CA311 Punishment PDF

CA311 WEEK 2 shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied Punishment – The remedy...

CA311 WEEK 2 shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied Punishment – The remedy the state takes against the equal protection of the laws. an offending member of society usually involves pain and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing. JURIDICAL CONDITIONS OF PENALTY ANCIENT FORM OF PUNISHMENT Must be productive of suffering DEATH PENALTY - It is affected by burning, Must be commensurate to the beheading, hanging, breaking at the wheels, and offense other forms of medieval executions. Must be personal Must be legal  GARROTE – Method of strangulation or by Must be certain breaking neck Equal to all  FIRING SQUAD – Composed of several Must be correctional soldiers instructed to fire simultaneously  HANGING – Method of death penalty EXEMPTION FROM PUNISHMENT - The involves executing a person by suspending exemption from punishment is based on the them with a rope around their neck complete absence of intelligence, freedom of  ELECTRIC CHAIR – Person is strapped to action, or intent, or the absence of negligence on a chair and electrocuted the part of the accused.  PHYSICAL TORTURE – Affected by SCHOOL OF THOUGHT IN CORRECTION PRE- maiming or mutilation and other inhumane CLASSICAL THEORIES or barbaric form of inflicting pain  SOCIAL DEGRADATION – Putting the  SECULAR THEORY OF PUNISHMENT offender into shame (ARISTOTLE) - Restoring the balance  SHAVING - Shaving the head and legs of between pleasure and pain whereby the the person before executing in the electric loss suffered by the victim is compensated chair by the suffering of the offender.  BANISHMENT OF EXILE – Sent away or  JUDEAN CHRISTIAN THEORY - Fun put away by the prohibition against coming punishment has a redemptive purpose of into specified territory repelling sin advocated the founding  TRANSPORTATION OF PRISONERS – principle that reflects the Judeo-Christian Moving prisoners from their pace of tradition through the idea that leader should imprisonment to the location where the be selfless and moral in republicanism. execution would take place  THE RISE OF CANONICAL CHURCH (CHURCH COURT) - The church forbids its PURPOSES/JUSTIFICATION OF PUNISHMENT adherence to state court and later in the  RETRIBUTION - The punishment should be medieval period, the power of state court provided by the state whose sanction is declaimed the canonical court was mainly violated, to afford the society or the for reformatory purposes. individual the opportunity of imposing upon  INDIVIDUALIZATION OF PUNISHMENT - the offender suitable punishment as might The lawmakers and judges had the practical be enforced task of making and administering law but  EXPIATION OR ATONEMENT – were also faced with the indignation of the Punishment in the form of group vengeance community at a particular offense. where the purpose is to appease the  ABUSE OF JUDICIAL offended public group INDIVIDUALIZATION - The law gave  DETERRENCE - Punishment gives a judges wide discretion to impose additional lesson to the offender by showing to others penalties because of the circumstances. what will happen to them if they violate the  CLASSICAL SCHOOL – Considered man law. as a free moral agent therefore he is  INCAPACITATION AND PROTECTION - responsible for his act. The public will be protected if the offender  NEO-CLASSICAL SCHOOL - The judge has been held in conditions where they was given discretion in certain crimes to cannot harm others, especially the public. very punishment between the maximum and  REFORMATION AND REHABILITATION- minimum fixed by law. When we are talking about people the  POSITIVE SCHOOL - Defined individual meaning of reformation is changing their responsibility and reflected an essential non belief system and rehabilitation is changing punitive reaction to crime and criminality. their actions.  MODERN CLINIC SCHOOL – It studies the criminal rather than the crime.  UTILITARIANISM – Founded by Jeremy Bentham, assumes all actions are all CONSTITUTIONAL PROVISION FOR calculated under their likelihood of bringing IMPOSITION OF PUNISHMENT - Article 3 section pleasure or pain. Devised the mathematical 1 of the 1987 constitution provides that no person formula called “felicific calculus” CORPUZ, JL M. Page 1  CA311 THEORIES JUSTIFYING IMPOSITION OF discretion, aims to increase consistency and reduce PUNISHMENT (PENALTY) unwarranted sentencing disparities.  PREVENTION THEORY – Prevent or VOLUNTARY/ADVISORY GUIDELINES suppress the danger to the state SENTENCING – not legally required to follow the  SELF-DEFENSE THEORY – Punishment is guidelines, results for more judicial discretion but justified as a means of protecting society can cause greater sentencing disparities.  REFORMATION THEORY – to correct and reform the offenders MODERN PENALTIES  EXEMPLARY THEORY – Punishment  IMPRISONMENT should serve as a public example to deter  PROBATION others  PAROLE  JUSTICE THEORY – Punishment is  DIVERSION necessary response to wrongdoing, ensuring offenders receive a penalty  COMMUNITY SERVICE proportional to the harm caused.  FINE SENTENCING  SENTENCE – Formal judgment issued by a WEEK 3 court that specifies the punishment of IMPORTANT DATES AND EVENTS IN THE penalties imposed on a convicted individual HISTORY OF CORRECTIONS for their crime  SENTENCING - The process by which a 1468 (ENGLAND) - Torture as a judge determines the appropriate form of punishment become punishment for a defendant following a prevalent. conviction, considering factors like the 16TH CENTURY - Transportation of severity of the crime and the offender’s criminals in England, was history. authorized. It partially relieved the overcrowding of prisons. But it was GOALS OF SENTENCING abandoned in 1835. 17th C to late 18th C - Death  REVENGE Penalty became prevalent as a form  RETRIBUTION of punishment.  DETERRENCE  INCAPACITATION THE GOLDEN AGE OF PENOLOGY  REHABILITATION  JUST DESERTS The period from 1870 to 1880 was considered the  RESTORATION golden age of penology because of the following significant events: TYPES OF SENTENCES  1870 - The National Prisons Association  MANDATORY SENTENCE – Predefined organized in Cincinnati, Ohio term of imprisonment for certain crimes  1872 - The First International Congress was  CONSECUTIVE/CUMULATIVE held in London which established the SENTENCE – does not begin to run until International Penal and Penitentiary the expiration of prior sentence Commission.  CONCURRENT SENTENCE – run  1875 - its headquarters was established at concurrently defendants serve all the Hague, Netherlands. sentences  1876 - The Elmira Reformatory (Forerunner of modern penology) was established in SENTENCING MODELS New York.  1878 - The First separate institution for  INDETERMINATE SENTENCING – range women was established in Indiana and of possible sentence, depending on the Massachusetts. circumstances of the case and the discretion of the sentencing judge or jury. GAOLS (JAILS) - Pre-trail detention facilities  DETERMINANTE SENTENCING – operated by English Sheriff. provides specific and predetermined sentence for a specific crime GALLEYS - long, low, narrow, single-decked ships  GUIDELINE SENTENCING - a sentencing propelled by sails, usually rowed by criminals. A model that provides a range of possible type of ship used for transportation of criminals. in sentences for a specific crime, based on the 16th century. severity of the offense and the criminal history of the offender. HULKS - Decrepit transport, former warships used Ito house use prisoners in the 18th and 19th TYPES OF GUIDELINE SENTENCING centuries. These were abandoned warships converted into prisons as means of relieving PRESUMPTIVE/MANDATORY GUIDELINES congestion of prisoners. They were also called SENTENCING - judges must follow, they have less "floating hells". CORPUZ, JL M. Page 2  CA311 THE AGE OF ENLIGHTENMENT  ZEBULON BROCKWAY – “Father of prison reform” The 18th century is a century of change. It is the period of recognizing human dignity. It is the TWO RIVAL PRISON SYSTEM IN THE HISTORY movement of reformation, the period of introduction OF CORRECTION of certain reforms in the correctional field by certain person.  AUBURN PRISON SYSTEM – CONGREGATE SYSTEM, kept in their cells  WILLIAM PENN – Fought for religious at night and brought together to work in freedom and individual right, first leader to workshops during the day. prescribe imprisonment as a correctional  PENNSYLVANIA PRISON SYSTEM – treatment for major offenders, abolition of SOLITARY SYSTEM, Individual cells death penalty around the clock  CHARLES MONTESQUIEU – French historian, punishment would undermine BABYLONIAN AND SUMERIAN CODES morality and that appealing to moral sentiments was better means of preventing  THE CODE OF KING HAMMURABI - crime. established in Babylon around 1990 BC, is  VOLTAIRE (FRANCOIS MARIE AROUET) recognized as one of the oldest legal codes, – Fear of shame was a crime deterrent. known for its harsh and severe Fought the legality-sanctioned practice of punishments. torture  THE CODE OF UR-NAMMU - originating  CESARE BECCARIA – “An essay on From Mesopotamia, is the oldest known law crimes and punishment, also a founder of code still in existence today. Written in the Classical School of Thought. Sumerian language on tablets, it provides  JEREMY BENTHAM – leader in the reform an early example of Formalized legal of English criminal law, punishment principles. designed to negate the pleasure or gain EARLY CODES (PHILIPPINE SETTING) from crime, Panopticon Prison.  JOHN HOWARD – Sheriff of Bedforshire The Philippines is one of the many countries under 1773, devoted his life and fortune to prison Roman Law's influence. History has shown that reform, he recommended the following: the Roman Empire reached its greatest extent in single cells for sleeping, segregation of the most of continental Europe such as Spain, women, segregation of youth, provision of Portugal, France, and Central Europe. sanitation facilities, abolition of fee system by which jailers obtain money from Eventually, the Spanish Civil Code became prisoners. effective in the Philippines on December 7, 1889, the “Conquistadores” and the “Kodigo THE REFORMATORY MOVEMENT Penal” (The Revised Penal Code today) was introduced by the Spaniards promulgated by This consisted in the introduction of certain reforms the King of Spain. These laws adopted the in correctional field by certain persons, gradually Roman Law Principles. changing the old punitive philosophy of punishment (Mass treatment, enforced silence, idleness, EARLY PRISONS regimented rules and severe punishment) to a more humane treatment of prisoners with  Prison - From the Greco-Roman word innovative institutional programs. ‘presidio’ which is synonymous with fence, cave, or dungeon.  ALEXANDER MACONOCHIE –  Mamertine Prison - The only early Roman Superintendent of the penal colony at place of confinement which is built under Norfolk island in Australia, Mark System the main server of Rome in 64 B.C.  MANUEL MONTESIMOS - Director of  Bridgewell Workhouse - The most popular Prisons in Valencia Spain (1835) who workhouse in London which was built for the divided the number of prisoners into employment and housing of English companies and appointed certain prisoners prisoners. as petty officers in charge, which allowed  Walnut Street Jail - Originally constructed good behavior to prepare the convict for as a detention jail in Philadelphia. It was gradual release. converted into a state prison and became  DOMETS OF FRANCE – Agricultural the first American Penitentiary. colony providing housefathers as in charge,  Alcatraz Prison - It is an island in San concentrated on re-education, upon Francisco Bay. It was the site of the discharge, the boys were placed under the infamous prison noted for its inhumane supervision of a guardian treatment and torture.  SIR EVELN RUGGLES BRISE – Borstal  Auschwitz Prison - Built by the Germans institution, Bortal system (reformatory near Cracow Poland. It was popularly designed for youths between 16 and 21) known as the death camp headed by Rudolf  WALTER CROFTON – Director of irish Hoess. More than 2 million innocent victims prison, “Irish system” adapted from “Mark perished either by torture, or gas chambers system” CORPUZ, JL M. Page 3  CA311 in this infamous dreaded concentration  Tertiary Prevention – Dealing with actual camp. offenders and intervention. EARLY PRISON IN THE PHILIPPINES TWO TYPES OF CORRECTION The main insular penitentiary was the Old Bilibid  INSTITUTIONAL CORRECTION – Prison in Manila constructed in 1874 and Institutional-based correction formally opened by a Royal Decree in 1865. The  NON-INSTITUTIONAL CORRECTION – San Ramon Prison in Zamboanga City was next Community-based correction established in 1869, originally to confine Muslim rebels, but was closed during the Spanish- PHILIPPINE CORRECTION ADMINISTRATION American War, and reopened in 1898.  Bureau of Corrections (BUCOR), under During the pre- Spanish period, the prison the DOJ; which has supervision over the system in the Philippines was tribal in nature. national penitentiary and its penal farms; Village chieftains administered it. It was historically  Bureau of Jail Management and traced from the early written laws. Penology (BJMP), under the DILG; which has exclusive control over all city, municipal In 1847, the first Bilibid Prison was constructed and and district jails nationwide; became the central place of confinement for Filipino  Provincial Governments, under DILG; Prisoners by the Royal decree of the Spanish which supervise and control their respective crown. provincial and sub-provincial jails; and In 1936, the city of Manila exchanged its  Department of Social Welfare and Muntinlupa property with the Bureau of Prisons Development(DSWD), which takes care of, originally intended as a site for a boys’ training among others, youthful offenders entered in school. Today, the old Bilibid prison is now detention centers for juveniles, aside from being used as the Manila City Jail, famous as the these, „May Halique Estate‟‟. DURATION OF PENALTIES  Death Penalty - Capital Punishment WEEK 4  Reclusion Perpetua - Life Imprisonment, a term of 20-40 years imprisonment PENOLOGY – The study of punishment for a crime  Reclusion Temporal - 12 yrs and 1 day to or of criminal offenders, it includes the study of 20 yrs imprisonment control and prevention of crime through the  Prision Mayor - 6 yrs and 1 day to 12 years punishment of criminal offenders. Derived from latin  Prision Correctional - 6 months and 1 day word “POENA” which means pain or suffering. Also to 6 years known as Penal Science.  Arresto Mayor - 1 month and 1 day to 6 months PENAL MANAGEMENT – Refers to the manner or  Arresto Menor - 1 day to 30 days practice of managing or controlling places of  Destierro - Prohibition from residing within confinement as in jails or prison. a radius of 25 kilometers from actual CORRECTIONAL ADMINISTRATION – Study and residence or some other specified place. practice of systematically managing jails or prisons JAILS VS PRISONS and other institutions. CORRECTION – Pillar of criminal justice system  JAILS – Are used to hold individuals that covers the custody, supervision, and arrested for minor crimes. rehabilitation of criminal offenders,  PRISONS – Are used to house individuals convicted of serious crimes. AS A COMPONENT OF CRIMINAL JUSTICE PERSONS DEPRIVED OF LIBERTY  Law enforcement  Detainees - inmates who are awaiting trial  Prosecution judgment or under investigation  Court  Prisoners - inmates who are serving  Correction sentences in a jail or penitentiary  Community  Inmates - Generic term used to describe a AS A TIER OF CRIME PREVENTION person deprived of liberty, either as a detainee or prisoners  Primary Prevention – Effecting conditions  Person Deprived of Liberty (PDL) refers of the physical and social environment that to a detainee, inmate, prisoner, or other provide opportunities for or precipitate person under confinement or custody in any criminal acts. other manner.  Secondary Prevention – Engages in early o However, to prevent labeling, identification of potential offenders and branding. or sharing by the use of seeks to intervene before the commission of these the term "prisoners” has been crime. replaced by this new and neutral CORPUZ, JL M. Page 4  CA311 phrase "person deprived of liberty” CLASSIFICATION OF SENTENCED PRISONERS Under article 10 of the International Covenant on Civil and Political A. Insular Prisoner or National Prisoner - Rights (ICCPR) who shall be treated One who is sentenced to a prison term of with humanity and with respect for three (3) years and one (1) day to reclusion the inherent dignity of the human perpetua or life imprisonment; Those person. sentenced to suffer a term of imprisonment cited above but appealed the judgment and RIGHTS OF PERSON DEPRIVED OF LIBERTY were unable to file a bond for their temporary liberty.  That all prisoners have the right to be B. Provincial Prisoner - One who is treated in a humane manner, That all sentenced to a prison term of six (6) months prisoners have the right to a fair trial with and one (1) day to three (3) years; Those adequate and free legal assistance; detained therein waiting for preliminary  That persons under any form of detention or investigation of their cases cognizable by imprisonment have the right to be protected the RTC from cruel inhumane, degrading treatment, C. City Prisoner - one who is sentenced to a and punishment, including sexual violence prison term of one (1) day to three (3) years; and other forms of torture; Those sentenced to suffer a term of  That persons have the right to be kept in imprisonment from 1 day to 3 years or a fine official government civilian prisons and to be of not more than 1,000 pesos or both. protected from being imprisoned in unofficial Those detained therein whose cases are places of detention or in military custody: filed with the MTC.  That all persons have the right to appear in D. Municipal Prisoner - one who is sentenced public before a legally constituted court to a prison term of 1 day to 6 months Those within a short time after their arrest; detained therein whose trials of their cases  That prisoners have the right to fair and are pending with the MTC. humane treatment which enables the maintenance of self-respect; 3 CLASSES OF DETAINEES  That prisoners have the right to a prison  Undergoing investigation program that enhances their social and  Awaiting or undergoing trial; and intellectual abilities;  Awaiting final judgment  That prisoners have the right to separate living arrangements in prison in accordance INMATES SECURITY CLASSIFICATION (BJMP with the categories of gender, age, and MANUAL) reasons for imprisonment;  That prisoners awaiting trial have the right  High Profile Inmate - who require to be held separately from convicted increased security based on intense media prisoners; coverage or public concern as a result of  That political prisoners have the right to be their offense segregated from other prisoners;  High Risk Inmate - who are considered  That political prisoners have the right to be highly dangerous and who require a greater segregated from other prisoners; degree of security, control, and supervision  That prisoners have the right to because of their deemed capability of communicate with their families and to escape, of being rescued, and their ability to maintain familial relationships; launch or spearhead acts of violence inside  That prisoners have the right to free legal the jail. assistance  High Value Target - a target, either a resource or a person, who may either be an GENERAL CLASSIFICATION OF PRISONERS enemy combatant, high-ranking official, or a civilian in danger of capture or death. 1. Detention Prisoners - those detained for  Security Threat Group - any formal or investigation, preliminary hearing, or informal ongoing inmates group, gang awaiting trial. A detainee in a lock-up jail. organization, or association consisting of They are prisoners under the jurisdiction of three or more members falling into one of Courts. the following basic categories: street gangs, 2. Sentenced Prisoners - offenders who are prison gangs, outlaw gangs. committed to jail or prison to serve their  Subversive Group - a group of persons sentence after final conviction by a that adopts or advocates subversive competent court. They are prisoners under the jurisdiction of penal institutions. principles or policies tending to overthrow 3. Prisoners who are on Safekeeping - government. includes non-criminal offenders who are  Terrorist Group - a group of persons that detained in order to protect the community commits any of the following: piracy and against their harmful behavior. Ex. Mentally mutiny in the high seas or the Philippine deranged individuals, insane person. waters, rebellion or insurrection, coup d'état, murder, kidnapping and serious illegal detention. CORPUZ, JL M. Page 5  CA311  Violent Extremist Group - person whose WEEK 5 political or religious ideologies are considered far outside the mainstream HISTORY OF BJMP attitudes of the society or who violates REPUBLIC ACT NO. 6975, OTHERWISE KNOWN common moral standards AS THE "DEPARTMENT OF THE INTERIOR AND  Medium Risk Inmate - those who represent LOCAL GOVERNMENT ACT OF 1990," a moderate risk to the public and staff. PROVIDES THAT THE TASK OF JAIL  Minimum Risk Inmates - those inmates MANAGEMENT AND PENOLOGY SHALL BE THE who have lesser tendencies to commit RESPONSIBILITY OF THE BUREAU OF JAIL offenses and generally pose the least risk to MANAGEMENT AND PENOLOGY (BJMP). public safety. MANDATE CLASSIFICATION OF PRISONERS ACCORDING TO DEGREE OF SECURITY BJMP IS MANDATED TO DIRECT, SUPERVISE AND CONTROL THE ADMINISTRATION AND SUPER MAXIMUM SECURITY PRISONERS - A OPERATION OF ALL DISTRICT, CITY AND special group of prisoners composed of incorrigible, MUNICIPAL JAILS NATIONWIDE WITH intractable, and highly dangerous persons who are PRONGED TASKS OF SAFEKEEPING AND the source of constant disturbances even in a DEVELOPMENT OF PDL. maximum security prison. Wear orange uniform. VISION MAXIMUM SECURITY PRISONERS - The group of prisoners whose escape could be dangerous to THE BJMP ENVISIONS ITSELF AS A DYNAMIC the public or the security of the state. Confined at INSTITUTION HIGHLY REGARDED FOR ITS Maximum Security Prison (New Bilibid Prison) and SUSTAINED HUMANE SAFEKEEPING AND wear orange uniform. Sentenced 20 years or more. DEVELOPMENT OF INMATES. MEDIUM SECURITY - Those who cannot be MISSION trusted in open conditions and pose lesser danger than maximum-security prisoners in case they THE BUREAU AIMS TO ENHANCE PUBLIC escape. Occupy Medium Security Prison (Camp SAFETY BY PROVIDING HUMANE Sampaguita). Allowed to work outside. Less than SAFEKEEPING AND DEVELOPMENT OF 20 years and life-sentenced prisoners who served INMATES IN ALL DISTRICT, CITY AND the last 10 years inside a maximum security prison. MUNICIPAL JAILS. MINIMUM SECURITY - A group of prisoners who RANK CLASSIFICATION can be reasonably trusted to serve a sentence under "open conditions". Occupy Minimum Security  JAIL OFFICER 1 (JO1) Prison (Camp Bukang Liwayway)  JAIL OFFICER 2 (JO2)  JAIL OFFICER 3 (JO3) REPUBLIC ACT NO. 11928, JULY 30, 2022  SENIOR JAIL OFFICER 1 (SJO1)  SENIOR JAIL OFFICER 2 (SJO2) An act establishing a separate facility for persons  SENIOR JAIL OFFICER 3 (SJO3) deprived of liberty convicted of heinous crimes "Separate Facility for Heinous Crimes Act. "  JAIL CHIEF INSPECTOR (JCI)  JAIL SUPERINTENDENT (JSUPT) Rule IV - SEPARATE FACILITIES FOR PDLS  JAIL SENIOR SUPERINTENDENT CONVICTED OF HEINOUS CRIMES (JSSUPT)  JAIL CHIEF SUPERINTENDENT (JCSUPT) Section 7 - Establishment of Separate Facilities  JAIL DIRECTOR (JD) for PDLs Convicted of Heinous Crimes  CHIEF OF THE BJMP UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS (NELSON MANDELA RULES) This consists of 122 rules covering all aspects of prison management and outlines the agreed minimum standards for the treatment of prisoners whether pre-trial or convicted. The Rules are based on an obligation to treat all prisoners with respect for their inherent dignity and value as human beings, and to prohibit torture and other forms of ill- treatment. PROFESSION AND CAREERS IN CORRECTION FOR CRIMINOLOGISTS  Correctional Officers  Jail Guards  Parole and Probation Officers CORPUZ, JL M. Page 6