Institutional Correction
Institutional Correction
Institutional Correction
In the ancient times, penal offenses can be traced back in Babylon in 1750 BC where
formalized codes as official guidelines for society was created, known as the Code of
Hammurabi.
These concept where punishments or retaliation are written in ancient times can also be
found in the Ancient Sumerian Codes, Indian Manama Dharma Astra, the Hermes
Trismegistus of Egypt, and the Mosaic Code.
During the early modern Europe, philosophers to include Plato began developing the
concept of using punishment to reform offenders instead of simply using it to exact
vengeance.
Initially, poor people who were unable to pay punishments in early modern Europe was
held in prison indefinitely, for which, it became the reason for set time periods of
imprisonment to be applied.
Romans used various structures to house prisoners including metal cages, basements of
public building and quarries.
Around 640 B.C, the Mamertine Prison was established located within a sewer system
beneath ancient Rome, this contained a large network of dungeons where prisoners are
held in subhuman living condition.
Prisoners were often kept in ergastula.
Ergastula- a primitive form of prison where inmates were chained or forced to
performed hard labor.
In the Middle Ages to 17th Century, turning offenders into galley slaves and chaining
them together to row naval on merchant vessels was another form of punishment.
The right to imprison citizens, legitimized the existence of officials at all levels of
government, from city councils to sovereign kings.
The Bridewell House of Corrections located in Bridewell Palace in London was a
significant milestone during this period in penal history when it led to the establishment
of other correctional facilities.
Towards the later part of the 17 th century, these houses of correction were absorbed
into local prison systems managed by the local Justice of the Peace.
In 18th century modern era, widespread resistance to public execution and torture in
Europe and United States was seen. Public objected to death penalty being imposed
even for petty crimes.
Many jurors refused to convict defendants when they knew they would be sentenced to
death for committing minor offenses.
Heads of States were hard-pressed for alternative ways of punishments that would not
picture them as heartless rulers. These rulers saw mass imprisonment, often coupled
with hard labor, as the more suitable form of sanction.
Modern reformers believed that prisons could be turned into more humane institutions
where prisoners can be taught proper behavior and could still be productive when they
reunite with the rest of society after they have served their term in prison.
Penal Colonies and Penal Ships were seen as an alternative to death penalty for many
offenses in the British Empire, this is the practice of transporting convicted criminals to
penal colonies to which they usually undertake hard labor.
Penal colonies were also done in Americas between the 1610s and 1770s and in
Australia between 1788 and 1868.
Devil’s Island – Lle du Diable, known as the toughest penal colony of all times. From
1852 until its shutdown in 1946, it has become anonymous with cruelty. Convicts were
sent here to do the hard work once done by African slaves. Inmates were crammed 80
bodies to one steel cage and had to fight for food and space.
When the transporting of criminals was slowly stopped in England at the end of 18 th
century, old sailing vessels were used as places of temporary confinement.
The first state prisons and correction facilities established in the early 1800s saw the
start of the modern prison system as we know it today.
Early prison reform was championed by John Howard, a High Sheriff of Bedfordshire,
London. He published The State of Prisons in England and Wales in 1777.
The said book contained very detailed accounts of the prisons he had visited where he
was particularly disturbed by discovering that some prisoners who had been acquitted
were still detained because they could not pay the jailer’s fees or the amount due those
who owned the prison houses.
Howard then proposed several reforms through the Penitentiary Act, passed by the
British Parliament in 1779.
The Penitentiary Act had four basic principle which is as follows:
1. Abolition of jailer’s fees.
2. Regular inspections of prisons
3. Provision of clean facilities
4. Emphasis on reforming inmates
Howard’s reforms combined discipline and humanitarian philosophy. It also
incorporated religious teachings, as well as productive labor and daily routine.
Quakers- a religious movement formed after the English Civil War in the mid-1600s
spearheaded prison reforms.
Panopticon- a design that consisted of a circular structure with an “inspection house” at
the center, from which the manager or staff of the institution were able to watch the
inmates, who were stationed around the perimeter, designed by Jeremy Bentham.
Panopticon has become the foundation of the modern prison system which was laid in
London. This principle of observation of observation and control became the basis for
the design of the modern prison.
This thinking appealed to politicians and intellectuals who were hungry for reforms.
By the mid-19th century, imprisonment had replaced the death penalty for the most
serious offenses except for murder.
In 1786, the state of Pennsylvania passed a law in which all convicts, except those meted
the death sentence, would be forced to do public works projects such as building roads,
forts, and mines.
Unfortunately, it only resulted to disorderly conduct of prisoners and directed sympathy
to the convicts from the citizens who saw that they are maltreated.
As a solution, reformers such as Dr. Benjamin Rush, a signatory of the American
Declaration of Independence, proposed a compromise that would allow the practice of
force labor, but would not allow the public to witness the abuse inflicted on the
prisoners. The suggestion was to send the prisoners to secluded “houses of repentance”
where they would be subjected to the usual physical pain, hard labor, and solitude but
out of the public eye. As a concession, they will have cleaner facilities and simple food.
The Auburn system of New York was developed in an attempt to implement a more
rehabilitative process. Prisoners were confined in separate cells and were not allowed to
talk when eating and working together.
Almost all states adopted it and it became so famous that it attracted visitors to the U.S
to observe how it works.
One of the visitors was French Historian Alexis de Tocqueville who wrote Democracy in
America.
The Walnut Street Prison was a pioneering effort in prison reform. It was hailed as a
model of enlightened thinking about criminals. It was designed to provide a severe
environment that left inmates much time for reflection, but it was also designed to be
cleaner and safer than past prisons. It became the first state penitentiary in the US.
Eastern State Penitentiary set the standard for penal reform, with its massive, castle-like
Gothic architecture designed by British architect John Haviland. It occupied 11 acres and
had a central heating system, running water and flush toilets. A number of big-name
criminals, including Al Capone, served time in there.
Auburn System- is a penal method were prisoners are kept in solitary confinement at
night, with enforced silence at all times. The silent system evolved during the 1820s at
Auburn Prison in Auburn N.Y, and was a modification of the Pennsylvania system of
solitary confinement.
Some significant features of the system include the lockstep (marching in single file) ,
the striped suit, two-foot extensions of the walls between cells, and special seating
arrangements at meals—all designed to ensure strict silence.
Elmira system- American penal system intended for young felons named after Elmira
Reformatory in New York. It focused on reforming the convict using psychological
methods rather than physical. It includes courses in ethics, religion, vocational training
in various trades and extracurricular activities, such as prison band and various athletic
leagues.
Significant trends in the development of corrections:
1. Age of Reformation- Replaced corporal punishment, exile, and physical
disfigurement with the penitentiary.
2. Age of Rehabilitation- Assumed that criminal were handicapped persons
suffering from mental or emotional deficiency. Under this, individual therapy
aimed at healing these personal maladjustment became the preferred
system.
3. Age of Reintegration- Society becomes the patient as well as the offender.
Much more emphasis is placed on the pressure exerted on the offender by
the social groups to which he belongs and on the society which regulates his
opportunities.
CHAPTER 2: INSTITUTIONAL CORRECTIONS:
CHAPTER 3: PUNISHMENT
Punishment is the infliction of some sort of a pain on the offender for violating a law. In
the legal sense, it refers to individual redress, or personal revenge. It is therefore
defined as the system of redress that the state takes against the offending member. It is
a form of disapproval for certain behaviors that involves imposing a penalty.
Punishment is also the infliction or imposition of a penalty as a form of retribution for an
offense.
Early forms of punishments includes brutal measures using knives, axes, whip,
barnacles, collars, and cuffs.
Primitive era forms of punishment includes the following:
- Death by hanging, immersing in boiling water, burning or feeding the offenders to
wild animals
- Corporal punishment ( mutilation, disfiguration, flogging, maiming)
- Public humiliation (shaving off of hair and branding)
- Banishment ( banning them from entering their homeland or transporting person to
barren territory)
Iron Maiden – a box-like device with the front half hinged like a door so that a person
could be placed inside; when the door was shut, protruding spikes both black and front
pierced the body of the victim.
The Rack- one of the most painful form of Medieval Torture, consists of large
rectangular wooden frame, with a roller at one or both ends. Victim was positioned on
the frame, results to excruciating pain.
The Scavengers Daughter- A-frame-shaped metal rack to which the head was strapped
to the top point of the A.
Purposes of Punishments includes the following:
1. Deterrence- discouragement
2. General Deterrence- to convince potential criminals that the punishment
they face will be certain, swift, and severe so that they will be afraid to
commit an offense.
3. Specific Deterrence- involves convincing offenders that the pains of
punishment are greater than the benefits of crime so they will not repeat
their criminal acts
4. Incapacitation- dangerous criminals are kept behind bars, they will not be
able to repeat their illegal activities
5. Retribution- Punishment would depend on the degree of satisfaction to the
aggrieved or offended party would obtain.
6. Restitution- Paying the victims for their loss, the justice system for the costs
of processing their case, and society for any disruption they may have.
7. Rehabilitation- Restoring someone’s health or normal life by training and
therapy after imprisonment, addiction, or illness.
8. Recognizance- a bond by which a person undertakes before a court to
observe some conditions, especially to appear when summoned.
9. Atonement or expiation- similar to retribution wherein the penalty is
commensurate with the gravity of the offense based on the norms observed
by members of the society.
10. Protection- regarded as a form of social defense because members of society
would gain protection by putting criminals behind bars.
11. Reformation- operates by attempting to reform and rehabilitate law
violators.
Classification of penalties includes the following:
Capital Punishment- Death
Afflictive penalties- a. reclusion Perpetua; b.reclusion temporal; c.perpetual or
temporary absolute disqualification; d. perpetual or temporary special
disqualification; e. prison mayor
Correctional penalties- a. prison correctional; b. arresto mayor; c. suspension; d.
destierro
Light Penalties- a. arresto mayor; b. public censure
Penalties common to the 3 preceding classes- a. fine; b. bond to keep the peace
CHAPTER 4: ALTERNATIVES TO IMPRISONMENT
BJMP was created to address the growing concern for jail management and penology
problems.
It consists of 4 major areas of rehabilitation to include: (1) livelihood projects (2)
educational and vocational training (3) recreation and sports, and (4) religious/spiritual
activities.
BJMP traces its roots from the defunct Constabulary Jail Bureau.
Administrative Organization of the BJMP is as follows:
Regional Office- Headed by Regional Director
Provincial Office- Headed by Jail Provincial Administrator
District Jail- Headed by District Jail Warden
City Jail- Headed by City Jail Warden
Municipal Jail- Headed by Municipal Jail Warden
Types of Jail
Type A – has population of 100 or more
Type B – 21-99 offenders
Type C – 20 or less offenders
Basic Objective of Jails
Safekeeping and Welfare of Inmates
Protection of Society by prevention of escapes
Safety of Jail Personnel
Safety of the visitors
Key Control in Jail- maintain a system of key control to include accurate listings of all
keys.
Procedures in cell search is systematic and orderly.
Prisoners should not move during the count as precaution.
Primary Jail Management includes (1) Inmate Behavior, and (2) Inmate Grievances.
Disciplinary actions to inmates who committed minor offense, less grave offenses and
grave offenses shall be meted.
Disciplinary actions includes the following:
1. Reprimand
2. Temporary or permanent cancellation of some or all recreational privileges
3. Cancellation of visiting privileges
4. Extra-fatigue duty
5. Close confinement in cell which shall not exceed in 7 days
6. Forfeiture of good conduct time allowance (GCTA)
STAL- Special Time Allowance for Loyalty
Inmates shall be automatically screened and evaluated for Good Conduct Time
Allowance (GCTA) and/or Time Allowance for Study Teaching and Mentoring (TASTM).
CHAPTER 8: GLOBAL TRENDS IN CORRECTIONS