By MELCON S. LAPINA, MSCrim
Q1 A branch of criminology dealing with prison management, and the deterrence and reformatory treatment of criminals. a. Corrections b. Penology c. Punishment d. Rehabilitation
Q2 Period in history where offenders may seek refuge in the church. a. 13th Century b. 16th Century c. 17th Century d. 19th Century
Q3 Children and lunatics were exempted from punishment on ground that they are not capable of knowing the effects of their criminal acts intelligently. a. Classical School b. Neo Classical School c. Positivist School d. Eclectic School
Q4 A harsh code that provides the same punishment for both citizens and the slaves. a. Code of Hammurabi b. Justinian Code c. Code of Draco d. Burgundian Code
Q5 A correctional institution used to detain persons who are in the lawful custody of the government (either accused persons awaiting trial or convicted persons serving a sentence); a British term. a. Ergastulum b. Underground cistern c. Mamertine Prison d. Gaols
Q6 An early prison which was built in 1556 in London for the employment and housing of English prisoners. a. Bridewell Institution b. Sing Sing Prisons c. St Michael Prisons d. Borstal Prison
Q7 A prison reformer responsible for the abolition of death penalty and torture as a form of punishment. a. Cesare Bonesana Marchese de Beccaria b. Charles Montesquieu c. Voltaire d. William Penn
Q8 This penal farm occupies a total of 16,408.5 hectares. a. Davao Penal Colony b. Iwahig Penal Farm c. New Bilibid Prison d. Sablayan Penal Colony & Farm
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Q9 Following are the principal purposes of prison in the past, EXCEPT a. Vengeance b. Punishment c. Deterrence d. Reformation
Q10 Term being used to sentenced prisoner. a. Convict b. Inmate c. Intern d. Prisoner
Q11 Agency that exercises supervision and control of institution and community based corrections. a. Department of Interior and Local Government b. Department of Justice c. Supreme Court of the Philippines d. Department of Social Work & Department
Q12 Also known as insular prisoners and are sentenced to more than 3 years imprisonment. a. City prisoners b. Municipal prisoners c. National prisoners d. Provincial prisoners
Q13 It refers to the requirements for admission in any of BUCOR facilities. a. Carpeta b. Commitment order c. Mittimus d. Per capita
Q14 It is a unit where a prisoner is examined to determine individualized treatment program. a. Admission Unit b. Assignment Unit c. Classification Unit d. Reception and Diagnostic Center
Q15 Habitual delinquents and escapees are housed in a. Minimum security b. Medium security c. Maximum security d. Super maximum security
Q16 A newly arrived inmate committed for the first time is classified in the BUCOR as a. 1st Class Inmate b. 2nd Class Inmate c. 3rd Class Inmate d. Colonist
Q17 The law that governs correctional system in the Philippines, otherwise known as Prison Law. a. Civil Code of the Philippines b. National Internal Revenue Code c. Revised Administrative Code of the Philippines d. Revised Penal Code of the Philippines
Q18 Following are the occasions inmates may be allowed to go out, EXCEPT a. Medical examination b.Treatment or hospitalization c. View remains of a deceased relative d.Therapeutical leave
Q19 In general, a detainee is not required to work except if necessary for cleanliness and orderliness. Full credit of period of preventive detention is given if detainee agreed in writing to abide with the same regimen with sentenced prisoners. If detainee does not agree, he will be entitled to a. 1/5 of detention period b. 3/4 of detention period c. 4/5 of detention period d. 5/8 of detention period
Q20 Crime is no longer defined as an attack on the state and a violation of law but rather an offense by one person against another and a violation of relationships. a. Punitive Justice b. Rehabilitative Justice c. Restorative Justice d. Retributive Justice
Explanations • Rights of Inmates – To receive compensation for labor he performed – To be deducted GCTA from sentence as long as there are no infractions warranting nondeduction under the law – To send and receive correspondence – To practice his faith or religion
Explanations • Rights of Inmates – To receive authorized visitors on designated time and place – To air grievances through the proper channels – To receive death benefits and pecuniary aid for injuries
Explanations • Detainee not required to work – only necessary for cleanliness & orderliness – Full credit of period of preventive detention – if detainee agreed in writing to abide same regimen with sentenced prisoners; not allowed to recidivist – 4/5 of detention period – if detainee does not agree
Explanations • Female inmates – assigned to jobs suitable to their physical condition & age • Inmates over 60 yrs old excused from mandatory prison labor • Maximum security inmates not allowed to work outside maximum-security compound • Compensation may be received 6 mos after being permanently assigned to work
Explanations • All/part of compensation may be paid for supplies & equipment lost or damaged due to his fault • Compensation how given • ½ to buy his needs • ½ paid only upon release
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Explanations • Inmates Allowed to Go Out upon Approval of Sec of DOJ on the ff occasions: – Medical examination – Treatment or hospitalization
Explanations – View remains of a deceased relative (for minimum or medium security prisoners only): • Wife or husband • Child • Brother/sister • Parents • Grandchild • Grandparent
Explanations NOTE: – privilege allowed if remains is w/in 30-km radius by road; – viewing is no more than 3 hrs; and – may be granted even for more than 30-km provided inmate can return during daylight hours of same day
Explanations • Transfer of Inmate to Prison & Penal Farm – upon recommendation of Classification Board, Director of Corrections may transfer inmate if: • Physically & psychologically fit • Assignment is therapeutically beneficial
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Explanations • Law Governing Correctional System – Sections 1705 – 1751 of Revised Administrative Code of the Philippines – Mode of Treatment of Prisoners – Section 1725 » Humane » Youthful offenders separated from adult convicts » Female inmates separated from male NEXT Q
Explanations • Classification of Inmates in BUCOR – Detainee – have other pending cases – 3rd Class Inmate – • previously committed for 3 times or more • demoted from higher class
Explanations – 2nd Class Inmate – • newly arrived inmate committed for 1st time • demoted from higher class • promoted from lower class – 1st class Inmate – • Earned thru his character & credit for work while still in detention • Promoted from lower class
Explanations – Colonist – • 1st Class Inmate for at least 1 yr • Served w/ good conduct, at least 1/5th his maximum sentence • Has served 7 yrs in case of life sentence • Privilege of colonist: Act No. 2489, Industrial Good Time law NEXT Q
Explanations • Classification: Determine (1) security status, & (2) privilege entitlement • Classification Board: – Chairman – Penal Superintendent – V-Chairman – Chief, RDC – Member – Medical Officer – Member – Chief, Education Section – Member – Agro-Industries Section – Member – Chief Overseer
Explanations • Maximum security inmates – – death, – 20 yrs minimum sentence – Remand inmates or detainees w/ 2o yrs minimum sentence – Sentence under review by SC, – Sentence under appeal, – With pending cases, – Recidivists,
Explanations • Maximum security inmates – – Habitual delinquents & escapees, – Under disciplinary punishment or safekeeping, – Criminally insane or with severe personality or emotional disorders dangerous to others – Inmates still confined at RDC
Explanations • Medium security inmates – – Less than 20 yrs – Remand inmates below 20 yrs – 18 yrs old & below regardless of case or sentence, – 2 or more escape records but have served 8 yrs since recommitment, – Life imprisonment who have served at least 5 yrs upon recommendation of Superintendent
Explanations • Minimum security inmates – – With severe physical handicap – 65 yrs old & above & not on appeal or w/out pending case – Who have served at least ½ of minimum sentence – Who have served 1/3 of maximum sentence EXCELUDING good conduct & time allowance (GCTA) – W/ only 6 mos to serve before expiration of maximum sentence NEXT Q
Explanations • RDC – for admission of new prisoners. – Prisoners will be • Studied • Classified – Purpose of RDC: • For individualized treatment program
Explanations – Death sentence prisoners not admitted in RDC; directly placed on death row, awaiting automatic review of their cases – Female inmates (more than 3 yrs) – Correctional Institute for Women in Mandaluyong City & undergo classification at RDC there.
Explanations – Upon Admission: inmate with pending case, quarantined for a minimum of 5 days for the ff: • Physical & mental examination; sick brought to NBP hospital. • Orientation on prison rules • Private interview
Explanations – Within 2 mos: tests for individualized treatment: 1. Psychiatric 2. Psychological 3. Sociological 4. Vocational
5. Educational 6. Religious 7. IQ test 8. Other test
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Explanations • Mittimus and Commitment Order • Per capita literally means per head. This is being applied to the budget per prisoner per day which is P30.00.
Explanations • Contents of Carpeta: – Pre-Parole Report/Pre-Parole Questionnaire/Pre-Executive Clemency Investigation Report – Prison Record – Mittimus/Commitment Order of Court – warrant issued by a court bearing its seal & signature of judge, directing jail or prison authorities to receive inmates for custody or service of sentence imposed therein.
Explanations • Contents of Carpeta: – Fiscal’s Information & Court decision – Certification of detention, if any – Certification that case is not on appeal, or if appealed (decision of appellate court) – Certification from warden – if national prisoner, reason(s) for his continued confinement
Explanations • Contents of Carpeta: – Detainee’s manifestation (R.A. 6127) – Estafa, swindling & illegal recruitment case: certification of no pending case
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Explanations • Classification of Prisoners – National Prisoners – Provincial Prisoners – Municipal Prisoners – City Prisoners
Explanations 3 agencies of DOJ exercising supervision & control of institution & community based corrections: • Bureau of Corrections (BUCOR): rehab of national prisoner • Board of Pardons & Parole • Parole & Probation Administration
Explanations Other agencies: • DILG & Provincial Local Government Unit – municipal, city & provincial prisoners – DILG: District, City & Municipal Jails nationwide – Provincial Local Government Units: Provincial Jails
• DSWD – youth offenders – Operates Regional Rehabilitation Centers, located in 10 sites nationwide NEXT Q
Explanations • Changes in Prison Terminologies: – Convicts: changed to inmates – Inmates: there are moves to change it to interns, as if they are now the same as medical students doing practical training in hospitals; – Bureau of Prisons: changed to Bureau of Corrections – Confinement quarters: named dormitories, like college students boarding and lodging at the facility; – Imprisonment: now called confinement, like being confined in a hospital for treatment of an illness; & – Prison: now called penal facility or simply facility. NEXT Q
Explanations 7 Penal Colonies of the Philippines: 1. San Ramon Prison and Penal Farm 2. Iwahig Penal Farm 3. Correctional Institution for Women 4. New Bilibid Prison 5. Davao Penal Colony 6. Sablayan Penal Colony & Farm 7. Leyte Regional Prison
Explanations • Other prison or related institution: – Old Bilibid Prison – Reception & Diagnostic Center – Manila Office – Provincial Jail System
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Explanations Prison Reformers Name William Penn
Contribution •
•
first leader to prescribe imprisonment as correctional treatment for major offenders responsible for the abolition of death penalty and torture as a form of punishment
Charles Montesquieu
•
French historian and philosopher who analyzed law as an expression of justice
Voltaire
•
believes that fear of shame was a deterrent to crime
Cesare Beccaria •
presented the humanistic goal of law
Explanations Prison Reformers Name
Contribution
Jeremy Bentham • • •
greatest leader in reform of English Criminal Law believes that whatever punishment designed to negate whatever pleasure or gain criminal derives from crime, crime rate would go down Devised panoptical prison
John Howard
• • • •
Sheriff of Bedfordshire, England; recommended: maintenance of facilities for children & women provision of sanitation facilities adequate salaries for jailers
Manuel Montesion
• • •
Director of prison in Valencia, Spain in 1935 Divided prisons into companies Appointed prisoners as petty officers in charge
Explanations Prison Reformers Name
Contribution
Llemetz of France
• •
established agricultural colony for delinquent boys in 1839 appointed house fathers as in charge of delinquent boys
Alexander Maconochie
• • •
former superintendent of British penal colony at Norfolk Island governor of Birmingham Borough Prison introduced Mark System substitute for corporal punishment prisoner: required to earn a number of marks by good behavior, labor & study enable prisoner to earn ticket of leave or conditional release, similar to parole
Sir Walter Crofton
• • •
director of Irish Prison in 1854 introduced Irish System – a.k.a. progressive stage system father of parole in various European countries
Explanations Prison Reformers Name Zebulon R. Brockway
Contribution • • • • •
Sir Evelyn Ruggles Brise
• •
James V. Bennett • •
"Father of prison reform" in the United States first superintendent of Elmira Reformatory Institution introduced a program of education, training in useful trades, physical activity, indeterminate sentences, inmate classification, and an incentive program believed that primary reason to have a prisoner in custody was to rehabilitate and not simply just to punish first introduced “good time” system: reduction of sentences thru good marks earned thru good behavior director of English Prison opened Borstal Institute after visiting Elmira Reformatory in 1897
director of Federal Bureau of Prisons wrote about closing of Alcatraz Prison
Explanations Prison Reformers Name
Contribution
Fred T. Wilkinson • Jean Jacques Villain
•
last warden of Alcatraz Prison pioneered classification to separate women or children from hardened criminals
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Explanations Early Prison Systems Prison
Description
Bridewell Institution • • •
• • Sing Sing Prisons
• • •
first house of correction established in 1556 in Bridewell, England; a workhouse for vagabonds, idlers, and rogues vagrants and prostitutes were given work while serving their sentences forerunner of prison industry program superseded by banishment floggings, denial of reading materials and solitary confinement shower bath was a gadget so constructed as to drop a volume of water on the head of a locked naked offender force of icy cold water hitting head of offender caused so much pain and extreme shock that prisoners immediately sank into coma due to shock and hypothermia or sudden drop in body temperature
Explanations Early Prison Systems Prison
Description
St. Michael Prisons • first established in the year 1704 at the Hospital of St. Michael during the reign of Pope Clement XI • divided into cells • prototype of reformatories for juvenile offenders • concepts: - Rehabilitative concept - Segregation of prisoners - Forced silence for contemplation of prisoners - Many practices were adopted in Auburn system
Explanations Early Prison Systems Prison
Borstal Prison
Description
• • • • • •
Alcatraz Prison
• • •
Now known as HM Prison Rochester Male Young Offenders Institution, located in the Borstal area of Rochester in Kent, England Founded in 1870 Was then an experimental juvenile prison of the reformatory type set up in 1902 First detention center of its kind in the UK Word "Borstal" became synonymous with other detention centers for youths across the country, and elsewhere Located at Alcatraz Island (the Rock) in San Francisco Bay A military fortification, a military prison, and a Federal Bureau of Prisons federal prison until 1963 Considered a National Historic Landmark in 1986
Explanations Early Prison Systems Prison
Panopticon
Description
• •
Elmira Reformatory
• • •
•
type of building designed by Jeremy Bentham in the late 18th century purpose: allow an observer to observe (-opticon) all (pan-) inmates of an institution without them being able to tell whether or not they are being watched. opened in 1876 first penal institution with philosophy on reformation and treatment educational and vocational program: to treat lack of skill to survive; forerunner of modern penology parole started in U.S. in 1876 at Elmira Reformatory
Panopticon
Explanations Early Prison Systems Prison
Description
Walnut Street Jail
• • • •
first American penitentiary located in Philadelphia solitary confinement caters education, athletics, military, vocational & religious trainings for developing good citizens
Newgate Prison
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not a real prison but abandoned copper mine of Simsbury, Connecticut inmates: confined underground (black hole of horrors) superseded by Wethersfield Connecticut in 1827
• •
Explanations Early Prison Systems Prison
Description
Auburn System
• • • • • •
located at Auburn, State of New York a.k.a. “congregate system” solitary confinement tiny cells for individual prisoners absolute silence prisoners allowed to work during daytime
Pennsylvania System
• • • • • • • • •
rival of Auburn system a.k.a. “solitary system” Walnut Street Jail in 1790 Western Penitentiary in 1826 Eastern Penitentiary in 1830 concept of solitary confinement and rendering labor cell: exercise area work area for prisoner to work during the day solitary confinement coupled with Bible reading NEXT Q
Explanations • Gaol is an old term which simply means jail. • Ergastulum is a Roman prison used to confine slaves; they were attached to workbenches and forced to do hard labor in period of imprisonment. • Underground cistern is a reservoir for storing liquids; especially an underground tank for storing rainwater. This was also used as prison in ancient times. • Mamertine Prison is an early Roman place of confinement which is built under the main sewer of Rome in 64 B.C. NEXT Q
Explanations 1. Code of Hammurabi (1760 B.C.) – oldest code prescribing savage punishment. Its core principle: Lex Taliones – a.k.a. “an eye for an eye and a tooth for a tooth.” 2. Justinian Code – written by Emperor Justinian of Rome in 6th C.A.D. 3. The Twelve Tables (XII Tabulae) – represented the earliest codification of Roman law incorporated into the Justinian Code.
Explanations 4. Code of Draco – a harsh code that provides the same punishment for both citizens and the slaves 5. Burgundian Code – specified punishment according to the social class of offenders. 6. Code of Kalantiao – promulgated in 1433 by Datu Kalantiao 7. Maragtas Code – by Datu Sumakwel NEXT Q
Explanations Theory Classical
Description • • • • • •
Emphasis on crime not offender Punishment: retributive & punitive; proportional to crime Man has free will Psychological hedonism Punishment (pain) must exceed thought of committing crime (pleasure) Punishment – All: regardless of age, mentality, social status & other personal circumstances
• •
Essentially agrees with Classical School Children & lunatics should not be punished: cannot calculate pleasure & pain
Positivist • • • •
A.k.a. Italian School Crime: social phenomenon Criminal: sick person needing treatment not punishment Proponents of parole, probation, juvenile court, experiments with youthful offenders, & other measures
Neo Classical
Explanations • Eclectic means selecting what seems best of various styles or ideas. • This is true in our RPC: – Classical: Imposition of capital punishment or greater penalty on heinous crimes – Neo-classical: Exempting circumstances – Positivist: Compassionate on economic & social crime NEXT Q
Explanations Period 13th Century
Practice
Description
Securing Sanctuary •
• 16th Century
17th – 18th Century
Transportation
Death Penalty
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Criminal seeks refuge in church to avoid punishment After 40 days, he is compelled to leave by a road or path assigned to him
• •
Practiced in England Russia and other European countries followed at the end of 16th century Partially relieved overcrowding of prisons Abandoned in 1826
•
Became prevalent as a form of punishment
Explanations GOLDEN AGE OF PENOLOGY: 1870 – 1880 • National Prisons Association was organized in Cincinnati in 1870 • First International Congress in 1872 at London – International Penal & Penitentiary Commission was established in 1875; Hague, Netherlands: first headquarters
• Elmira Reformatory was established in NY in 1876 • Separate institution for women in Indiana & Massachussetts NEXT Q
Explanations • CORRECTIONS & PENOLOGY are somewhat related in that both are concerned with the REHABILITATION of prisoners but PENOLOGY is the branch of criminology. • CORRECTIONS is the more preferred term in the modern era as it implies more of rehab than PENOLOGY which infers punishment.
Explanations • The term PENOLOGY came from: – PENO – Greek word “PIONO” and Latin word “POENA” which means PUNISHMENT. – LOGY – came from Latin word “LOGOS” means science.
Explanations • PUNISHMENT is something someone is made to do to compensate for a wrongdoing, especially for crime. – Synonymous to penalty – suffering inflicted by state for transgressing of law. – Theories justifying penalties: 1. Prevention
5. Justice
2. Self-defense 3. Reformation
6. Retribution 7. Expiation/Atonement
4. Exemplarity
8. Deterrence
Explanations • Early forms of punishment: 1. Death 2. Physical torture 3. Mutilation 4. Branding 5. Public humiliation
6. Fines 7. Forfeiture of property 8. Banishment 9. Transportation 10. Imprisonment
Explanations • Forms of Death: 1. Crucifixion 2. Beheading 3. Hanging 4. Impaling 5. Strangling
6. Stoning 7. Drowning 8. Burning at stake 9. Guillotine 10. Poisoning
Explanations • Forms of Physical Torture: – Flogging – Dismemberment – Rack – Starvation
Explanations • Forms of Public Humiliation: – Stocks – Pillory – Ducking stool – Furca
Explanations • Forms of Imprisonment: – Confinement in dungeons – Galleys – Hulks – Jails – Houses of corrections – Workhouses & penitentiaries
Explanations • Trends of Punishments: 1. Developments of exemptions 2. Pardon & commutations
7. Fines suspended sentence 8. Probation
3. Decline of severity of 9. Conditional pardon or punishment release 4. Growth of modifications of 10. Short sentences imprisonment 5. GCTA 11. Fines 6. Indeterminate sentence
Explanations • Contemporary Forms of Punishment: 1. Imprisonment 2. Parole 3. Probation 4. Fine 5. Destierro
Explanations • 3-Fold Purposes of Penalty in RPC – Retribution or Expiation – Correction or Reformation – Special Defense
Explanations • Rehabilitation – the restoration of someone to a useful place in society. This is a generic term applicable to the treatment of offenders in modern times.
Related Terms • Penal Management: refers to the manner or practice of managing or controlling places of confinement as jails or prisons. • Correctional 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. NEXT Q
Prevention • The state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender
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Self-Defense • The state has the right to punish the criminal as a measure of self-defense so as to protect society from the threat and wrong action inflicted by the criminal.
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Reformation • The object of punishment in criminal case is to correct and reform the offender.
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Exemplarity • The criminal is punished to serve as an example to others to deter from committing the crime.
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Justice • That crime must be punished by the state as an act of retributive justice, vindication of absolute right and moral law violated by the criminal.
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Retribution • Personal vengeance
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Expiation or Atonement • It is the execution of punishment visibly or publicly for the purpose of appeasing a social group. Expiation is group vengeance as distinguished from retribution.
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Deterrence • Cesare Becarria, the exponent of the Classical Theory contended that punishment is to prevent others in committing a crime.
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Impaling • Killing by piercing with a spear or sharp pole
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Burning at Stake • A form of executing death by tying the victim in a vertical post for burning
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Guillotine • Verb: Kill by cutting the head off with a guillotine. • Noun: Instrument of execution that consists of a weighted blade between two vertical poles; used for beheading people.
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Rack • A form of torture in which pain is inflicted by stretching the body
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Stocks • Instrument of punishment consisting of a heavy timber frame with holes in which the feet (and sometimes the hands) of an offender could be locked.
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Pillory • Instrument of punishment on a post with holes for the wrists and neck; offenders were locked in and so exposed to public scorn.
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Ducking Stool • Instrument of punishment consisting of a chair in which offenders were ducked in water.
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Furca • V-shaped yolk worn around the neck and where the outstretched arms of convict were tied to.
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Dungeon • A dark cell (usually underground) where prisoners can be confined
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Galley • A large medieval vessel with a single deck propelled by sails and oars with guns at stern and prow; a complement of 1,000 men; used mainly in the Mediterranean for war and trading
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Hulks • Decrepit (worn and broken down by hard use) transports, former warships used to house prisoners in the 18th and 19th century. • Abandoned warships converted into prisons, also called “floating hells”.
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Retribution/Expiation • The penalty is commensurate with the gravity of the offense.
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Correction/Reformation • As by the rules which regulates the execution of the penalties consisting of deprivation of liberty.
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Special Defense • As shown by its inflexible severity to recidivist and habitual delinquents.
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Hedonism • An ethical system that evaluates the pursuit of pleasure as the highest good
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Parole • Privilege similar to parole: – Alexander Maconochie’s Mark System where prisoner can earn ticket of leave or conditional release
• Advocates of parole & similar privileges – Positivist Criminologists
• When & where started – In 1876 at Elmira Reformatory
Parole • Agencies in Phils taking charge of parole: – Board of Pardons & Parole Under DOJ – Parole & Probation Administration • Board of Pardons & Parole – Established in 1933 in compliance with Act No. 4103, Indeterminate Sentence Law (ISLaw)
Parole – ISLAW • Creation of Board of Indeterminate Sentence; • Later renamed as Board of Pardons in 1937 by Executive order No. 83, series 1937; –Board becomes adviser of President on matters of executive clemency; –Renamed Board of Pardons & Parole on October 4, 1947 by Executive order No. 94, Reorganization Law of 1947
Parole – ISLAW • Act No. 4103 was amended by R.A. 4203 on June 19, 1965. It provided: –Qualification –Term of office, –Composition –Compensation of members of Board BACK
Probation • Advocates of probation & similar privileges – Positivist Criminologists
• Father of Probation: – John Augustus – a Boston shoemaker; interceded with courts to suspend sentence & bail out youthful offenders & alcoholics
• Other personalities in probation: – Father Cook – a Bostonian; followed the steps of Augustus – Edward N. Savage – the first government probation officer; former Chief of Police of Boston – Teodulo C. Natividad – Father of Probation in the Philippines
Probation • Year when Probation Law was first passed in Massachusetts: 1878 • Agency in Phils taking charge of probation: – Parole & Probation Administration under DOJ
• Probation System – Dr. Torsten Eriksson, UN Interregional Adviser on Social Defense recommended in 1971: (1) strengthening of CJS, & (2) adoption of probation system
Probation • Probation System – Probation for Adult offenders: P.D. 968: • • • •
Can be availed of only once For first time offenders For penalties of imprisonment not more than 6 yrs Except: rebellion, subversion, sedition & other political crimes; • A privilege, not a right; • Offender must apply for it before court that convicted him/her; and • Depends on discretion of judge to grant
Probation • Probation System – First implemented during Commonwealth period thru Act No. 4221, Probation Act: • For 1st time offender 18 yrs old & above; • Abolished after 2 yrs being unconstitutional as a class legislation; and • Unconstitutional provision: operable only in cities & municipalities which are given appropriation for said purpose by congress
Probation • Parole & Probation Administration (PPA): – Exercises general supervision of all parolees & probationers – Promotes correction & rehab of offenders outside prison institutions
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Regional Rehabilitation Centers for Youth • National Training School for Boys – a.k.a. Philippine Training School for Boys; located at Sampaloc, Tanay Rizal • National Training School for Girls – a.k.a. Philippine Training School for Girls; located at Marillac Hills, Alabang • RRCY in Barangay Ugong, Bauang, La Union • RRCY in Barangay Ayala, Magalang Pampanga
Regional Rehabilitation Centers for Youth • RRCY in Nueva Valencia in the Island Province of Guimaras • RRCY in Barangay Candabong, Argao, Cebu • RRCY in Barangay Sto. Niño, Leyte • RRCY in Barangay Anastacio Polanco, Dipolog, Zamboanga del Norte • RRCY in Gingoog City • RRCY in Barangay Bago Oshiro, Davao City BACK
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San Ramon Prison and Penal Farm • Established in 1869 • Constructed near southern tip of Zamboanga peninsula nearby Zamboanga City • Originally intended for confinement of convicted Moro “insurrectos”. • Banishment site for political non-conformists from Luzon & Visayas • Named in memory of its founder, Ramon Blanco, a Spanish captain in the Royal Army • Land area: 1,524.6 hectares
San Ramon Prison and Penal Farm • Products: Copra, one of the biggest sources of income of the Bureau of Prisons, rice, corn, coffee, cattle, & livestock • Houses: maximum, medium & minimum security prisoners • Accepts convicts who were directly committed by courts in the area but are later sent to the Reception and Diagnostic Center in the Central Office in Camp Sampaguita in Muntinlupa City for study and diagnosis. BACK
Iwahig Penal Farm • Established in 1904 in Iwahig, Palawan on orders of governor Forbes, then Secretary of Commerce & Police; • Establishment was suggested by Governor Luke E. Wright designed for incorrigible offenders; • From incorrigible offenders to well-behaved & pliable convicts to convert 38,611 hectares of lands into production areas for: (1) revenue, & (2) rehabilitation of prisoners;
Iwahig Penal Farm • One of the most open penal institutions in the world; • Prison without Walls; • Divided into 4 sub-colonies where each is autonomous under a penal supervisor: Sta Lucia, Inagawan, Montible, & Central • Tagumpay Settlement – 1,000-hectare land given to released prisoners. Each released prisoner is given 6-hectare farm lots as homestead; BACK
Correctional Institution for Women • Established under Republic Act 3579 on November 27, 1929; • 18-hectare land in Mandaluyong City; • Run by female personnel except perimeter guard; • Houses special accommodations for pregnant inmates; and • Infant may be allowed to stay with mother for not more than 1 yr BACK
New Bilibid Prison • Established in 1941 in Muntinlupa City at the boundary of Laguna province; • Proclamation No. 414 in 1931, an enabling order to Commonwealth Act No. 3732; also the official basis for Davao Penal Colony • Designed to confine only 3,000 prisoners; • 552 hectares; • Supposed to be site for city of Manila’s Boys Training School;
New Bilibid Prison • Actual transfer was in 1941; • Main NBP compound houses: (1) maximum security prisoners, including death convicts death convicts; (2) central officers of Bureau of corrections; • One of the biggest prisons in the world in terms of prison population; • Became the National Penitentiary;
New Bilibid Prison • Facility for workers: hardwood shop of Prison Industries Office – pinpointed as source of deadly weapons used by rioting prisoners; • 3 Satellite Prisons (outside the compound & within reservation) – – Camp Bukang Liwayway – minimum security camp; name implying coming release of prisoners – Camp Sampaguita – medium security prisoners and Youth Rehabilitation Center – Reception & Diagnostic Center – receives newly committed prisoners from jails nationwide except those committed by courts within Zamboanga provinces: Basilan, Sulu & Tawi-Tawi BACK
Davao Penal Colony • Established in January 21, 1932 by virtue of Republic Act No. 3732 & Proclamation No. 414, series of 1931, same authority creating NBP; • Gen Paulino Santos (ret.), Prisons Director at that time, led first contingent of prisoners in colony; • 18,000 hectares; • World War II: used by Japanese for POW; • Destroyed by Japanese;
Davao Penal Colony • Reestablished in 1946; • Houses: (1) medium & (2) minimum security prisoners; • Prisoners work in open fields by colony custodial force; • The largest source of revenue for Bureau of Prisons; • Products: abaca, banana, rice, kenaf, copra, cattle & other farm products; • Biggest abaca plantation in the country;
Davao Penal Colony • Major banana producer with venture agreement with Tagum Development Company in a 3,000-hectare banana plantation; • Sub-colonies: – Panabo Sub-Colony – under penal supervisor – Kapalong Sub-Colony – under penal supervisor
• Tanglaw Settlement – for homesteaders. BACK
Sablayan Penal Colony & Farm • Established by Proclamation No. 72 on September 27, 1954; • Sablayan, Occidental Mindoro; • 16,408.5 hectares; • Purpose of establishment: to meet increasing population of prisoners; • First prisoners were from Iwahig Penal Colony; and • Main product: rice for inmate of colony and for NBP BACK
Leyte Regional Prison • Located in Abuyog, Leyte • Established in January 16, 1973 on orders issued under Martial Law by President Ferdinand E. Marcos
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Old Bilibid Prison • First penal institution in the Philippines. • Constructed sometime 1847 in Bilibid district of City of Manila. • Located at back of what is today, Central Market along Quezon Boulevard. • Designated as an insular penitentiary by Royal Decree in 1865.
Old Bilibid Prison • Cells: Radial shape like spokes of wheel, Commanding tower at center of spokes, & Brigadas • Brigadas: bldgs made of very strong adobe stones; term is still being used today; withstood even bombings by Americans and Japanese; & being used as jail by City of Manila: Manila City Jail • Transferred to Muntinlupa City to be known as New Bilibid Prison; reasons for transfer: (1) commercial developments of the area, & (2) increase in prison population BACK
Reception & Diagnostic Center • Established in 1953 by virtue of Administrative Order No. 11 by Secretary of Justice; & • Purpose: to enable BuCor conduct effective rehab of prisoners thru scientific & diagnoses of each prisoner
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Manila Office • Originally as a holding facility for prisoners working as orderlies in different offices of DOJ at Padre Faura, Manila; • Converted to regular penal institution following riots in NBP in 1958; & • Relocated site of hardwood shop
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Provincial Jail System • Established in 1910 under American regime; & • Every province is mandated to establish provincial jails under its own supervision & control
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Board of Pardons & Parole • Recommends the President who are qualified for: Parole Pardon Other forms of executive clemency
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Parole & Probation Administration • Exercises general supervision of all parolees & probationers • Promotes correction & rehab of offenders outside prison institutions
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National Prisoners • One whose maximum sentence is more than 3 yrs or a fine of more than 5,000 pesos, • One sentence for violation of custom law or other laws under Bureau of Customs, • One violating immigration & election laws • One sentenced to serve 2 or more sentences total exceeding 3 yrs
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Provincial Prisoners • 6 mos & 1 day up to 3 yrs & sent to serve in provincial jails.
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Municipal Prisoners • up to 6 mos & sent to municipal jail where offender is convicted.
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City Prisoners • convicted in city courts & sentenced to maximum of 3 yrs & sent to serve in city jails; and • combination of municipal & provincial jails NOTE: There is no mistaking with other prisoners because this prisoner is CONVICTED BY CITY COURT.
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Good Conduct Time Allowance • A prisoner has the right to deducted GCTA from sentence as long as there are no infractions warranting non-deduction under the law • Granted by Director of Corrections • Granted under Art. 97, RPC
Good Conduct Time Allowance • GCTA also available to detainee who agreed to abide with regimen similar to sentenced prisoners • GCTA not available to inmate whose sentence is life imprisonment and on appeal
Good Conduct Time Allowance • 1st 2 yrs – 5 days for each month of good behavior • 3rd – 5th yrs – 8 days for each month of good behavior • 6th – 10 yrs – 10 days for each month of good behavior • 11th yr & onwards – 15 days for each month of good behavior
Special Time Allowance for Loyalty • Under Art. 98 & 158 of RPC • Given to inmate who surrendered to authorities within 48 hrs after passing of calamity: (1) conflagration, (2) earthquake, (3) explosion, (4) similar catastrophes, (5) mutiny not participated by inmates • Deduction of 1/5 of sentence
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Industrial Good Time Law • Additional 5 days GCTA for each calendar month BESIDE regular 5 days GCTA • Reduction to 30 yrs from life imprisonment • Bring family or woman to marry with him: (1) reimbursement of transportation expenses in going to & fro facility, given upon release; (2) availment of family for free on prison facilities
Industrial Good Time Law • Clothing & household supplies as special reward • To wear civilian clothes on special occasions
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Explanations • • • •
Not focused on vengeance & punishment Heals both community & individuals Notion of reparation, not punishment Role of Participants in Restorative Justice: – Offender: • Apology – acknowledgement of responsibility • Reintegration – earning place back in community
Explanations • Role of Participants in Restorative Justice: – Victim: • Harm – assessing harm done • Forgiveness – accepting apology & extending forgiveness – Community: • Relationships – healing broken relationships
Explanations • 4 Characteristics of Restorative Program: – Encounter: meeting to discuss – Amends: offender taking steps to repair harm – Reintegration: restoring victims & offenders contributing to society – Inclusion: participation of parties to resolution
Explanations • Fundamental Principles: – Working for restoration of victims, communities & even offenders (VCO) – VCO must fully participate – Community’s role must be given significance
