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A. THE NORTHERN INDUSTRIAL PRISON was so called because it is found in the industrial belt of the
Northern United States. The State Penitentiary at McAlester, Oklahoma is an example of this type. There
were three (3) methods used to benefit from prison labor and these are:

1. CONTRACT SYSTEM prisoners were hired out to businessmen or corporation on a daily basis for a set
fee per head;

2. STATE ACCOUNT SYSTEM Contractors provide the raw materials and pay the state on a per piece price
for each item produced or manufactured; and

3. STATE-USE SYSTEM is a more risky venture but if properly managed, would bring profits to the state.
Under this set-up, the state operates the business itself in all its aspects.

B. THE SOUTHERN AGRICULTURAL PLANTATIONS are located in the agricultural deep south of the United
States. These penal institutions possess vast of landholdings and use as prison labor to produce
agricultural products out of the land. These plantations has a minimal facilities and therefore,
inexpensive to operate. They employ also "trustees" from minimum security convicts to beef-up security
forces.

C. THE CHAIN GANGS. Under this scheme, prisoners work in public works outside of the facilities. Today,
some prisoners, under this scheme, work in natural conservation work. To secure inmates from escape
while outside performing works, they were chained together, hence, the term "chain gangs evolved.
Chain Gang was originally imposed on black prisoners. In case of violation, prisoners were subjected to a
sweat box, in which prisoners were put in a steel box under the heat of the sun. This became popularly
known as American Siberia.

1. SHOT DRILL is a form of punishment inflicted to prisoners by carrying heavy loads from one place to
another and then returned to the same place over and over again everyday.

2. TREADMILL is a form of punishment where the prisoner was continually made to constantly climb the
stairs. Prisoners are made to climb this treadmill continually during the day with prisoners logging up to
14,000 feet of stairs per day.

D. THE CUSTODY-ORIENTED PRISON is a remnant of the prisons of the past century where prisoners were
punished by confining them only to their cells and isolating them from the rest of society. This was used
in super maximum security where the occupants were hardened criminals.

E. THE TREATMENT-ORIENTED PRISON is almost the goal of modern penal institutions. This emerged
after the enactment of Huber Law in the State of Wisconsin in 1913. This legalized work release program.
After five years, in the State of Mississippi, a law granting a prisoner, a furlough program was enacted.
Many states in the Unites States began to implement this program after enactment of Prisoner
Rehabilitation Act of 1965.

NEW YORK HOUSE OF REFUGE is the first juvenile reformatory which was opened in January 1825 and
located in New York City, its purpose was to protect children from degrading association with hardened
criminals in the country and state prison. Boston, founded its house of refuge in 1826 and Philadelphia in
1828. New Orleans erected its Municipal Boys’ Reformatory in 1845 and Massachusetts in 1847.

MACONOCHIE’S MARK SYSTEM, the fundamental principle of this system is by reduction of sentences
vis-à-vis proper department, labor and study. This was introduced by Captain Alexander Maconochie of
the English Royal Army.

THE IRISH SYSTEM – Using the “Mark System” and the incorporations of old practices in English Prisons
and Sir Walter Crofton’s program. He was the first to introduce the “Intermediate Prison” theory of
individualization of treatment equivalent to parole.

JAPAN PRISON MODERNIZATION started during the reign of Tokugawa Shogunate when the country
came under the occupation of Americans. This pro-American Emperor entered into treaties for the
establishment of Western Style Prison for those oppositionists to the provision in the treaty that is
disadvantageous to the Japanese.

EARLY CODES (PHILIPPINE SETTING)

The Philippines is one of the many countries that cane under the influence of the Roman Law. History
has shown that the Roman Empire reached its greatest extent to most of continental Europe such as
Spain, Portugal, French and all of Central Europe.

Eventually, the Spanish Civil Code became effective in the Philippines on December 7, 1889, the
“Conquistadores” and the “Kodigo Penal” (The Revised Penal Code today, 1930) was introduced by the
Spaniards promulgated by the King of Spain. Basically, these laws adopted the Roman Law principles
(Coquia, Principles of Roman Law, 1996).

Mostly tribal traditions, customs and practices influenced laws during the Pre-Spanish Philippines. There
were also laws that were written which include:
 A. THE CODE OF KALANTIAO (promulgated in 1433) the most extensive and severe law that
prescribes harsh punishment.
• This code contains 18 articles only but enough to maintain peace and harmony.
• This code was decreed by Datu Kalantiao about a hundred years before the coming of
the Spanish colonizers.

B. THE MARAGTAS CODE (by Datu Sumakwel)

C. SIKATUNA LAW

EARLY PRISONS:

MAMERTINE PRISON – the only early Roman place of confinement which is built under the main sewer
of Rome in 64 В.С.

Other places of confinement in the history of confinement include fortresses, castles, and town gates
that were strongly built purposely against roving bands of raiders.

The most popular workhouse was the BRIDEWELL WORKHOUSE (1557) in London which was built for the
employment and housing of English prisoners.

WALNUT STREET JAIL originally constructed as a detention jail in Philadelphia. It was converted into a
state prison and became the first American Penitentiary.

EARLY PRISONS IN THE PHILIPPINES:

In 1847, the first Bilibid Prison was constructed and became the central place of confinement for Filipino
Prisoners by virtue of the Royal decree of the Spanish crown.

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 “MAY HALIGUE ESTATE”.

THE EMERGENCE OF SECULAR LAW

Three Laws were distinguished:

1. External Law (Lex Externa), 2. Natural Law (Lex Naturalis),

2. Human Law (Lex Humana).

All these laws are intended for the common good, but the Human law only becomes valid if it does not
conflict with the other two laws.

PUNISHMENT It is the redress that the state takes against an offending member of society that usually
involves pain and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing.

HISTORICAL TYPES OF PUNISHMENT

MOST COMMON FORMS

A. Exile
B. Corporal punishment
C. Capital punishment
D. Less often, public ridicule

HUMILIATION

A. PUBLIC HUMILIATION OR SHAME

It has been used as a punishment from primitive times to present.

→ Greece clothes army deserters were publicly displayed in women’s

B. GAGS-This consisted of devices that were used to shame and constrain “scold” who openly,
habitually and abusively found fault, unjust, criticized, or lied about others.
C. BRIDLE It is an iron cage that fit over the head and had a front plate that was sharpened or
covered with spikes designed to fit into the mouth of the offender making movement of the
tongue very painful.
 D. DUCKING STOOL It has been used as a punishment as early as the 11th century. Those sentenced
to be “ducked” were placed on a chair and suspended over a body of water and plunged into it.
E. STOCKS Used as outside jails to punish the idle prior to the construction of houses of correction
in England.
F. PILLORIES – Dates back to the pre-Christian era. In England, they were commonly employed
during the Tudor period, but their peak use was during the 17th century.
G. BRANDING For offenders to be identified and stigmatized. It was employed for making offenders,
slaves and prisoners of war recognizable.

CORPORAL PUNISHMENT It was typically imposed in public as a means of setting an example for other
potential offenders (deterrence), and it inflicted pain on the offender as well, serving a retributive
function.

WHIPPING/FLOGGING/SCOURGING It is one of the oldest, most widely employed means of corporal

RUSSIAN KNOT The most formidable punisher ever devised. This instrument was a wooden-handled
whip that typically consisted of several rawhide thongs twisted together, terminating in a single strand
that projected about 18 inches beyond the body of the knot. The strands sometimes had hooks or rings
attached to the ends.

EARLY FORMS OF PUNISHMENT

The general concept of punishment is that it is an infliction of some sort of pain on the offender for
violating the law. This particular definition is not complete in the sense that it does not mention the
conditions under which punishment is administered or applied. In the legal sense, it is more
individualistic with regards to redress or personal revenge.

Punishment therefore, is defined as the redress that the state takes against an offending member. The
infliction of punishment was turned into a public occasion. The whippings, burnings, pillory, hanging, and
so on that typical of the period were street spectacles. Until the middle of the nineteenth century,
throughout Europe and even America punishments were carried out in a carnival atmosphere and the
crowds let fly their taunts as the executioner or sheriff carried out the orders of the King or court.

Punishment as spectacle thus was used for the purpose of crime control and as an important
opportunity for the exhibition of the sovereign power.
The earliest forms of punishment were death, torture, maiming, and banishment. The jail was
introduced in medieval; Europe as a place of confining persons arrested and undergoing trial and for
those convicted of minor offenses such as drunkenness, gambling and prostitution. Death, corporal
punishment and banishment were still the penalties for offenses which today are punishable by
imprisonment. Later, convicted offenders are chained to galleys to man the ships of war.

England, France and Spain used the transportation system of punishment by indenturing their convicts
to penal colonies where they served as slaves until they completed their service of sentence.
Transportation of offenders to penal colonies was practiced principally by European countries that had
acquired distant colonies because of the need to import labor into these colonies. England, more than
any other imperialistic country in Europe made extensive use of transportation. England first began
transporting prisoners in 1718, by sending her convicts to the American colonies until the American
Revolution.

When the revolution of the colonies obtained them their independence, England diverted her convicts
to Australia and New Zealand. England abandoned transportation of prisoners in the last half of the 18 th
century after mush agitations and protests on the part of the colonies.