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COMPILATIONS IN CORRECTIONAL ADMIN
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COMPILATIONS IN CORRECTIONAL ADMIN
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RKMFILES CENTER FORCOMPREHENSIVE STUDIES
Room 309, 3rd Floor A-Building, Main AUF Campus, Angeles University Foundation
Email: rkmfiles@yahoo.com Website: www.rkmfiles.net CP: 09088849680
REVIEW NOTES IN
CORRECTIONAL
ADMINISTRATION
INSTITUTIONAL CORRECTION
NON-INSTITUTIONAL CORRECTION
OTHER LAWS RELATED TO PRISONERS
Compiled by:
Lucia M. Hipolito
Rommel K. Manwong
Alfie P. Sarmiento
www.rkmfiles.net 1
, CORRECTIONAL ADMINSITRATION
NATURE AND TRENDS OF PUNISHMENT
Punishment is a means of social control. It is a device to cause people to become
cohesive and to induce conformity. People believe that punishment is effective as a means of
social control but this belief is doubtful. There is no question, however, that some forms of
punishment are more effective in one society than in another. For example punishment in a small
well ordered community, where people practically know everybody, is more effective in inducing
conformity than in a highly mobile metropolitan city.
The general concept of punishment is that it is infliction of some sort of pain on the
offender for violating the law. This definition is not complete in the sense that it does not mention
the condition under which punishment is administered or applied. 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.
Punishment is restricted to such suffering as is inflicted upon the offender in a definite way
by, or in the name of, the society of which he is a permanent member. Punishment must be
intended and not accidental, to produce some sort of justified suffering on the offender. It is
essential that the offender should be forcibly made to suffer and that society is justified in making
him suffer. Punishment is a form of disapproval for certain behaviors that is followed by imposing a
penalty. Punishment makes the offender stigmatized and penalized. The offender may or may not
actually suffer, under the intentional application of punishment, depending on the circumstances it
is applied and the toughness of the individual offender.
Forms of Punishment
The forms of punishment in primitive society were:
1. Death penalty
2. Corporal punishment
3. Public humiliation and shaming
4. Banishment.
Death penalty was carried out by
1. hanging
2. burning
3. immersing in boiling oil
4. feeding to wild animals
5. other barbaric ways.
Corporal punishment was inflicted the offender by
1. Flogging
2. Mutilation
3. Disfiguration
4. Maiming.
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, Public humiliation and shaming were effected by
1. the use of stocks and pillery
2. docking stool
3. branding
4. shaving off the hair, etc.
Justifications of Punishment
The theories or justifications or punishment vary from one stage of civilization to another.
The most common justifications of punishment are retribution, expiation or atonement, deterrence,
protection and reformation.
Retribution
In primitive days punishment of the transgressor was carried out in the form of personal
vengeance. Since there were no written laws and no courts, the victim of a crime was allowed to
obtain his redress in the way he saw fit. Oftentimes, the retaliatory act resulted to infliction of
greater injury or loss than the original crime, so that the latter victim was perforce afforded his
revere. Punishment therefore became unending vendetta between the offender and the victim.
Later, an attempt was made to limit the retaliation to the degree of injury inflicted, thus the
philosophy of “an eye for an eye” evolved. During this period nearly all offenses that are now
included in criminal codes as public crimes, were considered private offenses for which the victims
were allowed their redress through personal vengeance.
There were a few offenses, however, which were regarded as crimes committed against
the native gods. People being then superstitious, believed that any catastrophe that befell the
group was a retaliation of an offended god. In order to appease the offended god, the social group
or clan demanded that the supposed offended be banished or put to death. Witchcraft was
considered a public crime and person suspected of being a witch was tortured, banished or put to
death.
Expiation or Atonement
This theory or justification of punishment was also advocated during the pre-historic days.
A sort of common understanding and sympathetic feeling developed in the group. An offense
committed by a member against another member of the same clan or group aroused the
condemnation of the whole group against the offending member.
The group would therefore demand that the offender be punished. When punishment is
exacted visibly or publicly for the purpose of appeasing the social group, the element of expiation is
present. Expiation is therefore, group vengeance as distinguish from retribution which is personal
vengeance. Punishing the offender gives the community a sense of its moral superiority, an
assurance that virtue is rewarded after all. Hostile action against the offender brings about
cohesiveness in society. Corporal punishment in most modern countries has been abolished and
the application of punishment has tended to be withdrawn from the public eye. Some segments of
society, however, still cling to the belief wrong doing or in order that punishment be punishment.
www.rkmfiles.net 3
, Deterrence
It is commonly believed that punishment gives a lesson to the offender; that it shows
other what would happen if they violate the law; and that punishment holds crime in check. This is
the essence of deterrence as a justification for punishment.
Cesare Beccaria, an exponent of the Classical School of Criminology and whose writings
at the end of the 18th century renovated the punitive justice system of Europe, contended that the
intent of punishment should not be to torture the criminal or to undo the crime (expiation) but to
“prevent others from committing a like offense”. He advocated the theory that “a punishment should
have only that degree of severity which is sufficient to deter others. It is doubtful if punishment is as
the proponents think. In one New England state during the 18th Century, theft was punishable by
whipping the offender in the public plaza. The purpose of whipping the thief within the public view
was to deter others from committing the same offense. Public whipping, however, did not diminish
the incidence of the theft in that state.
In England during the 18th century, pick pocketing was one of fifty offenses punishable by
hanging. The offender was hanged on a Sunday afternoon in order to draw the largest number of
spectators. The hanging would be preceded by a brass band playing in the morning until in the
afternoon. On this occasion, thousands of spectators would mill their way in the crowd to obtain
better view of the victim at the condemned man was executed. On this same occasion professional
pick pocketers were busy plying their trade in the crowd. The multitude that came to view the
hanging were there to see how the offenders withstood their fate, how callous they were, and how
they would react to the jeers and chastisement of the crowd. In some instances punishment
undoubtedly has a deterring effect. For the great mass of infractions of the law, however, the fear
of punishment does not enter into the causation.
The conception of deterrence presumes that the person thinks before he acts and that all
he has to do is to think of the consequences and then he will be deterred. Actually this is not so
because offenders commit crimes without the fear of punishment uppermost in their minds. There
are certain types of offenders who could not be deterred by the fear of punishment, namely, the
behavior of the moment type involved in crimes of anger and passion; and the type of offender
whose antisocial behavior is connected with his personality pattern and is part of his approach to
life as exemplified by the psychopathic offender and the neurotic offender.
There is no doubt, however, that some types of offenders, particularly first offenders, can
be stigmatized by the lightest form of punishment. To others more inured in crime; going in and out
of penal institutions does not deter.
Protection
Protection as a justification of punishment came after prisons, were fully established.
People believe that by putting the offender in prison, society is protected from his further criminal
depredation. If this were so, vicious and society is protected from his further criminal depredation. If
this were so, vicious and dangerous criminals should be made to serve long terms of
imprisonment. Recidivism and habitual delinquency laws are expected to attain this end.
www.rkmfiles.net 4
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