Correctional Administration 1 - CORAD 1 - LECTURE NOTES - BACHELOR OF SCIENCE IN CRIMINOLOGY PDF

Preview

Summary

I. BASIC DEFINITION OF TERMSPENOLOGY- The study of punishment for crime or of criminal offenders. 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. - It is otherwise know...

Description

CORRECTIONAL ADMINISTRATION (INSTITUTIONAL CORRECTION) I.

BASIC DEFINITION OF TERMS

PENOLOGY - The study of punishment for crime or of criminal offenders. 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. - It is otherwise known as Penal Science. It is actually a division of criminology that deals with prison management and the treatment of offenders, and concerned itself with the philosophy and practice of society in its effort to repress criminal activities. - Penology has stood in the past and for the most part, still stands for the policy of inflicting punishment on the offender as a consequence of his wrongdoing.

-

II.





Note: Penology was also derived from the Latin word “POENALIS” which means Punishment. PENAL MANAGEMENT - Refers to the manner or practice of managing or controlling places of confinement as in jails or prisons. CORRECTION - A branch of Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders. - It is that field of criminal justice administrations which utilizes the body of knowledge and practices of the government and the society in general involving the processes of handling individuals who have been convicted of offenses for purpose of crime prevention and control. - It is the study of jail/prison management and administration as well as the rehabilitation and reformation of criminals. - It is a generic term that includes all government agencies, facilities, program, procedures, personnel, and techniques concerned with the investigation, intake, custody, confinement, supervision, or treatment of alleged offenders. CORRECTION AS A PROCESS - Refers to the reorientation of the criminal offender to prevent him or her from repeating his deviant or





III.

The study and practice of a systematic management of jails or prisons or other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders. CORRECTION AND THE CRIMINAL JUSTICE SYSTEM The Criminal Justice System is the machinery of any government in the control and prevention of crimes and criminality. It is composed of the pillars of justice such as: the Law Enforcement, Prosecution, the Court, Correction, and the Community Pillar. Correction as one of the Pillars of Criminal Justice System is considered as the weakest pillar. This is because of its failure to deter individuals in committing crimes as well as the reformation of inmates. This is evident in the increasing number of inmates in jails or prisons. Hence, the need of prison management is necessary to rehabilitate inmates and transform them to become law-abiding citizens after their release. Correction is the fourth Pillar of the Criminal Justice System. This Pillar takes over once the accused, after having been found guilty, is meted out the penalty for the crime he committed. He can apply for probation of he could be turned over to a non-institutional or institutional agency or facility for custodial treatment and rehabilitation. The offender could avail of the benefits of parole or executive clemency once he has served the minimum period of his sentence. When the penalty is imprisonment, the sentence is carried out either in the municipal, provincial, or national penitentiary depending on the length of the sentence meted out. HISTORICAL PERSPECTIVE ON CORRECTIONS

IMPORTANT DATES AND EVENTS IN THE HISTORY OF CORRECTIONS: 

13th Century Securing Sanctuary- In the 13th Century, a criminal could avoid punishment by claiming refugee in a church or a period of 40 days at the end of which time he has compelled

delinquent actions without the necessity of taking punitive actions but rather the introduction of individual measures of reformation.

to leave the realm by a road or path assigned to him. 

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

CORRECTIONAL ADMINISTRATION 1 by:

KATHERINE ROSE C CORTEZ, RCRIM Compiled



 

16th Century- Transportation of criminals in England was authorized. At the end of the 16th Century, Russia and other European Countries followed this system. It partially relieved overcrowding of prisons. Transportation was abandoned in 1835. 17th Century to Late 18th CenturyDeath Penalty became prevalent as a form of punishment. Piracy act of 1717- It was an act of the parliament of Great Britain that established a 7 years penal transportation to North America as a possible punishment for those convicted of lesser felonies.

GAOLS (Jails) - Pretrial detention facilities operated by English Sheriff. 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. HULKSDecrepit transport, 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 prisoners. They were also called “Floating hells”. THE PRIMARY PENOLOGY

SCHOOLS

OF

1. The Classical School- It maintains the “Doctrine of Psychological Hedonism” or “Freewill” that the individual calculates pleasures from pain in advance of his action and regulates his conduct by the result of his calculations. 2. The Neo-classical School- It maintained that while the classical doctrine is correct in general, it should be modified in certain details. Since children and lunatics cannot calculate the differences of pleasures from pain, they should not be regarded as criminals; hence they should be free from punishment. 3. The Positivist or Italian SchoolThe school that denied individual responsibility and reflected nonpunitive reactions to crime and criminality. It adheres that crimes, as any other act, is a natural phenomenon. Criminals are considered as sick individuals who need to be treated by treatment programs rather than punitive actions against them. IV.

THE EMERGENCE SECULAR LAW

OF

laws were St. Augustine and St. Thomas Aquinas. Four Laws were distinguished: 1. External Law (Lex Externa) 2. Divine Law (Lex Divina) 3. Natural Law (Lex Naturalis) 4. Human Law (Lex Humana) 

The Judean-Christian TheoryFully developed during the death of Christ in 30 A.D. This theory of expiation believes that punishment has a redemptive purpose of repelling sin advocated by the devil.

THE PRIMITIVE SOCIETY  Retaliation (Personal Vengeance) - The earliest remedy for a wrong act to any one (in the primitive society). The concept of personal revenge by the victim’s family or tribe against the family or tribe of the offender, hence “Blood feuds” was accepted in the early primitive societies.  Fines and Punishment- Customs have exerted effort and great force among primitive societies. The acceptance of vengeance in the form of payment (cattle, food, personal services, etc.) became accepted as dictated by the tribal traditions. As tribal leaders, elders and later kings came into power, they begun to exert their authority on the negotiations. Wrongdoers could choose to stay away from the proceedings (Trial by Ordeal) but if they refuse to abide by the law imposed, they will be declared to be an outlaw. EARLY CODES 1. Babylonian and Sumerian Codes a. Code of King Hammurabi (Hammurabic Code) - Babylon, about 1990 B.C., credited as the oldest code prescribing savage punishment, but in fact, Sumerian codes by King Ur Nammu were nearly one hundred years older. 2. Roman and Greek Codes a. Justinian Code- 6th C A.D., Emperor Justinian of Rome wrote his code of law. 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 but left a foundation of Western legal codes. b. Law of the Twelve Tables (Lex



2 by:

4th A.D. - Secular laws were advocated by Christian philosophers who recognizes the need for justice. Some of the proponents of these

Decemviri Tabulae) It represented the earliest codification of Roman Law incorporated into the Justinian Code. It is the foundation of all KATHERINE ROSE C CORTEZ, RCRIM Compiled

public and private law 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. c. Greek Code of Draco- In Greece, the Code of Draco, a harsh code that provides the same punishment for both citizens and the slaves as it incorporates primitive concepts (Vengeance, Blood feuds). d. Code of Solon- Amended the Law of Draco, a law that abolished Death Penalty, but not for Murder. 3. The Burgundian Code (500 A.D.)a 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 (Philippine Setting) 1. The Code of KalantiaoPromulgated in 1433, the most extensive and severe law that prescribes harsh punishment in Aklan and Panay Islands. 2. The Maragtas Code- By Datu Sumakwel of Ilo-Ilo. 3. Sikatuna Law- Bohol. EARLY PRISONS 1. Mamertine Prison (Carcere Mamertino)- The only early Roman place of confinement which is built under the main sewer of Rome in 64 B.C. -Other places of confinement in the history of confinement include FORTRESSES, CASTLES, and TOWN GATES that were strongly built against roving bands of raiders. 2. Bridewell Workhouse (1557)- The most popular workhouse in London which was built for the employment and housing of English Prisoners. 3. Wulnut Street Jail- Originally constructed as a detention jail in Philadelphia. It was converted into a state prison and became the first American Penitentiary. 4. Singsing Prison- The third prison built by the New York State. It is a maximum security prison inflicted aside from floggings, denial of reading materials and solitary confinement. The shower bath was a gadget so constructed as to drop a volume of water on the head of a

the shock and hyporthermia or sudden drop in body temperature. 5. Alcatraz (The Rock)- The prison is located on an island in San Francisco Bay. It was built for the military in the 1850’s and used by them, as a fort and a prison until 1933 when it passed to the Department of Justice through the recommendation if Dir. John Edgar Hoover and became a civil prison until it was closed in 1963 through the writings of James Bennet. -The hardest prison in history where number one public enemies are imprisoned like Al Capone. 6. Elmira Reformatory (The Hill)- It is considered as the forerunner of modern penology because it had all the elements of a modern system. Supt. Zebulon Reed Brockway is the Director of the Elmira Reformatory in New York (1876) who introduced certain innovational programs like the following: Training school type – Compulsory education of prisoners – casework methods – Extensive use of parole – Indeterminate sentence. Note: 1870-1880 is considered as the Golden Age of Penology. EARLY PRISONS IN THE PHILIPPINES During the Pre-Spanish period, prison system in the Philippines was tribal in nature. Village chieftains administered it. It was historically traced from the early written laws. Established in 1847 pursuant to Section 1708 of the Revised Administrative Code and formally opened by Royal Decree in 1865, the first Bilibid Prison was constructed and became the central place of confinement for Filipino Prisoners by the virtue of the Royal Decree of the Spanish Crown. In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of Prisons originally intended as a site for boys’ training school. Today, the old Bilibid Prison is now being used as the Manila City Jail, famous as the “May Halique Estate”. V. PUNISHMENT - Punishment is the redress that the state takes against an offending member of society that usually involves pain and suffering. - It is also the penalty imposed on an offender for a crime or wrongdoing. PENALTY AND THE MODERN PERIOD OF CORRECTION

locked naked offender. The force of icy cold water hitting the head of the offender caused so much pain and extreme shock that prisoners immediately sank into coma due to 3 by:

-

Penalty is defined as the suffering inflicted by the state against an offending member for the transgression of law.

KATHERINE ROSE C CORTEZ, RCRIM Compiled

Ancient Forms of Punishment 1. Death Penalty (Capital Punishment)- Affected by burning, beheading, hanging, breaking at the wheels, pillory and other forms of medieval executions. 2. Physical Torture (Corporal Punishment)- Affected by maiming, mutilation, whipping and other inhumane or barbaric forms of inflicting pain. 3. Social Degradation- Putting the offender into shame or humiliation. 4. Banishment or Exile- The sending or putting away of an offender which was carried out either by prohibition against coming into a specified territory such as an island to where the offender has been removed. 5. Other similar forms of punishment like Transportation and Slavery. METHODS OF DEATH PENALTY EXECUTED IN THE PHILIPPINES 1. GARROTE An iron collar attached upon a scaffold formerly used in Spain and Portugal. The convict is seated on the improvised chair with both hands and feet tied. Then, the victim’s neck is placed on the collar attached to it, finally, the iron collar is slowly tightened by the screw at the back chair by the executioner until the death convict is pronounced dead.

2. 3.

4.

5.

This method of execution was abolished in the Philippines by virtue of Act 451. MUSKETRY/FIRING SQUAD BEHEADING/DECAPITATION Derived from the Latin word “De” meaning From, and “Caput” meaning a Head. Instead of using an axe, the method employed is by use of a sword and the practice is widespread in China and Muslim States. HANGING Mostly, the execution is conducted at dawn. The executioner will place a cloth over his head. Steel weights are strapped to the legs of the death convict to ensure that he/she will die quickly. Then the rope will be placed around the neck of the convict, and finally, the platform will be removed. ELECTRIC CHAIR/SILIA ELECTRICA The Muntinlupa electric, which was originally used way back 1926, has claimed more than

Note: William Francis Kemmler is the first person to be executed by Electric chair in Buffalo, New York after he has been convicted by killing his common-law wife. 6. LETHAL INJECTION (INTRAVENOUS POISONING) While the 1987 Constitution abolished death sentence, however, Congress in 1996 passed RA 7659 as amended by RA 8177 that imposes death penalty for heinous crime by lethal injection

  

Components of chemicals in Lethal Injection: Sodium Thiopental- sleep inducing barbiturate commonly used in surgery to put the patient asleep. Pancuronium Bromide- a drug capable of paralyzing the muscles. Potassium Chloride- capable of stopping heartbeat within seconds, this is commonly used in Heart-bypass operations.

OTHER FORMS OF EXECUTION 1. STONING TO DEATH (LAPIDATION) 2. CRUCIFIXION 3. BURNING AT STAKE 4. PILLORY 5. FLAGELLATION 6. GUILLOTINE- Developed in 1972 by Dr. Joseph Ignacio Guillotin, a member of the French National Assembly, he proposed that all executions must be uniform and painless. 7. GAS CHAMBER 8. IMPALEMENT- Piercing by spear. EARLY FORMS OF PRISON DISCIPLINE 1. Hard Labor- Productive works. 2. DeprivationDeprivation of everything except the bare essentials of existence. 3. Monotony- Giving the same food that is “off” diet, or requiring the prisoners to perform drab or boring daily routine. 4. Uniformity- “We treat the prisoners alike”; “The fault of one is the fault of all”. 5. Mass Movement- Mass living in cell blocks, mass eating, mass recreation, mass bathing. 6. DegradationUttering insulting words or languages on the part of the prison staff to the prisoners to degrade or break the confidence of prisoners. 7. Corporal Punishment- Imposing brutal punishment or employing physical force to intimidate a delinquent inmate.

seventy (70) offenders convicted of capital offenses since its installation four (4) decades ago.

4 by:

8. Isolation or Solitary Confinement (Bartolina)Non-communication, limited news, “the lone wolf”.  BJMP- 1 to 7 days. KATHERINE ROSE C CORTEZ, RCRIM Compiled

 

BUCOR- 1 month to 2 months UN RULES- 22 hours to 15 days.

CONTEMPORARY FORMS OF PUNISHMENT 1. Imprisonment- Putting the offender in prison for the purpose of protecting the public against criminal activities and at the same time rehabilitating the prisoners by requiring them to undergo institutional treatment programs. 2. Parole- A conditional release of a prisoner after serving part of his/her sentence in prison for the purpose of gradually reintroducing him/her to free life under the guidance and supervision of a parole officer. 3. Probation- A disposition whereby a defendant after conviction of an offense, the penalty of which does not exceed six years imprisonment, is released subject to the conditions imposed by the releasing court and under the supervision of a probation officer. 4. Fine- an amount given as a compensation for a criminal act. 5. Destierro- The penalty of banishing a person from the place where he committed a crime, prohibiting him to go near or enter the 25-kilometer perimeter. PURPOSES/JUSTIFICATIONS OF PUNISHMENT 1. Retribution- The punishment should be provided by the state whose sanction is violated, to afford the society or the individual the opportunity of imposing upon the offender suitable punishment as might be enforced. Offenders should be punished because they deserve it. 2. Expiation or Atonement- It is punishment in the form of group vengeance where the purpose is to appease the offended public or group. 3. DeterrencePunishment gives lesson to the offender by showing to other what will happen to them if they violate the law. Punishment is imposed to warn potential offenders that they cannot afford to do what the offender has done. 4. Incapacitation and Protection- The public will be protected if the offender has being held in conditions where he cannot harm others especially the public. Punishment is effected by placing offenders in prison so that society will be ensured

Society’s interest can be better served by helping the prisoner to become law abiding citizen and productive upon his return to the community by requiring him to undergo intensive program of rehabilitation in prison. VI.

THE AGE OF ENLIGHTENMENT 18th Century is a century of change. It is the period of recognizing human dignity. It is the movement of reformation, the period of introduction of certain reforms in the correctional field by certain persons, gradually changing the old positive philosophy of punishment to a more humane treatment of prisoners with innovational programs. The Pioneers: 1. William Penn (1614-1718) -He fought for religious freedom and individual rights. -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 Montesiquieu (Charles Louis Secondat, Baron de la Brede et de Montesiquieu, 16891755) -A French historian and philosopher who analyzed law as an expression of justice. He believe that harsh punishment would undermine morality and that appealing to moral sentiments as a better means of preventing crime. 3. VOLTAIRE (Francois Marie Arouet, 1694-1778) -He was the most versatile of all philosophers during this period. He believes that fear of shame was deterrent to crime. He fought the legality-sanctioned practice of torture. 4. Cesare Bonesa, Marchese de Beccaria (1738-1794) -He wrote an essay entitled “An Essay on Crimes and Punishment”, the most exiting essay on law du...