Purpose of Punishment and Penalty

Purpose of Punishment

• Prevention: Punishment serves as a deterrent, discouraging future criminal activity by the offender and others.
• Self-Defense: The state protects society from ongoing threats and wrongs committed by criminals.
• Reformation: Punishment aims to rehabilitate the offender and encourage them to reintegrate into society as a law-abiding citizen.
• Exemplarity: Punishment serves as a public example, dissuading others from engaging in similar criminal behavior.
• Justice: It is a form of retribution, ensuring the violation of absolute rights and moral principles is addressed.

Purpose of Penalty

• Retribution or Expiation: A penalty proportionate to the seriousness of the crime, serving as payment for the harm caused.
• Corrective or Reformation: Penalties, particularly those involving deprivation of liberty, provide opportunities for the offender's reformation.
• Social Defense: Penalties, especially for repeat offenders (recidivists), protect society from further criminal activity.

Juridical Conditions of Penalty

• Productive of Suffering: Punishment must inflict pain, but without compromising the offender's human dignity.
• Commensurate with the Offense: Different crimes carry different punishments.
• Personal: The offender, and not a proxy, is responsible for the punishment.
• Legal: All punishment must be legally sanctioned.
• Equal: Penalties are applicable to all individuals equally.
• Certain: No one is exempt from the consequences of their actions.
• Correctional: Penalties should aim to change offenders' attitudes and encourage them to become law-abiding citizens.

Duration of Penalties

• Death Penalty: Capital punishment, the ultimate penalty.
• Life Imprisonment: Imprisonment for life, typically for crimes under special penal laws.
• Reclusion Perpetua: Imprisonment for 20 years and 1 day up to 40 years.
• Reclusion Temporal: Imprisonment for 12 years and 1 day to 20 years.
• Prision Mayor: Imprisonment for 6 years and 1 day to 12 years.
• Prision Correctional: Imprisonment for 6 months and 1 day to 6 years.
• Arresto Mayor: Imprisonment for 1 month and 1 day to 6 months.
• Arresto Menor: Imprisonment for 1 day to 30 days.
• Bond to Keep the Peace: A discretionary penalty imposed by the court.

Constitutional Restrictions on Penalties

• The Philippine Constitution outlines specific restrictions on penalties, ensuring fairness and due process.

Jail Terminology

• Illegal Contraband: Items prohibited by law, such as dangerous drugs, weapons, and explosives.
• Nuisance Contraband: Items that are not illegal but forbidden in jail settings due to concerns about security, sanitation, or order.
• Conjugal Visitation: A visit by a wife to her incarcerated husband, typically an hour in duration with privacy, allowing for potential sexual contact.
• Detainee: A person held in jail pending investigation, trial, or final judgment.
• Prisoner: An individual who has been convicted by a final judgment.
• Inmate: A general term encompassing both detainees and prisoners.
• Escape-Prone Inmates: Inmates with a history of or a propensity to escape.
• Infirmed Inmates: Inmates with prolonged physical or mental vulnerabilities due to illness or age.
• Instrument of Restraint: Devices used to control inmates, such as handcuffs.
• Jail Incident: Any unusual event or condition within a jail, such as a jailbreak, riot, assault, or security breach.
• Jailbreak: An escape from jail involving multiple inmates with the use of force or deception.
• Jail Escape: An escape from jail through unauthorized or illegal means.
• Rehabilitation: Programs designed to restore inmate self-respect and responsibility, preparing them for life after serving their sentence.
• Safekeeping: Temporary custody of a person for their or the community's protection.
• Sex Offenders: Inmates who have committed crimes involving sexual assault, molestation, or pornography.
• Sexual Deviates: Inmates who have unusual sexual practices or engage in socially prohibited behavior.
• Suicidal Inmates: Inmates who exhibit suicidal tendencies.
• Bisexual: Individuals attracted to both men and women.
• Gay: Male homosexual inmates.
• Lesbian: Female homosexual inmates.
• Transgender: Individuals whose gender identity or expression differs from their assigned biological sex.

Commitment and Classification of Prisoners and Detainees

• Commitment: The process of placing an inmate in a jail facility by court order.

• Authorized Entities for Commitment:

  • Supreme Court
  • Court of Appeals
  • Sandiganbayan
  • Regional Trial Court
  • Metropolitan/Municipal Trial Court
  • Municipal Circuit Trial Court
  • Congress of the Philippines
  • Other authorized bodies or individuals.

• Classification: Grouping inmates based on factors like penalty, gender, age, health, and criminal history.

Categories of Inmates

• Subversive Group: Individuals or groups advocating for the overthrow or undermining of the government.
• Terrorist Group: Individuals or groups engaging in activities like piracy, rebellion, insurrection, coup d’état, murder, kidnapping, and acts of destruction.
• Violent Extremist Offender (VEO): Individuals whose political or religious ideologies are considered extreme and who resort to violence to achieve their goals.
• Medium Risk Inmates: Inmates posing a moderate risk to staff and the public. They require increased security and supervision.
• Minimum Risk Inmates (Ordinary Inmates): First-time offenders or individuals charged with minor offenses, posing the least risk to public safety.

Requirements for Commitment

• Commitment Order: A court order authorizing the inmate's detention.
• Medical Certificate: A recent medical examination conducted within 24 hours of admission.
• Complaint/Information: The formal document outlining the charges against the inmate.
• Police Booking Sheet: A record of the inmate's arrest and initial information.
• Certificate of Detention: Confirmation from the PNP or NBI regarding the inmate's detention.

Reception Procedures

• GATER:* An officer who verifies the committing officer's identity and authority and checks the completeness of the required documents.
• DESK OFFICER:* Registers the inmate in the jail blotter, assigns them to a reception area, and schedules orientation, risk assessment, and medical screenings.
• ASSISTANT WARDEN OR OFFICER OF THE DAY:* Provides inmates with an orientation on jail rules and regulations.
• JAIL WARDEN:* Coordinates with relevant agencies regarding the inmate's case, ensuring its timely resolution, and providing necessary documents.

Classification Board

• A body responsible for classifying inmates. It usually consists of the following:
  • Chairperson: Assistant Warden
  • Members: Chief, Custodial/Security Office; Medical Officer/Public Health Officer; Jail Chaplain; Inmates Welfare and Development Officer.

Classification Process

• 1. Admission of Inmate:* Newly admitted inmates stay in the Inmate Classification and Counseling Unit (ICCU) for a minimum of 30 days and maximum of 60 days, undergoing various assessments.
• 2. Medical Examination:* Assessment of the inmate's overall health.
• 3. Dental Examination:* Examination of teeth, gums, and overall dental health.
• 4. Psychological Examination:* Evaluation of the inmate's mental and emotional state.
• 5. Social Case Study:* A detailed examination of the inmate's background, including family, education, social interactions, and other relevant issues.
• 6. Risk Assessment:* Evaluation of the inmate's potential for violence or escape.
• 7. Psychiatric Evaluation:* Assessment of the inmate's mental state and diagnosis of potential psychiatric disorders.
• 8. Case Management:* Consolidation of assessment results and determination of the appropriate inmate classification and development programs.
• 9. - (Missing Information:* Text is incomplete, further notes are required. )