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CORRECTIONS the Reformers CORRECTIONS the reformers Dario F. Guinayen 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. 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. Gaols - (jails) – the description given to pretrial 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 – these are former warships used to house prisoners in the 18th and 19th century. - These were abandoned warships converted into prisons as means of relieving congestion of prisons. They were called as the floating hells. 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 unscathed through dangerous and painful test. Charlemagne (Carolus Magnus)– gave bishops the power to act as real judges which enabled bishop tribunal to rule on secular matters. - King of Franks and Roman Emperor. EARLY CODES: 1. Babylonian and Sumerian Codes Code of King Hammurabi (Hammurabic Code) – Babylon, credited as the oldest code prescribing savage punishment. But in fact, Sumerian codes were nearly 100 years older. 2. Roman and Greek Codes a. Justinian Code – 6th century AD, Emperor Justinian of Rome wrote his code of law. An effort to match a 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. The Twelve Tables (451-450 BC) – represented the earliest codification of Roman law incorporated into the Justinian code. b. 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. 3. The Burgundian Code (500 AD) – it 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. EARLY PRISONS • Mamertine Prison – the only early Roman place of confinement which is built under the main sewer of Rome in 64 B.C. Bridewell (1557) – the most popular workhouse in London which was built for the employment and housing of English prisoners. - used for locking up vagrants, beggars, prostitutes and other misfits Saint Bridget’s Well – England’s first house of correction. Walnut Street Jail – originally constructed as a detention jail in Philadelphia. It was converted into a state prison and became the first American Penitentiary. 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: 1. 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 2. Charles Montesquieu (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 undermine morality and that appealing to moral sentiments as a better means of preventing crime. 3. 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. 4. 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. 5. 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 devise the ultimate Panopticon Prison – a prison that consists of a large circular building containing multi cells around the periphery but it was never built. 6. 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 • abolition of the fee system by which jailers obtained money from prisoner 7. 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 cosnsist of 5 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 8. Manuel Montesimos – 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. • 9. Domets of France – Established an agricultural colony for delinquent boys in 1839 providing housefathers as in charge of these boys. 10. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the Borstal institution for young offenders. Borstal Institution – is considered as the best reform institution for young offenders today. • 11. 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. 12. 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 – considered as the forerunner of modern penology because it had all the elements of a modern system. 13. Jean Jacques Philippe Villain – founded the Maison de Force in Gent, Belgium. He introduced: a. felons and misdemeanants should be separated and b. women and children must have separate quarters 14. Fred T. Wilkinson - the last warden of Alcatraz Prison 15. James Bennet – director of Federal Bureau of Prisons who wrote about the closing of Alcatraz Prison. Alcatraz Prison - opened in 1934, closed on March 31, 1963 but it was costly on operation. When it closed, it has 260 inmates. - 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 Two Rival Prison System in the History of Corrections: 1. 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. 2. 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 CORRECTIONS - The branch of the administration of Criminal Justice charged with the responsibility for the custody, supervision and rehabilitation of convicted offenders. - The fourth pillar of the CJS - Considered as the weakest pillar of the CJS 2 FORMS OF CORRECTIONS 1. INSTITUTIONALIZED CORRECTION - The rehabilitation of offenders in jail or prison. 2. COMMUNITY BASED CORRECTION - Refers to correctional activities that may take place within the community. PURPOSES OF CONFINEMENT: To segregate offenders from society; and To rehabilitate him so that upon his return to the society he shall be responsible and law abiding citizen. 2 legal grounds for detaining a person: 1. commission of a crime 2. violent insanity or any other ailment that needs compulsory confinement in a hospital. Admission Procedures in Prison: 1. receiving; 2. Checking commitment papers; 3. Establishing identity of the prisoner; 4. Searching the prisoner; 5. Assignment to quarters Quarantine Unit or Cell: it is a unit or cell in the prison or jail or a section of the RDC where the prisoners are given thorough physical examination including blood test, x-rays, inoculation and vaccination. Purpose: to insure that the new prisoner is not suffering from any contagious disease which might be transferred to other prisoners. 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. INSTITUTIONAL CUSTODY, SECURITY AND CONTROL Aims of institutional security: 1. To prevent escape; 2. To control entry of contrabands; 3. Maintenance of good order CUSTODY – Defined as the guarding of penal safekeeping. It involves security measures, locking and counting routines, produces for searching prisoners and their living quarters, and prevention of contraband. CONTROL – It involves supervision of prisoners to insure punctual and orderly movement to and from the dormitories, places of work, church, hospitals, and recreational facilities in accordance with the daily schedule.
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