CHAPT 1 AND 2 Flashcards
- It is known by majority of the authors in the field of criminology as the weakest pillar of criminal justice system because of its failure to reform and rehabilitate offenders.
correction
Death penalty was once imposed in our country but it was further abolished by virtue of
RA No. 9346.
- At the root of this principle is that one of the purposes of the law is to provide equitable retribution for an offended party so a person who has injured another person receives the same injury in compensation.
Lex Taliones
- These laws introduced the principle of the Eye for an Eye and the Tooth For a Tooth.
Lex Talionis
- English Magistrates initiated experiments to determine the possibility of reformation of some young and inexperienced offenders from the stigma of prison.
Early 19th century in England
- These laws also vested balance of justice by introducing money compensation to the victim. This was where fines and restitution came from.
Lex Taliones
the severity of the penalty of the offender depends upon the severity of the crime that he committed.
Lex Taliones
- Lex Taliones is, however, based in the policy of
proportionately
It is where probation was originated.
ENGLAND
- The need for supervision and assistance to those released was met by assigning the youthful offender to the care and guardianship of his parents or his employer with an occasional check on his progress by the police.
Early 19th century in England
- It was in the early years of 1481 when he made observations in Birmingham Court, he introduced the following beliefs in relation to offenders: Individuals are not fully corrupt; there is reasonable hope of reformation of offenders; and * If adults were given the chance as guardians of young convicts, they will be kind enough to take charge of the latter.
Mathew Davenport Hill
was considered as the “First Official Probation Officer.”
John Augustus
considered the father of probation in England.
Mathew Davenport Hill
known later as the “Father of Probation in the USA”, but others say that he is the “World’s Father of Probation.”
John Augustus
pioneering efforts to campaign for more lenient sentences for convicted criminals based on their backgrounds.
John Augustus
efforts are credited with the establishment of the Pre – sentence Investigation.
John Augustus
he is the “First Recognized Probation Officer in the United States.”
John Augustus
was born in 1785 at Burlington Massachusetts and moved to Lexington Green where he became a boot maker.
John Augustus
- He became prosperous and acquired large track of land which he conveyed to Lexington Academy to erect a school. Later on, he became a trustee in that academy.
John Augustus
- In 1827, Augustus moved to Boston and set up a boot shop at ___ near the Courthouse
Franklin Avenue
Augustus began to visit courthouse due to his active membership with the ____This society was formed in Boston in 1841 to promote temperance and to reclaim drunkards.
Washington Total Abstinence Society.
- He was concerned that poor drunks and offenders of petty crimes were receiving mandatory sentences that were not warranted by their backgrounds. This was because during that time, courts had been giving out sentences regardless of background of the defendant.
augustus
- In 1841, Augustus approached the Boston, Massachusetts police and court and persuaded them to let a _____ be left in his care instead of going to prison.
“common drunkard”
augustus: * The condition’s were that a fine needed to be paid and the offender must return before the court in
three weeks.
“probation” which he derived from the Latin word “______” which means “______-”
probare; to prove or to test
was a director of the Massachusetts Board of State Charities.
Gardner Tufts;
- He reported the result of probation in cases of juvenile offenders to the legislature so the latter authorized the city of Boston to appoint probation officer for adult offenders.
Gardner Tufts;
- The first practical probation was demonstrated
Massachusetts
- The first use of the term probation as a court service and the first law on probation was enacted.
Massachusetts
It became the First State to enact a probation law on April 21,1878 under the administration of Governor Alexander H. Rice
Massachusetts
he appointed and prescribed duties for paid probation officers. This probation was only applied to Minors
Governor Alexander H. Rice
was the second State to enact a general probation law.
Vermont
was the first to adopt a COUNTY (not country) PLAN, where each county court was required to appoint a probation officer whose duty was to investigate the accused at the request of any court.
Vermont
the general probation law in vermont
The Vermont Act of 1898.
was authorized to recommend that such persons, if convicted be placed on probation. * Probation was granted only after the suspension of execution of sentence.
vermont
was the third State to have a general type of probation law and it was known as The Act of 1899.
Rhode Island
- The Rhode Island was the third State to have a general type of probation law and it was known as
The Act of 1899.
empowered the Board of State Charities and corrections to appoint a State probation officer and additional probation officers; one of whom shall be a woman.
The Act of 1899.
- Probation was granted before the imposition of sentence and even without conviction.
Rhode Island
It was the first State to adopt the designation “COUNSELLOR” rather than “OFFICER”.
Rhode Island
- In 1899, the State of __ enacted laws giving probation to juvenile delinquents only.
Minnesota and Illinois
was the fourth State to pass a general probation law in 1900.
New Jersey
was the six States to establish its general probation law in 1903.
California
Two other States which followed were
Connecticut and Michigan.
was a Boston police captain who became America’s first paid probation officer in 1878.
Edward Savage
- Probation was first introduced in the Philippines during the American colonial period (1898–1945) with the enactment of ____ of the Philippine Legislature on August 7, 1935.
Act No. 4221
- This law created a Probation Office under the Department of Justice and provided probation for first time offenders who were 18 years of age and above who were convicted of certain crimes.
Act No. 4221
Probation Office is now called
Parole and Probation Administration.
- Unfortunately, there were defects in the law’s procedural framework so that, on November 16, 1937, the Supreme Court declared it unconstitutional in the case of People of the Philippines vs. Judge Jose Vera on the grounds of “undue delegation of legislative power” and violation of the “equal protection of the law”.
act 4221
- When Act 4221 was declared unconstitutional on November 16, 1937, a second attempt was made when then Congressmen ____ introduced House Bill No. 393 during their last months in Congress.
Teodulo C. Natividad and Ramon D. Bagatsing
- This bill avoided the objectionable features of Act 4221 that struck down the 1935 law as unconstitutional.
House Bill No. 393
the law was born on July 24, 1976. It was during the closing ceremonies of the First National Conference on a Strategy to Reduce Crime held at Camp Aguinaldo, Quezon City, that President Ferdinand E. Marcos signed Presidential Decree _____ otherwise known as the Adult Probation Law of 1976, in the presence of nearly 800 representatives of the country’s criminal justice system.
(P.D.) No.968,
PD 968 aka
Adult Probation Law of 1976
- The probation system started to operate on January 3, 1978. As more probation officers were recruited and trained, more field offices were opened. There are at present 204 field offices spread all over the country, supervised by 15 regional offices.
PD 968
is well – known because he was a former Congressman of 1st District Bulacan, a former Napolcom Chairman, author of drugs act of 1972 and Disability Act, and founder of probation in the Philippines.
Teodulo Natividad
The Father of Probation in the Philippines
Teudulo Natividad
- The earliest device for softening the brutal severity of punishment was the
benefits of clergy.
he in 13th century compromised the church and the State.
Henry II
- The members of the clergy who were brought before the kings court maybe claimed under the jurisdiction of the Bishop or Chaplain requesting him on the ground that he is subject to the _____ only.
ecclesiastical court
was a temporary withholding of sentence used by early English judges.
Judicial reprieve
- It is the withdrawing of a sentence for the period of time whereby execution is suspended either before or after judgment
Judicial reprieve
considered as the direct ancestor of Probation.
- Recognizance
- It originated from complying an obligation by making a promise to comply with a court order even if the offender is not yet convicted but likely to be convicted.
- Recognizance
- It included the promise to keep peace and be of good behavior.
- Recognizance
Principal method of disposing offenders to other countries
Transportation(Galleys)
The Law Establishing a Probation System, Appropriating Funds therefore and for other purposes. “Adult Probation Law of 1976”
PD 968
- An application for probation shall be filed with the trial court by a sentenced or convicted person within the period of perfecting an appeal which is within ____ from receipt of a copy of judgment of conviction.
fifteen (15) days
- The application for probation shall be in the form approved by the _____ as recommended by the _____ or as may be prescribed by the ____
Secretary of Justice; Administrator; Supreme Court.
