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Understanding Pardon Types and Processes

This document is a learning module for a course on non-institutional correction at Hercor College. It provides an overview of topics to be covered in the module including pardon, amnesty, and commutation of sentences. The module will focus on executive clemency and community-based corrections programs. Students are expected to complete assigned readings, discussions, and exercises to evaluate their comprehension of the subject matter.

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0% found this document useful (0 votes)
62 views11 pages

Understanding Pardon Types and Processes

This document is a learning module for a course on non-institutional correction at Hercor College. It provides an overview of topics to be covered in the module including pardon, amnesty, and commutation of sentences. The module will focus on executive clemency and community-based corrections programs. Students are expected to complete assigned readings, discussions, and exercises to evaluate their comprehension of the subject matter.

Uploaded by

Johnjohn Dejuan
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

HERCOR COLLEGE

Km. 1 Lawaan, Roxas City, Capiz 5800


College of Criminal Justice Education
ACADEMIC YEAR 2021-2022

Department: COLLEGE OF CRIMINAL JUSTICE EDUCATION Course Code: CORAD102


Name of Instructor: SHEVE MAE BONETE, RCrim. Schedule: ____________
Course Descriptive Title: NON-INSTITUTIONAL CORRECTION Semester: 2ND

Name of Student: ________________________________________ Year and Section:


Student ID Number: ______________________________________ Contact Number:
Email Address: __________________________________________ Contact Number:

NON-INSTITUTIONAL CORRECTION LEARNING MODULE

Course Description:
The course will primarily focus on the different form, types or kinds of Non-Institutional Correction/
Community Based Corrections/ Non Confinement Corrections. It includes the different methods, forms,
types or kinds of clemency. The process of the grant, revocation, cancellation, or disqualification of the
party concerned as provided in the law, rules guidelines or manual.

OVERVIEW PAGE

OVERVIEW
 This week you will study the Pardon, Concept and Definition, the two kinds of Pardon, Legal Effects of
Pardon, Amnesty, Commutation of Sentence and the Future of Corrections.

Along with these concepts, you will encounter work exercises that will gauge and evaluate your learning
and comprehension regarding the subject matter. Materials for your references are also available and
attached in this module. For this week, you are expected to gear yourself with the basic understanding of
the course in preparation for a larger scope of commitment to learn institutional Correction.

CHAPTER 5 PARDON AND OTHER FORMS OF EXECUTIVE CLEMENCY


 Pardon, concept and definition
 Pardon
 Two (2) kinds of Pardon
 Legal Effects of Pardon
 Amnesty
 Commutation Sentence
 Work Exercises

GENERAL OBJECTIVE: At the end of the semester, the students must be able to:

 Identify the Executive Clemency


 Discuss the general guidelines for recommending Executive Clemency
 Distinguish the Community Based Programs
 Evaluate Parole and Probation Administration’s other special programs to current situation

Weekly Schedule
This week, we will utilize blended learning method. Upon receiving this learning module, you shall be
guided with the lessons, discussions, and tasks need to be completed. On the “DISCUSSIONS” part of this
module is for your advance reading, make sure to read and understand the provided notes and feel free to
use books or online references provided therein. I will be posting the Initial Discussions in the GOOGLE
CLASSROOM/GROUP CHATs per section this weekend.
CHAPTER 5: PARDON AND OTHER FORMS OF EXECUTIVE CLEMENCY

PARDON
Section 19, Article VII of the 1987 Constitution:
“Except in cases of impeachment or as otherwise provided in this Constitution, the President may grant
reprieve, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the members of the
Congress.

PARDON, CONCEPT AND DEFINITION

Pardon- is a form of executive clemency which is exercised by the Chief Executive. It is an act of grace and
the recipient of pardon is entitled to it is a matter of right. The exercise of pardon is vested in the executive,
is discretionary and is not subject to review or judicial notice by the court. Neither does the Legislative
Branch of Government have the right to establish condition nor provide procedures for the exercise of the
same. Hence, it is vulnerable for abuse by the executive.

- Pardon begun form the Pre-Christian Era. In fact the Holy Bible contains an
illusion where a criminal was released and pardoned by the King at the time Christ
was crucified. The exercise of Pardoning Power has always been vested in the
hands of executive branch of the government whether a king, queen, president or
governor.

In England, pardon developed out of the conflict between the King and the Nobles who threatened his
power. Pardon was applied to members of the Royal family who committed crimes, and occasionally to
those convicted of offense against the royal power. It was the general view that the pardoning power was
the exclusive prerogative of the King.

In the United States, pardon among early American colonies was a carry- over of English practice. The
Pardoning power was exercised by the Royal Governor through the power delegated by the King. After the
declaration of independence, the Federal and state constitutions vested the pardoning power on the
president of the United State and the Governors in Federal and State cases respectively.

Is the Pardoning of the President Absolute?

No. The Constitution itself provides for limitations to wit:

1. Pardon cannot be granted in cases of impeachment (Section 19, Article VII of the 1987
Constitution). In a very strict sense, an impeachment proceeding is not judicial proceeding neither
criminal prosecution and therefore beyond the ambit of pardoning power. But when the government
official is already impeached from his office and latter on charged and convicted criminally in an
ordinary criminal action, the President may extend pardon to him.
2. No Pardon can be granted for violation of any election laws, rule and regulation without the
favorable recommendation of the Commission on Election (Section 5, Article IX (C). This provision
is a good guard for the president in exercising this power in favor to her political party mates who
violated election laws for her to win the presidency.

Under Section 5 of the General Guidelines for Recommending Executive Clemency which is
approved and released by the Department of Justice on June 26, 2003 provides among other that:

“The Board of Pardons and Parole shall refer matters pertaining to executive clemency for
comment and recommendation as follows:
a. To the Commission on Elections, if it involves violation of election laws, rules and regulation.
b. To the Secretary of National Defense and Secretary of Interior and Local Government, if it
involves crimes against national security or public order or the law of nations, and
c. To the Department of foreign Affairs, if the prisoner is an alien.
It is worth to note that in the cases of number 2 and 3, the President may disregard these
because it is not belong to the Constitutional limitations in exercising pardon.

3. Pardon can be granted only after conviction by final judgment.


There is no room for pardon when the case has not yet reached its finality. In the case of former
President Estrada, his appeal form the Judgment of Sandiganbayan was withdrawn to make it final
and for him to avail the privilege of pardon.
4. Pardon must yield to the Doctrine of Separation of Powers. A pardon cannot be extended to a
person convicted of legislative contempt, as this would violate said doctrine, or of civil contempt
since this would involve the benefit not of state itself but of the private litigant whose rights have
been violated by the persons declared in contempt.
it is also well settled that pardon cannot also be extended for the purpose of absolving the
pardonee of civil liability, including judicial costs, since again, the interest that is remitted does not
belong to the state but the private litigant. Pardon also will not restore offices forfeited.

Two (2) Kinds of Pardon

1. Absolute Pardon- Is one extended without any conditions or strings attached


- 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.
2. Conditional Pardon- is one under which the convict is oblige to follow certain conditions.
- 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 or pardon is considers a contract between the pardoning authority
and the pardonee hence; consent is indispensable for its validity.

PURPOSE OF ABSOLUTE PARDON

1. To do away with miscarriage of justice.


2. To keep punishment abreast with the current philosophy, concept or practice in the administration
of justice.
3. To restore full political and civil rights of the persons who have already served their sentence and
have waited the prescribed period.
4. To avoid political crisis or tumultuous political situation.

BOARD OF PARDONS AND PAROLE (BPP)

The Board of Pardon and Parole is the administrative arm of the President of the Philippines in the exercise
of his constitutional power to grant pardon.

The BPP is composed of seven (7) members all appointed by the President with the Secretary of Justice as
acting chairman. However in practice, one of the undersecretaries of Justice is serving as Acting Chairman.
The law requires that the six board members should include a sociologist, clergyman, an educator, a
lawyer, a penologist, and at least on (1) is a woman.

HOW TO AVAIL THE PRIVELEGE OF CONDITIONAL PARDON?

To avail of this privilege, a qualified inmate, his family or relatives, or upon recommendation of prison
authorities will file a petition for conditional pardon addressed to the President. The request will be
forwarded to the Board of Pardons and Parole, which will process the same before making their appropriate
actions.

FACTORS TO BE CONSIDERED BY THE BOARD OF PARDONS AND PAROLE IN RECOMMENDING


PARDONS TO THE PRESIDENT

In acting on petitions for pardon, the BPP shall consider, among others, the following:

1. Age of petitioner;
2. The gravity of the offense;
3. The manner in which it was committed; and
4. The institutional behavior or conduct and previous criminal record, if any of the petitioner.

However, the BPP may consider a petition for absolute pardon even before the lapse of the periods
provided by the guidelines, in special cases such as when the petitioner is seeking reinstatement in
the government service, needs to go abroad to undergo medical treatment which is not available in
the country, will take government or Bar examinations or is immigrating.

EXTRAORDINARY CIRCUMSTANCES

The Board shall recommend to the President the grant of executive clemency when any of the following
extraordinary circumstances are present;

a) The trial or appellate court in its decisions recommended the grant of executive clemency for the
inmate;
b) Under the peculiar circumstance of the case, the penalty imposed is too harsh compared to the
crime committed;
c) Evidence which the court failed to consider, before conviction which would have justified an
acquittal of the accused;
d) Inmates who were over fifteen (15) years but under eighteen (18) years of age at the time of the
commission of the offense;
e) Inmates who are seventy (70) years old and above whose continued imprisonment is inimical to
their health as recommended by a physician of the Bureau of Corrections Hospital and certified
under oath by a physician designated by the Department of Health;
f) Inmates who suffer from serious, contagious or life- threatening illness disease, or with severe
physical disability such as those who are totally blind, paralyzed, bedridden, etc., as recommended
by a physician of the Bureau of Corrections Hospital and certified under oath by a physician
designated by the Department of Health.
g) Alien inmates where diplomatic considerations and amity among nations necessitate review; and
h) Such other similar or analogous circumstances whenever the interest of justice will be served
thereby.

Other Circumstance

When none of the extraordinary circumstances enumerated in Section 3 exist, the Board may nonetheless
review and/or recommend to the President the grant of executive clemency to an inmate provided the
inmate meets following requirements of imprisonment:

A. For Commutation Sentence, the inmate should have served:


a) At least one-third (1/) of the definite or aggregate prison terms;
b) At least one-half (1/2) of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison terms;
c) At least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punished under Republic Act No. 7659 and other
special laws.
d) At least thirteen (13) years for inmates whose indeterminate and/or definite prison terms
were adjusted to a definite prison term of forty (40) years in accordance with the provisions
of Article 70 of the Revised Penal Code as amended;
e) At least fifteen (15) years for inmates convicted of heinous crimes /offenses as defined in
Republic Act No.7659 or other special laws, committed on or after January 1, 1994 and
sentenced to one (1) reclusion perpetua or one (1) life imprisonment;
f) At least eighteen (18) years for inmates convicted and sentenced to reclusion perpetua or
life imprisonment for violation of republic Act No. 6425, as amended, otherwise known as
“The Dangerous Drugs Act of 1972” or Republic Act No. 9165 also known as “The
Comprehensive Dangerous Drugs Ac of 2002”, and fro kidnapping for ransom or violation
of the laws on terrorism, plunder and transnational crimes;
g) At least twenty (20) years of inmates sentenced to two (2) or more reclusion perpetua or
life imprisonment even if their sentence were adjusted to a definite prison term of forty (40)
years in accordance with the provisions of Article 70 of the Revised penal code, as
amended;
h) At least twenty-five (25) years for inmates originally sentenced to death penalty but which
was automatically reduced or committed to reclusion perpetua or life imprisonment.

B. For Conditional Pardon, an inmate should have served at least one-half of the maximum of the
original indeterminate and/or definite prison term.

Notice of the Offended Party

In all cases when an inmate is being considered for executive clemency, the Board shall notify the offended
party, or, in the event that the offended party is unavailable for comment or otherwise cannot be located,
the immediate relatives of the offended party. Said person shall be given thirty (30) days from notice
comment on whether or not executive clemency may be granted to an inmate. Provided that, in matters of
extreme urgency or when the interest of justice will be served thereby, such notice may be waived or
dispensed with by the Board. In such a case, the Board shall explain the reason for the waiver of such
notice in the Board resolution recommending executive clemency.

Publication of Names of Those Being Considered for Executive Clemency

The board shall cause the publication once in a newspaper of national circulation the names of inmates
who are being considered for executive clemency. Provided however, that in cases of those convicted of
offense punished with reclusion perpetua or life imprisonment by reason of Republic Act 9346, publication
shall be once a week for three (3) consecutive weeks.

Any interested party may send to the Board written objections/ comments information relevant to the case
of inmates being considered for executive clemency not later than thirty (30) days from date of publication.

Provided that, in matters of extreme urgency or when the interest of justice will be served thereby, above
publication may be waived or dispensed with. In such publication, the Board resolution recommending
executive clemency.

When the pardon grantee fails to comply with the conditions of pardons

In case of violation of any provisions of the conditional pardon, the pardon itself is deemed invalidated and
the pardonee may be either recommitted by the president under the Administrative Code or prosecuted for
violation of conditional pardon under Article 159 of the Revised penal Code.

Under the Revised Penal Code, the penalty of prision correctional in its minimum period shall be imposed
upon the convict, except when the penalty remitted is higher than six years, in which event shall serve the
unexpired portion of his original sentence.
Revocation of conditional pardon by the President shall not to be reviewed by court

The determination of violation of conditional pardon rests exclusively in the sound judgment of the Chief
Executive and the courts will not interfere by way of review with any of its findings.

Legal Effect of Pardon

The legal effect of Pardon is to restore not only the convict’s liberty but also his civil and political rights.
However, in the case of Monsanto vs. Factoran, the Supreme Court declares that “pardon does not ipso
facto restore a convicted felon to public office necessarily relinquished or forfeited by reason of the
conviction although such pardon undoubtedly restores his eligibility for appointment to that office”.

Amnesty

The act of an authority (as government) by which pardon is granted to a large group of individuals. A
sovereign act of oblivion or forgetfulness (from Greek amnestia, “forgetfulness”) granted by a government,
especially to a group of persons who are guilty of (usually political) crimes in the past. It is often conditional
upon the group’s return to obedience and duty within a prescribed period.

Pardon Amnesty

 Pardon is granted by the Chief


 It is the proclamation of the Chief
Executive and therefore it is a
Executive with the concurrence of
private act which must be pleaded
the Congress, hence it is a public act
and proved by the person pardoned
which the court should take judicial
because the courts take no notice
notice.
thereof.

 Amnesty can be granted before or


 It can only be granted after after the institution of the criminal
conviction prosecution and sometimes after
conviction

 Granted to classes of persons


 It is granted to individual or communities who may be
guilty of political offenses

 Pardon looks backward and relieves the


offender from the consequences of an
offense of which he has been convicted. It  Amnesty looks backward and abolishes
abolishes or forgives the punishment, and and puts into oblivion the offense itself, it
for that reason it does not work the so overlooks and obliterate the offense
restoration of the right of suffrage, unless with which he is charge that the person
such rights be expressly restored by the released by amnesty stands before the law
terms of the pardon, and it no case precisely as though he had committed no
exempts the offender from payment of the offense.
civil indemnity imposed upon him by the
sentence.

Commutation of Sentence

The reduction of sentence for a criminal act by action of the executive head of the government. Like
pardon, commutation of sentence is a matter of grace, not of right; it is distinguished from pardon, however,
in that the conviction of crime is not nullified. The commutation, hence, may be granted on condition that
the criminal observe certain restrictions for the balance of his original sentence. Many states have statutes
providing for the commutation becomes a matter of right and may be enforced by court action.

Reprieve

- The act of postponing the enforcement of sentence, particularly a death sentence,


to allow an appeal.

Remit Fines and Forfeitures

- Prevents the collections of fines or the confiscations of forfeited property; it cannot


have the effect of returning property which has been vested in third parties or
money already in the public treasury.

EXERCISE NO.1

True or False: Write TRUE if the statement is correct and FALSE if it is not. (x2)

________1. Where the pardon is absolute the convicted persons 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.

_______2. The Parole and Probation Administration is the administrative arm of the President of the
Philippines in the exercise of his constitutional power to grant pardon.

_______3. The congress is empowered to establish condition or two provide procedures for the exercise of
the pardon by the President.

_______4. Pardon can be extended for the purpose of absolving the pardonee of civil liability, including
judicial costs, since again, the interest that is remitted does not belong to the state but to the private litigant.
Pardon also will not restore offices forfeited.

________5. Recommendation by the Secretary of National Defense and Secretary of Interior and Local
Government, it if involves crimes against national security or public order or the law of nations is required
before they can be grated pardon by the President.

CHAPTER 6: THE FUTURE CORRECTIONS

The Necessity of Collaborations with the Community

To ensure public safety is the desired outcome of the criminal justice system’s intervention in rehabilitating
offenders. For this reason, criminal justice practitioners must find and must continuously develop the most
effective ways in which this goal may be achieved.

New approaches of offender correction and rehabilitation will definitely produce different effects on the
components of the justice system. Current policies encourage these components to consider the impact of
their individual duties and responsibilities in the delivery of justice. Community-based correction is a critical
lynch pin in these efforts, responsible for effectively managing offenders while on probation, parole or
conditional pardon with parole conditions. As with other components and with community (internal and
external partners) has become increasingly critical to the accomplishment of community corrections’
mission of enhancing public safety by effectively rehabilitating offenders in the community.

If the primarily goal of community corrections is to achieve public safety through reduced recidivism by
effectively managing offenders within the community, then community corrections agencies must reach out
to collaborative partners. As more comprehensive approaches to supervising offenders are implemented in
the field, enhanced collaboration is required to provide the assistance and additional resources necessary
to promote offender success. For example, with the increased understanding and implementation of
integrated case management systems around the country, communication among criminal justice
professionals and community partners is more important than ever. Such new approaches to community
supervision require strong partnerships with the community (including the victim and offender).

Collaboration with institutional partners is also critically important, working with correctional officers and
institutional case managers to prepare an offender for reentry into the community. The issues facing
offenders upon release are numerous and often confounding- lack of housing, drug addiction, limited
employment options, limited education. To succeed, these needs must be considered and a plan put in
place before the offender is released. Such barriers to successful reintegration must be addressed through
partnerships with other practitioners, service providers, and community agencies.

Concept of Collaborative Justice with the Community and other Service Providers

Community corrections professionals cannot possibly, and should not expect to, address the complex,
needs of offenders independently. Other professionals must be involved to provide valuable information,
resources, and perspective that will help the offender to succeed in the community.

Collaborations goes beyond sharing of resources and exchanging information; collaboration requires that
community corrections officers, court officials, and community partners work closely with each to achieve
outcomes that would not be possible without the collaboration. Working with other criminal justice
professionals and community partners can result in supervision plans that address offenders need s more
effectively, resulting in the lower court caseloads and reduced violations and crime rate within the
community

It is also through collaboration with public, private, and community-based service providers that community
corrections can promote safer communities.

With whom should community corrections professionals collaborate?

The selection of collaborative partners is just as critical as the commitment to collaboration itself.
Collaborative partners should include those who have the authority to influence the outcome of the
problems at hand and have a demonstrated investment in doing so.

In a community- based corrections collaboration, law enforcement, counsel of the accused, prosecutors,
judges, court personnel, and others are important stakeholders in the success of offenders in the
community. Law enforcement is an important partners to community corrections in supervision efforts,
providing support to monitoring and enforcement activities. Prosecutors and counsel of the accused assist
by crafting effective sentencing strategies, and judges, through the imposition of conditions as part of their
sentencing decisions, provide the structure and tools that community corrections needs to manage
offenders successfully and promote offender success in the community.

Community and service providers play key roles in addressing effectively the complex social, behavioral,
and health issues that offenders face. Public and private treatment providers, including substance abuse
and mental health practitioners, victim’s rights organizations, and victim advocates can also provide
valuable resources and perspectives for supervising offenders. Government agencies providing housing
resources, workforce, training, educational assistance, and veterans’ benefits are also important partners in
finding solutions to the complex problems facing offenders in the community. Community and faith-based
partners (including willing employers, and local colleges and schools) can provide numerous resources. But
still the most important stakeholders are the offender and his or her family.
Time line of Sentencing Philosophies and Practices

Retributive Justice

(Past)

Restorative Justice

(Present)

Collaborative Justice

(Future)

Retributive Justice Restorative Justice Collaborative Justice


 Collaborative justice is a unique and
promising approach to criminal justice
that seeks to work toward the more
 Sometimes called
effective resolution of these problems.
reparative justice is an
Rather than relying on single agencies to
approach to justice that
solve their respective problems, it
focuses on the needs of
 Retributive Justice also recognizes that many criminal justice
the victims and the
known as punitive problems are systematic and requires a
offenders, as well as the
justice is a theory of coordinated and collaborative response
involved community,
justice that considers to the most pressing issues facing our
instead of satisfying
punishment, if justice system today.
abstract legal principles
proportionate, to be the  Collaborative justice partnerships- and
or punishing the
best response to crime. the ability to share in formation, develop
offender.
 When the offender common goals, and create compatible
 Victims take an active
breaks the law, she/he internal policies to support those goals-
role in the process, while
thereby forfeits or have significant potential to positively
offenders are
suspends her/his right to impact crime, increase public confidence,
encouraged to take,
equal value, and justice and reduce costs throughout the justice
responsibility for their
requires that this forfeit system.
actions, “ to repair the
be enacted.  Criminal justice professionals join forces
harm they’ve done- by
 Retribution is directed to analyze problems and create
apologizing, returning
only at wrongs, has responsive solutions; and judges, court
stolen money, or
inherent limits, is not administrators, prosecutors, defense
community service”.
personal, involves no attorneys, probation and parole
 Restorative justice that
pleasure at the suffering representatives, correction personnel,
fosters dialogue
of others, and employs victim advocates, law enforcement
between victim and
procedural standards officers, and public and private treatment
offender shows the
providers reach out to one another to
highest rates of victim
forge partnerships that will enable them
satisfaction and offender
to address complex medical, social,
accountability.
fiscal, and behavioral problems that pose
significant threats to the safety and well-
being of our communities.
Challenges of Collaborative Justice

The successful implementation of a collaborative justice approach often faces many challenges, including:

 The adversarial nature of the legal system;


 The competition for scarce resources;
 The political pressure faced by elected officials;
 The creation or existence of agencies that have overlapping, duplicative responsibilities; and
 The creation or existence of agencies that have missions that are incongruous.

The success of a collaborative team relies upon the desire and willingness of each participants to dedicated
themselves and their time to collaborative process; to set aside individual agency agendas in pursuit of a
shared and larger goal; and to recognize that collaborative justice is a long term process, requiring the
establishment and maintenance of solid collaborative partnership with other agencies and community
stakeholders. The long-term benefits of the collaborative approach-including a shared ownership of,
responsibility for, and success in solving justice system problems-will undoubtedly make the investment
worthwhile.

Organizations and Associations Related to Community Corrections

The International Community Corrections Association (ICCA)

In 1964, the International Community Corrections Association (formerly known as the International Halfway
House Association and, later in 1989 as the International Association of Residential and Community
Alternatives)held out first meeting in Chicago, IL with 30 people in attendance. Today, after more than 45
years, the ICCA represents more than 250 private agencies operating over 1,500 residential and
community alternative programs, in addition to 1,000 individual members nationally and abroad. Its
members offer a variety of programs and services which include:

 Community-based corrections centers


 Community corrections programs
 Education/ vocational services
 Drug testing and treatment
 Tutoring services
 Day reporting treatment
 Crisis intervention
 Family/ individual counseling
 Victim services supervision
 Bail supervision
 Home detention/electronic monitoring
 Neighborhood outreach
 Residential treatment
 Aftercare
 Transitional housing

The International Community Correction Association, as a private, non-profit, membership organization,


acts as the representative voice for residential and other community corrections programs. As such, it
expects of its members compassion, belief in the dignity and worth of human beings, respect of its
members compassion, a commitment to quality care for its clients. It requires of its members the
professional background, research and expertise necessary to ensure performance of effective quality
services delivered with integrity and competence. ICCA affirms that its primary goal is the successful re-
integration of the client into the community.

ICCA has been an affiliate of the American Correctional Association (ACA) since 1975; an affiliate of the
United Nations Alliance of Non-Governmental Organizations in Criminal Justice since 1982; the american
probation and parole association, the International Corrections and Prison Association and the National
Juvenile Justice Delinquency Prevention Coalition. In addition, ICCA liaises with several other national and
international community corrections organizations.
Involvement of Non-Government Organization (NGOs)

It cannot be denied that Non-Government Organization or private sector will play an important role in the
success of rehabilitating offenders in the community. These NGO’s can provide job opportunities to the
clients of community-based correction. We must understand that opportunities available for those clients
are a great help for their rehabilitation.

EXERCISE NO.2

Essay.

1. Discuss the nature and concept of collaborative justice.


______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Give the significance of research for the future of corrections.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. Discuss the importance of collaboration with the community for the success of correctional
programs.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4. Base on your own perception, what is the future of correction?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

Common questions

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Restorative justice focuses on the needs of victims and offenders, encouraging offender responsibility and reparations for harm caused, whereas punitive justice focuses on proportionate punishment as a response to crime and does not emphasize victim-offender dialogues or community involvement .

The Board of Pardons and Parole plays a vital role as the administrative arm for the President in executing the power to grant pardons. It regulates the consideration process for executive clemency, including publishing candidate names, allowing public objections, and explaining any waivers of the publication requirements .

Amnesty differs from a pardon because it not only abolishes punishment but also obliterates the legal offenses themselves, effectively making it as if the offender had not committed any crimes. In contrast, a pardon relieves the offender from the consequences of a conviction without nullifying the criminal act itself .

Collaborative justice initiatives face challenges such as the adversarial nature of the legal system, competition for scarce resources, political pressures, overlapping responsibilities among agencies, and the need for sustained commitment to shared goals over individual agency agendas .

A pardon does not absolve civil liabilities because these liabilities benefit the private litigant, not the state. Hence, pardoning such liabilities would impinge upon private rights, not within the jurisdiction of a pardon .

Community collaboration is crucial for community corrections as it helps effectively address complex social, behavioral, and health issues facing offenders. It brings together diverse stakeholders such as law enforcement, service providers, and family members which are instrumental in providing holistic support necessary for reducing recidivism and enhancing public safety .

The fundamental principle limiting the President in granting pardons is the Doctrine of Separation of Powers, which prohibits pardons in cases of legislative contempt and civil contempt as these would infringe upon the judicial branch's domain .

A violation of any provisions of a conditional pardon invalidates the pardon itself, allowing the pardonee to be recommitted by the President or prosecuted for violation under Article 159 of the Revised Penal Code .

The potential benefits of collaborative justice include the ability to effectively address systemic problems in the justice system, increase public confidence, reduce costs, and create shared solutions to complex issues that improve community safety and offender rehabilitation outcomes .

Violations of the conditions attached to a conditional pardon can lead to its revocation by the President. The courts do not intervene in this process as it is solely within the discretion and judgment of the Chief Executive .

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