Module 10.1: Introduction to Corrections (Philosophy of Punishment)
I. What is Corrections?
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Corrections: The variety of programs, services, facilities, and organizations responsible for the management of individuals who have been accused or convicted of criminal offenses.
Sa madaling salita, ito yung "third pillar" ng criminal justice system - yung parte na nag-manage ng mga taong nahatulan na ng korte. Kasama dito ang mga bilangguan (prisons at jails), probation, at parole.
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Penology: From the Latin poena, meaning "pain" or "suffering." Penology is the study of the punishment of crime and the management of correctional institutions.
Think of Penology as the "science of punishment" - parang yung pag-aaral kung paano natin dapat manageable at effective na parusa ang mga offenders. Criminology board exam lagi may tanong dito!
The Two Arms of Corrections
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Institutional Corrections: This involves the incarceration and management of offenders in a secured correctional facility.
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Jails: Used for the short-term detention of individuals awaiting trial (detention prisoners) and for those serving short sentences (usually less than 3 years).
Jail = maikli lang, 3 years or less. Pag nag-imagine ka ng provincial jail or city jail, yan yan - for short-term lang.
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Prisons (Penitentiaries): Used for the long-term confinement of individuals who have been convicted of serious crimes and sentenced to a lengthy period of incarceration (usually 3 years or more).
Prison = mahabang panahon, 3+ years. Think Bilibid, Iwahig - yan ang mga prisons para sa matagal na sentensya.
Board Exam Tip: Remember the 3-year cutoff! Jail (≤3 years) vs Prison (>3 years) - laging may tanong dito sa board exam!
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Non-Institutional Corrections (Community-Based Corrections): This refers to the supervision and treatment of offenders within the community, as an alternative to imprisonment.
Ang ibig sabihin, hindi ka pumasok sa loob ng kulungan pero may supervision ka pa rin. Mas humane at mas effective daw for rehabilitation.
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Probation: A sentence where a convicted offender is allowed to remain in the community under the supervision of a probation officer, subject to certain conditions.
Probation = alternative to imprisonment. Instead na makulong ka, allowed ka sa labas under supervision. Pero may conditions ka na dapat sundin!
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Parole: The early release of a prisoner from incarceration, subject to continued supervision and conditions.
Parole = nakulong ka na, pero pinakawalan ka ng maaga basta may good behavior ka. May conditions pa rin, at may parole officer na nag-monitor sa'yo.
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Pardons and Clemency: An act of executive grace that forgives an offender.
Ito yung "presidential pardon" - si President mismo ang nag-forgive sa crime mo. Hindi mo na need tapusin ang sentence mo.
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| Philosophy | Justification | Focus | Goal |
|---|---|---|---|
| Retribution | Offender deserves it (just deserts). | Past | Balance the scales of justice. |
| Deterrence | Fear of punishment prevents crime. | Future | Prevent crime (general & specific). |
| Incapacitation | Offender in prison cannot harm society. | Future | Protect the public. |
| Rehabilitation | Offenders can be cured/changed. | Future | Transform the offender. |
| Restoration | Crime harms victims & community. | Present/Future | Repair the harm. |
Conclusion
Corrections is the part of the justice system where the philosophical justifications for punishment are put into practice. The decision of what to do with a convicted offender—whether to punish, to treat, or to try to restore—reflects a society's deepest beliefs about the nature of crime and justice. The five major philosophies of retribution, deterrence, incapacitation, rehabilitation, and restoration provide the framework for this complex and often conflicting enterprise. Understanding these philosophies is the first step to understanding the purpose and function of every jail, prison, probation office, and parole board in the country.
Introduction
Corrections is the branch of the criminal justice system responsible for the custody, supervision, and treatment of persons convicted of a crime. It is the final pillar of the system, following law enforcement (the police) and the courts. The study of corrections, also known as Penology, examines the philosophies and practices that society uses to handle criminal offenders. This module will introduce the field of corrections and explore the five major philosophical justifications for punishment that underpin all correctional systems.
Key Learning Objectives:
- Define Corrections and Penology.
- Differentiate between institutional and non-institutional corrections.
- Identify and explain the five major philosophies of punishment.
- Compare and contrast the goals of retribution, deterrence, incapacitation, rehabilitation, and restoration.
II. The Five Philosophies of Punishment
Why do we punish offenders? The answer to this question has changed over time and continues to be debated. There are five main philosophical justifications for punishment.
Sa board exam, memorize the 5 R's of punishment! (Retribution, Rehabilitation, Restoration, Restitution - wait 4 lang pala R, dagdag mo Deterrence at Incapacitation). Actually, tandaan mo na lang: "Red Deer In Rehab Restored" = Retribution, Deterrence, Incapacitation, Rehabilitation, Restoration!
1. Retribution
- Core Idea: "An eye for an eye, a tooth for a tooth." Retribution is based on the principle of just deserts. The offender is punished because they deserve it.
- Focus: The past. The punishment is a moral response to the harm caused by the crime.
- Goal: To satisfy the public's demand for revenge and to ensure that the punishment fits the severity of the crime. It is about balancing the scales of justice.
- Not the same as revenge: Retribution is about proportionality and is carried out by the state, not by a private individual.
Retribution = "ganti" pero legal at proportional. Nakapatay ka? Dapat makulong ka ng matagal o death penalty. Nagnakaw ka ng cellphone? Dapat light sentence lang. Balanseng parusa base sa kasalanan. Hindi yung sobra-sobra.
Board Exam Tip: Retribution looks BACKWARD (past crime), hindi forward. It's about DESERT (karapat-dapat), not deterrence!
2. Deterrence
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Core Idea: Punishment is used to prevent future crime by frightening the offender and the public. It is based on the Classical School's idea that people are rational actors who will avoid pain.
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Focus: The future.
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Two Types of Deterrence:
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General Deterrence: Punishing an offender to make an example of them and to discourage others in the general public from committing the same crime.
General = "pampahalimbawa sa iba." Pag may public execution dati or nag-viral na na-sentensyahan ang isang tao, takot na yung iba gumawa ng same crime. Parang "wag kayong tutulong magnakaw, tingnan niyo nangyari kay X!"
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Specific Deterrence (Individual Deterrence): Punishing an offender to discourage them from committing more crimes in the future.
Specific = "para sa offender mismo." Pag nakaramdam ka ng sakit ng parusa, ayaw mo na umulit, diba? Parang bata na na-sapak, natuto na.
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Goal: To prevent crime through fear of punishment.
Board Exam Tip: General = society, Specific = offender. Both look to the FUTURE (para di na umulit ang crime)!
3. Incapacitation
- Core Idea: If an offender is in prison, they are physically unable to commit more crimes in the community.
- Focus: The future. It seeks to prevent future crime by removing the offender from society.
- Goal: To protect the public by locking up dangerous offenders.
Incapacitation = "isolation" strategy. Simple lang: Kung nakakulong ka, di ka makaka-snatch sa Divisoria, di ka makaka-holdap sa bangko. Physically impossible. Proteksyon ito para sa society.
- Modern Forms:
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Selective Incapacitation: The strategy of targeting high-rate or "career" criminals for long prison sentences.
Focus sa mga "repeat offenders" o career criminals. Parang "ikaw na naman?! Life sentence na para sa'yo!" Di na lang 5 years, 20+ years para siguradong di ka makakalabas agad.
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"Three-Strikes" Laws: A policy that gives a mandatory long-term prison sentence to an offender who is convicted of a third serious felony.
Three strikes = parang baseball. First offense, warning. Second offense, malaki na parusa. Third offense? OUT KA! Mandatory long sentence or life imprisonment. (Wala pa tayo nito sa Pinas, pero sa US meron.)
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Board Exam Tip: Incapacitation = PHYSICAL REMOVAL from society. Hindi siya about reform, purely about protection ng public!
4. Rehabilitation
- Core Idea: The belief that offenders can be "cured" of their criminal tendencies through treatment, education, and training. It is based on the Positivist School's view that crime is caused by underlying biological, psychological, or social problems.
- Focus: The future. It seeks to change the offender's behavior.
- Goal: To transform the offender into a law-abiding and productive member of society.
- Methods: Vocational training, educational programs, counseling, drug treatment, anger management therapy.
Rehabilitation = "pagbabago." Parang tingin natin sa criminal, "pwede pa siyang bumalik sa normal na buhay." Kaya sa loob ng kulungan, may school, may vocational training (welding, carpentry), may drug treatment programs. Hindi puro punishment, may pagkakataon ka rin to change.
- The Medical Model: Rehabilitation views crime as a "sickness" that can be treated. The prison is the "hospital," and the correctional staff are the "doctors."
Think of it like this: Kung may sakit ka, pupunta ka sa hospital para gumaling. Same daw with criminals - may "criminal sickness" sila, kaya sa prison (hospital) mo sila "cure" through therapy at programs. Optimistic approach ito!
Board Exam Tip: Rehabilitation is FUTURE-FOCUSED and based on the POSITIVIST SCHOOL (crime = caused by factors that can be treated). This was popular in the 1900s!
5. Restoration
- Core Idea: This is the newest philosophy. It views crime not just as an act against the state, but as an act that harms the victim and the community. The goal is to repair this harm.
- Focus: The present and the future. It seeks to heal the relationships damaged by the crime.
- Goal: To achieve a resolution that is satisfactory to all parties involved: the victim, the offender, and the community.
Restoration = "pagkakasundo" at "ayos." Hindi lang yung offender at state ang involved, pati victim at community. Parang "mag-usap tayo, paano natin ito aayusin para lahat masaya?" Very modern approach ito, popular sa indigenous communities.
- Methods (Restorative Justice):
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Victim-Offender Mediation: A facilitated meeting where the victim and offender can talk about the crime and its impact.
Imagine: Nakipag-usap yung nanakaw (offender) at yung ninakawan (victim) face-to-face. May mediator. Goal: maintindihan ang both sides, at mag-agree kung paano babayaran ang damage.
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Community Conferencing.
Same concept, pero mas maraming tao - family ng victim, family ng offender, community leaders. Parang "barangay settlement" pero mas formal.
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Restitution: The offender is required to pay back the victim for the financial losses caused by the crime.
Restitution = bayad or compensation. Kung ninakawan kita ng phone worth 20k, dapat bayaran kita ng 20k. Simple.
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Board Exam Tip: Restoration is the NEWEST philosophy (21st century). Focus: VICTIM + OFFENDER + COMMUNITY healing, hindi lang punishment!
Summary of Punishment Philosophies | Philosophy | Justification | Focus | Goal |
III. The Shifting Pendulum
Throughout history, the popularity of these different philosophies has swung back and forth like a pendulum.
- 18th-19th Century: Dominated by the classical ideas of retribution and deterrence.
- Early-Mid 20th Century: The rise of positivism led to a focus on rehabilitation and the "medical model."
- Late 20th Century: A perception that rehabilitation was failing led to a return to more punitive, "get tough" policies focused on retribution and incapacitation (e.g., the "War on Drugs," "three-strikes" laws).
- Today: There is a growing interest in evidence-based practices and restorative justice as alternatives to purely punitive approaches.
Most modern correctional systems are a hybrid of all five philosophies. A single prison sentence may be intended to satisfy the public's demand for retribution, deter others, incapacitate the offender, provide opportunities for rehabilitation, and include a restitution order to restore the victim.