REVIEWER INSTITUTIONAL CORRECTION

CREATED BY: RYAN N. RAMIL (FOR THE PURPOSE OF REVIEW AND NOT
CHEATING)
NOTE: THOSE WHO USE THIS FOR CHEATING DESERVES A SLAP ON THE
FACE :)

CHAPTER 1

5 PILLARS OF THE CLJ

 LAW ENFORCEMENT
 PROSECUTION
 COURT
 CORRECTION
 COMMUNITY
INMATE= PDL (PERSON DEPRIVE OF LIBERTY)
 CORRECTION= the weakest pillar
 REASON= OVERCROWDING, LACK OF REFORMATION CENTER, UNDER
FUNDING, LACK OF REHABILITATION PROGRAM, CORRUPTION
TYPES OF INSTITUTIONAL CORRECTION
Institutional correction
 in the Philippines is the process of confining, correcting, and
rehabilitating people who have been charged with or convicted
of crimes. The government, civil society, and business sector are all
involved in this process.
Non-institutional correction = Community-based correction
 in the Philippines is a community-based correction that allows
convicted offenders to serve their sentence outside of prison. The goal
is to reintegrate offenders into society while holding them accountable
for their actions
The Therapeutic Community Modality Program (TCMP)
  is a self-help treatment program in the Philippines that helps people
with behavioral issues and drug abuse community help the offender to
change their behavior (example: offering job opportunities)

Nullum crimen nulla poena sine lege (no crime, no punishment without law).
ANARCHY – PLACE WITHOUT LAW
PHILIPPINE – IS A DEMOCRATIC COUNTRY

CODE OF HAMMURABI- Focused on lex talionis (The law of retaliation)

Penology – originated from the latin word poena (penalty)
- Francis Lieber
Correction – is a branch of administration of the criminal justice system in
charge with the responsibility of custody, supervision and the rehabilitation of
the convicted offender
Penology – refers to the study of the punishment, management of other
confinement unit (broad

ANCIENT TIMES
 The Code of Hammurabi (circa 1750 BC, Babylon) was one of the most
well-known early legal codes.
 Ruler of Babylon = Hammurabi
 Stele = Large stone which the Code of Hammurabi was written ( a total
of 282 laws)
 Hammurabi – Shammash (The god of justice)
 The scepter - represents the authority to rule and enforce laws, while
the ring - is a symbol of legitimacy and the god's divine approval.
Example of the laws in the Code of Hammurabi
1. Law no. 21 Breaking in – If a man breaks in to a house they shall kill him
from that very moment
  lex talionis ("law of retaliation"), where punishment was based on
vengeance and often carried out by the victims.
 Eye for an eye tooth for a tooth

EARLY MODERN EUROPE

 Some Ancient Greek philosophers, like Plato, introduced the idea of
using punishment to reform offenders rather than just seeking
vengeance.
 Initially, imprisonment was used for those who could not afford to pay
fines.

The Romans used various structures to detain prisoners, including:

 Metal cages
 Basements of public buildings
 Quarries

 The Mamertine Prison – earliest prison (established around 640 B.C.)

was located in a sewer system beneath ancient Rome and contained
dungeons with subhuman conditions.
 Forced labor was a common punishment, with prisoners often held in
 Ergastula = (primitive prisons where they were chained or forced into
hard labor). (Cave or house)

MIDDLE AGES TO THE 17TH CENTURY

 Galleys = long low narrowed single dock ship boat (chained prisoners
were used as the sailors to move the boat and transportation of
criminals)
 Hulks = abandoned boat also called “Floating Hells” (warships used to
house prisoners in 17th century and 19th century)
 Gaols = Jails (primitive detention) use to pretrial, detention, facilities
operated by an English sheriff in England in 18th century
 Ordeal = Trial by Ordeal (Substitute for trial until 13th century)
 Charlemagne = Bishops ( gives them the power to act as real judges)
  Punishment methods in early modern Europe (Spierenburg, 1998)
included:
 Physical punishments: Capital punishment, mutilation, whipping
(Flagellation) , and branding.
 Non-physical punishments: Offenders were put in stocks, immobilized
in public places for humiliation.

 Bridewell House of Corrections - located at Bridewell palace in

(London): those houses held mostly petty offenders, vagrant, homeless
and local poor trouble makers (served also as hospital)
 Inmates were given jobs and taught skills to work for a living.
 By the late 17th century, these houses were absorbed into local prison
systems managed by Justices of the Peace.

MODERN ERA

PURPOSE OF MODERN CORRECTION

 RETRIBUTION = personal vengeance (human freewill)

 DETERRENCE = states wants to protect society by reducing crime and
isolating and segregating criminal through imprisonment
 REHABILITATION = individualize treatment (restoring normal life)
 ISOLATION = segregation of criminal from society to prevent the
occurrence of crime and protecting the public from harm
 REFORMATION = punitive and disciplinary measures
 REINTEGRATION = effort of correction to return the offender to the
society as productive and law abiding citizen

 Contradictory penal philosophies influenced reform movements:

 Deterrence theory: Prisons were a humane substitute for corporal
punishment but should be harsh enough to instill fear in potential
offenders.
 Rehabilitation theory: Prisons should reform offenders by teaching
morality and proper behavior, influenced by religious beliefs.
PENAL COLONIES AND PRISON SHIPS

 Penal colonies were used as an alternative to the death penalty in the

British Empire.

 Louisiana = in the early 18th century. (toughest penal colonies) Devil’s

Island (1852–1946), known for extreme cruelty.

 Convicts replaced African slaves for hard labor.

 Inmates were crammed 80 per steel cage, fighting for food and space.
 Prison ships (hulks) were used in England as penal transportation
declined in the late 18th century.
 Conditions were appalling but reinforced the idea that mass
imprisonment with labor was an effective punishment.
 Early 1800s: The first state prisons and correctional facilities were
established, marking the beginning of the modern prison system.

PRISON REFORM MOVEMENT

 John Howard, High Sheriff = of Bedfordshire, was a key figure in early

prison reform.
 published The State of Prisons in England and Wales (1777).

 Penitentiary Act (1779) – Four Key Principles:

 Abolition of jailer’s fees.
 Regular prison inspections.
 Provision of clean facilities.
 Emphasis on reforming inmates (Welch, 2004)

 Quakers = (a religious movement after the English Civil War) also led
prison reform efforts.
  Gained support from the middle class and recruited members from
prisons.

 Elizabeth Fry, = a Quaker prison reformer, wrote about the horrific

conditions at Newgate Prison (Angel Prison)
 The women’s section was overcrowded, with women and children
cooking, washing, and sleeping on straw in small cells.
 Founded a prison school (1816) for children imprisoned with their
parents.
 Helped establish the Association for the Reformation of Female
Prisoners (1817). (Welch, 2004)

DEVELOPMENT OF MODERN PRISON

 Jeremy Bentham = father of utilitarianism

 Created the Panopticon Prison ( circular structure with an Inspection
House at the Center )

________________________________________________________________

 London was the foundation of the modern prison system.

 Jeremy Bentham's panopticon influenced prison design:
 A circular structure with an "inspection house" at the center.
 Allowed staff to observe inmates stationed around the perimeter.
 Became the basis for modern prison architecture focused on control
and surveillance.

 Shift in prison purpose:

 Prisons became places for punishment and rehabilitation, not just
temporary holding cells before trial or execution.
 This idea was revolutionary and appealed to reform-minded politicians
and intellectuals.
  19th-century penal changes:
 Capital punishment was reduced for many crimes.
 By the mid-19th century, imprisonment replaced the death penalty for
most serious offenses except murder.

Other Milestones in Prison Development

 1816: Millbank Prison

 First state prison in England, housing fewer than 1,000 inmates.

 1823: Robert Peel's Gaols (Jail) Act

Gaols = pre trial on some facilities during 18th century
 Introduced regular chaplain visits to prisoners.
 Ensured payment of jailers (eliminating reliance on prisoner fees).
 Prohibited manacles and irons as punishment.

 1824: Disciplinary Reforms

 54 prisons adopted the disciplinary system promoted by the Society for
the Improvement of Prison Discipline (SIPD) of London.

 1840: Decline of Penal Transportation

 Sending prisoners to Australia and using prison ships started to
decrease.

 Joshua Jebb, Surveyor-General of Convict Prisons, launched a program

to build one large prison per year.

 1842: Pentonville Prison Opened = inmates are categorized female to

male (adult to male)

 Italy (1861): Repressive prison system = which means there is no due

process The government modernized criminal punishment, focusing on
discipline and crime prevention. (Gibson, 2009)
  Cesare Lombroso = father of modern criminology (medical doctor &
scholar)
 Studied the link between criminals' physical/mental traits and
behavior.
 Contributed to advanced penology in Italy.

PENOLOGY REFORMS IN THE UNITED STATES

 1786: Pennsylvania System

 All convicts (except those sentenced to death) were forced to work on
public projects (e.g., roads, forts, mines).
 Criticized as cruel, degrading, and ineffective in reducing crime.

 Dr. Benjamin Rush

 Advocated for secluded "houses of repentance" to continue forced
labor but away from public view.
 Prisoners would endure physical pain, hard labor, and solitude but have
cleaner facilities and basic food. (McClennan, 2008)

 1790: The Pennsylvania System = (Separate System)

 Pennsylvania converted Walnut Street Jail (Philadelphia) into a state
prison based on solitary confinement.
 Prisoners were:
 Placed in individual cells with only religious literature.
 Forced into complete silence to reflect on their sins. (Murty, 2004)

 Newgate State Prison (Greenwich Village, NY) also adopted this model.
(Lewis, 2009)

Other states followed suit.

 1820: Legal Reform Under Scrutiny

 No clear crime reduction or prison improvements were observed.
 Prisons remained overcrowded, alcohol was common, and inmates
rioted and attempted escapes.
  Alexis de Tocqueville French Historian visited and later wrote
Democracy in America. (Bosworth, 2002)

 WALNUT STREET considered the first PENITENTIARY (REMORSE) in the

country

 EASTERN STATE PENITENTIARY

= most expensive
= castle like gothic architecture by British Architect John Haviland
= houses big time criminals like (Al Capone = also known as Scar face)
= known for its Wagon wheel design = one guard to view seven cell

 AUBURN SYSTEM
= Prisoners are marching ??
= (LOCKSTEP) Marching in single file placing the right hand on the shoulder of
the man ahead and facing towards the guard
 The Auburn System (New York)
 Developed as a more rehabilitative approach:
 Prisoners were kept in separate cells.
 Strict silence was enforced during meals and work.
 Adopted by most states, becoming a highly influential model.

 ELMIRA SYSTEM
= Intended on young felon
= innovated by Zebulon R Brockway= Father of Prison Reform and Father of
American Parole
= Mark System = developed in Australia by Alexander Maconochie
= MARK SYSTEM = Inmates were awarded credits or reward for good
behavior lessens the sentence of an inmate

INMATES WERE CLASSIFIED IN THREE GRADES

1ST GRADE = MOST RESPONSIVE OR COOPERATIVE

2ND GRADE = NEWBIE 6 MONTHS IN PRISON
3RD GRADE = LESS RESPONSIVE
THE PADDLER BROCKWAY system that eventually resulted in the transfer of
several prisoners to mental asylums cause some to question the reformatory
system

TWO REASONS WHY ELMIRA IS INFLUENCIAL

1. DIFFERENTIATING BETWEEN JUVENILE AND ADULT OFFENDER

2. ACKNOWLEDGING THE POSSIBILITY OF PRISONER REHABILITATION

ELMIRA PROVIDED LECTURE FOR THE INMATES CCC Corning Community

College only for 2 years and was stopped because of arguments due to taxes

SIGNIFICANT TRENDS IN THE DEVELOPMENT OF

CORRECTIONS
1 Age of Reformation = replaced corporal punishment, exile and physical
disfigurement with penitentiary – remorse

2. Age of Rehabilitation = Criminals are suffering from sickness / Therapy

aimed at healing maladjustment ( assumed that criminals were handicapped
persons suffering from mental or emotional deficiency )

3. Age of Reintegration = Community helps ex-convicts to adjust their life in

the society in which helps regulates his opportunities

PERIOD OF TRANSITION
Alcatraz Prison = (THE ROCK PRISON) Houses many notorious criminals was a
maximum security federal prison located in Alcatraz Island in San Francisco
Bay California 1934-1963

Lock Psychosis = Developed in the Age of Rehabilitation – practice

incarcerating individual experiencing psychosis

Incarcerate = in prison
Non incarcerate = outside prison (community based)

Convict Bogey = Use to describe the fear of ex-convict and convict

exaggerated by society
 CHAPTER 2
Institutional Correction = also referred to as penology or penal science

Penology = the philosophy practices of society in its efforts to repress

criminal activities

Correction = custody, supervision and rehabilitation of a convicted offender

Concept of Correction = incarcerating of person as punishment made to be

humanitarian

Objective of Correction = isolation (keep criminals away from society)

Correction as a Process = No person shall be deprived of liberty, property

without due process of law

BASIC LEGAL DOCTRINES

Pro Reo =This is consonance with the fundamental rule that all doubts shall
be constructed in the favor of the accused
 In Dubio Pro Reo = When in doubt then rule/ favor for the accuse
 Rule of Lenity =

Nullum crimen nulla poena sine lege = there is no crime when there is no law
punishing it

Common law = generally uncodified, based on precedent, judge determines

the decision based on the jury’s verdict

Civil law = codified, pertains to anything that is civil

Actus non facit reum, nisi mens sit rea = that act cannot be criminal when the
mind is not criminal

 Felony if it is characterized by dolo (with malice or deliberate intent)

 Not Felony if It is characterized by culpa (without criminal intent)
 ACTUS REUS = THE ACT ITSELF
 MEANS REA = THE GUILTY STATE OF MIND OR CRIMINALITY
SCHOOL OF THOUGHT ON CRIMINAL LAW

A. CLASSICAL OR JURISTIC PHILOSOPHY

 Criminal acts are the products of a man’s free will
 Doctrine of Psychological Hinduism
 Retribution = Code of Hammurabi (eye for an eye tooth for a tooth

B. POSITIVIST OR REALISTIC PHILOSOPHY

 Penalty is reformation
 Sick person needs rehabilitation and not punishment

C. ECLECTIC OR MIXED PHILOSPPHY

 Combines both Positivist and Classical Thinking

Goals of Criminal Justice

1. To protect Individual and Society
2. To reduce crime by bringing offenders to justice
3. To ensure the security of people

BASIC COMPONENTS
1. LEGISLATIVE = create law, define crimes, determine sentences
2. COURTS = Handle Adjudication or trial process
3. CORRECTION = Cover probation, parole,jail
 Electronic monitoring = House arrest

CRIMINAL JUSTICE SYSTEM IN THE PHILIPPINES

Law enforcement
Prosecution
Court
Correction
Community
DIVERSION PROGRAM = Community based correction program
 Criminals are diverted into a community correctional program for
treatment to avoid the stigma of incarceration

THE WEDDING CAKE MODEL = divides the CJS into four different categories
1. CELEBRATED CASES = celebrities and high-ranking officials
2. SERIOUS FELONIES = non bailable cases
3. LESSER FELONIES = nonviolent and some drug cases
4. MISDEMEANORS = least serious crimes such as minor theft

THE CRIME CONTROL MODEL = focuses on reducing the crime in the society
 PATROL = considered as the backbone of the Philippine Organization

DUE PROCESS MODEL = focuses on the individual liberties and rights and is
concerned with limiting the powers of government

COMMUNITY POLICING = collaboration between the police and community in

identifying and solving community problems