CORRECTIONAL ADMINISTRATION

Correctional Administration- the study and practice of a systematic management of

jails or prisons and other institution concerned with the custody, treatment, and
rehabilitation of criminal offender.
Institutional Corrections- offender found guilty and sentenced by the courts for
confinement are categorized based on their length of sentence into either a municipal,
city, provincial or national prisoner facilities based on these categorizations.
Non Correctional Institutions refer to that method of correcting sentenced offenders
without having to go to prison.
Correction
- a branch of Criminal Justice System with the custody, supervision and rehabilitation
of criminal offender.
- it is the field of criminal justice administration which utilize the body of knowledge
and practices of the government and the society in general involving the processes of
handling individuals who have been convicted of offenses for purposes of crime
prevention and control.
- it is the study of jail/prison management and administration as well as the
rehabilitation and reformation and reformation of criminals.
Correction as a process
- refers to the reorientation of the criminal offender to preven him or her from
repeating his deviant or delinquent actions without the necessity of taking punitive
action but rather introduction of individual measures of reformation.

Correctional and the Criminal Justice system

Criminal Justice System is the machinery of any government in the control and
prevention of crimes and criminality.

5 PILLARS OF PHILIPPINE CRIMINAL JUSTICE SYSTEM

1. Law Enforcement
2. Prosecution
3. Court
4. Corretion
5. Community

Correction as one of the pillars of Criminal Justice System is considered sa the

weakest pillar. This is because of its failure to deter individuals in committing crimes as
well as the reformation of inmates. This is evident in increasing number of inmates in
jails or prison. Hence, the need of prison management is necessary to rehabilitates
inmates and transform them to become law abiding citizens after their release.

Correction is the fourth pillar of the criminal justice system This pillar takes over
once the accuse, after having been found guilty is meted out of the penalty for the
crime he committed. He can for probation or he could be turned over to a non -
Institutional or Institutional facility or agency for custodial treatment and
rehabilitation. The offender could avail the benefits of Parole or executive clemency
once he has serve 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 meted out.

Correctional System

Function of correction
1. To rehabilitate and neutralize the deviant behavior of adult criminals and
juvenile delinquents.
2. This component of Criminal Justice System faces a three-side task in carrying
punishment imposed on the convicted offender by the court;
 to deter
 to inflict retribution
 to rehabilitate
- the components of correction effectuate their functions through different programs;
1. probation
2. commitment
3. an institution
4. Parole

CHAPTER 1: HISTORICAL PERSPECTIVE ON CORRECTIONS

TOPIC 1: Important Dates and Events in the History of Correction:

1. 3th Century - Securing Sanctuary
- a criminal could avoid punishment by claiming refugee in a church for a period
of 40 days at the end of which time he has compelled to leave the realm by a
road.
2. 1468 (England) - torture as a form of Punishment became prevalent.
3. 16th Century - transportation of criminals in England, was authorized. At the
end of the 16th Century, Russia and other European Countries followed this
system. It partially relieved overcrowding of prisons. Transportation was
abandoned in 1835.
4. 17th Century to late 18th Century - Death penalty became prevalent as a
form of Punishment.

Reason why Death Penalty became the usual Punishment during this period
and thereafter.
1. Death of outlaws became a "protection fo the English people". It is because the
people during this period did not totally believe yet in the ability to a strong
police force to combat criminals.
2. People lack of confidence in the transportation of criminals. Goals and Galleys
became center of corruption and in effective instrument of Punishment.
3. Doctrine of Crude Intimidation appeared or seemed to be a logical form of threat
in order to deter or prevent the people from violating the law.
4. The assumption was that, the ruling class is tasked to protect property rights and
maintain public peace and order. The system of maintaining public order had
little consideration or it did not recognize the social and economic condition of
lower working class. The law makers and enforcers used death penalty to cover
 property loss or damage without further contemplating the value of life of other
people.

The Primary School of Penology

1. The Classical School - it maintains the "doctrine of Psychological hedonism" or
"free will". That the individual calculates pleasures and pains in advance of
action and regulates his conduct by the result of his calculations.
2. The Neo-Classical School - it maintained that while the classical doctrine is
correct in general, it should be modified in a certain detail. Since children and
lunatics cannot calculate the differences of pleasures from pain, they should not
be regarded as criminals, hence they should be free from punishment or the
punishment should be lenient.
3. The Positivist/ Italian School - the school that denied individual responsibility
and reflected non-unitive reactions to crime and criminality. It adheres that
crimes, as any other act, is a natural phenomenon. Criminal are considered as
sick individuals who need to be treated by treatment programs rather than
punitive action against them.

The Primitive Society

In the beginning of civilization, act is characterized by behavioral controls
categorized as:
 Forbidden acts
 Accepted acts
 Encourage acts

Forbidden Acts - crimes, violence, rebellious acts and other acts, which are expressly
prohibited by the society.
Accepted Acts - are those that can be beneficial to the welfare of the society such as
early traditions and practices, folk ways, norms, those that are controlled by social
rules, and laws.
Encourage Acts - are anything approved by the majority which is believed to be
beneficial to the common good. These things include marrying, having children, crop
production, growing food etc.
Punishment is required when those who intent to violate the rules do not comply
with these practices.
The complex society gradually evolved changing the social rules into a more
structured sanctions to prevent the violations of those rules essential to a group
survival. These sanctions have been codified into written rules or laws. And the reward
for obeying those laws is simply the ability to function as a respected and productive
member of society.

Redress (Compensation) of a wrong act

 Retaliation (Personal Vengeance) - the earliest remedy for wrong act to any
one (in the primitive society). The concept of personal revenge by the victim’s
family or tribe against the family or tribe of the offender, hence "blood feuds"
was accepted in the early primitive societies.
 Fines and Punishment - Custom has exerted effort and great force among
primitive societies. The acceptance of vengeance in the form of payment (cattle,
foo, personal services, etc) became accepted as dictated by tribal tradition. As
tribal leaders, elders and later kings came into power, they begun to exert their
 authority on the renegotiation. Wrongdoers could choose to stay away from the
proceedings (Trial by Ordeal) but if they refuse to abide the law imposed they
will be declared to be an outlaw.

Significant Event in the History of Penal Institutions and Development

of
Correctional System
Babylonian and Sumerian
A. Code of Hamurabi - (Babylonian) - is usually credited with being the oldest
Code prescribing savage punishment, but in fact, Code of Ur-Nammu
(Sumerian) was nearly one hundred years older.
B. Ur-Nammu’s Code – decreed the imposition of restitution and fines of
execution, mutilation or other savage penalties. It holds the principle that
offender can be punished and victims can be paid by making the offender
reimburse the value of whatever damages as the result of crime.

CODE OF HAMMURABI CODE 0F UR-NAMMU

 1754 BC  2100 – 2050 BC

 Lex Taliones “Law of Talion”  Oldest Code than Hammurabi
 Principle (An Eye for an Eye or
Tooth for a Tooth)
 Punishment: Death or Mutilation
 First Codifier of Law
 The first comprehensive view of  Translated by Samuel Kramer
the laws
 The code was carving in “Stone”
 282 Articles
 Museum of France “Index  Instanbul Archaelogy Museums
Finger”
 Bit Kili means “Incarceration”

Roman and Greek

A. Justian Code - 6th C. A. D., Emperor Justian of Rome wrote his code of law. an
effort to match desirable amount of punishment to all possible crimes. However,
the law did not survive due to the fall of the Roman Empire but left a foundation
of Western legal codes.
Twelve Table of (XII Tabulae), (451-450 BC) - represent the earliest
codification Roman law incorporated into the Justian Code. It is the foundation of
all public and private law of the Roman's until the time of Justian. It is also a
collection of legal principles engraved on metal tablets and set up on the form.

TWELVE TABLES JUSTINIAN CODE

 451 – 450BC  Circa 482 – 14 November

  Lex Duodecim Tabularum 565 (Byzantine Emperor
 Incorporated (merged) into Justinian)
the Justinian  Corpuz Juriz Civilis Justinian

 Code finished in 529  The “Last Roman”

 Foundation of all laws in
Rome and written in tablets
of bronze
 (Decemvirate – board of “Ten
Men”)

B. Code of Draco - In Greece, The Code of Draco, a harsh code that provides the
same punishment for both citizens and the slaves as it incorporates primitive
concepts (Vengeance, Blood Feuds).

The Greek were the first society allows the first citizen to prosecute the
offender in the name of the injured party.

CODE OD DRACO CODE OF SOLON

 The ultimate “Severity”  Repealed the law of Draco

 7th BC except Homicide
 First Recorded Legislator of  Circa 638 – Circa 558 BC
Athens in Ancient Greece  Appointed arcon and was
 Axones means “Wooden given legislative powers
Tablet”  The “wise law giver”
 Draco introduced the Lot-  All of his law was applied to
chosen Council of Four all equally
hundred  Certainty of Punishment
 Homicide cases – “kill by  Statue of Solon – Congress
relative of the victim/s” of America
 Statue of Draco – Supreme
Court of America

The Burgudian Code (500A. D) - specified punishment according to the social class
of offenders, dividing them into: nobles, middles class and lower class and specifying
the value of the life of each person according to social status.
 Offender had to pay the specified value in order not to undergo physical suffering
as penalty.
Mosaic law – allowed extreme punishment such as flogging or burning alive,
offenders are entitled to freedom from torture and admission of guilt is admissible only
when there is a confirmatory testimony from at least 1 witness.
 Nicodemeans Ethics – written in 400 BC first publication that explain crime and
corrective justice stating that “Punishment is a mean of restoring the balance
between pleasure and pain”
509 BC – a law was passed prohibiting flogging or execution unless affirmed by
the Centuriate Assembly.

MAMERTIME PRISON UNDERGROUND CISTERN

 64 BC  Greek "box or basket" - a water proof receptacle for

 Roman place of holding liquids, usually water.
confine-ment which is  form of prison used to detain offenders undergoing trial
built under the main in some cases
sewer of Rome  to hold sentences offenders where they were to be
 Tullius "Jet of Water" starved to death.

France - it is considered as "Devil Island".

Ergastulum– Roman Prison that was used to confine slaves where they were attached
to workbenches and forced to do hard labor.
Benefit of Clergy - provided an escape for severe punishments as a member of clergy
such as ordained, novices and nuns by subjecting him into jurisdiction of ecclesiastical
court. Ecclesiastical punishment was lenient because the focus of the church was on
penance and salvation of our soul rather than in administering physical punishment for
the purpose of deterrence and revenge.
Securing Sanctuary - in the 13th century the criminal could avoid arrest and
punishment by claiming refugee in such a period of forty (40) days. At the end of which
time, he was compelled to leave the realm by a road or part to him away from the
hands of authority.
Ordeal - is the church's substitute for a trial until 13th century where in guilt or
innocence was determined by ability of the accused by being unscathed through
dangerous and painful tests.
Charlemagne - gave bishop the power to act as real judge which enabled Bishop to
rule a secular.
The Holy Inquisition - a general label for a succession of Roman Catholic Tribunals
charged with the detection punishment of heresy.
Pope Innocent VIII 1487 – issued Papal Bull that allowed refugee offenders to be 3
driven out of the sanctuary if they used this for committing crimes but half centuries
later, many sanctuaries closed and those still remaining have refused to accept
offenders of serious crime, murder and robbery.
Pope Leo I – 440AD - Was the first Pope to fully expressed approval for killing,
otherwise human and divine law would be subverted.
Priscilian – 385AD the first recorded Christian who put to death for being a heretic
(Unorthodox) but death as capital punishment was first used in 1022 in Orleans, France
when thirteen heretics were burned at the instigation of the church. Pope Innocent II
tried to wash his hand like a Pontius Pilate when it turned over heretics to the secular
authorities for proper punishment that included death.
Pope Gregory IX – through his Papal Encyclical “Encommunicamus” issued in 1231
that made part of the Canon Law the burning of non-believers the stake. He also
initiated the inquisition that lead to the burning of hundred heretics.
Pope Innocent IV – officially introduced torture to the Inquisition procedure in 1252.
Pope John Paul II – reverse the practice of death as a form of punishment, Pro-life
Pope in his Encyclical Tertio Millenio Adveniente, formally apologized to the past
intolerance and use of violence in the defense of truth and has challenged to break
away from the “culture of death”.
Imprisonment - in the latter half of the 13th century, under the reign of King Edward
I, incarceration came into use in England. Imprisonment was also used by the church
Firstly because they were not permitted to use of first penalty and secondly because
they had an appreciation of the value of withdrawal from association with others.
Extensively used during the inquisition. Imprisonment was almost not use in Greece,
and not all in the Roman Republic, but used for minor offenses in Roman Empire. In
England, in the Middle of the 16th century, imprisonment used extensively by
committing vagrants and others to the House of Correction.
King Henry VII of England – he decreed corporal punishment for vagrant in 1531
and penal slavery in 1547 to depend the interest of the still dominant landlord class.
Bridewell Institution in Bridewell, England – establish during the reign of king
Edward VI, as a workhouse of vagabonds, idlers and rogues. The Bridewell was a
reform of some sort over the traditional, already unworkable system of punishment.
Vagrants and prostitute were given work while serving their sentence. After two
centuries this system lost its usefulness due to the banishment of offenders to the
colonies.
Bridewell - a term for House of Correction which were used for locking up, employing
and whipping beggars, and other misfits. This institution was built around the
acceptable value of regular work and the of habits of industry.
Saint Bridget's well - England first House of Correction.
1575 - English Parliament passed a law calling for each country to build their own
Bridewells.
1703 Pope Clement XI- build Hospicio de San Michelle in Rome, designed for
incorrigible youths under 20 years old and which was he First home for delinquent boys
over establish. This institution had the motto inscribed over, "It is sufficient to restrain
the wicked by punishment, unless you render the virtuous by corrective discipline."
Transportation of Criminals - in England, was authorized at the end of 16th century,
followed by Russians and European countries. This system partially relieved
overcrowding of prisons. Transportation system was abandoned.
Goals – other word of jail during early days, were hard for poor prisoner but not for
those who are wealthy. This was because prisoners had to pay for their
accommodations, food and cost of administration and security. Beddings, blankets,
light and everything were sold or rented to prisoners of very high rates. The jailer or
goaler was paid from payment of prisoners.
- pretrial detention facilities operated by English Sheriff.
Galleys - long, low, narrow, single decked ships propelled by sails, usually rowed by
criminals. A type of ship used for transportation of criminals in the 16th century.
Hulks - decrepit transport, former warships used to house Prisoners in te 18th and
19th century. These were abandoned warships converted into prisons as means of
relieving congestion of Prisoners. They were also called "floating hells".
Cesare Beccaria- published his essay "Crime and Punishment" in 1764 which was his
greatest contribution to penal law, formulating the philosophy of the classical school.
Jeremy Bentham- further develop the philosophy of the classical school with his
Hedonistic Calculus. Both Beccaria and Bentham believed in the doctrine of free will.
Panoptican Prison- a type of prison conceived by Bentham which would consist of a
large circular building of cast iron, and glass containing multi-tiered cells around the
periphery. This was never built due to high cost.
Lombroso, Becaria and Bentham– their efforts change the prison system based on
solitary confinement and hard labor so that by 1779 a penitentiary was passed that
mandated the establishment of prison system.
John Howard- was appointed sheriff of Bedfordshire, England in 1773; after visiting
guard hundreds of Penal institutions and made recommendations for their reform
including:
 Single cell for sleeping
 Segregation of woman
 Segregation of youth from other offenders;
 Provision facilities for sanitation;
 Abolition of the fee system by which jailers obtained money from prisoners in lieu
of adequate salaries.

William Peru - the first leader to prescribe imprisonment as a correction treatment for
major offender.
The walnut Street Jail (1790)- originally constructed as a detention jail in
Philadelphia, it was converted into a state prison and became the first American
Penitentiary. It began the penitentiary system in the United States when legislation
was passed establishing the principle of solitary confinement, strict discipline,
productive work and segregation of the more dangerous offenders.
Norfolk Prison at Wymondham, England– after the Penitentiary Act of 1779 this
prison was opened.
Connecticut State Prison– used copper mine at Simsbury from 1773 to 1827 as
prison facilities wherein prisoners worked in the mines during the day and then their
ankles and necks were shackled during nighttime to prevent escape.
Cat-ONine Tails- a slash of nine knotted throngs of law hides attached to solid handle,
used in the administration of flogging, which was most popular method of corporal
punishment.
National Penitentiary of Milkbank – followed in 1821.
Maine State Prison – underground facilities to incarcerate offenders contained cells
in the 4 pits similar to the underground cistern of long ago. Rome that used to detain
offenders undergoing trial in some cases and to hold sentenced offenders where they
will starve to death. These pits were entered through an iron gate in the ceiling during
late 1828
Pentonville National Penitentiary – opened in 1842.
Alexander Solzhenitsyn – a political prisoner who popularizes banishment in Gulag
Archipelago in a novel.
Banishment - the punishment of being sent away from a country or other place
2 Distinct Benefits of Banishment
1. It allowed the transporting country to colonize distant lands such as Australia,
Canada, Africa and all other far – flung colonies.
2. It reduced number of criminals and the concomitant reduction of criminality in
the country of origin.
Penal Code of Russia (1845) – punishes offenders to hard labor for four years to life.
Fortunate prisoners sentenced to hard labor were destined to the factories or
construction of fortresses. Sentences to labor in the mines were the unluckiest of the
destinations.
Sing Sing Prisons – became famous or rather infamous all over the world and was
plot of many movies filmed because of the Sing sing bath which was inflicted aside from
floggings, denial of reading materials and solitary confinement. The shower bath was a
gadget do construct as a drop a volume of water on the head of a locked naked
offender. The force of the icy cold water hitting the head of the offenders caused so
much pain and extreme shock that prisoner immediate sank into come due to the shock
and hypothermia or sudden drop of the body temperature.
James Bennet - Director of Federal Bureau of Prisons who wrote about the closing
Alcatraz Prison.
Alcatraz Prison(The Rock) - opened in 1934, closed on March 21, 1936 because it
was costly on operation. Estimate were at repairs alone would run between 41/2 and 5
billion dollars. As far as 1940, it had a per capital cost of over twice the average of all
federal institutions. When it closed, it has 260 inmates.
Fred T. Wilkinson - the last warden of Alcatraz Prison.
Split Sentence - the imposition of penalties such as imprisonment and fine.
Australia - the place which was a penal colony become a country.
Convicted Criminal in England were transported to Australia, a colony of Great
Britain when transportation was adopted in 1790 to 1875.
Development of Prisons

Prisons evolved as a substitute for Transportation of Criminals to distant places.

Medieval Europe used this form of transporting prisoners to distant colonies to export
labor.

Prison of Ghent - it established by JACQUES VILAIN in the city of Ghent, Belgium in

1771. It was designed to rehabilitate rather than punish the prisoners. VILAIN
developed strict classification of criminals and their segregation. He considered THE
FATHER OF PENITENTIARY SCIENCE.
Panoptican Technique - JACQUES VILAIN developed the architectural design of the
prisoner where cell block radiates in a single central court where the guard are posted.
It's inside cell block construction of cell blocks place back to back was also adopted in
the conventional penitentiary. This architectural design is called PANOPTICAN
TECHNIQUE.
London House of Correction - It was establishing in London in 1596. It was where
beggars or able-bodied mendicants and wanton females were housed. The London
House of Correction was later named BRIDEWELL, because at the said House of
Correction was found a well-known of its medicinal properties and was called ST.
BRIDEGET'S WELL.
Penitentiary -JOHN HOWARD (1725-1790) ENGLAND - He was the greatest penal
reformer. He was the first who advocated the establishment of a penitentiary from the
house of correction or jail and a program of work, education and religion is best design
for reformation.
De San Michelle - it was established by Pope Clement in 1776 where vigorous prison
reforms were implemented.
The Clergy - it was a practice where Clergymen were exempted from the jurisdiction
of the Secular Court or arrest or attachment in criminal cases. It was allowed before
1827.
Penitentiary Act of 1779 (England) - it was established or enacted into law for
creation of penitentiary houses upon four fundamentals:
1. Secure and Sanitary structures;
2. Systematic Inspection
3. Abolition of fees against inmates; an
4. Reformation of Regimes.

Sir William Blackstone - authored the Penitentiary Act of 1779, based on the
published work of John Havland with respect to prison reform. This was the first law of
the creation of Penitentiary houses.
United States of America - Prior to the revolution, the colonies were governed by
barbaric penal codes from England. William Penn's colonies of Pennsylvania were
influenced greatly by the philosophy of society. No corporal punishment was resorted
to and recognized no capital offense except meditated murder.
THE TWO RIVAL PRISONS IN THE HISTORY OF CORRECTION/ TWO MAJOR
CORRECTIONAL SYSTEMS IN THE UNITED STATES OF AMERICA

A. The Auburn Prison System - the prison system called the "Congregate System".
- The prisoners are confined in their own cells during the night and congregate work in
the shops during the day. Complete silence was enforced.

B. The Pennsylvania Prison System - the prison system called "Solitary System".
- Prisoner is confined in single cells day and night where they lived, they slept, and they
ate and receive religious instructors. Complete Silence was also enforced. They are
required to read the Bible.

AUBURN SYSTEM PENNSYLVANIA SYSTEM

 In year 1819  In year 1829

 Confinement of prisoner in a single  Confinement of prisoner in their own
cell at night and congregate work in cells day and night
shops during the day  Adopted by European Countries
 Adopted by the United States  Solitary confinement in cell 16ft
 Elam Lynds, the first warden of high, nearly 12ft long, 7.5 feet wide.
Auburn Penitentiary Solitary Confinement
 Arch. John D. Cray, Deputy warden (Separate System)
Congregate System
(New York System)

Early Codes (Philippine Setting)

 The Philippines is one of many countries that under the influence of the Roman
Law. History has shown that the Roman Empire reached its greatest extent to most of
continental Europe such as Spain, Portugal, French and all of the Central Europe.

Eventually, the Spanish Civil Code became effective in the Philippines on

December 7, 1889, the "Conquistadores" and the "Kodigo Penal" (The Revised Penal
Code today, 1930) was introduced by the Spaniards promulgated by the by the king of
Spain. Basically this laws adopted the Roman Law principles (Coquia, Principles of
Roman Law, 1996).

Mostly tribal tradition, customs and practices influenced laws during the
Pre - Spanish Philippines. There was also a law that was written which
includes:
a. The Code of Kalantiao (promulgated in 1433)- the most extensive and severe
law that prescribes harsh punishment.
b. The Maragtas Code (By Datu Sumakwel)
c. Sikatuna Law

Early Prison in the Philippines:

During the Pre-Spanish Period, prison system in the Philippines was tribal in
nature, Village chieftains administered it. It was historically traced from the early
written laws.
1847, the first Bilibid prison as constructed and became the central place of
confinement for Filipino Prisoners by virtue of the Royal decree of the Spanish crown.
In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau
of Prisons originally in tented as a site for boys' training school. Today, the old Blibid
Prison is now being used as the Manila City Jail, famous as the "May Halique Estate".

The Emergency of Secular Law

4th A. D. - Secular Laws were advocated by Christian philosophers who
recognizes the need for justice. Some of the proponents these laws were St. Augustie
and St. Thomas Aquinas.

Three Laws were distinguished:

1. Eternal Law (Lex Eterna) - identical to the mind of God himself. It can call law
because God stands to the Universe which he creates a ruler does to a
community which he rules. When Gods reason is considered as it is stand by God
Himself.
2. Natural Law (Lex Naturalis) - is a theory in ethics and philosophy that says that
human beings possess intrinsic values that govern our reasoning and behavior.
Natural law maintains that these rules of right and wrong are inherent in people
and are not created by society or court judges.24 Nov 2020
3. Human Law (Lex Humana) -All these laws are intended for the common good,
but the Human Law only becomes valid if it does not conflict with the other two
laws.

TOPIC 2: THE CONCEPT OF PUNISHMENT

Punishment -the general concept is that it is the infliction of one sort of pain on the
offender for violating the law.
In its legal sense, it is the redress that the state takes against an offending
member with the observance of due process in order to attain justice.
In its sociological perspective, punishment is also a form of condemnation or
disapproval of certain behavior that deviates from the norms and established order of
society for which the imposition of penalty is carried out.
Punishment is necessary to attain public justice. It means that carried out not
only for personal vengeance on those who are victims but also for the good of society.

Historical review in the form of Punishment

1. Capital Punishment - Death penalty by hanging, burning, immersing, in boiling
oil, feeding to the Wil animals and other barbaric ways.
2. Corporal Punishment - By flogging, mutilation, disfiguration, and mailing.
3. Public Humiliation and Shaming - By the use of stocks and pillory, docking
stools, branding with hot iron, and shaving of hairs.

Ancient Forms of Punishment:

1. Death Penalty is affected by burning, beheading, hanging, breaking at the
wheels, pillory, and other forms of medieval execution.
2. Physical Torture - affected by maiming, mutilation, whipping, and other
inhumane or barbaric forms of inflicting pain.
3. Social Degradation - putting the offender into shame or humiliation.
4. Banishment or Exile - sending or putting away of an offender which was
carried out either by the prohibition against coming into a specified territory
such as an island to where the offender has been removed.
5. Other similar forms of Punishment like transportation and slavery.

Early Forms of Prison or Discipline:

1. Hard Labor- productive work.
2. Deprivation- deprivation of everything except the bare essentials of existence
3. Monotony- giving the same food that is "off-die" or requiring the prisoners to
perform a drab or boring daily routine.
4. Uniformity- "we treat prisoners alike”, “the fault of one is the fault of all".
5. Mass Movement- mass living in cell blocks, mass eating, mass recreation, mass
bathing.
6. Degradation- uttering insulting words or language on the part of the prison staff
to the prisoner to degrade the confidence of the prisoner.
7. Corporal Punishment- imposing brutal punishment or employing physical force
to intimidate a delinquent inmate.
8. Isolation or Solitary Confinement- non-communication, limited news, " the
lone wolf ".

Contemporary Form of Punishment:

1. Imprisonment - putting the offender in prison for the purpose of protecting the
public against criminal activities and at the same time rehabilitating the
prisoners by requiring them to undergo institutional treatment programs.
2. Parole - a conditional release of a prisoner after serving part of his/ her sentence
in prison for the purpose of gradually reintroducing him/her to free life under the
guidance and supervision of a Parole officer.
 3. Probation - a disposition whereby the defendant after conviction of an offense,
the penalty of which does not exceed six years of imprisonment, is released
subject to conditions imposed by the releasing court and under the supervision of
the Probation Officer.
4. Fine - an amount given as a compensation for a criminal act.
5. Destierro - the penalty of banishing a person from the place where he
committed crime, prohibiting to get near or enter 25 kilometer perimeter.

Purposes/Justification of Punishment
1. Retribution- the punishment should be provided by the state whose sanction is
violated, to afford the society or individual the opportunity of imposing upon the
offender suitable punishment as might to be enforced. Offenders should be
punished because they deserve it.
2. Expiration or Atonement- it is punishment in the form or group vengeance
where the purpose is to appease the offended public or group.
3. Deterrence- punishment gives lesson to the offender by showing to the
offenders what would happen to them if they violate the law. Punishment is
imposed to warn potential offenders that they cannot afford to do what the
offenders has done.
4. Incapacitating and Protection- the public will be protected if the offender has
been held in conditions where he cannot harm others especially the public.
Punishment is effected by placing offenders in prison so that society will be
ensured from further criminal depredations of criminals.
5. Reformation and Rehabilitation- is the establishment of the usefulness and
responsibility of the offender. Society’s interest can be better served by helping
the prisoner to become law abiding citizen and productive upon his return to the
community by requiring him to undergo intensive program of rehabilitation in
prison.

TOPIC 3 AGE OF ENLIGHTENMENT

18TH Century is a century of change. It is the period of recognizing human
dignity. It is the movement of reformation, the period of introduction of certain reforms
in te correctional field by certain person, gradually changing the old positive
philosophy of Punishment to a more humane treatment of prisoners with innovation
programs.

The Pioneers:
1. William Penn (1614-1718)
- He fought for religious freedom and individual’s rights.
- He is the first leader to prescribe imprisonment as a correctional treatment for
major offenders.
- He also responsible for the abolition of death penalty and torture as a form of
punishment.
2. Charles Montesquieu (Charles Louis Secondat, Baron de la Brede et de
Montesquieu)
- (1689- 1755) A French historian and philosopher who analyzed law as an
expression of justice. He believes that harsh punishment would undermine
 morality and that appealing to moral sentiments as a better means of preventing
crime.
3. Voltaire (Francois Marie Arouet)
- (1694 - 1778) He was the most versatile of all philosophers during this period. He
believes that fear of shame was a deterrent to crime. He fought the legality-
sanctioned practice of torture.
4. Cesare Bonesa, Marchee de Beccaria (1738-1794)
- He wrote an essay entitled "An Essay on Crimes and Punishment", the most
exciting essay on the law during this century. It presented the humanistic goal.
5. Jeremy Bentham (1748-1832)
- the greatest leader in the reform of English Criminal law. He believes that
whatever punishment is designed to negate whatever pleasure or gain the
criminal derives from crime, the crime rate would go down.
- Bentham was the one who devise the ultimate PANOPTICAN PRISON - a prison
that consist of a large circular building containing multi cells around the
periphery. It was never built.

6. John Howard (1726 - 1790)

- the sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison
reform. After his findings on English Prisons, he recommended te following:
 Single Cells for Sleeping
 Segregation of Women
 Segregation of Youth
 Provision of Sanitation Facilities
 Abolition of Fee System by which jailers obtained money from Prisoners.

EUROPE, SEVERAL PENAL ADMINISTRATORS CAN BE MENTIONED AMONG

THOSE WHO CONTRIBUTED THE PROGRESSIVE DEVELOPMENT
REFORMATORY SYSTEM.

The Reformatory Movement

1. Manuel Montesinos – director of the prison of Valencia, Spain, in 1835, divided
prisoners into companies and appointed prisoners as petty officers in charge;
offered trade training to prepare the convicts for return of society. Academic
classes of one hour were given in all inmates under 20 years of age.
2. Domet of France – established and agricultural colony for delinquent’s boys in
1839. The boys were housed in cottages with house fathers as in charge. The
system was based on re-education rather than force. When discharge the
delinquent boys were placed under supervision. He concentrated on reduction;
upon their discharge, the boys were placed under the prison of a patrol.
3. Alexander Macanochie – Superintendent of the penal colony at Norfolk Island
in Australia introduced a progressive Humane System to substitute for corporal
punishment, known as the "Mark System" When a prisoner earned a required
number of marks he was given a ticket of leave, which is the equivalent of parole.
- he introduced several progressive measures aimed at rehabilitating
prisoners, like fair disciplinary trials, but churches, distributed books,
allowed plays to be staged, and permitted prisoners to tend small gardens for
his progressive administration of prisoners.
- should be considered as one of the father of modern penology.
 - was a Scottish naval officer, geographer, and penal reformer. He is
known as the Father of Parole.

His 2 Basic Principle of Penology

1. As cruelty debases both the victim and society, punishment should not be
vindictive but should aim at the reform of the convict to observe social
constraints, and
2. A convict's imprisonment should consist of task, not time sentences, with release
depending on the performance of a measurable amount of labour.

Macanochies Mark System consisted of five stages:

1. Strict custody upon admission to the penal colony
2. Work on government gangs
3. Limited freedom on the island within a prescribed area
4. Ticket of leave
5. Full restoration of Liberty
3. Walter Crofton– Chairman of the directors of Irish Prison. In 1856, he
introduced the Irish System, later called the progressive stage system. The Irish
System was actually a modification of Macanochie's work system considered of
four (4) stages;

1. First stage of the Irish System was solidarity confinement for nine
months at a certain prison.
- the prisoner at this stage were given reduced diet and allowed monotonous
work. The Prisoner progress to a more interesting work, some education, and
better treatment toward the end of the first stage.
2. Second Stage was an assignment to the public works at Spike Island.
- the prisoner worked his promotion through a series of grades according to a
mark system, and wore a badge of distinction to show his status.
3. Third Stage the prisoner was sent to lurk or Smithfield which was a sort
of preparation for release.
- Here the prisoner work without custodial supervision and was expose to ordinary
temptation of freedom.
4. Final Stage was release on supervision under conditions equivalent to
present day parole.

5. Sir Evelyn Ruggles Brise

- The Director of English Prison who opened the Borstal Institution for young
offenders. The Borstal Institution is considered as the best reform institution for young
offenders today.

6. Zebulon Brockway
- The Superintendent of Elmira Reformatory in New York (1876) who introduced
certain innovation programs like the following: training school type - Compulsory
education of prisoners - casework methods - extensive use of parole - indeterminate
sentence.
 The Elmira Reformatory is considered forerunner of modern Penology because
it had all the elements of a modern system.

TOPIC 4. PENALTY AND THE MODERN PERIOD OF CORRECTION

PENALTY - Is defined as the suffering inflicted by the state against an offending
member for the transgression of law.

Juridical Conditions of Penalty

Punishment must be:
1. Productive of Suffering - without however affecting the integrity of te human
personality.
2. Commensurate with the offense - different crimes must be punished with
different penalties (Art. 25, RPC)
3. Personal - the guilty one must be the one to be punish, no proxy.
4. Legal - the consequence must be in accordance with the law.
5. Equal - equal for all person.
6. Certain - no one must escape its effects.
7. Correctional - changes the attitude of offenders and become law-abiding
citizens.

Duration of Penalties
1. Death Penalty - Capital Punishment
2. Reclusion Perpetua - life imprisonment, a term of 20 to 40 years of
imprisonment.
3. Reclusion Temporal - 12 years and 1 day to 20 years of imprisonment.
4. Prison Mayor - 6 years and 1 day to 12 years of imprisonment.
5. Prison Correctional- 6 months and 1 day to 6 years of imprisonment.
6. Arresto Mayor - 1 month and 1 day to 6 months of imprisonment
7. Arresto Menor - 1 day to 30 days of imprisonment.
8. Bond to Keep the Peace - discretionary on the part of the court.

The Modern Period of Correction

Modern Penal Management incorporates general principles of treating offenders
that are based on humane practices such as the following:
1. Jail or Prison rules shall be applied impartially without discrimination on ground
of race, color language, religion, or other opinion, national or social origin,
property, birth or other status.
2. The religious belief and moral percepts not contrary to law, which a prisoner
holds, must be respected.
3. Prison or Jail rules and Regulations shall be applied with firmness but tempered
with understanding.
4. Custodial force shall, at all times, conduct themselves as a good example.
5. Abusive or Independent language to prisoners shall not be used.
6. Special care towards inmates shall be practiced preventing humiliation or
degradation.
7. No use of force must be made by any custodial force, except in self-defense or
attempt to escape or in case of passive physical resistance to a lawful order.
8. Custodial Force shall bear in mind that prisoners are sick people who need
treatment.