Correctional System of the Philippines Versus America
In the US, prisoners are guaranteed their constitutional rights (Sypherd et. al., 2001, p.1). They are given the right of access to courts, including the right to enter a law library and to have backing in the preparationfiling of legal documents (Sypherd et. al., 2001, p.1). Furthermore, they are granted with the freedoms of speech, association, and religion (Sypherd et. al., 2001, p.1). This means that he or she can articulate anything, he or she can join any organization association, and he or she can also follow or observe any religion or belief just as long as he or she will not go against any law (Sypherd et. al., 2001, p.1). Moreover, they are also given the right to proper living conditions, appropriate medical care, as well as, lawful and humane disciplinary treatment (Sypherd et. al., 2001, p.2). In addition to the aforementioned, they also have a right to personal privacy preventing officers of the law to do search and seizures just because they feel like doing so (Sypherd et. al., 2001, p.2). Last but not least, they have the right to procedural due process preventing other individuals to just take away the prisoners life, liberty, or property without due process of the law (Sypherd et. al., 2001, p.4).
In the Philippines, on the other hand, according to a former prisoner whom I was able to interview, the management of prisons prisoners is very poor (Dimaculangan, Personal Communication). First of all, he said that, although prisoners have rights to proper living conditions, appropriate medical care, as well as, lawful and humane disciplinary treatment, prisoners usually cannot avail of the aforementioned (Dimaculangan, Personal Communication). Living conditions are poor because there are so many prisoners inside a cell which is supposed to be good for 2 to 4 individuals only, it is also very hot inside because of lack of ventilation and lack of electric fans which may decrease the heat, food is not really good because of the lack of budget, etcetera (Dimaculangan, Personal Communication). Medical care is also not usually given because it takes time for a prisoner to request for the necessary documents for him or her to be brought for medical check-up some just die in pain because of their sicknesses (Dimaculangan, Personal Communication). Second, personal privacy is also usually violated because so many prisoners are held in one cell that when search and seizures are carried out, everyones properties are searched and seized (Dimaculangan, Personal Communication). Last but not least, prisoners usually do not have the right to procedural due process their lives are taken away without due process or without warning they can be killed through riots or when asleep by inmates who were either instructed to execute them or have personal grudges towards them (Dimaculangan, Personal Communication).
Population Privatization
As of August 2009 to present, there have been 58, 743 new individual sent to prison (Bureau or Jail Management and Penology, 2007, n.p.). The United States, on the other hand, has more it already reached 211,455 as of April 29, 2010 (Federal Bureau of Prisons, 2010, n.p.).
In terms of privatization, in the Philippines, there were plans but everyone seems to oppose it (Bureau or Jail Management and Penology, 2007, n.p.). Meanwhile, in the United States, there are more than 250 private correctional facilities very helpful for the country because less is spent and more is actually saved (Federal Bureau of Prisons, 2010, n.p.).
Security Levels
In the United States, offenders are confined in an appropriate manner the kind of fence needed the number of staff needed the number of inmates the kind of programs that they need to go through (Federal Bureau of Prisons, 2010, n.p.). Theres a minimum security facility, administrative facility, high security facility, medium security facility, federal correctional complexes, etcetera (Federal Bureau of Prisons, 2010, n.p.).
Prison Life
It can be considered that prison life in the United States is much more comfortable as compared with the Philippines (Dimaculangan, Personal Communication). This is very clear in the discussion of management of prisons prisoners above (Dimaculangan, Personal Communication).
Important Reformation-Type Amendment
In the United States, according to the 8th Amendment, a prisoner cannot undergo excessive punishments (Federal Bureau of Prisons, 2010, n.p.). Unfortunately, the Philippines does not have such (Federal Bureau of Prisons, 2010, n.p.).
Viewpoint on Rehabilitation and Programs
Rehabilitation and programs are much better in the United States as compared with that of the Philippines and this can be seen by how unsystematic the Philippines correction system is (Federal Bureau of Prisons, 2010, n.p.).
Parole System
In the United States, parole may be granted to those who carried out an offense before January 11, 1987 or those who have been charged in other countries but serving their sentence in the country (Federal Bureau of Prisons, 2010, n.p.).
Meanwhile, in the Philippines, Anybody can be on parole with the exception of those offenders who are faced subversion insurgency charges (Philippines The Correctional System, 1991, n.p.). Those on parole are not really controlled unlike in the United States, instead they are just instructed to have an appointment with their parole officers once a month and then after that they can already apply for their liberation (Philippines The Correctional System, 1991, n.p.).
View on Probation and Community Corrections
In the US, probations roles are actually to
Support the offender (Court Services and Offender Supervision Agency for the
District of Columbia, 2003, n.p.). It supports the offender because it lets loose the offender instead of keeping it in prison hoping that the individual will change for the better and will not commit any offense during the probation period (Court Services and Offender Supervision Agency for the District of Columbia, 2003, n.p.).
2) Protect the people (Court Services and Offender Supervision Agency for the District of Columbia, 2003, n.p.). Meanwhile, probation also looks after the peoples well-being because if any of the circumstances stipulated are breached then the person who is under probation will be sent to prison without more ado (Court Services and Offender Supervision Agency for the District of Columbia, 2003, n.p.).
In the Philippines, on the other hand, probation usually functions as a support to the offender (Philippines The Correctional System, 1991, n.p.). Anybody can be put on probation except for those facing subversion insurgency charges (Philippines The Correctional System, 1991, n.p.). Those under probation are not really supervised unlike in the United States, instead they are obliged to visit their probation officers once a month then after that they can already apply for their discharge (Philippines The Correctional System, 1991, n.p.).
Opinion of the Philippines Correctional System versus that of the United States
The correctional system of the US is far better than the Philippines, it seems that they are treated in a more humane manner than in the Philippines considering that they are medically attended, they are not obliged to be with so many others inside one cell etcetera (Philippines The Correctional System, 1991, n.p.). The Philippines should adopt the United States correctional system (Philippines The Correctional System, 1991, n.p.).
0 comments:
Post a Comment