Chapter Iii.docx

CHAPTER III RESEARCH DESIGN A. Methodology As stated in the previous chapters, this research aims to adopt the rehabilitative policies of the Dutch Prison System and apply it to the Philippine setting so as to shift the thrust of the latter’s correctional facilities from mere incarceration and isolation to rehabilitation and reintegration in society. This is made possible by providing answers to the sub-questions by the researchers in the proposed order, which would consequently allow them to reach logical and comprehensive findings, thus answering the main question. The first and second sub-problems aim to determine the existing policies on rehabilitation of both the Bureau of Corrections of the Philippine prison system and the National Agency of Correctional Institutions of the Dutch prison system in order for them to have a streamlined list, instrumental for the researchers to be able to answer the next question, which is to find out the aims of the policies at hand. Once this is established, the researchers will utilize three indicators in order to ensure that the aforementioned policies, as well as their aims, are oriented towards rehabilitation. The first indicator is the rate of recidivism for it enables the researchers to evaluate the performance of the rehabilitation system according to the tendency of ex-convicts to go back to their criminal behaviour; the second indicator is the rate of employment which aids in finding out whether the system of rehabilitation is effective with regard to the capacity of the ex-convicts to reintegrate successfully to society through their employment; and third is the number of paroles for good behaviour that would allow the researchers to determine whether the policies on rehabilitation are conducive to providing the offenders the amount of merit that they need in order to be released from prison. The indicators will be of primary importance in the researchers’ attempts to

discover whether or not the policies of both prison systems are indeed geared towards rehabilitation. The ultimate objective of the study is to create a proposal that the Bureau of Corrections can adopt in the improvement of its prison system. In line with these aims, it is within the knowledge of the researchers that it is difficult for the Bureau of Corrections to adopt policies from a foreign prison system because this suggests that they would have to take into consideration other processes that are already foreign to this study. However, the effort to propose such research entails the fulfilment of another objective—emphasizing that there are other ways in solving the problem of overcrowding besides expanding its physical facilities. That being said, the study is an applied political research and is further categorized by Shively as an engineering research which is “concerned with ascertaining the facts needed to solve political problems (p. 5).” In this light, the research is primarily descriptive and exploratory in design. On the one hand, it is descriptive in that it aims to systematically describe the situation of the Philippine prison system as regards its system of rehabilitation and the policies concerning it. This also applies to the Dutch prison system. On the other hand, it is exploratory in the sense that the study to be conducted is relatively new in the Philippine setting, and as such, there are only a few studies regarding the problem of overcrowding of Philippine prisons, and even fewer researches when overcrowding is viewed in a lens that sees it as a problem of rehabilitation policies, and not merely a problem of the lack of physical facilities. Ultimately, however, the research follows the causal and case study design—causal, first and foremost, because it seeks to propose that the adoption of the policies on rehabilitation of the Dutch prison system would help decrease overcrowding in the Philippine prisons. As such, it follows an “If X, then Y” pattern wherein X

is the independent variable that stands for better rehabilitation policies and Y is the dependent variable that pertains to the congestion or decongestion of prison facilities. On another note, the research also follows a case study design. The problem of overcrowding and the phenomenon of prisoner-shortage can be explained by many perspectives—one can either look at the implementation of administrative policies, the condition of the prison’s physical structures, or in the case of this research, the policies on the system of rehabilitation. A case study design allows the researchers to narrow down their study and focus merely on the system of rehabilitation for it is in that aspect wherein only a few studies have been made. Also, because a case study design is useful in testing how a model or theory applies in real life, the design not only enables the researchers to know much about the Dutch prison model, it also enables them to test whether or not the Theory of Constraints can be applied as a framework in these kinds of studies. The study is a qualitative research that is deeply focused on the policies of the Bureau of Corrections of the Philippines and the National Agency for Correctional Institutions of the Netherlands. To turn to purely quantitative methods in this study would entail major sacrifices on specific and general explanations that would be key in answering the proposed sub-problems. Additionally, the researchers are not seeking merely correlations from numerical figures, but are more oriented towards finding out descriptions and analyses of the rehabilitation systems of both prisons—and in this regard, numbers alone cannot tell the entire story. However, the researchers will also utilize numerical data in supporting the other kinds of data to be gathered. This means that the statistics to be retrieved will not be subject to mathematical analyses. B. Data Gathering Technique The technique relies greatly on the order of the sub-problems themselves for it outlines the institutions that they need to approach and the type of data that they must obtain. The

researchers have previously conducted a study regarding the comparison of detainees and convicted prisoners which allows them to have a inkling of how to approach the Bureau of Corrections in an attempt to retrieve pertinent data. Moreover, one of the researchers had his internship at the Bureau of Jail Management and Penology, which happens to be partners with the International Committee of the Red Cross. This humanitarian institution also helps in decongestion efforts of the Bureau of Corrections, so he may be able to gain and establish contacts from the personnel he has been acquainted with during his internship. Research Instrument Berg (2001) states that having only one methodological technique is problematic since it is possible that the data to be obtained by the researchers has tendency to be biased. In an effort to avoid this predicament, the researchers aim to utilize triangulation in the collection of data. Interviews, documentations, and the collection of statistical figures and other numerical data will be conducted in order to guarantee an inclination towards holistic findings, as opposed to biased results. Furthermore, for the sake of being consistent with triangulation and for comprehensiveness, the sources of data will not only come from one institution or one person, but from three as well—representatives from the Bureau of Corrections, representatives from the International Committee of the Red Cross in the Philippines, and professionals and/or scholars who have conducted studies regarding the Dutch prison systems. The National Agency for Correctional Institutions also allows the release of specific data upon submission of details such as the purpose of the investigation, the research questions, activities to be done in the duration of the investigation (access to records, interviews, etc.), specific information, topics of the interview, the period in which the activities would be taking place, and the desired devices for data gathering—with the maximum response time being six weeks, depending on the kind of

information needed. For this particular study, however, the researchers will not be needing any confidential profiles of their inmates, only numerical data on their prison population, the recidivism rate, as well as the number of parole for good behavior over the course of a period of time. The interview that the researchers will be conducting is of a semi-structured kind so as to allow ample interaction between the researchers and the interviewees without it being disorganized and open-ended. This means that the interview will be limited to specific questions that are logically formulated thus making them sufficient to provide the researchers with the answers that they need. Reiterating that the study involves taking into consideration different people and/or institutions, they will be asked a few questions of the same nature in order for them to see the similar and different perspectives upon a certain subject matter. Certainly, there will be follow-up questions outside the listed ones for clarification and exponential purposes. Data Gathering Procedure From the onset of the study, the researchers have been gathering data by reading many literatures directly or indirectly related to the concepts which were previously disccussed. In this pursuit, they have gained access to some statistics that are pertinent to the study, as well as qualitative information they can use to conduct fact-checking. The literature consists of books, journals, narratives, and conferences on prison studies regarding the rehabilitative model. News articles on the internet were also used in order to determine the graveness of the issue as regards the Philippine prison system, and the peculiar phenomenon found in the Dutch prison system. Accomplishing the initial gathering of data from relevant and related literature, then, leads the researchers to craft a set of questions for the interview and enlist the needed documents for them to be granted an opportunity to conduct research activities within their selected

institutions. This involves the sending of letters for interview requests to the institutions for the sake of setting an appointment. The researchers, in the course of studying about other topics which involve interviews from pertinent authority, have discovered that it is more effective to approach the institutions personally than to send an e-mail or make phone calls for the interview to be scheduled. Upon conducting the interview, the researchers will ask for the numerical data that they need, which, as mentioned before, will serve as supporting data for the claims that the researchers will be making in the latter part of the study. More importantly, they will ask the representatives of the Bureau of Corrections and those who are knowledgeable about the Dutch prison system about the policies regarding rehabilitation and inquire about its details. The interviews to be conducted will be transcribed by the researchers. In order for them to be precise in this undertaking, a voice recorder will be used, with the permission of the authorities to be interviewed. C. Treatment of Data Upon the completion of the data gathering procedures, all the information, documents, and other materials provided by the institutions and their respective representatives will be analyzed by the researchers. The interviews made with the representatives of the Bureau of Corrections and the representative/s who is/are knowledgeable on previous studies regarding the Dutch prison system will be compared because there is a stark contrast regarding the conditions of their prison facilities. Their views as to the causes of overcrowding and prisoner-shortage will allow the researchers to determine what is being prioritized by both prisons as regards their congestion/decongestion efforts. The International Committee of the Red Cross respresentatives, on another note, will be interviewed regarding importance of rehabilitation vis-à-vis congestion/decongestion of prisons.

In line with this, they will be questioned about the possible effects of a shift from retributive policies to rehabilitative policies in the Philippine setting. The researchers also intend to ask the ways in which the Dutch model can be of help to the Bureau of Corrections as regards the said shift. This will enable the researchers to better scrutinize the policies that the Bureau of Corrections can adopt from the Dutch system. During the interview, the researchers will also separately request the representatives from the Philippine prison system and the Dutch prison system for a list of documents that explain or describe the rehabilitation policies of their prisons. Using the interview as their main data source, the policies will then be used as points that justify the explanations of the representatives. Furthermore, they will request for numerical data regarding their prison population over the years, the rate of recidivism, as well as the number of parolees for good behavior. The researchers, afterwards, will ask the representatives from the ICRC to determine whether or not the policies are indeed conducive to rehabilitation or not. The numerical data gathered will be used to warrant the qualitative data provided by the interview and the documents. D. Definition of Terms 1. Bureau of Corrections—primary institution under the Department of Justice of the Philippines responsible for providing full custody and rehabilitation programs for the transformation of prisoners sentenced to more than three years up to capital punishment. Its mandate as an institution is to rehabilitate those who are incarcerated in the seven prison facilities it manages. 2. Bureau of Jail Management and Penology—an agency under the Department of Interior and Local Government responsible for temporarily detaining offenders who are undergoing

investigations, awaiting final court judgment, and serving sentences laid down by the court of imprisonment for not more than three years. 3. National Agency of Correctional Institutions—primary institution under the Ministry and Security and Justice of the Netherlands that contributes to the safety of the society through the implementation of custodial sentences and custodial measures for state offenders. 4. Restorative Justice—one of the three types of criminal justice which puts premium on the welfare of all parties affected by a crime: the victim, the offender, and the society in general. It focuses and promotes reparation on the part of the victim, rehabilitation on the part of the offender, and reduction of further harm in the society by preventing crime. 5. Retributive Justice—one of the three types of criminal justice which prioritizes incapacitation, punishment and retribution on the part of the prisoner, with little to no regard for the offender’s rehabilitation and reintegration into the society. 6. Remand—process of detaining an offender in custody, especially when trial is adjourned. 7. Recidivism—relapse into criminal activity by an offender, measured by his or her return to incarceration either for repeating an old transgression or for a new one.

8. Pardon—a form of executive clemency granted by the President with the assistance of the Board of Pardons and Parole (BPP) with the “objective of preventing a miscarriage of justice or correcting a manifest injustice.” 9. Parole—granted by the Board of Pardons and Parole (BPP) to qualified prisoners who are deemed fit to be released back into the society, in accordance with the law’s intent to “uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty.” 10. Diversion—consists of numerous techniques employed by prosecutors to turn offenders away from prosecution, and consequently from criminal behavior.

11. Fines—a form of penalty or non-custodial sanction utilized either as an accessory or a standalone instead of subjecting the offender to incarceration. 12. Suspended sentences—a form of community-based sanction utilized by the prosecutors in the Netherlands which is analogous to the probations utilized in the United States of America. 13. Transaction—a form of diversion imposed by Dutch prosecutors which requires the offender either to pay a certain amount of money to the treasury or to fulfill one or more financial conditions laid down by the prosecution in place of criminal prosecution. This may also involve the confiscation of some of the offender’s possessions to induce deprivation, as well as unremunerated work worth 120 hours. 14. Penal Order—a form of diversion imposed by Dutch prosecutors which consists of fine, community service, compensation, driving restrictions, mediation, forfeiture, or confiscation of the offender’s assets. This may also involve unremunerated work worth 180 hours or participation in a training course. 15. Task Penalty—a form of community-based sanction which may consist of a work order, a training order, or a combination of both, not exceeding 480 hours in a span of not more than 12 months. 16. Work Order—a sanction that is beneficial to the community and can be done within public bodies such as municipalities, or within private organizations such as those involved with health care, the environment, and social or cultural work. 17. Training Order—a sanction that requires the offenders to learn certain behavioral skills as a way to improve their communication and social abilities.

18. Principle of Association—principle governing the criminal justice system of the Netherlands which dictates that prisoners be able to maintain their relationships inside and outside of prison facilities, as opposed to separating and cutting them off from society. 19. Constraint—anything that hinders a specific system from reaching a higher level of performance. 20. Resource constraint—excess of demand over the capacity of a system 21. Policy constraint—decrease of production capacity due to rules. 22. Market constraint—excess of capacity over the demand of a product or service 23. Performance measurement—entails the coherence of a system by evaluation through specific indicators 24. Non-constraint resource—resources or processes that do not hinder the performance of a system