Basic Terms to Remember: Penology



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Correctional Administration

(Institutional Correction)




Basic Terms to Remember:

Penology

The study of punishment for crime or of crime offenders, it includes the study of control and prevention of crime through punishment of criminal offenders.

The term is derived from the Latin word “POENAwhich means pain or suffering.

Penology 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 wrong doing.

Penal Management

This refers to the manner or practice of managing or controlling places of confinement as in jails or prisons.



Correction

A branch of the Criminal Justice System concerned with the custody, supervision, and rehabilitation of criminal offenders.

It is that field of Criminal Justice Administration 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 purposes 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, programs, procedures, personnel, and techniques concerned with the investigation, intake, custody, confinement, supervision, or treatment of alleged offenders.

Correction as a Process:

This refers to the reorientation of the criminal offender to prevent him or her from repeating his deviant or delinquent actions without the necessity of individual measures of reformation.




INSTITUTIONAL

NON-INSTITUTIONAL

The reformation and rehabilitation of criminal offenders are held inside a correctional institution or penal establishment

The reformation and rehabilitation of criminal offenders are provided in community / outside prison

BJMP, DSWD, BUCOR, Jails, and Prisons

Parole, Probation, Executive Clemencies


Correctional Administration

The study and practice of a systematic management of jails or prisons and other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders.



FAQ’S

BLUE-FLU – the practice of uniformed personnel of taking sick leave EN MASSE to back-up their demands for improved working conditions, salary increments, and other items on their agenda.

COMPETENT AUTHORITY – refers to the Supreme Court, Court of Appeals, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Courts, Sandigan Bayan, Military Courts, House of Representatives, Senate, Commission on Elections, Bureau of Immigration and Deportation and Board of Pardons and Parole.

CARPETA – refers to the institutional record of an inmate which consist of his mittimus/commitment order, the prosecutor’s information and the decision of the trial court, including the appellate court, if any

COMMITMENT – the entrusting for confinement of an inmate to a jail by competent authority for investigation, trial and/or service of sentence.

CLASSIFICATION – refers to the assigning or grouping on inmates according to their sentence, gender, age, nationality, health, criminal record, etc.

a method by which diagnosis, treatment, planning, and execution of treatment programs are coordinated to an individual.



  • the process of assigning inmates to types of custody or treatment programs appropriate to their needs. Also known as DIVERSIFICATION

COMMITMENT ORDER – a written order of the court or any other competent authority consigning an offender to a jail or prison for confinement.

CONTRABAND – any article, item, or thing prohibited by law and/or forbidden by jail rules.

Types of Contraband:

  1. Illegal Contraband – prohibited by law

  2. Nuisance Contraband – prohibited only by jail rules

COED INSTITUTION – or co-correctional institution which holds both male and female offenders who interact and share the facility except for sleeping areas. They study, eat, dance, work, and engage in leisure activities within one campus.

CONVICT BOGEY – society exaggerated fear of the convict and ex-convict which is usually far out of proportion to the real danger they present.

DETERRENCE – a crime-control strategy that uses punishment to prevent others from committing similar crimes.

DIVERSIFICATION – administrative device correctional institutions of providing varied and flexible types of physical plants for more effective control of treatment programs of its diversified population.

DEINSTITUTIONALIZATION – a crime strategy that focuses on keeping the offenders in the community rather than placing them in long-term institution.

DETERMINATE SENTENCE – a fixed period incarceration imposed on the offender by the court.

ESCAPE – an act of getting out unlawfully from confinement or custody by an inmate.

  • Evasion of service of sentence (Art. 157, RPC)

  • Is derived from the Greek word ESCAPIO and from the Latin word ESCAPIUM which means by chance or accident.

EXPUNGEMENT – the process by which the record of crime conviction is destroyed or sealed after expiration on statutory required time.

FURLOUGH – authorization that permits inmate to leave confinement, for emergency family crises, usually accompanied by correctional officer. Crises include “Death Bed”

Rules on Furlough

  • Not more than 30 km radius from the prison facility

  • More than 30 km but you can return in daylight time

  • Duration is for 3 hours only

  • Cannot join any funeral procession

  • Request at least 3 days before the day of visit

  • Approved by the trial court

  • Inmates confined in maximum security prison compound are disqualified to avail the privilege of furlough

HALFWAY HOUSES – are non-confining residential facilities for adjudicated adults or juvenile or those subjects to proceedings. They are alternative to containment for person not suited for probation that need period for readjustment to the community after imprisonment

Types of Halfway Houses:

  1. Halfway Out – prerelease facility used to orient the prisoner before release for adjustment purposes in coping in the outside.

    1. Pre-Release – place for parole eligible

    2. Parolees – granted parole but needs assistance in coping outside

  2. Halfway In – consisting of prisoners who are half way in prison includes:

    1. Probation Violators

    2. Parole Violators

NOTE: Halfway Houses in NBP are joint project of Asia Crime Prevention Foundation, Nagoya Japan West Club and UNAFEI, from Japanese end, and the Asia Crime Prevention Inc., DOJ, NAPOLCOM, Muntinlupa Lions Club, and other NGO’s on the side of the Philippines.

INDETERMINATE SENTENCE – sets minimum and maximum period of incarceration.

INSTRUMENT OF RESTRAINT – a device, contrivance, tool, or instrument used to hold back, keep in, check, or control an inmate; e.g. hand cuffs, leg irons

JAILBREAK – the escape from jail by more than two inmates by the use of force, threat, violence, deceit or by breaching security barriers such as by scaling the perimeter fence, by tunneling and/or by other similar means or by burning or destructing of the facility with or without the aid or jail officer or any other person.

MITTIMUS – a warrant issued by a court bearing its seal and the signature of the judge, directing the jail or prison authorities to receive inmates for custody or service of sentence imposed therein.

OPERATION GREYHOUND – a surprise and unannounced invasion of a cell inside a prison facility conducted by uniformed personnel of the prison establishment to search for any type of contraband.

PENANCE – an ecclesiastical punishment inflicted by an ecclesiastical court for some spiritual offense.

PENITENTIARY – a prison, correctional institution, or other place of confinement where convicted felons are sent to serve out the term of their sentence.

PRISON RECORD – refers to information containing an inmate’s personal circumstances, the offense he committed, the sentence imposed, the criminal case numbers in trial appellate courts, the date he commenced service of his sentence, the date he was received for confinement, the place of confinement, the date of expiration of his sentence, the number of previous convictions, if any, and his behavior and conduct while in prison.

PROSELYTIZING – coercing an inmate to change and practice other religion

PRISONIZATION – process by which an inmate learns through socialization; the rules and regulation of the penitentiary culture.

REHABILITATION – a program of activity directed to restore an inmate’s self-respect thereby making him a law-abiding citizen after serving his sentence.

  • To change an offender’s character, attitude, or behavior patterns so as to diminish his or her criminal propensities.

WEEK-END CONFINEMENT / DELAYED SENTENCE – offender is allowed to retain current employment and permit sentences to be served during weekends.

Historical Perspective on Corrections

Important Dates and Events in the History of Corrections:

13th Century – Securing Sanctuary – In 13th Century, a criminal could avoid punishment by claiming refugee in a church for a period of 40 days at the end of which time, he has compelled to leave the realm by a road or path assigned to him.

Benefit of the Clergy – In 13th Century, a compromise between the church and the king, wherein any member of the clergy brought to trial in the king’s court shall be claimed from the jurisdiction by the bishop or chaplain representing him and placed under the authority of the ecclesiastical court.

  • It was provided for the clergies in Europe during the 12th Century by giving them exemption for criminal punishment

  • 1468 (England) – torture as a form of punishment became prevalent.

  • 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.

  • Piracy act of 1717 – 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.

  • 17th Century to late 18th Century – Death penalty became prevalent as a form of punishment.



Gaols – (Jail) 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.

Hulks – decrepit 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”

Gulags – the term Gulag of Igorot Mountain Tribe according to the linguist, refers to a wooden-fence where convicted felons were imprisoned by the elders.

  • At the height of the Banawe Rice Terraces construction, the tribe’s chieftain considers it a crime for any able-bodied male who refuses to work at the terraces, if found guilty of such idleness, he will be sent to Gulag.

Gulag of Germany – this is infamous Gulag Prison of Aleksandi Solzhenitsyn in Germany, where thousands of dews were man-slaughtered during the reign of Acolph Hitler.

Gulag of Russia – this is synonymous for corrective labor camp penal institution establisghed in 1918 after the Russian Revolution. It was the most feared prison during the reign of Joseph Stalin on 1934 to 1947.

Penological Theories:

The first attempt to explain crime was made by the Athenian Philosopher, Aristotle. In his book “Nicomedean Ethics”, he discusses corrective justice, thus – “punishment is a means of restoring the balance between pleasure and pain



The Emergence of Secular Law

4th A.D. – secular laws were advocated by Christian Philosopher who recognizes the need for justice. Some of the proponents these laws were St. Augustine and St. Thosmas Aquinas.



Laws were distinguished:

  • External Law (Lex Externa)

  • Lex Divina (Divine Law)

  • Natural Law (Lex Naturalis)

  • Human Law (Lex Humana)

All these laws are intended for the common good, but the Human Law became valid if it does not conflict with the other two laws.

The Judean – Christian Theory

Following the Secular Theory of punishment was the Judean or Christian Theory, which was at its fullest development 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 Primary Schools of Penology:

  1. The Classical School – it maintains the “Doctrine of Psychological Hedonism” or “Free Will”. The individual calculates pleasure and pain in advance of action and regulates his conduct by the result of his calculations.

Basis of Criminal Liability – absolute human free will

  1. 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 form pain, they should not be regarded as criminals; hence they should be free from punishment.

Result of the Neo-Classical Theory:

  • Exempting circumstances admitted

  • Reduction of punishment for partial freedom of the will – only partial responsibility

  • Punishment was mitigated for lack of full responsibility

  • It represented the reaction against the seventy of the classical theory of equal punishment irrespective of circumstances

  1. The Positivist / Italian School – the school that denied individual responsibility and reflected non-punitive reactions to crime and criminality. It adheres that crime, 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.

  • Treats criminals as sick individuals

  • Purpose of punishment is treatment and rehabilitation

Eclectic – it means selecting the best of various styles or ideas, also known as Mixed Theory.

Redress (Compensation) of a Wrong Act

Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to anyone 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 has 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 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

  1. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 B.C. credited as the oldest code prescribing savage punishment, but in fact Sumerian Codes (Code of King Ur-Nammu) were nearly on hundred years older.

  • Applied the Doctrine of Lex Taliones (Law of Retaliation)

  • Believed in the philosophy of Tit for Tat

  1. Roman and Greek Codes

  1. Justinian Code – 6th Century 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.

  • The Twelve Tables (XII Tabulae), (451-450 BC) – represented the earliest codification of Roman law incorporated into the Justinian Code. It is the foundation of all public and private law of the Romans until the time of Justinian. It is also a collection of legal principles engraved on the tablets and set up on the forum.

  1. 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)

  • The Greeks were the first society to allow any citizen too prosecutes the offender in the name of the injured party.

  1. The Burgundian Code (500 A.D.) – specified punishment according to the social class of offender, 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)

The Spanish Civil Code became effective in the Philippines on December 7, 1889, the “Conquistadores” and the “Kodigo Penal (The Revised Penal Code today, 1930) was introduced by the Spaniards promulgated by the King of Spain. Basically, these laws adopted the Roman Law principles (Coquia, Principles of Roman Law 1996). Sometimes called as “Ley Engiciamiento Criminal



Mostly tribal traditions, customs and practices influenced laws during the Pre-Spanish Philippines. There are also laws that were written which include:

  1. The Code of Kalantiao (promulgated in 1433) – by Datu Kalantiao of Panay. 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 Prison:

  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 purposely against roving bands of raiders.

  1. Bridewell Workhouse – the most popular workhouse in London which was built for the employment and housing of English prisoners. It was named after St. Bridget Well (1557).

  2. Wulnut Street Jail – originally constructed as a detention jail in Philadelphia. It was converted into a state prison and became the first American Penitentiary.

  3. Ergastalum – it is an ancient prison wherein prisoners are attached to workbenches and are forced to do hard labor in the period of their imprisonment.

  4. Maine State Prison – a prison similar to the underground system in a long-ago Rome.

  5. Maison de Force (1627) – a house correction in Ghent, Belgium which separate adult from juveniles and women from men, an innovation to prison system during the 1600’s, established by Dean Jaques Villian (Father of Penitentiary Science).

  6. Sing-Sing 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 locked naked offender. The force of icy cold water hitting the head of the offender which cause so much pain and extreme shock that prisoners immediately sank into coma due to the shock and hypothermia or sudden drop in body temperature.

  7. Alcatraz (The Rock) – the prison is located on an island in San Francisco Bay. It was built for the military in 1850 and used by them as a fort and a prison until 1933 when it passed to the Department of Justice thru the recommendation of Director John Edgar Hoover and became a civil prison until it was closed in 1963 thru the writing of James Bennet.

  • The hardest prison in history where number one public enemies are imprisoned like Al Capone.

Famous Escapees of Alcatraz (1962):

  1. Frank Morris

  2. Clarence and John Anglin


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