INSTITUTIONAL

CORRECTION
The Interplay of Criminology – Penology – Law - Criminal Justice.
Philosophy and Theories of Penology. Early Theories, History and
Forms of Punishment and Penalty.

By Jennifer M. Lulu
Criminology is a body of crime as a social phenomenon. It includes within the scope, the
making of laws, breaking of laws and the reactions toward the breaking laws.
Or
The scientific study of causes of crime in relation to man in society who set and define rules
and regulations for himself and others to govern.
The study of criminology evolves man and social forces through the passage and enactment
of laws, maintenance of peace and order, and the imposition of punishment by the
government whose law has been violated.
The study of criminology has three (3) principal divisions, namely:
■ Criminal Etiology – which attempts at scientific analysis of the causes of crime.
■ Sociology of Law – which is an attempt at scientific analysis of the causes of crime.
■ Penology – which is concerned with the control and prevention of crime and the
treatment of PERSON DEPRIVED OF LIBERTY(PDL)
Penology derived from latin word “Poena – pain or suffering”
Penology is the division of criminology that focuses on the philosophy and practice of
society in its efforts to repress criminal activities.
The principal goals of penal science are:
■ To bring to light the ethical bases of punishment, along with the reasons and purposes of
society in inflicting it
■ To make relatives study of penal laws and procedures through history and between
nations
■ To evaluate social consequences of the policies in force at a given time
The philosophy of punishment and penology is the doctrine of the “individualization of
punishment”—that is to say, of the punishment of the individual rather than of the crime
committed by him, which is of commanding importance in present-day penology—is only a
development of this fundamental principle of the neoclassical school. (Institutional
Corrections, Jail and Management by Dean Ricardo M. Guevarra)
 THEORETICAL FOUNDATIONS IN DEALING WITH CRIMINALS
1. Classical School of Thought
2. Neo-Classical School of Thought
3. Positive School of Thought

The Classical and Italian(Positivist) School of Criminology

History would tell us that the Classical and Italian(Positivist) School plays a vital role
in shaping the correctional systems of England, U.S.A., and the rest of the modern
world. Notable authorities in criminology, such as Hagan (2013) and Barlow (2009), to
name a few, join in acknowledging such contributions:
Classical School
The Classical School of Criminology, which was developed in the 18 th century and reflected
in the writings of Cesare Beccaria (Father of Penology) and Jeremy Betham, led the
movement of human rights and free will. Their works were in response to the barbaric
system of law, justice, and punishment that was in existence before 1789. Their interest
lay in the system of criminal justice and penology and they were more concerned and
interested in law-making, legal processing, and penal reformation.
•Let the punishment fit the crime.
•Philosophy of hedonism and free will.
•A swift and certain punishment for criminal behavior is assumed that it will deter people
from committing crimes.
•The basis of Criminal liability is human free will. The purpose of punishment is retribution
and there is scant regard of the human element.
•Advocated by Cesare Beccaria.
 What is Hedonism?
■ Argues that the pursuit of pleasure while avoiding pain is the most important goal in
life.
■ Main proponent of this theory is Jeremy Bentham.

Neo-Classical School
The shortcomings of Classical School give the opposition to lay their foundation
and the Italian School of Criminology emerges in what was known also as the Neo-
Classical School. The leading figures were Cesare Lombroso(Father
of Criminology), Raffaelle Garofalo and Enrico Ferri and many called them
the “Holy Trinity of Criminology.”
•A modification of the classical assumption where there was no definition of free will.
• It argues that children and lunatic person do not have free will. Thus, they must be
excluded to any punishment since they do not know what is right from wrong.
 The Durham and M’Naghten Rule
Requires that criminal proceedings be suspended, the offender be exempted from criminal
liability if it is determined that the he/she committed the crime as a result of mental
illness.

Lombroso advocated humane treatment of criminals, according to their category and

despises death penalty.
Ferri on the other hand, embraced Lombroso’s criminal typology; nevertheless, the
emphasis of his criminal typology was more on the psychological and social factors as
predictors of crime.
Garofalo classifies criminals on a psychological basis. He preferred the sociological
definition of crime and stated the crime is an act which offends the basic sentiments of
‘pity’ and ‘probity’. He rejected the proposition of the Classical School that punishment
should fit the criminals because they have little control of their actions.(Non-
Institutional Correction by Marcelino C. Cutamora, Jr.)
 Positive School of Thought
•Let the treatment fit the criminal.
•People cannot be held accountable for their actions because of factors beyond their control
as man’s freewill can be influenced and dictated by physical, psychological and
environmental conditions.
•The basis of Criminal liability is the sum total of nature, environment and economic factor
that an offender is exposed to.
•The purpose of punishment is correction and reformation
•Advocated by Cesare Lombroso.
 Ancient Forms of Prison Discipline
1.Hard Labor – productive works
2.Deprivation – deprivation of anything except the essentials of existence.
3.Monotony – requiring prisoners to do same boring daily routine.
4.Uniformity - fault of one is the fault of all.
5.Corporal punishment – imploring brutal punishment
6.Isolation or solitary confinement – non-communication, limited news, lone wolf.
7.Degradation - Uttering insulting words or languages on the part of prison staff to the
prisoners to degrade or break the confidence of prisoners.
 Ancient Forms of Punishment
■ 1.Death Penalty – by burning, beheading, hanging, breaking, at the wheels, pillory and
other forms of medieval executions.
■ 2.Physical Torture – By maiming, mutilation, whipping and other inhumane or
barbaric forms of inflicting pain.
■ 3.Social Degradation – Putting the offender into shame or humiliation.
■ 4.Banishment or exile – Sending or putting away of an offender which was carried out
by prohibition against coming into a specified territory such as an island to where the
offender has been removed.
 Contemporary Forms of Punishment
1.Imprisonment – Putting the offender in prison for the purpose of protecting the public
against criminal activities and at the same time rehabilitating the prisoners by inquiring
them to undergo institutional treatment.
2.Parole - A conditional release of a prisoner after serving part of his/her sentence in prison
for the purpose of gradually re-introducing him/her to free life under the guidance and
supervision of a parole officer.
3.Probation – A disposition whereby a defendant after conviction of an offense, the penalty
of which does not exceed six years imprisonment, is released subject to the conditions
imposed by the releasing court and under the supervision of a probation officer.
4.Fine – An amount given as a compensation for a criminal act.
5.Destierro – The penalty of banishing a person from the place where he committed a
crime, prohibiting him to get near or enter the 25-kilometer perimeter.
 HISTORY OF PRISONS
■ 1750 BC in Babylonia
■ Concept of Justice known as “Lex Taliones” meaning an eye for an eye and a tooth for a
tooth.
■ However, not everybody is equal, justice is based among social classes.
■ Imposes stiffer punishment against members of the upper class than against offenders
coming from the lower rungs of society.
 Mosaic Code
■ Only punishment that is largely based on the Bible.
■ Carried restitution because it allows offender and the victim to come to a settlement and
to have such settlements before a legal authority.
■ Allowed extreme punishments such as flogging or burning alive.
■ However, accused are entitled to freedom from torture and admission of guilt is
admissible only when there is confirmatory testimony from another witness.
■ Most of American and European civil and criminal justice system is based on the
Mosaic law.
 King Ur-Nammu’s Code
■ •Deferred the imposition of execution, mutilation or other savage penalties.
■ •It holds the principle that offenders can be punished and at the same time compensate
the victims by reimbursing/paying whatever what victim suffered as a result of the
crime.
■ •Earliest practice of Restorative Justice.

WHAT IS RESTORATIVE JUSTICE?

•The emerging trend in criminal justice as it aims to re-establish the lost relationship
between the involved parties in the crime.
•The goal is for them to share their experience of what happened, to discuss who was
harmed by the crime and how, and to create a consensus for what the offender can do to
repair the harm from the offense.
WHAT IS RESTORATIVE JUSTICE?

• This may include a payment of money given from the offender to the victim, apologies
and other amends, and other actions to compensate those affected and to prevent the
offender from causing future harm.
•Opposite of Retributive Justice which focuses more on the punishment of crime.
 Nicomedian Ethics
•Founded in Greece around 400 BC by Aristotle.
•“Punishment is a means of restoring a balance between pain and pleasure.”
•Greek form of punishment includes stoning to death, burning alive and breaking on the
wheel.
•The Greeks were also the first society to allow any citizen to prosecute the offender under
the name of the state.

Greek Code of Draco

•A harsh code that provides the same punishment for both the citizen and slave as it
incorporates primitive concepts.
•Was enforced in ancient Greece in the 7th century.
 The Burgundian Code
•Specified punishment according to social class of offenders, dividing them into: nobles,
middle class and lower class and specifying the life of each person according to social
status.

Important Terminologies
Gaol - is the word for jail in England during the old times.
Hulks – were abandoned or unusable ships which were converted into prisons as a means
of relieving prison congestion when transportation of prison was abandoned in England.
Known as “Floating Hells”
Galleys – Ships used for transportation to penal colonies.
 History of Correction in Europe
Bridewell - a term for house of correction which were used for locking up, whipping
beggars, prostitutes. The institution was built around the acceptance of value of work
and formulation of habits of industry. Also known as the England’s first House of
Correction.

Jeremy Bentham and the Panopticon

•The greatest leader in the reform of English penal laws.
•He believes that whatever punishment is designed to negate whatever pleasure or gain the
criminal derives from the crime, the crime rate would go down. (Utilitarianism)
•The Panopticon prison was a prison that consists of a large circular building containing
multi-cells around the periphery allowing the guards to observe the prisoners while they
are in their cells.
THE PANOPTICON PRISON
 Mamertime Prison
•The only early Roman place of confinement which is built under the main sewer of Rome
in 64 B.C.
 HISTORY OF AMERICAN PRISON
The Walnut Street Jail
Considered as the first American penitentiary.
Use of imprisonment through solitary confinement as the method of combatting crime was
established using large rooms for inmates.
Effort to reform those in prison and to segregate according to age, sex and the type of the
offenses charged against them.
Two Rival Prison System
in the U.S.A.
1.Auburn System
2.Pennsylvania System
 The Auburn System
•Individual cell-blocks to create an environment to rehabilitate and reform and to separate
them from all contact with corruption while teaching them moral habits of order and
regularity by means of severe discipline.
•Prisoners are confined in single cells at night and work in congregate shops during the day.
•During the morning inmates worked 10 hours a day for six weeks.
•Main proponent was Elam Lynds
•Also known as “Congregate System”.
 The Pennsylvania System
•Each cell had a small exercise area to allow prisoners to maintain physical and mental
uprightness.
•Prisoners are confined in single cells day and night where they lived and received religious
instructions as reading the Bible was compulsory.
•Because prisoners were driven mad by the isolation and soon enough thus system resulted
in substantial increase in suicide and insanity.
•Also known as “Solitary System”.
 Sing-Sing Prison
Became infamous all over the world and was the plot of many movies of the sing sing bath.
The shower bath was a gadget so constructed as to drop a volume of water on the head of
locked naked offender. The force of icy cold water hitting the head caused so much pain
and shock that prisoners immediately sank into comas.
The bath became frequent when flogging was declared illegal.
 The Age of Enlightenment
•18th century
Is the period of recognizing the human dignity. It is the movement of reformation, the period of
introduction of certain reforms in the correctional field by certain person gradually changing
the old philosophy to a more humane treatment of prisoners with innovative programs
The Reformers
1.William Penn – He is the first leader to prescribe imprisonment as correctional treatment for
major offenders and the abolition of death penalty.
- known as the “great prison reformer”
- concept of diversification.
2. Charles Montesiquieu – He believed that harsh punishment would undermine morality and
that appealing to moral sentiments as a better mans of preventing crime.
3. Voltaire – He believed that fear of shame was a deterrent to crime and fought the
legality of sanctioned torture.
4. John Howard – The sheriff of Bedfordshire, England who devoted his life and fortune to
prison reform. He recommended then following:
a. single cells for sleeping
b. segregation of women and youth
c. abolition of fee system for which jailers obtained money.
Alexander Maconochie – Introduced the “Mark System” in Australia. A system in which
prisoner is required to earn a number of marks based on good behaviour, labor and
study to entitle him for ticket of leave which is equivalent for parole.
6. Manuel Montesimos – divided the number of prisoners into companies and appointed
certain prisoners as petty officers.
7. Domets of France – established an agricultural colony for delinquent boys.
8. Sir Evelyn Ruggles Brise – Opened the Borstal Prison. It was considered to be the best
reform institution for young offenders today.
9. Walter Crofton – Introduced the Irish system. The equivalent of Mark System.
10. Zebulon Brockway – Director/Superintendent of Elmira Reformatory. It introduced
programs like the following: compulsory education for prisoners, extensive use of
casework and parole.

The Elmira Reformatory

•Considered as the forerunner of modern penology because it had all the elements of a
modern system.
•Started Parole in the U.S. in 1876. After a 12 month record of good conduct, a prisoner is
already eligible for parole at Elmira.
The Elmira Reformatory
 Is Classification and Diversification the
same?
Classification
•A method by which diagnosis, treatment, planning and execution of treatment programs
are decided in individual cases.
•Assigning the appropriate programs according to the needs and existing resources.
Diversification
Deals with the separation of PDL/inmate according to age, sex, medical condition and
degree of custody. (ASID)
 Five (5) Major Deployment of Prisoners

1.Northern Industrial Prison

•Located in the Northern part of the United Sates.
•The prisoners are made to perform labor to earn revenues for the upkeep of the facility and
profit for state treasury.
•Uses three methods to benefit from prison labor: a) contract b) state account c) state-use
Contract System
•Prisoners are hired out to businessmen or corporations on a daily basis for a set of fee per
head.
State Account
•Contractors provide the raw materials and pay the state on a per-piece price of each item
produced or manufactured.
State Use System
•More risky venture but brings bigger profit if managed properly by the state.
•State operates the business itself in all aspect, construct the factory, buys all the raw
materials and handles the marketing.
•State government then gets to keep all the profits earned and absorbs all the losses if it is
clumsily handled.
2.Southern Agricultural Prison
•Located in the agricultural deep South of United States.
This prison posses vast landholdings and uses prison labor to produce agricultural
products.
•The harvest accrue to the benefit of the state government where a part of income is used to
finance operating cost of the facility. The plantations have minimal
facilities, therefore, inexpensive to operate.
Implementation of “trustees”. The main purpose is to utilize minimal-
supervision convicts whose services of guarding
3.Chain Gangs
•Originally used on black inmates.
•Prisoners were brought out from penal institutions and made to work in reconstruction
projects that were damaged in the Civil War.
•To secure prisoners against escape when they are working far from the penal institutions,
they were chained together.
 The Sweat Box
•Prisoners were put into a steel box in the hot sun were used as punishment.
•In the Philippines it is locally called “plantsa”
 4.Custody Oriented Prison
•Main goal is prison security and the prevention of escapes and riots.
•Prisoners are punished by confining them only to their cells and isolating them from the
rest of society.
•At present, this approach in Super Maximum and Maximum facilities where the occupants
are hardened criminals who are likely to escape when given a little freedom of
movement.
•The bad side of this approach is many prisoners become bored, irritable and excitable. In
this type of prison, riots generally occur.
 5.Treatment Oriented Prison
•Main goal is prison security and the prevention of escapes and riots.
•Prisoners are punished by confining them only to their cells and isolating them from the
rest of society.
•At present, this approach in Super Maximum and Maximum facilities where the occupants
are hardened criminals who are likely to escape when given a little freedom of
movement.
•The bad side of this approach is many prisoners become bored, irritable and excitable. In
this type of prison, riots generally occur.
 4. The Treatment Oriented Prison
•Forerunner of Furlough Program in the U.S. thru the Huber Act in Wisconsin.
•Involves a whole array of educational, vocational, counselling and other services.
•In some well-off penal facilities treatment programs were individualized to suit
specific treatment for every inmate.
Furlough Program
•Is when a prisoner is allowed to leave prison and then return. Furloughs can be escorted or
unescorted. When the prisoner has to be accompanied by guards, often he is required to
pay for these expenses of the furlough.
•There is some evidence that furloughs reduce recidivism, although there have also been
high-profile cases in which furloughed prisoners committed crimes while on furlough,
or returned late or remained at large.
 Corrections Corporation in America
(CCA)
•Dubbed as “Private Prison”.
•One of the first company to privately operate correctional facilities.
•The movement towards privatization of prisons is slowly emerging to serve as a lower cost
in operations.
•Today, prisons have started to privatize its operations such as: food, psychological testing,
trainings for inmates and security.
Stages in the History of Corrections
1.Age of Reformation
2.Age of Rehabilitation
3.Age of Reintegration
FIN/END