Ca 2
Ca 2
Ca 2
There is now a principle in Non-institutional Correction that works for the reintegration of convicted individuals
to society which is known as restorative justice. What Restorative Justice advocating is the alteration of the
behavior of convicts through the use of holistic but non-incarcerate methods of rehabilitation, Braithwaite (1900-
1990). It is like helping the convicts to enter the society in a way where they can be accepted by the sciety. This
system has its impact on the society in general as well, as it helps the society understand and accept the fact that
convicts are also a part of the society. (EzineArticles.com)
Community-Based Correction Programs
1, Probation - Is a disposition, under which a defendant after conviction and sentence, is released subject to the
conditions imposed by the Court and to the supervision of a probation officer.
2. Parole- A conditional release from prison of a convicted person upon service of the minimum of his
indeterminate penalty.
3. Pardon- A form of executive clemency which is exercise exclusively by the Chief Executive. Pardon may be
given conditionally (conditional pardon) or unconditionally (absolute pardon). For the purpose of Non-
Institutional Correction. it is the Conditional Pardon with parole conditions is under consideration.
Conduct investigations of all cases in relation to parole, probation and pardon Responsible for the supervision of
all parolees, probationers and conditional pardon grantees
2. Board of Pardon and Parole (BPP)
Authority in granting parole Responsible for recommending the grant of pardon and executive clemency to the
president
3. Department of Social Welfare and Development (DSWD)
Handling cases of Child in Conflict with the Law (CICL)
C. Benefits of Community-based Corrections
1. Strengthening family ties through avoidance of broken family relationships- The Treatment and
rehabilitation of convicted offender is done outside the institutional Facilities hence, family members will not
suffer broken family due to imprisonment of one of its member;
2. Prevention of Influence Contamination -Putting convicted felon to prison may expose him to hardened
criminals who might influence him to be a more hardened criminal than before;
3. Engagement of Community Involvement - Rehabilitation can be more effective with the help of the
members of the community;
4. Assurance of Individualized Treatment Approach - These programs provide individualize treatment
program for the convicts which is if not available, it is hard to attain in correctional institution;
5. It is more economical than institution-based correction on the part of the
Government.
D. Purposes
1. Facilitating Convicts Reintegration;
2. Fostering Convicts Rehabilitation;
3. Providing an Alternative Range of Convicts Punishment
4. Heightening Convicts Accountability
E. Functions
1. Client monitoring and supervision to ensure program compliance
2. Ensuring public safety
3. Employment assistance
4. Individual and group counseling
5. Educational training and literacy services
6. Networking with other community agencies and business
7. Reducing jail and prison overcrowding
Lesson Proper for Week 2 (Ca2)
COMMUNITY-BASED CORRECTION AS SOLUTION TO INMATES CONGESTION IN JAILS AND
PRISONS
PROBATION
Definition
Probation as a term was derived from the Latin verb "probare" which mean to prove or to test, which was coined
by John Augustus. The law defined probation as a disposition, under which a convicted individual is released
subject to the conditions imposed by the Court and to the supervision of a probation officer
1. As a system of instruction- The probationer will be placed under the supervision of probation officer who
shall be directly in charge of supervising and monitoring the progress of the rehabilitation program based on the
conditions imposed by the court. Such control of the court shall be considered continuing in character until such
time that the court orders the discharge from probation of the convict.
2. Suspended Imposition of Sentence- Probation consists of the conditional suspension of the execution of
sentence while the convict is placed under supervision and is given individual guidance and treatment programs.
3. Provision for Individualize Treatment Program - The basic purpose for probation is to provide an
individualized treatment program offering a first time or unhardened convict as an opportunity to be rehabilitated
without institutional confinement or imprisonment, under the tutelage of a probation officer and under the
continuing power of the court to impose institutional punishment for his original offense in the event that he abuse
such opportunity, and courts have a wide discretion to accomplish such intent.
Predecessors of Probation
1. Money Compensation- which is a precursor of our use of fines and restitution today, introduced by the
Laws of Babylon, Greece and Rome, for those crimes which did not affect the safety of the state. Slaves having
nothing of value to offer as compensation received unmitigated cruel punishments.
2. Cities of Refuge- sanctuaries where the accused was safe pending an investigation of his criminal
responsibility, introduced by the Jewish law for those who killed without premeditation. The Jews also gives
some consideration for the individual in lesser penalties for impulsive offenses than for planned murder.
3. Benefit of the Clergy -seems to be the earliest device for softening brutal severity of punishment. Dating
back to reign of Henry II in the 13h century, it originated in a compromise with the Church which had maintained
that a member of the clergy brought to trial by a King's Court might be claimed from that jurisdiction by the
bishop or chaplain representing him, on the ground that he, the prisoner, was subject to authority of the ecclesiastic
courts only.
Note: The benefit resulting from this compromise which maintained jurisdiction in the King's Court was greater
leniency in sentencing and particularly escapes from death penalty.
4. Judicial Reprieve- a temporary wit holding of sentence, practiced by the English Court in the early I7
century, where they grant reprieves to prisoners under sentence of death on condition that they accept
deportation/transportation
5. Banishment - any description of the treatment of crime in England must include the system of
transportation to her colonies, which grew from the ancient practice of banishment and flourished for more than
200 years as a principal method of disposing of offenders.
6. Recognizance- the direct ancestor of probation, means "binding over for good behavior. " An ancient
practice developed also in England in the 14th century originated as a measure of preventive justice, involving an
obligation or promise sworn to under court order by a person not yet convicted.
Note: Sureties or bail were usually required and the person who stood surety had the power and the duty to enforce
the conditions and return the offender to court if he committed an offense during the specified period or failed to
comply with other conditions of his release
B. Evolution of Probation
· Harsh punishments were imposed on adults and children alike for offenses that were not always of a serious
nature during the middle Ages. Sentences such as branding. Flogging, mutilation, and execution were common.
During the time of King Henry VIII, for instance, no less than 200 crimes were punishable by death, many of
which were minor offenses.
· This harshness eventually led to discontent in certain progressive segments of English society that were
concerned with the evolution of the justice system. Slowly but resolutely, in an effort to mitigate these inhumane
punishments, a variety of measures were devised and adopted.
Royal pardons could be purchased by the accused; activist judges could refrain from applying statuses or opt for
a lenient interpretation of them; stolen property could be devalued by the court that offenders could be charged
with a lesser crime. Also, methods such as benefit of clergy, Judicial reprieve, sanctuary, and abjuration offered
offenders a degree or protection from the enactment of harsh sentences.
· Eventually, the courts began the practice of "binding over for good behavior, form of temporary release
during which offenders could take measures to secure pardons or lesser sentences. Controversially, certain courts
began suspending sentences.
· In the United States, particularly in Massachusetts, different practices were being developed. "Security for
good behavior," also known as "good aberrance," was much like modern bail. The accused paid a lee as collateral
for good behavior Filing was also practiced in cases that did not demand an immediate sentence, Using this
procedure, indictments were "laid on file" or held in abeyance. To mitigate unreasonable mandatory penalties,
judges often granted a motion to quash based upon minor technicalities or errors in the proceedings. Although
these American practices were precursors to probation, it in the early use of recognizance and suspended sentence
that are directly related to modern probation.