NON INSTITUTIONAL CORRECTION Flashcards
are those programs that are intended to treat criminal offenders within the free community as alternatives to confinement. It
The Community-Based Treatment Programs
V. BASIC PRINCIPLES UNDERLYINGTHE PHILOSOPHY OFCOMMUNITY-BASED TREATMENTPROGRAMS
Humanitarian Aspect
Restorative Aspect
Managerial Aspect
. 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.
Humanitarian Aspect -
- 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.
Restorative Aspect
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.
Managerial Aspect -
SUBJECT COVERAGE
Probation
Diversion
Restitution
Half way haouses
. - One of the most common forms of community correction is probation. can be thought of as a type of post-trial diversion from incarceration.
Probation
A term coined by John Augustus, from the Latin verb “”- to prove, to test.
probare
– For juvenile offender or CIC
Diversion
- 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.
Restitution
- 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.
Halfway houses
A program requires offenders to remain in their homes exceptfor approved periods of absence; commonly used in combination with electronic monitoring.
home Confinement?
- 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.
Parole
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.
Executive Clemency -
- 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
Pardon
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.
Absolute Pardon -
Purpose of absolute pardon :
1.1 To right a wrong1.2 To normalize a tumultuous political situation
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.
Absolute Pardon
- 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
Conditional Pardon
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.
conditional pardon