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CORRECTION

ADMINISTRATION
BY:
Dean Willy R. Beralde
BSCrim/BSE/BSPSA
Licensed Criminologist
Review Director, Crim @ Norluz. Com Review Center
President, Cagayan Valley Educators Association for Criminology
Education
Delegate: INTERPOL Symposium on Police Education and Training
Lecturer & Resource Speaker: PPSC, Criminology School and
Criminology Review Centers
Traffic CourseProperty
Training Director
of Crim@Norluz.Com Reviewand Organizer
4/13/2011 Center
What is Correction?
CORRECTION is the branch of
administration of the criminal justice system
charged with the responsibility for custody,
supervision and rehabilitation of the
convicted offenders.
In the Philippines, CORRECTION is
the 5th pillar of the Criminal Justice System.

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HISTORY OF CORRECTION

When every part of the world was


occupied by men, rulers like kings and
emperor’s rose like mushroom, they made
LAWS so that the “LAWS OF THE
JUNGLE” WOULD NOT PREVAIL.

The HAMMURABI CODE, developed


4000 years ago by the king is the first
known Code of Laws providing punishment
for misbehavior. Its “EYE FOR AN EYE,
TOOTH FOR TOOTH” provisions were
intended to moderate excessive retaliation
by those who felt slighted or wrong.
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Is it an important reminder that desire for
revenges has been part of human nature
throughout the history. Public demand for
revenges for crime victims. Which means that
the public expects some measure for
retribution before prisoners are released.
While the public generally supports prisons
programs aimed at helping criminals become
crime free, history teaches us that they will not
do it so if these programs conflict with the felt
need revenge.
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The use of prisons
for punishment of criminal
is fairly recent idea. It was
initiated 400 years ago in
ENGLAND, and later in
the United State as
REFORM – as an
alternative to brutal
physical punishment or
execution of lawbreakers.
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The JAIL was introduce in
MEDIEVAL ENGLAND as a place of
CONFINEMENT of person arrested
and undergoing trial, and for those
convicted of minor offenses.
Convicted offenders were later on
chained to galleys to man the ship of
war countries such as England,
France and Spain, who used
transportation system of punishment
by sending their convicts to penal
colonies were they serve as a
SLAVE until they completed their
service of their sentences.
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However, during the last
half of the 19th’’ Century,
transportation of offenders
was abandoned because of
the agitation and protest of
the colonies.

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ANCIENT FORMS OF PUNISHMENT
A. Death Penalty – this was effected by
burning, boiling in oil, breaking at the
wheel or quartering, hanging and many
more…

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The Different Forms of
Judicial Death from the
most Ancient up to the
Recent

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ANCIENT:

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Flaying: Removing of
the Skin as a form of
Suffering

Burning at Stake:
Done on Witches &
Demon
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Boiling to Death

Buried Alive

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Breaking at the Wheel

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CRUCIFIXION

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Breaking the Back
(other use the term
“falling)

Disembowelment or
removal of parts of the
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Review to die slowly
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Walking by Plank: Done on a Pirates
and Mutineers

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A Guillotine (Used by Many English
Country in Death Penalty

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Quartering & Hanging

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QUARTERING

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Hanging
ANCIENT HANGING

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Judicial Hanging of the 19th

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A Gallows for Hanging

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GARROTE: Manila Bilibid Prison (1901)

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Death by Musketry (Firing Squad)

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Electric Chair

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Gas Chamber

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Lethal Injection

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A More Modern Form of Hanging
21st Century: Middle East

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Preparation and Rituals

Family of the victims are invited

Let the law punished the convicted


offenders: Aggrieved relatives
of the victim.

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Punishment must be full of sufferings:
Flogging before death.

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Readying the Tools for Hanging

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The FINALE

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B. Physical Torture – this
was the so-called corporal
punishment w/, was
effected by mutilation,
maiming, etc.

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C. Social Degradation – the purpose of this
was to put up the offender to shame or
humiliation. This was effected by
branding, use of ducking stool, pillory,
etc.

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D. Banishment – this was
sending or putting of an
offender which was carried
our either by a prohibition
against coming into a
specified territory or
prohibition against going
outside a specified territory,
such as an island to were
the offender has been
removed.

THE FALL OF MAN: A Banishment


from the Garden of Eden
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Corrections and Society: Its Principle

I. Major reasons for punishing a lawbreaker


a. Rehabilitation
i. Treat and reform lawbreaker
ii. Belief that wrongdoers should have
programs to assist in becoming a
productive member of society
iii. Prison system needs to provide
 Job training
 Psychological counseling
 Educational programs
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b. Restitution
a. Seeks repayment
b. Offender repays victim or community in
money or service
c. Incapacitation
a.Isolate criminal from society to protect
ordinary citizens
b.Confinement makes it impossible for a
criminal to commit further crimes
d. Deterrence
a. Seeks to prevent further crimes
b. Operates in two ways.
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1.Specific deterrence
1. Targets criminal in question
2. Relates a memory of harsh
punishment to deter the criminal
from any further crime
2.General deterrence
1. Targets other potential criminal
2. Others see the harsh punishment and
be discouraged from committing a
similar crime
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e. Retribution
i. Seeks revenge
ii. Oldest theory of punishment
iii. An eye for an eye.
iv. Critics state that it is too cruel for a
modern society

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TYPES OF PUNISHMENT
ACCORDING TO JEREMY BENTHAM

1. Capital punishment or death.


2. Afflictive punishment which includes
whipping and starvation.
3. Indelible punishment such as
branding, amputation & mutilation.
4. Ignominious punishment, such as
public punishment involving uses of stocks
and pillory.
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5. Penitential punishment, whereby an
offender might be censured by his or her
community.
6. Chronic punishment, such as
banishment, exile and imprisonment.
7. Restrictive punishment, such as license
revocation and administrative sanctions.
8. Compulsive punishment, which
requires an offender to perform a certain
action such as to make restitution or keep
in touch with a probation officer.
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9. Pecuniary punishment involving use of
fines.
10.Quasi-pecuniary punishment, in
which the offender is denied services
which would otherwise be available to
him or her.
11.Characteristic punishment such as
mandating that prison uniforms be worn
by incarcerated offenders.

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WHAT IS PENOLOGY?

PENOLOGY – the study


of punishment of
crime. It is branch of
criminology dealing
with the prison
management & the
deterrence &
reformatory treatment
of criminals.
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The term PENOLOGY came from:
a. PENO – Greek word “PIONO” and Latin word
“POENA” which means PUNISHMENT.
b. LOGY – a Latin word “LOGOS” which means
science.

PUNISHMENT – it is an instrument of public


justice.
PENALTY – it is the suffering inflicted by the
state for the transgression of the law.

Both PUNISHMENT and PENALTY are


terms used interchangeably but these
means only one thing.
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CONCEPT OF PENALTY:

Penalty in general
signifies pain; especially
considered in judicial
sphere, it means
suffering undergone
because of the action of
human society, by one
who commits crime.
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CONDITIONS OF PENALTY
1. Must be productive of suffering without
however affecting the integrity of the human
personality;
2. Must be commensurate with the offense of
different penalties;
3. Must be personal, no one should be punished
for the crime of others;
4. Must be legal, it is the consequence of
judgment based on law;
5. Must be certain, no one may escape its effect;
6. Must be equal for all
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Must be correctional
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THEORIES IN JUSTIFICATION OF
PENALTIES:

A. PREVENTION
B. SELF-DEFENSE
C. REFORMATION
D. EXEMPLARITY
E. JUSTICE
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3-FOLD PURPOSE OF
PENALTIES ACCORDING TO
REVISED PENAL CODE:
1. Retribution or Expiation
2. Correction or Reformation
3. Special Defense

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ORIGIN AND HISTORY OF
PUNISHMENT

A. Natural/Biblical – originated by God through


Banishment”.
B. The Code of Hammurabi – the first codified
law that provides punishment for anti-social act.
C. Retribution – primitive society employ
personal vengeance or revenge (law on
vendetta)
D. Penal Law – the classification and
identification of crimes and the provisions of
corresponding punishment

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PUNISHMENT IN PRIMITIVE
SOCIETY
1. DEATH
 Crucifixion
 Beheading
 Hanging
 Impaling
 Drowning
 Burning
 Feeding on Beast
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2. PHYSICAL TORTURE
 logging & Whipping
 Dismemberment & Mutilation
 Starvation
 Public humiliation
 Stocks and Pillory
 Ducking stools
 Branding

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3. IMPRISONMENT
 Dungeons
 Galleys
 Hulks
 Jail Houses
 Correctional Houses
 Workhouses
 Penitentiaries

4. TRANSPORTATION AND EXILE


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THE CRIMINOLOGICAL THEORIES
(On Punishment)
1. CLASSICAL THEORY –
the basis for the
retributive and punitive
aspect of punishment
where it emphasize that
the nature of punishment
must be equal to the
nature of crime. (“The
Punishment must Fit the
Crime”)
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2. NEO-CLASSICAL THEORY – it
supported the Classical Theory but it
must be modified in consideration of
the child and lunatic individual.
3. POSITIVIST THEORY – just like
illness, man may be subjected to
cure rather than punishing them for
their act. It is through this that the
word CORRECTION & REHABILITATION
considered as a means of controlling
the society’s anti-social act.
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CHARACTERISTICS OF:
CLASSICAL POSITIVIST
1. The purpose of imposing the penalty The purpose of imposing the penalty is
is RETRIBUTION, to make the REFORMATION, to correct or reform the
offender suffer to the same extent as wrong doer.
his victim has suffered.

2. The penalty is applied in a The penalty is applied only after a


MECHANICAL MANNER with little panel of SOCIAL SCIENTIST had
regard to the human element examined the offender. The penalty is
involved in the crime. applied NOT in a Mechanical Manner.

3. Man is regarded as a MORAL Crimes are regarded as SOCIAL


CREATURE who understand what is PHENOMENON which constrains
right or wrong so that if a man man to do wrong although it is not
voluntarily committed a crime, he his nature to do so. Crimes are
must face the consequences of the considered environmental.
crime.

4. The emphasis is on the CRIME The emphasis is on the CRIMINAL


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rather than the criminal.
4/13/2011 Centerrather than on the crime.
EFFECTS OF CORRECTIONAL
INSTITUTIONS

A. It opens the door to further study the


CRIMINAL rather than crime.
B. It clearly revealed that the criminal from
geographical, social, psychological and
environmental have direct bearing in the
commission of crime.
C. It also showed that a criminal is a person
subject to many factors usually beyond
his control.
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THE EVOLUTION OF
CORRECTIONAL INSTITUTIONS

1. St. Bridget’s
Wall (known also
as “Bridewell”)
about 1552 – The
First House of
Correction.
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2. 8th Century GAOLS
– this are poorly
constructed
unsanitary dump,
drafty or airless
gloomy dungeons,
foul smelling places
for detention.

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3. The HULK – is an
old sailing ship that
is no longer used
for sea voyages or
naval operations,
but it is anchored
in some port of
England that
houses convicted
criminals.
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4. The PANOPTICAN or
inspection prison house.
The first ENGLISH
PRISON. It was
designed by Jeremy
Bentham whose cell
arrangement around a
central apartment from
which the prison
supervisor could make a
close supervision on it’s
prisoner.
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THE EARLY PRISON
INSTITUTION & PENITENTIARIES
1. PRISON SHOULD BE
PENITENTIARIES: According to
WILLIAM PENN the Quaker
leader of Pennsylvania, the
prevention of crime was the sole
end of punishment but the
institution must help criminals not
to be plunged more on evil doings
penitent and reflection.
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Eastern Penitentiary

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2. THE PENNYSYLVANIA ACT
OF 1780: Abolition of
corporal punishment and
reducing capital punishment
by one-degree.

3. THE WALNUT STATE


PRISON: The First Prison in
United State located in
Philadelphia that establishes
SOLITARY CONFINEMENT
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Walnut State Jail/Prison

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4. DIFFERENCE: (PRISON AND
PENITENTIARY) Prison is solely
intended to inflict suffering on the
criminal including hard labor.
Penitentiary refers to place where
both crimes and sin could be
atoned for and penitence
produced through solitary
confinement, labor, meditation,
and communion with God.
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JOHN HOWARD: A Great Prison Reformer
John Howard was a sheriff and a social
activist . In his book The State of the Prison
in England and Wales (1777) was based on
his visit to penal institutions in various parts
of Europe. He discovered:
1. Overcrowding
2. Poor Living Conditions
3. Disorderliness
4. Abusive Practices of Prison Officials
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With this, he advocated that PENAL
ENVIRONMENT be made: (a) Safe, (b)
Humane, (c) Orderly. His opinion was that
incarceration must do more than punish; it
should also instill DISCIPLINE and REFORM
INMATES. He proposes an orderly
institutional routine of religious teaching,
hard work and solitary confinement to
promote INTROSPECTION and
PENANCE.
His work inspired the growing popularity
of the term PENITENTIARY.
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5. THE NEWGATE PRISON

This is not a real prison but an


abandoned copper mine field
located at Simsbury Connecticut.
The inmates are confined
underground and they
considered this place as BLACK
HOLE of HORRORS.
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6. THE AUBURN AND PENNYSYLVANIA
SYSTEM
These are the Two Prisons evolved and
emerge in the early part of 1800. The
Auburn Prison was inaugurated in 1819 after
the condition of Newgate Prison was
considered intolerable. It is characterized by
locking separately the inmates at night and
worked together in enforced silence in
congregate workshop during the day. The
Auburn Prison System was greatly influence
almost all Prison system in U.S.
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NOTE: PENNSYLVANIA SYSTEM refers
to system of US Penology in which
inmates were kept in solitary confinement
for the whole duration of sentence, while
AUBURN SYSTEM is an early system of
Penology originating at Auburn
Penitentiary in Auburn New York under
which an inmates are working and eating
in congregation during the day with
imposed silence plus solitary confinement
in cells at night.
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7. THE EASTERN PENITENTIARY

Was opened at Cherry Hill Philadelphia in


1829. It was constructed in a radial form
with seven blocks of outside cells. The
prisoner here are kept in single cells where
they lived, slept read the bibles and other
religious tracts and receive moral guidance
and instructions. Inmates are given works
like weaving, tailoring, shoemaking and
carpentry in their solitary cells.
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8. NEW YORK HOUSE OF REFUGE
THE FIRST JUVENILE REFORMATORY to
protect young delinquent from the influence of
hardened criminals & convict.

9. THE MACHONOCHIE & MARK


SYSTEM
CAPT. ALEXANDER MACONOCHIE of the
English Royal Navy of the Norfolk Island Penal
Colony instituted a Mark System to all prisoners
equivalents of today’s good conduct time allowance
& parole.
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10. THE IRISH SYSTEM

1854, Sir Walter Crofton became


the Director of the Irish Prison. He
uses the same mark system adopted
by Maconochie with some
modification.

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11. ELMIRA AND AMERICAN
REFORMATORY SYTEM
Patterned with the Auburn Prison System and
headed by Zebulon R. Brockway as the first
superintendent. This prison initiated the
classification of offenders according to performance
of the inmate until it reaches the highest grade in
order to avail parole. This is intended for
HARDENED CRIMINAL OFFENDERS. Its legal basis
was the indeterminate sentence and good conduct
and behavior using the Mark System of
Maconochie. THIS IS ALSO THE FIRST
REFORMATORYProperty INSTITUTION
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The Modern Prison Model

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MOST KNOWN PRISON PLAN

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TIME TO

BREAK
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