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Alternatives To Imprisonment

This document discusses alternatives to imprisonment for criminal offenses. It outlines various non-custodial sentencing options used in the UK and US, including absolute and conditional discharge, fines, probation, suspended sentences, community service, and parole. It then discusses Penal Reform International's 10-point plan to reduce prison overcrowding, which includes diverting minor cases, reducing pre-trial detention, developing non-custodial sentences, treating drug and mentally ill offenders, and ensuring fairness. The document also covers extinction of criminal liability through various means like the death of the convict, amnesty, and prescription of crimes and penalties under the Revised Penal Code of the Philippines.

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Denise Espina
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178 views18 pages

Alternatives To Imprisonment

This document discusses alternatives to imprisonment for criminal offenses. It outlines various non-custodial sentencing options used in the UK and US, including absolute and conditional discharge, fines, probation, suspended sentences, community service, and parole. It then discusses Penal Reform International's 10-point plan to reduce prison overcrowding, which includes diverting minor cases, reducing pre-trial detention, developing non-custodial sentences, treating drug and mentally ill offenders, and ensuring fairness. The document also covers extinction of criminal liability through various means like the death of the convict, amnesty, and prescription of crimes and penalties under the Revised Penal Code of the Philippines.

Uploaded by

Denise Espina
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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CHAPTER 3

ALTERNATIVES TO
IMPRISONMENT
Major issues related to institutional corrections bssed
in any countries in Asia Pacific. Prison overcrowding
involves not jus lack of space, also involves host of
other problem related to prison.

The fact that there are more people being imprisoned


yet don’t have enough facilities. Imprisonment may be
considered as a must only for habitual of professional
criminals.

In UK and US, many non – custodial of alternatives have


been widely used.
1. Absolute and conditional Discharge- Are given for the least
serious offenses. Discharge with no absolute punishment will
be imposed because being sent to court is already the
punishment. However the criminal still gets a criminal record
and if the criminal commits crime within 3 years he will be
sentenced for the first offense.

2. Binding Over- Means holding a person for trial on jail or


bond(bail)

3. Fines- Common punishment for variety of crimes. Especially


less serious offenses committed by a first time offender.
4. Probation- Under this, the offender will be released but need to
follow the supervisions of the supervision officers.

5. Suspension of sentence- Suspending or putting prison time on hold


provided the defendant complies with certain other obligations. (Ex.
Completion of a drug treatment)

6. Committal to the care of a fit person- If the offender is 17 years


below, the court will send him/her to the care person.(ex. Relative
school or orphanage)

7. Remission or release on license parole- Prisoners may be released at


the halfway point of their sentence and spends the remaining part of
the sentence on license. Must follow strict conditions.
8. Community service- Sentence is community based. (Cleaning roads and
etc.)

9. House Arrest- requires the offender to remain within the confines of


the home during specified times and adhere to a strict curfew.

10. Day Reporting Center – These are non-residential locations, which


offenders must visit daily to participate in program activities and to work
out a schedule detailing their activities outside the center.

11. Residential Community Corrections – These include halfway houses,


pre-release centers, community works treatment centers and restitution
centers. These type of centers maybe used as an alternative to sending an
offender to jail.
Penal Reform International (PRI) , an international non governmental
organization working on penal and criminal justice reform worldwide,
introduced a 10-point plan to reduce prison overcrowding.
These points are as follows:

1. Informed Public Opinion:


Information gathering and analysis should be part of a regular routine
and the public should be kept informed about measures which work
base to reduce crime.

2. Improve access to, and coordination within, the criminal justice


system: Increasing public access to the police, court and prisons
engenders public confidence and transparency.
3. Invest the crime prevention and crime reduction:
Problem solving partnership between the police and the other public
agencies business and community can produce effective plan to reduce
the risk factors that lie behind many forms of crime.

4. Divert minor cases from the criminal justice system:


Many cases can be effectively dealt with outside the formal criminal
justice system.

5. Reduce pre trial detention :


In some countries, as many as 75% of the prison population are pre
trial detainees. Efforts to address lengthy detention may include
increasing legal aid for defendant and enforcing time limit on criminal
6. Develop constructive non custodial sentences:
A range of community based sentence should be available to court
including discharge, fines and community service. Non custodial
sentencing can be particularly effective for women offender who are
usually apprehend for non violent crimes and whose crimes are often
closely related to their economic and social disadvantage in society.
7. Reduce sentence length and ensure consistent sentencing practice –
Prison sentences should be kept as short as possible, consistent with
Justice being done . Appropriate is needed to inform judges
independent decision making.
8. Develop, special arrangements for youth offenders that keep them
out of prison – Child offenders (under 18) should be diverted from the
criminal justice process. Small, open facilities with minimal security
should be developed for children serving such sentences.
9. Treat rather than punish drug addicts and mentally disordered
offenders – Prisons are ill-equipped to meet the needs of drug addicts
or those who suffer from mental illness or learning disabilities.
Specialist treatment facilities as alternative to imprisonment, can
reduce prison overcrowding and improve outcomes in the prevention
of re-offending.

10. Ensure the system is fair to all – Monitoring should take place at
every stage of criminal justice system to ensure that discrimination
does not take place and that the efforts to reduce imprisonment
suggested in this plan are made in respect of all members of the
community.
EXTINCTION OF CRIMINAL LIABILITY
Criminal liability may be extinguished either totally or
partially.
A. Total Extinction of Criminal Liability means that the
entire penalty is extinguished, and there is no more
Criminal Liability . Under Article 89 of the Revised Penal
Code (Act no. 3815 as amended) criminal Liability is totally
extinguished.
1. By Death of the Convict.
2. By Service of Sentence.
3. By Amnesty, which completely extinguishes the
penalty in all effects.
4. By Absolute Pardon.
5. By Prescription of the Crimes.
6. By Prescription of Penalty.
7. By Marriage of The Offended Woman, as provided
in Article 344 of the Revised Penal Code.
Justifying circumstances are instances where a
person acts in accordance with law, so that they
are deemed not to have violated the law and
therefore have no criminal and civil liability.
1. Self-defense
2. Defense of relatives
3. Defense of strangers
4. Fulfillment of duty
5. Obedience to superior order
Prescription of crimes is the forfeiture or loss of
the right of the State to prosecute the offender
after the lapse of a certain period of time fixed by
law. Crimes punishable by death, reclusion
Perpetua, reclusion temporal, correctional
penalty, libel, oral defamation, slander by deed,
and light offenses shall prescribe in two months.
The period of prescription for offenses begins
when the crime is discovered and ends when
proceedings end without conviction or acquittal.
PRESCRIPTION OF PENALTIES (UNDER ARTICLE 92 OF THE
RPC.)

1. DEATH AND RECLUSION PERPETUA, IN TWENTY YEARS.


2. OTHER AFFLICTIVE PENALTIES, FIFTEEN YEARS.
3. CORRECTIONAL PENALTIES, TEN YEARS, WITH THE
EXCEPTION OF THE PENALTY OF ARRESTO MAYOR, WHICH
PRESCRIBE IN FIVE YEARS.
4. LIGHT PENALTIES,IN ONE YEARS

COMPUTATION OF THE PRECIPTION OF PENALTIES.

: The period of prescription of penalties shall commence to


run from the date when the culprit should the service of his
sentence.
B. PARTIAL EXTINCTION OF CRIMINAL LIABILITY

1. BY CONDITIONAL PARDON
2. BY COMMUTATION OF SENTENCE AND
3. For good preventive imprisonment or serving his sentence
(as amended by R. A. No. 10592).

EXEMPTING CIRCUMSTANCES ( article 12 of the RPC )


1. Basis.
2. Obligation incurred by a person granted conditional
pardon.
3. Effect of commutation of sentence.
4. Exemptions form punishment.
5. Effect of pardon by the offended party.

TWO CLASSES OF INJURIES CAUSED BY AN OFFENSE

1. Social injury is produced by the disturbance and alarm


resulting from the offense.
2. Personal injury is caused to the victim of the crime, who
suffered damage either to his person, to his property to his
honor ,or to her chastity.
Pardon and effects of pardon by the President (Article
36 of the RPC)

1. A pardon shall not restore the right to hold public


office or the right of suffrage, EXCEPT when any or both
such rights is or are expressly restored by the terms of
the pardon.

2. It shall not exempt the culprit from the payment of


the civil indemnity.
GROUP 4 (2 – Echo)
• ESPINA, DENISE JOHANNALAIN N.
• VILLATO, JAMES
• LUNA, REGENALD
• BORLAUS, KIENTH
• CORREGIDOR, KENVIRNYL
• SUCUAJEL, MEAMIN

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