COAD LESSON 1

 
CORRECTIONAL (TERMINOLOGIES)
 
CORRECTIONS
 custody and rehabilitation of criminal offenders.
 Branch of CJS
 4th pillar
 Weakest pillar
 Root word "correct", means to right a wrong
 Latest concept - reformation and rehabilitation
 
CORRECTIONAL ADMINISTRATION
 The study and practice of system management of jails and prisons and other institution
responsible for the rehabilitation and custody of criminal offenders.
 Administration of corrections
 
2 Types of Corrections
1. Institutional Correction
2. Non-institutional Correction/Community-based Institution
 Probationers
 Parolees
 Pardonees
 Amnesty
 
PENOLOGY
 Division of criminology prison management, treatment of offenders, etc.
 Derived from Latin word "Poena" means pain or suffering
 Known as the penal science
 Branch of criminology that deals with study of punishment
 Influenced by classical doctrine (Classical School of Thought) - Cesare Beccaria and Jeremy
Bentham -> Pain and pleasure principle. "Free will"
 Pain is bigger than pleasure -> absence of crime
 
PENAL MANAGEMENT
 Manner/practice/managing/controlling places of confinement.
 
 
FUNCTIONS OF CORRECTIONS
M - maintenance of institution.
P - protection of law abiding members of society.
R - reformation and rehabilitation of offenders.
D - deterrence of crime.
 
 
NATURE OF PUNISHMENT
 PUNISHMENT IN LEGAL SENSE - punishment is the redress (vengeance/retribution) of the state
against an offending member.
  PUNISHMENT IN GENERAL - Infliction of pain on the offender in violation of law.
 
 PENALTY - suffering inflicted by the state for the transgression of the law. Technical terms:
Capital Punishment, etc. More specific than punishment.
 
 
FORMS OF PUNISHMENT
 
 Ancient Form
1. Death Penalty - Burning in oil, drowning, hanging, etc. Still applied in UAE.
2. Physical Torture (Corporal Punishment) - mutilation, ordeal (divine intervention)
3. Social Degradation - humiliation/shame
4. Banishment - exile
 
 Contemporary
 Modern types of punishment
1. Imprisonment - putting the offender in the prison to protect the public and to
rehabilitate the offender.
2. Parole - conditional release of the prisoner who served at least minimum of his sentence.
Executive Clemency (awa ng presidente sa mga offender). Under supervision of parole
officer and once parole conditions are violated, remaining years will be spent inside the
institution. Signed by the President
3. Probation - disposition (decision) whereby the defendant after conviction of an offense
whom the penalty does not exceed 6 years. Under supervision of probation officer. They
are serving their sentence in the community with conditions.
4. Fines - amount given as a compensation of a criminal act. Danyos perwisyo.
 Criminal activity = Civil Liability
5. Destierro - banishing a person from a place where he committed the crime. 25km radius.
 Form of protection to the offender.
 
 
JUSTIFICATION OF PUNISHMENT
 
1. Retribution - Vengeance (personal/state).
2. Expiation/Atonement/Reparation/Reconciliation - Group vengeance. Reconciliation of
offender towards the community.
3. Deterrence - to deter future criminal activities of criminal offender.
4. Protection - protection of offender and the society for further criminal activities.
5. Reformation - help the offender to be a law abiding citizen.
 
 
DIFFERENT SCHOOLS OF CRIMINOLOGY
 
CLASSICAL SCHOOL OF THOUGHT
 Founded by Cesare Beccaria and Jeremy Bentham
 Concept of free will
 Every man is responsible of his own act.
 Crime can only be expiated by punishment.
  Advantages: easy to administer, eliminates arbitrary sentences
 Disadvantages: unfair treatment, unjust, it does not individualize treatment
 

NEO CLASSICAL SCHOOL OF THOUGHT

 Enhanced the principles of classical
 Justifying - justifying the act
 Exempting - mentally disturbed, minors, etc.
 Mitigating - pagpapababa ng sentence
 Aggravating - pagdagdag ng penalty
 Alternative circumstances - mitigate/aggravate
 
 Exempt the minors in criminal liability. Age of responsibility: 15 years old.
 Some adults commit crime because they are not free to choose.
 

ITALIAN/POSITIVIST SCHOOL OF THOUGHT

 Cesare Lombroso
 Atavistic Stigmata - born criminals/born with criminal instinct
 

3 CLASSES OF CRIMINAL ACCORDING TO LOMBROSO

1. Born Criminal - has physical features of criminal
2. Insane criminals - idiots, imbecile
3. Criminaloids - has mental makeup of criminal. Displays anti-social conduct.
 
- ENRICO FERRI - introduced social factors why people commit crime
1. Geographical, Climate, Temperature
2. Anthropological factors - psychological.
3. Social Factors - economic, political, religion, education
 
- GAROFALO - introduced scientific study of crimes and criminals
 
 
MODERN CLINICAL SCHOOL
 The study should be focused on the criminal and not on the crime.
 Interested on the personality of the criminal
 Emphasized social psychology - interaction of individual to group of people. Healthy
relationship should be maintained and intellectual integrity.
 Biological inheritance of criminal behavior

ADDITIONAL INFO:

BUCOR
 Under DOJ
 Covers parolees, pardoners, PPA
 Cases more than 3 years
BJMP
 Under DILG
 Cases less than 3 years
 Jails

DWD
 Youthful offenders

3 KINDS OF DETAINEES
1. Awaiting trial
2. Under investigation
3. Awaiting for final judgment

4 ORIGINAL PURPOSE OF CORRECTION

1. Retribution
2. Deterrence
3. Incapacitation
4. Rehabilitation

THERAPEUTIC PROGRAM NEW TERMS

1. Prison Facility
Facility
Cell
Dormitory
2. Imprisonment
Confinement
3. Inmate
Resident
Client
PDL
4. Ex-convict
Out patient

Historical Perspective of Correction

 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.
 England (1468) - torture, as a form of punishment became prevalent.
 16th Century - Transportation of criminals in England was authorized. At the
end of this century, Russia and other European Countries followed this
system. This practice was abandoned in 1835.
  Galleys
- long, low, narrow, single decked ships propelled by sails,
usually rowed by criminals.
- A type of ship used for transportation of criminals in the 16th
century.
 Hulks
- these are former warships used to house prisoners in the 18th
and 19th century.
- These were abandoned warships converted into prisons as
means of relieving congestion of prisons. They were called as
the floating hells.

 17th to 18th century - death penalty became prevalent as a form of punishment

The Age of Enlightenment

 18th Century is a century of change. It is the period of recognizing human dignity.

 is the movement of reformation, the period of introduction of certain reforms in the

correctional field by certain person, gradually changing the old positive philosophy
of punishment to a more humane treatment of prisoners with innovational programs.

The Pioneers

1. William Penn (1614-1716)

- He is the first leader to prescribe imprisonment as correctional treatment for major

offenders.

- He is also responsible for the abolition of death penalty and torture as a form of
punishment.

2. Charles Montesquie

-(Charles Louis Secondat, Baron de la Brede et de Montesiquieu, 1689-1755)

-A French historian and philosopher who analyzed law as an expression of justice.

-He believed that harsh punishment would weaken morality.

3. VOLTAIRE (Francois Marie Arouet, 1694-1778)

- He believes that fear of shame was a deterrent to crime. He fought the legality-
sanctioned practice of torture

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

- He wrote an essay entitled " An Essay on Crimes and Punishment". This book became
famous as the theoretical basis for the great reforms in the field of criminal law. This
book also provided a starting point for the classical school of criminal law and
criminology.

-He was the primary advocator of the doctrine of freewill and regarded as the father of
Classical Criminology. It presented the humanistic goal of law.

5. Jeremy Bentham - (1748-1832)

- the greatest leader in the reform of English Criminal Law.

- He believes that whatever punishment designed to negate whatever pleasure or gain

the criminal derives from crime, the crime rate would go down.

- The proponent of the hedonism theory.

-He devise the ultimate Panopticon Prison - a prison that consists of a large circular
building containing multi cells around the periphery but it was never built.

- also known as the inspection house.

6. John Howard (1726-1790)- the"Great Prison Reformer"

- The sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform.

- Father of prison reform

- After his findings on English Prisons, he recommended the following:

1. single cells for sleeping

2. segregation of women

3. segregation of youth

4. provision of sanitation facilities

5. abolition of the fee system by which jailers obtained money from prisoner

7. Benjamin Rush (1747-1813)

- He voiced two concerns

1. punishment should not be public events and

2. reformation of offenders could be achieved through punishment that encouraged

- The Reformatory Movement featured indeterminate sentencing, parole, classification

by degree of individual reform, rehabilitative programs, and separate treatment for
juveniles.

The Reformatory Movement

- The philosophy of this period was founded on the NPA (National Prison Association)
Declaration of Principles, the view that crime was a moral disease, and the belief that
criminals were "victims of social disorder.

Enoch Cobb Wines

- conducted a nationwide prison survey and organized the NPA.

-The NPA is now known as theAmerican Correctional Association (ACA).

- The American CorrectionalAssociation - is the largest corrections association in the

world. Founded in 1870, as the National Prison Association, this organization of prison
professionals had a prison- reform orientation.

Alexander Macanochie

- He is the Superintendent of the penal colony at Norfolk Island in Australia (1840) who
introduced the Mark System that became the blueprint of modern day parole.
- considered as the father of modern penology

Mark System

- A progressive humane system in which a prisoner is required to earn a number of

marks based on proper department, labor and study in order to entitle him for ticket for
leave or conditional release which is similar to parole.

Manuel Montesimos

- The Director of Prisons in Valencia Spain (1835) who divided the number of prisoners
into companies and appointed certain prisoners as petty officers in charge

- He allowed reduction of service due to good behavior (good conduct time allowance).

Domets of France

- Established an agricultural colony for delinquent boys in 1839 providing housefathers

as in charge of these boys.

- He concentrated on re- education. Upon their discharge, the boys were placed under
the supervision of a guardian.

Sir Evelyn Ruggles Brise

- The Director of the English Prison who opened the Borstal institution for young
offenders.

Borstal Institution - is considered as the best reform institution for young offenders
today.

Walter Crofton

- he is the director of the Irish Prison in 1854 who introduced the Irish system that was
modified from the Macanochie's mark system.
Zebulon Brockway

- First Superintendent of Elmira Reformatory in New York

- he introduced training school type, education for prisoners, solitary confinement for
night and congregate workshop were adopted, extensive use of parole and
indeterminate sentence.

- The Elmira Reformatory (1876 in Elmira, NY) - first reformatory and considered as
the forerunner of modern penology.

Jean Jacques Philippe Villain

- founded the Mason de Force in Gent, Belgium. He introduced:

a. felons and misdemeanants should be separated and

b. women and children must have separate quarters

Early Codes

1. Babylonian and SumerianCodes

- Code of King Hammurabi (Hammurabic Code)- Babylon, credited as the oldest code
prescribing savage punishment but in fact Sumerian codes were nearly 100 years older

2. Roman and Greek Codes

a. Justinian Code - 6th century AD, An effort to match a desirable amount of

punishment to all possible crimes. However, the law did not survive due to the fall of the
Roman Empire.

The Twelve Tables (XII Tabulae) (451-450 BC)

- represented the earliest codification of Roman law incorporated into the Justinian
code.
- It is the foundation of all public and private of the Romans until the time of Justinian. It
is also a collection of legal principles engraved on metal tablets and set up on the
forum.

b. Greek Code of Draco - Greece, a harsh code that provides the same
punishment for both citizens and the slaves as it incorporates primitive concepts.

- The Greeks were the first to allow any citizen to prosecute the offender in the name of
the injured party.

3. The Burgundian Code (500AD)

- it specified punishment according to the social class of offenders, dividing them into:
Nobles, Middle class and Lower class and specifying the value of the life of each person
according to social status.

EARLY CODES IN THE PHILIPPINE SETTING

- Mostly tribal traditions, customs and practices influenced laws during the pre- Spanish
Philippines. There were also laws that were written which includes:

a. Kalantiaw Code (1433)

- the most extensive and severe law that prescribes harsh punishment.

- This code contains 18 articles only but enough to maintain peace and harmony.

- This code was decreed by Datu Kalantiaw about a hundred years before the coming of
the Snanishcolnnizers

b. The Maragtas Code (by Datu Sumakwel)

EARLY DEVELOPMENT OF PRISON

Mamertine Prison

- the only early Roman place of confinement which is built under the main sewer of
Rome in 64 B.C

Saint Bridget's Well or Bridewell Workhouse (1557)

- England's first house of correction

- this is used for locking up, employing and whipping beggars, prostitutes and night
walkers.

-the most popular workhouse in London which was built for the employment and
housing of English prisoners.

Walnut Street Jail - constructed in 1776

- originally constructed as a detention jail in Philadelphia. It was converted into a state

prison and became the first American Penitentiary.

- closed down in 1835, largely due to politics, crowding, and lack of financial resources

Hospicio de San Michelle

- the first home for delinquent boys ever established

- Built by Pope Clement Xl in Rome for housing incorrigible youths under 20 years of
age.

Old New Gate Prison

- an abandoned copper mine located at Simsbury, Connecticut.

- Inmates are confined underground and was considered as a black holes of horrors,
which really belonged to the barbaric past.

- Today, this is a museum that belongs to the State of Connecticut.

Newgate Prison of New York

- a maximum security prison of the NY State Department of Correctional Services in the

town of Ossining, New York.

- Sing Sing was the third prison built by New York State. The first prison was built in
1797 in Greenwich Village and a second one in 1816 called Auburn State Prison.
Sing Sing Correctional Facility

 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 an
or suen in tmpru.

 Sing Sing was derived from the Indian words, "Sint Sinks" which translates to "stone
upon stone."

Alcatraz Prison

- opened in 1934, closed on March 31, 1963 for it was costly on operation. When it
closed, it has 260 inmates.

- now, a tourist destination in New York.

Fred T. Wilkinson - the last warden of Alcatraz Prison

James Bennet - director of Federal Bureau of Prisons who wrote about the closing of
Alcatraz Prison.

Australia

- the place which was a penal colony before it became a country.

- convicted criminals in England were transported to Australia, a colony of Great Britain

when transportation was adopted in 1790 to 1875.

Two Rival Prison System in the History of Corrections:

1. The New York / Auburn Prison System

- Constructed in 1816 as Auburn Prison, it was the second state prison in New York
(after New York City's Newgate, 1797-1828), the site of the first execution via electric
chair in 1890.
- also known as the "Congregate System "or "silent system," because inmates were
prohibited from talking or even looking at one another.

- (1821) Elam Lynds, warden at Auburn, establishes congregate system, in which

inmates eat and work together during the day, experiencing isolation only at night.

2. The Pennsylvania Prison System (1790)

- also known as the "Solitary System"

- Prisoners are confined in single cells day and night where they lived, slept, ate and
receive religious instructions. Complete silence was also required.

- Prisoners are required to read the bible

THREE PRIMARY SCHOOLS OF PENOLOGY/CORRECTIONS

CLASSICAL SCHOOL OF THOUGHT

 Founded by Cesare Beccaria and Jeremy Bentham

 Concept of free will

 Every man is responsible of his own act.

 Crime can only be expiated by punishment.

 Advantages: easy to administer, eliminates arbitrary sentences

 Disadvantages: unfair treatment, unjust, it does not individualize treatment

 became the main advocate of the Classical School of Criminology through their
proposed "Utilitarian Hedonism".

1. Hedonism (Bentham) - the belief that people choose pleasure and avoid pain.

2. Utilitarian Hedonism - this theory explains that a person always acts in such a way
as to seek pleasure and avoid pain.

3. Freewill (Beccaria) - a philosophy advocating punishment severe enough for

 people to choose or to avoid

NEO CLASSICAL SCHOOL OF THOUGHT

 Founded by social scientists who argued that there are situations that makes
freewill impossible to exercise.

a. children and lunatics should be excused and not be regarded as criminals and

b. punishment must consider mitigating and aggravating circumstances

 Enhanced the principles of classical

 Justifying - justifying the act

 Exempting - mentally disturbed, minors, etc.

 Mitigating - pagpapababa ng sentence

 Aggravating - pagdagdag ng penalty

 Alternative circumstances - mitigate/aggravate

Exempt the minors in criminal liability. Age of responsibility: 15 years old.

Some adults commit crime because they are not free to choose.

ITALIAN/POSITIVIST SCHOOL OF THOUGHT

- the primary personalities/proponents of this school are

1. Cesare Lombroso and his two students,

2. Enrico Ferri and

3. Rafaele Garofalo

Note - they are also known as the "HOLY THREE OF CRIMINOLOGY"

Cesare Lombroso- Atavistic Stigmata - born criminals/ born with criminal instinct
3 CLASSES OF CRIMINAL ACCORDING TO LOMBROSO

 Born Criminal - has physical features of criminal

 Insane criminals - idiots, imbecile

 Criminoloids- has mental makeup of criminal. Displays anti-social conduct.

ENRICO FERRI - introduced social factors why people commit crime

Geographical, Climate, Temperature

Anthropological factors - psychological.

Social Factors - economic, political, religion, education

GAROFALO - introduced scientific study of crimes and criminals

The positivists

- maintained that crime as any other act is a natural phenomenon and is comparable to
disaster or calamity.

- believed that imposition of punishment couldn't deter and treat crimes but rather
rehabilitation or the enforcement of individual measures.

MODERN CLINICAL SCHOOL

 The study should be focused on the criminal and not on the crime.

 Interested on the personality of the criminal

 Emphasized social psychology - interaction of individual to group of people. Healthy

relationship should be maintained and intellectual integrity.

 Biological inheritance of criminal behavior