CA2: Correctional Administration PDF

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correctional_administration penology criminal_justice_system criminology

Summary

This document details correctional administration, covering institutional and community-based corrections, parole and probation, and therapeutic modalities. It also explains the concepts of penology, the study of prison management and offender rehabilitation.

Full Transcript

**CA2: CORRECTIONAL ADMINISTRATION** **CORRECTION** is the fourth pillar of the Criminal Justice System charged with the responsibility for the custody, supervision and rehabilitation of convicted offenders. It is also defined as the **STUDY OF JAIL OR PRISON MANAGEMENT AND ADMINISTRATION** as well...

**CA2: CORRECTIONAL ADMINISTRATION** **CORRECTION** is the fourth pillar of the Criminal Justice System charged with the responsibility for the custody, supervision and rehabilitation of convicted offenders. It is also defined as the **STUDY OF JAIL OR PRISON MANAGEMENT AND ADMINISTRATION** as well as the rehabilitation and reformation of criminals. **CORRECTION** It includes all government agencies, facilities, programs, procedures, personnel, and techniques concerned with the investigation, intake, custody, confinement, supervision, or treatment of alleged offenders. Considered to be the weakest of the Five Pillars namely Law Enforcement, Prosecution, Court, Corrections and Community because of its inability to reform and rehabilitate the convicted criminals. **CORRECTION** is composed of Three Major and equally significant Components: **INSTITUTIONAL CORRECTIONS/INSTITUTION-BASED CORRECTIONS** Institution-Based Corrections comprise of prisons and jails that are concerned with prisoners serving term of imprisonment, those under detention status and those for safekeeping in selected cases. The jails and prisons are administered by the - 1\. Bureau of Corrections of the DOJ for national penitentiaries. 2\. Bureau of Jail Management and Penology of the DILG for municipal, city and district jails. 3\. Local Government Units with regard to provincial and sub-provincial jails. 4\. Philippine National Police maintains detention facilities in its different police stations nationwide. **NON-INSTITUTIONAL CORRECTIONS/COMMUNITY-BASED CORRECTIONS** Community-based Corrections pertain to probation, parole, pardon and other forms of executive clemencies. These are being managed by the \-- 1\. **Parole and Probation Administration (PPA)** of the DOJ. PPA conducts a post-sentence investigation of petitioners for probation as referred by the courts, as well as pre-parole/pre-executive clemency investigation for those referred by the Board of Pardons and Parole (another DOJ agency), to determine the suitability of the offender to be reintegrated in the community instead of serving their sentence inside an institution or prison. PPA further supervises probationers, parolees and conditional pardonees to promote their rehabilitation and reintegration to the mainstream of society. It mobilizes the community resources, especially through volunteer probation aides. 2\. **Board of Pardons and Parole (BPP**) is authorized by law to grant parole to qualified prisoners. It also recommends to the President of the Philippines the grant of executive clemency in the form of reprieve, commutation of sentence, conditional pardon and absolute pardon. 3\. **Department of Social Welfare and Development** moreover assumes responsibility for the restorative part of the correction system by maintaining centers for the care and restoration of youth and women who are in conflict with the law. **THERAPEUTIC MODALITIES** The Therapeutic Community Modality Program (TCMP) is a self-help social learning treatment model that utilizes the community as the primary therapeutic vehicle to foster behavioral and attitudinal change. In this modality, the person learns and practices skills and responsibilities through structured activities that they can transfer to the society upon their release. Each participant is expected to be a contributing member of the community and develops the impetus to change by being a member of the community. Generally, corrections, as a component of the system are responsible for: The **MAINTENANCE** of institution such as prisons, jails, halfway houses, and others. The **PROTECTION** of law-abiding members of society by keeping convicted offenders from preying on society. The **REFORMATION** and rehabilitation of offenders in preparation for their eventual reintegration to the mainstream of society and helping them lead a normal life after release. The **DETERRENCE** of crimes, experience in prison and the fear of isolation and denial of liberty will influence inmates and potential offenders to lead a life not in conflict or afoul with the law. **Penology** - is a branch of criminology dealing with jail management and administration of inmates (BJMP Manual 145). It is defined as the study of the reformation and rehabilitation of criminals and of the management of prisons. The term is based on the root word penal, which is derived from the Latin word \"POENALIS\" meaning \"punishment\" and \"POENA\", which means pain or suffering. The study of penology, therefore, deals with the treatment of prisoners and the subsequent rehabilitation of convicted criminals. It also encompasses aspects of probation (rehabilitation of offenders in the community) as well as penitentiary science relating to the secure detention and retraining of offenders committed to secure institutions. The study also involves the correction and control of known criminal offenders. Penologists formulate strategies for crime control and then help implement these policies in the real world. Some criminologists view penology as involving rehabilitation and treatment. Their efforts are directed at providing behavior alternatives for would-be criminals and treatment for individuals convicted of law violations. **The Three Divisions of Criminology** There are three divisions of criminology. They are as follows: 1\. **Sociology of Law** - This focuses on the nature of crime from the legalistic point of view. It delves into the effects of present laws upon crime and studies the possible reforms in the laws in order to prevent and control the occurrence of crime. The major concern of the sociology of law is to critically examine the impact of various legal systems upon crime. This study can go a long way to evolve suitable changes in the laws to curb crime. 2**. Criminal Etiology** - This makes a systematic investigation into the various causes of crime. It deals with the social and personal factors responsible for the occurrence of crime and growth of criminals. 3\. **Penology -** This deals with the treatment of prisoners and the subsequent rehabilitation of convicted criminals. Penology is the study of punishment for crime or criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders. **THE PRIMARY SCHOOLS OF PENOLOGY** **Classical School** by Jeremy Bentham and Cesar Beccaria This maintains the \"Doctrine of Psychological Hedonism\" or \"freewill\"; that the individual calculates pleasures and pains in advance of action and regulates his conduct by the result of his calculations. Arguments against the Classical School: 1\) Unfair; 2\) Unjust; and 3\) It considers only the injury cause and not the mental condition of the offenders. **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 difference of pleasure from pain, they should not be regarded as criminals; hence they should be free from punishment. Contributions of Neo-Classical School a\. Exempting circumstances b\. Reduction of Punishment for partial freedom of the will only partial punishment c\. Punishment mitigating for lack of full responsibility d\. It represents the reaction against the severity of the classical theory of equal punishment irrespective of circumstances **Positivist/Italian School** by Caesar Lombroso The school that denied individual responsibility and reflected non-punitive reactions to crime and criminality, it adheres that crimes, as any other act are a natural phenomenon. Criminals are considered sick individuals who need to be treated by treatment programs rather than punitive actions against them.

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