CORRECTION PILLAR POWERPOINT REVIEWER.PPTX

Correction pillar

1. CORRECTION FOURTH PILLAR OF CRIMINAL JUSTICE SYSTEM

2. Philippine Correctional two (2) Systems Based Approach 1. Institution based 2. Community based

3. PRIMARY SCHOOLS OF PENOLOGY 1. Classical School – the doctrine of psychological hedonism or freewill. 2. Neo-Classical School – children and lunatics must be free from punishment. 3. Positivist/Italian School – denied individual responsibility and reflected on positive reactions to crime and criminality.

4. Institutional Programs 1. Inmate work program 2. Health care 3. Education and skills training 4. Recreation and Sports 5. Religious guidance and behavior modification using the therapeutic community approach.

5. Community Based Correctional Programs 1. Probation 2. Parole 3. Pardon Similar measures includes: (1) Amnesty (2) Commutation of Sentence (3) Reprieve (4) good conduct time allowance (5) Special Time allowance and (6) Special time allowance for mentoring and education

6. EXECUTIVE CLEMENCIES (PARC) Pardon – is a form of executive clemency granted by the President as a privilege extended to convicts as a dictionary act of grace.

7. Absolute Pardon refers to the total extinction of the criminal liability if the individual to whom it is granted without any condition whatsoever and restores to the individual his civil rights and remits the penalty imposed for the particular offense of which he was convicted. Conditional Pardon – refers to the exemption of an individual, within certain limits or conditions; from the punishment that the law inflicts for the offense he has committed resulting in the partial extinction of his criminal liability. It is also granted by the President of the Philippines to release an in ma te who h a s been refor m ed but is not eligible to be release on parole. TYPES OF PARDON

8. Pardon: Its effects Pardon is an executive clemency given by the president to those recommended convicted offenders. - Pardon shall not restore the right to hold public office except when expressly restored. It shall not also exempt civil liability. - Pardon cannot be exercised in case of impeachment, judgment is not yet final and cases involving violation of election law.

9. Amnesty – A s peci a l form of pardon exercised by the President. A m nesty is a gener a l pardo n ex te nded to a certain class of people who are usually political offenders. While pardon is likewise issued by the President and is also political nature, it is an exclusive act of the President where the C o u rts and Congress has no say wha t soev e r.

10. Reprieve – is also another prerogative exercised by the President. Generally, it is applied to death sentences already affirmed by the Supreme Court. But it can also be invoked in other cases that have become final. Reprieve is the temporary stay of the execution of a sentence... Communication of Sentence – refer to the reduction of the duration of a prison sentence. It is another prerogative of the President. It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term. Death sentences or life imprisonment reduced to a shorter sentence...

11. Probation law of 1976 (PD. #968) A law that grants another early release program known as probation. Probation is a disposition under which a defendant after conviction and sentence is release subject to the conditions imposed by the court and to the supervision of probation officer. - It is filed w/in the period for perfecting an appeal which is 15 days from promulgation of judgment.

12. - The filling for probation is a waiver on the right to appeal. - An order denying or granting probation is not appealable. - The violation of the condition on probation warrants the arrest of the probationer and he will order to serve the penalty as originally imposed.

13. - The period of probation do not exceed 6 years if the accused is penalized to serve more than 1 year of imprisonment and do not exceed 2 years if penalized for less than 1 year.

14. Disqualification under PD 968 1. Sentence to serve more than 6 years 2. Convicted of any crimes against national security or public order. 3. Previous conviction for an offense, the penalty of which is light in nature. 4. Once place on probation 5. Who appealed except for minor who can still avail of probation. (9344) 6. Convicted of drug trafficking or drug pushing 7. Convicted of election offenses

15. Indeterminate sentence law (ACT. #4103) It is a sentence with a minimum term and a maximum term which, the court is mandated to impose for the benefit of a guilty person. Commonly known as the ISLAW . - Indeterminate sentence law also entitles the convicted offender to be released on parole. Parole is the early release program given to qualified offenders who had serve the minimum term of their sentence.

16. PAROLE VS. PROBATION Granting authority PAROLE PROBATION BPP Court Period of supervision Unexpired portion of the sentence Not more that 2 years or not more than 6 years, in case of subsidiary imprisonment twice as such period Time for application After serving the minimum sentence Before serving the sentence within the period for perfecting an appeal Governing law Act #4103 PD #968

17. PAROLE VS. PROBATION Effect of violating condition PAROLE PROBATION Serve the unexpired portion as originally imposed Serve the sentence as originally imposed Supervising officer Parole officer Probation officer Effect for application No effect on the rights of the convicted offender Waiver on the right to appeal Number of times granted twice once

18. PAROLE VS. PROBATION VS. PARDON Granting authority PAROLE PROBATION PARDON BPP Court President Period of supervision Unexpired portion of the sentence Not more that 2 years or not more than 6 years, in case of subsidiary imprisonment twice as such period Not applicable if the pardon is absolute Time for application After serving the minimum sentence Before serving the sentence within the period for perfecting an appeal Anytime after conviction or while serving the same Governing law Act #4103 PD #968 Constitutional

19. PARDON VS. AMNESTY Granting authority President Concurrence of President and Congress Effect of the grant Is an act of forgiveness It looks forward and forgives the offender Is an act of forgetfulness It look backward and forget traces of criminal charges Time for the grant Granted after partial or complete service of sentence Granted even without yet judgment and before conviction As to whom given Given to individual offenders Given to class of offenders

20. PAROLE VS. PROBATION VS. PARDON Effect of violating condition PAROLE PROBATION PARDON Serve the unexpired portion as originally imposed Serve the unexpired portion as originally imposed Serve the unexpired portion as originally imposed Supervising officer Parole officer Probation officer None if pardon is absolute, the same officer if conditional Effect for application No effect on the rights of the convicted offender Waiver on the right to appeal No effect on the rights of the convicted offender Number of times granted twice once President’s discretion

21. GCTA – Reduction of sentence for good behavior granted by prison director or warden.

22. GOOD CONDUCT AND TIME ALLOWANCE Is a deduction from prisoner’s sentence as provided in Article 97 Revised penal code for good conduct in any penal institution? Good Conduct entitles the inmate to the following deductions from his sentence. In first two years of incarceration, 5 days deduction for each month of good behaviour . 5x12=60 days 2 months From the 3 rd to 5 th year, 8 days reduction for each month of good behaviour : 12x8= 96 days 3 months From 6 th year to 10 years: 10 days deduction for each month of good behaviour and 12x10= 120 days 4 months From the 11 th year, 15 days deduction for each month of good behaviour . 12x15= 180 days 6months

23. STA – reduction of sentence granted after the escapee from prison returned within 48 hours from the end of the calamity or emergency. Applicability = during destructive calamity (ex: typhoon, earthquake, tsunami, volcanic eruption, war, terrorism and arson) Purpose: life preservation Art 98, RPC – return within 48 hours after calamity = - 1/5 from maximum