CHAPTER ONE

BASES OF CORRECTIONAL ADMINISTRATION

Any administrative or management position in prison or jail is likely to be very

challenging and frustrating. Prisons and jails are cost-effective complex
organizations that have to operate in manner with a greatly outnumbered staff
and an endless stream of violent and dangerous inmates. To succeed, . prison or
jail administration must have clear-cut policies and procedures, crystal-clear lines
of communication that transmit unequivocal expectations, access to budgetary
resources, a fair and efficient inmate disciplinary process, and most of all, the
ability to recruit, hire, train, and retain good, quality staff. The staffing function is
perhaps the most important because staff can undermine all the other functions

Concepts of Correctional Administration

Correctional administration is the organization and management of the delivery

system that brings the basic necessities and treatment programs of the
correctional institutions or agencies to the correctional client (Vernon Fox).

Correctional administration also refers to the processes of managing the social,

political, and economic forces, pressures, and influences which are external to the
correctional organization, yet which impinge on or affect the internal operations
of the organization, as the process of managing.

Foundation of Correctional Administration

Penology 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. It is a term derived from the Latin word "poena" which means pain or
suffering

Penology is also otherwise known as Penal Science. It is actually a division of

criminology that deals with prison management and the treatment of offenders,
and concerned itself with the philosophy and practice of society in its effort to
repress criminal activities.
Models of Correctional Administration

1. Responsibility Model - stresses prisoners' responsibility for their own actions,

not administrative control to assure prescribed behavior. Proper classification of
inmates, according to this model, permits placing prisoners in the least restrictive
prison consistent with security, safety, and humane confinement. Prisoners
should be given a significant degree of freedom and then held to account for their
actions.

2. Custodial Model - this model is based on the assumption that prisoners have
been incarcerated for the protection of society and for the purpose of
incapacitation, deterrence and retribution. It emphasizes maintenance and
security and order through the subordination of the prisoner to the authority of
the warden. Discipline is strictly applied and most aspect of behavior is regulated.

3. Control Model - emphasizes obedience, work and education on prisoner

4. Rehabilitation Model - in this model, security and housekeeping activities are

viewed primarily as a framework for rehabilitative efforts Professional treatment
specialist enjoys a higher status than other employees, in accordance with the
idea that all aspect of prison management should be directed towards
rehabilitation

5. Reintegration Model - is linked to the structures and goals of community

corrections

but has direct impact on prison operations. Although an offender is confined in

prison, that experience is pointed toward reintegration into society. This kind of
treatment gradually give inmates greater freedom and responsibility during their
confinement and move them into a halfway house, work release programs, or
community correctional center before releasing them to supervision. Consistent
with the perspective of community corrections, this model is based on the
assumption that it is important for the offender to maintain or develop ties with
the free society. The entire focus of this approach is on the resumption of a
normal life.
6, Total Institution Model - is one that completely encapsulates the lives of the
people who work and live inside the jail or prison. A prison must be such an
institution in the sense that whatever prisoners do or do not do begins and ends
there; every minute behind bars must be lived in accordance with the rules as
enforced by the staff. Adding to to the the totality the prison is a basic split
between large groups of inmates.

7. Penitentiary model - applies two systems namely, the separate and the
congregate. The separate system used solitary confinement and manual labor in
which the prisoners were kept separate from one another as well as from the
outside world. The congregate system is one in which the prisoners slept in
solitary cells, worked together complete silence but is observed. They are united
but no moral tconnection exists among them. They see without knowing each
other. They are in a society without mental intercourse because there was no
communication and hence no interaction The penitentiary was practice as a
custodial institution. It demanded absolute obedience from criminals who have
never learned to respect limits, follow rules, or put in an honest day's work and
who, moreover, were the filthy elements of the society.

8. Progressive Model - The New York's famous Elmira Reformatory is described as

the original model from which progressive penology evolved. It was praised as a
humanitarian "hospital" or "college on the hil!", the model developed a
newliberating reformatory and produced a kind of scientific penitentiary.

Penal Management Strategies

There are several possible approaches that prison administrators may take to deal
with prison management. Each of the following approach or strategy has
economic, social and political costs, and of time for amount entails a different
each implementation and impact.

1. Null Strategy - proponent of this say that nothing should be done, that prisons
should be allowed to become increasingly congested and staff should remain to
maintain them with the assumption that the problem is temporary and will
disappear in time. This, of course, may be the most politically acceptable
approach in the short run. In the long run, however, the approach may lead to
riots as prisoners take control of their situation and staff members become
demoralized. It may ultimately result in the courts declaring the facilities
unconstitutional and taking over their administration.

2. Selective Incapacitation strategy - proponent of this argue that expensive and

limited prison space with the necessary number of staff to maintain them should
be used more effectively by targeting the individuals whose incarceration will do
the most to reduce crime. It shows that the incarceration of some career criminals
has a pay off in the prevention of multiple serious offenses.

3. Population-Reduction strategy - this incorporates front door and back door

strategiesFront-door strategies divert offenders to non- incarcerative sanctions,
among them, community service, restitution, fines, and probation. Some critics
contend, that even if such alternative were fully incorporated into the
correctional system, they would affect only first time, marginal offenders, as they
are not appropriate for serious criminals if crime control is a goal and has the
effect of widening the net so that a greater number of citizens come under
correctional supervision. While the Back-door strategies such as detention,
parole, work release and good behavior are devised to get offenders out of the
prison before the end of their terms in order to free space for new comers.

4. Construction Strategy - building new facilities to meet the demand for prison
space for an advantageous prison management. The approach comes to mind
when legislators and correctional officials confront the problem on prison
crowding, sanitation and prison violence to expand the size, number of facilities
and personnel. But given contemporary financial

5. Population-Sensitive Flow Control strategy- urges the sentencing be linked to

the availability of prison space and management staff, that policies be developed
allowing the release of the prisoners when prison facilities become crowded and
staff are greatly outnumbered to manage prisoners, and that each court be
allotted a certain amount of prison space and staff members so that judges and
prosecutors make their decisions accordingly. This strategy depends on the
political will to release prisoners even in the face of public protest.
 CHAPTER TWO

NATURE OF PUNISHMENT

Punishment is a means of social control. It is a device to cause people to become

cohesive and to induce con formity. 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 in a a small well ordered community,
where people practically know everybody, is more effective in inducing
conformity than in a highly mobile metropolitan city

Definition of Punishment

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 sufftring 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 ofender, It is essential that the offender should be
forcibly made to suffer and that society is justified in making him suffer.

Forms of Punishment

The forms of punishment in primitive society were the death penalty, corporal
punishment, public humiliation, shaming and banishment. Death penalty was
carried out by hanging, burning, immersing in boiling oil, feeding to wild animals
and in many other barbaric ways. Corporal punishment was inflicted the offender
by flogging, mutilation, disfiguration, and maiming. Public humiliation and
shaming were effected by the use of stocks and pillory, docking stool, branding,
shaving of the hair, etc. The more recent forms of punishment are imprisonment,
parole and probation

The earliest forms of punishment were death, torture, maiming and banishment.
The jail was introduced in Medieval Europe as a place of confinement of persons
arrested and undergoing trial, and for those convicted of minor offenses such as
vagrancy, gambling and prostitution. Death, corporal punishment and banishment
were the penalties for offenses, which today are punishable by imprisonment.
Justification of Punishment

1. Retribution - during the primitive days, punishment of the transgressor was

carried out in the form of personal vengeance. Since there we re 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.

2. Expiation or Atonement - This theory or justification of punishment was also

advocated during the pre-historic days. A sort of common understanding
sympathetic and 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.

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 Becarria,
punishment an for justification exponent of the Classical School of Criminology
and whose writings at the end of the 18th century renovated the punitive justice
system of intent the that contended Europe, punishment should not be to torture
the criminal or to undo the crime but to "prevent others from commiting a like
offense". He advocated the theory that "a punishment should have only that
degree of severity which is sufficient to deter others."

4. 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 Vicious and depredation. Criminal further dangerous
criminals are made to serve long terms of imprisonment to protect the public
public from harm or against their dangerous behavior.
5. Reformation - This is the latest justification of punishment. Under this theory,
society can best be protected from crime if the purpose of imprisonment is to
reform or rehabilitate the prisoner.

Trends of Punishment

The principal trends of punishment arc in the development of exemptions,

pardon, and communications; the decline in the severity of punishment, the
growth of imprisonment and its modifications; good time allowances;
indeterminate sentences; suspended sentence and probation, conditional release,
parole, short sentences, and fines

Exemptions of Punishment

The bases for the exemptions are usually social In Europe, Kings Kings and Rulers
in ancient and early modern society could do no wrong. Upper classmen were
often times exempted from criminal liability for long commoners the caused
which offences imprisonment or death penalty. Most countries today do not
punish offenders for absence of "mens rea" that is absence of a guilty mind or
lack of criminal intent. The right of sanctuary was practiced in the early Christian
era. The benefit of clergy was originally given to clerics who did not wear
ecclesiastical robes from being tried by lay courts but only by ecclesiastical courts.
Latter the privilege was extended to anyone who could read and write. Age of the
offender was another basis for exemption from criminal responsible. Under laws
on juvenile delinquents are not legally classified as criminals.

The mental condition of the offender is another basis for exemption from criminal
responsibility. The M'Naghtan case of England (1843) held the opinion that an
offender is to be considered sane and responsible until is proven that he was
insane at the act was committed, and therefore, could not haveknown right from
wrong. This doctrine holds true in every progressive country today. Reformist
would want the criminal insane, such as the criminal psychopaths and criminal
neurotics, handled by special laws and procedures in courts and to provide
specialized mental institutions for their care.

Theories of Punishment
The Pre-Classical Theorles

The Secular Theory of Punishment - When men began to live in simple

communities, the history but began, doings wrong of punishment forbcriminology
which is man systematic attempt to explain crime, was still unkown. Man has
always been concerned with the effort of solving the crime committed in his midst
rather than seeking an explanation for the occurrence of crime.

The first attempt to explain crime was made by the Athenian philosopher,
Aristotle. In his book "Nicomedean Ethics ", he discusses corrective justice, thus -
punishment is a means of restoring the balance between pleasure and pain". This
philosophy of individuai determinism which existed up to 400 B.C., was another
form of the so called "free-will theory". It implied a notion of causation in terms
of free choice to commit crime by rationai men seeking pleasure and avoiding
pain. According to Aristotle, "corrective justice is a means whereby the loss
suffered by the wronged man is compensated. Suffering by the offender restores
the balance between the injured and the transgressor.

The Judean-Christian Theory - Following the Secular Theory of punishment came

the Judean or Christian Theory which was at its fullest development during the
death of Christ in 30 A.D. This theory of expiation believes that punishment has a
redemptive purpose of repelling sin advocated by the devil.

Rise of the Canonical Courts - A ystem of trial and punishment was established in
the Century A. D. Rivalry existed between the church and state in trying offences.
Primitive justice was not so much concerned with determining of guilt as with
saying that the proper religious ritual who observed by private parties in settling
private disputes. In the early Christians era, the Church forbade its adherents to
resort to state courts and later in the Medieval Period the power of state courts
declined and the power of Canonical Courts increased. Criminal Courts distinct
from civil courts and separate from the administration of government had their
origin in the Roman Republic some two centuries before Christ and became firmly
of theory The empire established under punishment under the church court was
mainly reformatory in purpose.
Individualization of Punishment- The lawmakers and judges had the practical task
of making and administering law not only in the light of such theories of free will
and responsibility, but also face to face with the indignation of the community at
a particular offense.

The Abused of Judicial Individualization- The law gave judges wide direction to
impose additional punishment in view led to the circumstances. This theory gave
the judgcs tyrannical power which led to abuses. Class discrimination in the
administration of justice arose. The Hebrew right ofbsanctuary and the medieval
truce of God were religiously motivated by limitations on punishment. Yet
suchbpractices as expiation and penance demanded punishment as a process of
balancing account with God. The infliction of the punishmentnbecame a sort of
religious ceremony. The canonical courts introduced the modern principle of
individualization, but not on scientific grounds, and this very unscientific
individualization led to serious abuses and injustices.

Classical School of Penology

The classical theory came about as a direct result of two influences:

1. It came about as a protest against the abuses and discretionary power of

judges, and

2. It was also infuenced by the philosophical schooi of Rousseau Becarria of Italy

in his book, " Crime and Punishment, " published in 1764, bewailed over the
cruelties and inequalities of the law and the courts of his time. He holds that
justice consists of equal treatment of all criminals for like offenses, whereas, the
courts of the day were dealing unequally with criminals according to their rank
and influence. Becarria would have the legislature, not the court, determine the
exact punishment appropriate to each crime. No discretion would thus be left to
the judge.

Becarria's protests were directed against:

1. Arbitrary penalties given by the judges

2. Uncertainty and obscurity of the laws.

3. Defects in criminal procedure in a admission of testimonies.

4. Secret accusations.

5. Torture and incrimination of witnesses.

6. Long pending cases

7. Abuse of power by rich against the poor, etc,

Bentham of England, another exponent of the classical school, also holds that
socicty must rewardbthose who accept responsibility and punish those who do
not, thus bringing pleasure and pain into the service of society The philosophy of
the Classical School holds:

1. That man is a free moral agent, and that every act of man is of his free will and
accord

2. That every man is therefore responsible for his acts,

3. That crime can be expiated only by punishment and

4. That the law, not the judge, should determine the punishment to be attached
to the criminal act, and should provide a scale of punishments to be applied
equally to all persons committing the same crime.

The Neo-Classical School

Influenced by the French Revolution and the Quakers of the New England states,
the third school ofbthought in criminological and penological theories, the Neo-
Classical School, was advocated at the beginning of the 19th century.bIn the
French Code of 1819, the principles of thebclassical school remained intact but
the system of defined and variable punishments was modified. The judge was
given direction in certain crimes to vary punishment between the maximum and
the maximum fixed by the law. Under the Code

I. the judge could not admit extenuating circumstances;

2. the Classical Theory remained intact in its theory that "every person equally
free and therefore equally responsible. Since the publication of the French Code
of 1819, the struggle has been to individualize the punishment by setting up
varying degrees of responsibility. The Neo-Classical School admitted extenuating
circumstances in the criminal himself. The Neo-Classical School -

1. admits that minors are incapable of committing crime because they have not
reached the age of responsibility;

2. admits that certain adults are incapable of committing crimes because of their
conditions they are not free to choose.

Result of the Neo-Classical theory

1. Exempting circumstances admitted.

2. Reduction of punishment for partial freedom of the will - only partial

responsibility

3. Punishment was mitigated for lack of full responsibility

4. It represented the reaction against the severity of the ' classical theory of equal
punishment irrespective of circumstances

The Italian or Positive School

Criminal in Relation to "The Lomroso's Anthropology, Jurisprudence and

Psychiatry" was published 100 years from the publication of Becarria's book,
"Crime and Punishment. In his book, he sought to explain crime in terms of the
physical make-up of the criminal, thus -

1. The vicious soldier was distinguished from the honest soldier by the extent to
which the former was tattooed and by the decency of the designs.
2. In studying the insane, the patient, not the disease, should be the object of
attention

3. According to Lombroso, there are three great classes of criminals

a) Born criminals - Atavism

b) Insane criminals - Idiot, imbecils, dementia, paralysis, etc. make-up that they
display anti-social conduct persons suffering from

c) Criminaloids- defects by reason of which he calls criminaloids (Psychological

defect, not physical)

One advocate of the Italian school of thought was Enrico Ferri, born in Italy in
1856. Ferri advocated the "Theory of Imputability and the Denial of the Free-will"
in 1 878. Ferri contributed to the emphasis of the social factors such as

1. Physical factors, including geographical, climate,btemperature, etc.

2. The anthropological factors including psychological factors

3. The social factors, including economics and political factors as well as age, sex,
education, religion. Another follower of the Italian school of thought was Rafaele
Garofalo, born in Naples in 1852, from parents of Spanish origins. Garofalo thinks
that crime can be understood only as it is studied by scientific methods. The
criminal is not a free moral agent, but isbthe product of his own traits and his
circumstances.

The results of the Italian School of thoughts are:

1. Emphasis shifted from legal; metaphysical and juristic abstraction to a scientific

of the criminal and the conditions under which he commits crime.

2. Treatment began to be based from study of the criminal.

3. The old purpose of punishment was changed

a) Retribution was eliminated

b) Deterrent -effect theory modified - does not apply to those who could not
foresee consequences.

c) Rehabilitation re-emphasized but applied with discrimination to certain classes.

d) Protection of society is open to be the purpose of treatment primary

e) Prevention of crime by early treatment of juveniles

The Modern Clinical School

This theory advocates the study of the criminal rather than the crime. This school
is interested primarily in the criminal himself in order to determine the
conditioning circumstances that explain his criminality and in order to obtain light
upon the problem of how he should be handled by the social group.

Among the modern clinical views are:

1. Emphasis on Social Psychology - the influence of interaction between

individuals, and groups and the relationships between emotional balance and
intellectual integrity

2. Emphasis on Biological Inheritance - The Clinical School advocates the theory

that the criminal is the product of his biological inheritance conditioned in his
development by the experience of life to which he has been exposed from early
infancy up to the time of the commission of the crime

3. Emphasis on Scientific Studies - The Clinical School also suggested adapting the
treatment of each individual in accordance with the diagnosis obtained by
scientific study of the criminal. This school entirely repudiates retribution,
expiation and intimidation. It gives a new content to the old terms of deterrence,
reformation and protection.
 CHAPTER THREE

DEVELOPMENT OF MODERN CORRECTIONAL

CONCEPTS AND STANDARDS

Historical Features

Retaliation (Personal Vengeance) was the earliest remedy for a wrong act to
anyone. The concept of personal revenge by the victim's family or tribe against
the family or tribe of the offender, hence "blood feuds" was accepted in the early
primitive societies

Fines and Punishment - customs have exerted effort and great force among
primitive societies. The acceptance of vengeance in the form of payment (cattle,
food, personal services, etc.) became accepted as dictated by tribal traditions

Securing Sanctuary- As early as the 13th a criminal could avoid punishment by

century, claiming refugee in a church for a period of 40 days. In England at about
1468, torture as a form of punishment became prevalent. Transportation of
criminals in England was authorized. At the end of the Countries Russia and other
European century followed this system. It partially relieved overcrowding of
prisons. Transportation of criminals was abandoned in 1835.

Death Penalty became prevalent as punishment during the 17th and 18th ce as a
form Century of GAOLS (Jails) were common. These are pre-trial detention in
England, GALLEYS were also These are long low narrow, single decked ship
facilities operated propelled by sails usually rowed by criminals a type used. of
ship used for transportation of criminals in the century. HULKS were abandoned
warships used to house prisoners were utilized, converted into prisons as a means
to relieve congestion of prisons. They were known as the "floating hells"

The Early Legal System

There are three main legal systems influentia around the world, and have been
extended to and adopted by all countries aside from those that produced them.
In their chronological order, they are;

 Roman Laws
 Mohammedan or Arabic Laws
 Anglo-American Laws

Among the three, it was Roman law that has the lasting and most pervading
Roman private law (which include influence. especially has offered the Criminal
Law) most adequate basic concepts which sharply define, in concise and
inconsistent terminology. mature rules and a sense complete equity.

The Early Legal Codes

Babylonian and Sumerian Codes Code of Ur-Nammu (ca 2050 BC) - Through
archaeological diggings, scientists have acknowledged that the first law system in
the world belonged to the Mesopotamians, specifically the Sumerians. One of the
most ancient legislators, Ur-Nammu, who was the rulerbof the city of Ur had a
code detailing the punishments for witchcraft, the escapades of slaves and assault

Code of Eshunna (ca 1930 BC) - a Sumerian code which forbid accepting money or
objects "from the hands of a slave" or making loans (that is, any transactions with
a slave). Moneylenders are likewise forbidden from taking hostages, whether free
men or slaves.

Code of Lipit-Isthar (ca 1860 BC) - a more popular version the Sumerian law
which chronicles the rights of citizens, marriages, successions, property rights and
penalties
Code of Hammurabi (ca 1780 BC) - the Babylonian code that prescribes harsh
punishment Punishments were calculated according to lex talionis- law of
retaliation . Death penalties could also be imposed on crimes such as murder, and
several kinds of execution, depending on the nature of the crime.

The Greek and Roman Codes

Greek Code of Draco (621 BC) - In Greec was enforced around 621 BC, the Code
of Draco hash code that provides the same punishment for both citizens and the
slaves as it incorporates primitive concepts. The penalty for many offenses was
death; severe, that the word "draconian" comes from his name and has come to
mean, in the English language, an unreasonably harsh law. The Draco laws were
the first written laws of Greece. These laws introduced the state's exclusive role in
punishing persons accused crime, instead of relying on private justice. Thus, the
Greeks were the first society to allow any citizen to prosecute the offender in the
name of the injured party.

Solon's Law (530 BC) - This law repealed Draco's laws and allowed capital
punishment only for a limited number of serious offenses, such as murde or
military or political offenses against the state. It also gave the right of
representation, of every person to being done.

The Twelve Tables (450 BC)- earliest codification represented the on legal until
the foundation incorporated the Justinian Code.

Justinian Code - 6th C A.D., Emperor Justinian Rome wrote his match a code of
law. This was an effort to of Row 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 ofWestern legal codes.

The French Code

Bungundian Code (500 A.D) - also known as Lex Burgundionum, published in

about 475 in Burgundy, now Southeastern France. The codification married
German to Roman law as well as advancing other unique and novel aspects of
written private laws which influenced the course of the laws of Europe.
The Secular Laws

Secular Laws (4th AD) - 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 Externa), Natural Law (Lex Naturalis), Human Law (Lex Humana). All
these laws are intended for the common good, but the Human law only becomes
valid if it does not conflict with the other two laws.

The Chinese Codes

Qin Code- During the Chin or Qin Dynasty of to to defeat most 221-206 BC, of the
the King of other Qin kings (aka and Ch'in) was managed able consolidate power
over much of the modern-day territory of China. The emperor of Chin heeded Han
Fei's (Han Fei Tze 280-233 BC was a Chinese jurist) advice and consolidated his
rule with a harsh penal code for all - The Qin Code eroded the Confucian base
from which most Chinese law had benefited to date.

Han Code - In 206 BC, the Han Dynasty began and the Confucius legal policy was
reinvented with vengeance, and thereafter remained as the "dominant a force"
behind Chinese law right up 1949. The legal reform was led by the benevolent
spirit of Liu Pang (aka Liu Bang), emperor of China from 206-195 BC He stated
publicly that there were far too many laws. So he whittled it down to three;
prohibitions against murder, injury and theft.

The Tang Code (Tanlü Shuyi) - developed during the dynasty of the same name,
circa 624, and as substantially revised in a second edition which issued in 637. The
Code revised earlier existing Chinese codes and standardized procedures. For
examples, there were only two ways to perform capital punishment on a
convicted criminal: beheading or hanging.

The Ming Codes were a succession consolidations of the criminal law in China,
developed during the Ming Dynasty of 1368-1644.

Qing Code - In 1644, Chinese law was again altered by the publication of the Qing
Code, the great law codes of the Chinese dynasties. Some Confucian features of
the Qing Code included deference to the family hierarchy accidental death of an
elder.

The Early Prisons

Mamertine Prison/" Carcere Mamertino" (600 the oldest known prison can be
traced to the BC) Ancient Rome's series of dungeons. It was originally designed as
a reservoir for water.

Le Stinche Prison, built in the 1290s in Florence, Italy, housed male inmates
separately from female inmates, and also segregated inmates by agebgroup,
degree of sanity, and severity of offense.

Château d'If ( pronounced as shat-o-deef) -1524 fortress that was built on the
rocky islet of If, 2 miles off the French port of Marseilles. In 1580 it was takenbinto
use as a state prison for those convicted of serious political and religious crimes.

Bridewell Prison (1557) - the most popular workhouse in London which was built
for the employment and housing of English prisoners.

Maison de Force (1627) - a house of correction in Ghen, Belgium which separate

adult from juveniles and women from men, an innovation to prison system during
the 1600s

Hospice of San Michele (1704) - an old included special facilities and programs for
juvenile offenders.

Walnut Street Jail (1776)- constructed aswas originally converted into a detention
jail in Philadelphia was state prison and became the first American Penitentiary.

Devll's Island (lsle du Dlable) - 1852 most notorious prison in the world in terms
of harshness its regime and position. The island is situated in the Atlantic off the
coast of French Guiana and was in (N.E.coastline of S america).
Alcatraz (The Rock)- located on an island in San Francisco Bay. It was built for the
military in the 1850's and used by them, as a fort and a prison until 1933 when it
passed to the Department of Justice and became a civil prison unti it was closed in
1963.

Development of Modern Prisons and Jails

Prisons jails evolved as a substitute for transportation, exile, public degradations

particularly corporal punishment, and the death penalty. A historical timeline on
prison development is:

 1700 early punishments included transportation indentured servitude and

economic sanctions, public humiliation, pillory, stocks and ducking stools,
 1704 - The Hospice of San Michele (Rome), Maison de Force (Ghent,
Belgium) TWo very famous prisons were the Hospice of San Micheleband
the Maison de Force in Ghent, Belgium Inmates were whipped and had to
adhere to the rule of silence. These prisons were considered to be ideal
models of the prison institution at thetime.
 1726 - Reform (John Howard) - John Howardwas a Christian activist who
fought for prison reform. He inspected jails in order to ensure that
prisoners received humane treatment.
 1770 - Gaols (Early Jails - England) Gaols/ Jails were very small with few
inmates These institutions operated on a fee system.
 1787- Philadelphia Prison Society (Benjamin Rush) - With the help of
Quakers, he worked to improve conditions for prisoners housed in the
"Walnut Street Jail" in Philadelphia
 1790 . Inspection House (Panopticon) Jeremy Bentham was founder of the
British Utilitarianism movement whih suggested that laws should be
evaluated to ensure that they are ethical and useful. He designed a model
prison which was referred to as the "Panopticon"
 1800 - Parole - began at the end of the 1800s many prisoners were When it
was instituted, already receiving clemency pardons and early release for
good behavior. Parole began with reformatories but spread to all prisons.
 1813 Elizabeth Gurney Fry- work to improve conditions for women
imprisoned worked to who were imprisoned
 1822 - Eastern Stae Penitentiary - was built on the outskirts of
Philadelphia. Prisoners were in solitary confinement. This model was
referred as an isolate system. The solitary confinement and penance would
lead to rehabilitation of prisoners. Prisoners were also given a work detail
which consisted of handicrafts
 1825 - Auburn and Sing Sing Penitentlary (Mass Prisons) - A congregate
system was used A rule of silence was enforced to keep the prisoners from
corrupting one another Strict control and severed discipline was common.
 1873 The Indiana State Reformatory (First Separate Prison for Women)
This was the first- separate female prison before instituting the first female
prison, women were housed with men. They also received the same
punishment For that reason women were preyed as men both inmates and
prison guards. In the upon early female prisons, women were often housed
In cottages. The conditions for women in state to prisons remained the
same They were subject abuse and often required to endure long hours of
hard labor.

 1876 Reformatory (Elmira System) - This was a prison system designed to

house young men. It was believed that younger prisoners were capable of
rehabilitation. An academic program was put in place and athletics was
encouraged. The silent system was not used. A rewards system was used.
Corporal punishment was used to control behavior.
 1878 - Probation (John Augustus) - was a humble shoemaker who
advocated for fair treatment of criminals. He housed offenders who were
sentenced to prison. After helping them get back on their feet, he would go
to court with them. If their probationary program was satisfactory, the
original sentence was suspended. The actual legal statute for probation was
passed first by Massachusetts in 1878. Probation still exists today as a
community based correction model
 1890 - The Industrial Prison - In an effort to meet the demands of the
increasing prison population, the industrial prisons emerged These prisons
had heightened security via high brick walls and guard towers. Prisoners
worked with steel, made cabinets and other goods to be sold on the
market.
 1899 - Juvenile Court - A special court for under age offenders was
established. This type of court was informal and the goal was for young
offenders to be rehabilitated. Vocational and academic programs were
ercouraged. Judges were expected to avoid custody if possible
 1945 - The Treatment Era- During this interest to postwar boom, there was
an interest to reform prisons. After conducting research, it was determined
that "medical model" should be used in the prison system Prisoners were
considered ill and the cure would rehabilitation through treatment.
 1967 - The Community Based (Deinstitutionalization) - A more Era
humanistic approach was envisioned. The community base approach would
help the inmate and it would help solve the problem of overcrowding
prisons. Inmates took part in half-way houses and job release programs.
Some were even allowed weekend furloughs to visit family and loved ones.
 1980 - The "Warehousing" Era - After many studies showed that efforts to
rehabilitate criminals were failing miserably, it was evident that a new
approach should be used. This led to the "nothing works" doctrine. The
new approach would be to simply put criminals away so they would no
longer be a menace to society. This is when the term warehousing" began
to surface Prisoners were put away for determined periodsbof time without
the earlier frills of treatment and "coddling"
 1995 - The "Just Deserts Era" - The "just deserts" doctrine goes back to the
Prisoners are held responsible for their basics. There is no attempt actions.
criminality. If a person commits a explain away their crime, they will pay.
This plain and simple rates emerged because of the embarrassing approach
recidivism
 Jeremy Bentham (1748-1832) the greatest leader in the reform of English
Criminal law. He believed that whatever punishment designed to negate
 whatever pleasure or gain the criminal derives from crime the crime rate
would go down PANOPTICAN prison He design was a also prison famous
for the that consists of a large circular building containing multi cells around
the periphery
 John Howard (1726 - 1790) the sheriff of Bedsfordshire in 1773 who
devoted his life and fortune to prison reform. After his findings on English
Prisons, he recommended that single cells for sleeping, segregation of
women segregation of youth, provision of sanitation facilities, abolition of
system by which jailers fee obtained money from prisoners, should be
practiced. It was for this reason that he gained the fame as the father of
prison reform.

The Reformatory Movement

Most of the prisons established between 1819 and 1870 were constructed on the
basis of a program espousing the punitive philosophy, the features which includes
mass treatment enforced silenced idleness, regimented rules and severe
punishment In Europe, several penal administrators mentioned as among those
who contributed can be progressive development of the reformratea to the
reformatory system which include the following reformers:

 Manuel Montesimos- who was the Director of the prisons of Valencia

Spain, in 1835 divided prisoners companies into and appointed prisoners as
petty officers i charge. Academic classes of one hour a day were given all
inmates under 20 years of age
 Capt. Alexander Maconochie- the Superintendent of a penal colony " at
Norfolk Island in Australia who introduced progressive humane substitute
system to for corporal punishment. When a Person earned a required
number of marks, he was given his ticket leave, which is the equivalent of
parole marks.
 Capt. Maconochie introduced several other measures, which aimed at
rehabilitating progressive He introduced fair disciplinary trials, built
prisoners distributed books, allowed plays to be churches, staged and
permitted prisoners to tend small gardens. For his progressive
 administration of prisoners was considered one of the fathers of modern
penology. Some scholars even gave him the fame as the father of parole,
since the "mark system' was the forerunner of the modern practice of
parole,
 Sir Walter Crofton- Chairman of the Directors of lrish prisons. In 1856,
Crofton introduced the "Irish system", later on called the progressive stage
system The first stage of the Irish system was solitary confinement for nine
months at a certain prison. The prisoners at this stage were given reduced
diet and allowed monotonous work. The prisoners progress to a more
interesting work, some education, and better treatment toward the end of
the first stage. The second stage was an assignment to the public works at
Spike Island.
 Frédéric-Auguste Demetz was famous for establishment of agricultural
colony for delinquent boys in France in 1839. The housed was based on
reeducation a rather than force.
 Zebulon R. Brockway- 1876 the New York State Reformatory at Elmira
opened with Z R Brockway as Superintendent. Introduced in Elmira a new
institutional program for boys from 16 to 30 years of age. For his efforts,
Brockway the fame as father of American parole system.
 Sir Evelyn Ruggles Brise- was a Director of English prisons, after visiting
Elmira in 1897, opened the Borstal Institution near Rochedi, in Kent. The
Borstal Institutions of England became the earliest best reform institutions
for young offenders

The Golden Age of Penology

The period from 1870 to 1880 was called the "Golden Age of Penology" because
of the following significant events:

a. In 1870, the National Prison Association, now American Correctional

Association, was organized and its first annual Congress was held in Cincinnati,
Ohio. In this Congress the Association adopted a "Declaration of Principles, so
modern incomprehensive in scope that when it was revised in the prison
Congress of 1933 few amendments were made. Since its founding the Association
has held annual congresses of corrections in have taken active leadership in
reform movements in the field of crime prevention and treatment of offenders.

b. In 1872, the first International Prison Congress was held in London. It was
attended by representative of the government of the United States and European
countries. As a result of this congress, the International Penal and Penitentiary
Commission, an inter-government organization was established in 1875 with head
quarters at The Hague. The IPPC held international congresses every five years.
1950, the IPPC was dissolved in its fans. In were transferred to the Social Defense
Section functions of the United Nations.

c. The Elmira Reformatory, which was considered as the forerunner of modern

penology opened in Elmira, New York in 1876. was features of Elmira were a) a
training school type The of institutional program, b) social case work in the
institution, and c) extensive of parole.

d. The first separate institutions for women were established in Indiana and
Massachusetts.

The Decline of the Reformatory Movement

The Reformatory system movement subsided gradually following the opening of

Elmira because of the founders' lack of faith in the effectiveness of the program.
The defect of the system was laid on the lack of attempt to study criminal
behavior from which to base treatment. By 1910, it was generally' conceded that
the reformatory system of the United States was a failure in practice. It was not
until 1930 that the reformatory idea was revived as the direct result of the
revamp of the educational program of the Elmira Reformatory.

The Industrial Prison Movement

The Elmira Reformatory movement was succeeded by the Industrial Prison.

U.S.Commonwealth preferred the movement prison system to the Pennsylvania
prison system Auburn because its congregate work program. The value of prison
labor began to be recognized in every prison system.

The classlficatton Movement

The reorganization of the Federal prison system in 1930 started the movement
for modern correctional reforms. A Federal law created the Federal Bureau of a
Prisons and placed dircctor as hcad of the system result of the reorganization the
penal institutions, which were formcrly administered independently by their
respective wardens, were placed under the centralized jurisdiction of the Federal
Bureau of Prisons. Professionally trained personnel were rccruited for the prison
scrvicc and the rehabilitation program of the institutions was accentuated. The
most notable development in correctional system was the diversification of adult
penal institutions and the individualization of treatment and training of prisoners.

Probation and Parole Movement

Probation started in England with the old practice of suspending judgment and
releasing the offender on his own recognizance with the promise not to commit
any more crime. Often times, a surety was required and the guarantor was given
the authority to bring back the offender to the court if he violated the condition
of his release.

In the United States, probation was practice in Boston by John Augustus in 1841.
Although the frst probation law was passed in Massachusetts in 1878 it was not
until the passage of the first Juvenile Court law of Cook Country (Chicago) in 1899
that probation was widely used. Today, probation has won public acceptance as
part of the state correctional system by nearly all counties in the world.

In the Philippines, Act No. 4221 of the Philippine Assembly established adult
probation. but it was abolished in 1937 after two years of existence because it
was declared unconstitutional in the case.