MID TERM Flashcards
- It is the process of suspending the sentence of a convict after having served the minimum of his sentence without granting him pardon, and the prescribing term upon which the sentence shall be suspended.
- refers to the conditional release of an offender from a correctional institution after he has served the minimum of his prison sentence (Legal Definition)
PAROLE
French word “PAROLE D’ HONEUR” meaning
“Word of Honor or Promise”.
- First man to use the word “PAROLE”.
- He used the word in a letter to the Prison Association of New York in 1869, after some American Prison Reforms who observed that the Irish Prison System paved the way for the approval of the law — creating Elmira Reformatory.
DR. Samuel Gridley Howe
- He is the Superintendent of the penal colony at Norfolk Island in Australia (1840) who introduced the Mark System that became the blueprint of modern day parole.
- He is considered as the father of modern penology.
- Father of Parole in Austrilia
Alexander Maconochie
- A progressive humane system in which a prisoner is required to earn a number of marks based on proper department, labor and study in order to entitle him for ticket for leave or conditional release which is similar to parole.
- Prisoners who earned a required number of marks are given a ticket of leave which is equivalent to parole.
- Fair disciplinary trial, built churches, distribute book and allowed play to be staged, permitted prisoners to find small garden and rehabilitation system.
Mark System
In 1837 the First Parole Law was passed in what State?
Massachusetts
(The equivalent of parole) after earning a certain required number of marks.
TICKET OF LEAVE
- He is the director of the Irish Prison in 1854 who introduced the Irish system that was modified from the Macanochie’s mark system.
- He is considered as the Father of Parole in Ireland (7)
Walter Frederick Crofton
(Forerunner of the American parole system) involved four
(4) stages:
- Strict Imprisonment-beginning with nine (9) months of solitary confinement
- a period in which convicts could earn marks through labor and good behavior,
- transfer to an open prerelease prison when they have accumulated the necessary number of marks a ticket of leave.
Irish System
- He was first introduced “Ticket of Leave” in 1801.
- The purpose is to reduce the burden of fledging colonial government of providing food from government limited from stores to the convicts who where being transported from UK to New South Wales
Gov. Philip Gidley King
- Father of Prison Reform in America
- First Superintendent of Elmira Reformatory in New York
- He introduced training school type, education for prisoners, solitary confinement for night and congregate workshop were adopted, extensive use of parole and indeterminate sentence
Zebulon Brockway
First reformatory and considered as the forerunner of modern penology because it had all the elements of a modern system
The Elmira Reformatory (1876 in Elmira, NY)
A type of custodial sentence that consists of a range of years (such as five to ten years) and not a fixed time
Indeterminate sentence
What grade are new prisoners initially classified under?
New prisoners are classified as SECOND GRADE upon admission.
How long does a prisoner need to exhibit good behavior in order to be promoted to the first grade?
A prisoner must exhibit good behavior for SIX (6) MONTHS to be promoted to the first grade.
What is the condition for a prisoner to be granted parole?
Parole is granted after a prisoner exhibits another six (6) months of GOOD BEHAVIOR while in the first grade.
What happens if a prisoner commits misconduct while in a higher grade?
If a prisoner commits misconduct, they will be demoted to the THIRD GRADE.
How can a prisoner who has been demoted to the third grade return to the second grade?
A prisoner can be reclassified to the second grade after showing GOOD CONDUCT for one (1) month.
Is the Indeterminate Sentence Law, which took effect on 5 December 1933 and currently still enforceable. This law is responsible for the establishment of the parole system in the Philippines and the Board of Pardons and Parole, which is tasked to administer the parole system.
Act No. 4103 (ISLAW)
- Change “Board of indeterminate sentence” to Board of Pardons.
- Has the power to assist and recommend to president in granting executive clemency.
E.O 83 Series of 1937
- E.O 94 Series of 1947
- Renamed to Board of Pardons and Parole.
The Reorganization Law of 1947
The Board acts as the administrative arm of the President of the Philippines in exercising the constitutional power to?
grant pardon, reprieve, and amnesty after conviction by final judgment, except in cases of impeachment.
When was the Indeterminate Sentence Law first passed?
The Indeterminate Sentence Law was first enacted in 1933.
What law further amended Indeterminate Sentence Law?
It was further amended by Republic Act (RA) No. 4203 on June 19, 1965.
Can the President grant pardon, reprieve, or amnesty before conviction by final judgment?
No, the President can only grant pardon, reprieve, or amnesty after conviction by final judgment, except in cases of impeachment.
a person who has been released from prison on parole.
Parolee
PPA Meaning
Parole and Probation Administration
BPP Meaning
Board of Pardons and Parole
- Indeterminate Sentence Law
- Parole Law
- Board of Indeterminate Sentence
- 1 Chairman (DOJ Secretary)
- 4 members
Sec. 3, Act 4103
- Authority to assist and recommend to chief executive(president)
- Board of Pardons
E.0 83,Series of 1937
Board of Pardons and Parole
E.0.94 Series of 1947
- 1 Chairman (DOJ Secretary)
- 4 plus 2 members. (6 members)
- E.O 154, Series of December 11, 2002
- 1 Chairman
- 6 members (one of them is administrator of PPA as an ex officio member)
(E.O 1007, Series of January 31, 1985)
1 Chairman (undersecretary)
7 members (assistant secretary)
E.O 868, Series of 2010
It is the intent of the law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty.
Act No. 4103
PPA Meaning
Parole and Probation Administration
- Look into the physical, mental and moral record of prisoners who are eligible for parole and determines the prescriptive period of their release;
- Publication of names of Prisoners being considered for parole;
Notify the offended party; - Review cases of prisoners eligible for parole or executive clemency; and
- Issue referral to the Parole and Probation Administration.
- His conviction is final and executory;
- He has served the minimum period of the indeterminate sentence.
- There is a reasonable probability that if released he will be law abiding.
- His release will not be incompatible with the interest and welfare of society.
- Inmate has no pending case.
- Inmate is serving in the national penitentiary,unless the confinement of said is in a municipal,city,district or provincial jail is justified.
- Inmate is serving an indeterminate sentence and the maximum period of which exceeds 1 year.
Prisoners qualified for Parole
a. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
b. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
c. Those convicted of misprision of treason, rebellion, sedition or coup d’etat;
d. Those convicted of piracy or mutiny on the high seas or Philippine waters;
e. Those who are habitual delinquents
f. Those who escaped from confinement or evaded sentence;
g. Those who were granted Conditional Pardon and violated any of the terms thereof;
h. those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
i. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.
l. Convicted of terrorism,plunder, and transnational crimes
Prisoners disqualified for Parole
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is blind or similar disabilities;
d. serious illness and other life-threatening disease as certified by a government physician;
e. those prisoners recommended for the grant of executive clemency by the trial/appellate court as stated in the decision;
f. alien prisoners where diplomatic considerations and amity between nations necessitate review;
g. circumstances which show that his continued imprisonment will be inhuman or will pose a grave danger to the life of the prisoner or his co-inmates; and,
h. such other similar or analogous circumstances whenever the interest of justice will be served thereby.
Priorities in giving parole
- BOARD-REFERS TO THE BOARD OF PARDON AND PAROLE.
- EXECUTIVE DIRECTOR-REFERS TO THE EXECUTIVE DIRECTOR / SECRETARY OF THE BOARD.
- ADMINISTRATION- REFERS TO THE PAROLE AND PROBATION ADMINISTRATION.
- ADMINISTRATOR- REFERS TO THE ADMINISTRATOR OF THE PAROLE AND PROBATION ADMINISTRATION.
- PROBATION AND PAROLE OFFICER- REFERS TO THE PROBATION AND PAROLE OFFICER UNDERTAKING THE SUPERVISION OF THE CLIENT.
- DIRECTOR-REFERS TO THE DIRECTOR OF THE BUREAU OF CORRECTIONS.
- PENAL SUPERINTENDENT-REFERS TO THE OFFICER INCHARGE OF THE NEW BILIBID PRISON,THE CORRECTIONAL INSTITUTION FOR WOMEN AND THE PRISON AND PENAL FARMS OF THE BUREAU OF CORRECTIONS.
- PAROLE- REFERS TO THE CONDITIONAL RELEASE OF AN OFFENDER FROM A PENAL INSTITUTION AFTER HE HAS SERVED THE MINIMUM PERIOD OF HIS PRISON SENTENCE.
- PAROLEE-REFERS TO A PERSON WHO IS RELEASED ON PAROLE.
- PARDONEE- REFERS TO A PERSON WHO IS RELEASED ON CONDITIONAL PARDON.
- CLIENT-REFERS TO A PARDONEE/PAROLEE WHO IS PLACE ON SUPERVISION.
- PROBATION AND PAROLE OFFICER-REFERS TO THE PROBATION AND PAROLE OFFICER UNDERTAKING THE SUPERVISION OF THE CLIENT.
- DIRECTOR-REFERS TO THE DIRECTOR OF THE BUCOR.
- PENAL SUPERINTENDENT- REFERS TO THE OFFICER IN CHARGE OF THE NEW BILIBID PRISON , THE CORRECTIONAL INSTITUTUION FOR WOMEN AND THE PRISON AND PENAL FARMS OF THE BUCOR.
Terms to Ponder
