JUSTIFICATION OF PUNISHMENT

SCHOOLS OF THOUGHT IN
CORRECTION
A. Pre-classical theories
Secular theory of punishment (Aristotle) —restoring the balance between pleasure and
pain, whereby the loss suffered by the victim is compensated by the suffering of the offender.
Judean-Christian theory — punishment has a redemptive purpose of repelling sin advocated
by the devil.
The rise of canonical courts (church’ court) - the church forbid its adherence to state court
and later in medieval period the power of state court decline and canonical court was mainly for
reformatory in purpose.
Individualization of punishment —the lawmakers and judges had the practical task of making
and administering law, but also face to face with indignation of the community at a particular
offense.
Abuse of judicial individualization — the law gave judges wide discretion to impose
additional penalties in view of the circumstances.
B. Classical school

- Considered man as a free moral agent therefore he is responsible for his acts.

- This theory came about as a direct result of two influences: 1. it came about as protest against the abuses of discretionary power of judges, 2. influenced by
the school of French philosopher and writer ROUSSEAU and his writings contained in his book “Social Contract”.

- Published a book “Crime and Punishment”

According to ROUSSEAU a people is free

when it is governed by its own laws.
Beccaria’s PROTEST was directed against the following:

• Arbitrary penalties given by judges.

• Uncertainty and obscurity of the laws.

• Defects in criminal procedure in admission of testimonies

• Secret accusations

• Torture

• Incrimination of witness

• Long pending cases

• Abuse power by rich against poor

C. Neo-classical school
- The judge was given discretion in certain crimes to vary punishments between the maximum and
minimum fixed by the law.
Significant contributions of Neo-Classical school
✓Exempting Circumstances
✓Reduction of punishment for partial freedom of the will only partial punishment
✓Punishment mitigating for lack of full responsibility
✓It represents the reaction against the severity of the classical theory of equal punishment
irrespectively of circumstances
D. Positive school
- Defined individual responsibility and reflected an essentially non-punitive reaction to crime and criminality.
- Criminal was held to be not responsible for his acts, he was not be punished.
THE HOLY THREE IN CRIMINOLOGY

Cesare Lombroso - according to Lombroso there are three great classes of criminals:

✓Born Criminals ( Atavism)

✓Insane Criminals
✓Criminaliods
Enrico Ferri – published in 1878 “ The Theory of Imputability and denial of freewill” and Criminal Sociology in 1884. Ferri
contributed to emphasis upon the social factors:

✓Physical factors, including geographical climate and temperature

✓Anthropological, including psychological
✓Social, including economic and political factors as well as gender, education and religion.

Raffaele Garofalo – according to him, crime can be understood only as it is studied by scientific methos. The criminal is not a free
moral agent, but is the product of circumstances. He traced roots of criminal behavior to psychological equivalents to stigmata
called “moral anomalies”.
E. Modern clinical school
- It studies the criminal rather than the crime.
Purposes/justifications of punishment
[Link]—the punishment should be provided by the state whose sanction is violated, to
afford the society or the individual the opportunity of imposing upon the offender suitable
punishment as might been forced. Offenders should be punished because they deserve it.
[Link] or atonement—it is punishment in the form of group vengeance where the
purpose is to appease the offended public or group.
3. Deterrence —punishment gives lesson to the offender by showing to others what would
happen to them if they violate the law. Punishment is imposed to warn potential offenders that
they can not afford to do what the offender has done.
4. Incapacitation and protection —the public will be protected if the offender has being
held in conditions where he cannot harm others especially the public. Punishment is effected
by placing offenders in prison so that society will be ensured from further criminal
depredations of criminals.
5. Reformation or rehabilitation —it is the establishment of the usefulness and
responsibility of the offender. Society's interest can be better served by helping the prisoner
to become law abiding citizen and productive upon his return to the community by requiring
him to undergo intensive program of rehabilitation in prison.
THEORIES JUSTIFYING IMPOSITION OF PUNISHMENT (PENALTY)
1. Prevention theory —the state must punish the criminal to prevent or suppress the
danger to the state arising from the criminal acts of the offender.
2. Self defense theory —the state has the right to punish the criminal as a measure of
self defense so as to protect society from the threat and wrong inflicted by the criminal.
3. Reformation theory —the object of punishment is to correct and reform the offenders.
4. Exemplary theory —the criminal is punished is to serve as an example to deter others
from committing crimes.
5. Justice theory—the crime must be punished by the state as an act of retributive justice
a vindication of absolute right and moral law violated by the criminal.
The two (2) rival prison system in the history of correction:

1. The auburn prison system

2. The pennsylvania prison system

Auburn system

The first prison to abandon the pennsylvania system was the new york
state prison at auburn. As a solution to the problem, auburn
introduced the congregate prison in silent system. Under this system,
prisoners worked, lived and ate together in silence. Whipping and hard
labor was given to prisoners to maintain the rule of silence
✓As prison system began to grow, solitary confinement of the
Pennsylvania system became very expensive to put-up and maintain.

✓The New York State Prisons change the concept of Pennsylvania system
as they pattern its concept of solitary confinement. Eighty-three (83)
prisoners of New York State Prison were place in small solitary cells on
December 24, 1821 and they were released in 1824. As a result, five (5)
died, one became insane, others attempted suicide and others were
seriously demoralized.
A study was being conducted, as to what prison system is effective.
According to Louis Dwight, auburn system is better because of its
lower cost and humane conditions. Louis resulted to simpler facilities
and the other needs of the prisoners were addressed. Gustave de
Beaumont and Alexis de Tocqueville stated that Pennsylvania system
was more conducive to reformation. Wherein inmates were
separated to avoid contamination, unlike the auburn which it is a
mass prison concept.
- Persons worked during the day and were kept in solitary
confinement at night, with enforced silence at all times.
- Modification of the Pennsylvania system of solitary confinement,
which it gradually replaced in the united states.
 • PENNSYLVANIA SYSTEM

Following the legacy of William Penn, the Quakers of

Pennsylvania transformed Philadelphia’s Walnut Street Jail into a
penitentiary in 1790. The first American Penitentiary

Prisoners were held in solitary confinement where they make

their repentance or self-punishment of the crime they committed.

Prisoners were allowed to work inside their cells and they are
not allowed to talk. This concept was called “Pennsylvania
System” which was also followed by other states in America.
- However, was soon modified to include the performance of work such as
shoemaking or weaving.
- The Pennsylvania system was superseded in the united states by the auburn
system.
- Solitary confinement, form of incarceration in which a prisoner is isolated
from other inmates.
- Suicide, depression and anxiety.
• Humane and religious principles were applied into the handling of
prisons. Rehabilitation and deterrents were its objectives in applying
these principles.

• The rehabilitation process was anchored on the teachings of the

bible; their solitary confinement was intentionally designed to avoid
contact with other inmates and staff to avoid contamination of
criminal behavior.
THE INDUSTRIAL PRISON
Six systems of inmate labor used:
• Contract system
materials were provided by private businesses its manufacturing process was supervised inside the
prison.
• Piece-price system
materials and the products are produced by the prisons and bought by the private businesses
• Lease system
prison institutions acting like labor firm or labor agency to private businesses that need manpower.
• Public account system
goods and products are owned and manage by the prison and sold it to the market.
• State-use system
prisoners provided the labor for state agencies.
• Public works prisoners worked in roads and highways construction
 THE TREATMENT ERA OF PRISONS

• Treatment era came after the world war II in 1940’s, this is based
on a medical model of corrections.
• This concept combined the correction, reformation and
behavioral treatment or psychiatric approach.
• Inmates are treated as “clients” or “patients” than offenders
• Individual treatment
the offender and the therapist develop a face-to-face relationship.
Most individual approaches depict the offenders as someone who has not
developed sufficiently to manage his own behavior effectively.

• Group therapy
relies upon the sharing of insights gleaned by process, making it clear
to the client the emotional basis of his or her criminal behavior.

• Ggi or guided group interaction

is a treatment strategy, which combines elements of individual
treatment, and group therapy.
• Behavior therapy was structured so as to provide rewards for approved behavior,
while punishing undesirable behavior.

• Chemotherapy – involved the use of drugs, especially tranquilizers, to modify

behavior.

• Neurosurgery – was used on highly aggressive inmates to control their destructive

behavior.

• Sensory deprivation – is sought to calm disruptive offenders by denying them the

stimulation, which might set off outbursts of destructive behavior.
• Aversion therapy – is through the use of drugs or electric shocks in an attempt to
teach the offender to associate pain and displeasure with a certain stimuli, which
previously led to criminal behavior.
AGRO-INDUSTRIAL PRISON

• Farming
• Technical and Vocational skills
• Industrial work
Jail
The word jail derived from the spanish words “jaulo” and
“caula” and french word “gaol”, which means a place of confinement
of persons convicted and sentence to imprisonment or of persons
awaiting trial to wo whom bail is not granted

It is a facility for temporary confinement of person awaiting

trial or those who cannot afford to bail, or those charge with capital
punishment where evidence is strong. These are confinement for
those serving short term sentences or a period of imprisonment less
than three (3) years.
Types of jail

1. Lock – up jail
A security facility common to police stations, used for temporary
confinement of an individual held for investigation.
2. Ordinary jail
The type of jail commonly used to detain a convicted criminal offender
to serve sentence less than three years or awaiting trial
3. Workhouses, farms or camp
A facility that houses minimum custody offenders who are short
sentences or undergoing constructive work programs.
 BJMP
REPUBLIC ACT NO. 6975

CHAPTER V BUREAU OF JAIL MANAGEMENT AND PENOLOGY

• Sec. 60. Composition. — The bureau of jail management and penology, hereinafter referred to as
the jail bureau, is hereby created initially consisting of officers and uniformed members of the jail
management and penology service as constituted under presidential decree no. 765.
“Providing for the constitution of the integrated national police and for other purposes”
Sec. 61. Powers and Functions. — The Jail Bureau shall exercise
supervision and control over all city and municipal jails. The provincial
jails shall be supervised and controlled by the provincial government
within its jurisdiction, whose expenses shall be subsidized by the
National Government for not more than three (3) years after the
effectivity of this Act.
 REPUBLIC ACT NO. 9263
"BUREAU OF FIRE PROTECTION AND BUREAU OF JAIL MANAGEMENT
AND PENOLOGY PROFESSIONALIZATION ACT OF 2004."

BJMP shall be respectively headed by a chief who shall be assisted by

two (2) deputy chiefs, one (1) for administration and one (1) for
operations, all of whom shall be appointed by the president upon
recommendation of the secretary of the DILG from among the qualified
officers with at least the rank of senior superintendent in the service:
provided, that in no case shall any officer who has retired or is retirable
within six (6) months from his/her compulsory retirement age.
Jail Officer I to Senior Fire/Jail Officer IV. – Appointed
by the Regional Director. The Chief of the Jail Bureau
for the national headquarters office uniformed
personnel, and attested by the Civil Service
Commission (CSC);

Jail Inspector to Jail Superintendent. – Appointed by

the Chief of the BJMP as recommended by their
immediate superiors, and attested by the CSC;
Jail Senior Superintendent. – Appointed by the
Secretary of the DILG upon recommendation of
the Chief of the BJMP with the proper attestation
of the CSC; and

Jail Chief Superintendent - Jail Director.-

Appointed by the President upon
recommendation of the Secretary of the DILG,
with the proper endorsement by the Chairman of
the CSC.
Municipal Jail Warden. – Should have the rank of Jail chief
inspector, who have finished at least second year
Bachelor of Laws or earned at least twelve (12) units in a
master' degree program in management, public
administration, public safety, criminology, penology,
sociology, national security administration, defense
studies, or other related disciplines from a recognized
institution of learning, and must have satisfactory passed
the necessary training or career courses for such position
as may be established by the Jail Bureau;
City Jail Warden. – Should have the rank of Jail chief inspector, who
must have finished at least second year Bachelor of Laws or earned
at least twenty four (24) units in master's degree program in
management, public administration, public safety, criminology,
penology, sociology, national security administration, defense
studies or related disciplines from a recognized institution of
learning and must satisfactory passed the necessary training or
career courses for such position as may be established by the Jail
Bureau: Provided, That in city jails with a population of one
thousand (1,000) or more inmates, the city jail warden shall the
rank and qualification of a district jail warden;
District Jail Warden, Provincial Jail Administrator, Assistant
Regional Director for Administration, Assistant Regional
Director for Operations and Regional Chief of Directorial
Staff. – Should have the rank of senior superintendent, who
must be a graduate of Bachelor of Laws or a holder of a
master's degree in management, public administration,
public safety, criminology, penology, sociology, national
security administration, defense studies or other related
discipline from a recognized institution of learning, and must
satisfactorily passed the necessary training or career courses
for such position as may be established by the Jail bureau;
R.A. 9263

“BFP and BJMP Professionalization Act of 2004”

March 10, 2004

R.A. 9592

AN ACT EXTENDING FOR FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR COMPLYING WITH
THE MINIMUM EDUCATIONAL QUALIFICATION.
May 8, 2009
BJMP MISSION:

THE BUREAU AIMS TO ENHANCE PUBLIC SAFETY BY PROVIDING HUMANE

SAFEKEEPING AND DEVELOPMENT OF INMATES IN ALL DISTRICT, CITY AND
MUNICIPAL JAILS.

BJMP VISION:

THE BJMP ENVISIONS ITSELF AS A DYNAMIC INSTITUTION HIGHLY REGARDED

FOR ITS SUSTAINED HUMANE SAFEKEEPING AND DEVELOPMENT OF INMATES.
BJMP CORE VALUES
➢ COMMITMENT
➢ RESPECT FOR HUMAN RIGHTS
➢ EFFICIENCY/COMPETENCE
➢ TEAMWORK
BJMP POWER BJMP MAJOR PROGRAM
BJMP FUNCTIONS
There are four (4) major
BJMP CORE COMPETENCIES programs under the mandate of
✓ Continuous skills enhancement BJMP and they are the following:
of personnel 1. Inmates custody, security
✓ Ability to establish linkages and and control program
Partnerships 2. Inmates welfare and
✓ Responsive Planning development program
✓ Timely decision-making 3. Decongestion program
✓ Expedient implementation 4. Good governance