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Ca2 Nic

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110 views3 pages

Ca2 Nic

Uploaded by

solonpena94
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NON-INSTITUTIONAL CORRECTION

CORRECTION - is the branch of the administration of CJS charged with the responsibility for the custody,
supervision and rehabilitation of convicted offenders.
- also defined as the study of jail or prison management and administration
NON-INSTITUTIONAL CORRECTION - it refers to correctional activities that may take place within the
community or the method of correcting sentenced offenders.

EXECUTIVE CLEMENCY - shall refer to absolute pardon, conditional pardon with or without parole
conditions and commutation of sentence as may be granted by the president of the PH
BOARD OF PARDONS AND PAROLE (BPP) - under the law, the president has the power to grant pardons,
commutation, reprieves, amnesty for all offenses

FORMS OF COMMUNITY-BASED CORRECTION PROGRAMS :


1. PROBATION (granted by the court) - is a disposition, under which a defendant offer conviction and
sentence, is release subject to the conditions imposed by the court and to the supervision of a probation
officer.
2. PAROLE (granted by BPP) - a conditional release from prison of a convicted person upon service of
the minimum of his indeterminate penalty.
3. PARDON (granted by the president) - a form of executive clemency which is exercise exclusively by
the chief executive.
- as a privilege extended to a convict as a discretionary act of grace.
TWO TYPES OF PARDON :
1. ABSOLUTE PARDON - refers to the total extinction of the criminal liability of the individual to whom it
is granted without any condition
2. CONDITIONAL PARDON - on the other hand, refers to the exemption of an individual, within certain
limits or conditions. reformed but is not eligible to be released on parole.

4 TYPES OF CLEMENCY :

1. PARDON – is a form of executive clemency granted by the president of the PH as a privilege extended
to a convict as a discretionary act of grace
2. COMMUTATION OF SENTENCE – reduction in sentence
3. AMNESTY - a special form of pardon exercised by the president of the republic is amnesty.
- is a general pardon extended to a certain class of people who are usually political offenders
4. REPRIEVE - like pardon, reprieve is also another prerogative exercised by the president of the PH, it is
applied to death sentence.

ENTITIES OF THE GOVERNMENT TASK FOR PROVIDING COMMUNITY-BASED CORRECTION :


A. PAROLE and PROBATION ADMINISTRATION (PPA) - conduct investigation of all cases in relation to
parole, probation and pardon.
- responsible for the supervision of all paroles, probationers and conditional pardon grantees.
B. BOARD OF PARDONS AND PAROLE (BPP) - authority in grantind parole; and
-responsible for recommending the grant of pardon and executive clemency to the president.
C. DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) - handling cases of child in conflict
with the law.

BENEFITS OF COMMUNITY-BASED CORRECTION :


1. STRENGTHENING FAMILY TIES THROUGH AVOIDANCE OF BROKEN FAMILY RELATIONSHIPS - the
treatment and rehabilitation of convicted offender is done outside the institutional facilities
2. PREVENTION OF INFLUENCE CONTAMINATION - putting convicted felon to prison
3. ENGAGEMENT OF COMMUNITY INVOLVEMENT - rehabilitation can be more effective with the help
of the members of the community
4. ASSURANCE OF INDIVIDUALIZED TREATMENT APPROACH - these programs provide individualized
treatment program for the convicts which is if not availabe
5. IT IS MORE ECONOMICAL THAN INSTITUTION - based correction on the part of the government

INDETERMINATE SENTENCE :
1. MAXIMUM SENTENCE - the outer limit of punishment, beyond which a convicted person may not
remain in custody
2. MINIMUM SENTENCE - the mandatory minimum penalty or duration of sentence a PDL must serve in
prison
DETERMINATE SENTENCE - is a jail or prison sentence that has a definite or fixed length of period and
cant be reviewed or changed by parole.
PD 968 - adult probation law (july 24, 1976)
CARPETA - institutuinal record
MITTIMUS ORDER - service sentence (prisoner)
COMMITMENT ORDER - waiting trial (detainee)

ETYMOLOGY OF PROBATION (SUBOK LAYA) :


LATIN WORD :
PROBARE - to test, or to prove
PROBATIO - testing period

3 DIVISION OF CRIMINOLOGY :
1. SOCIOLOGY OF LAW - understanding the nature of criminal law and its procedure administration
2. CRIMINAL ETOLOGY - origin, genesis
3. PENOLOGY/PENAL SCIENCE - the study of punishment of crimes or of criminal offenders
latin word "poena" - meaning pain/suffering
greek word "logos" - to study
4. VICTIMOLOGY - is the study of the role victim towards his own victimization

HISTORICAL BACKGROUND OF PROBATION :


1. JOHN AUGUSTUS "FATHER OF PROBATION IN AMERICA"
-owner of successful boot-making business (shoemaker of boots maker)
-he started of 18 year career as volunteer probation officer
-1,946 men and women bailed by john augustus and 10 of them forfeited their bond
MATHEW DAVENPORT HILL "Father of probation in England"
-british lawyer and penologist
-reforms in the treatment of criminals were enacted into law in england
-he believed that crime could be prevented by reformation in prison
TEODULO C. NATIVIDAD "father of probation in philippines"
-the first administrator of PPA
-drafted the PD 968
-napolcom commissioner
-congressman, bulacan
-first filipino vice president of the united nation congress, geneva switzerland

PURPOSES AND FUNCTIONS OF COMMUNITY-BASED CORRECTION :


1. Facilitating PDLs reintegration
2. Fostering PDLs rehabilitation
3. Providing an alternating range of PDLs punishments;
4. Heightening convicts accountability

CURRENT ISSUES AND CONCERNS ON COMMUNITY-BASED CORRECTION :


1. Public resistance against non-institutional corrections;
2. Punishment against rehabilitation and reintegration;
3. Convicted individual needs safety as well as the public;
4. Avaialability of rehabilitation services;
5. Education and training for rehabilitation service providers; and
6. Coping with special needs of the convicts

WHO ARE DISAQUALIFIED FOR PROBATION? :


1. Those sentenced to serve a maximum term of imprisonment of more than six years;
2. Those convicted of subversion or any crime against national security or the public order;
3. Those who have previously been convicted by final judgment of an offense punished by imprisonment
of not less than one month and one day and/or fine or not less than two hundred pesos
4. Those who have been once on probation under the provisions of this decree; and
5. Those who are already serving sentence at the time the substantive provisions of the probation law
became applicable

ADVANTAGES :
Rehabilitation will be more effective as the convict will not be exposed to the hardened criminals
Rehabilitation can be monitored by the community
Less costly than incarceration
Family members need not to be victims also for the imprisonment of members

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