CA1 Prelims PDF

CA1 WEEK 1 The main purpose of a correctional system is to provide a deterrence to crime. PENOLOGY - study of punishment of crime or of criminal offenders. “poena” from Latin which means pain or suffering. Penology is otherwise known as ”Penal Science”. PENAL MANAGEMENT - the man...

CA1 WEEK 1 The main purpose of a correctional system is to provide a deterrence to crime. PENOLOGY - study of punishment of crime or of criminal offenders. “poena” from Latin which means pain or suffering. Penology is otherwise known as ”Penal Science”. PENAL MANAGEMENT - the manner or practice of managing or controlling places of confinement, such as jails or prisons. CORRECTIONS – branch of the Criminal Justice System with the custody, supervision, and rehabilitation of the criminal offenders. - Corrections has been influenced by Positivism - Positivist Criminology assumes that criminal behavior has its own distinct set of characteristics. CORRECTIONAL ADMINISTRATION - study and practice of system management of jails or prisons and other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders. 13th CENTURY – known as Securing Sanctuary - a criminal could avoid punishment by claiming refugee in any consecrated church for a period of 40 days, at the end of which time he is compelled to leave the said place by following a road or path assigned to him. 16th CENTURY – EXILING CRIMINALS - Transportation or exiling of criminals in England was authorized. At the end of the 16th century, Russia and other European countries followed this system. It partially relieved the overcrowding of prisons. 1788 – 1868 - 165,000 convicts were transported to Australia. - The Gaol records show many individuals being sentenced to 7or 14 years. - Transportation had also become very expensive, and so the government looked for cheaper solutions to the criminal problems at home. TRANSPORTATION USED TO EXILE CRIMINALS GALLEYS - long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. HULKS - decrepit transport, former warships used to house prisoners in the 18th and 19th century, they are abandoned warships converted into prisons, also called “floating hells”. WEEK 2 PRIMARY SCHOOL OF THOUGHTS IN PENOLOGY SCHOOL OF THOUGHT - School of thought is a set of ideas or opinions that a group of people shares about a matter CLASSICAL THEORY (18th Century) - things were pretty bad and harsh for criminals - People faced the death penalty for crimes such as stealing a piece of rice grain. - both pleasure and punishment are not equal. - people make choices to commit a crime (free will) and the punishment should be about preventing future crimes from being committed. - An individual calculates pain and pleasure in advance of action and regulates his conduct as a result of his calculation. PANOPTICON SYSTEM (Bentham and Beccaria) - a disciplinary concept brought to life in the form of a central observation tower placed within a circle of prison cells. - From the tower, a guard can see every cell and inmate but the inmates can't see into the tower. Prisoners will never know whether or not they are being watched. NEO-CLASSICAL SCHOOL - Assumes criminal behavior as situationally dynamic and individually determined. - assert that deterring, reducing, or eliminating crime can occur through stricter child-rearing practices, enhanced punishments, and/or an increase in surveillance and security. people commit crime not just because they want to but because they have their reasons. POSITIVIST ITALIAN SCHOOL - adheres that crime as any other act is a natural phenomenon, criminals are sick individuals that need treatment rather than punitive action against them.  - Criminals are born as such and not made into criminals - It is the nature of the person, not nurture, that results in criminal\ EARLY CODES OF PUNISHMENT CODE OF HAMMURABI - A famous code enacted by King Hammurabi (conqueror and Lawgiver through a reign of forty-three years) of Babylonia at about 2123-2031 B.C. - This code mingles that of the most enlightened laws with the most barbarous punishments and sets trial by ordeal. - Babylonia at this time was one of the richest cities in the world. - The code of Hammurabi which was engraved on a diorite cylinder unearthed at Susa in 1902 had been carried from Babylonia to Elam about 1100 B.C. - This influential code is now in Paris CODE OF UR-NAMMU (SUMERIAN CODES) - By Kings Lipit-Ishtar and Eshnunna of Sumeria - a kingdom before its integration to Akkadia to become Babylonia. - the oldest surviving law code. - This text was written on clay tablets in the Sumerian language and is reckoned to have been produced towards the end of the 3rd millennium BC. - divided into two parts, the first is the prologue and the second is the laws themselves. - also important as it gives us a glimpse of the way justice was conceived in ancient Sumerian society. CODE OF DRACO (7th century B.C. or 621 B.C.) - code of excessive harshness codified by Draco (Athenian statesman who was known for exacting extremely cruel laws) - almost every violation of law was a capital offense, usually punished by death. - The penalties were said to have been written in blood. CODE OF SOLON - codified by Solon (Athenian ruler) who repeated the laws of Draco - Solon was born to a well-to-do family in Athens. - He is called the immortal legislator because contemporary legislatures use the term solon to refer to a law maker. ROMAN LAW (TWELVE TABLES) (6th century B.C.) - 12 tables were the foundation of all throughout Roman history drafted by “Decembers” - “DECEMBERS” - the special commission of patricians. - In A.D. 527, Emperor Justinian tasked 12 experts to review the laws of Rome and made a new digest “Institute of Justinian” - They were put up for all of Rome to see! They were made, trying to be fair, each applied to every citizen, no matter the consequences. Week 3 ORIGIN OF THE WORD PRISON - Derived from the Greco-Roman word PRESIDIO - PRE means BEFORE and SIDIO means INSIDE. It is synonymous with a FENCED CAVE or DUNGEON. ORIGIN OF THE WORD JAIL - Etymologists attributed that it originated from the SPANISH word JAULA which means CAGE or “a place of confinement”. - derived from the FRENCH word GAOL (pronounced as “GEOLE”), meaning “a place for arrested for a commission of a crime.” - “Jail is a building or place of confinement of arrested or sentenced persons. It is usually made up of cells which are small rooms or enclosures where prisoners are actually kept. or confined.” DIFFERENCE BETWEEN JAIL AND PRISON JAIL - Houses detainees a waiting for final judgment/undergoing trial. PRISON - House inmates convicted with final judgement. DIFFERENT TYPES OF JAILS LOCK UP - is a security facility for the temporary detention of persons held for investigation or awaiting a preliminary hearing. ORDINARY JAIL - houses both offenders awaiting court action and those serving short sentences usually up to 3 years. Examples: City Jails, Provincial Jails, and Municipal Jail. WORKHOUSE, JAIL FARM of CAMP HOUSES and COLONY - detains minimum- maximum custody prisoners with constructive work programs such as New Bilibid Prison, Sablayan Penal Farm, Davao Penal Colony etc. ANCIENT FORMS OF PUNISHMENT DEATH PENALTY - Also known as the Capital Punishment - Is a government sanctioned practice whereby a person is put to death by the state as a punishment for a crime. - “death sentence” “execution” - (e.g. nailing on the cross, beheading, burning at the stake, electric chair, lethal injection, etc.) PHYSICAL TORTURE - (from Latin tortus: to twist, to torment) - is the act of deliberately inflicting severe physical or psychological suffering on someone SOCIAL DEGRADATION - is the act of lowering something or someone to a less respected state or condition. BANISHMENT or EXILE - prolonged absence from one’s country imposed by vested authority as a punitive measure. - It most likely originated among early civilizations from the practice of designating an offender an outcast and depriving him of the comfort and protection of his group. TRANSPORTATION of CRIMINALS - Also known as Penal Transportation, - this was the relocation of convicted criminals or other persons regarded a undesirable to a distant place, CONTEMPORARY FORMS of PUNISHMENT IMPRISONMENT - from imprison, via French emprisonner,  - originally from Latin prensio, arrest, from prehendere, prendere, "to seize" - in law is the specific state of being physically incarcerated or confined in an institutional setting such as prison. PAROLE - is the early release of a prisoner who agrees to abide by certain conditions, - originating from the French word parole (’speech, spoken words’ but also ’promise’). PROBATION - is a period of supervision over an offender, - ordered by the court instead of serving time in prison. FINE - A fine or mulct is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense. DISTIERRO - Prohibition to enter a place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated. IMPORTANT PERSONALITIES IN THE DEVELOPMENT OF CORRECTIONS IN THE WORLD SETTING WILLIAM PENN (1614-1718) - The first leader to prescribe imprisonment as correctional treatment for major offenders. - He was responsible for the abolition of the death penalty and torture as a form of punishment. - founder of the state of Pennsylvania, USA. - He wrote many pamphlets on the Quaker religion, leading to him being imprisoned in the Tower of London in 1668. CHARLES MONTESQUIEU (1689-1755) - A French historian and philosopher who analyzed law as an expression of justice - born on January 19th, 1689 at La Brède, near Bordeaux, - He was educated at the Oratorian Collège de Juilly, received a law degree from the University of Bordeaux in 1708,  - went to Paris to continue his legal studies. CESARE BONESANA MARCHESE de BECCARIA (1737-1794) - He Presented the humanistic goal of law. - He was one of the greatest minds of the Age of Enlightenment in the 18th century. - His writings on criminology and economics were well ahead of their time. JEREMY BENTHAM (1746-1832) - Considered the greatest leader in the reform of English Criminal Law. - He believes that whatever punishment designed to negate whatever pleasure or gain the criminal derives from crime, the crime rate would go down. JOHN HOWARD (1726-1790) - Sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison reform. - Father of Prison Reform, who during his lifetime conducted an extensive tour and study of prisons in Britain and on the continent. - He advocated a regime of solitary confinement, hard labour and religious instruction. - The objective of imprisonment, he believed, was reform and rehabilitation, not just punishment. (Parliament UK). Week 4 DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINE SETTING Philippine Correction System - is composed of the institutions in the government, civil society and the business sector involved in the confinement, corrections, and restoration of persons charged for and/or convicted of delinquent acts or crimes. Public Sector - formulates sound policies and rules on corrections, penology and jail management, rehabilitation and restoration.  Adherence to the United Nations (U.N.) Standard Minimum Rules for the Treatment of Prisoners and the UN Standard Minimum Rules for Non- Custodial Measures. The Philippine Correctional System: Institution Based and Community Based Approach - Both systems are being implemented on a fragmentary basis by three (3) Departments of the Executive Branch of the government. - These are: 1. DEPARTMENT OF JUSTICE (DOJ) - Takes care of national prisoners - The National Prison and Penal Farms is administered by BUCOR - Is tasked to rehabilitate prisoners so they become productive members of society again after their sentence - These are the prisoners whose penalty ranges from 3 years and 1 day to life imprisonment - and those convicted with the death penalty or a fine of more than P5000 - National Prisoners are also referred to under the law as “Insular Prisoners”. Here are the Seven (7) Penal Farms and Prisons supervised by the Bureau of Corrections under DOJ: - New Bilibid Prison in Muntinlupa City - Correctional Institution for Women in Mandaluyong City - Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan - Sablayan Prison and Penal Farm in Occidental Mindoro - San Ramon Prison and Penal Farm in Zamboanga City - Leyte Regional Prison in Abuyog, Leyte - Davao Prison and Penal Farm in Panabo, Davao 2. DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG) - takes care of the municipal, city, and district jails. - The provincial jails and sub-provincial jails are operated by the provincial local government units under the supervision and management of their respective governors in each province and whose penalty ranges from 6 months and 1 day up to 3 years. - Local jails namely, the municipal jails, city jails, and district jails are under the supervision and administration of the (BJMP) and whose penalty ranges from 1 day to 6 months (for municipal jail inmates); and 1 day to 3 years (for city jail inmates). The BJMP was created pursuant to Republic Act 6975 signed on December 13,1990 and became known as the DILG Act of 1990. DISTRICT JAIL - is a consolidation of all inmates in two or four municipal jails whose inmate population is less than 10 monthly, provided it will be located near the Metropolitan Trial Court or Regional Trial Court. - The purpose is to maximize the manpower and other logistical requirements 3. DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) - takes care of the sentenced Youth offenders. which are located in the 10 Regional Youth Rehabilitation Centers nationwide HISTORY AND DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINE SETTING - In the late 1980s, institutions for the confinement of convicts and the detention of those awaiting trial included a variety of national prisons and penal farms, as well as numerous small local jails and lockups. In general, the national prisons housed more serious offenders, and those serving short-term sentences were held in local facilities. - The prison system at the national level was supervised by the Bureau of Prisons, under the Department of Justice. - In 1991, the newly-formed Philippine National Police took over the administration of local jails. - The nation's largest prison is the National Penitentiary in Muntinlupa (New Bilibid Prison) not because of its land area but because of the number of inmates it has. - The first penal institution in the country was established even before the effectiveness of the Spanish Penal Code and while the Recompilation laws were still the existing laws of the Philippine islands. - This facility is the Bilibid Prison which was constructed in 1847. SAN RAMON and PENAL FARMS - was established 1869 in the Southern tip of Zamboanga. - The Zamboanga Peninsula was also a banishment site for political non- conformists coming from Luzon and the Visayas. - This is one of the reasons why, Dr. Jose P. Rizal who fought for reforms, which the island colonial authorities found objectionable and subversive to their tastes, was exiled in Dapitan.  - It was closed during the Spanish-American War of 1898 - reopened in 1904 after the victorious Americans grabbed possession of the Philippines from Spain - was named in memory of its founder Ramon Blanco (Spanish Captain in the Royal Army) - 1,524.6 hectares - Principal product is copra = biggest source of income of Bureau of Prisons IWAHIG PENAL COLONY - In 1904, another penal colony was established in Iwahig, Palawan, on the order of Governor Forbes, the incumbent Secretary of Commerce and Police. - The establishment of this penal facility was made at the suggestion of Governor Luke E. Wright - An American construction foreman left Bilibid on November 16,1904 with 16 prisoners and sailed to Palawan to start building the colony there. - The Iwahig Penal Colony was planned as a destination for maximum security prisoners. Instead, convicts who were well behaved and pliable were assigned to this facility. - Nov. 1 1905 (Reorganization Act 1407) mandating the Philippine Commission to create BOP under the Dept. of Commerce and Police - Divided to 4 sub-colonies: Santa Lucia, Inagawan, Montible, Central - 1,000 hectares - Tagumpay Settlement (Palawan) 6 hectares CORRECTIONAL INSTITUTION FOR WOMEN - Established on Nov. 27, 1929 under R.A. 3579 - 18-hectare in Mandaluyong City - In 1934, position of female superintendent was created to supervise the facility - Today, it is run entirely by female personnel EXCEPT perimeter guards who are males. NEW BILIBID PRISON (NBP) - houses maximum-security convicts including those on death row. - It is considered one of the biggest prisons in the world in terms of the population of prisoners. - The central office of the Bureau of Corrections is also housed here. - Convicts those who are in death row - - Constructed in 1936 in Muntinlupa - 552 hectares  - Previously BOYS TRAINING SCHOOL - Constructed by virtue of Proclamation 414 in 1931, an enabling order to Commwlth Act No. 3732. - Bilibid Prison (IN MANILA) renamed OLD BILIBID PRISON to avoid confusion which is now the MANILA CITY JAIL 3 SATELLITE PRISONS INSIDE THE NBP CAMP BUKANG LIWAYWAY - The minimum security camp o Severe physical handicap o 65 years old an above\ o Served at least half of minimum sentence o 6 months remaining on their maximum sentence CAMP SAMPAGUITA - which houses medium-security prisoners. - Medium security inmates are those with less than 20 years sentence; remand inmates or detainees below 20 years sentence; inmates aged 18 years old and younger regardless of case or sentence; those who have 2 or more escape records but have served 8 years since recommitment; those with one record of escape but have served 5 years as maximum security and upon recommendation of the superintendent. RECEPTION AND DIAGNOSTIC CENTER (RDC) - Receives newly-committed prisoners from jails nationwide - PLD’s who are accepted are studied and classified to achieve successful rehabilitation DAVAO PENAL COLONY - was established on January 21, 1932 by virtue of Republic Act 3732 and Proclamation No. 414. - It covers an area of about 18,000 hectares. - Retired General Paulino Santos, the incumbent Prisons Director at the time, welcomed the first contingent of prisoners. - At present, the Davao Penal Colony houses medium and minimum security prisoners. - They work in the open fields escorted by the colony custodial force. - It is now the biggest abaca plantation In the country. - It is a major banana producer having secured a joint venture agreement with Tagum Development Company, with approximately 3,000 hectares of banana  plantation. These banana products are exported to Japan, Saudi Arabia, Egypt, and many other countries. - Has 2 sub-colonies: PANABO and KAPALONG - TANGLAW SETTLEMENT SABLAYAN PENAL FARM - On September 17, 1954, then-President Ramon Magsaysay, issued Proclamation No. 72 allocating 16,000 hectares of land in Sablayan, Occidental Mindoro for the setting up of another penal colony. - was established to meet the increasing population of prisoners that is already causing serious congestion as the New Bilibid Prison that was supposed to confine only 3,000 had a population more than twice the capacity. - The actual land area of the Sablayan Penal and Colony Farm is 16,408.5 and its principal activity is agriculture, wherein rice is the main product. LEYTE REGIONAL PRISON - The last penal facility to be built by the then-Bureau of Prisons is the Leyte Regional Prison in Abuyog, Leyte. - This was established on January 16, 1973, on the orders issued by then President Ferdinand Marcos. - To address the growing needs of the region - Aimed to contribute the reduction of crime and recidivism rates in Leyte