This document contains a diagnostic examination for criminologists on correctional administration. It consists of 60 multiple choice questions testing knowledge of correctional concepts and the Philippine correctional system. Areas covered include the government departments that oversee corrections, laws and policies, roles of different correctional agencies and facilities, classification of prisoners, forms of custody and release, and the objectives and history of imprisonment.
The document contains questions about correctional administration in the Philippines. It covers topics like the president's pardoning power, the Bureau of Jail Management and Penology (BJMP), forms of executive clemency, corrections, probation, imprisonment, and rehabilitation of offenders. The questions test knowledge about the roles and responsibilities of different agencies in the criminal justice system like the BJMP, Bureau of Corrections, and Parole and Probation Administration.
This document contains a review test on corrections and rehabilitation. It includes 69 multiple choice questions covering topics like the definition and purpose of corrections, the classification and custody levels of prisoners, the roles and functions of jail personnel, admission and classification procedures in prisons, and rehabilitation programs.
This document appears to be a mock board exam for criminalistics containing 80 multiple choice questions. It covers topics related to fingerprint analysis, forensic photography, polygraph examinations, fiber analysis, and other areas of forensic science. The questions test knowledge of key terms, techniques, properties, and principles within each topic area.
This document outlines the operating manual for the Bureau of Corrections in the Philippines. It details procedures for admitting inmates to prisons, including required documentation, medical screening, orientation, classification, and issuing uniforms. Inmates undergo examinations in the reception and diagnostic center to develop an individualized treatment plan before assignment to a prison facility within 55 days. The manual establishes basic principles for impartial treatment of inmates and seeks to promote discipline, rehabilitation, and safe custody.
Compilation of previous board examination questionsRhem Rick Corpuz
This document provides guidance for test preparation and test-taking strategies. It recommends the following:
1) Review materials 3 months in advance by reading books and notes individually and creating a schedule.
2) Visit the exam center beforehand and choose a good seating position. Relax the day before by sleeping early and avoiding stress.
3) During the exam, stay relaxed and focused. Read questions fully before answering and use logic to eliminate incorrect options. Leave blank questions if running short on time.
4) For multiple choice questions, identify keywords in the stem and associate answers with them. Eliminate irrelevant options using logic.
This document discusses the distinct phases of probation and parole administration. It outlines the selection and supervision phases of probation, including investigation processes and conditions of probation. It also discusses eligibility requirements, factors considered, and types of pardons and clemency that can be granted through the parole process. Statistics on probation and parole caseloads, outcomes, and estimated cost savings are provided for multiple years.
This document contains 18 multiple choice questions about crimes in criminal law and jurisprudence. The questions cover topics such as homicide, murder, abortion, arson, treason, illegal possession of firearms, rape, and kidnapping. For each question, answer options for the specific crime(s) committed in the given scenario are provided.
NON INSTITUTIONAL CORRECTION CA2-Prelim-Week-1DavidjohnBernal
Clemency refers to the forgiveness of a crime or cancellation of the associated penalty by the government. There are different types of executive clemency including absolute pardon, conditional pardon, parole, and commutation of sentence. The guidelines for granting executive clemency in the Philippines include considering cases where the penalty is too harsh, evidence was not considered, the individual is a juvenile or elderly, or has a serious illness. Applications are made to the President through the Board of Pardons and Parole, which investigates and makes a recommendation.
The document contains questions about correctional administration in the Philippines. It covers topics like the president's pardoning power, the Bureau of Jail Management and Penology (BJMP), forms of executive clemency, corrections, probation, imprisonment, and rehabilitation of offenders. The questions test knowledge about the roles and responsibilities of different agencies in the criminal justice system like the BJMP, Bureau of Corrections, and Parole and Probation Administration.
This document contains a review test on corrections and rehabilitation. It includes 69 multiple choice questions covering topics like the definition and purpose of corrections, the classification and custody levels of prisoners, the roles and functions of jail personnel, admission and classification procedures in prisons, and rehabilitation programs.
This document appears to be a mock board exam for criminalistics containing 80 multiple choice questions. It covers topics related to fingerprint analysis, forensic photography, polygraph examinations, fiber analysis, and other areas of forensic science. The questions test knowledge of key terms, techniques, properties, and principles within each topic area.
This document outlines the operating manual for the Bureau of Corrections in the Philippines. It details procedures for admitting inmates to prisons, including required documentation, medical screening, orientation, classification, and issuing uniforms. Inmates undergo examinations in the reception and diagnostic center to develop an individualized treatment plan before assignment to a prison facility within 55 days. The manual establishes basic principles for impartial treatment of inmates and seeks to promote discipline, rehabilitation, and safe custody.
Compilation of previous board examination questionsRhem Rick Corpuz
This document provides guidance for test preparation and test-taking strategies. It recommends the following:
1) Review materials 3 months in advance by reading books and notes individually and creating a schedule.
2) Visit the exam center beforehand and choose a good seating position. Relax the day before by sleeping early and avoiding stress.
3) During the exam, stay relaxed and focused. Read questions fully before answering and use logic to eliminate incorrect options. Leave blank questions if running short on time.
4) For multiple choice questions, identify keywords in the stem and associate answers with them. Eliminate irrelevant options using logic.
This document discusses the distinct phases of probation and parole administration. It outlines the selection and supervision phases of probation, including investigation processes and conditions of probation. It also discusses eligibility requirements, factors considered, and types of pardons and clemency that can be granted through the parole process. Statistics on probation and parole caseloads, outcomes, and estimated cost savings are provided for multiple years.
This document contains 18 multiple choice questions about crimes in criminal law and jurisprudence. The questions cover topics such as homicide, murder, abortion, arson, treason, illegal possession of firearms, rape, and kidnapping. For each question, answer options for the specific crime(s) committed in the given scenario are provided.
NON INSTITUTIONAL CORRECTION CA2-Prelim-Week-1DavidjohnBernal
Clemency refers to the forgiveness of a crime or cancellation of the associated penalty by the government. There are different types of executive clemency including absolute pardon, conditional pardon, parole, and commutation of sentence. The guidelines for granting executive clemency in the Philippines include considering cases where the penalty is too harsh, evidence was not considered, the individual is a juvenile or elderly, or has a serious illness. Applications are made to the President through the Board of Pardons and Parole, which investigates and makes a recommendation.
This document discusses mitigating circumstances under Article 13 of the Revised Penal Code of the Philippines. It defines mitigating circumstances as factors that lessen criminal liability and reduce the penalty for a crime. There are ordinary mitigating circumstances explicitly listed in the code as well as privileged mitigating circumstances like minority. The document examines several specific ordinary mitigating circumstances in detail, such as insufficient provocation, immediate vindication of a grave offense, and voluntary surrender. It also distinguishes ordinary from privileged mitigating circumstances in terms of how they affect penalties.
1. The document discusses the rules and procedures related to arrest under Philippine law. It defines arrest and outlines when an arrest can be made with or without a warrant.
2. It also discusses the rights of individuals who are arrested, such as the right to be informed of the reason for arrest and the right to counsel.
3. The document also covers custodial investigation procedures and notes that statements made during custodial investigation without the presence of counsel cannot be used as evidence.
This document contains 30 multiple choice questions about criminal law and procedure in the Philippines. It tests knowledge on topics like the different types of court records, rules around summary procedure, definitions of key terms like venue and trial, reasons for postponing trials, requirements for search warrants and probable cause determinations, when warrants are not necessary, pleas and arraignment procedures, and doctrines around illegally obtained evidence. It provides answers to each question in a multiple choice format.
Executive Clemency in Philippines (report).pptxjbschoolacct000
This document outlines general guidelines for recommending executive clemency to the President of the Philippines. It discusses the plenary power of the President to grant clemency. It provides criteria for extraordinary circumstances where clemency may be granted to prevent manifest injustice. It describes the petition process, including eligibility requirements, required form and contents. It also outlines the procedures for referral to government agencies, notifying relevant parties, and board deliberations on clemency recommendations.
This document discusses various ways in which criminal liability can be extinguished under Philippine law, including:
1. By the death of the convict before final judgment for personal and pecuniary penalties. Criminal liability is also extinguished by service of the sentence, amnesty, and absolute pardon.
2. Prescription, or the loss of the right to prosecute, also extinguishes criminal liability after a certain time period ranging from 1-20 years depending on the crime. Prescription of penalties is also discussed.
3. Civil liability survives criminal proceedings and various forms of extinguishing criminal liability, such as the death of the offender or offended party. The document provides details on the effects of different forms of ext
The document discusses community-based corrections in the Philippines. It begins with an introduction to corrections and defines it as the administration responsible for the custody, supervision, and rehabilitation of convicted offenders. It then outlines the dual purposes of corrections as punishment and rehabilitation.
The document further discusses the different approaches to corrections in the Philippines, including the institution-based approach where offenders are rehabilitated in jails/prisons run by different government agencies, and the community-based or non-institutional approach where offenders serve their sentences within the community under supervision. It provides examples of community-based correction programs and their advantages over incarceration.
The document contains multiple choice questions related to criminology, criminal justice, and law enforcement. Some key details include:
- In flagrante delicto means "caught in the act".
- The first Filipino chief of the Philippine Constabulary was Col. Antonio Torres.
- Criminology is considered a dynamic and applied social science.
- Miranda warnings inform suspects of their right against self-incrimination and to legal counsel.
- The Bureau of Fire Protection's parent agency is the Department of the Interior and Local Government.
This document summarizes key sections of the Philippine Bill of Rights. It discusses sections 1-11 which focus on people's rights, including the rights to life, liberty, property, equal protection, and due process. It also covers rights against unreasonable searches and seizures, privacy of communication, freedom of speech and assembly, freedom of religion, liberty of abode and travel, access to information, and rights to form unions and just compensation for private property taken for public use. The document provides analysis and examples for each constitutional right.
Criminology Licensure Examination Reviewer (How to effectively Hurdle the Cri...Charlemagne James Ramos
The document provides information about criminology education and the criminologist licensure examination in the Philippines. It discusses that criminology was first offered as a course at Plaridel College (now Philippine College of Criminology) and the City College of Manila (now Universidad de Manila). It also outlines the history and composition of the Board of Examiners for Criminology, created in 1972 by Republic Act 6506 to administer the licensure examination. The criminologist licensure examination consists of 600 multiple choice questions across 6 subject areas over 3 days, with a minimum passing rate of 75% and no score below 50% in any subject.
Introduction to criminology q&a (study criminology)StudyCriminology
This document contains 39 multiple choice questions about criminology concepts and theories. It tests knowledge in areas such as:
- Theories of crime like differential association theory and strain theory
- Criminology terms like mala prohibita and victim
- Early criminology thinkers like Lombroso, Beccaria, and Sutherland
- Criminology paradigms such as positivism, left realism, and postmodernism
- Elements of crime like actus reus and mens rea
The questions cover a wide range of topics in criminology showing it is an introductory review of key information in the field.
This document contains 34 multiple choice questions about police organization and administration. It discusses topics like the different types of police organizational structures, principles of management, roles and ranks within the police force, and historical events related to the development of the Philippine National Police. The questions are intended to analyze test material for a police organization and administration exam. Short hashtags are included between some questions for additional context.
Parole is the early release of a prisoner from prison after serving the minimum period of their indeterminate sentence. The Board of Pardons and Parole, under the Department of Justice, has the authority to grant parole to prisoners. A prisoner can be granted parole if the Board finds they are likely to obey the law and their release would not endanger society, and they have served the minimum time of their indeterminate sentence. If a parolee violates the conditions of their parole, they will be sent back to prison to serve the remainder of their maximum sentence. Executive clemency from the President, such as commutation of sentence, conditional pardon, or absolute pardon, can also result in early release and may be
The document provides an introduction to a study on Republic Act No. 7309, which creates a Board of Claims under the Department of Justice for victims of unjust imprisonment or detention and violent crimes. It discusses the background and purpose of the law, as well as the problems faced by victims of unjust imprisonment. The study aims to examine how the law is enforced, whether it needs to be amended to address current economic conditions, and the effects on victims' lives. It defines key terms and limits the scope to penal facilities in Quezon City.
The document summarizes key aspects of the pretrial process in criminal cases, including:
1) Summary trials for minor offenses where a jury is not required if incarceration is less than 6 months. Defendants often plead guilty without counsel.
2) Elaborate pretrial procedures for felonies including initial appearance, grand jury, preliminary hearing, and arraignment where a plea is entered.
3) Most cases are resolved pretrial, with about 25% resulting in convictions as cases attrite through the system.
The document provides information on report writing criteria and sentence structure. It discusses the key aspects of an effective investigative report, including clarity, accuracy, brevity, specificity, completeness and timeliness. It then defines the four main types of sentences according to structure - simple, compound, complex and compound-complex - and provides examples of each. The document also classifies sentences according to function as declarative, interrogative, imperative or exclamatory and gives examples of each type.
(09) parole and probation administration(word)Mcypp Ncmf
1. The document discusses probation and parole administration in the Philippines. It outlines the distinct phases of probation including investigation, supervision, and treatment of offenders. It also discusses eligibility requirements, conditions, and violations for both probation and parole.
2. Statistics on probation caseloads, applications, demographics of probationers, and estimated government savings from 2009-2013 are provided. Benefits of probation for the government, society, victims, families, and offenders are highlighted.
3. Facts on parole/executive clemency are also covered, including eligibility, disqualifications, and the purpose of parole under Philippine law.
230 PHILIPPINE LEGAL DOCTRINES (AS OF 2020) RESEARCHED AND COMPILED BY PROF. ...HUDCC
This document lists and defines 230 Philippine legal doctrines compiled by Professor Alvin T. Claridades for bar examination reviewees, law students, professors and practitioners. It provides brief descriptions of various doctrines, including the doctrine of absolute privilege which protects statements made in legislative assemblies or judicial proceedings from defamation claims, and the doctrine of adherence of jurisdiction which holds that a court retains jurisdiction to enforce and execute a judgment even after it becomes final.
The document outlines a course on human rights education. It covers 10 topics including fundamental concepts of human rights, the Universal Declaration of Human Rights, and human rights legal frameworks in the Philippines and internationally. It also discusses the classification of human rights according to source, aspect of life, derogability, and generations proposed by Karel Vasak. The three principles of human rights - universality, indivisibility, and interdependence - are explained.
This document discusses the history and theories of penology and corrections. It covers:
- The definition and study of penology as the punishment of criminal offenders through the criminal justice system.
- Early theories of punishment from ancient Greece, Judeo-Christian beliefs, and medieval Europe that focused on restoring balance, redemption, and religious rituals.
- The development of prisons, jails, transportation of criminals by ship, and widespread use of the death penalty from the 13th to 18th centuries.
- The classical, neo-classical, and positivist schools of penology and their views on free will, responsibility, and treating criminals as sick individuals.
- The role of corrections as a
when all the facts of a case are heard, and a judge or jury makes the final decision about the court case. An offender can waive their rights to a jury trial and just have the judge make the ruling in a bench trial.
This document provides a set of multiple choice questions about correctional administration in the Philippines. It covers topics like the roles of different government agencies in corrections (BJMP, Bureau of Corrections, etc.), types of prisoners, forms of executive clemency, goals of the corrections system, and the history and development of prisons. The questions test understanding of concepts in areas like classification of prisoners, parole, probation, functions of different prison branches, and the duties and roles of custodial officers.
This document summarizes Philippine laws related to probation and parole. It provides details on the history and provisions of probation laws like Presidential Decree 968 and amendments. Key information covered includes eligibility requirements for probation, the application and review process, conditions of probation, rights after termination, and differences between probation, imprisonment and parole. The document also outlines the parole system established by the Indeterminate Sentence Law, eligibility criteria, disqualifications, and the composition and powers of the Board of Pardons and Parole.
This document discusses mitigating circumstances under Article 13 of the Revised Penal Code of the Philippines. It defines mitigating circumstances as factors that lessen criminal liability and reduce the penalty for a crime. There are ordinary mitigating circumstances explicitly listed in the code as well as privileged mitigating circumstances like minority. The document examines several specific ordinary mitigating circumstances in detail, such as insufficient provocation, immediate vindication of a grave offense, and voluntary surrender. It also distinguishes ordinary from privileged mitigating circumstances in terms of how they affect penalties.
1. The document discusses the rules and procedures related to arrest under Philippine law. It defines arrest and outlines when an arrest can be made with or without a warrant.
2. It also discusses the rights of individuals who are arrested, such as the right to be informed of the reason for arrest and the right to counsel.
3. The document also covers custodial investigation procedures and notes that statements made during custodial investigation without the presence of counsel cannot be used as evidence.
This document contains 30 multiple choice questions about criminal law and procedure in the Philippines. It tests knowledge on topics like the different types of court records, rules around summary procedure, definitions of key terms like venue and trial, reasons for postponing trials, requirements for search warrants and probable cause determinations, when warrants are not necessary, pleas and arraignment procedures, and doctrines around illegally obtained evidence. It provides answers to each question in a multiple choice format.
Executive Clemency in Philippines (report).pptxjbschoolacct000
This document outlines general guidelines for recommending executive clemency to the President of the Philippines. It discusses the plenary power of the President to grant clemency. It provides criteria for extraordinary circumstances where clemency may be granted to prevent manifest injustice. It describes the petition process, including eligibility requirements, required form and contents. It also outlines the procedures for referral to government agencies, notifying relevant parties, and board deliberations on clemency recommendations.
This document discusses various ways in which criminal liability can be extinguished under Philippine law, including:
1. By the death of the convict before final judgment for personal and pecuniary penalties. Criminal liability is also extinguished by service of the sentence, amnesty, and absolute pardon.
2. Prescription, or the loss of the right to prosecute, also extinguishes criminal liability after a certain time period ranging from 1-20 years depending on the crime. Prescription of penalties is also discussed.
3. Civil liability survives criminal proceedings and various forms of extinguishing criminal liability, such as the death of the offender or offended party. The document provides details on the effects of different forms of ext
The document discusses community-based corrections in the Philippines. It begins with an introduction to corrections and defines it as the administration responsible for the custody, supervision, and rehabilitation of convicted offenders. It then outlines the dual purposes of corrections as punishment and rehabilitation.
The document further discusses the different approaches to corrections in the Philippines, including the institution-based approach where offenders are rehabilitated in jails/prisons run by different government agencies, and the community-based or non-institutional approach where offenders serve their sentences within the community under supervision. It provides examples of community-based correction programs and their advantages over incarceration.
The document contains multiple choice questions related to criminology, criminal justice, and law enforcement. Some key details include:
- In flagrante delicto means "caught in the act".
- The first Filipino chief of the Philippine Constabulary was Col. Antonio Torres.
- Criminology is considered a dynamic and applied social science.
- Miranda warnings inform suspects of their right against self-incrimination and to legal counsel.
- The Bureau of Fire Protection's parent agency is the Department of the Interior and Local Government.
This document summarizes key sections of the Philippine Bill of Rights. It discusses sections 1-11 which focus on people's rights, including the rights to life, liberty, property, equal protection, and due process. It also covers rights against unreasonable searches and seizures, privacy of communication, freedom of speech and assembly, freedom of religion, liberty of abode and travel, access to information, and rights to form unions and just compensation for private property taken for public use. The document provides analysis and examples for each constitutional right.
Criminology Licensure Examination Reviewer (How to effectively Hurdle the Cri...Charlemagne James Ramos
The document provides information about criminology education and the criminologist licensure examination in the Philippines. It discusses that criminology was first offered as a course at Plaridel College (now Philippine College of Criminology) and the City College of Manila (now Universidad de Manila). It also outlines the history and composition of the Board of Examiners for Criminology, created in 1972 by Republic Act 6506 to administer the licensure examination. The criminologist licensure examination consists of 600 multiple choice questions across 6 subject areas over 3 days, with a minimum passing rate of 75% and no score below 50% in any subject.
Introduction to criminology q&a (study criminology)StudyCriminology
This document contains 39 multiple choice questions about criminology concepts and theories. It tests knowledge in areas such as:
- Theories of crime like differential association theory and strain theory
- Criminology terms like mala prohibita and victim
- Early criminology thinkers like Lombroso, Beccaria, and Sutherland
- Criminology paradigms such as positivism, left realism, and postmodernism
- Elements of crime like actus reus and mens rea
The questions cover a wide range of topics in criminology showing it is an introductory review of key information in the field.
This document contains 34 multiple choice questions about police organization and administration. It discusses topics like the different types of police organizational structures, principles of management, roles and ranks within the police force, and historical events related to the development of the Philippine National Police. The questions are intended to analyze test material for a police organization and administration exam. Short hashtags are included between some questions for additional context.
Parole is the early release of a prisoner from prison after serving the minimum period of their indeterminate sentence. The Board of Pardons and Parole, under the Department of Justice, has the authority to grant parole to prisoners. A prisoner can be granted parole if the Board finds they are likely to obey the law and their release would not endanger society, and they have served the minimum time of their indeterminate sentence. If a parolee violates the conditions of their parole, they will be sent back to prison to serve the remainder of their maximum sentence. Executive clemency from the President, such as commutation of sentence, conditional pardon, or absolute pardon, can also result in early release and may be
The document provides an introduction to a study on Republic Act No. 7309, which creates a Board of Claims under the Department of Justice for victims of unjust imprisonment or detention and violent crimes. It discusses the background and purpose of the law, as well as the problems faced by victims of unjust imprisonment. The study aims to examine how the law is enforced, whether it needs to be amended to address current economic conditions, and the effects on victims' lives. It defines key terms and limits the scope to penal facilities in Quezon City.
The document summarizes key aspects of the pretrial process in criminal cases, including:
1) Summary trials for minor offenses where a jury is not required if incarceration is less than 6 months. Defendants often plead guilty without counsel.
2) Elaborate pretrial procedures for felonies including initial appearance, grand jury, preliminary hearing, and arraignment where a plea is entered.
3) Most cases are resolved pretrial, with about 25% resulting in convictions as cases attrite through the system.
The document provides information on report writing criteria and sentence structure. It discusses the key aspects of an effective investigative report, including clarity, accuracy, brevity, specificity, completeness and timeliness. It then defines the four main types of sentences according to structure - simple, compound, complex and compound-complex - and provides examples of each. The document also classifies sentences according to function as declarative, interrogative, imperative or exclamatory and gives examples of each type.
(09) parole and probation administration(word)Mcypp Ncmf
1. The document discusses probation and parole administration in the Philippines. It outlines the distinct phases of probation including investigation, supervision, and treatment of offenders. It also discusses eligibility requirements, conditions, and violations for both probation and parole.
2. Statistics on probation caseloads, applications, demographics of probationers, and estimated government savings from 2009-2013 are provided. Benefits of probation for the government, society, victims, families, and offenders are highlighted.
3. Facts on parole/executive clemency are also covered, including eligibility, disqualifications, and the purpose of parole under Philippine law.
230 PHILIPPINE LEGAL DOCTRINES (AS OF 2020) RESEARCHED AND COMPILED BY PROF. ...HUDCC
This document lists and defines 230 Philippine legal doctrines compiled by Professor Alvin T. Claridades for bar examination reviewees, law students, professors and practitioners. It provides brief descriptions of various doctrines, including the doctrine of absolute privilege which protects statements made in legislative assemblies or judicial proceedings from defamation claims, and the doctrine of adherence of jurisdiction which holds that a court retains jurisdiction to enforce and execute a judgment even after it becomes final.
The document outlines a course on human rights education. It covers 10 topics including fundamental concepts of human rights, the Universal Declaration of Human Rights, and human rights legal frameworks in the Philippines and internationally. It also discusses the classification of human rights according to source, aspect of life, derogability, and generations proposed by Karel Vasak. The three principles of human rights - universality, indivisibility, and interdependence - are explained.
This document discusses the history and theories of penology and corrections. It covers:
- The definition and study of penology as the punishment of criminal offenders through the criminal justice system.
- Early theories of punishment from ancient Greece, Judeo-Christian beliefs, and medieval Europe that focused on restoring balance, redemption, and religious rituals.
- The development of prisons, jails, transportation of criminals by ship, and widespread use of the death penalty from the 13th to 18th centuries.
- The classical, neo-classical, and positivist schools of penology and their views on free will, responsibility, and treating criminals as sick individuals.
- The role of corrections as a
when all the facts of a case are heard, and a judge or jury makes the final decision about the court case. An offender can waive their rights to a jury trial and just have the judge make the ruling in a bench trial.
This document provides a set of multiple choice questions about correctional administration in the Philippines. It covers topics like the roles of different government agencies in corrections (BJMP, Bureau of Corrections, etc.), types of prisoners, forms of executive clemency, goals of the corrections system, and the history and development of prisons. The questions test understanding of concepts in areas like classification of prisoners, parole, probation, functions of different prison branches, and the duties and roles of custodial officers.
This document summarizes Philippine laws related to probation and parole. It provides details on the history and provisions of probation laws like Presidential Decree 968 and amendments. Key information covered includes eligibility requirements for probation, the application and review process, conditions of probation, rights after termination, and differences between probation, imprisonment and parole. The document also outlines the parole system established by the Indeterminate Sentence Law, eligibility criteria, disqualifications, and the composition and powers of the Board of Pardons and Parole.
Chapter 9 Punishment and SentencingCHAPTER 9PUNISHMENT AND .docxtiffanyd4
Chapter 9: Punishment and Sentencing
CHAPTER 9
PUNISHMENT AND SENTENCING
Learning Objectives
After reading this chapter, students should:
1. List and contrast the four basic philosophical reasons for sentencing criminals.
2. Contrast indeterminate with determinate sentencing.
3. State who has input into the sentencing decision, and list the factors that determine a sentence.
4. Explain some of the reasons underlying the need for sentencing reform.
5. Identify the arguments for and against the use of victim impact statement during sentencing hearings.
6. Identify the two stages that make up the bifurcated process of death penalty sentencing.
7. Explain why the U.S. Supreme Court abolished the death penalty for juvenile offenders.
8. Describe the main issues of the death penalty debate.
Lesson Plan
Correlated to PowerPoints
I. The Purpose of Sentencing
Learning Objective 1: List and contrast the four basic philosophical reasons for sentencing criminals.
a. Retribution
i. The oldest and most common justification for punishing someone is that he or she “deserved it”
ii. A wrongdoer who has freely chosen to violate society’s rules must be punished for the infraction
iii. Retribution relies on the principle of just deserts – the severity of punishment must be in proportion to the severity of the crime
iv. This is not the same as revenge, because with revenge, the wrongdoer is punished only with the aim of satisfying a victim or victims
v. Retribution is concerned with the needs of society as a whole
b. Deterrence
i. The goal of sentencing should be to prevent crimes
ii. By “setting an example,” society is sending a message to potential criminals that certain actions will not be tolerated
iii. Deterrence can take on two general forms
1. General deterrence – by punishing one person, others will be dissuaded from committing a similar crime
2. Specific deterrence – assumes that an individual, after being punished once for a certain act, will be less likely to repeat that act because he or she does not want to be punished again
c. Incapacitation
i. Incapacitation is a strategy for preventing crime by detaining wrongdoers in prison, thereby separating them from the community and reducing criminal opportunities
ii. Incarcerating criminals guarantees that they will not be a danger to society, at least for the length of their prison term
iii. The death penalty is justified in terms of incapacitation because it prevents the offender from committing any future crimes
d. Rehabilitation
i. Rehabilitation seems to be the most “humane” goal of punishment
ii. It operates under the philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern rather than simply being punished
iii. This line of thinking reflects the view that crime is a “social phenomenon” caused not by the inherent criminality of a person, but by factors in that person’s surroundings
e. .
1.Formal factors that influence decision-making at the disposition.docxfredellsberry
1.
Formal factors that influence decision-making at the dispositional stage are:
a. [removed]
the values and philosophy of the judge.
b. [removed]
the social and racial background of the offender.
c. [removed]
the social study investigator.
d. [removed]
both the values and philosophy of the judge and the social and racial background of the offender.
2.
The Juvenile Justice Standards Project recommended that juvenile offenses should be divided into:
a. [removed]
5 classes, 3 for felonies and 2 for misdemeanors.
b. [removed]
5 classes, 2 for felonies and 3 for misdemeanors.
c. [removed]
3 classes, 2 for felonies and 1 for misdemeanors.
d. [removed]
2 classes, 1 for felonies and 1 for misdemeanors.
3.
Thomas F. Geraghty argues that:
a. [removed]
the juvenile court should be abolished.
b. [removed]
the juvenile court should provide juveniles with more procedural protections.
c. [removed]
adult court will easily adapt to the needs of juveniles.
d. [removed]
none of the choices apply.
4.
The court decision that formalized
parens patriae
was:
a. [removed]
In re Gault
.
b. [removed]
ex parte Crouse
.
c. [removed]
In re Winship
.
d. [removed]
Kent v. United States
.
5.
Youths most likely to be assigned to community programs are:
a. [removed]
racial minorities.
b. [removed]
lower class youths.
c. [removed]
middle class youths.
d. [removed]
ethnic minorities.
6.
In
McKeiver v. Pennsylvania
, the U.S. Supreme Court denied the right of juveniles to have jury trials because:
a. [removed]
all rights constitutionally guaranteed to adults are not to be given to juveniles.
b. [removed]
trials could well take away the intimate, informal, protective proceedings.
c. [removed]
nothing prevents judges from using jury trials if they wish.
d. [removed]
all of the choices apply.
7.
Bail is:
a. [removed]
not a form of punishment.
b. [removed]
used to guarantee youths will show up for their hearings.
c. [removed]
used to impress upon the child that a serious crime occurred.
d. [removed]
both not a form of punishment and used to guarantee youths will show up for their hearings.
8.
Critics argue that the juvenile court:
a. [removed]
has not had an effect in reducing or stemming juvenile crime.
b. [removed]
has, as its sole contribution to juvenile justice, brought justice and compassion to youthful offenders.
c. [removed]
has not succeeded in rehabilitating juvenile offenders.
d. [removed]
both has not had an effect in reducing or stemming juvenile crime and has, as its sole contribution to juvenile justice, brought justice and compassion to youthful offenders.
9.
Judges may place youths in:
a. [removed]
adult prisons, training schools, and forestry camps.
b. [removed]
mental hospitals, private clinics, and county jails.
c. [removed]
medium and maximum security training schools.
d. [removed]
all of the choices apply.
10.
Which of these is not a role that defense attorneys play?
a. [removed]
An advocate .
5Final ExaminationBCJ 240 Procedures in the Justice Sy.docxalinainglis
5
Final Examination
BCJ 240 Procedures in the Justice System
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
Typically, the lowest-level court(s) in a given state is/are: 1.
courts of general jurisdiction.a.
the state supreme court.b.
intermediate appellate courts.c.
courts of limited jurisdiction. d.
Each state has its own highest court, typically referred to as: 2.
superior courts.a.
intermediate appellate courts.b.
state supreme courts.c.
courts of limited jurisdiction. d.
At the federal level, the lowest-level trial court is referred to as: 3.
U.S. Supreme Court.a.
U. S. courts of appeals.b.
district courts.c.
trial courts. d.
When an appellate court reverses a lower court’s decision, it: 4.
nullifies or sets aside a trial verdict. a.
adjudicates the case.b.
sends the case to a higher court for reviewc.
sets the defendant free.d.
When an appellate court agrees with a lower court’s decision, it _____ that decision. 5.
reversesa.
affirmsb.
remandsc.
vacates d.
In order for a case to reach the Supreme Court, the court must decide whether it wants to 6.
hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is
known as a:
lex loci.a.
jus cogens.b.
certiorari.c.
writ of certiorari.d.
6
Final Examination
BCJ 240 Procedures in the Justice System
Which of the following is NOT a reason a “bright-line” decision may be helpful? 7.
It promotes consistency.a.
It promotes clarity and predictability.b.
It is ambiguous. c.
It is subject to very little interpretation. d.
Police conduct that is considered reasonable by the police officer engaged in the conduct is 8.
referred to as:
subjective reasonableness.a.
objective reasonableness.b.
reasonable objectiveness.c.
unreasonable objectiveness. d.
The term “objective reasonableness” in criminal procedure refers to: 9.
what a single individual believes is reasonable.a.
what a reasonable person believes is reasonable.b.
what a jury believes is reasonable.c.
what a reasonable person would do or feel under the circumstances. d.
Judicial restraint refers to: 10.
limiting decisions to the facts of each case.a.
deciding cases based on additional, hypothetical situations.b.
interpreting complex legal issues.c.
relying on case law to determine outcomes. d.
The past Supreme Court requirement that a physical intrusion by authorities must have taken 11.
place to violate one’s privacy is referred to as the:
electronic communication protection doctrine.a.
privacy doctrine.b.
trespass doctrine.c.
physical protection doctrine. d.
7
Final Examination
BCJ 240 Procedures in the Justice System
In the Section 1983 context, the requirement that the plaintiff (i.e., the party suing) 12.
generally has to prove that the defendant officer intended for the violation to occur is
referred to as
liabilitya.
credibilityb.
accountability c.
culpability d.
.
QUESTION 1Sentencing is done with five basic goals in mind Retr.docxJUST36
QUESTION 1
Sentencing is done with five basic goals in mind: Retribution, Incapacitation, Deterrence, Rehabilitation, and ___________________?
A.
Out of Spite
B.
Fairness
C.
Restoration
D.
High conviction rates
QUESTION 2
Incapacitation is the use of imprisonment or other means to reduce the likelihood an offender is capable of committing future offenses.
True
False
QUESTION 3
Match the criminal sentencing term with its definition:
An attempt to reduce/stop crime by changing the attitude toward crime as a whole and the overall behavior of offenders.
An attempt by the criminal justice system to “restore” the victim to the state they were before the crime occurred.
The use of imprisonment or other means to reduce the likelihood an offender is capable of committing future offenses.
The goal of criminal sentencing that seeks to restrain criminal behavior because they fear the punishment if caught.
Holds offenders personally responsible; they get their “just deserts.”
A model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecific sentences.
A model of criminal punishment where an offender is given a fixed sentence that may be reduced by good behavior while serving his/her time or for worked performed while serving their sentence.
A.
Retribution
B.
Incapacitation
C.
Determinate Sentencing
D.
Deterrence
E.
Rehabilitation
F.
Restoration
G.
Indeterminate Sentencing
QUESTION 4
The Comprehensive Crime Control Act of 1984 did what?
A.
Limit federal judges’ discretion
B.
Reduce disparity
C.
Promote consistency and uniformity
D.
Increase fairness and equity
E.
All the above
QUESTION 5
What effect did United States v. Booker, 543 U.S. 220 (2005) have on the courts?
A.
Invalidated any state sentencing schema that allowed judges, rather than juries, to determine any factor that increases a criminal sentence, except for prior convictions.
B.
Held a Career Criminal could be adjudged and sentenced all in a single hearing.
C.
Held the Sixth Amendment right to jury trial requires only facts admitted by a defendant or proved beyond a reasonable doubt may be used to calculate a sentence. The maximum sentence a judge may impose can be based upon those facts.
D.
Held judges cannot accept plea bargains that would have resulted in sentences lower than the minimum required by law for a particular type of offense.
QUESTION 6
A Presentence Investigation Report (PSI) is?
A.
An investigative report into the history of a convicted person
B.
Contained in the police officer’s criminal report of the crime.
C.
No longer used by the courts due to Tennessee v. Garner.
D.
Are only done when requested by the defense.
QUESTION 7
Restorative programs are characterized by which key value:
A.
Encounter: Create opportunities for victims, offenders and community members to meet to discuss the crime and its aftermath.
B.
Amends: Expect offenders to take steps to repair the harm they have caused.
C.
Reintegration: Seek to ...
1.A preliminary investigation is conducted by probation officers.docxjackiewalcutt
1.
A preliminary investigation is conducted by probation officers at or during:
a. intake.
b. investigation.
c. supervision.
d. release of offender.
2.
The United States Supreme Court has ruled that only juveniles over the age of _____ can be executed for their crimes.
a. 10
b. 12
c. 14
d. 17
3.
What percent of juveniles currently are waived to adult court?
a. 5 percent
b. 15 percent
c. 25 percent
d. 36 percent
4.
Judges must hold probable cause hearings when:
a. prosecutors file to send a juvenile to adult court.
b. cases come to the adult court by a mandatory judicial waiver.
c. cases come to the adult court by a discretionary judicial waiver.
d. all of the choices apply.
5.
The probation official who has replaced the case worker is the:
a. police officer.
b. community resource manager.
c. intake officer.
d. referee.
6.
Which is the correct order in which probation services are provided?
a. Intake, investigation, supervision
b. Supervision, intake, investigation
c. Investigation, intake, supervision
d. Arrest, intake, investigation, supervision, bail
7.
In order for a state to have a valid death penalty, judges must consider:
a. mitigating circumstances.
b. statistical ambiguities in demographic trends.
c. historical traditions of the court.
d. future impact of the penalty on deterring crimes.
8.
According to studies on restitution, which of the following are among the primary goals of restitution programs?
a. Hold parents accountable for their children's offenses
b. They set-up local programs to fully reimburse victims for their financial damages at their expense
c. They hold juveniles accountable for their offenses
d. All of the choices apply
9.
The balanced approach in probation focuses on:
a. arrest, conviction, and confinement.
b. correction, rehabilitation, and aftercare.
c. the community, the victim, and the offender.
d. both arrest, conviction, and confinement and correction, rehabilitation, and aftercare.
10.
Which of the following are (is/a) goal(s) of electronic monitoring programs?
a. To reduce the number of field contacts required by home-confinement officers
b. To provide for early unification with the juvenile's family
c. To keep the juvenile out of school
d. Both to reduce the number of field contacts required by home-confinement officers and to provide for early unification with the juvenile's family
11.
Which of the following is the most widely used organization of probation in the United States?
a. Local/judicial
b. State/judicial
c. State/executive
d. Local/executive or a combination
12.
To keep youths out of the adult system, Hamparian, et al. have proposed the formation of a(n):
a. hidden system of justice.
b. youthful offender system.
c. net widening system.
d. none of the choices apply.
13.
Probation officers must satisfy:
a. the needs of the client.
b. only the juvenile justice system needs.
c. their own ...
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1. Which view of incorporation favors incorporation of certain protections enumerated in the Bill of Rights, but not all of them? It deems certain rights as being more critical or fundamental than others.
a. Total Incorporation
b. Selective Incorporation
c. Total Incorporation Plus
d. Case-by-Case Incorporation
2. Which incorporation perspective has arguably “won out” over the others?
a. Total Incorporation
b. Selective Incorporation
c. Total Incorporation Plus
d. Case-by-Case Incorporation
3. A precedent is a rule of case law that is binding on all lower courts and the court that issued it. The courts will defer to prior decisions based on a similar set of facts and legal questions. This doctrine is known as:
a. Res Gestae.
b. Scire Feci.
c. Stare Decisis.
d. Suo Motu.
4. When a decision does not apply to the current facts, a court will, saying, in effect, that because the facts of the present case are different, the case cannot be decided the same way.
a. distinguish the case
b. use case precedent
c. judge decision
d. enact case law
5. The theory world and real world can differ for which of the following reasons?
a. The Supreme Court sometimes makes decisions on excruciatingly detailed matters that have almost no applicability to most law enforcement officers most of the time.
b. The Supreme Court frequently hands down decisions that would seem to have dramatic effects on the nature of law enforcement, but actually involve issues that are already being addressed by many police agencies.
c. What the courts say and what the police do can differ simply as a consequence of some aspect of the U.S. legal system.
d. All of the above.
BCJ 240 Procedures in the Justice System
Unit 1 Examination
BCJ 240 Procedures in the Justice System
Unit 1 Examination
e.
40
41
6. The primary purpose of criminal procedure is to maintain the proper balance between:
a. controlling crime and due process.
b. dictatorship and democracy.
c. servitude and equality.
d. protection and procedure.
7. Which of the following is NOT one of the concepts underlying the due process perspective?
a. The criminal process looks, or should look, something like an “obstacle course.”
b. Quantity is better than quality.
c. Formality is preferred over informality.
d. A great deal of faith is put in the courts.
8. Which of the following is NOT a characteristic of the crime control perspective?
a. Assembly-line justice
b. Quantity over quality
c. Insistence on informality
d. Faith in the courts
9. Legal guilt is determined by whether a person is guilty according to the:
a. police
b. judge
c. law
d. jury
10. Which exception to the fruit of poisonous tree doctrine permits the introduction of evidence if it has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act?
a. Independent source exception
b. Purged taint exception
c. Inevitable ex.
Understanding Immigration Detainers - An Overview for State Defense CounselUmesh Heendeniya
This document provides an overview of immigration detainers for state defense counsel. It discusses that detainers allow ICE to request that local law enforcement hold individuals for up to 48 hours after they would otherwise be released. While detainers are meant to notify ICE of an individual's release, they can impact bail determinations and access to diversion programs in criminal cases. The document reviews the legal authority for detainers and strategies state defense counsel can take to challenge detainers.
This document establishes a probation system in the Philippines through Presidential Decree No. 968. It aims to promote rehabilitation of offenders and reduce recidivism through less costly community-based probation programs as an alternative to imprisonment. Key points of the decree include:
- Creating a Probation Administration under the Department of Justice to oversee probation programs and officers.
- Establishing criteria for offenders to be eligible for probation, including a maximum 6-year sentence and prohibiting certain offenses.
- Outlining conditions and supervision of probation, including required reporting, potential modifications, and consequences of violations.
- Detailing roles and qualifications of probation officers at regional, provincial and city levels to investigate cases and super
The chapter discusses probation, parole, and their supervision. Probation and parole were developed to reduce prison overcrowding and costs through early release. Probation is a suspended sentence allowing offenders to remain free under court supervision. Parole is conditional early release granted by parole boards. Both require compliance with conditions or release can be revoked. Probation and parole officers supervise released offenders and act as social workers and law enforcement to support rehabilitation in the community.
This law is heavily influenced by Philippine law (PRESIDENTIAL DECREE NO. 968). Individuals convicted of a crime may be excused from their punishments for a specified period of time, and the court will monitor them. The court will agree that it is preferable for the offender to avoid prison and instead be monitored by the judge. Because the law's objective is not only to punish criminals by imprisoning them, but also to assist them in changing for the better in settings other than prison, such as those on probation.
Which of the following is one of the more rational sentencing goal.docxalanfhall8953
Which of the following is one of the more rational sentencing goals?
A. deterrence
B. rehabilitation
C. retribution
D. incapacitance
Question 2 of 40
2.5 Points
The U.S. Supreme Court case Gideon v. Wainwright established the right to counsel for indigent defendants in which felony court proceedings?
A. misdemeanor
B. federal
C. state
D. first degree
Question 3 of 40
2.5 Points
What type of deterrence seeks to reduce the likelihood of recidivism by convicted offenders?
A. focused
B. preventive
C. general
D. specific
Question 4 of 40
2.5 Points
In what kind of trials is the federal court system responsible for the enforcement of federal codes?
A. civil trials
B. criminal trials
C. administrative trials
D. all of the above
Question 5 of 40
2.5 Points
An arraignment, a bail hearing, and a trial for a felony offense are all conducted at which tier of a state court system?
A. trial court of limited jurisdiction
B. trial court of general jurisdiction
C. intermediate appellate court
D. court of last resort
Question 6 of 40
2.5 Points
In which court would a felony trial be held in the federal court system?
A. District Court
B. Court of Appeals
C. United States Supreme Court
D. United States Magistrates Court
Question 7 of 40
2.5 Points
Courts that have the authority to review a decision made by a lower court are said to have what type of jurisdiction?
A. mandatory jurisdiction
B. oversight jurisdiction
C. appellate jurisdiction
D. original jurisdiction
Question 8 of 40
2.5 Points
What is trying someone twice for the same offense known as?
A. double jeopardy
B. dual jurisdiction
C. Constitutional jeopardy
D. double liability
Question 9 of 40
2.5 Points
The U.S. Supreme Court case United States v. Bagley compels the prosecution to disclose any evidence requested by whom?
A. police
B. judge
C. press
D. defense
Question 10 of 40
2.5 Points
Which work group member has the responsibility of demonstrating to a jury that a defendant is guilty beyond a reasonable doubt?
A. the judge
B. the prosecutor
C. the defense attorney
D. the bailiff
Question 11 of 40
2.5 Points
Who is responsible for summoning members of the public for jury duty and subpoenaing witnesses for the prosecution and the defense?
A. the bailiff
B. a local court administrator
C. the court recorder
D. the clerk of court
Question 12 of 40
2.5 Points
Which of the following represents the order of the steps in a criminal trial?
A. trial initiation, the judge’s charge to the jury, jury selection, opening statements, presentation of evidence, closing arguments, jury deliberations, the verdict
B. trial initiation, opening statements, jury selection, presentation of evidence, closing arguments, the judge’s charge to the jury, jury deliberation, the verdict
C. trial initiation, jury selection, opening statements, presentation of evidence, closing arguments, the judge’s ch.
1.A preliminary investigation is conducted by probation officers a.docxmansonagnus
1.
A preliminary investigation is conducted by probation officers at or during:
a. [removed]
intake.
b. [removed]
investigation.
c. [removed]
supervision.
d. [removed]
release of offender.
2.
The United States Supreme Court has ruled that only juveniles over the age of _____ can be executed for their crimes.
a. [removed]
10
b. [removed]
12
c. [removed]
14
d. [removed]
17
3.
What percent of juveniles currently are waived to adult court?
a. [removed]
5 percent
b. [removed]
15 percent
c. [removed]
25 percent
d. [removed]
36 percent
4.
Judges must hold probable cause hearings when:
a. [removed]
prosecutors file to send a juvenile to adult court.
b. [removed]
cases come to the adult court by a mandatory judicial waiver.
c. [removed]
cases come to the adult court by a discretionary judicial waiver.
d. [removed]
all of the choices apply.
5.
The probation official who has replaced the case worker is the:
a. [removed]
police officer.
b. [removed]
community resource manager.
c. [removed]
intake officer.
d. [removed]
referee.
6.
Which is the correct order in which probation services are provided?
a. [removed]
Intake, investigation, supervision
b. [removed]
Supervision, intake, investigation
c. [removed]
Investigation, intake, supervision
d. [removed]
Arrest, intake, investigation, supervision, bail
7.
In order for a state to have a valid death penalty, judges must consider:
a. [removed]
mitigating circumstances.
b. [removed]
statistical ambiguities in demographic trends.
c. [removed]
historical traditions of the court.
d. [removed]
future impact of the penalty on deterring crimes.
8.
According to studies on restitution, which of the following are among the primary goals of restitution programs?
a. [removed]
Hold parents accountable for their children's offenses
b. [removed]
They set-up local programs to fully reimburse victims for their financial damages at their expense
c. [removed]
They hold juveniles accountable for their offenses
d. [removed]
All of the choices apply
9.
The balanced approach in probation focuses on:
a. [removed]
arrest, conviction, and confinement.
b. [removed]
correction, rehabilitation, and aftercare.
c. [removed]
the community, the victim, and the offender.
d. [removed]
both arrest, conviction, and confinement and correction, rehabilitation, and aftercare.
10.
Which of the following are (is/a) goal(s) of electronic monitoring programs?
a. [removed]
To reduce the number of field contacts required by home-confinement officers
b. [removed]
To provide for early unification with the juvenile's family
c. [removed]
To keep the juvenile out of school
d. [removed]
Both to reduce the number of field contacts required by home-confinement officers and to provide for early unification with the juvenile's family
11.
Which of the following is the most widely used organization of probation in the United States?
a. [removed]
Local/judicial
b. [removed]
State/judic.
OCA - Special Report to Parliament on Children in Police Lockups Rodje Malcolm
The Office of the Children's Advocate (OCA) visited the Free Port lock-up in Montego Bay, St. James on February 3, 2010. They observed 21 children detained in overcrowded and unsanitary conditions, with limited access to basic necessities. The OCA found several violations of both international standards and Jamaican law regarding the treatment of detained children. These included mixing of children of different ages and offenses, lack of educational programs, and failure to separate children from adults. The OCA reported their findings to relevant authorities and is considering legal action to address the inadequate conditions and non-compliance with child protection laws at the Free Port lock-up.
Special Report to Parliament on Children in Police Lockups - Office of the Ch...Rodje Malcolm
The Office of the Children's Advocate visited the Free Port lock-up in Montego Bay, Jamaica on February 3, 2010. They observed that the children detained there were held in four cells, and that the lock-up had only two bathrooms shared by all inmates, male and female. International standards require that children in detention be held separately from adults and have access to education, recreation, and legal counsel. The conditions observed at the Free Port lock-up did not meet these standards.
This document provides information about bail under Indian law. It defines bail as the release of an accused person from custody, on the condition that they will appear in court as required. The purpose of bail is to allow the accused person their liberty while ensuring their presence at trial, and protecting against unnecessary detention before being proven guilty. Bailable offenses are punishable by less than 3 years imprisonment or fine only, while non-bailable offenses are more serious crimes punishable by death, life imprisonment, or over 7 years imprisonment. The document outlines the bail process and relevant sections of the Code of Criminal Procedure (CrPC) governing bail.
This document provides an overview of corrections in the Philippines, including both institution-based and non-institution based (community-based) corrections. It discusses the five pillars of the criminal justice system - law enforcement, prosecution, courts, corrections, and community. Corrections aims to punish offenders, protect the public, rehabilitate offenders, and compensate victims. Institution-based corrections involves imprisonment, while non-institution based involves probation, parole, and executive clemency. The document provides brief histories and processes for parole, probation, and executive clemency in the Philippines. It also discusses rehabilitation programs offered by the Parole and Probation Administration and other agencies.
The document is a criminology board exam reviewer that provides 20 multiple choice practice questions to help students prepare for criminology board examinations or law enforcement promotional exams. The questions cover topics like criminology theories, criminal law, criminalistics, and corrections. The reviewer is intended to simulate exam questions and fully prepare test takers.
Similar to Diagnostic examination in_correctional_admin (20)
1. www.rkmfiles.net
DIAGNOSTIC EXAMINATION IN
CORRECTIONAL ADMINISTRATION
CRIMINOLOGISTS Licensure Examination
Third Day 1:30 p.m. – 4:30 p.m.
=================================================================
INSTRUCTION: Select the correct answer for each of the following
questions. Mark only one answer for each item by marking the box
corresponding to the letter of your choice on the answer sheet
provided. STRICTLY NO ERASURES ALLOWED. Use pencil no. 1 only.
MULTIPLE CHOICE
1. What is the Executive Department that supervises and controls
the numerous Correctional Institutions nationwide?
a. Department of Justice
b. Department of Interior and Local Government
c. Department of Social Welfare and Development
d. Department of National Defense
2. Articles 1706 - 1727 of the revised Administrative Code as
amended is known as -
a. Correction Law c. Jail Management Law
b. Prison Law d. Parole and Probation Law
3. The Head of the Bureau of Corrections is known as -
a. Chief of the Bureau of Corrections
b. Director of the Bureau of Corrections
c. Superintendent of the Bureau of Corrections
d. none of these
4. What Bureau under the DILG is responsible for the supervision
and control of Jails?
a. BJMP c. Bureau of Corrections
b. Provincial Jail d. City/Municipalities
5. What are the type of Jails under the Supervision of the BJMP?
A. Provincial and Sub-Provincial Jails
B. City and Municipal Jails
C. District Jails
D. Insular Jails
6. Provincial Jails were first established in 1910 under the
American Regime. At present, who supervises and controls the
said jails?
a. BJMP b. DOJ c. Provincial Government d. LGU
7. Who is the Head of the Provincial Jail?
a. Provincial Jail Director c. Provincial Administrator
b. Provincial Jail Warden d. Governor
8. What is the primary purpose of imprisonment?
a. Rehabilitation and Reformation c. to stand trial
b. Punishment d. Socialization
9. A place of confinement for persons awaiting trial or court
action and where the convicted offenders serve short sentences
or penalty of imprisonment is known as
a. Jail c. Lock-up
b. Penitentiary d. Detention Cells
10.The act of prisoner trying to convert or induce another to
change his religious beliefs, sect or the like to another
while under confinement is referred to as
a. Proselytizing c. Initiation
b. Fraternization d. Inducement
Downloadable at www.rkmfiles.net 1
2. 11.A warrant issued by the court bearing its seal and signature
of the judge directing the jail or prison authorities to
receive the convicted offender for service of sentence or
detention is known as -
a. Mittimus c. Detention Mittimus
b. Sentence Mittimus d. Detention Warrant
12.The entrusting for confinement or an offender to a jail by
competent court or authority for investigation, trial and or
service of sentence is referred to as
a. Commitment c. Detention
b. Imprisonment d. Recognizance
13.The mechanical device or contrivance, tools or implement used
to hold back, keep in check or under control is the
a. Instrument of Restraint c. Iron leg Lock
b. Handcuffs d. metallic chains
14.The maintenance of care and protection accorded to people who
by authority of law are temporarily incarcerated for violation
of laws and also those who were sentenced by the court to
serve judgment is called -
a. custody c. Safe-Keeping e. Protection
b. Classification d. caring
15.Which of these refers to the assigning or grouping of
offenders according to their sentence, gender, age,
nationality, health, criminal record, etc?
a. Classification c. Custody
b. Security d. Safe Keeping
16.Where a newly committed insular prisoner undergoes diagnosis
and treatment as part of the classification process?
A. Reception and diagnostic center (RDC)
B. Medical Center
C. treatment Center
D. Diagnostic and Treatment Center
17.Who is tasked with the gathering and collecting of information
and other data of every prisoner into a case study to
determine the work assignment, the type supervision and degree
of custody and restriction under which an offender must live
in jail?
a. Classification Board c. Board of Custody
b. Diagnostic Board d. Treatment Board
18.The open institution usually a penal farm or camp is known as
the
A. NBP
B. Maximum Security Institution
C. Medium Security Institution
D. Minimum Security Institution
19.The Bureau of Correction has an admission program for newly
committed offenders to remain in the reception and diagnostic
center for a period of -
a. 30 days c. 20 days e. 45 days
b. 60 days d. 10 days
20. How many days that a national offender be confined at the
Separation Center before the actual release?
a. 30 c. 10 e. 15
b. 60 d. 45
21.What is the act of grace from a sovereign power inherent in
the state which exempts an individual from the punishment
which the law imposes or prescribes for his crime, extended by
the President thru the recommendation of the Board of Parole
and Pardon?
a. Amnesty c. Parole
b. Pardon d. Probation
Downloadable at www.rkmfiles.net 2
3. 22.The form of Executive Clemency which reduces the sentence of a
convicted person to shorter term is referred to as -
a. Amnesty c. Probation
b. Commutation d. shortening
23.Under the prison service manual, the prescribed color of
prison uniform for maximum security prison is-
a. Orange c. Yellow e. Strife Orange
b. Blue d. Pink
24.Who is the executive officer in charge of each correctional
institution?
A. Correctional or custodial officer
B. Warden or Superintendent
C. Commissioner or Director
D. Chief Warden
25.The end purpose of classification is -
a. To orient new inmates for prison life
b. To prepare inmates for prison life
c. To develop integrated and realistic program for prison
d. all of these
26.When an inmate is given a "shakedown" before admission it
meant
a. Process of identification, record, fingerprint and
photograph
b. Examination for contraband
c. His commitment paper are delivered to record clerk
d. All of these
27.An inmate shall be transferred to a separation center for
adjustment process from life in prison to life in free
community within -
A. 60 days prior to release
B. 30 days prior to release
C. 90 days before release
D. 15 days prior to release
28.Which of these 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. B.P. Blg. 85 c. PD 29
b. B.P. 22 d. PD 968
29.An inmate maybe granted parole if he -
a. earned good conduct time allowance credit
b. serve minimum sentence
c. earned good behavior while serving prison term
d. all of these
30. Who prescribes minimum standard of security, hygiene,
recreational, work program to provincial and/or city jails?
a. Secretary of Justice c. Custodial Officer
b. Director of Prison d. Director for Good Behavior
31.Aside from protecting the public, imprisonment has for its
latest objective, the -
a. reformation of offenders c. Deterrence
b. Segregation of offender d. Confinement of Offenders
32.In the New Bilibid Prison, the medium security prisoners are
confined at -
a. NBP main prison c. Camp Bukang Liwayway
b. Camp Sampaguita d. Medium Security Prison
33.Who is charged for the hearing of disciplinary cased in
prison?
a. Classification Board c. Parole Board
b. Administrative Board d. Disciplinary Board
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4. 34.The imprisonment a convicted offender may serve, at the rate
of PhP8.00 a day subject to certain rules, for failure to pay
a fine and if ordered to do so by the judgment is referred to
as
a. Subsidiary imprisonment c. Secondary Imprisonment
b. Preventive Imprisonment d. None of the above
35.Placing a person to custodial coercion is to place him into
physical jeopardy, thus drastically narrowing his access to
sources of personal satisfaction and reducing his self –
esteem. This is true in:
a. Managerial aspect c. Restorative aspect
b. Humanitarian aspect d. None of the above is
correct
36.The form of conditional release that is granted after a
prisoner has served a portion of his sentence in a
correctional institution is known as:
a. conditional pardon c. probation
b. parole d. commutation
37.The Bureau of Correction is under the Department of:
A. Interior and Local Government
B. Bureau of Jail Management and Penology
C. Justice
D. National Security
38.The kind of pardon under which the convict is required to
comply with certain requirements is referred to as the
a. conditional pardon c. amnesty
b. probation d. parole
39.The act of the president changing and reducing a heavier
penalty sentence or longer term into a shorter term is known
as the
a. Commutation c. Pardon
b. Amnesty d. Probation
40.The meaning of the word oblivion is
a. forgetting completely c. class of persons
b. abolish d. community based treatment
41.The principle of separating homogeneous type of prisoners that
requires special treatment and custody is called:
a. classification d. distinction
b. diversification e. differentiation
c. quarantine
42.The process of determining the needs and requirements of
prisoners for assigning them to programs according to their
existing resources is called:
a. classification c. quarantine
b. diversification d. quality control
43.The formulation of tentative treatment program suited for the
prisoner is known as :
a. medical officer c. treatment planning
b. classification board d. treatment program
44.The lowest in rank assigned to sentinel post such as guard
houses and gates are:
a. Prison guards c. PO1
b. Senior prison guards d. NUP
45.The Custodial Division is charged with the security of
prisoners, which of the following is considered as the
commanding officers?
a. security officers c. senior prison guards
b. supervisor prison guards d. prison guards
46.Which of the following is the function of the Custodial
Division?
a. supervision of prisoners c. escort
b. keep records d. all of the above
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5. 47.The most used factor for diversification is:
a. degree of custody c. minimum security
b. maximum security d. graveness of crime
48.The putting of offenders in prison for the purpose of
protecting the public and at the same time rehabilitating them
by requiring the latter to undergo institutional treatment
program is referred to as:
a. imprisonment b. conviction c. Trial d. Detention
49.Prisoners sentenced from one day to three years or a fine of
not more than one thousand pesos are categorized as-
a. Insular Prisoner c. City Prisoner
b. Provincial Prisoner d. none of these
50.Public humiliation or public exhibition also mean:
a. public execution b. social degradation
c. banishment d. public trial
th th
51. During the 16 up to the 18 century, a criminal may be sent
away from a place carried out by prohibition to coming against
a specified territory. This is an ancient form of punishment
called:
a. exile c. transportation
b. banishment d. public trial
52.The theory in penal science which maintains that punishment
gives lesson to the offender and the would be criminals is
called:
a. deterrence c. reformations
b. incapacitation d. public safety
53.One of the following represents the earliest codification of
the Roman law, which was incorporated into the Justinian Code.
a. Twelve Tables c. Burgundian Code
b. Code of Draco d. Hammurabic code
54.Municipal prisoners are those sentenced to suffer a term of
imprisonment from _____.
a. 1 day to 3 years c. 1 day to 30 days
b. 1 day to 6 months d. none of these
55.The Sablayan Penal Colony and Farm, a National Penitentiary in
the Philippines under the BUCOR is located in _____.
a. Palawan b. Davao c. Zamboanga d. Occ. Mindoro
56.In the history of correction, thinkers during the reformatory
movement were the major influences of today’s correctional
system. Alexander Mochanochie was the one who introduced the:
a. Solitary system b. Irish System
c. Marked System d. Congregate system
57.What law renamed the Bureau of Prison to Bureau of Correction
during the Aquino administration in the Philippines?
a. E. O 727 b. E.O 292 c. E.O 645 d. E. O 104
58.The generic term that includes all government agencies,
facilities, programs, procedures, personnel, and techniques
concerned with the investigation, intake, custody,
confinement, supervision, or treatment of alleged offenders
refers to:
a. Correction b. Penology
c. criminal Justice d c. base pillar
59.Retaliation is the earliest remedy for a wrong act to any one
(in the primitive society). The concept follows that the
victim’s family or tribe against the family or tribe of the
offender, hence “blood feuds” was accepted in the early
primitive societies. Retaliation means:
a. Personal Vengeance c. Tooth for a tooth
b. Eye for an Eye d. all of these
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6. 60.In Babylon, about 1990 BC, credited as the oldest code
prescribing savage punishment but in fact.
a. Hammurabic code c. Sumerian Code
b. Justinian code d. Code of Draco
61.In 1936, the City of Manila exchanges its Muntinlupa property
with the Bureau of Prisons originally intended as a site for
boys’ training school. Today, the old Bilibid Prison is now
being used as the Manila City Jail, famous as the :
a. “ May Halique Estate” c. “Tandang Sora State”
b. New Bilibid Jail d. Muntinlupa Jail
62.He is the first leader to prescribe imprisonment as
correctional treatment for major offenders.
a. Charles Montesiquieu c. Jeremy Bentham
b. William Penn d. Cesare Beccaria
63.The sheriff of Bedsfordshire in 1773 who devoted his life and
fortune to prison reform. After his findings on English
Prisons, he recommended the following: single cells for
sleeping, segregation of women, segregation of youth,
provision of sanitation facilities, abolition of fee system by
which jailers obtained money from prisoners.
a. John Howard c. Robert Peel
b. William Penn d. Manuel Montesimos
64.The penalty imposed for offenders must be certain. This means
that:
a. the guilty one must be the one to be punished, no proxy.
b. no one must escape its effect
c. it must be equal for all persons
d. the consequences must be in accordance with law
65.The duration of arresto menor as a penalty is from ____
imprisonment.
a. 1 day to 1 month c. 1 day to 31 days
b. 1 day to 30 days d. either A or C
66. Mr. Cruz was convicted of the crime of murder. After 10 days
from the promulgation of the sentence, he escaped from his
place of confinement. He is:
a. liable for evasion of service of sentence
b. not liable for evasion of service of sentence
c. considered as an escaped prisoner
d. none of these
67.Ms. Banta was convicted for the crime of infanticide. After
serving her sentence she committed again the same crime. Ms
Banta is a:
a. recidivist c. quasi-recidivist
b. habitual delinguent d. mentally retarded person
68. Mr. Manny was convicted for the crime of homicide. While
serving his sentence, he committed the crime of rape. Manny is
considered a:
a. recidivist c. quasi-recidivist
b. habitual delinguent d. mentally retarded person
69.Ms. Tipan was convicted for the crime of adultery for three
times and with in a period of ten years. Tipan is considered
as:
a. recidivist c. quasi-recidivist
b. habitual delinguent d. mentally retarded person
70.Mr. Pande is a barangay tanod in their barangay. He arrested
Mike for some legal ground but he failed to file a complaint
against the latter with in the prescribed period of filing.
What crime did Pande committed?
a. arbitrary detention c. illegal Detention
b. illegal arrest d. no crime committed
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7. 71. Mr. Santos is a private individual. He conspired with PO1 Juan
in detaining X. What crime did Santos committed?
a. Arbitrary detention c. Illegal detention
b. Illegal arrest d. none of these
72.PO1 Juan arrested Dino Santos by virtue of a warrant of
arrest. He failed to deliver the latter to the proper judicial
authorities with in the prescribed hours of delivery. What
crime did the policeman committed?
a. Arbitrary detention
b. Delaying Release
c. Delay in the delivery of detained person
d. Illegal arrest
73.The Camp Sampaguita in Muntinlupa houses:
a. Super Maximum Security Prisoners
b. Medium Security Prisoners
c. Maximum Security Prisoners
d. Minimum Security Prisoners
74.The only early Roman place of confinement which is built under
the main sewer of Rome in 64 B.C.
a. Bridewell Workhouse c. Wulnut Street Jail
b. Burgundian House d. none of these
75.The punishment should be provided by the state whose sanction
is violated, to afford the society or individual the
opportunity of imposing upon the offender suitable punishment
as might be enforced. Offenders should be punished because
they deserve it. This is one justification of punishment
called:
a. Atonement c. Incapacitation e. a or
b
b. Deterrence d. Retribution
76.The penalty imposed for offenders must be certain. This means
that:
a. The guilty one must be the one to be punished, no proxy.
b. No one must escape its effect
c. It must be equal for all persons
d. The consequence must be in accordance with law
77.The program which is conducive to change behavior and moral by
changing prisoner’s attitude for a useful education refers to:
a. Vocational education c. Prison education
b. Work programs d. Recreational Programs
78.The purpose of commutation of sentence is to:
a. do away with the miscarriage of justice
b. break the rigidity of the law
c. restore the political and civil rights of the accused
d. all of the above
79.The following are the aims of diversification in prison or
jail, except:
a. more effective execution of treatment programs
b. to prevent physical contamination of one group another
c. to prevent unnecessary custodial risk
d. none of the above
80.The following are the duties of the custodial force in prison,
except:
a. Censor offender’s inmate
c. Escort inmates
b. Inspect security devices
d. Conduct disciplinary hearing
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8. 81.One of the following is an admission procedure which involves
the frisking of the prisoner.
a. Identification c. Searching
b. Briefing/Orientation d. minimum security prisoners
82.When a jailbreak, escape or riot is in progress or has just
been perpetrated in the jail, the officer at the control
centers shall immediately:
a. sound the alarm
b. notify the nearest police precinct
c. locked prisoners in their respective cells
d. call the warden or the director
83.In case of mass jailbreak, all members of the custodial force
shall be immediately issued firearms and assigned to critical
posts to:
a. plug off the escape routes c. to shoot the escape
b. protect the other inmates d. to give warning shots
84. If the warden is taken as the hostage, for all intents and
purposes, he ceases to exercise authority and the next in
command or the _______ officer present shall assume the
command.
a. Veteran b. assistant c. most senior d. custodian
85.Which of these is known as the Adult Probation Law, which
grants probation to prisoner sentenced to term in prison of
not more than six (6) years -
a. PD 603 b. PD 869 c. RA 6127 d. PD 698 e. PD968
86.Which of these is known as the release on Recognizance Law
providers for the release of offender charged with an offense
whose penalty is not more than six (6) months and/or a fine of
P2,000.00 or both, to the custody of a responsible person in
the community, instead of a bail bond -
a. RA 6036 b. RA 6127 c. PD 603 d. R.A. 3660
87.Waiting for the decision of the court on the application for
probation, the offender applying for probation -
a. Must stay in prison as a detainee
b. May be set free without bail
c. May be released on bail or recognizance
d. all of these
88.The continuing relationship between probation officer and
probationer is known as -
a. Affiliation guidance c. Pre-sentenced investigation
b. Supervision d. Probation guidance
89.The court may grant probation only -
a. After arraignment b. After conviction
c. Before conviction d. all of these
90.The investigation report of an officer shall be submitted to
the court not later than-
a. 15 days from receipt of the order
b. 30 days from receipt of the order
c. 60 days from receipt of the order
d. 45 days from receipt of the order
91.Upon receipt of the probation officer investigation report,
the court shall resolve the application for probation not
later than-
a. 60 days b. 30 days c. 15 days d. 45 days
92.A private person who, in 1669, established a workhouse in
Hamburg at his own expense because he had observed that
thieves and prostitutes were made worse instead by better by
the pillory and he hoped that they might be improved by work
and religious instruction in the workhouse. He is:
a. August Vollmer
b. Peter Rentzel c. Bishop Ridley d. Garofalo
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9. 93. The foremost advocate of reparation and restitution method
that if the offender is solvent, his property should be
attached at the time of proceedings when started, so that he
can be compelled by order of the court to make restitution.
a. Bonneville de Marsangy c. John Howard
b. Garofalo, Ferri and Fioretti d. Orlando Wilson
94.Who is the Father of Philippine Probation?
a. Jose Lacson c. Juan Ponce Enrile
b. Teodulo Natividad d. Antonio Torres
95.Those who have been once on probation under the Probation Law:
a. are qualified to apply for probation
b. are disqualified to apply for probation
c. may be granted for another probation
d. should be confined in prison
96.The quasi-judicial body which was created under Act no. 4103
otherwise known as the Indeterminate Sentence Law or the
Parole Law., the agency that grants parole to any prisoner who
is qualified to enjoy its benefit refers to:
a. The Probation and Parole Administration
b. The Board of Pardon and Parole
c. The Bureau of Correction
d. all executive clemencies
97.What is the country, whose early schemes for humanizing the
criminal justice under its common law, originated probation?
a. England b. United States c. Greece d. France
98.What is the country who first legally established probation?
a. Germany b. England c. Rome d. USA
99.Which of the following does not belong to the common law
practices to which the emergence of probation is attributed?
a. Recognizance c. Reprieve
b. Benefit of the Clergy d. Penance
100.Among the different common law practices, it is considered as
the earliest device for softening brutal severity of
punishment?
a. Benefit of the Clergy c. Penance
b. Recognizance d. Reprieve
**nothing follows**
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