A Study on the Effectivity of the Philippine Prison System

According to statistical data found in the Bureau for Justice Records, there are a number of problems that most prisons in the country face. The records indicate that the number of adult federal and state inmates increased from `139% in `1980 to 260% (Walker, 1999). As a natural default, the United States of America has the highest incarceration rate in the world. This in itself brings about one of the major problems that are faced in modern incarceration which is overcrowding in most prison facilities. The number of offenders in the country has increased rapidly over time while the country prison system has not really been able to cope with this rapid increase. Prisons intended for one or two inmates are now crowded with more than fifty individuals. Because of this most prisons are overcrowded and most of the facilities available are unable to cater for the needs of all the prisoners (Siegel, 2009).

Throughout the years, the use of imprisonment has varied, along with its influences of society. It is thought that although prisons have been around since the thirteenth century, prisons as we know them now to be have only been around for the last three centuries. The first uses of prisons were not seen as a form of punishment instead they were used as a way of making people do something. People would be held in prison until they paid their debts, or awaiting trial and then leading up to their sentence. McGowen (1995) suggests that from the early 1700s ‘bridewells’ a house of correction have existed, however at that time being used merely for vagrants and drunks. At the end of the sixteenth century there was a shift in punishment to imprisonment, along with this came a new, more humane idea of reform. Criminals would spend their days of prison carrying out hard labour. However after the American Revolution, imprisonment took a step back and there was another change. There was mass overcrowding within the prison service and although the death penalty was still being used it was a symbol of the power of the state. Therefore, an everyday way of dealing with offenders would be transportation to the colonies, being either Australia or America.

Prison is an important place, because it takes away the power from individuals. This means that the criminal is no longer acting upon his will, but that of the officers, judge, guards, etc. “They are the foundation of society, and an element in its equilibrium.” (215) All the techniques, when created, they “attained a level at which formation of knowledge and the increase of power regularly reinforce the other.” (216)

There are three models of prisons that have been prominent in American since the early 1940’s: custodial, rehabilitative, and reintegration. Each model is designed differently based on its overriding goal, and this affects the physical design, policies, and programs that are implemented within each of the models.

As prisons grow in size, governments look for new methods to aid in cutting costs and increase efficiency. Over the last decade government run institutions have been replaced with privately funded, for-profit prisons. Although it is cheaper for governments to run contract based institutions this mass industrialization of the prison system has seen many issues with corruption, decreases in efficiency and even mistreatment and exploitation of incarcerated individuals. The prison system should remain under government control and in this essay I will discuss the faults and errors of for-profit institutions and why this system should not be overseen by private corporations.

Beccaria is known for being the founder of the Classical School. He wrote An Essay on Crimes and Punishment that was based on transforming punishment to corrections. He proposed reorientation of criminal laws toward more humanistic goals. On page thirteen of our textbook it shows the four of his newer ideas that were incorporated into the French Code of Criminal Procedures and in the French penal Code.

Whenever you imagine prison, you think up ideas and violent images that you have seen in the movies or on TV.   Outdated clichés consisting of men eating stale bread and drinking dirty water are only a small fraction of the number of horrible, yet “just” occurrences which are stereotypical of everyday life in prison.   Perhaps it could be a combination of your upbringing, horrific ideas about the punishment which our nation inflicts on those who violate its’ more serious laws that keeps people frightened just enough to lead a law-abiding life. Despite it’s success in keeping dangerous offenders off the streets, the American prison system fails in fulfilling its original design of restoring criminals to being productive members of society, it is also extremely expensive and wastes our precious tax dollars.

In prisons today, rehabilitation, deterrence, incapacitation, and retribution are all elements that provide a justice to society. Prisons effectively do their part in seeing that one if not more of these elements are met and successfully done. If it were not for these elements, than what would a prison be good for? It is highly debated upon whether or not these elements are done properly. It is a fact that these are and a fact that throughout the remainder of time these will be a successful part of prison life.

Within this paper, you will find a comprehensive review of the United States prison system, and why it needs to analyzed to better support and reform the people of this country. I plan to persuade the other side (politicians and society) into seeing that the way the prison system is now, is not ethical nor economical and it must change. We have one of the world’s largest prison population, but also a very high rate of recidivism. Recidivism is when the prisoners continuously return to prison without being reformed. They return for the same things that they were doing before. So, this leads us to ask what exactly are we doing wrong? When this happens, we as a nation must continuously pay to house and feed these inmates. The purpose of a prison needs to be examined so we can decide if we really are reforming our inmates, or just continuing a vicious cycle. What is the true purpose of prison besides just holding them in a cell? There must be more we can do for these hopeless members of society.

With the population of the United States prisons growing every day we need to evaluate if they are doing any good. Personally, I believe that we need to keep our prison system, but we need to take steps in reforming them rather than abolish them altogether. The United States has the highest number of incarcerated people than any other country in the world. We must sit down and look at other countries and see what they are doing different than the United States. In this paper, we will first look at what the prison system in America is like and what we can do to improve upon our prison system. Then, we will also look at the Finland prison systems and see if we can learn anything from them, since they have one of the lowest incarceration and crime rate in the world. We will then look at reforming our prison system or abolishing it. Finally, we will investigate other punishment alternatives other than the prison system that we could use.

     The deterrence and rehabilitation of prisons is clearly a purpose that is not being fulfilled. The actions of Earl Shriner and Reginald Muldrew are examples that show this. Claiming prisons as being effective, one might say that these are just isolated cases. In 1993, fifty-three percent of prisoners released were reconvicted within two years (Reducing).

Beccaria believed in replacing the harsh physical punishments with confinement and having the length of confinement fit the particular crime. This Classical Theory approach to punishment was very appealing to the community leaders and quickly spread from state to state and into the prison systems. This was the first major step in prison reform as we know it today.

The corrections system in America began mostly with the arrival of William Penn and his “Great Law.” This was back in 1682; the “Great Law” was based on humane principals and also focused on hard labor as a punishment. The corrections system really began to take hold in North America in the late 1700’s with the idea’s and philosophy of Beccaria, Bentham, and Howard. These philosophies were based on the thought that prisoners could be treated and reformed back into society. This hard labor was used as an alternative to other cruel forms of punishments that were used in earlier times such as physical abuse or even brutal death.

Fear of jails and prisons is instilled in us from a young age. We are supposed to learn the common sense between right and wrong behaviours to avoid living our lives incarcerated. Throughout this paper, I will discuss several aspects of our criminal institutions. With the help of the documentaries Miami Mega Jail and Behind Bars in San Quentin both by Louis Theroux, I will go into details about the remove, punish and rehabilitate method, the details of the inmate society and if the public is safe from these criminals once they are released.

Classical Criminology first emerged in the 18th century when individuals started to rebel against the harsh punishments given across Europe and America. Punishments rarely fit the crime and were severe and excessive as a tool to scare individuals from committing crime. Before this, was considered the enlightenment period, which was an era of thinking crime, was solely the product of evil and deserved to be punished severely. Religious views dominated the criminal justice system suggesting criminality was the result of the devil. Punishments were often barbaric and ruthless. Then the feudal system started to develop and individuals were employed as police and judges to maintain social order. However the courts were unjust and usually lenient to those of the upper class. Cesare Beccaria (1738-1794) is probably most well known as the founding father of the school of classical criminology. He protested against the current legal system and pushed for those in power to see that individuals are rational beings and deserve rational repercussions. In his most popular work; Essay on Crimes and Punishments, he protested against the cruel punishments and suggested that they must only be equal to that of the crime itself and revolutionised the criminal justice system with his ideals on how to make the most effective punishment, without maximum damage of the individual. He believed that “Punishment is only justified to the extent that the offender has infringed the rights of others or