Rehabilitation and Executive Clemency in Prisons

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Questions and Answers

Which type of pardon completely reinstates all rights unless specified otherwise?

  • Conditional Pardon
  • Absolute Pardon (correct)
  • Commutation of Sentence
  • Amnesty

What does amnesty do regarding legal remembrance of an offense?

  • It obliterates it completely. (correct)
  • It allows for a commuted sentence.
  • It only applies to violent crimes.
  • It partially restores it.

Which of the following describes a commutation of sentence?

  • An unconditional release from prison.
  • A reduction of legal penalties without nullifying a conviction. (correct)
  • The complete forgiveness of a criminal conviction.
  • A temporary delay in the execution of a sentence.

What is the main function of parole?

<p>To support reintegration of prisoners under supervision. (A)</p> Signup and view all the answers

Which service is NOT typically considered part of prison rehabilitation programs?

<p>Political Advocacy (C)</p> Signup and view all the answers

What is a reprieve primarily associated with?

<p>Temporary delay in a sentence, especially the death penalty. (C)</p> Signup and view all the answers

How many kinds of pardon are described?

<p>Two (A)</p> Signup and view all the answers

Which pillar is NOT included in the Five Pillars of the Philippine Criminal Justice System as mentioned?

<p>Punishment (D)</p> Signup and view all the answers

What is the primary function of the prosecution within the criminal justice system?

<p>To investigate and prosecute crimes. (D)</p> Signup and view all the answers

Which office is responsible for supervising the performance of provincial and city prosecutors?

<p>The Regional Prosecutor's Office (D)</p> Signup and view all the answers

What role does the judiciary play in the criminal justice system?

<p>To serve as the final arbiter of legal disputes. (C)</p> Signup and view all the answers

Which institution is primarily responsible for the execution of punishment for convicts?

<p>The Bureau of Jail Management and Penology (A)</p> Signup and view all the answers

What is required for a candidate to pass the criminologist licensure examination?

<p>A weighted average rating of 75% with no subject below 60%. (C)</p> Signup and view all the answers

What happens if an examinee obtains a 75% average but has a grade below 60% in any subject?

<p>They are deferred and must retake the subject. (B)</p> Signup and view all the answers

Which of the following courts has specialized jurisdiction over cases involving government officials?

<p>Sandiganbayan (C)</p> Signup and view all the answers

What is a necessary requirement for a deferred examinee to retake a subject after failing?

<p>A grade of at least 80% in that subject. (A)</p> Signup and view all the answers

How does the community contribute to the criminal justice system?

<p>Through various institutions that play important roles. (C)</p> Signup and view all the answers

What is a consequence for an examinee who fails three or more subjects in the licensure examination?

<p>They are deemed to have failed the examination. (B)</p> Signup and view all the answers

Flashcards

Rehabilitation Programs in Prison

Various programs designed to improve prisoners' well-being and prepare them for release, including employment, education, religious services, recreation, and healthcare.

What is Executive Clemency?

The President of the Philippines has the sole authority to grant clemency, which can include pardon, amnesty, reprieve, or commutation.

What is a Pardon?

A pardon is a complete forgiveness of a crime, eliminating the punishment. It can be absolute (no conditions) or conditional, meaning the pardoned individual must meet certain requirements.

What is Amnesty?

Amnesty is broader than pardon, completely erasing the memory of a crime and restoring the offender's rights to full innocence. It involves forgetting a crime.

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What is Reprieve?

Reprieve is a temporary delay in the execution of a sentence, especially used to postpone the death penalty. It is a pause in the punishment.

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What is Commutation of Sentence?

Commutation of sentence involves reducing the severity of punishment, especially in terms of imprisonment. It doesn't erase the conviction but softens the sentence.

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What is Parole?

Parole is a process where prisoners, based on good behavior and progress, are released early with supervision, allowing them to reintegrate into society while still serving their sentence.

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What are the Five Pillars of the Philippine Criminal Justice System?

The Philippine Criminal Justice System has five pillars: law enforcement, prosecution, courts, corrections, and the community. These pillars work together to ensure a fair and effective justice system.

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Pillar of the Criminal Justice System

The primary institutions involved in enforcing the law and administering justice within a society. They interact directly with citizens and deal with criminal elements.

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Prosecution Function

The body responsible for investigating and prosecuting individuals suspected of crimes. This includes the National Prosecution Service, Regional Prosecutor's Offices, and Provincial/City Prosecutor's Offices.

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The Judiciary

The branch of government responsible for interpreting and applying the law. This includes the Supreme Court, Court of Appeals, Regional Trial Courts, Municipal/Metropolitan Trial Courts, Sandiganbayan, and Family courts.

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Sandiganbayan

A court specifically designed to handle cases involving government officials and potential corruption. It helps ensure accountability and transparency within the government.

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Correctional Institution

Agencies responsible for the confinement and rehabilitation of convicted individuals. This includes the Bureau of Jail Management and Penology, Bureau of Correction, and institutions for youth offenders.

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Community Role in Justice

Various institutions within a community that play a crucial role in promoting law-abiding behavior and supporting justice. This includes families, religious organizations, educational institutions, and private organizations.

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Criminologist Licensure Examination

An exam required for individuals seeking to become licensed criminologists. Individuals must obtain a weighted average score of 75% with no grade below 60% in any subject.

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Passing Requirements for Criminologist Licensure

The minimum requirement for passing the Criminologist Licensure Exam. Candidates must achieve a weighted average of 75% and no score below 60% in any subject.

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Deferred Examination Results

Candidates who achieve a 75% average but score below 60% in one or more subjects need to retake those specific subjects within two years. They must achieve at least 80% on the retake to pass.

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Failing the Criminologist Licensure Exam

Candidates who fail to retake a subject within two years or fail to achieve the required score of 80% need to retake the entire examination. Failure in three or more subjects results in failing the entire board exam.

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Study Notes

Rehabilitation Programs in Prison

  • Programs offered in prisons include employment, religious services, education, recreation, library services, food, health, and counseling.

Executive Clemency

  • Executive clemency is the power granted only to the Philippine president.
  • Four types of executive clemency:
    • Pardon: Forgiveness of a crime and penalty.
      • Absolute Pardon: No conditions attached. Does not automatically restore rights like holding office or voting unless explicitly stated.
      • Conditional Pardon: Partial forgiveness with limitations or conditions. Must be accepted by the offender to take effect.
    • Amnesty: Restores those guilty of offenses to innocent status. Eliminates all legal record of the offense.
    • Reprieve: Temporary delay in the imposition/execution of a sentence, particularly the death penalty.
    • Commutation of Sentence: Reduction of penalties, usually imprisonment. Unlike pardon, it does not nullify the conviction and is often conditional.

Parole

  • Parole is a process, not executive clemency.
  • It involves selecting prisoners for release based on their behavior and progress within the prison system.
  • It provides guidance and control as the prisoner serves the remainder of their sentence in the community.
  • Parole is implemented under the Indeterminate Sentence Law (ISLaw).

Philippine Criminal Justice System - Five Pillars

  • Law Enforcement: Frontline officers who deal directly with the public and criminals.
  • Prosecution:
    • Primarily handled by the National Prosecution Service (NPS), part of the Department of Justice.
    • NPS includes the Office of the Chief State Prosecutor, Regional State Prosecutor's Offices, and Provincial/City Prosecutor's Offices.
      • Chief State Prosecutor functions: investigates and prosecutes crimes, handles appeals, and investigates administrative charges against prosecutors.
      • Regional Prosecutor's Office: Supervises and coordinates Provincial/City Prosecutors.
      • Provincial/City Prosecutor's Office: Investigates and prosecutes violations of laws and ordinances within their area.
  • Judiciary (Courts): Final authority on disputes, including guilt/innocence.
    • Composed of the Supreme Court (highest), Court of Appeals, Sandiganbayan (specialized cases involving government officials), Municipal/Metropolitan Trial Courts, and Family Courts (specialized family matters).
  • Correctional Institutions: Agencies that execute punishments. These include the Bureau of Jail Management and Penology, Bureau of Corrections, and youth correctional institutions under the Department of Social Welfare and Development.
  • Community: Families, religious groups, education institutions, and other organizations that play a role in the justice system.

Criminologists Licensure Examination

  • Applicants must pass a licensure examination set by the Professional Regulation Commission (PRC).
  • To pass, candidates need a weighted average of 75%, with no subject score below 60%.
  • If a candidate achieves 75% but has any subject below 60%, they can retake the failed subject(s) within two years. A score of 80% is required in the retake.
  • Failure to achieve the passing grade or retake within two years required the retaking of all subjects failing three or more subjects means failure in the entire examination.

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