Philippine Criminal Justice System PDF

MODULE 1 – THE HISTORICAL PERSPECTIVE OF CORRECTION SYSTEM CORRECTIONS AS ONE OF THE PILLARS OF CRIMINAL JUSTICE SYSTEM The five pillars of the Philippine Criminal Justice System (CJS) are the following: the community, law enforcement, prosecution, judiciary, and corrections. Every pillar i...

MODULE 1 – THE HISTORICAL PERSPECTIVE OF CORRECTION SYSTEM CORRECTIONS AS ONE OF THE PILLARS OF CRIMINAL JUSTICE SYSTEM The five pillars of the Philippine Criminal Justice System (CJS) are the following: the community, law enforcement, prosecution, judiciary, and corrections. Every pillar is essential to upholding justice, rehabilitating offenders, and preserving law and order. Specifically, corrections is a vital component that oversees the treatment of people convicted of crimes, including their detention, treatment, and final reintegration into society. Corrections in the Philippines is responsible for the following key functions: 1. Incarceration: Housing individuals who have been convicted of crimes in various types of facilities, including: a. Jails. overseen by local government units, serve as temporary detention facilities for individuals awaiting trial or those serving short-term sentences, typically less than three years b. Prisons. Managed by the Bureau of Corrections (BuCor), these facilities serve as custodial institutions for individuals serving long-term sentences, typically three years or more. 2. Rehabilitation: Providing programs and services aimed at reforming offenders, such as: a. Education and Vocational Training. Giving prisoners the tools they need to secure employment after their release. b. Therapeutic Programs. Providing mental health, behavioral, and substance abuse counseling and treatment. 3. Reintegration: Assisting offenders in their transition back into society through: a. Parole and Probation. Supervised release programs that monitor and support former inmates as they reintegrate. b. Aftercare Programs. Services that continue to support ex-offenders in their efforts to avoid recidivism. CORRECTIONAL AGENCIES 1. Bureau of Corrections 2. Parole and Probation Administration 3. Board of Pardons and Parole y 4. Bureau of Jail Management and Penology PREPARED BY : MARCUS RALPH M. PEÑARANDA 5. Provincial Rehabilitation Center 6. City/Municipal Rehabilitation Centers 7. Regional Youth Rehabilitation Center Correction is the fourth pillar of the criminal justice system. This pillar takes over once the accused, after having been found guilty, is meted out the penalty for the crime he committed. He can apply for probation, or he could be turned over to a non-institutional or institutional agency or facility for custodial treatment and rehabilitation. The offender could avail of the benefits of parole or executive clemency once he has served the minimum period of his sentence. When the penalty is imprisonment, the sentence is carried out either in the municipal, provincial or national penitentiary depending on the length of the sentence meted out. APPROACHES OF CORRECTION The two main approaches of correction used by the Philippine criminal justice system are non-institutional correction and institutional correction. Every technique has pros and cons, and the best course of action is determined by the gravity of the offense, the likelihood of recidivism, and the background of the offender. INSTITUTIONAL CORRECTION. This is the conventional method, in which criminals found guilty are detained for a particular period of time in jails or prisons. These facilities are run by BuCor, the Bureau of Corrections. Advantages: 1. Public Safety. Incarceration removes dangerous offenders from society, protecting the public. 2. Deterrence. The threat of imprisonment can deter potential criminals from committing offenses. 3. Structured Environment. Institutions provide a structured environment with clear rules and expectations, which can benefit some offenders. 4. Rehabilitation Programs. Institutions can offer programs like education, vocational training, and counseling to help offenders change their behavior. Disadvantages: 1. High Cost. Maintaining prisons and jails is expensive for taxpayers. PREPARED BY : MARCUS RALPH M. PEÑARANDA 2. Overcrowding. Many institutions are overcrowded, which can limit access to programs and increase tensions. 3. Limited Rehabilitation. Rehabilitation programs may be limited or ineffective, leading to high recidivism rates. 4. Negative Impact on Offenders. Institutionalization can have negative psychological effects on offenders and make it harder to reintegrate into society. CORRECTIONAL ADMINISTRATION, PENOLOGY & CORRECTIONS Correctional Administration is the study and practice of systematic management of jails or prisons and other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders. It encompasses the management and operation of correctional facilities, including prisons, jails, and rehabilitation centers, as well as the supervision of offenders within the community. It involves various tasks such as staffing, security, programming, and resource management aimed at ensuring the safety and security of both inmates and staff, as well as promoting rehabilitation and reintegration efforts. Effective correctional administration requires a multidisciplinary approach, incorporating principles of psychology, sociology, law, and criminology. MODELS OF CORRECTIONAL ADMINISTRATION Models of correctional administration encompass various theoretical frameworks and operational paradigms guiding the management and operation of correctional facilities. Several key models have emerged over time, each reflecting different philosophical orientations and approaches to corrections. Some notable models include: 1. Responsibility Model. This emphasizes the importance of instilling a sense of responsibility and accountability in offenders for their actions and their consequences. This model emphasizes personal agency and self-direction in the rehabilitation process. Rather than solely relying on external control and supervision, this model encourages offenders to take ownership of their behavior and actively participate in their own rehabilitation. 2. Custodial Model. This model prioritizes security, order, and discipline within correctional facilities. Under this model, the primary objective is to maintain control over inmates and ensure the safety of both staff and prisoners. Overall, it reflects a traditional approach to correctional administration focused on maintaining security and control within correctional facilities. It is characterized by a strict hierarchy, a punitive disciplinary system, and limited emphasis on rehabilitation and reintegration. PREPARED BY : MARCUS RALPH M. PEÑARANDA 3. Control Model. This model emphasizes maintaining strict control and authority over inmates to ensure compliance with institutional rules and regulations. It reflects a traditional approach to correctional administration that prioritizes maintaining order and discipline within the facility. It is characterized by authoritarian leadership, rule-based environments, extensive surveillance, punitive disciplinary practices, and limited emphasis on rehabilitation. 4. Rehabilitation Model. This model prioritizes the treatment and rehabilitation of offenders with the aim of promoting their successful reintegration into society. It reflects a progressive approach to correctional administration that prioritizes the treatment and rehabilitation of offenders as a means of promoting public safety and reducing recidivism. 5. Reintegration Model. This emphasizes facilitating the successful reintegration of offenders into the community following their release from custody. It reflects a holistic approach to correctional administration that prioritizes the unsuccessful transition of offenders from custody back into the community, with the goal of promoting public safety and reducing recidivism. 6. Total Institution Model. This conceptualizes correctional facilities as closed environments where every aspect of an inmate's life is controlled and regulated by the institution. It reflects a highly regimented and authoritarian approach to correctional administration, with a focus on maintaining control and order within the facility at the expense of individual autonomy and rehabilitation. 7. Penitentiary Model. This model is also known as the Pennsylvania system or separate system, originated in the early 19th century and emphasized solitary confinement and reflection as means of rehabilitation. The separate system used solitary confinement and manual labor in which the prisoners were kept separate from one another as well as from the outside world. The congregate system is one in which the prisoners slept in solitary cells, worked together but complete silence is observed. They are united but no moral connection exists among them. They see without knowing each other. They are in a society without mental intercourse because there was no communication and hence no interaction. Overall, the penitentiary model represented a departure from earlier forms of punishment, such as corporal punishment and public humiliation, and reflected a more humane and enlightened approach to correctional administration based on principles of penance, reflection, and moral reform. 8. Progressive Model. This model emphasizes a modern and progressive approach to the management of correctional facilities, with a focus on promoting offender rehabilitation, reintegration, and community safety. The New York's famous Elmira Reformatory is described as the original model from which progressive penology evolved. It was praised as humanitarian "hospital" or "college PREPARED BY : MARCUS RALPH M. PEÑARANDA on the hill", the model developed a new, liberating reformatory and produced a kind of scientific penitentiary. Overall, the model represents a contemporary and forward-thinking approach to correctional administration that emphasizes rehabilitation, reintegration, and community safety as central goals of the criminal justice system. PENOLOGY Penology, also known as Penal Science or the science of correction, encompasses the study of punishment for crime and the treatment of criminal offenders. It is derived from the Latin word "poena," meaning pain or suffering. It delves into the control and prevention of crime through the imposition of penalties on offenders. It represents a vital division within criminology, focusing on prison management, rehabilitation efforts, and societal responses to criminal behavior. Traditionally, penology has been associated with the philosophy and practice of society in deterring criminal activities by inflicting punishment on offenders. However, in contemporary discourse, the term has evolved to include broader considerations of rehabilitation and reintegration. While the term "penology" carried a connotation of harsh punishment, the shift towards using "corrections" emphasizes a more holistic approach to offender management. NATURE AND TRENDS OF PUNISHMENT Punishment serves as a mechanism of social control, aiming to foster cohesion and induce conformity within a society. While many believe in the efficacy of punishment for maintaining order, there is skepticism surrounding its effectiveness. It is evident that certain forms of punishment yield varying degrees of effectiveness depending on the societal context. For instance, in a close-knit, well-ordered community where individuals have strong social ties and familiarity with one another, punishment may be more potent in promoting conformity. In contrast, in a bustling metropolitan city characterized by high mobility and anonymity, the effectiveness of punishment in achieving social control may be diminished. The general concept of punishment revolves around the infliction of some form of pain or sanction upon an offender because of violating the law. However, this definition lacks completeness as it fails to address the critical aspect of the conditions under which punishment is administered or applied. PREPARED BY : MARCUS RALPH M. PEÑARANDA  In the legal concept, punishment often serves as a form of individual redress or personal revenge, where the state intervenes to address the wrongdoing committed by an individual member of society. In this context, punishment is specifically defined as the corrective action taken by the state in response to the actions of an offending member. This definition underscores the role of the state as a neutral arbiter responsible for upholding justice and maintaining order within society. By administering punishment, the state seeks to redress the harm caused by criminal behavior, deter future misconduct, and reaffirm the societal norms and values enshrined in the legal system. FORMS OF PUNISHMENT IN PRIMITIVE SOCIETY 1. Death penalty. It is a primitive form of punishment characterized by the state-sanctioned execution of an individual as retribution for a serious crime, often viewed as the ultimate form of punishment for severe offenses. a. Hanging b. Beheading c. Breaking wheel or Catherine wheel d. Burning e. Immersing in boiling oil f. Feeding to wild animals g. Other barbaric ways or medieval executions. 2. Physical Torture. Also known as corporal punishment, involves the deliberate infliction of pain or suffering upon an individual as a form of punishment or coercion, typically involving methods such as beatings, whipping, or other forms of physical harm. a. by flogging/whipping b. Mutilation/maiming c. Disfiguration 3. Public humiliation and shaming. Also known as social degradation; involves subjecting an individual to public ridicule or embarrassment as a means of punishment or deterrence. This form of punishment aims to shame the offender and deter others from engaging in similar behavior by publicly exposing their wrongdoing or moral transgressions. a. the use of stocks and pillory b. docking stool c. branding d. shaving off the hair, etc. PREPARED BY : MARCUS RALPH M. PEÑARANDA 4. Banishment or exile. This entails the forced removal or expulsion of an offender from a specified territory, often as a punitive measure or to protect society from their presence. This form of punishment involves prohibiting the individual from returning to a particular area, such as an island or distant location, where they have been relocated. 5. Other similar forms of punishment like transportation and slavery. a. Transportation. It was a historical practice in which convicted criminals were forcibly relocated from their home country to a distant colony or penal colony. This punishment was commonly used in British colonial territories, such as Australia and America, during the 18th and 19th centuries. Offenders were often sentenced to transportation for crimes ranging from theft to political dissent. Transportation served as a form of punishment, deterrence, and social control, while also providing labor for colonial development. b. Slavery. It involves the ownership and exploitation of individuals as property, depriving them of their freedom and subjecting them to forced labor, often under brutal conditions. It was used as a form of punishment for captured enemies, debtors, and criminals, as well as a means of economic exploitation and social control. ORIGINS OF MODERN PRISON DISCIPLINE: EARLY PRACTICES WITH PUNITIVE CHARACTERISTICS 1. Hard labor. Also known as forced labor, entails the compulsory performance of physically demanding tasks or productive work as a form of punishment for criminal offenses. 2. Deprivation. This involves the withholding or denial of everything except the basic necessities required for survival, as a punitive measure or form of punishment. An example of deprivation as a form of punishment could be solitary confinement in a prison, where an individual is isolated from social interaction, sensory stimuli, and meaningful activities, leaving them with only the bare essentials such as food, water, and shelter. 3. Monotony. It involves subjecting individuals to repetitive and unvarying experiences or tasks, often as a means of punishment or control. This can include providing the same monotonous food that deviates from a varied diet or requiring prisoners to perform tedious and uninspiring daily routines. 4. Uniformity. It means treating all prisoners in a standardized manner, where the faults or transgressions of one individual are attributed to the entire inmate population. 5. Mass Movement. It involves the organization of inmates into large groups for various activities, such as residing in cell blocks, communal dining, recreation, and bathing. PREPARED BY : MARCUS RALPH M. PEÑARANDA 6. Degradation. This refers to the use of derogatory language or demeaning behavior by prison staff toward inmates, with the intent to undermine their dignity or break their spirit. 7. Corporal Punishment. It involves the use of physical force or brutal measures to discipline or intimidate an inmate who is deemed to be delinquent or non- compliant with prison regulations. An example of corporal punishment in a prison setting could include the use of beatings or physical assaults by prison guards against an inmate who has violated prison rules or refused to comply with orders. This might involve striking the inmate with batons, fists, or other objects, resulting in physical injury or harm. 8. Isolation or Solitary. This entails the practice of confining an inmate to a cell or separate area for an extended period, with minimal or no communication with others, limited access to news or external stimuli, often leading to the individual being referred to as "the lone wolf". PREPARED BY : MARCUS RALPH M. PEÑARANDA