Group 2

Prepared by:
Jamel Mendoza
John Espuertas
Topics

 Non-institutional correction
 Advantage of Non-institutional correction
 Disadvantage of Non-institutional correction
 Types of Non-institutional correction
 Retribution ( History )
 Expiation or atonement
 Deterrence
 Reformation
 Pre – classical theories of punishment
Non-institutional correction

Non-institutional correction is the method of punishment or

rehabilitation for offenders take place outside of a person or
detention center. It also known as community-based
correction
It focuses on rehabilitating offenders in the community
while minimizing the cost of incarceration and allowing
individuals to maintain family and social ties.
Advantages of Non-
Institutional Correction
Non-institutional correction offers several benefits to offenders, the justice system, and
society as a whole.

1.Rehabilitation-Oriented
Focus on Reform: Provides programs aimed at behavior modification, skill development,
and addressing the root causes of criminal behavior.
Reduces Recidivism: Offenders are given opportunities to reintegrate into society,
decreasing the likelihood of reoffending

2. Cost-Effective
Lower Operational Costs: Non-institutional programs (e.g., probation or community
service) cost significantly less than maintaining inmates in prisons or jails.
Economic Productivity: Offenders remain in the workforce, contributing to the economy
and supporting themselves or their families.
3. Reduces Prison Overcrowding
Diverts eligible offenders away from jails and prisons, helping alleviate
overcrowding issues and reducing the burden on institutional facilities.

4. Encourages Restorative Justice

Victim-Community Focus: Promotes making amends through community
service, restitution, or mediation with victims, fostering accountability and
reconciliation.
Rebuilds Trust: Encourages offenders to engage with the community
constructively.

5. Maintains Family and Social Ties

Family Stability: Offenders can continue to support and nurture their families,
preventing family breakdown.
Community Integration: Strengthens ties to society, reducing isolation and
stigma associated with incarceration.
6. Provides Flexibility
Offers a range of options like probation, parole, house arrest, or
diversion programs tailored to the offender’s circumstances and the
severity of the crime.

7. Reduces Stigma
Avoids the negative psychological and social effects of incarceration.
Helps offenders maintain their dignity and social standing,
promoting better reintegration into society.

8. Promotes Personal Responsibility

Encourages offenders to take responsibility for their actions by
adhering to conditions like probation, paying restitution, or
participating in community service.
9. Enhances Public Safety
Offenders are supervised while being allowed to
remain in the community, balancing rehabilitation
with public safety.

10. Encourages Community Involvement

Engages local communities in the justice process,
fostering collective efforts toward crime prevention
and offender rehabilitation.
Disadvantages of Non-
Institutional Correction
1.Risk of Non-Compliance
•Offenders may fail to adhere to the conditions of probation, parole, or other
programs, leading to potential violations.
There is a risk that offenders may reoffend while under community
supervision.

2. Threat to Public Safety

•Some offenders, especially those with a history of violent crimes,
may pose a risk to the community when not confined.
•Misjudgments in assessing offenders’ suitability for non-
institutional programs can lead to harm.
3. Inconsistent Enforcement
•Lack of adequate monitoring or resources may result in inconsistent
supervision of offenders.
•Probation and parole officers often have high caseloads, making it
difficult to provide thorough oversight.

4. Overburdened Programs
•Limited funding and staff shortages can lead to ineffective
implementation of non-institutional correction programs.
•Overcrowded caseloads reduce the quality of rehabilitation and
supervision services.

5. Perception of Leniency
•The public may perceive non-institutional correction as “soft on
crime,” undermining trust in the justice system.
Victims and communities may feel justice is not adequately served.
6. Risk of Recidivism
•Some offenders may not take full advantage of rehabilitation
opportunities and may return to criminal behavior.
•Without adequate intervention, underlying issues like substance
abuse or lack of education may persist.

7. Lack of Accountability
•Offenders who fail to comply with conditions or benefit from
rehabilitation programs may not face immediate consequences.
•Community service and fines may not always be seen as sufficient
punishment.

8. Unequal Access
•Resources for non-institutional correction may be more accessible in
urban areas than in rural communities, leading to disparities in
offender rehabilitation opportunities.
9. Emotional Impact on Victims
•Victims may feel unsafe or retraumatized knowing the offender is
in the community instead of being confined.
•Restorative justice processes may not work well for all victims,
particularly in cases of severe trauma.

10. Limited Effectiveness for Certain Offenders

•Non-institutional correction may not be suitable for high-risk
or repeat offenders.
•Some individuals may require the structured environment of
institutional correction to address their issues effectively.
Type of Non-institutional
correction
1. Probation
Probation allows offenders to remain in the community under court-imposed
conditions and supervision instead of serving time in prison.

•Offenders must meet regularly with a probation officer.

•Conditions may include attending counseling, avoiding certain places or
individuals, maintaining employment, and staying crime-free.
•Violation of conditions can result in revocation of probation and
incarceration.
2. Parole
Definition: Parole is the early, conditional release of an inmate from prison
before completing their sentence.

•The individual must follow rules set by the parole board, such as reporting
to a parole officer, staying employed, and avoiding criminal activity.
•Violations can lead to re-incarceration.

3. Community Service
Definition: A sanction requiring offenders to perform unpaid work benefiting
the community.

•Often imposed for minor offenses as an alternative to fines or

incarceration.
•The work may include cleaning public areas, assisting in non-profits, or
other community projects.
4. Restorative Justice Programs
Definition: These programs aim to repair the harm caused by crime through
mediation between offenders, victims, and the community.

•Offenders take accountability for their actions and make amends to the
victim.
•Examples include victim-offender dialogue and family group conferencing.

5. Diversion Programs
Definition: Programs that divert offenders from formal court proceedings,
focusing on rehabilitation instead of punishment.

•Typically used for juveniles or first-time offenders.

•Includes counseling, drug or alcohol treatment, and educational workshops.
•Successful completion may result in dismissal of charges.
6. House Arrest/Home Detention
Definition: Offenders are confined to their homes instead of being sent to jail
or prison.

•Movement is limited to essential activities like work, school, or medical

appointments.
•Electronic monitoring devices (e.g., ankle bracelets) are often used to
ensure compliance.

7. Halfway Houses/Community-Based Facilities

Definition: Transitional housing facilities that support offenders as they
reintegrate into society after incarceration.

•Provide structured living environments, counseling, and job placement

services.
•Serve as a step between prison and full community reintegration.
8. Fines and Restitution
Definition: Monetary penalties imposed as punishment (fines) or
to compensate victims for their losses (restitution).

•Fines are paid to the government.

•Restitution is directly paid to victims to repair harm or damages.
9. Suspended Sentences
Definition: A sentence imposed but not enforced immediately,
provided the offender complies with certain conditions.

•May include probation, community service, or other sanctions.

•If the offender violates the terms, the original sentence can be
enforced.
Retribution
 What is Retribution?
Retribution is a principle of justice that emphasizes
punishment for a wrongdoing or crime, based on the idea
that offenders deserve to suffer consequences
proportionate to the harm they caused. It focuses on moral
accountability and the belief that punishment restores
balance by ensuring the offender “pays” for their actions.
In criminal justice, retribution serves as a justification for
penalties, aiming not at rehabilitation or deterrence but at
satisfying the demand for justice. It operates on the
principle of “just deserts,” meaning the punishment should
fit the crime.
Retribution (History)
How Did It Start?
1. Ancient Times
In the past, people believed in “an eye for an eye” (from the
Code of Hammurabi and the Bible). This meant if someone hurt
you, they should face a punishment equal to the harm they
caused.
It wasn’t about forgiveness but making sure the punishment fit
the crime, so people wouldn’t feel the need to seek revenge.

2. Personal Justice
Before modern governments, people handled punishments
themselves. Families or groups would retaliate directly, often
leading to feuds. For example, if one family member was killed,
another family might seek revenge by harming the killer’s
Changes in the Middle Ages

As societies grew larger, religion and kings became responsible for

justice. Crimes were seen not just as offenses against people but also
against God or the king’s laws.
Punishments were harsh, like execution or torture, to show power and
prevent others from committing crimes.

The Enlightenment (1700s-1800s)

Philosophers started asking: Why do we punish people?

Immanuel Kant believed punishment was about fairness. If you break
the law, you deserve a punishment equal to your crime. This was
retribution in its pure form.
Others, like Cesare Beccaria, said punishments shouldn’t just be about
Modern Views on Retribution
Today, retribution is still part of justice, but it’s no longer about
cruelty or revenge. Instead, it’s about:
1. Proportionality: The punishment should match the crime. Small
crimes get lighter punishments, and severe crimes get heavier ones.
2. Accountability: It’s about making the wrongdoer take
responsibility for their actions.
3. Balancing Justice: Punishment helps restore a sense of fairness
for victims and society.

Example: A person who steals might go to jail or return the stolen

goods. A murderer could face life in prison.
How is Retribution Different Today?
In the past, retribution was often harsh and focused on
punishment alone.
Today, many justice systems also think about
Rehabilitation: Helping offenders change so they don’t commit
crimes again.
Restorative Justice: Bringing together the victim and the
offender to repair harm and rebuild trust.
Expiation or Atonement
Expiation or atonement refers to the process of making amends or
seeking forgiveness for a wrong or sin. In a legal or moral context, it is the
act of acknowledging and taking responsibility for one’s offenses, followed
by actions or rituals intended to restore balance, repair harm, or achieve
reconciliation.
1. Expiation – In a criminal or legal sense, it involves taking actions or
undergoing penalties that are meant to make up for the offense
committed. It may include paying fines, performing community service,
or undergoing other corrective measures to “purify” or “correct” the
wrongdoing.
2. Atonement – A broader concept, often associated with religious or
spiritual contexts, refers to the reconciliation between individuals or
groups after a wrong has been committed. In many traditions,
atonement involves acts of repentance, penance, and sacrifice to restore
harmony with the divine or between people.
Deterrence
Deterrence refers to the use of punishment or the threat of punishment to
prevent individuals from committing crimes. It is a key principle in criminal
justice systems, aiming to reduce crime by discouraging potential offenders
through the fear of legal consequences. Deterrence operates on the idea that
people will avoid criminal behavior if they believe the consequences are
severe, certain, and swift.

There are two main types of deterrence:

1. General Deterrence – This aims to prevent crime in the general
population by making an example of offenders. The idea is that if potential
criminals see others being punished, they will be less likely to commit crimes
themselves due to the fear of facing similar consequences. For example,
publicized punishments for crimes, such as imprisonment or heavy fines, are
intended to discourage others from engaging in similar behavior.
2. Specific Deterrence - This targets the individual offender. It
seeks to prevent a person who has already committed a crime
from reoffending by imposing a punishment that is meant to make
them think twice before committing another crime. This could
involve incarceration, probation, or rehabilitation programs. The
goal is to show the offender that the costs of reoffending outweigh
the benefits.
Reformation
Reformation refers to the process of rehabilitating offenders so that
they can reintegrate into society as law-abiding individuals. Unlike
punishment-focused approaches, reformation emphasizes the
transformation of the offender’s character, attitudes, and behavior
through education, therapy, and other rehabilitation programs.
The goal of reformation is not just to punish the offender but to
change their mindset, address underlying issues (such as addiction,
mental health problems, or poor education), and ultimately prevent
future criminal behavior. The concept is rooted in the belief that
people can change and that criminal behavior is often a result of
various social, psychological, or environmental factors.
Reformation include:

1. Rehabilitation Programs – These are interventions designed

to help offenders understand the causes of their criminal behavior
and provide them with skills to avoid future offenses. Programs
may include educational opportunities, vocational training,
counseling, and substance abuse treatment.

2. Therapeutic Approaches – Psychological or therapeutic

counseling helps offenders deal with emotional or mental health
issues that may have contributed to their criminal behavior.
Cognitive-behavioral therapy (CBT) is one example of an approach
aimed at changing negative thought patterns that lead to criminal
acts.
3. Restorative Justice – This is a more recent approach that
focuses on repairing harm by involving offenders, victims, and
the community in the process of reconciliation. It is not just about
punishing the offender, but helping them understand the impact
of their actions and make amends.

4. Social Reintegration – Reformation also includes efforts to

prepare offenders for reentry into society after they have served
their sentence. This may involve helping them find employment,
housing, and reconnecting with their families, all of which can
contribute to reducing the likelihood of recidivism (reoffending).
Pre - Classical theories of
Punishment
The pre-classical theory of punishment refers to the early perspectives on crime
and punishment that existed before the emergence of rational, systematic legal
theories, particularly during ancient and medieval times. This theory is rooted in
supernatural, religious, and retributive beliefs and reflects the primitive societal
understanding of crime and justice.
Characteristics of Pre-Classical Punishment

1. Crime as a Sin Against God or Supernatural Forces

Crime was seen as a result of demonic possession, curses, or divine
disfavor.
Punishment aimed to appease gods, spirits, or supernatural entities
rather than address societal order.
2. Retributive Justice
Punishment was driven by the desire for vengeance or retaliation.
The principle of “an eye for an eye” (lex talionis) was central to justice
systems.

3. Harsh and Arbitrary Punishments

Punishments were often brutal and severe, such as flogging, mutilation,
exile, or death.
Public punishments aimed to instill fear and deter others from
committing similar offenses.

4. Trial by Ordeal
Guilt or innocence was determined through divine intervention in
physical ordeals, such as walking on fire, drowning tests, or ingesting
poison.
Purpose of Punishment in Pre-Classical Times
The main objectives of punishment during this period were

Retribution: Satisfying the desire for revenge.

Deterrence: Using fear to prevent others from committing
crimes.
Restoration of Order: Appeasing gods and restoring harmony
in the community.
Thank you