NON INSTITUTIONAL CORRECTION Flashcards

1
Q

are those programs that are intended to treat criminal offenders within the free community as alternatives to confinement. It

A

The Community-Based Treatment Programs

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2
Q

V. BASIC PRINCIPLES UNDERLYINGTHE PHILOSOPHY OFCOMMUNITY-BASED TREATMENTPROGRAMS

A

Humanitarian Aspect
Restorative Aspect
Managerial Aspect

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3
Q

. Imprisonment is not always advisable. Placing a person to custodial coercion is to place him in physical jeopardy, thus drastically narrowing his access to sources of personal satisfaction and reducing his self-esteem.

A

Humanitarian Aspect -

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4
Q
  • There are measures expected to be achieved by the offender, such as an establishment of a position in the community in which he does not violate the laws. These measures may be directed at changing and controlling the offender. The failure of the offender to achieve these can result to recidivism.
A

Restorative Aspect

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5
Q

are special importance because of the sharp contrastbetween the per capital cost of custody and any kind of community program. It is easier to managethose undergoing community-based treatment programs than that of custodial control.

A

Managerial Aspect -

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6
Q

SUBJECT COVERAGE

A

Probation
Diversion
Restitution
Half way haouses

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7
Q

. - One of the most common forms of community correction is probation. can be thought of as a type of post-trial diversion from incarceration.

A

Probation

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8
Q

A term coined by John Augustus, from the Latin verb “”- to prove, to test.

A

probare

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9
Q

– For juvenile offender or CIC

A

Diversion

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10
Q
  • In recent years, it has become increasingly common for jurisdictions to include restitution orders as part of probation.Money paid or services provided to victims, their survivors, or to the community by a convicted offender to make up for the injury inflicted.
A

Restitution

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11
Q
  • Community-based residential facilities that are less secure and restrictive than prison or jail but provide a more controlled environment than other community correctional programs.
A

Halfway houses

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12
Q

A program requires offenders to remain in their homes exceptfor approved periods of absence; commonly used in combination with electronic monitoring.

A

home Confinement?

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13
Q
  • 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.
A

Parole

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14
Q

it shall refer to Absolute Pardon, Conditional Pardon with or without Parole conditions and Commutation of Sentence as maybe granted by the President of the Philippines upon the recommendation of the Board of Pardon and Parole.

A

Executive Clemency -

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15
Q
  • it is a form of executive clemency granted by the President of the Philippines as a privilege to a convict as a discretionary act of grace. It is an act of grace is extended to prisoners as a matter of right, vested to the Chief Executive (The President) as a matter of power. Neither the legislative nor the judiciary branch of the government has the power to set conditions or establish procedures for the exercise of this Presidential prerogative
A

Pardon

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16
Q

it refers to the total extinction of the criminal liability of the individual to whom it is granted without any condition whatsoever and restores to the individual his civil rights and remits thepenalty imposed for the particular offense of which he was convicted.

A

Absolute Pardon -

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17
Q

Purpose of absolute pardon :

A

1.1 To right a wrong1.2 To normalize a tumultuous political situation

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18
Q

is also granted by a President to an imprisoned president the incumbent has deposed. is granted in order to restore full political and civil rights to convicted persons who have already served their sentenced and have reached the prescribed period for the grant of.

A

Absolute Pardon

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19
Q
  • It 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
A

Conditional Pardon

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20
Q

It is also granted by the President of the Philippines to release an inmate who has been reformed, but is not eligible to be released on parole.

A

conditional pardon

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21
Q

is a general pardon extended to a group of persons, such as political offenders purposely to bring about the return of dissidents to their home and to restore peace and order in the community

A

Amnesty

22
Q

. is an act of the president changing/reducing a heavier sentence to a lighter one or a longer term into a shorter term. It may alter death sentence to life sentence or life sentence to a term of years. It does not forgive the offender but merely to reduce the penalty pronounce by the court.

A

Commutation of Sentence

23
Q

is a temporary stay of the execution of sentence especially the execution of the death sentence. Generally, Reprieve is extended to prisoners sentenced to death. The date of execution of sentenced is set back several days to enable the Chief to study the petition of the condemned man for commutation of sentenced or pardon.

A

Reprieve

24
Q

is the branch of the administration of CJS charged with the responsibility for the
custody, supervision and rehabilitation of convicted offenders.

A

Correction

25
Q

It is also define as the study of jail or
prison management and administration as well as the rehabilitation and reformation of criminals.

A

correction

26
Q

DUAL PURPOSE OF CORRECTIONS

A
  1. To punish and
  2. To rehabilitate the offender
27
Q

is the fourth pillar of the PCJS, and identified as the weakest pillar.

A

Correction

28
Q

jail administration and control in our country is distributed to at least, four agencies:

A

bureau of correction
bureau of jail management and penology
provincial government
department of social welfare and development

29
Q

under the DOJ; which has supervision over the
national penitentiary and its penal farms;

A

The BUREAU OF CORRECTIONS (BuCor),

30
Q

under the DILG; which
has the exclusive control over all cities, municipal and district Jails nationwide

A
  1. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP),
31
Q

under DILG; which supervise and control their
respective provincial and sub-provincial jails; and

A

The PROVINCIAL GOVERNMENTS,

32
Q

which takes
care of, among others, youthful offenders entered in detention centers for juveniles,

A

The DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD),

33
Q

other agencies under this pillar are the: (Community Based Correction)

A
  1. The Parole and Probation Administration (PPA) under the Department of Justice (DOJ);
    and
  2. The Board of Pardons and Parole also under the Department of Justice.
34
Q

corrections, as a component of the system are responsible for:

A

maintenance
protection
reformation
deterrence

35
Q

of institution such as prisons, jails, halfway houses, and others.

A

MAINTENANCE

36
Q

of law-abiding members of society by keeping convicted offenders from
preying onsociety.

A

PROTECTION

37
Q

of offenders in preparation for their eventual reintegration
to the mainstream of society and helping them lead a normal life after release.

A

REFORMATION

38
Q

of crimes, experience in prison and the fear of isolation and denial of
liberty will influence inmates and potential offenders to lead a life not in conflict or afoul w

A

DETERRENCE

39
Q

OPLAN DECONGESTION was formalized through the execution of a memorandum of agreement
on .

A

February 12, 1993

40
Q

, suspends
sentence of minor offenders whose ages range from nine (9) years to under eighteen
(18) years and place them in rehabilitation centers under the supervision of the
Department of Social Welfare and Development before they are released to the custody of their
parents or to any responsible person.

A

Presidential Decree No. 603

41
Q

Presidential Decree No. 603, known as the

A

Child And Youth Welfare Code

42
Q

authorizes the release of a detainee who has undergone preventive
imprisonment equivalent to the maximum imposable sentence for the offense he is charged with

A

Batas Pambansa Bilang 85,

43
Q

provides that in meritorious cases, the commutation of the
prisoner’s sentence through presidential action shall be upon the recommendation of the court
which imposed the same; and ARTICLE 97, which provides that a prisoner shall be entitled to a
deduction from his prison term for good conduct; and

A

Article 96 of the Revised Penal Code,

44
Q

which directs all wardens or anyone in-charge of local jails
to effect the immediate transfer of national prisoners to the Bureau of Corrections.

A

DOJ Memorandum Circular No. 6

45
Q
  • 1st
    time minor offender (probation) for use 2 possession only/depor
A

Republic Act No. 9165- Comprehensive Dangerous Drug Act of 2002 (July 4, 2002)

46
Q
  1. Republic Act No. 9344 – Juvenile & Justice welfare Act of 2006 (May)
A
47
Q

provides for the
release of offenders charged with an offense whose penalty is not more than six (6) months
and/or a fine of Two Thousand pesos (2,000) or both, to the custody of a responsible person in
the community, instead of a bail bond;

A

Republic Act No. 6036, known as the Release On Recognizance Law,

48
Q

. fully deducts the period of the offenders’ preventive detention from the
sentence imposed by the courts;

A

Republic Act No. 6127,

49
Q

as amended, creating the Board of Pardons and Parole tasked to look into
the physical, mental and moral record of prisoners to determine who shall be eligible for
parole or conditional pardon.

A

Republic Act No. 4103,

50
Q

Probation is, of course, a very important legal instrument that contributes to the
decongestion of Philippine jails.

A

Presidential Decree No. 968 July 24, 1976 is the Philippine Probation Law of
1976.

51
Q
  • the rehabilitation of offenders in jail or prison
    has three levels and are manned by three different government
    agencies responsible for the supervision and control of the numerous institutional facilities nationwide
    which provide safekeeping and rehabilitation of inmates,
A

institution-based approaches

52
Q

it refers to correctional
activities that may take place within the community or the method of correcting sentenced
offenders without having to go to prison

A

Non-Institutional Correction or Community-Based Approach -