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Chapter 5
INSTITUTIONAL CORRECTIONS
(PART1)

At the end of this chapter the student should be able to:

• Gain an overview of the history and personalities
behind Corrections.
• Gain some knowledge about the concept of
punishment and its contemporary forms.
• Understand the concept of the Golden Era in Penology

Historical Perspective of Corrections

13th Century - Securing Sanctuary In the 13th century, a criminal could avoid
punishment by claiming refuge in a church for a period of 40 days.
1576 - England ordered that each county should construct an institution for the
confinement of offender, which is popularly known as the "English House of Correction
or Bridewell-style house of corrections and Workhouses.
16th Century - Transportation of criminals in England was authorized. At the end of this
century, Russia and other European Countries followed this system. This practice was
abandoned in 1835.
18th century - Known as the "Age of Enlightenment" additional jails were constructed
due to the decreasing opportunities for transportation of criminals to other countries and
the elimination of the need of galley slaves
Gaols (jails) - the description given to pre-trial detention facilities operated by English
sheriff in England during the 18th century.
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 (Floating Hell) - these are former warships used to house prisoners in the 18th
and 19th century. The hulks were originally intended only as a temporary solution to a
problem, but they were not completely abandoned until 1858, eighty years later.
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Ordeal - is the church's substitute for a trial until the 13th century wherein guilt or
innocence was determined by the ability of the accused of being unhurt through
dangerous and painful test.

EARLY CODES

Babylonian and Sumerian Codes

• Code of King Hammurabi (Hammurabic Code) Babylon, credited as the oldest
code prescribing savage punishment around 1759 BC. But in fact, Sumerian
codes were nearly 100 years older. The main concept of Hammurabic code is
"lex talliones" which means "an eye for an eye; a tooth for a tooth".

King Ur-Nammu's Code

• Decrees the imposition of restitution and fines of execution, mutilation or other
savage penalties.
• Analysis of King Ur-Nammu's also carries a concept of restorative justice that re-
establish the lost relationship between the involved parties in crime that existed
before the commission of crimes.

Roman and Greek Codes

• Justinian Code, 529 AD. Emperor Justinian of Rome wrote his code of law. This
code was a revision of the 12 tables of Roman. However, the law did not survive
due to the fall of the Roman Empire but left a foundation of Western Legal codes.
• The Twelve Tables - represented the earliest codification of Roman law
incorporated into the Justinian code.
• Greek Code of Draco - Greece, a harsh code that provides the same
punishment for both citizens and the slaves as it incorporates primitive concepts.
The Greeks were the first to allow any citizen to prosecute the offender in the
name of the injured party
• The Burgundian Code (500 AD) - This code introduced the concept of
restitution. This code specified punishment according to the social class of
offenders, dividing them into: Nobles, Middle class and Lower class and
specifying the value of the life of each person according to social status.
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• 509 B.C - A law was passed prohibiting flogging or execution unless affirmed by
the Curiate Assembly.
• Curiate Assembly - was the principal legislative assembly during the era of the
Roman Kingdom. While its primary purpose was to elect new kings, it also
possessed rudimentary legislative powers

CONCEPT OF PUNISHMENT

What is Punishment?
The general concept is that it is the infliction of some sort of pain on the offender
for violating the law. In the legal sense, it is more individual redress or personal
revenge. Punishment therefore is defined as the redress that the state takes against an
offending member.

Contemporary Forms of Punishment

• Imprisonment - Placing offenders in prison for the purpose of protecting the
public and at the same time rehabilitating them by requiring the latter to undergo
institutional treatment program.

• Parole - Parole is defined as a procedure by which prisoners are selected for

release on the basis of individual response and progress within the correctional
institution and by which they are provided with necessary controls and guidance
as they serve the remainder of their sentences within the free community.

• Probation - It is a procedure under which a defendant after found guilty of a

crime is released by the court without imprisonment subject to the conditions
imposed by the court and subject to the supervision of a probation officer (P.D.
9es amended by R.A. 10707),

Justification for Punishment

 Retribution - "retribution generally means "getting even" with the perpetuator. It
refers to the theory of punishment that says an offender should be punished for
the crimes committed because he or she deserves it.
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 Deterrence - it is a justification for punishment based on the belief of the

prevention or discouragement of crime through fear or danger

 Specific Deterrence - is directed toward the individual offender. The rationale is

that by making the punishment sufficiently unpleasant, the offender would be
discouraged from committing violations in the future.

 General Deterrence - is designed to use the offenders to "set an example" for

those who might otherwise consider engaging in similar criminal acts.

 Expiation or Atonement - this was in the form of group vengeance, as

distinguished from retribution, where punishment is exacted publicly for the
purpose of appeasing the social group.

 Reformation - Society's interest can be best served by helping the prisoner

become a law-abiding citizen and productive upon his return to the free
community by requiring him to undergo intensive rehabilitation in prison.

 Protection - is rehabilitation of criminals and protection of the public go hand in

hand. If reformation is achieved, then the public protected.

Early Concept of Punishment

King Henry VIII - Decreed corporal punishment for vagrants in 1531 and penal slavery
in 1547 to defend the interest of the still dominant landlord.
Bridewell system/Institution - England established in 1556 as workhouse for
vagabonds, idlers, and rogues. It was a reform over the traditional unworkable system
of punishment.
Saint Bridget's Well - England's first house of correction
Penitentiary Act Of 1779 - This act was passed that mandates the establishment of a
prison system based on solitary confinement, hard labor, and religious instruction
Walnut Street Jail - originally constructed as a detention jail in Philadelphia It was
converted into a state prison and became the first American Penitentiary.
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Hospicio de San Michelle - the first home for delinquent boys ever established. Built
by Pope Clement XI in Rome for housing incorrigible youths under 20 years of age.

The Pioneers for the Age of Enlightenment

William Penn (1614-1716) - He is the first leader to prescribe imprisonment as

correctional treatment for major offenders. He is also responsible for the abolition of
death penalty and torture as a form of punishment. He fought for religious freedom and
individual rights.
Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de
Montesiquieu - 1689-1755) - A French historian and philosopher who analyzed law as
an expression of justice. He believed that harsh punishment would weaken morality and
that appealing to moral sentiments as a better means of preventing crime.
Voltaire (Francois Marie Arouet, 1694-1778) - He believes that fear of shame was a
deterrent to crime. He fought the legality-sanctioned practice of torture.
John Howard (1726-1790) - the "Great Prison Reformer" The sheriff of Bedsfordshire
in 1773 who devoted his life and fortune to prison reform. After his findings on English
Prisons, he recommended the following:
 single cells for sleeping;
 segregation of women;
 segregation of youth;
 provision of sanitation facilities; and
 abolition of the fee system by which jailers obtained money from prisoner.
Sir Robert Peel - In 1821, Peel was appointed as home secretary and immediately set
about reforming the criminal code and applying Howard's principles to local prisons.
Cesare Beccaria (Cesare Bonesa, Marchese de Beccaria, 1738 1794) - He wrote an
essay entitled " An Essay on Crimes and Punishment". This book became famous as
the theoretical basis for the great reforms in the field of criminal law. This book also
provided a starting point for the classical school of criminal law and criminology
Jeremy Bentham - (1748-1832) - 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.
 He devises the ultimate Panopticon Prison a prison that consists of a large
circular building containing multi cells around the periphery but it was never built.
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Alexander Macanochie - He is the Superintendent of the penal colony at Norfolk Island

in Australia (1840) who introduced the Mark System. A progressive humane system in
which a prisoner is required to earn a number of marks based on proper department,
labor and study in order to entitle him for ticket for leave or conditional release which is
similar to parole.
Macanochie's Mark System consists of 5 stages:
 Strict custody upon admission to the penal colony
 Work on government gangs
 Limited freedom on the island within a prescribed area
 Ticket of leave
 Full restoration of liberty
Manuel Montesinos - the Director of Prisons in Valencia Spain (1835) who divided the
number of prisoners into companies and appointed certain prisoners as petty officers in
charge, which allowed good behavior to prepare the convict for gradual release.
Domets of France - established an agricultural colony for delinquent boys in 1839
providing housefathers as in charge of these boys.
Sir Evelyn Ruggles Brise - the Director of the English Prison whe opened the Borstal
institution for young offenders. The Borstal Institution is considered as the best reform
institution for young offenders today.
Walter Crofton - he is the director of the Irish Prison in 1854 who introduced the Irish
system that was modifies from the Macanochie's mark system (progressive stage
system or Irish system).
Zebulon Brockway - the Director of the Elmira Reformatory in New York (1876) who
introduced certain innovational programs like the following training school type,
compulsory education of prisoners, casework methods, extensive use of parole,
indeterminate sentence.
The Elmira Reformatory, 1877 - considered as the forerunner of modern penology
because it had all the elements of a modern system such as:
 Training school type
 Compulsory education of prisoners
 Casework methods
 Indeterminate sentence
Jean Jacques Philippe Villai - founded the Maison de Force in Gent, Belgium. He
introduced:
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 felons and misdemeanants should be separated; and

 women and children must have separate quarters
Fred T. Wilkinson - the last warden of Alcatraz Prison.
James Bennet - director of Federal Bureau wrote about the closing of Alcatraz Prison.
It opened in 1934 closed on March 31, 1963 but it was costly on operation Prisons who
When it closed, it has 260 inmates. Alcatraz now, a tourist destination in New York.
Australia - the place which was a penal colony before it became a country. Convicted
criminals in England were transported to Australia, a colony of Great Britain when
transportation was adopted in 1790 to 1875.
Classification Movement - The movement for modern correctional reforms started with
the reorganization of the Federal Prison System in 1930, placing the penal institution of
the United States under the centralized jurisdiction of the Federal Bureau of Prisons.
This movement recruited professionally trained staffs and accentuated the rehabilitation
programs.
California Prison, 1944 - after the second world war, the California Prison system was
reorganized which included the establishment of Reception and Diagnostic Center as a
new type of facility for the study of the prisoners and the preparation of his treatment
and training program in prison.

Two Rival Prison System in the History of Corrections:

 The Auburn Prison System - also known as the "Congregate System". The
prisoners are confined in their own cells during the night and congregate work in
shops during the day. Complete silence was enforced.

 The Pennsylvania Prison System - also known as the "Solitary System".

Prisoners are confined in single cells day and night where they lived, slept, ate
and receive religious instructions. Complete silence was also required. Prisoners
are required to read the bible.

THE GOLDEN ERA OF PENOLOGY

Penology - as a branch of Criminology, which deals with the management, and

administration of offenders.
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The word penology was coined by Dr. Francis Leiber. It simply means the
treatment of criminals.
THE GOLDEN AGE OF PENOLOGY - The period from 1870 to 1880 was considered
the golden age of Penology because of the following significant events:
 The National Prisons Association in 1870 was organized in Cincinnati
 The first International Prison Congress was held in 1872 at London which
established the International Penal and Penitentiary Commission and in 1875, its
Headquarters was established at Hague, the Netherlands
 The Elmira Reformatory was established in New York in 1876
 The first separate institution for women was established in Indiana and
Massachusetts.
Corrections - is that branch of the administration of the criminal justice charged with
the responsibility for the custody, supervision and rehabilitation of the convicted
offender.
Correction is the fourth pillar of the CJS. Considered as the weakest pillar of the
Criminal Justice System

Two forms of Corrections

1) Institutionalized Correction - The rehabilitation of offenders in jail or prison.
2) Community - Based or Non-Institutionalized Corrections - refers to correctional
activities that may take place within the community.
Rehabilitation - is a punishment philosophy, which asserts that through proper
correctional intervention, a criminal can be reformed into a law-abiding citizen.

Purposes of Punishment
 To segregate offenders from society, and
 To rehabilitate him so that upon his returns to the society he shall be responsible
and law-abiding citizen.

Two Legal Grounds for Detaining a Person

 commission of a crime
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 violent insanity or any other ailment that needs compulsory confinement in a

hospital.

The rules on the admission, custody and treatment of inmates:

 seek to promote discipline and to secure the reformation and safe custody of
inmates.
 shall be applied impartially, without discrimination on grounds of race, color, sex,
language, religion or other opinion, national or social origin, property, birth or
other status.
 Shall be enforced with firmness but tempered with understanding

Pre-release Treatment
It is the program specifically designed and given to a prisoner, during a limited
period, prior to his release, in order to give him an opportunity to adjust himself from the
regimented group like in prison to the normal, independent life of a free individual.

COMPREHENSIVE CORRECTIONAL
ADMINISTRATION HANDBOOK WITH
THERAPEUTIC MODALITIES
Renor N. Apela, MAEd, MSCJ, CSP, EORA
Virgil B. Osal, MAEd, MSCJ, CSP
JO1 Mariel C. Lucban