Correction
Correction
CORRECTION
Inthis stage, correction , rehabilitation
and reorientation of those who judicially
found guilty will takes place.
CORRECTION
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CLASSIFICATION OF SENTENCED
PRISONERS
1. INSULAR OR NATIONAL PRISONER
Is a person who is sentenced to serve a prison sentence of
three (3) years and (1) day to death
2. PROVINCIAL PRISONER
Is a person who is sentenced to serve a prison sentence of
(6) months and one (1) day to three (3) years.
3. CITY PRISONER
Is a person who is sentenced to
serve a prison sentence of one (1) day to
three (3) years.
4. MUNICIPAL PRISONER
Is a person who is sentenced to
serve a prison sentence of one (1) day to
six (6) months
SECOND APPROACH:
NON-INSTITUTIONAL CORRECTION
It is believed that correction and rehabilitation
of convicted offenders cannot only take place
inside correctional facilities. Considering that our
jails and correctional facilities are now
overcrowded and high cost of government
expenses to maintain these facilities, non-
institutional correction or otherwise known as
community based correction is a good alternative
for imprisonment.
PROBATIO
N
Probationoriginated in the work of a Boston shoemaker
named John Augustus, who in 1841 began to supervise
offenders and report on them to the court.
In
1878 Massachusetts became the first state to pass a
probation law.
Probation
is much less expensive than incarceration. It is
designed to offer convicted offenders treatment outside
prison where they can maintain their ties to conventional
society.
Judges,
with the help of probation officers will decide
whether or not to grant or deny an applicant for probation,
considering that this is a judicial prerogative.
PHILIPPINES
(PD 968, AS AMENDED BY RA
10707
The law defined probation as a
disposition, under which a defendant after
conviction and sentence, is released subject to
the conditions imposed by the Court and to the
supervision of a probation officer.
The Purposes of Probation Law are:
1. Promote the correction and rehabilitation by
providing the offender with individualized
2. Provide an opportunity for the reformation of an offender
which might be less probable if he were to serve a prison
sentence.
3. Prevent the commission of offenses.
DISQUALIFIED OFFENDERS ARE:
1. Sentenced
to serve a maximum term of imprisonment of
more than 6 years.
2. Convictedof any crime against the national security
(treason, espionage, piracy, etc,)
3. Whohave previously been convicted by final judgment of an
offense punished by imprisonment of more than 6 months
and 1 day and/or a fine of more than one thousand pesos
(as amended by section 2, RA 10707)
Obligation of a probationer:
1. Present
himself to the probation officer within 72 hours
from receipt of probation order.
2. Report
himself to the probation officer at least once a
month during the period of probation.
3. Not to violate the conditions of his probation.
PARDON
Pardon is a form of executive clemency which is
exercise by the Chief Executive. It is an act of grace and
the recipient of pardon is entitled to it is as a matter of
right. The exercise of pardon is vested in the executive, is
discretionary and is not subject to review or judicial notice
WHAT ARE THE DIFFERENT KINDS OF
PARDON
There are two kinds of pardon, the
absolute and conditional pardon. An absolute
pardon is one extended without any conditions or
strings attached, whereas a conditional pardon is
one under which the convict is oblige to follow
certain conditions.
Where the pardon is absolute the
convicted person has no option at all and must
accept it whether he likes it or not. His consent to
absolute pardon is not indispensable hence, it is
valid upon issuance.
Whereas, in the case of conditional pardon the
convicted person has the right to reject or refuse the
pardon if he feels that the condition imposed is not
favorable on his part. This kind of pardon is considers a
contract between the pardoning authority and the
pardonee hence; consent is indispensable for its validity.
OTHER FORMS OF EXECUTIVE CLEMENCY
1. AMNESTY
Given by the President with the concurrence
of the majority of all members of Congress. Granted to
classes of person or communities who may be guilty of
political offense.
2. REPRIEVES
Are the temporary stay or postponement of
sentence especially when the penalty imposed is death.
3. COMMUTATION OF SENTENCE
Is the reduction of the duration of a prison
sentence wherein a heavier or longer sentence is reduced
to a lighter or shorter term.
PAROLE
It refers to the conditional release of an
offender from a correctional institution after he serves the
minimum term of his prison sentence. It does not have the
effect of extinguishing the criminal liability of the offender
THE END.