INSTITUTIONAL CORRECTIONS (CA 221)

Compilation of Dr. Jasmin Bayron- Bonggot

UNIVERSITY OF CEBU
COLLEGE OF CRIMINAL JUSTICE

HISTORY OF PENOLOGY/CORRECTIONS

INSTITUTIONAL CORRECTIONS
● Involves the incarceration and rehabilitation of adults and juveniles convicted of
offenses against the law, and the confinement of persons suspected of a crime
awaiting trial and adjudication.

NON- INSITUTIONAL (also known as COMMUNITY BASED CORRECTIONS)

● The aspects of the correctional enterprise that includes “PARDON, PROBATION
& PAROLE activities, correctional administration, not directly connectable to
institutions, and miscellaneous (activities) not directly related to institutional care.

PENOLOGY
● It is the study of punishment for crime or of criminal offenders. It includes the
study of control and prevention of crime through punishment of criminal
offenders. Penology is the Latin word of “POENA” means pain or suffering.

CORRECTIONS
● It is the branch of the Criminal Justice System concerned with the custody,
supervision and rehabilitation of criminal offenders. It is the field of criminal
justice administration, which utilizes the body of knowledge and practices of the
government and the society in general involving the processes of handling
individuals who have been convicted.

PUNISHMENT
● Is the redress that the state takes against an defending member of society that
usually involves pain and suffering. It is also the penalty imposed on an offender
of a crime or wrongdoing.
● Derived from the Latin word “PUNIRE” to inflict pain/punish.

EARLY CODES:

BABYLONIAN & SUMERIAN CODE:

1750 B.C
● the code of Hammurabi is estimated to have been written.

HAMMURABIC CODE
● after the name of King Hammurabi, is viewed by most historians as the first
comprehensive attempt at codifying social interaction. About 1990 B.C credited
as the oldest code prescribing savage punishment.
● As a punishment philosophy, resembles the biblical principle of an “eye for an
eye and tooth for tooth” stated doctrine in Exodus 21:24 and it is according to the
law of retaliation during the time of Moses, but this concept is far older than the
Bible. It appears in Sumerian Codes and in the code of King Hammurabi in
Babylon, compiled over five hundred years before the book of the covenant. So,

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 as early societies develop languages and writing skills they began to record the
laws of their nations.

1860 B.C
● The Sumerian code is also estimated to have been written, Preceded it by about
a century.

SUMERIAN CODE- was those of Kings Lipit-Ishtar and Eshunna.

First discovered in 1901, these laws are currently the earliest known complete set of
codified laws. Once thought to be the earliest laws until the discovery of a portion of
the Code of Lipit-Ishtar (circa 1868 B.C.) in the 1930's. These laws are originally
scripted on an eight meter monolith stone tablet in the Akkadian language. The monolith
is currently part of the Near Eastern Antiquities Collection at the Lourve Museum in
Paris, France. Hammurabi was the King of Babylon from about 1792 B.C. to 1750 B.C.

● This two written codes have an evident principle of Lex Talionis.

● For the punishments under this codes were harsh and based on vengeance in
many cases inflicted by the injured party.
● Both codes also prescribed by the following punishments: mutilation, whipping,
and forced labor as punishment for numerous crimes.

MUTILATION
● Was another type of corporal punishment use in ancient and medieval societies.
Archeological evidence shows that Pharaohs of ancient Egypt, or their
representative often ordered mutilation and it is according to the law of
retaliation.
For example:
Offenses Punishment
Thieves/counterfeiters hand cut-off
Liars & perjurers tongues torn out
Spies eyes gouged out
Sex criminals genitals removed
Blasphemers tongues pierced or cut out
Upper lips cut away

FIOGGING(WHIPPING)
● It has been the most common physical punishment through the ages. The
Mosaic code, for example authorized flogging and the Roman law specified
flogging as a punishment for certain forms of theft. Common in England during
the Middle Ages as chastisement for a wide variety of crimes; the women were
flogged in private, while men were whipped publicly.
The construction of flogging whips from simple leather straps or
willow branches to heavy, complicated instruments designed to inflict a maximum of
pain.

CAT-O’-NINE-TAILS
● Traditional form of whip consisting if nine knotted cords fastened to a wooden
handle. CAT- got its name from the marks it left on the body which were like the
scratches of a cat.

CAT-O’-NINE-TAILS

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 FLOGGING/WHIPPING

RUSSIAN KNOUT
● It is the cruel form of whip their knout was made of leather strips fitted with fish
hook. When the prisoner was whipped, the hooks would dig into the body,
ripping away the proverbial “pound of flesh” with each stroke. A thorough
whipping with the knout could result in death from blood loss. This kind of
punishment survived into the 20th century.

FORCED LABOR
● The early punishments were considered synonymous with slavery, those
punished even had their “heads shave’ indicating the mark of the slave.
● Penal servitude/civil death- extensive use in Roman days penal servitude
means that the offenders property was confiscated in the name of the state and
that his wife was declared a widow, meaning she is eligible to re-marry again. In
society the criminal in effect is “dead”.
Spurred by the need for workers to perform hand labor in the great public
works, working in the mines or galleys or building the public works planned by the
government and went door to door collecting human waste.
Picture of Slave

CRIME & SIN

● Punishment of the individual in the name of the state also included the concept
of superstitious revenge. Crime was entangled with sin and punishment in the
form of wergeld(payment to the victim) or friedensgeld(payment to the state) was
not sufficient. If society believed the crime might have offended a divinity, the
accused had to undergo at a long period of progressively harsher punishment in
order to appease the Gods. The zone between church law and state law became
more and more blurred, and the concept of personal responsibility for one’s act
was combined with the need to “get right with God”. The early code even the Ten
Commandments, were designed to make the offenders punishment acceptable
to both society and God.

ROMAN & GREEK CODES:

6TH CENTURY A.D- Emperor Justinian of Rome

● Wrote his code of laws, one of the most ambitious early efforts to match a
desirable amount of punishment to a possible crime. Roman act of the period
depicts the “scales of justice”. A metaphor demanded that the punishment
should balance the crime. Justinian’s effort, as might be expected, bogged down
in the morass of administrative details that were required to enforce it.

CODE OF JUSTINIAN
● Did not survive the fall of the Roman Empire, but it left the foundation on which
most of the western worlds legal codes were built.

EMPEROR JUSTINIAN

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 ● Was a great preserver of Roman Law who collected all imperial statutes, and he
issued a digest of all writings of Roman jurist, and wrote a revised code and
textbook of students.

CORPUS JURIS CIVILIS

● Became the foundation of law in most of continental Europe.

THE TWELVE TABLES(X11 TABULAE)

Represented the earliest codification of Roman law incorporated into the

Justinian code. It is the foundation of all public and private law of the Romans until the
time of Justinian.

451 B.C
● the Twelve Tables, were issued and the first written laws of Rome, conviction of
same offenses required payment of compensation, but the most frequent penalty
was death among the forms of capital punishment are the following;

Offenses Punishment
Arson Burning
Perjury Throwing from a cliff
Writing insulting songs about citizen Clubbing to death
Stealing others crops Hanging & Decapitation

Other forms of capital punishment in vague in ancient Rome. For killing a close
relative, the offender was subjected to the CULLEUS- the offender was confined in a
sack with an ape, a dog, and a serpent and the sack was thrown into the sea. Vestal
Virgins- who had violated their vows of chastity were buried alive.
As an alternative to execution they might choose exile, offenders who went to
exile lost their citizenships, freedom and immovable property. And if they returned to
Rome, they could be killed by any citizen.

CODE OF DRACO:

621 B.C- DRACO

● Ruler of Greece, drew up a very harsh and cruel code that used corporal
punishment so extensively that it was said to be written not in ink but in blood.
The harsh code of Draco has the same penalties for both citizens and slaves,
incorporating many of the concepts used in primitive societies.

GREEK
Were the first society to allow any citizen to prosecute the offender in the name of
injured party, clearly illustrating that during that period, the public interest and protection
of the social order were becoming more important than individual injury and individual
vengeance.
The earliest remedy for wrongs done to one’s person or property was simply to
retaliate against the wrongdoer. In early primitive societies, personal retaliation was
accepted and even encouraged by the members of the tribal group. This ancient
concept of personal revenge could hardly be considered “LAW”.

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BLOOD FEUD
● The practice of personal retaliation was later augmented by the blood feud, in
which the victim’s family or tribe took revenge on the offender’s family or tribe.
Because this form of retaliation could easily escalate and result in an endless
vendetta between the injured factions, some methods of control had to be
devised to make blood feuds less costly and damaging.

VENGEANCE
● The practice of retaliation usually begins to develop into a system of criminal law
when it becomes customary for the victims of the wrongdoing to accept money
or property in place of blood feud.
The other form of acceptance of vengeance in the form of payment (such as
cattle, food, or personal services), was usually not compulsory, and victims were still
free to take whatever vengeance they wished. The custom of atonement for wrongs by
payments to appease the victim’s family or tribe became known as lex salica(or wergeld
in Europe). It is still effect in many Middle Eastern and far Eastern Countries, with the
amount of payment based on the injured person’s rank and position.

OUTLAWRY OR EXILE
● First punishment imposed by society, and it heralded the beginning of criminal
law as we know it. As tribal leaders, elders and kings came into power they
began to exert their authority on the negotiations. Wrong doers could choose to
stay away from the proceedings this was their right, but if they refused to abide
by the imposed sentenced, they were declared to be outside the law of the tribe
(nation, family) or an outlaw.

MIDDLE AGES:
● The social structure and the growing influence of the church on everyday life
resulted in a divided system of justice.
● Reformation was viewed as a process of religious, not secular, redemption. The
sinner had to pay two debts, one to society and another to God.
● The ordeal was the church’s substitute for a trial.
As the form of proving the guilt or innocent they will use the trials by ordeal it is
the way to determined by subjecting the accused to dungeons or painful test in the
belief that the innocent would emerge unscathed, whereas the guilt would suffer
agonies and die.

Hot iron ordeal

Boiling water ordeal
1215 A.D- these practice was abolished.

THE BURGUNDIAN CODE (500 A.D)

● The code which 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. This code introduced
the concept of restitution whereby an offender had to pay the specified value in
order not to undergo physical sufferings as penalty. An offender who cannot pay
will be subjected to the death penalty.
But this is applied only to the members of the nobility and middle class. Death
penalty awaits slaves who commit murder, assaults on noble or middle class women,

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and sexual relations with noble or middle class women, and giving aid and comfort to
escape offenders among others.

The Secular Laws

4th A.D. – Secular Laws

● were advocated by Christian philosophers who recognizes the need for justice.
Some of the proponents these laws were St. Augustine and St. Thomas Aquinas.
During this period, three laws were distinguished: External Law (Lex External),
Natural Law ( Lex Naturalis), Human Law ( Lex Humana). All these laws are
intended for the common good, but the human only become valid if it does not
conflict with the other two laws.

PRINCIPAL AIMS OF PENOLOGY

● To bring light in ethical barriers of punishment, along with the motives and
purposes of society inflicting it.
● To make comparative study of penal laws and procedures through history
between nations.
● To evaluate the social consequences of the policies enforced at a given time.

FORMS OF PUNISHMENT: ANCIENT TO CONTEMPORARY

Capital punishments
● is death by means of burning at stake, beheading broken on the wheel, garroting
(strangulation by a tightened iron collar), and other forms of medieval executions.

Burning at stake

Burning at stake

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Broken on the wheel Broken on the wheel

Hanging
Corporal punishment
● Are those physical torture by means of mutilation, whipping or flogging, stocks,
furca, stoning, branding.

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 Mutilation flogging/whipping

stoning

PUBLIC HUMILIATION- is the social degradation, in the form of putting the offender
into shame or humiliation like;
● Stocks- held a prisoner in a sitting position with feet and heads locked in a frame.

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 ● Pillory- a prisoner in a standing position with the head and hands locked in place.
Both devices exposed the prisoner to public scorn. And while confined in place,
prisoners were frequently pelted with eggs and rotten fruit. In England they
abolished the pillory during 1834.

Pillory

Pillory

BANISHMENT or EXILE

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 ● Is the sending or putting away of an offender which was carried out either by
prohibition against coming into a specified territory such as an Island to where
the offender has been removed.

TRANSPORTATION AND SLAVERY

● is the other similar forms of punishment like transportation & slavery

EARLY FORMS OF PRISON DISCIPLINE

HARD LABOR
● productive works
DEPRIVATION
● deprivation of everything except the essentials of existence.
MONOTONY
● giving the same food that is “off” diet or requiring the prisoners to perform drab or
boring daily routine.
UNIFORMITY
● “we treat the prisoners alike”, the fault of one is the fault of all.
MASS MOVEMENT
● mass cellblocks, mass eating, mass recreation, mass bathing.
DEGRADATION
● uttering insulting words or languages on the part of prison staff to the prisoners to
degrade or break the confidence of prisoners.
CORPORAL PUNISHMENT
● imposing brutal punishment or employing physical force to intimidate a
delinquent inmate.
ISOLATION or SOLITARY CONFINEMENT
● non-communication, limited news, “the lone wolf”.

CONTEMPORARY FORMS OF PUNISHMENT

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.

PAROLE
● A conditional release of a prisoner after serving part of his or her sentenced in
prison for the purpose of gradually re-introducing him/her to free life under the
guidance and supervision of a parole officer.

PROBATION
● A disposition whereby a defendant after conviction of na offense, the penalty of
which does not exceed six years of imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of a
probation officer.

FINE
● An amount given as a compensation for a criminal act.

DESTIERRO

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 ● The penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25 kilometer perimeter.

HISTORICAL SETTING OF CORRECTION IN THE PHILIPPINES

Most tribal traditions, customs, and practices influenced laws during the
Pre-Spanish Philippines. There were also laws that were written which includes the;
● CODE OF KALANTIAO- (promulgated in 1433).
● MARAGTAS CODE- (Datu Sumakwel)

The most extensive and severe law that prescribes harsh punishment is the
Maragtas code (Datu Sumakwel).

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

December 7, 1889, the “CONQUISTADORES”. The Kodigo Penal (now the
REVISED PENAL CODE) was also also introduced promulgated by the king of
Spain. Basically, these laws adopted the Roman Law principles (Coquia, 1996.)

DEVELOPMENT OF JAILS AND PRISONS

So, some form of detention for offenders, whether temporary or permanent, has
been a social institution from the earliest times.
Offenders were of course detained against their will, but the concept of
imprisonment a s a punishment in itself is a fairly recent one.
Most places of confinement were basically cages. Later, stone quarries and
similar places designed for the purposes were used to house prisoners.
Early European prisons were rarely called prisons. They went by such names as
dungeon tower, and gaol. (from which we get the term jail ).
At the earliest prisons, most places of confinement were basically cages. Later
stone quarries and similar places designed for other purpose were used to house
prisoners.

64th B.C
● The only early Roman place of confinement we know much about is the
Mamertime prison a vast system of primitive dungeons built under the sewer of
Rome.

Mamertime prison

Sanctuary or Asylum
● Followed by the Christian church as the custom of confinement since the time of
Constantine, placing the wrongdoer in seclusion to create an atmosphere
conducive to penitence. And this form of imprisonment was modified into more
formalized places of punishment within the walls of monasteries and abbeys.

1557- BRIDEWELL a WORKHOUSE

● Was created for the employment and housing of London’s “riffraff” and was
based on the work ethic that followed the breakup of feudalism and the increased
movement of the population to urban area.

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 The most popular and first workhouse in England was called Bride well because
it was at St. Bridget’s Well , near the town of black friars. Soon the word Bride well
entered the language as a term for a workhouse.
This kind of workhouse was so successful that by 1576 parliament required the
construction of a Bridewell in every county in England. The same unsettled social
conditions prevailed in Holland, and the Dutch began building workhouses in 1596 that
were soon copied all over Europe. Actually the workhouse was not intended as a penal
institution, but as a place for the training and care for the poor.

The problems with the workhouses;

● They did not “typify” the places of confinement used for minor offenders and the
other prisoners in the 17th and 18th centuries.
● There’s no attempt was made to keep the young from the old, the well from the
sick or even the males from the females.
● No food was provided for those w/out money and sanitary conditions were
usually deplorable.
● Exploitation of inmates by other inmates and jailers resulted in the most vicious
acts of violence.
● Jail fever (typus), w/c was bred in such conditions, spread easily to surrounding
cities and seemed to be the main method of keeping the country’s population
down.

1557 – The most popular and first workhouse in England was called Bride well because
it was at St. Bridget’s Well , near the town of black friars. Soon the word Bride well
entered the language as a term for a workhouse.

During the 18th century are very important, for it was during this period- later
known as the Age of Enlightenment. That some of the most brilliant philosophers of our
history recognized humanities essential dignity and imperfection. The movement for
reform was led by such giants as;

CHARLES LOUIS SECONDAT BARON de la BREDE et de MONTESQUIEU(1689-

1755)
● Montesquieu was a French historian philosopher who analyzed law as an
expression of justice. He believed that hrash punishment would underimed
morality and that appealing to moral sentiment was a better means of preventing
crime.

DENIS DIDEROT (1713- 1784)- was a French encyclopedias and philosophers who
was thrown into prison in 1749 for his work Lettre sur les aveugles (letter on the blind a
strong attack on Orthodox religion). He worked for twenty years on his twenty eight
volume encyclopedia, along with Voltaire, Montesquie, and other great thinkers of the
time. His Encyclopedia became a force in the fight for change in the 18th century.

Cesare, Marquis of Beccaria-Bonesana (March 15, 1738 – November 28, 1794)

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Born March 15, 1738 in Milan
Died November 28, 1794 Florence
Occupation Philosopher and politician
Spouse Teresa di Blasco
Children Giulia
Cesare, Marquis of Beccaria-Bonesana (March 15, 1738 – November 28, 1794)
was an Italian philosopher and politician best known for his treatise On Crimes and
Punishments (1764), which condemned torture and the death penalty, and was a
founding work in the field of penology.

On Crimes and Punishment

Beccaria developed in his treatise a number of innovative and influential

principles:
● The basis of all social action must be the utilitarian conception of the greatest
happiness for the greatest number.
● Crime must be considered an injury to society, and the only rational measure of
crime is the extent of that injury.
● Prevention of crime is more important than punishment for crimes;
● In criminal procedure secret accusations and torture should be abolished. There
should be speedy trials. The accused should be treated humanely before trial
and must have every right and facility to bring forward evidence in his or her
behalf. Turning state’s evidence should be done away with, as it amounts to no
more than the public authorization of treachery.
● The purpose of punishment is to deter persons from the commission of crime and
not to provide social revenge. Not severity, but certainty and swiftness in
punishment best secure this result. Punishment must be sure and swift and
penalties determined strictly in accordance with the social damage wrought by
the crime. Crimes against property should be punished solely by fines or by
imprisonment when the person is unable to pay the fine. Banishment is an
excellent punishment for crimes against the state. There should be no capital
punishment. Life imprisonment is a better deterrent. Capital punishment is

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 irreparable and hence makes no provision for possible mistakes and the
desirability of later rectification.
● Imprisonment should be more widely employed but its mode of application
should be greatly improved through providing better physical quarters and by
separating and classifying the prisoners as to age, sex, and degree of criminality.

VOLTAIRE (FRANCOIS MARIE AROUTE)- 1694- 1778- was the most versatile of the
eighteenth- centuries philosophers, believing that the fear of shame was a deterrent to
crime. He fought the legally sanctioned practice of torture, winning reversals- even after
convicted felons had been executed- on convictions so obtained under the old code. He
was imprisoned in the Bastile in 1726 and release on the condition that he leaves
France.

Voltaire

Name:Jeremy Bentham BirthDate:February15,1748 Death Date:June 6, 1832

Place of Birth:Houndsditch PlaceofDeath:England EnglandNationality:English
Gender:Male Occupations:philosopher,jurist, political theorist

● Was the greatest leader in the reform of English criminal law. He believed that if
punishments were designed to negate whatever pleasure or gain the criminal
derived from crime, the crime rate would go down. He wrote prodigously on all
aspects of criminal justice. Something of a crackpot in his later years, he devised
his ultimate prison: the PANOPTICON. The monostrosity was never constructed,
but debate it slowed progress in English penology.

The Panopticon

The Panopticon

SIR SAMUEL ROMILLY (1757- 1818)

● A follower of Bentham, was an able lawyer and the most effective leader in direct
and persistent agitation for reform of the English criminal code. He pressed for
construction of the first modern English prison, Millbank, in 1816. His prison idea
was taken up by Romilly’s followers, Sir James Mackintosh (1765- 1832) and Sir
Thomas Fowell Buxton (1786- 1845).

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 SIR SAMUEL ROMILLY

SIR ROBERT PEEL (1788- 1850)

● Was the leader in the English legislature for reform of the criminal code, pushing
through programs devised by Bentham, Romilly, and others. He established the
Irish constabulary, called the “PEELERS” after the founder. In 1829, he started
the London Metropolitan Police, known as “Bobbies” also after Sir Robert. He
was active in all phases of Criminal Justice.

JOHN HOWARD (1726- 1790)

● Shocked by the conditions he found in the English prison while he was appointed
and serving as high sheriff of Bedfordshire in 1773, The appointment opened his
eyes to horrors he never dreamed could have existed. He was appalled by the
conditions he found in the HULKS and GAOLS and pressed for legislation to
alleviate some of the abuses and improve sanitary conditions, he devoted his life
and fortune to prison reform. His monumental study, The State of Prisons in
England and Wales (1777), led Parliament to correct many abuses.
● In 1779, Parliament passed the Penitentiary Act, providing four principles for
reform:

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 1. secure and sanitary structures
2. systematic inspection
3. abolition of fees
4. and a reformatory regime
● In 1790 John Howard die in jail fever (typus) in the Russian Ukraine and his
name become synonymous with prison reform and carried his ideas forward to
this day.

John Howard

WILLIAM PENN (1644- 1718)

● An English Quaker, fought for religious freedom and individual rights. In 1681, he
obtained a charter from King Charles II and founded the Quaker settlement of
Pennsylvania.
● William Penn brought to America the concept of more humanitarian treatment of
offenders. The founder of Pennsylvania and leader of the Quakers , the Quakers
movement was the touchstone of penal reform, not only in America but also in
Italy and England through its influence on such advocates as Beccaria and
Howard.
● The “GREAT LAW” of the Quakers has its envisioned for hard labor as a more
effective punishment than death for serious crimes, and capital punishment was
eliminated from the original codes.
● Under the “GREAT LAW” a “house of corrections” was established where most
punishment was meted out in the form of hard labor. This was the first time that
correctional confinement at hard labor was used as a punishment for serious
crimes.
● Ironically after the death of William Penn. The Quaker code of 1682- was in force
until 1718, was immediately repealed in just one day after the death of William
Penn.
● The “GREAT LAW” was replaced by the English ANGELICAN CODE in which
under this code they imposed worse and harsh punishment.

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 William Penn

GAOLS (JAIL)- is used to detain prisoners has a grim and unsavory history.
● Pretrial detention facilities operated by the English sheriffs in England during the
18th century.
● During the 18th century began, and gaol administration was usually left up to the
whim of the gaoler, who was usually under the control of the sheriff.
● Gaols were often used to extort huge fines from those who had the means, by
holding those people indefinitely in pretrial confinement until they gave in and
paid.
● Gaol is the common term of “gaolbird” mean not a happy one.

TRANSPORTATION SYSTEMS
● Deportation to the Colonies and Australia.
● It is the banishment by deportation to a distant location or other colonies by
national court system.
● As economic conditions worsened, the number of impressionable crimes was
increased to the point that the available prisons were filled.
● In 1596 to 1776 in England, the pressure was partially relieved by the
deportation or transportation of male factors to the colonies in America, but they
said transportation in America was brought to an halt in abrupt halt in 1776 by
the Revolution.
● But in England still they needed somewhere to send the criminals overloading its
crowded institution.
● Captain James Cook had discovered the Australia in 1770 and soon the system
of transportation was transferred in Australia.
● The ships in which felons were transported have been described as “floating
hells” the conditions below decks were worse than those of the gaols and many
died on the long voyages.

HULKS
● From 1776 until 1875 even with the limited transportation to Australia, the
increased prisoner loads wreaked havoc in England’s few available facilities. The
immediate solution to that problem created one of the most odious episodes in
the history of penology and corrections: the use of old “hulks” abandoned or
unusable transport ships anchored in rivers and harbors throughout the British

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 Isles, to confine criminals offenders. The brutal and degrading conditions found in
the gaols, houses of correction, and workhouses paled in comparison with the
conditions found in those fitted and rotting human garbage dumps.
● There’s no attempt to segregate young from the old, hardened criminals from
poor misdemeanants, or even men from women.
● Brutal flogging and degrading labor soon bred moral degenerations in both
inmates and keepers. The hulks were originally intended only as a temporary
solution to a problem, but they were completely abandoned until 1858, eighty
years later.

hulks
● Decrepit transport or former warships used to house prisoners in 18th century.
THE MAISON DE FORCE AT GHENT AND THE HOSPICE OF SAN MICHELE
● 1596- Predecessors of the Belgian workhouses were those in neighboring
Amsterdam, was constructed. Most were intended to make a profit, not to
exemplify humanitarian ideals, and were seen as a place to put rogues and
able-bodied beggars to work.
● The work houses were modelled after the Bridewell institution in England and
followed a similar pattern of hard work and cruel punishment.
● In 18th century Belgium. Too was faced with increasing numbers of beggars and
vagrants.
● The government called on administrator and disciplinarian JEAN JACQUES
VILAIN for help.
● His solution the Maison De Force (stronghouse) built in Ghent during the year
1773 – followed the basic workhouses pattern established in Holland and
England, but in many respects it was far more just and humane. Vilain’s efforts at
improving the administration of the workhouse earned an honored place in penal
history.
● He was one of the first to develop a system of;
1. classification to separate women and children from hardened criminals.
felons from minor offenders.
2. although he was a stern disciplinarian, he was opposed to life
imprisonment or cruel punishment.
3. An he defined discipline by the biblical rul, “if any man will not work,
neither let him eat”.
4. Vilain’s use of individual cells and a system of silence while working
resembled the procedures observed at the Hospice of San Michele in
Rome. His far-reaching concepts of fair and just treatment, when viewed
against the backdrop of that Era, mark Vilain as a true visionary in the
correctional field.
● While, the Hospice of San Michele was built in 1704 by Pope Clement XI.
● The Hospice of San Michele was designed for incorrigible boys and youths under
twenty. As such it is recognized as one of the first institution to handle juvenile
offenders exclusively.
● The rule of strict silence was enforced through the flogging of violators .
● The use of separate cells for sleeping and a large central hall for working
became the model for penal institutions in the 19th century. The Hospice of San
Michele is still used today as a reformatory for delinquent boys.

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 JEAN JACQUES VILAIN

BENJAMIN FRANKLIN (1706- 1790)

● Founded the American Philosophical Society in Philadelphia in 1743. He serve
as Pennsylvania’s appointed agent to England and as a member of the second
Continental Congress (1777) to draft the Declaration of Independence, which he
signed. He was plenipotentiary to France and negotiated to obtain that country’s
help in the Revolution. He was also a state man, scientist, and philosopher.

BENJAMIN FRANKLIN (1706- 1790)

BENJAMIN RUSH (1745- 1813)

● physician and political leader, was a member of both Continental Congress
(1776, 1777) and a signer of the Declaration of Independence. He established
the first free dispensary in the United States (1786) and was an advocate of
prison reform and humane treatment.

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 BENJAMIN RUSH (1745- 1813)

WILLIAM BRADFORD (1721- 1791)

● The “Patriot Printer of 1776”, was one of the early advocates of a Continental
Congress. He was a member of the Sons of Liberty, a political rival of Benjamin
Franklin, and an active reformer of the harsh British codes. As a major in the
army, he became a hero of the Revolution.

WILLIAM BRADFORD (1721- 1791)

THE WALNUT STREET JAIL

● One of the earliest American attempts to operate a state prison for felons was
located in an abandoned copper mine in Simsbury, Connecticut. In 1773 this
underground prison began in operation and quickly became the site of America’s
prison.
● Underground mine shaft prisons constituted one of several American attempts to
provide a special place in which to house and work convicted felons. So The
establishment of such a special facility was finally accomplished in Pennsylvania
in 1790.

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 ● 1790- the year the first penitentiary in America, the prototype of the modern
prison system, was born in the same city that spawned the fledging United States
as a nation. Philadelphia, Pennsylvania, by the help of the Quakers the home of
the Walnut Street Jail was created and it is the first true correctional institution in
America.

1798- A fire destroyed the workshops the destruction brought about disillusionment and
idleness. Rising costs crippled the jails budget.

March 27, 1820- the prisoners rioted

October 5, 1835 – The Walnut Street Jail closed

● Stated prisoners were transferred to the New Eastern State Penitentiary in
Philadelphia, the first institution of its kind in the World.

The first jail in America was built the Walnut Street Jail in Philadelphia.

PENNSYLVANIA SYSTEM
● The system of prison discipline developed at the Walnut Street Jail became
known as the “Pennsylvania System”.
● Pennsylvania System was developed through the ideas and efforts of such
reformers as Benjamin Franklin and Benjamin Rush, building on the
humanitarian ideals of Howard, Bentham, Beccaria and Montesquieu. William
Bradford who drafted the codes that implemented the system, praised the
European reformers in the State Legislature.
● The sytems of prison called “Solitary System” or “Solitary Confinement” without
work. Prisoners are confined in single cells day and night where they lived, they
slept, and they ate and receive religious instructions. Complete Silence was also
enforced. They are required to read the Bible. It was assumed that this method
would result in quicker reformations. Offenders could reflect on their crimes all
day and would soon repent so that they might rejoin humanity.

WESTERN PENITENTIARY
● During the year 1826, the Western Penitentiary was built it is based on the
cellular isolation wing of the Walnut Street Jail. Essentially, the Western
Penitentiary amounted to a poor imitation of Betham’s PANOPTICON, an
octagonal monstrosity that originally provided for solitary confinement and no
labor.
● 1829- the legislature amended the program, maintaining solitary confinement but
adding the provision that inmates perform some labor in their cell
● 1833- the small, dark cells were torn down, and larger outside cells were built.
The efforts influenced the development of the Eastern Penitentiary, located in
Philadelphia.

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 Western Penitentiary

EASTERN PENITENTIARY
● Became the model and primary exponent of the Pennsylvania or “separate
system”. This prison was built somewhat like a square wheel, with the cell blocks
arranged like spokes around the hub, or central rotunda. The routine at
Eastern-solitary confinement, silence, and labor in “outside” cells- clearly
stressed the separation of each inmate from the others.

Eastern Penitentiary.

THE AUBURN SYSTEM

● The New York State Prison at Auburn was opened during 1819. The building
itself was based on a new “inside” cell design and the cells were small it is
designed just for sleeping, not for work. A new style of discipline was inaugurated
at Auburn that became known as the Auburn or “Congregate System”.
● The prison system called the “Congregate System”. Auburn experiment the use
of solitary confinement as a means of punishment within the prison. The
discipline regimen at Auburn also included congregate work in the shops during
the day, separation of prisoners into small individual cells at night , complete
silence was enforced at all times, lockstep marching formations, and a

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 congregate mess at which the prisoners sat face-to-back. The purpose that
silence must be enforced in the belief that verbal exchange between prisoners
was contaminating, conversation was prevented by liberal use of the whip.
● The Auburn system became the pattern for over thirty prisons in the next half
century.

New York State Prison at Auburn

SING SING PRISON IN NEW YORK

● during the year 1825 Sing Sing prison followed the Auburn pattern.

Ruins of 1825 Cellblock, Sing Sing Prison, Ossining, New York

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ELAM LYNDS
● warden of the Auburn and later of Sing Sing (which he built), was one of the
most influential persons in the development of early prison discipline in America.
He is described as having been a strict disciplinarian who believe that all convicts
were cowards who could not be reformed until their spirit was broken. To this end
he devised a system of brutal punishments and degrading procedures, many of
which remained as accepted practice until very recent times.
● The imposition of silence was seen as the most important part of the discipline
program. The rule of absolute silence and non-communication was maintained
and enforce by the immediate use of the lash for the slightest infraction.
● Flogging was advocated by Lynds as the most effective way to maintain order.
He sometimes used a “cat” made of wires strands.
● The methods used to prevent conversation or communication during after meals
were also humiliating; prisoners were required to sit face-to-back. They were
given their meager and usually bland and unsavory, meal to eat in silence. If
they wanted more food, they would raise one hand; if they had too much they
raised the other. Any infraction of the rule of silence resulted in a flogging and
the loss of a meal.

Elam Lynds1825-1828

PRISON STRIPES
● A development of the various forms of attire to degrade and identify prisoners.
Wide alternating black-and-white horizontal bonds were placed on the
loose-fitting heavy cotton garments. Stripes were still in use in the South as late
as the 1940’s and 1950’s. They have been generally replaced in most security
prisons by blue denims or whites.
● Early prisoners were allowed to wear the same clothing as the free society did.
● Auburn and Sing Sing prisons different colors were used for the first time
offenders and for repeaters
● The famous “prisons stripes” came into being during the year 1815 in New York.

LOCKSTEP
● Prisoners were required to line up in close formation with their hands on the
shoulders or under the arms of the prisoner in front. The line moved rapidly
toward its destination as the prisoners shuffled their feet in unison without lifting
them from the ground. Because this non-stop shuffle was “encouraged” by the
use of the lash, any prisoner who fell out of lockstep risked a broken ankle or

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 other serious injury from the steadily objectionable and was punished viciously.
The methods used to prevent conversation or communication during after meals
were also humiliating, prisoners were required to sit face-to-back. They were
given their meager and usuaally bland and unsavory, meal to eat in silence.

Lockstep

Lockstep

MACONOCHIE AND CROFTON: A NEW APPROACH

● The reformatory system in America owes a great deal to the work of an
Englishman, Captain Alexander Maconochie and an Irishman, Sir Walter
Crofton. Together they laid the foundation for reformative rather than purely
punitive programs for the treatment of criminals.

MACONOCHIE AND THE INDTERMINATE SENTENCE

● In 1840, CAPTAIN MACONOCHIE was put in charge of the British penal colony
on Norfolk Island, about a thousand miles off the coast of Australia. To this island
were sent the criminals who were “twice condemned” they had been shipped to
Australia from England and then from Australia to Norfolk. Conditions were so
bad at Norfolk that men reprieved from the death penalty wept. That was the
kind of Alexander Maconochie inherited.

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 ● The first thing that Alexander Maconochie did was to eliminate the flat sentence,
a system that had allowed no hope of release until the full time had been served.
Then he developed a MARK SYSTEM- whereby a convict could earn freedom
by hard work and good behavior. This put the burden of release on the convict.
As Maconochie said, “when a man keeps the key of his own prison, he is soon
persuaded to fit it into the lock”

The system had five principles:

● Release should not be based on the completing of a sentence for a set period of
time, but on the completion of a determined and specified quantity of labor. In
brief, time sentences should be abolished, and tasked sentences substituted.
● The quantity of labor a prisoner must perform should be expressed in a number
of “marks” which he must earn, by improvement of conduct, frugality of living, and
habits of industry, before he can be released.
● While in prison he should earn everything he receives. All sustenance and
indulgences should be added to his debt of marks.
● When qualified by discipline to do so, he should work in association with a small
number of other prisoners, forming a group of six or seven, and the whole group
should be answerable for the conduct and labor of each member.
● In the final stage, a prisoner, while still obliged to earn his daily tally of marks,
should be given a propriety interest in his own labor and be subjected to a less
rigorous discipline, to prepare him for release into society.
But sad to say the fact that Maconochie’s visionary toward rehabilitation were not
appreciated or supported by the unenlightened bureaucrats above him. His results thus
were disclaimed, and the colony fell back into its former brutalized routine almost as he
left it.

CROFTON AND THE IRISH SYSTEM

SIR WALTER CROFTON of Ireland
● used that concept in developing what he called the “indeterminate system”,
which came to be known as the “IRISH SYSTEM”. He reasoned that if
penitentiaries are places where offenders could think about their crimes and can
decide to stop their criminal misbehavior (“repent”), then there must be a
mechanism to determine that this decision has in fact been made, as well as a
mechanism for getting the inmate out when penitence has been done. The
indeterminate sentence was believed to be the best mechanism.

Crofton devised a series of stages, each bringing the convict closer to the free
society;
● The first stage was composed of solitary confinement and monotonous of work
● The second stage was assignment to public works and a progression through
various grades, each grade shortening the length of stay.
● The last stage was assignment to an intermediate prison where the prisoner
worked without supervision and moved in and out of the free country. If the
prisoner’s conduct continued to be good and if he or she were able to find
employment then the offender returned to the community on a conditional
pardon or “ticket to leave”.

Ticket to leave
● This ticket could be revoked at any time within the span of the original fixed
sentence if the prisoner’s conduct was not up to standards established by those
who supervised the conditional pardon. Crofton’s plan was the first effort to

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 establish a system of conditional liberty in the community, the system we know
today as Parole.

Reformatory (1876)
● the first reformatory in America, built in ELMIRA, New York.

Zebulon Brockway
● The first Superintendent of the Elmira Reformatory in New York who introduced
certain innovational programs like the following training school type, compulsory
education of prisoners, casework methods, extensive use of parole, in determine
sentence ELMIRA was originally built for adult felons, but it was used instead for
youths from sixteen to thirty years of age who were serving their first term in
prison. The Elmira Reformatory is considered forerunner of modern penology
because it had all the elements of a modern system.

Zebulon Brockway (1827- 1920)

● along with Enoch C. Wines and Franklin Benjamin Sanborn, was the third
member of the “big three’ of penology in 1870. He served on many commissions
to improve prisons and even founded the U.S Army Disciplinary Barracks at Fort
Leavenworth. Later, he was the first superintendent at the Elmira Reformatory,
where he used military organization and discipline to govern the prisoners. His
book Fifty Years of Prison Service (1912) is a classic.

Zebulon Brockway (1827- 1920)

Sanford Bates (1884- 1972)

● a legendary figure in American corrections, was president of the American
Correctional Association in 1926. He became the first superintendent of federal
prisons in 1929 and the first director of the United States Bureau of Prisons in
1930. In 1937 he became the executive director of the Boys’ Clubs of America.
Later he served as commissioner of the New York State Board of Parole and
Commissioner of the New Jersey Department of Institutions and Agencies. He
was also an active consultant and writer.
● Sanford Bates introduced procedures into the U.S Bureau of Prison in 1934.

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 ● This U.S Bureau of Prisons gradually emerged as the national leader in
corrections, introducing many new concepts that have been copied by states
system.
● Two major contributions were diagnosis and classification and the use of
professional personnel such as psychiatrists and psychologists to help
rehabilitate inmates.
● The federal system also led the way to more humane treatment and better living
conditions.

Sanford Bates (1884- 1972)

J. Edgar Hoover
● Director of the Federal Bureau of Investigation (FBI)
● His war on crime helped give the world the super maximum prison, Alcatraz.
Located in the Island in San Francisco bay, Alcatraz was constructed to house
the hardest criminals in America. When it was built in 1934, it was seen as the
answer to the outrages of such desperate criminals.

1963
● Alcatraz was closed.

Alcatraz

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Alcatraz
● Starting in 1859, this twelve-acre island in San Francisco Bay was the site of an
army disciplinary barracks, which was replaced in 1909 by a military prison, In
1934 the military prison was converted to a federal prison that was considered
virtually escape-proof. It was closed in 1963. it is now a National Park that
receives thousands of visitors each year.

J. Edgar Hoover

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.

Domets of France – established an agricultural colony for delinquent boys in 1839

providing housefathers as in charge of these boys.

Sir Evelyn Ruggies Brise – The director of the English Prison who opened the Borstal
institution for young offenders. The Borstal Institution is considered as the best reform
institution for young offenders today.

JUSTIFICATION FOR PUNISHMENT

Retribution – Based on the concept of revenge. Offenders should be punished

because they deserve it.

Expiation or Atonement –Punishment in the form of group vengeance is necessary to

appease the offended feelings.

Deterrence or Exemplarity – Punishment gives lesson to the offender and to others of

the consequences of crime.

Incapacitation or Protection – The public will be protected if the offender is held in

conditions where he cannot harm others.

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Reformation or Rehabilitation – Society’s interest can be better served by helping the
prisoner become a law abiding and productive citizen upon his return to the community.

What is PENALTY?
Penalty is defined as the suffering inflicted by the state against an offending member for
transgression of law.
Juridical Conditions of Penalty
Punishment must be:
1. Productive of suffering – without however affecting the integrity of the 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 punished, no proxy.
4. Legal- the consequence must be in accordance with the law.
5. Equal- equal for all persons.
6. Certain- no one must escape its effects
7. Correctional- changes the attitude of offenders and become law-abiding citizens.

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

What is a PRISON?
It is penitentiary, an institution for the imprisonment (incarceration) of persons
convicted of major/serious crimes.
A building, usually with cells, or other places established for the purpose of taking
safe custody or confinement of criminals.
A place of confinement for those for those charged with or convicted of offenses
against the laws of the land.

Who is a PRISONER?
A prisoner is a person who is under the custody of lawful authority. A person who
by reason of his criminal sentence or by a decision issued by a court, may be deprived
of his liberty or freedom.
A prisoner is any person detained/ confined in jail or prison for the commission of
a criminal offense or convicted and serving in a penal institution.

General Classification of Prisoners

1. Detention Prisoner- those detained for investigation, preliminary hearing or awaiting
trial. A detainee in a look up jail. They are prisoners under the jurisdiction of Courts.
2. Sentenced Prisoners – offenders who are committed to the jail or prison in order to
serve their sentence after final conviction by competent courts. They are prisoners
under the jurisdiction of penal institutions.

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3. Prisoners who are on safekeeping- includes non-criminal offenders who are detained
in order to protect the community against their harmful behavior. Ex. Mentally
deranged individuals, insane person.

Classification of Sentenced Prisoners:

1. Insular or National Prisoners –those sentenced to suffer a term of sentence of 3
years and 1 day to life imprisonment. Those sentenced to suffer a term of
imprisonment cited above but appealed the judgment and unable to file a bond
for their temporary liberty.
2. Provincial Prisoners – those persons sentenced to suffer a term of imprisonment from
6 months and 1 day to 3 years of a fine not more than 1,000 pesos, or both; or
those detained therein waiting for preliminary investigation of their cases
cognizable by the RTC.
3. City Prisoners – those sentenced to suffer a term of imprisonment form 1 day to 3
years or a fine of not more than 1,000 pesos or both. Those detained therein
whose cases are filed with the MTC. Those detained therein whose cases are
cognizable by the RTC and under Preliminary investigation.
4. Municipal Prisoners – those confined in Municipal jails to serve an imprisonment from
1day to 6 months. Those detained therein whose trials of their cases pending
with the MTC.

Classification of Prisoners

According to Degree of Security:

● A special group of prisoners composed of incorrigible, attractable, and highly
dangerous persons who are the source of constant disturbances even in
maximum-security prison. They rear orange color of uniform.

Maximum Security Prisoners

● It is the group of prisoners whose escape could be dangerous in the public or to
the security of the state. It consists of constant troublemakers but not as
dangerous as the super maximum-security prisoners. Their movements are
restricted and they are not allowed to work outside the institution but rather
assigned to industrial shops with in the prison compound. They are confined at
the Maximum Security Prison (NBP Main Building), they wear orange color of
uniform. Prisoners includes those sentence ed to serve sentence 20 years or
more, or those whose sentenced are under the review of the Supreme Court.
And offenders who are criminally insane having severe personality or emotional
disorders that make them dangerous to fellow offenders or staff members.

Medium Security Prisoners

● Those who cannot be trusted in open conditions and pose lesser danger than
maximum-security prisoners in case they escape. It consists of groups of
prisoners who maybe allowed working outside the fence or walls of the penal
institution under guards or with escorts. They occupy the Medium Security Prison
Camp Sampaguita) and they wear blue color of uniforms. Generally, they are
employed as agricultural workers. It includes prisoners whose minimum sentence
is less than 20 years and life-sentenced prisoners who served at least 10 years
inside a maximum-security prison.

Minimum Security Prisoners

● It is a group of prisoners who can be reasonably trusted to serve sentence under
“open conditions”. This group includes prisoners who can be trusted to report to

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 their work assignments without the presence of guard. They occupy the
Maximum Security Prison (Camp Bukang Liwayway) and wear brown color
uniforms.

What is a JAIL?
● It is a place for locking –up of persons who are convicted of minor offenses or
felonies who are to serve a short sentences imposed upon them by a competent
court, or for confinement of persons who are awaiting trial or investigation of their
cases.

Types of Jails
1. Lock-up Jails – is a security facility, common to police stations, used for temporary
confinement of an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal
offender to serve sentence less than three years.
3. Workhouses, Jail Farms or Camp – a facility that houses minimum custody offenders
who are serving short sentences or those who are undergoing constructive work
programs. It provides full employment of prisoners, remedial services and
constructive leisure time activities.

PHILIPPINE PRISON SYSTEM

The Bureau of Corrections

● Bureau of Prisons was renamed Bureau of corrections under executive Order
292 passed during the Aquino Administration. It states that the head of the
bureau of Corrections is the Director of Prisons who is appointed by the
President of the Philippines with the confirmation of the Commission of
Appointments.
THE Bureau of Corrections has general supervision and control of all national
prisons or penitentiaries. It is charged with the safekeeping of all insular Prisoners
confined therein or committed to the custody of the Bureau.

Coverage of the bureau of Corrections

● National Bilibid Prisons ( Muntinlupa, Rizal)
● New Bilibid Prisons (Main Building)
● Camp Sampaguita
● Camp Bukang Liwayway
● Reception and Diagnostic Center (RDC)
● Correctional institution for Women ( Mandaluyong)

The Penal Colonies:

● Sablayan Penal Colony and Farm ( Occ. Mindoro)
● Iwahig Penal Colony and Farm ( Palawan)
● Davao Penal Colony and Farm ( Central Davao)
● San Ramon Penal Colony and Farm ( Zamboanga)
● Ilo-ilo Penal Colony and Farm (Ilo-Ilo Province)
● Leyte Regional Prison ( Abuyog Leyte)

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