Reviewer - Instiq 3erywer wyery PDF

Preview

Summary

JO1 Renor N Apela, RCrim, MAEd, MSCJ, CSPCorrectional Administration - the study and practice of a system management of jails or prisons and other institution concerned with the custody, treatment and rehabilitation of criminal offenders.New CurriculumComposed of three subjects, namely; institutiona...

Description

JO1 Renor N Apela, RCrim, MAEd, MSCJ, CSP

1. Institutionalized corrections – the rehabilitation of offenders in jail or

Correctional Administration -

prison.

the study and practice of a

2. Community – based or noninstitutionalized

system management of jails or prisons

and

concerned

other

with

–

refers to correctional activities

institution

the

corrections

that may take place within the

custody,

community.

treatment and rehabilitation of

Therapeutic Modalities

criminal offenders. New Curriculum

-

Is a self-help social learning treatment model used inside the

Composed of three subjects, namely;

jail intended for rehabilitation of

1. institutional corrections

our Persons Deprived of Liberty

2. non-institutional corrections, and

(PDL) -

3. therapeutic modalities

Is an environment that helps people get help while helping

Corrections

others. -

is

that

branch

administration justice

of

charged

of the

It

is

a

treatment

the

environment: the interactions of

criminal

its members are designed to be

the

therapeutic within the context of

the custody,

the norms that require for each to

supervision and rehabilitation of

play the dual role of client-

the convicted offender.

therapist.

responsibility for

with

Correction is the fourth pillar of the CJS. Considered as the weakest pillar of the Criminal Justice System. Three forms of Corrections

Definition of Terms Penology – study of punishment of crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders.

-

The term derived from the Latin

16th Century, transportation of criminals

wird “poena” which means pain

in England was authorized. At the end of

or

is

this century, Russia and other European

Penal

countries followed this system. This

suffering.

otherwise

Penology

known

as

practice was abandoned in 1835.

Science.

18th century, known as the “Age of

Penal Management -

Refers to the manner or practice of managing or controlling places of confinement as jails or prisons.

Rehabilitation -

Is

a

Enlightenment” additional

jails

constructed

decreasing

opportunities

to

for

the

transportation

of

criminals to other countries and the elimination of the need of galley slaves.

punishment

philosophy,

which asserts that through proper correctional

intervention,

a

Gaols -

English sheriff in England during

law-abiding citizen.

the 18th century.

Historical Perspective of Corrections 13th Century, securing sanctuary – in the 13th century, a criminal could avoid

Galleys -

rowed by criminals. A type of ship

church for a period of 40 days. ordered

that

Long, low, narrow, single decked ships propelled by sails, usually

punishment by claiming refuge in a

England

The description given to pretrial detention facilities operated by

criminal can be reformed into a

1576,

due

were

used each

country should construct an institution for the confinement of offender, which is popularly known as the “English House

for

transportation

of

criminals in the 16th century. Hulks (Floating Hell) -

These are former warships used

of Correction or Bridewell-style house of

to house prisoners in the 18th and

corrections and Workhouses.

19th century. The hulks were originally intended only as a temporary solution to a problem.

But they were not completely

credited

abandoned until 1858, eighty

prescribing savage punishment

years later.

around

the

1759

oldest

B.C.

code

in

fact,

Sumerian codes were nearly 100

Ordeal -

as

years older. The main concept of

is the church’s substitute for a

Hammurabic code “lex talliones”

trial until the 13th century wherein

which means “an eye for and

guilt

eye; a tooth for a tooth”.

or

innocence

was

determined by the ability of the

2. King Ur-Nammu’s code

accused of being unhurt through

-

Decrees

the

imposition

of

restitution and fines of execution,

dangerous and painful test.

mutilation

Primary Schools of Penology

or

other

savage

penalties. Classical School -

the

-

doctrine

of

psychological

Analysis of King Ur-Nammu’s also

carries

restorative

hedonism or freewill.

a justice

establish the Neo-classical school -

concept that

of re-

last relationship

between the involved parties in

children and lunatics must be free

crime that existed before the commission of crimes.

from punishment.

3. Roman and greek codes Positivist/ Italian School -

denied and

individual reflected

a. Justinian Code, 529 AD. responsibility on

positive

reactions to crime and criminality.

Emperor

Justinian

of

Rome wrote his code of law. This code was a revision of the 12 tables of

Early Codes

Roman. However, the law

1. Babylonian

and

Sumerian

fall of the Roman Empire

codes -

Code

did not survive due to the

of

King

Hammurabi

(Hammurabic Code) – Babylon,

but left a foundation of Western Legal codes.

-

The twelve tables – represented

Kingdom.

the earliest codification of Roman

purpose was to elect new kings, it

law

also

incorporated

into

the

its

possessed

primary

rudimentary

legislative powers.

Justinian code. b. Greek code of Draco –

5. Code

of

Kalantiao

–

Greece, a harsh code that

promulgated in 1433 by Datu

provides

same

Kalantiao

both

6. Maragtas

the

punishment

for

citizens and the slaves as it

incorporates

concepts.

primitive

The

Greeks

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

This code introduced the concept of restitution. This code specified punishment

Code

–

by

Datu

Sumakwel. Concept of Punishment What is punishment? The general concept is that it is the infliction of some sort of path on the offender for violating the law. In the legal

4. The burgundian code (500 AD) -

While

according

to

the

sense, it is more individual redress or personal revenge. Punishment therefore is defined as the redress that the state takes against an offending member.

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. -

509 b.c. a law was passed prohibiting flogging or execution unless affirmed by the Curiate

Purposes of Punishment 1. To segregate the offenders from society; and 2. To rehabilitate him so that upon his returns to the society he shall be responsible and law abiding citizen.

Assembly. -

Curiate principal

assembly legislative

was

the

assembly

during the era of the Roman

Contemporary forms of punishments A. Imprisonment offenders

in

– prison

placing for

the

purpose of protecting the public and

at

the

same

-

time

on the offender for violating the

rehabilitating them by requiring the latter to undergo institutional

It is infliction of some sort of pain

law. -

treatment program.

In the legal sense, it is more individual redress, or personal,

B. Parole – parole is defined as a

revenge Punishment, therefore,

procedure by which prisoners are

is defined as the redress that the

selected for release on the basis

state takes against an offending

of

member.

individual

response

and

progress within the correctional

FORMS OF PUNISHMENT

institution and by which they are provided with necessary controls

This forms of punishment in primitive

and guidance as they serve the

society were:

remainder

of

their

sentences

within the free community. C. Probation – it is a procedure under which a defendant after found guilty of a crime is released by the court without imprisonment subject to the conditions imposed by the court and subject to the supervision of a probation officer (P.D 968 as amended by R.A 10707). NATURE AND TRENDS OF

1. Death Penalty 2. Corporal Punishment 3. Public humiliation and shaming 4. Harassment Death penalty was carried out by 1. Hanging 2. Burning 3. Immersing in boiling oil 4. Feeding to wild animals 5. Other barbaric ways. Justification of punishment

PUNISHENT Retribution Punishment -

Is a means of social control.

In primitive days punishment of the transgressor was carried out in

the

form

of

personal

vengeance. During period nearly all offenses that are now included in criminal codes as public crimes

Protection -

offender in prison, society is

were considered private offenses for

which

the

victims

projected from his further criminal

were

depredation, if this were so,

allowed their redress through

vicious and society is protected

personal vengeance.

from

Expiation or atonement -

terms

same clan or group aroused the condemnation of the whole group against the offending member. Deterrence -

imprisonment. and

habitual

Reformation -

This is the latest justification of punishment. Under this theory, society can best to protected from crime if the purpose of imprisonment is to reform or

It is commonly believed that punishment gives a lesson to the offender, that it shows other what would happen if they violate the law, and that punishment holds crime in check. This is the essence

so

attain this end.

group. An

against another member of the

were

delinquency laws are expected to

sympathetic-feeling

offense committed by a member

of

Recidivism

sort of common understanding the

this

criminal

should be made to serve long

during the pre-historic days. A

in

further

vicious and dangerous criminals

punishment was also advocated

developed

his

depredation. If

This theory or justification of

and

People believe that by putting the

of deterrence

justification for punishment. Justifications of punishment

as a

rehabilitate the prisoner. Limitation of punishment Punishment has certain limitations on the offender, in spite of the aboveenumerated justifications, are: 1. Punishment makes the criminal cautious about concealing his criminal activites.

2. Stigmatizes him and isolates him from society makes him a martyr

crime

or a hero, and develops in him an

3. Voltaire (francois Marie Arquet,

antisocial grudge and a strong

1694-1778) – he believes that

resentment of authority.

fear of shame was a deterrent to

3. Punishment on the other hand

crime. He fought the legality-

does not deter; does not repair

sanctioned practice of torture.

damage to society, or reconstruct

4. John Howard (1726-1790) – the

the personality of the offender. The

a better means of preventing

pioneers

for

the

Age

“the great pitch reformer) – the of

Enlightenment

first

who devoted his life and fortune to prison reform. After his findings

1. William Penn (1614-1716) – he is the

sherfiff of Bechforashire in 1773,

leader

imprisonment

to

as

prescribe correctional

on

English

prisons,

he

recommended the follows. a. Single cells for

treatment for major offenders. He is

also

responsible

for

the

abolition of death penalty and

The study and practice of a system

torture as a form of punishment.

management of jails or prisons and

He fought for religious freedom

other institution concerned with the

and individual rights.

custody, treatment and rehabilitation of criminal offenders. *

2. Charles

Montesiquieu

(Charles

Correctional Administration

Louis Secondat, Baron de la Brede et de Montteriquieu – 1689

Is that branch of the administration of

– 1755). A french historian and

the criminal justice charged with the

philosopher who analysed law as

responsibility for the custody,

an expression of justice. He

supervision and rehabilitation of the convicted offender. *

believed that harsh punishment

Corrections

would weaken morality and that appealing to moral sentiments as

The second pillar of Criminal Justice System. * Prosecution

Penology also is a manner or practice The fifth pillar of Criminal Justice System. * Community

It is considered as the weakest pillar of the Criminal Justice System. *

of managing or controlling places of confinement as jails or prisons. * False

The rehabilitation of offenders in jail or prison. *

Rehabilitation is not a punishment philosophy, but it is believed that through proper correctional intervention, a criminal can be reformed into a law-abiding citizen. *

Institutionalized Corrections

False

Corrections

Refers to correctional activities that may take place within the community. * Community based or non-institutionalized corrections

Is a self-help social learning treatment model used inside the jail intended for rehabilitation of our Persons Deprived of Liberty (PDL). * Therapeutic modalities

Is the study of punishment of crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders. * Penology

Penology is a term derived from the Latin word “_____” which means pain or suffering * Poena...