Module 6

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MODULE 6: PENOLOGY AND CORRECTION

Topic learning outcome: at the end of the lesson, you should able to:
Discuss the concept of correction, define its meaning purpose and objective
Identify and distinguish institutional correction and non-institutional correction

Enabling activities: Say something

1. Distinguish penology to correction

Topic 1: INTRODUCTION

PENOLOGY/CORRECTIONS

OBJECTIVES:

At the end of the chapter, students should be able to:

l. discuss the concept of corrections, define its meaning, purposes and objectives

2. identify and distinguish institutionalized corrections and non-institutionalized corrections

3. familiarize Philippine prisons and jails and other special institutions and facilities

The Social Contract between men and the State has for its main object the maintenance of peace
and order in a society through the mandate of law and enforced by the State to achieve regulated behavior
of man. When one is suspected to have been violating the law, the state reacts to this violation through
arrest, investigation and legal process. Its main purpose is for the corrections of undesirable behavior.

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Following the "social contract theory", the state provides protection and safety to its people,
provided that men shall surrender some of their liberties in return for such protection. Men should comply
and obey rules and regulations set up by the state, least, the state reacts to the violation in the form of
punishment.

Penology/corrections is a social control by which endeavors are undertaken to understand the


nature of crime and to devise more effective methods of deterrence and treatment of convicted individuals.

In the old concept of penology, a violator must be punished for the breach of social contract, while
in the modern concept, a violator must be corrected of his undesirable behavior through correctional
process so that by the time he is released from the correctional institution he could re-integrate
himself/herself to the society as one fitting individual In addition, the process of restorative justice is
exercised by correctional authorities to fully heal the trauma of crime experienced by both the victim and
the offender.

In the Philippines, the agency that is charged of custody, supervision, and rehabilitation of the
convicted offender is the Bureau of Corrections and Penology. On the other hand, the Child Welfare Code
of the Philippines (P.D. 603) provides protection to exploited children and

R. A. 9344 (AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE


SYSTEM. CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT
OF JUSTICE) protects and rehabilitate children in conflict with the law through diversion and intervention
programs.

TERMS DEFINED

PUNISHMENT - the term is derived from a Latin word "paenitentia" which means the infliction of some sort
to the offender. Under the legal concept, punishment would mean redress that the State takes against an
offending member for violating the law"

It is also the penalty imposed of an offender for a crime or wrongdoing.

PENOLOGY- is study of punishment of crime and criminal offender. It includes the study of control and
prevention of crime through punishment of criminal offenders.

The term is derived from the Latin word “POENA” which means pain or suffering.

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CORRECTIONS -The term "corrections" when defined as an entity/unit is referred to as, that part of the
criminal justice system which seeks to prevent repeated criminal behavior at the same time that It is
attempting to deal with the underlying causes which are deeply embedded in our social system; it also
means;

That branch of the administration of the criminal justice charged with the responsibility for the custody,
supervision, and rehabilitation of the convicted offender.

CICL - an acronym for Child- In- Conflict- With the Law as defined in R.A. 9344; refers to child who is
alleged as, accused of, or adjudged as, having committed an offense under Philippine laws

CORRECTIONAL PROCESSES

Correctional process is a means by which the government deals with offenders.


Correctional process given to the offender is often commensurate with the offense committed. When the
offender is a threat to the security and safety of the people in the community, then, he must be placed in a
correctional institution such as jail or prison and other special institutions and facilities. The process is
known as institutionalized process or Institutional Correction.

Another correctional process available for offenders is the non-institutionalized process. In this
process, the offender is given correctional programs of reformation activities, (usually a community-based
program), which should be complied directly within the community where he resides.

Prisons are places of confinement for those who are serving prison sentence of more than 3 years. A
prison is administered by the national government The Philippine Prisons are as follows:

Old Bilibid Prisons,

New Bilibid Prisons,

San Ramon Prison and Penal Farm,

Iwahig Penal Colony,

Sablayan Penal Colony

Correctional Institution for Women

Davao Penal Colony

Leyte Regional Prison

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Correctional Institution for Women

1. Community Institution

● Probation

● Parole

● Alternative Program for CICL

CORRECTIONAL PROGRAMS

Correctional programs are programs prepared and devised by the correctional institutions in a manner
that the offender shall be reformed or rehabilitated of his behavior. The approach of the programs are
individualized based on what the offender needs in order to fully correct his behavior.

Also, the approach of these programs is to prepare for the offender for re-integration into the society.

The following are some of the rehabilitative programs:

● Recreational

● Religious/Spiritual

● Educational/Vocational

● Agro/lndustrial

SIGNIFICANCE OF COMMUNITY-BASED CORRECTIONS

1. Humanitarian aspect

-in subjecting someone to custodial coercion is to place him in physical jeopardy and drastically
narrow his access to sources of personal satisfaction and reduce self-esteem. The law violator is spared of
the trauma of being in prison and the goals of reformation might be successful when it is carried out by
institutionalized corrections.

2. Restorative aspect

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- refers to the principle which requires a process or resolving with the maximum involvement of the
victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the
offender that he/she can be reintegrated into society. It also enhances public safety by activating the
offender, the victim and the community in prevention strategies.

3. Administrative aspect
- law violators can be more productive correctional when shifted from custodial control to
community-based programming. Community-based correction method is one way to condescending our
penal institutions and convicts become tax contributors rather than tax-eaters.

OBJECTIVES OF THE RULE ON


JUVENILES IN CONFLICT WITH THE LA W

RA. 9344 is an Act which established a comprehensive juvenile justice and welfare system creating
the juvenile justice and welfare council under the Department of Justice.

UNDER R. A. 9344, A CICL (Child In Conflict with the Law), is "treated differently from an adult offender,
and before he is brought into the Criminal Justice System, care must be taken that correct procedure is
observed particularly by the law enforcer and the social worker who have initial contact with the CICL.

The Juvenile system Act states it "should treat in conflict with the law in a manner that upholds their human
dignity and worthy and instill in them respect for the fundamental rights and freedom of others".

To achieve this objective, the rule seeks to:

1) Provide procedure in the adjudication of juveniles

2) Divert from the justice system

3) Deal with the juvenile in a family environment

4) Remove the stigma of criminality

5) Provide for care, protection, and wholesome moral, mental and physical development of juveniles
in conflict with the law (Best interest of the Child).

HOW DOES THE JUVENILE JUSTICE SYSTEM TREAT CICL ON THE PROCESS?

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1) Primary goal is to guide and help, rather than punish

2) Focus on the offender rather than the offense

3) More informal and less adversarial

4) used less sensitive

5) More privacy

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