manuel Montesimos – Director of Prisons in Valencia Spain (1835)

 divided the number of prisoners into companies and appointed certain prisoners as petty officers in-charge which allowed good behavior in
preparing the convict for gradual release.
 

 9. Sir Evelyn Ruggles Brise – Director of the English Prison who opened the Borstal Institution for young offenders.

 Borstal Institution- best reform institution for young offenders


 

 10. Walter Crofton – Director of the Irish Prison in 1854

 introduced the Irish system that was modified from the Mocanochie’s mark system
 

 Four Stages of the Irish System (By: Walter Crofton)

1. Solitary confinement for 9 months

2. Assignment to public works in association with other prisoners

3. Work without supervision

4. Release of prisoner under certain conditions similar to parole.

 11. Zebulon Brockway –Director of the Elmira Reformatory in New York (1876)

-introduced certain innovational programs like the following:

 training school type

 compulsory education of prisoners

 casework methods

 extensive use of parole

 indeterminate sentence

Elmira Reformatory- forerunner of modern penology because it has all the elements of a modern prison system

12. Jean Jacques Philippe Villain –founded the Maison de Force in Gent, Belgium. He introduced:
a. felons and misdemeanants should be separated and

b. women and children must have separate quarters

13. Benjamin Rush (1747-1813)

 He voiced two concerns


(1) punishment should be humane and orderly not a degrading public event; and

(2) reformation of offenders could be achieved through punishment that encouraged penance and not death penalty

 led the Quakers to form the Philadelphia Society for alleviating the miseries of public prisons
 

14.Elizabeth Fry (1813)

 A quaker reformer who attempted to bring about better treatment for women and children in London prisons
 She was one of the first to recognize the rights of women prisoners 
 

Two Rival Prison Systems in the History of Correction

A. Auburn Prison System – prison system called the “Congregate System”

 prisoners are confined in their own cells during the night, and they do congregate work in shops during the day
 complete silence was enforced
 

B. Pennsylvania Prison System – prison system called “Solitary System”

 Prisoners are confined in single cells day and night where they live, sleep, eat and receive religious instructions.
 Complete Silence was also enforced
 They are required to read the Bible.
  

  

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