INTRODUCTION TO CRIMINOLOGY
Criminology – criminology is the study 4. Criminalistics / Forensic Science
of crimes, criminals and criminal – Study of Criminal things or
behavior. Criminology started in Europe. evidence, Application of the
instruments.
Crimen- the word crimen means
accusation 5 Pillars of the CJS
Logia- the logia means the study Community
Paulo Topinard- used the analogous Correction
French term criminology.
Raffaele Garofalo –coined the word Court Law inforcement
criminology
Prosecution
R.A 6506 known as “act creating the
board of examiners for criminologist in Nature of Criminology
the Philippines and for other purposes”
1. Applied Science – Crime is
Criminologist Licensure Examination.
multidisciplinary / application of
Plaridel Educational Institute (PEI) several sciences.
today known as Philippine College of 2. Social Science – Crime is
Criminology (PCCr) is the first college essential of a healthy society,
that offers criminology in the country. Crime exist in the society.
3. Dynamic – Crime is changeable,
Divisions of Criminology
Crime depends upon the society
1. Criminal Etiology – Studying or and the technology.
analyzing the origin of crimes or 4. Nationalistic – Crime is based in
causes of crimes. the existing law a territory.
2. Sociology of Law – Scientific
Object of Interest
study of Law and how law was
apply or application of Law. 1. Crimes
Logomacy – “There is no crime if 2. Criminal
there is no law” 3. Criminal Behavior
3. Penology / Correction – 4. Study of the victims /
Analyzing the prison system, Victimology
punishment means of correcting
Types of Crimes
and rehabilitation of the
criminals. -Crime is any act or omission
Correction – institutional punishable by the Law.
(imprisonment) non-institutional
(Probation, Parole, Pardon)
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INTRODUCTION TO CRIMINOLOGY
Omission - Failure to perform a destructive or lost. (Homicide,
positive duty punishable by the murder, infanticide, parricide,
law. (Bagay na dapat mong arson)
gawin pero hindi mo ginawa) Homicide – it is unlawful killing
- Crime as Social act against the of a person not constituting
norms of the society or act that murder, parricide or infanticide
is harmful to the norms of the Art. 246. Parricide. — Any
society. Crime is essential to a person who shall kill his father,
healthy society. mother, or child, whether
- Crime is any act cause by a legitimate or illegitimate, or any
person with abnormal behavior. of his ascendants, or
(Maladaptive, maladjusted, descendants, or his spouse, shall
abnormal behavior) be guilty of parricide and shall be
punished by the penalty of
Specific terms of Crimes
reclusion Perpetua to death.
1. Offensive - Crime is any act Infanticide – it is committed by
punishable by special laws, any of any person who kills a
Republic Acts, and child less than three (3) years
memorandum. old. The deceased child was less
2. Felony - Crime is any act than 72 hours old or 3 days old,
punishable by Revise Penal the offender is either the
Code. parents, ascendants or even a
3. Misdemeanor – Crimes is ant act stranger.
punishable by City or municipal 2. As to the time or period
Ordinances. committed
4. Delinquency - Crimes is any act Seasonal Crime – those
committed by minor offenders. committed only during a certain
(CICL Child Conflict with the Law) period of the year (violation of
or delinquent tax law, violations of the
omnibus election code)
Criminological Classification of
Situational Crime – Those
crimes
committed only when given
1. As a result of the crime. situation is conductive to its
Acquisitive Crime – when the commission or the opportunity
offender acquires something as a to commit crime a rises.
consequences of his criminal act. (Anytime of opportunity)
(Theft, robbery, estafa) 3. As a length of the time
Extinctive Crime – when the committed
result of the criminal is
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INTRODUCTION TO CRIMINOLOGY
Instant Crime – Those professional criminal to maintain
committed in the shortest their livelihood (petty thievery)
possible time. (taong nabibilang sa
Episodic Crime – Those pangkaraniwang uri ng lipunan
committed by a series of acts na nakagawa ng crimen na
undertaken in a lengthy space of kaugnay sa kanyang trabaho.)
time.
4. As the place of location of the 7. As to the standard of living of
commission the criminals
Static Crimes – Those committed Crimes of the upper world –
in only one place Falsification cases (taong
Continuing Crimes – those that kabilang sa upper class of society
can be committed in several na nakagawa ng crimen)
places. (Piracy) Crimes of the underworld – bag
5. As to the use of mental snatching (taong kabilang sa
faculties. lower class of society na
Rational Crimes – Those nakagawa ng crimen)
committed with intention and
offender is in full possession of Legal Classification of Crimes
his sanity.
Crimes against National Security
Irrational Crimes – those
and the Law of Nations. (During the
committed by persons who do
war only)
not know the nature and quality
of their acts on account of the Example: Treason- levying
disease of the mind. against the country, Espionage
6. As to the type of offenders (ispiya) Piracy- act of forcible
White collar crimes – those depredation in any Philippine
committed by persons of water.
respectability and of upper
socio- economic class in the 1. Crimes against the Fundamental
course of their occupational Law of the state
activities (Adulteration of food Example: Arbitrary Detention,
by manufacturer, fraud) (Taong Violation of the Domicile
nabibilang sa mataas na uri ng Arbitrary Detention
lipunan na gumawa ng crimen na a. Any public officer or
kaugnay sa kanyang trabaho o employee who, without legal
propesyon) grounds, detains a person,
Blue collar crimes – those shall suffer the penalty.
committed by ordinary
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INTRODUCTION TO CRIMINOLOGY
(A public officer with power to without judicial authority.
arrest) (Legal grounds are the Searching papers without the
following commission of crime, owner’s consent unless duly
violent insanity, ailment requires authorized by the court.
compulsory, confinement in the To be punishable, acts must
hospital) be committed by authorized a
b. failure to deliver the legally public officer
arrested person before the b. Search warrant is maliciously
judicial authority within the obtained and abuse in the
period prescribed by the law service of those legally
obtained. (search warrant
Warrantless arrest last for 10 days only)
Plain view Doctrine evidence
12 hours light felony- light
that you see even though it is
penalty
not specified in that search
18 hours less grade felony – warrant.
correction penalty c. Searching should be done
with witness it should be the
36 hours grave – capital
owner, relatives of the
afflictive penalty
owner, 2 residents presiding
Note: holidays weekdays and
in the same barangay.
night days only in working hours.
Delaying release an agent with 2. Crimes against Public Order
authority that delayed the release of Example: Rebellion, Sedition,
an offender. Coup d’état
Rebellion or insurrection
Illegal Detention is committed
a. Committed by rising
by a private person while
publicly and taking arms
arbitrary detention is committed
against the government.
by a public officer or employee.
b. Act of over throwing
away the establish
government with
numerous number of
Section two – Violation of
people, to remove
Domicile
alliance to the
a. Acts punishable under
government.
“Judicial order” refer to a
Sedition – the crime of
validly issued search warrant
sedition is committed by
and warrant arrest, entering
persons who rise publicly
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INTRODUCTION TO CRIMINOLOGY
and tumultuously in order to acts are truly contrary to
attain by force, intimidation public policy where
or other means for a political customers would not be
and social changes with free to exercise their
multitude number of people. bargaining power. Ex:
Coup d’état – rebellion is a substituting and altering
sudden or swift attack to trade-mark, trade names
public utility and offices to and sell the same.
paralyze the government, b. Machinations in public
the principal offenders are occasion (kung ikaw
the PNP and AFP. halimbawa ay nakuhanan
ng bangko ng bahay o
3. Crimes against Public Interest narimata tapos ang
(panloloko) ginawa ng bangko ay
Example: Forgery, betting for the sake of
Falsification, Fraud high profit tapos tinakot
Forgery – Applies to treasury mo ang mga taong alam
banks notes or similar mo na kasama at kasali sa
instruments like checks for betting)
the purpose of financial gain. 4. Crimes against Public Morals
Falsification – applies to Example: Gambling and betting,
public, commercial and offenses against decency and
public documents and good customs like scandals,
wireless telegraph and obscenity, vagrancy, and
telephone messages. prostitution
Example: changing the grade Gambling a person engages in
of a bar examiners to make it gambling if he takes the risks
appear as passing in the something of value upon the
records which are in the outcome of a contest of chance
offenders custody. or future contingent event not
Fraud – under his control or influence,
a. In a democracy there upon an agreement or
must be a free understanding that he or
competition which is someone else will receive
referred to as the law of something of value in the event
the market, the law of a certain outcome. (Illegal na
punishes the monopolies pagsusugal)
acts that retrain free Betting the term bet is
trade and because these defined as the hazard of
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INTRODUCTION TO CRIMINOLOGY
money upon an incident by 5. Crimes Committed by a Public
which one or both parties Officer (no man, even a public
stand to win or lose by officer is above the law)
chance. It is an agreement to Example: Malfeasance ,
pay something of value. The Nonfeasance, Misfeasance
parties must take opposite Nonfeasance neglect of duty
sides in predicting the (omission)
outcome of an uncertain Malfeasance malicious delay of
event. Example any person duty, dishonest activity or
who makes, offers or accept misconduct, intentional
any bet upon the result of commission of prohibited acts.
any election, or upon the (Gratuity)
success or failure of any
Misfeasance improper manner
person or upon the number
or action, irregularly of
of votes to be cast, is guilty
performance of duty
of gross misdemeanor.
(Malversation)
Offences against decency
and good customs like;
Scandals –act that is highly 6. Crimes against Person Example:
scandalous. A private act Murder, rape, Physical Injuries
that is open to the view of Murder Art. 248. — any
public. (Sex) person who, not falling
Obscenity – the word within the provisions of
“obscene” and the term Article 246 shall kill another,
obscenity may be defined as shall be guilty of murder and
meaning offensive to shall be punished by
chastity. (kalaswaan, o mga reclusion temporal in its
salitang malaswa) maximum period to death, if
Vagrancy – a person having committed with any of the
no permanent means of following attendant
subsistence who has the circumstances:
physical ability to work and Homicide unlawful killing
who leg lets to apply to some without the presence of
lawful calling. (NOT A CRIME qualifying circumstances
ANYMORE) (hindi planado).
Prostitution – woman Qualifying circumstances are
engage sexual intercourse the circumstances that
for money or profit. changes the nature of a
crime. Those act of killing by
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INTRODUCTION TO CRIMINOLOGY
means of poison, fire, motor Incestuous rape- a person
vehicle, evident who rape any of her relatives
premeditation, Treachery (blood relation)
( evident premeditation is
Statutory rape- 12 years of
that you have the time to
age of the demented (nang
think weather to do your
rape ng bata under 12 years
plan of killing or not but still
old and below na hindi nya
you do the act of killing)
kamag anak)
( treachery is that the
opponent has no chance to Fraudulent machination or
protect herself/ himself) grave abuse of authority
Rape two kids of rape (sexual
Physical Injuries
intercourse and sexual
Art. 263. Serious physical
assault) that the offender is a
injuries. — Any person who
man, that the offender had
shall wound, beat, or assault
the carnal knowledge of a
another, shall be guilty of the
woman. That the carnal
crime of serious physical
knowledge was committed
injuries and shall suffer:
under of any circumstances
The penalty of prison mayor,
a. By using force or
if in consequence of the
intimidation or
physical injuries inflicted, the
b. When a woman is
injured person shall become
deprived of reason or
insane, imbecile, impotent,
otherwise unconscious
or blind;
c. When the woman is
Art. 265. Less serious
under 12 years old or
physical injuries — Any
demented even though
person who shall inflict upon
none of the
another physical injuries not
circumstances mentioned
described in the preceding
above be present.
articles, but which shall
Attempted rape- not incapacitate the offended
touching the lips of the party for labor for ten days
vagina or more, or shall require
medical assistance for the
Consummated rape- totally
same period, shall be guilty
touch the lips of the vagina
of less serious physical
Marital rape- married person injuries and shall suffer the
(ni-rape ng asawa) penalty of arresto
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INTRODUCTION TO CRIMINOLOGY
mayor.chanrobles virtual law without the consent of the
library owner. Taking is accomplish
without of violence against
7. Crimes against Properties or intimidation of person or
Example: Robbery and theft (any force upon things. (For exit,
moveable objects exempting ) not intended for exit)
Robbery – means taking 8. Crimes against Personal Liberty
personal property of another and Security Example: Illegal
with intent to gain by means Detention, Kidnapping, trespass
of violence against persons to dwelling, Threat and coercion
or intimidation of person Illegal Detention is the
using force upon anything. unjustifiable imprisonment
(For entrance, pumasok sa or the unlawful deprivation
kahit anong parte ng bahay of liberty of a person by way
not intended for entrace) of arrest for a wrongful cause
Two ways of committing or suspicion and the
Robbery continued restriction of
1. By means of violence personal freedom by
against or intimidation of retaining such person in
persons. Ex: robbery custody. This is done by a
hold-up, robbery private person.
snatching, robbery Kidnapping
extortion, robbery with Art. 267. Kidnapping and
homicide, robbery with serious illegal detention. —
rape, robbery with arson Any private individual who
2. By using force upon shall kidnap or detain
things another, or in any other
Theft -just like in the crime of manner deprive him of his
robbery the subject, theft is liberty, shall suffer the
also personal property only. penalty of reclusion perpetua
Under the law on property, to death:
personal properties are 1. If the kidnapping or
those movable properties. detention shall have
Thus, if the object involved is lasted more than five
immovable or real properties days chanrobles virtual
the accused may have law library
committed some other crime 2. If it shall have been
but not theft. Taking is done committed simulating
with intent gain. Taking is public authority
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INTRODUCTION TO CRIMINOLOGY
chanrobles virtual law
library Threat statement that
3. If any serious physical someone will hurt or harmed
injuries shall have been if the person does not do
inflicted upon the person something in particular
kidnapped or detained;
or if threats to kill him Coercion (pamimilit)
shall have been made
chanrobles virtual law 9. Crimes against Chastity (private
library crimes) Example: Concubine,
4. If the person kidnapped Adultery, Seduction, Abduction
or detained shall be a Acts of Lasciviousness Chastity
minor, female or a public Concubinage any husband
officer chanrobles virtual who shall keep a mistress in
law library the conjugal dwelling, or,
If the offender shall shall suffer intercourse,
voluntarily release the under scandalous
person so kidnapped or circumstances under
detained within three days scandalous circumstances,
from the commencement of with a woman who is not his
the detention, without wife or shall be punished by
having attained the purpose prison correctional in its
intended, and before the minimum and medium
institution of criminal periods.
proceedings against him, the Adultery The woman is
penalty shall be prison mayor married, she has sexual
in its minimum and medium intercourse with a man not
periods and a fine not her husband and as regards
exceeding seven hundred the man with whom she has
pesos sexual intercourse, she must
know her to be married.
Trespass to dwelling any Seduction the seduction of a
private person who shall virgin over twelve years and
enter the dwelling of another under eighteen years of age,
against the latters will shall committed by a person in
be punish , any person that public authority, priest ,
will enter to the property house servant, domestic,
without the permission of guardian, teacher or any
the owner. person in any capacity, shall
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INTRODUCTION TO CRIMINOLOGY
be entrusted with education rendered in the proper
or custody shall be punish. proceedings.
Any person who shall seduce
his sister or descendant, 11. Crimes against Honor Example:
whether or not a virgin or Libel, Oral Defamation
over eighteen years of age Libel public and malicious
imputation of a crime, or of a
Abduction Acts of
vice or defect, real or
Lasciviousness
imaginary, or any act,
Offender commits any acts of omission, condition, status,
lasciviousness or lewdness or circumstance tending to
upon other person of either cause the dishonor, discredit,
sex under the circumstances. or contempt of a natural or
It is committed by using force juridical person, or to
or intimidation, when the blacken the memory of one
offended party is deprived of who is dead. (Insulting by
reason or otherwise writing it maybe in the social
unconscious, when the media)
offended party is under 12 Oral Defamation or slander -
years of age. The offended serious and insulting nature
party is another person of in verbal (insulting by oral)
either sex. Slander by deeds – ipinahiya
sapamamagitan ng actions
10. Crimes against Civil Status of 12. Quasi-offenses or Criminal
Persons Example: Bigamy, and Negligence Example:
other Illegal Marriages Imprudence and Negligence
Imprudence any act in which
had been intentional, would
constitute a grave felony, in
Bigamy and other Illegal damage to property of
Marriages another. (kapabayaan)
Bigamy shall imposed upon Negligence any act due to
any person who shall neglection of duty. Voluntary
contract a second or but not intentional.
subsequent marriage has
The Criminals
been legally dissolved, or
- A person who has committed a crime
before the absent spouse has and has been convicted by a court of
been declared presumptively the violation a criminal law (legal
dead by means of judgment definition) (nahatulan ng pagkabilanggo)
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INTRODUCTION TO CRIMINOLOGY
- a person who violated a social norm or 2. Organized Criminal (for
one who did an anti-social act. (social financial) one who associate
definition) (taong nilabag ang batas ng himself with another criminal
lipunan) to earn a high degree of
- a person who violated rules of conduct organization to enable them
due to behavioral maladjustment. to commit crimes easily
(psychological definition) (taong nilabag without being detected by
ang batas ng wala sa tamang pag iisip) authorities.(taong
Criminological Classification of naghahanap ng kasama
Criminals upang makapagcommit ng
A. Based on Etiology crime ng hindi nahuhuli ng
1. Acute Criminal (By mga authority)
emotions) one who violates 3. Professional Criminal
a criminal law because of (livelihood) is a person who
impulse or fit of passion: engaged in criminal activities
they commit passionate with high degree(taong
crimes.(taong nakagawa ng nagcocommit ng crime gamit
krimen dahil sa matinding ang kanyang trabaho)
emosyon na nararamdaman) C. Based on activities
2. Chronic Criminal (by intent) 1. Professional Criminals (they
is one who commits crimes been a criminal because they
acted in consonance of made the crime for they daily
deliberated thinking they income or source of
plan the crime a head of livelihood this is just like the
time: they are targeted previous professional
offenders (taong nagcommit criminal dalawa lang ang
ng crime na naglaan ng oras binagsagan pero pareho ng
o nagplano sa paggawa ng meaning) this are those who
krimen) practice crime as a
B. Based on Behavioral System profession for a living:
1. Ordinary Criminal criminal activity is constant
(Situational) is considered in order to earn skill and
the lowest form of criminal develop ability in their
in a criminal career: does not commission.
stick to crime as a profession 2. Accidental Criminals are
but rather pushed to commit those who commit crimes
crimes due to great when the situation is
opportunity. conductive to its
(pinakamababang criminal commission.
na gumagawa ng crime sat 3. Habitual Criminals are those
wing may opportunity) who continue crime because
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INTRODUCTION TO CRIMINOLOGY
of deficiency of intelligence Victimology
and lack of self-control
D. Based on Mental Attitudes – study of victims of crimes and
1. Active Criminals are those contributory role, if any, in crime
who commit crimes due to causation.
aggressiveness. – It also the scientific process of
2. Passive Inadequate gaining substantial amounts of
Criminals are those who knowledge on offender
commit crimes because they characteristics by studying the
are pushed to it by reward or nature of victims.
promise.
3. Social Delinquencies are Approaches And Theories Of Crime
criminals who are normal
-it deals of idea and explanation
behavior but defective in
particular individual commit a crime.
their socialization process or
development. The Approaches In The Study Of Crime:
Legal Classification of Criminals
1. Habitual Delinquent- 1. Subjective Approach
elements with 10 years from 2. Objective Approach
the date of release/ last 3. Contemporary Approach
conviction: serious/ less
serious physical injury, Subjective Approaches- it deals
Falsification, estafa and mainly on the biological
robbery: third time or explanation of crimes, focused
oftener (criminal on the forms of abnormalities
2. Recidivist – crimes that is that exist in the individual
under legal classification of
criminal before, during and after
crimes. Committing same
the commission of the crime.
crime under the same tittle.
1. Anthropological
Criminal Behavior Approach- study on the
physical characteristics of
– Is an intentional behavior that an individual offender
violates a criminal code with non-discover
– May also refer to the study the differences covering
human conduct focused on the criminal behavior.
mental processes of the 2. Medical Approach- the
criminals: the way he behaves or application of medical
acts including his activities and examinations on the
the causes and influences if his individual criminal
criminal behavior. explain the mental and
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INTRODUCTION TO CRIMINOLOGY
physical condition of the explanation of crimes
individual prior and after based on the Freudian
the commission of the Theory, which traces
crime. behavior as the deviation
3. Biological Approach- the of the repression of the
evaluation of genetic basic drives.
influences to criminal 3 Elements Of
behavior. It is noted that Personality
heredity is one force Id- pleasure
pushing the criminal to Ego- reality
crime. Super ego-
4. Physiological Approach- conscience
the study on the nature Objective Approach- deals on
of human being the study of groups, social
concerning his physical processes and institutions as
needs in order to satisfy influences to behavior. They are
his ants. It explains that primarily derived from social
the deprivation of the sciences.
physical body on the 1. Geographic Approach-
basic needs is an considers topography,
important determiner of natural resources,
the commission if crime. geographical location,
5. Psychological Approach- and climate lead an
it is concerned about the individual to commit
deprivation of the crime.
psychological needs of 2. Ecological Approach- it is
man, which constitute concerned with the biotic
the development of grouping of men
deviations of normal resulting to migration,
behavior resulting to competition, social
unpleasant emotions. discrimination, division of
6. Psychiatric Approcah- labor and social conflict
the explanation of crime as factors of crime.
through diagnosis of 3. Economic Approach- it
mental diseases as a deals with the
cause of the criminal explanation of crime
behavior. concerning financial
7. Psychoanalytical security of inadequacy
Approach- the and other necessities to
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INTRODUCTION TO CRIMINOLOGY
support life as factors to Enable propositions which can be
criminality. added or compared to those of
4. Socio – Cultural other theories.
Approach- those that
Pre Classical Era
focus on institutions,
economic, financial, Demenological Theory- before the
education, political, and development of more scientific
religious influences to theories of criminal behavior one of
crime. the most popular explanations was
5. Contemporary DEMENOLOGY(HAGAN 1990)
Approach- this is focused
-individuals were thought to be
on the psychoanalytical,
possessed by good or evil spirits,
psychiatric and
which caused good or evil
sociological explanations
behavior.
of crime in an integrated
-maintains that criminal
theory- an explanatory
behavior was believed to result
perspective that concepts
of evil spirits and demons
drawn from different
something of natural force that
sources.
controls his/her behavior.
The Importance Of Theory Pre Twintieth Century Theories
(18th Century)
Theory- is any system of ideas arranged
Classical School Of Criminology
in rational order that produce general
-free will to choose between
principles which increase our
good and evil therefore there’s a
understanding and explanations.
placed upon the criminal
Ideally, Theory Should: himself; that every men is
responsible for his act.
Focus attention on a particular
Neo-Classical- argued that
phenomenon
situations or circumstances that
Fit the known facts about a made it impossible to exercise
particular phenomenon freewill are reasons to exempt
the accused from conviction
Contribute to scientific paradigms
-maintain that while the classical
Provide a way it can be tested or doctrine is correct in general it
falsified should be modified in certain
details that children and lunatics
Establish boundaries and domains
should not be regarded as
by which laws and truth statements
criminals and free from
can be generalized; and
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INTRODUCTION TO CRIMINOLOGY
punishment it must take into Occational Criminal- those who commit
account certain mitigating crime due to insignificant reasons that
circumstances. pushed them to give occasion
Positivist/ Italian School (1836-
Pseudo Criminals- those who kill in self-
1909)
defense.
-maintained that crime as any
other act is a natural Enrico Ferri
phenomenon and is comparable
-his greatest contribution was his attack
to disaster or calamity
on the classical doctrine of free will, that
- crime as a social and moral
the criminals should be held responsible
phenomenon which cannot be
for their crimes because they must have
treated and checked by the
made a rational decision to commit
imposition of punishment but
crime.
rather rehabilitation or the
enforcement or individual - he believe that the criminals could not
measures. be held morally responsible for their
crime because they didn’t choose to
Cesare Lambroso (1836-1909)
commit crimes its just that they are
“Father Of Modern Criminology” driven to commit that strict coherence
to preventive measures based on
-leader of the positivist school
scientific methods would eventually
- CRIMES: ITS CAUSES and REMEDIES reduce crime and allow people to live
together in society with less dependent
- Ideas and the classification of the
on penal system.
criminal
Born Criminals- criminal behavior
inherited Rafalle Garofalo
Criminal By Passion- individuals who -he rejected the doctrine of free will and
are easily influenced by great emotions supported the position that the only
like fit of anger. way to understand crime was to study it
by scientific methods
Insane Criminal- commits crime due to
less psychological stamina /self-control -roots of criminal behavior not to
exempted from criminal liability. physical features but to their
psychological equivalents, which he
Criminoloid- commits crime due to less
called “moral anomalies” – according to
stamina/ self-control.
this theory, natural crimes are found in
all human societies, regardless of the
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INTRODUCTION TO CRIMINOLOGY
view of lawmakers and no civilized norms in a society provides a setting
society can afford to disregard them. conductive to crimes and other anti-
social act, according to him, the
Types Of Criminal By Rafalle Garofalo
explanation of human conduct lies not
1. Murderers- those who are in the individual but in the group and
satisfied from the social organization.
vengeance/revenge.
Durkheim Proposed Principles
2. Violent Criminals- are those who
commit very serious crimes. Crime is a natural thing in the
3. Deficient Criminals- those who society,
commit crime against property The concept of wrong is
4. Lascivious Criminals- those who necessary to give meaning to
commit crime against chastity right.
Crime help the society for
changes- it means that a society
to be flexible to permit positive
CLASSICAL SCHOOL
deviation must permit negative
Legal definition of crime deviation as well.
Punishment fit the crime
Doctrine of free will
Death penalty allowed Sigmund Freud (1856-1969)
No empirical research
-Psychologists have considered a
Definite sentence
variety of possibilities to account for
individual differences- defective
EARLY TWENTIETH CENTURY conscience, emotional immaturity,
inadequate childhood socialization,
-this became the Rise Of The
Socioilogical Perspectives on crimes, maternal deprivation, poor moral
criminals and behavior. development.
-it also includes the theories which -The Freudian view on criminal
promotes that people’s behavior bears
behavior was based on the use of
some relationship to their biological and
Psychology in explaining an approach in
psychological constitution.
understanding criminal behavior
DAVID EMILE DURKHEIM (FRENCH, Freud Psychoanalytical Theory
1858-1917) advocate the “Anomie
Theory” – theory that focused on the Criminal behavior is a form
sociological point of the positivist school neurosis, that criminality may
which explains that the absence of result from an over active
conscience.
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Crime is the result of the -he distinguished three principles of
compulsive need for punishment physique as:
to alleviate guilt and anxiety.
Asthenic- lean, slightly built,
Criminal behavior is a means of
narrow shoulders
obtaining gratification of need.
Athletic- medium to tall, strong,
Criminal conducts represent a
muscular, course bones
displaced hostility. Criminality is
Pyknic- medium height, rounded
essentially a representation of
figure, massive neck, broad face
psychological conflict.
Kretschmer related this body physiques
Robert Ezra Park (1864-1944)
to various psychotic behavioral
-is a strong advocate of the patterns: Pyknic to manic depression,
scientific method in explaining asthenics and athletics to schizophrenia.
criminality but he is a sociologist. He
William H. Sheldon (1898-1977)
advocated the “Human Ecology
Theory”. -is an influenced of the Somatotype
School as the of Criminology, which
Human Ecology Theory
related body built to behavior.
- study of the interrelationship of
-he became popular of his own
people and their environment.
Somatotyping Theory.
-this theory maintains that crime is
-his key ideas are concentrated on the
a function of social change that occurs
principle of “Survival of the Fittest” as a
along with environmental change.
behavioral science.
-it also maintains that the
-he combines the biological and
isolation, segregation, competition,
psychological explanation to understand
conflict, social contract, interaction and
deviant behavior.
social hierarchy of people are the major
influences of criminal behavior and Sheldon’s Somatotyping Theory
crimes.
-maintains the belief of inheritance
primary determinants of behavior and
the physique is a reliable indicator of
personality
Middle Twentieth Century
Classification Of Body Physique By
Ernest Kretschmer (1888-1964) Sheldon
-he originated the idea of Somatotyping a. Endomorphy - a type of with
Theory, he is a German Psychiatrist. relatively predominance of soft,
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roundness throughout the -and that criminal behavior is learned
regions of the body. They have and not inherited. It is learned through
low specific gravity. Persons with the process of communication, and
typically relaxed and learning process includes technique of
comfortable disposition. committing the crime, motive and
b. Mesomorphy- athletic type, attitude.
predominance of muscle, bone
Sutherland’s Nine Propositions
and connective tissue, normally
heavy, hard and firm, sting and 1. Criminal behavior is learned.
tough. They are the people who 2. Crime is learned by participation
are routinely active and with others in verbal and non-
aggressive and they are most verbal communications.
likely to commit crimes 3. Families and friends have the
most influence on learning
c. Ectomorphy - thin physique, flat
process.
chest, delicacy through the body,
4. The learning process includes
slender, poorly muscled. They tend to
the techniques of committing
look more fatigue and withdrawn.
the crime and the specific
direction of motives, drive and
attitude.
Edwin Sutherland (1883-1950)
5. Not everyone in the society
-he was considered as the “Dean Of agrees that the laws should be
Modern Technology” obeyed; some people define it
unimportant.
-has been referred to as “the most
6. A person becomes delinquent
important criminologist of the
because of an excess definition
twentieth century” because his
favorable to the violation of laws
explanation about crime and criminal
over to the definitions
behavior can be seen as a corrected
unfavorable to the violation of
extension of social perspective.
laws.
Differential Association Theory -he 7. Differential associations vary in
advocated the DAT which maintains that frequency, duration, priority and
the society is composed of different intensity. The extent to which
group organization, the societies consist associations and definitions will
of a group of people having result in criminality is related to
criminalistics tradition and anti- the frequency of contacts and
criminalistics tradition. their meaning to the individual.
8. The process of learning criminal
behavior by association with
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criminal and anti-criminal Karl Marx, Frederick Engel, Willem
patterns involves all the Bonger (1818-1940)
mechanisms that are involved in
-they are the proponents of the Social
any other learning.
Class Conflict And Capitalism Theory
9. While criminal behavior is an
expression of general needs and Karl Marx And Frederick Engel- claims
value, it is not explained by that the ruling class in a capitalist
those general needs and values, society is responsible for the creation of
since non-criminal behavior is an criminal law and their ideological bases
expression of the same needs in the interpretation and enforcement
and values. of the law. All are reflected in the ruling
class, thus crime and delinquency are
Walter Reckless (1899-1988)
reflected on the demoralized surplus of
-A broad analysis of the relationship population, which is made up of the
between personal and social controls underprivileged usually the unemployed
founded in his theory. and underemployed.
Containment Theory- this theory is a Willem Bonger- a Marxist-Socialist, on
form of control, which suggests that a the other hand, placed more emphasis
series of both internal and external on working about crimes of economic
factors contributes to criminal behavior. gain. He believes that profit- motive of
capitalism generates an egoistic
-this theory assumes that for every
personality. Crime is an inevitable
individual there exists a containing
outcome.
external structure and a protective
internal structure, both of which Late 20th century: The Contemporary
provide defense, protection or Pioneers
insulation against crime or delinquency.
Robert King Merton (1910)
According to Walter Reckless the outer
-is the premier sociologist of the
structure of an individual are the
modern days who, after Durkheim, also
external pressures such as poverty,
related the crime problem to anomie.
unemployment and blocked
opportunities while the inner Strain Theory - which maintains that the
containment refers to the person’s self- failure of man to achieve a higher status
control ensured by strong ego, good self of life caused them to commit crimes in
image, well developed conscience, high order for that status/goal to be
frustration tolerance and high sense of attained.
responsibility.
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-he argued that crime is a means to Lloyd Ohlin (1928)
achieve goals and the social structure is
-he advocated the Differential
the root of the crime problem.
Opportunity Theory- this theory
-Merton’s explanation to criminal explained that society leads the lower
behavior assumes that people are law class to want things and society does
abiding but when under great pressure things to people.
will result to crime.
-he claimed that there is differential
Albert Cohen (1918) opportunity, or access, to success goals
by both legitimate and illegitimate
-he advocated the Sub-Culture Theory
means depending on the specific
Of Delinquency
location of the individual with in the
-he claims that the lower class cannot social structure.
socialize effectively as the middle class
Frank Tennenbauin, Edwin Lemert,
in what is considered appropriate
Howard Becker (1822-1982)
middle class behavior. Thus, the lower
class gathered together share their Labelling Theory
common problems, forming a
-they advocates the it is when a person
subculture that rejects middle class
was described or labeled as such.
values. He called this process as
Reaction Formation. Much of this Earl Richard Quinney (1934)
behavior comes to be called delinquent
-he is a Marxist Criminologist who
behavior; the subculture is called a gang
advocated the Instrumentalist Theory-
and the kids are called delinquents. He
he argued that the state exist as a
put emphasis on the explanation of
device for controlling the exploited
prevalence, origins, process and
class- the class that labors for the
purposes as factors to crime.
benefit of the ruling class. He claims
Gresham Sykes (1922) that upper classes create laws that
protect their interest and at the same
-he advocated the Neutralization
time the unwanted behavior of all other
Theory- it maintains that an individual
members of society.
will obey or disobey societal rules
depending upon his or her ability to Major Contribution Of Quinney:
rationalize whether he is protected from
-he proposed the shift in focus from
hurt or destruction. People become law
looking for the causes of crime from the
abiding if they feel they are benefited by
individual to the examination of the
it and they violate it if these laws are
Criminal Justice System for clues.
not favorable to them.
Other Theorists
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Charles Darwin’s Theory Daniel Glasser Differential
Identification Theory – copying the
-in the Theory Of Evolution, he claimed
person being idolize
that humans, like other animals, are
parasite. Man is an organism having an Thorsten Sellin “Conflict Of Culture
animalistic behavior that is dependent Theory” - the multiplicity of
on other animals for survival. Thus, man incompatible culture is the main source
kills and steals to live. of social organization.
Charles Goring’s Theory (1870-1919) Gabriel Tarde Theory Of Imitation -
suggestion this the conscious and
-he concluded that there is no
unconscious copying
such thing a physical chemical type. He
contradicted the Lombroso’s idea that Alphonse Bertillon
criminality can be seen through features
-he is responsible for classifying
alone. He also accepted that criminals
criminals according to the body
are physically inferior to normal
measurements.
individuals in the sense that criminals
tend to be shorter and have less weight Giam Battista Dela Porta and Kasper
than non-criminals. Lavater – Physiognomy study of facial
features of the criminals
Earnest Hooton’s Theory
Franz Joseph Gall and Johann Spurheim
-anthropologist who found out that
– Phrenology study of the shape of the
“ Tall thin men tend to commit forgery
skull of the criminals
and fraud, undersized men are thieves
and burglars, short heavy person
commit assault, rape and other sex
crimes; where mediocre (average)
physique flounder around among other
crimes”.
- also he contented that criminals are
originally inferior; and that crime is the
result of the impact of environment.
Adolphe Quetelet
- “Carthographical School Of
Criminology” he discovered that crimes
against persons increased during
summer and crimes against property
tend to increase during winter.
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INTRODUCTION TO CRIMINOLOGY
LESSON THREE
The study of Criminal Behavior
Freud postulated the existence of a three-part personality consisting of Id, Ego,
and superego operated in an instant conflict with one another producing the basic
problem of guilt which required the use of one or more defense mechanisms.
Id
Is a part of the unconscious that contains all the urges and the impulses including
what we called libido, a kind of generalized sexual energy that is used for everything
from survival instincts to appreciation of art? The id is also kind of stubborn, for it
responds only to what freud called pleasure principle (if it is feel good do it). And
nothing else.
Ego
Is the part of unconscious personality? It is what the person is aware of when
they think about themselves, and is what they usually try to project toward others. The
ego is dominated by what freud called reality principle (an orientation to the real world
in which the person lives). It is continually trying to mediate the demands of the id and
prohibition of the superego.
Superego
Is a part of the unconscious that is the voice of conscience (doing what is right )
and the source of self-criticism? It reflects society’s moral values to some degree, and a
person is sometimes aware of their own morality and ethics, but the superego contains
avast number of codes, prohibitions that are issued mostly unconsciously in the form of
commands or ‘’don’t statements.
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Defense Mechanism
Sublimation Desires of the id are diverted to healthy
outlets approved by the superego.
Repression Desires of the id are stuffed back into
subconscious and the person denies they
exist or engages in Freudian slips.
Regression Desires of the id are followed impulsively
to escape from hearing superego reality.
Denial/Intellectualization Anxiety about the following desires of
the id goes unacknowledged or treated
unemotionally.
Projection Prohibition of the superego are applied
as standard for judging others and not
oneself.
Fixation Prohibition of the superego are so strong
that the person develops fear/phobias.
Undoing Superego is so strong that the person
makes amends or apologies for what
they do.
Reaction formation Both id and superego are so strong that
the is opposite of both, sometimes
identifying with aggressors.
Displacement Both id and superego are so strong and
ego is so weak that the person settles for
second best or any available substitute
(Something better than nothing)
Freud also provided a theory of human development. These ideas revealed
around his items for the three stages. The oral stage (age 0-2) is when a person develops
their sense of satisfaction or satiation, of figuring out how much is enough (e.g. Food
and drink) which has implications for much of an eater, drinker or smoker a person is in
adulthood. The anal stage(age 2-3) is when a person develops their sense of orderliness,
of figuring out their preferred levels of cleanliness. (e.g. as in toilet training). The genital
stage(3-4) is when the person develops their sexuality, of figuring out their sexual
preferences and whether they are capable of real love or not. Male children go thru
what is called Oedipus complex (with a comparable electra complex). Dual complex in
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love sexual feelings for the parent of the opposite sex (and are called ‘inverted’
complexes in case of homosexuality) and how these feelings are resolved determines
how capable the person is of real love later in life.
Classification of behavior
Normal behavior (adaptive or adjusted behavior)
The standard behavior, the totally accepted behavior because they follow the
standard norms of society.
1. efficient perception of reality
2. self-knowledge
3. ability to exercise voluntary control over his behavior
4. self-esteem and acceptance
5. productivity
6.ability to form affectionate relationship with others
Abnormal behavior (maladaptive/maladjusted)
-a group behavior that is deviant from social expectations because they go
against the norms or standard behavior of society.
-a maladaptive person maybe understood by the following definitions:
1. Abnormal behavior according to deviation of statistical norms based in
statistical frequency
2. Abnormal behavior according to deviation from social norms
3. Behavior as maladaptive
4. Abnormal behavior due to personal stress
5. Abnormality to its legal point
KINDS OF BEHAVIOUR
Overt or Covert Behavior
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Behavior that are outwardly manifested or those that are directly observable are
overt behaviors. On the other hand, covert behaviors are behaviors that are hidden-not
visible to the naked eye.
Conscious or Unconscious Behavior
Behavior is conscious when acts are within the level of awareness. It is
unconscious acts are embedded in one’s subconscious-unaware.
Simple or Complex Behavior
These are acts are categorized according to the number of neutrons involved in
the process of behaving. Simple Behavior involves less number of neutrons while
complex behavior involved more number of neutrons, a combination of simple
behavior.
Rational or Irrational Behavior
Rational or Irrational Behavior
This is Rational behavior when a person acted with sanity or reason and there is
irrational behavior when a person acted with no apparent reason or explanation-as
when a man loses his sanity and laugh out loud at nobody or nothing in particular.
Voluntary or Involuntary Behavior
Voluntary behavior is an act done with full volition or will such as when we
discriminate, decide or choose while involuntary behaviors refers the bodily processes
that foes on even when we are awake or asleep like respiration, circulation and
digestion.
ASPECTS OF BEHAVIOUR
Intellectual Aspect
- This aspect of behaviour pertains to our way of thinking, reasoning,
solving problem, processing information and copping with the
environment.
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Emotional Aspect
- This pertains to our feelings, moods, temper and strong motivational
force.
Social Aspect
- This pertains to how we interact or relate with other people.
Moral Aspect
- This refer to our conscience and concept on what is good or bad.
Psychosexual Aspect
- This pertains to our being a man or woman and the expression of
love.
Political Aspect
- This pertains to our ideology towards society/government.
Value Attitude
- This pertains to our interest towards something, our likes and dislikes.
THE CRIMINAL FORMULA
In explaining the birth of criminal behaviour, we must consider three factors:
Criminalistics tendency (T, the total situation (S), and the person’s mental and
emotional resistance to temptation (R).
T+S
C= R
C- Crime /Criminal behaviour (the act)
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T- Criminal Tendency (desire/intent)
S- Total Situation (opportunity)
R- Resistance to Temptation (control)
DETERMINANTS OF BEHAVIOUR
HERIDITY (Biological Factors)
This refers to the genetic influences, those that are explained by heredity,
The characteristics of person acquired from birth transferred from one
generation to one another.
It is primary basis of the idea concerning criminal behaviour, the concept
that ‘’ criminals are born’’
ENVIRONMENTAL FACTORS
- This refers to anything around the person that influences his action. James
coleman in his book mentioned some environmental factors such as:
Family Background
- it is a basic consideration because it is in the family whereby an individual first
experiences how to relate and interact with another. The family is said to be the
cradle or personality development as a result of either a close or harmonious
relationship or a pathogenic family structure: the disturbed family, broken
family, separated or maladjusted relations.
Childhood Trauma
- the experiences, which affect the feeling of security of a child undergoing
developmental processes. The development processes are being blocked
sometimes by parental deprivation as a consequence of parents or lack of
Adequate maturing at home because of parental rejection, overprotection,
restrictiveness, over permissiveness, and faulty discipline.
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Pathogenic Family Structure
- Those families associated with high frequency of problems such as:
a. The Inadequate family
- characterized by inability to cope with the ordinary problems of family
living. It lacks the resources, physical or psychological for meeting the
demands of family satisfaction.
b. The anti-social family
- those that espouses unacceptable values as a result of the influence of
parents to their children.
c. The Discordant/Disturbed family
- characterized by non-satisfaction of one or both parent from the relationship
that may express feelings or frustration. That is usually due to value differences
as common sources of conflict and dissatisfaction.
d. The Disrupted family
- characterized by incompleteness whether as a result of death, divorce
separation or some other circumstances.
OTHER DETERMINANTS OF BEHAVIOR
Needs and Drives
Need. According to a drive reduction theory, is a biological requirement for well-
being of the individual. This need creates drives – a psychological state of arousal that
prompt someone to take action.
Motivation
- refers to the influences that govern the initiation, direction, intensity and
persistence of behaviour.
- refers to the causes and ‘’why’s’’ of behaviour by a need.
- is a hypothetical concept that stands for the underlying force impelling
behaviour and giving its direction.
The needs can be classified as biological or psychological needs.
A. Biological Needs
Biological Needs Motivational Systems
Food Hunger- the body needs adequate supply
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or nutrients to functions effectively. ‘’an
empty stomach sometimes drives a
person to steal’’
Water Thirst – just like food, the body needs
water.
Sex A powerful motivator but unlike food and
water, sex is not vital for survival but
essential to the survival of species.
Pain Avoidance The need to avoid tissue damage is
essential to the survival of organism. Pain
will activate behaviour to reduce
discomfort.
Stimulus Seeking Curiosity is most people and animal is
motivated to explore the environment
even when the activity satisfies no bodily
needs.
B. Psychological needs
- Are influenced primarily by the kind of the society in which the individual
is raised. Psychological motives are those related to the individual’s
happiness and well-being but not for the survival, unlike the biological
motives that focuses on basic needs –the primary motives.
Maslow’s hierarchy of Need
1. Biological or Psychological Needs
these motives include the need for food, water, oxygen, activity, and sleep.
2. Safety Needs
these pertains to the motives of being cared for and being secured such as in
income and place to live.
3. Love /Belongingness
belongingness is integration into various kinds of social groups or social
organizations. Love needs mean need foe affection.
4. cognitive needs
our motivation for learning and exploration.
5. Esteem needs
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our motivation for an honest, fundamental respect for a person as a useful and
honorable human being.
6. aesthetic Needs
our motivation for beauty and order.
7. Self-actualization
pertains to human total satisfaction, when people are not motivated too much
by unmet needs, as by the desire to become all they capable of (self-realization).
Frustration, Conflict and Anxiety
Frustration
-Refers to the unpleasant feelings that results from the blocking of motive
satisfaction
- it is form of stress, which results tension
Conflict
- refers to the simultaneous arousal of two or more incompatible motives
resulting to unpleasant emotions.
Types of Conflicts
1. Double Approach Conflict
- a person is motivated to engage in two desirable activities that cannot be
pursued simultaneously.
2. Double Avoidance Conflict
- a person faces two undesirable situations in which the avoidance of one is the
exposure to the other resulting to an intense emotion.
3. Approach-Avoidance Conflict
- a person faces situation having both a desirable and undesirable feature.
- it is sometimes called ‘’dilemma’’, because some negative and some positive
features must be accepted regardless which course of action is chosen.
4. Multiple Approach-Avoidance conflict
- a situation in which a choice must be made in between two or more
alternatives each has both positive and negative features,
- it is most difficult to resolve because the features of each portion are often
difficult to compare.
Anxiety
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- it is an intangible that seems to evade any effort to resolve it
- it is also called neurotic fear; it could be intense; it could be low and can be a
motivating force
Stress
- is the process of adjusting to or dealing with circumstances that disrupts or
threatens to disrupt a person’s physical or psychological functioning.
The Ego Defense Mechanism
As introduced in the preliminary regarding the Freudian view, the Defense
Mechanisms are the unconscious techniques used to prevent a person’s self-image from
being damaged. When stress becomes quite strong, an individual strives to protect his
self-esteem, avoiding defeat. We all use ego defense mechanisms to protect us from
anxiety and maintain our feeling or personal worth. We consider them normal adjusted
reactions when they are used to excess and threaten self-integrity (Bernstein, et al,
1991).
Robert Wicks cited the following Ego defense mechanisms:
Denial of reality
-protection of one self from unpleasant reality by refusal to perceive or face it.
Simply by avoiding something that is unpleasant.
Fantasy
-the gratification of frustration desires in imaginary achievement. Paying
attention not to what is going on around him but rather to what is taking
place in his thoughts.
Projection
-placing blame for difficulties upon others or attributing one’s own unethical
desires to others in an effort to prevent ourselves being blamed.
Rationalization
-the use of excuses an individual to him and to others. Attempting to prove
that one’s behaviour is justifiable and thus worthy of self and social approval.
Reaction Formation
-it occurs when someone tries to prevent his submission to unacceptable
impulses by taking opposite stand. Preventing dangerous desires from being
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expresses by exaggerating opposed attitudes and types of behaviour and
using them as barriers.
Displacement
-discharging pent-up emotion on objects less dangerous than those that
initially aroused the emotion.
Emotional Insulation
-withdrawal is passivity to protect self from hurt.
Isolation/Intellectualization
-series to cut off the emotions from a situation, which is normally, is full of
feeling.
Regression
-revert from a past behaviour to retreating to earlier development level
involving less mature responses and usually a lower level of aspiration.
Sublimation
-gratification of frustrated sexual desire in substitutive men sexual
activities.
Identification
-increasing feeling of worth by identifying self with person or institution.
The person can associate himself with something or someone to elevate
position.
Introjections
-incorporating external values and standards into ego structures so
individual is not at their mercy as external threats. The acceptance of other’s
values even they are contrary to one’s own assumption.
Undoing
-apologizing for wrongs, repentance, doing penance and undergoing
punishment to negate a disapproval act.
Sympathism
-striving to gain sympathy from others. The person seeks to be praised by
relating faults or problem.
Acting-out
-reducing of the anxiety aroused by forbidden desires by permitting their
expressions. The individual deals with all impulse by expressing them.
The Human Values
-are relevant in understanding human behaviour
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-they are standards which people use to cognize, express and evaluate
behaviour as right or wrong. Just or unjust and appropriate or inappropriate.
-it also guides that people use to evaluate their behaviour thus give direction
to their lives. They are enduring preferences for mode of conduct or state of
existence.
Common Sense
-is a commonly health notion where truth is not dependent on judgment
which is based purely on observation, that it lacks the organization of
thoughts and jumps to conclusion immediately.
-is worth of particular attention. Moreover, a deeper understanding of the
psychological principles and their application to the field of law enforcement.
PERSPECTIVE ON THE CAUSES OF CRIMINAL BEHAVIOR
The commission of a crime may be the result of complicated factors and causes. The
following are some of the perspective about the causes of criminal behavior.
(Coleman,1980).
1. ANXIETY (PSYCHOLOGICAL PERSPECTIVE) – Stressful situation that when become
extreme may result to maladaptive behavior.
2. FAULTY LEARNING (BEHAVIOR PERSPECTIVE) – The failure to learn the necessary
adaptive behavior due to wrongful development. This usually results to delinquent
behavior based on the failure to learn the necessary social values and norms.
3.BLOCKED OF DISTORTED PERSONAL GROWTH (HUMANISTIC PERSPECTIVE) –
Presumably, human nature tends towards cooperation and constructive activities;
however, if we show aggression, cruelty or other violent behavior, the result will be an
unfavorable environment.
4. UNSATISFACTORY INTERPERSONAL RELATIONSHIP – Self-concept in early childhood
by over critical parents or by rigid socialization measure usually causes deviant
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INTRODUCTION TO CRIMINOLOGY
behaviors among individuals because they are not contented and even unhappy among
individuals because they are not contented and even unhappy to the kind of social
dealings they are facing.
5. PATHOLOGICAL SOCIAL CONDITIONS – Poverty, social discrimination, and destructive
violence always result to deviant behavior.
PATTERNS OF CRIMINAL BEHAVIOR
NEUROTIC/PSYCHONEUROTIC BEHAVIORS
- Are groups of mild functioning personality disorder in which there is no gross
personality disorganization, the individual does not lose contact with reality, and
hospitalization is not required.
- Neurosis embrace a wide range of behaviors that are the core of most
maladaptive life style. Basic to this neurotic lifestyle are:
1.NEUROTIC NUCLEUS – The faulty evaluation of reality and the tendency to
avoid rather that to cope with stress. It is characterized by anxiety, avoidance
instead of coping and blocked personal growth.
2.NEUROTIC PARADOX – The tendency to maintain lifestyle despite its
maladaptive nature. It is characterized by unhappiness and dissatisfaction.
A. ANXIETY DISORDER
- Are commonly known as “neurotic fear”, when it is occasional but intense, it is
called” panic”, when it is mild but continuous, it is called “worry” which is usually
accompanied by psychological symptoms such as sustained muscular tension,
increase blood pressure, insomnia, etc.
- They are considered as the central feature of all neurotic patterns.
- This disorders are characterized by mild depression, fear and tension, and mild
stresses.
CLASSIFICATION OF ANXIETY DISORDER
OBSESSIVE-COMPULSIVE DISORDERS – Obsession usually centered on fear that one will
submit to an uncontrollable impulse to do something wrong while compulsion on the
other hand resulted from repetitive acts.
ASTHENIC DISORDER(NEURASTHENIA)
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- It is characterized by chronic mental and physical fatigue and various aches and
pains
- Its symptoms include spending too much sleep to avoid fatigue but no to avail,
even feel worse upon awake, headaches, indigestion, back pains and dizziness.
PHOBIC DISORDER
- This refer to the persistent fear on the objects or situation that present no actual
danger to the person
EXAMPLES OF PHOBIA
PHOBIA OBJECT OF FEAR
ACROPHOBIA HIGH PLACES
AGORAPHOBIA OPEN PLACES
ALGOPHOBIA PAIN
ASTROPHOBIA STORMS/LIGHTNING
CLAUSTROPHOBIA CLOSED PLACEA
HEMATOPHOBIA BLOOD
MYSOPHOBIA CONTAMINATION/GERMS
HYDROPHOBIA/AQUAPHOBIA WATER
MONOPHOBIA BEING ALONE
NYCTOPHOBIA DARKNESS
OCHOLOPHOBIA CROWDS
PATHOLOPHOBIA DISEASES
PYROPHOBIA FIRE
SYPHILOPHOBIA SYPHILIS
ZOOPHOBIA ANIMALS
B. SOMATOFORM DISORDER
- Complaints of bodily symptoms that suggest the presence of physical problem but
no organic basis can be found.
- The individuals is pre – occupied with his state of health disease.
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CLASSIFICATION OF SOMATOFORM DISORDERS
HYPOCHONDRIASIS
- This refers to the excessive concern about state of health or physical condition.
- A hypochondriacally person tends to seek medical advises, but his fear is not
lessened by his doctor’s reassurances, and he may be disappointed when no
physical problem is found.
PSYCHOGENIC PAIN DISORDER
- It is characterized by the report of severe lasting pain. Either no physical basis is
apparent reaction greatly in excess of what would be expected from physical
abnormality.
CONVERSION DISORDER(HYSTERIA)
- It is neurotic pattern in which symptom of some physical malfunction or loss of
control without any underlying organic abnormality.
SENSORY SYMPTOMS OF HYSTERIA
1.ANESTHESIA – loss of sensitivity
2.HYPERESTHESIA – excessive sensitivity
3.HYPESTHESIA – partial loss of sensitivity to pain
4.ANALGESIA – loss of sensitivity to pain
5.PARESTHESIA – exceptional sensation
MOTOR SYMPTOMS OF HYSTERIA
1.PARALYSIS – selective loss of function
2.ASTASIA-ABASIA – inability to control leg when standing
3.APHONIA – partial inability to speak
4.MUTISM – total inability to speak
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VISCERIAL SYMPTOMS OF HYSTERIA
1.CHOKING SENSATION
2.COUGHING SPELL
3.DIFFICULTY IN BREATHING
4.COLD CLAMMY EXTREMITIES
5.NAUSEA
C. DISSOCIATIVE DISORDER
- A response to obvious stress characterized by amnesia, multiple personality
depersonalization.
AMNESIA
- It is a partial or total inability to recall or identify past experience following a
traumatic incident.
1.BRAIN PATHOLOGY AMNESIA
- total loss of memory and it cannot be retrieved by simple means
- it requires long period of medication
2.PSYCHOGENIC AMNESIA
- failure to recall stored information and still they are beneath the level of
consciousness but “forgotten material”.
MULTIPLE PERSONALITY
- It is called “dual personalities”. The reason manifest two or more symptoms of
personality usually dramatically different.
DEPERSONALIZATION
- The loss of sense of self or so – called out of body experience
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- There is a feeling of detachment from one’s mental processes or body or being in
a dream state
- Somnambulism(sleepwalking) is one example of this
D. MOOD DISORDER (AFFECTIVE DISORDERS
- Often referred to as affective disorders, however the critical pathology in these
disorders is one of mood which is internal state of person, and not of affect, the external
expression of emotional content.
CLASSIFICATION OF MOOD DISORDER
DEPRESSIVE DISORDERS
1.MAJOR DEPRESSIVE DISORDER
- patients with depressed mood have a loss of energy and interest, feeling of guilt,
difficulty in concentrating, loss of appetite and thoughts of death or suicide; they are not
affected with manic episodes.
2.DYSTHYMIC DISORDERS
- A mild form of major depressive disorder
3.BIPOLAR DISORDERS
- Those experienced by patients with both manic and depressive episodes.
4.CYCLOTHYMIC DISORDERS
- A less severe form of bipolar disorder.
PSYCHOPATHIC BEHAVIORS
-This pertain to the second group of abnormal behaviors, which typically stemmed from
immature and distorted personality development, resulting in persistent maladaptive
ways of perceiving and thinking.
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- They are generally called “personality or character disorder”. This groups of disorders
are composed of the following:
A. PERSONALITY DISORDER
- They are called disorder of character; the person here is characterized as a
“problematic “without psychoses. This disorder is characterized disrupted personal
relationship, dependent or passive, aggressive behavior.
- The classification of personality disorders as cited by Coleman (1980) are:
。PARANOID PERSONALITY DISORDER
-It is characterized by suspicious, rigidity, envy, hypersensitivity, excessive self-
importance, argumentative and tendency to blame others of one’s own mistakes.
。SCHIZOID PERSONALITY DISORDER
-This is characterized by the inability to form social relationship and lack of interest in
doing so. The person seems to express their feeling, they lack social skills. They are so -
called” loners”.
。SCHIZOTYPAL PERSONALITY DISORDER
-It is characterized by exclusiveness, over sensitivity, avoidance of communication and
superstitious thinking is common.
。HISTRIONIC PERSONALITY DISORDER
-It is characterized by immaturity, excitability, emotional instability and self-
dramatization.
。NARCISSISTIC PERSONALITY DISORDER
-It is characterized by an exaggerated sense of self – importance and pre – occupation
with receiving attention. The person usually expects and demands special treatment
from others and disregarding the rights and feelings of others.
。BORDERLINE PERSONALITY DISORDER
-It is characterized by instability reflected in drastic mood shifts and behavior problems.
The person usually displays intense anger outburst with little provocation and he is
impulsive, unpredictable, periodically unstable.
。AVOIDANT PERSONALITY DISORDER
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-It is characterized by hypersensitivity to rejection and apprehensive alertness to any
sign of social derogation. Person is reluctant to enter into social interaction.
。DEPENDENT PERSONALITY DISORDER
-It is characterized by extreme dependence on other people – there is acute discomfort
and even panic to be alone. The person lacks confidence and feels helpless.
。PASSIVE – AGGRESSIVE PERSONALITY DISORDER
-It is characterized by being hostile expressed in indirect and non-violent ways. They are
so-called “stubborn”.
。COMPULSIVE PERSONALITY DISORDER
-It is characterized by excessive concern with rules, order and efficiency that everyone
does things their way and an ability to express warm feeling. The person is over
conscientious, serious and with difficulty in doing things for relaxation.
。ANTI-SOCIAL PERSONALITY DISORDER
-It is characterized by continuing violation of the rights of other through aggressive, anti-
social behavior with loyalty to anyone.
-Anti-social personality is actually the “psychopathic personality disorder”.
SEXUAL DEVIATION/DISORDERS
THOSE AFFECTING MALES
1.ERECTILE INSUFFICIENCY(IMPOTENCY)
-It is sexual disorder characterized by inability to achieve or maintain erection for
successful intercourse
2.PRE-MATURED EJACULATION
-It is the unsatisfactory brief period of sexual stimulation that results to the failure of the
female partner to achieve satisfaction.
3.RETARDED EJACULATION
-It is the inability to ejaculate during intercourse-resulting worry between partners.
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THOSE AFFECTING FEMALES
1.ARROUSAL INSUFFICIENCY(FRIGIDITY)
-A sexual disorder characterizes by partial or complete failure to attain the lubrication or
swelling response of sexual excitement by the female partner.
2.ORGASMIC DYSFUNCTION
- A sexual disorder characterized by the difficulty in achieving orgasm.
3.VAGINISMUS
-The involuntary spasm of the muscle at the entrance of the vagina that prevent
penetration of male sex organ.
4.DYSPAREUNIA
-It is called painful coitus/painful sexual acts in woman.
SEXUAL BEHAVIORS LEADING TO SEX CRIME
AS TO SEXUAL REVERSAL
*HOMOSEXUALITY
- It is a sexual behavior directed toward the same sec.
- it is so called “lesbian/tribalism” for female relationship.
*TRANSVESTISM
- Refers to the achievement of sexual excitation by dressing as a member of the
opposite sex such as man who wear female apparel.
*FETISHISM
- Sexual gratification is obtained by looking at some body parts, underwear of the
opposite sex or other objects associated with the opposite sex.
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AS TO THE CHOICE OF PARTNER
> PEDOPHILIA
- A sexual perversion where the person has the compulsive desire to have a sexual
intercourse with a child of either sex.
> BESTIALITY
- The sexual gratification is attained by having sexual intercourse with animals.
> AUTO-SEXUAL
- (Self-gratification/masturbation) it is called “ self-abuse”, sexual satisfaction is carried
out without the cooperation of others.
> GERONTOPHILIA
- Is a sexual desire with an elder person.
> NECROPHILIA
- An erotic desire or actual intercourse with the corpse.
> INCEST
- A sexual intercourse between people who by reason of blood relationship cannot
legally marry.
AS TO SEXUAL URGE
。STYRIASIS
-An excessive desire of men to have sexual intercourse
。NYMPHOMANIA
-A strong sexual feeling of woman with an excessive sexual urge.
。EROTOMANIA
-A strong sexual feeling of no specific sex.
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AS MODE OF SEXUAL EXPRESSION
。ORALISM
-It is the use of mouth or the tongue as a way of sexual satisfaction
a.FELLATIO- Male sex organ to the mouth of the woman coupled with the act of sucking
that initiates orgasms.
b.CUNNILINGUS- Sexual gratification is attained by licking the external female genitalia.
c.ANILISM- Licking the anus of the sexual partner.
。SADO-MASOCHISM
-Pain/cruelty for sexual gratification
Sadism- Achievement of sexual stimulation and gratification through the infliction of
physical pain on the sexual partner.
Masochism- Infliction of pain to oneself to achieve sexual pleasure.
AS TO PART OF THE BODY
。SODOMY- Is a sexual act through the anus of the sexual partner
。 URANISM- Sexual gratification is attained through fingering holding the breast or
licking parts of the body.
。FROTTAGE- The act of rubbing the sex organ against body parts of another person.
。PARTAILISM- It refers to the sexual libido on any part of the body of a sexual partner.
AS TO VISUAL STIMULUS
*VOYEURISM
- The person is commonly called “the peeping tom”, an achievement of sexual pleasure
through clandestine peeping such as peeping to dressing room, couples room, toilets,
etc. and frequently the person masturbate during the peeping activity.
*SCOPTOPHILIA
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- The intentional act of watching people undress or during sexual intimidates.
AS TO NUMBER OF PARTICIPANTS IN THE SEXUAL ACT
TROILISM
-Three person participate in sex orgy such as two women versus one man or vice versa.
PLURALISM
-Group of persons in sexual orgies such as couple to couple sexual relations
-It is called “sexual festival”
OTHER SEXUAL ABNORMALITIES
EXHIBITIONISM
-It is called “indecent exposure”, intentional exposure of genitals to members of the
opposite sex under inappropriate conditions.
COPROLALIA
-The use of obscene language to achieve sexual satisfaction
DON JUANISM
-The act of seducing women as a career without permanency of sexual partner or
companion.
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LESSON FIVE
Criminal Detection and Investigation
Fundamentals of Criminal Investigation
Investigate
- It comes from the Latin word vestigare which means “to look into for traces”
and vestigium which means “footprint”.
Criminal Investigation
- An art which deals with the identity, location, and provide evidence of guilt
through criminal proceedings.
4 I’s/Tools of Criminal Investigation
Information
- It is knowledge or data that the investigator acquired in person and record.
Three Kinds of Information
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1. Regular
- It is acquired from open sources such as files.
- Cultivated
- It is acquired from informant (gives information) and informer (gives
information with payment)
1. Grapevine
- It is acquired from the underworld characters such as prisoner and criminals.
General Sources of Information
1. Person
- It pertains to the victims, informant, informer, etc.
2. Things
- It pertains to the physical evidence.
3. Place
- It pertains to the crime scene.
Interview
- It is the simple questioning.
- It is to the person who has knowledge.
Witness
- A person who can perceive and can make known his perception to other.
Interrogation
- It is the skillful questioning.
- It is used to the person who is reluctant, hostile and unwilling to give
information.
Format of Interview
Identity
- The investigator should give his name, rank and agent.
Rapport
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- It is building up a positive feeling between the investigator and the subject.
Opening Statement
- Indicate the person why the subject is being contracted.
Narration
- Allows the subject to give the story.
- It utilizes an “open-ended question” –question not answerable with yes or
no.
Inquiry
- Clarification of information.
Conclusion
- To give an utmost courtesy.
Purpose of Interrogation
1. Obtain confession –direct acknowledgement of guilt.
2. Induce him to make an admission – partial or indirect acknowledgement of guilt.
3. To learn the facts of the crime.
4. To know the identity of the person who is liable for a crime.
5. To develop information or fruits of crime.
6. To discover the details of other crime committed by the suspect.
R.A 7438
- It is the rights of the accused –he should only give statements voluntarily and
not by means of threat, coercion, force etc.
Techniques of Interrogation
1. Mutt and Jeff
2. Sweet and Sour
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3. Pretense of Physical Evidence
- The investigator may pretend that there were already proofs to persuade the
suspect to confess.
4. Bluff on Split Pair
- This method is applicable if there are numbers of suspect.
Instrumentation
- It is the application of instruments and methods of physical science to the
detection of crimes.
Procedure of Identification by Eye Witness
1. Physical Line-up
- It is the means of selecting a suspect from a group of innocent persons.
- It is usually compose of 7-10 persons.
2. Physical Show-up
- One person is being shown to the witness right after the crime was
committed.
Definition of Terms
Corpus Delicti
- Body of crime or fact of specific loss or injury sustained.
- Not limited to the body of the victim or cadaver but it also refers to the facts
of the crime.
Modus Operandi
- Method or mode of operation that enables the investigators to recognize the
pattern of criminal behavior to predict approximates the next target of the
suspect by means of recorded information concerning the characteristics of
criminal behavior.
Crime Scene Investigation
- Conduct of processes, more particularly the recognition, handling,
preservation and documentation of physical evidence to include the
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identification and interview of witnesses and the arrest of the suspect in the
crime scene.
Crime Scene
- Include all areas which the criminal, any possible victim and any eye witness
move during the time of crime was committed.
Physical Evidence
- Articles and materials found in connection with the investigation and aid in
establishing the identity of the suspect.
Chain of Custody
- The number of person who handle the evidence between the time of
commission of the offense and the ultimate disposition of the case and
should be kept in minimum.
The Golden Rule of Criminal investigation
“Thou should not touch, move nor alter everything in the crime scene unless it is
properly photographed, measured, and sketched or otherwise preserved as not to
destroy or contaminate the important criminal things”
LESSON FIVE
Crimes in the Modern World
Organized Crime
- It is criminal activity by an injuring structure or organization developed and
devoted primarily to the pursuit of profits through illegal means.
- It sometimes referred to as the “MOB”, “MAFIA”, “SYNDICATED”, or “COSA
NOSTRA”
How Organized Crime Group Works?
1. An Enforcer
- One who make arrangements for killing and injuring the members or non-
members.
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2. A Corrupter
- One who bribes, buys, intimidates, threatens, negotiates and “sweet talks”
into a relationship with the police and public officials who can help the
members security and maintain immunity from arrest, prosecution and
punishment.
3. A Corruptee
- A public official, usually not a member of organization family, who can wield
influence on behalf of the organization’s interest.
Sources of Illegal Profit
1. The organization gains from goods and services that are of great demand by
the society but are prohibited by the law. It includes but not limited to most
victimless crimes such as illegal drugs, alcohol, gambling, pornography and
including bank fraud, extortion or racketeering and others.
Characteristic of Organized Crimes
1. It is conspiracy activity involving coordination of members.
2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence, and corruption.
5. Effective control over members, associates and victims.
6. Organized crimes does not include terrorist dedicated to political change.
Generic Types of Organized Crimes
1. Political Graft
- Manned by political criminals, who use force and violence of a means to
obtain profit or gain or achieving political aims or ambition. An example of
this is vote buying and the employment of private armies to control a certain
political area.
2. The Mercenary/ Predatory Organized Crime
- Crimes committed by group for direct personal profit but prey upon unwilling
victims.
- An example of this is the extortionist or racketeers.
3. In-Group Oriented Organized Crime
- Groups manned by semi-organized individual whose major goal are for
psychological gratification such as adolescent gangs.
- An example of this is the motorcycle gangs.
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4. Syndicated Crime
- The organization that participates in illicit activity in society by the use of
force, intimidations or threat.
- It is a group with a formal structure whose purpose is to provide elicit
services, which are in strong public demand through the use of secrecy on
the part of the associates.
- There is assurance of protection necessary for its operation through political
corruption or avoidance of prosecution.
Professional Crimes
2. Refers to the occupation or their incumbents which possesses various traits
in including useful knowledge that requires lengthy training, service
orientation and code of ethics that permits occupations to attempt, to obtain
autonomy and independence with prestige and remuneration.
Characteristics of Professional Crimes (Sutherland)
1. Crime is a sole means of livelihood.
2. Careful planning and reliance upon technical skills and method.
3. Offenders are of migratory life style.
4. The groups have shared sense of belongingness, rules, codes of behavior and
mutual specialized language.
Characteristics of Professional Crime (Quinney)
1. Crime is a sole means of livelihood or economic gain.
2. There is highly developed criminal career.
3. There is considerable skill involved.
4. Group of professional/career offender.
5. Hard to detect by the authorities/can be able to avoid punishment.
Criminological Types of Organized Crime
1. Traditional Crime Syndicates
2. Non-traditional Crime Syndicate
3. Semi-organized Crime
4. Politically Controlled Organized Crime
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Controlling Organized Crimes
1. Law Enforcement Effort
2. Organization of Anti-Organized Crime Measures
3. Community Awareness and Cooperation
4.
WHITE COLLAR CRIMES
- Criminal act committed by a person of respectability and high social
status in the course of his occupation.
Forms of White Collar Crimes
1. Corporate Crimes
- Violation of criminal statute either by a corporate entity or by its
executive, employees or agents.
2. Environmental Crimes
- Violation of criminal law which although typically committed by business
or by business officials.
3. Occupational Crimes
- An act punishable by law and is committed through opportunity created
in the course of an occupation that is legal.
Four Areas of Reform
1. Ethical Reform
- Reforms include such things as working to establish stronger and more
persuasive codes of business ethics. Courses in the ethical business might
be offered in universities and corporations could school their employees
in right livelihood.
2. Enforcement Reform
- Reform center on the belief that white-collar criminals must be severely
published, but also include such things as better funding for enforcement
agencies dealing with white-collar crime, and insulation of enforcement
personnel from undue political violations.
3. Structural Reform
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INTRODUCTION TO CRIMINOLOGY
- Involves basic changes in corporate structure to make white collar crime
more difficult to commit such as selective nationalizations of firms that
have long records of criminal violations.
4. Political Reform
- Focus on eliminating campaign contributions and business, but also
includes the level of fairness in determining government grants and
contacts, the government must serve as a police itself.
- This includes the enforcement of laws and the regulation of the activities
of elected officials and administrative personnel.
CONVENTIONAL CRIMES
- Group of crimes categorized as violent crimes and property crimes.
Violent Crimes
- Are criminal acts, which in the threat of or actual physical harm by an
offender to a victim.
- It presents not only index offenses that everyone recognizes as violent
(murder, rape and robbery) or other acts involving force and intimidation
but also “violent crimes” that are commonly categorize as “social
problem” such as domestic violence, child abuse and elder abuse, etc.
Violent acts are in the form of:
1. Interpersonal Violence
- Forcible Rape, Murder
- Serious Assault, Family Violence, Robbery
2. Political Violence
- Terrorism
3. Collective Violence
- Riots, Mobs, Crowds
- Urban Violence
Property Crimes
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- Are crimes of economic interest. It includes those crimes that would most
commonly be categorized as theft in ordinary language.
- It also includes but not limited to offenses such as unlawful entry to commit
theft, shoplifting, vandalism and arson.
Property Crime acts are in the form of:
1. Occasional Property Crime
- Shoplifting, Vandalism
- Motor vehicle theft, Check Forgery
2. Conventional Property Crimes
- Burglary/unlawful entry to commit theft
- Fence
- Larceny/Theft
3. Destructive Property Crimes
- Arson
Violent Crimes (Index Crimes)
A. Murder
- Is the unlawful killing of human being with malice and with the “act of
violence”
Types of Murder
1. Serial Murder
- An act involving killing of several victims in three or more separate
incidents over a week, month or a year.
2. Mass Murder
- It is the killing of four or more victims at one location with one event.
3. Spree Murder
- The killing of in two or more locations with almost no time break
between murders
B. Homicide and Assault
Homicide
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- Is the unlawful killing without the qualifying circumstances of murder.
It is generally regarded as the most commonly committed of all the
index crimes.
Assault
- it is called “unlawful attack” to another person to harm or inflict
physical injuries.
- It is a crime that involves offering to bodily harm to a person or
placing the person in fear.
C. Robbery
- INTERPOL defined it as “violent theft”
- It is taking of property belonging to another with intent to gain by
means of force upon things, violence of intimidation against person.
Kinds of Robbery
1. Robbery of person – “hold up cases”
2. Robbery in open place following sudden attack – “snatching cases”
3. Robbery in private premises – “forcible entry”
4. Robbery after preliminary association of short duration between victims and
offender
5. Robbery in case of previews association between victims and offender
Types of Robbers
1. The Professional Robber
- Robber who has long term commitment to the crime of robbery as a
major source of livelihood.
2. The Opportunist
- The commonly known as “bandits” , one who has little commitment
to or specialization in robbery and one who is all purpose property
offender.
3. The Addict Robber
- One who can commit the crime robbery to support the drug habit.
4. The Alcoholic Robber
- Like the addict, who commit crime in order to support habit
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INTRODUCTION TO CRIMINOLOGY
5. The Muggers
- They are the most feared robbers.
- They are semi-professional robbers who is sometimes called “strong
armed robbers” – the street robbers who commit everything from
snatching to the brutalization of the victim.
D. Rape
- Is commonly defined as “carnal knowledge of a woman against her
will”
- Is a violent crime due to the means employed usually characterized
by violence, aggression and domination
Categories of Rape
1. Real Rape
- Aggravated rape involving violence, weapons and attackers.
2. Simple Rape
- Anything else not falls “real rape” such as the victims are viewed as
suspicious particularly if the victim did not physically resist.
Rape Trauma Syndrome
- Refers to the adverse psychological impacts of rape victims continue
to suffer long after the incidents. It includes
a. Sexual Anxiety
b. Pervasive fear to the opposite sex
c. Problems in interpersonal relationship
d. General problem of unhappiness
Classification of Men who Rape
1. Anger Rape
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- Sexual attack becomes a means of expressing anger or rage and
involves more physical assault upon the victim.
2. Power Rape
- Assailant primarily express his domination over the victim.
3. Sadistic Rape
- Perpetrator combines the sexuality and aggression aims in psychic
desires to often torture or otherwise abuse the victim.
E. Family Violence
- Is a violent crime involving physical assault by a family member to
other family members such as:
a. Child Abuse
- An attack or assault of an adult against the defenseless or people who
cannot defend themselves, usually by a parent to a child.
b. Spouse Abuse
- “husband vs. wife battering”
Types of Violent Offender
1. Culturally Violent Offender
- Those who live in cultures which violence is an acceptable problem
mechanism.
2. Criminally Violent Offender
- Those who use violence as a means to accomplish criminal acts.
3. Pathological Violent Offender
- Those who commit violent crimes due to mental disturbances.
4. Situational Violent Offender
- Those who commit acts of violence on rare occasions, often under
provocations.
- They are the criminals by passion.
Property Crimes (Non-Index Crimes)
A. Occasional Property Crimes
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- Are group of property crimes committed by ordinary property criminals
with little progressive knowledge on criminal techniques
- They tend to commit crimes such as:
1. Auto theft of motor vehicle theft
2. Shoplifting or good pilferage
3. Vandalism
4. Check Forgeries
Types of Auto Theft
1. Joy Riding Auto Theft
- Borrowing automobiles without returning.
2. Short Term Transportation
- Stolen vehicle as a temporary means of transportation then abandoned.
3. Long Term Transportation
- Stolen vehicle used as a permanent means of transportation.
4. Profit Motivated Auto Theft
- Organized auto theft, which includes vehicle identity alterations, or the
“chop-chops” –cannibalized auto parts.
Type of Vandalism
1. Wanton Vandalism
- Destructive acts, which have no monetary gain or purpose in mind.
2. Predatory Vandalism
- Destructive acts of gain such as destroying machines in order gain
contents.
3. Vindictive Vandalism
- Acts as an expression of hatred.
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B. Conventional Property Crimes
- These are group of property crimes committed by professional criminals
on a persistent basis, which constitute form of career criminality. It
includes:
1. Burglary (Robbery)
- Unlawful entry of forcible entry in order to commit a felony of theft.
2. The Fence
- Dealers of stolen properties
- The act of “buy and sale of stolen properties”
3. Larceny (Theft)
- Simple taking of properties with intent to gain and without the consent or
the owner.
C. Destructive Property Crimes
Arson
- Unlawful burning of property of another.
Types of Arson
1. Profit – Motivated Arson
- Illustrated by insurance fraud.
2. Revenge Arson
- Burning of properties due to hatred or spell jealousy.
3. Vandalism Arson
- Fire is employed as a means of expressing vindictive vandalism toward
the property of a group of people or an individual.
4. Excitement Arson
- Those set by “pyromaniacs”.
5. Sabotage Arson
- Fires during civil disturbances.
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INTRODUCTION TO CRIMINOLOGY
Victimless Crimes
- Refers to those crimes in which no clear is readily identifiable.
- The only injured party is the offender, who engages in self-destructive
behavior.
Victimless Crimes include:
Prostitution
- Is the practice of having sexual relation with emotional difference on a
promiscuous and mercenary basis
- Is an act of sexual intercourse of hire or the so called “sex for hire”
- Is the bartering of sex favor for monetary consideration, either gif tor
cash, without emotional attachment between partners.
Pornography
- Is any material intended primarily to arouse sexual desires, pertaining to
obscene literature and lascivious materials in the forms of mail or written
media, television, telephone and radio.
Drug Abuse
- It is the use of drugs with such frequency that it causes physical or mental
harm to the user.
- It also referred to the use of any drug prohibited by the law regardless of
whether it was actually harmful or not.
Drug Addiction
- Is the state of mind in which the person has lost the power of self-control
in respect of a drug.
Characteristics of Drug Addiction
Compulsion/Uncontrollable Craving
- The addict feels compulsive craving to take repeatedly and tries to
procure the same by any means.
Tolerance
- Is the tendency to increase the dose of the drug to produce the same
effect as to that the original effect.
Addiction
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- The addict is powerless to quit drug abuse.
Physical Dependence
- The addict’s physiological functioning is altered.
Psychological Dependence
- Emotional and mental discomfort exist to an individual.
Withdrawal Syndrome
- The addict becomes nervous and restless when he does not get drug.
Alcoholism
- Term used to refer to a person or the person’s behavior with problem
related to alcohol drinking.
Effects of Alcoholism
Trouble in the Home
- Heavy drinker’s takes money needed for food, clothes and furniture. This
causes debts. Husband and wife fight and accuse each other of being
unlawful. There will be often sexual problems. Children are badly treated
and badly fed. And drinking makes people lazy and they may not go to
work. Women have to steal food to their families.
Trouble among Friends
- The heavy drinker will often fight with his friends and may kill many
people.
Trouble at Work
- The heavy drinker often does not go to work because he fells sick. He
sometimes works badly and hurts himself or others.
Trouble at Play
- Heavy drinkers’ has a bad effect on sportsmen. Because alcohol affects
the brain, the drinker cannot control his arms and legs well. A sportsman
who has been drinking cannot play well as he should.
Trouble on Roads
- The driver has lost his judgement; he is careless and takes risks. Accident
result. A person who is drunk may walk onto the road and be killed by a
motor vehicle.
Trouble in Crime
- Excessive drinking is the biggest cause of crime. People become
aggressive, fight, break into the houses and steal.
Trouble with Economy
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- The economy is badly affected when people do not go to work and
production falls. Heavy demands are made on health services, the police
force and the correctional institutions. Hence, alcoholism is burden to the
government.
Gambling
- Is usually defined as wagering or events which chance largely determine
the outcome.
LESSON SIX
Introduction to Criminalistics and Criminal Investigation
Criminalistics
Or forensic sciences, is the application of criminalistics sciences in the field of law
enforcement.
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INTRODUCTION TO CRIMINOLOGY
A subfield in criminology that deals with the study of “Criminal Things”
Criminal Things
Those that are left behind by the criminal perpetrator in the scene of the crime
which have significance in criminal investigation.
Criminalistics and Criminology
Criminalistics
Is the study of physical evidence through a laboratory work
Criminology
Is the study of the causes of crimes and /or criminal people
Division of Criminalities
1. Scientific Divisions
a) Chemistry
b) Physics
c) Biology
2. Technological Divisions
a) Fingerprinting (Forensic Dactyloscopy)
b) Forensic Photography
c) Questioned Document Examination
d) Polygraphy (Lie Detection)
e) Forensic Medicine
f) Forensic Ballistics
FINGERPRINTING (PERSONAL IDENTIFICATION)
Is one of the universally accepted means of personal identification through the
study of fingerprints
Fingerprint
It is a production of pattern or designed formed by the ridges on the inside of the
joint of a finger
Dactylography
Is the scientific study of fingerprints as a means of identification
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Dactyloscopy
The practical identification of dactylography
Making of identifications by fingerprint comparison and the classification of
fingerprints
The Value of Fingerprinting in Police Works
Fingerprinting
Is the cornerstone of criminal investigation and identification
The system is based on the undisputed fact after many studies and researches
that, “NO TWO PERSONS HAVE EXACTLY THE SAME FINGERPRINTS IN THEIR
INDIVIDUAL CHARACTERISTICS”
Francis Galton
“Let no one despise the ridges on account of their smallness, for they are in
some respect, the most important of all Anthropological Data”
Fingerprint Ridges
Are definite contours and appear in several general pattern types, each with
general specific variations of the pattern, dependent on the shape and
relationship of the ridges.
Fingerprint is one of the most infallible or reliable means of personal identification in
view of the following reasons:
The characteristics of fingerprints that are reformed by collections of curved,
straight, long, short and other various friction ridges never change naturally
throughout body ages
Fingerprints are unique throughout the world and permanent throughout life
Police agencies throughout the world, adopt and utilize the fingerprint system as
means of absolute identification
No two individual persons have exactly the same fingerprint patterns in their
individual characteristics
The court and the other authorities since time immemorial recognized its
importance and reliability as a means of identification
Indeed Valuable Fingerprint
1. Criminal Investigation
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INTRODUCTION TO CRIMINOLOGY
2. Proving a suspects identity and criminal record
3. Proving an unidentified dead person identity
4. Finding a wanted and missing person
Fingerprint Patterns
1. Ulnar Loop
- Is a type of fingerprint pattern which possesses a delta, core and one
and more of the ridges with the pattern area formed a sufficient re-
curved, part which crosses or touches a straight line when drawn
between the delta and core, then follow out or terminates to the
same side of its point of origin. The slope or downward flow of the
innermost sufficient re-curve is towards the little finger or ulna bone
of the hand of origin.
2. Radial Loop
- Is a type of fingerprint pattern which possesses a delta, core and one
and more of the ridges with the pattern area formed a sufficient re-
curved, part which crosses or touches a straight line when drawn
between the delta and core, then follow out or terminates to the
same side of its point of origin. The slope or downward flow of the
innermost sufficient re-curve is towards the thumb or the radius bone
of the hand of origin.
3. Plain Arch
- This is a pattern in which the ridges enter on one side of pattern then
flow toward the other side of the pattern then flow toward the other
side , with a rise at the center, and without a delta, core or re-curving
ridge.
4. Tented Arch
- This type of pattern where the majority of the ridges forms as arch
and one or more ridges at the center shape a tent in outline giving an
angle of 90 degrees or less, or one with an upward thrust having an
angle of 45 degrees or more, or 2 patterns similar to a loop but
lacking one or two of its essential elements.
5. Plain Whorl
- This is a pattern consisting of two deltas and in which at least one
ridges makes a turn through one complete circuit. An imaginary line
drawn between the two deltas must touch one complete circuit. An
imaginary line drawn between the two deltas must touch or cross at
least one the re-curving ridges within the pattern area. The pattern
could be a spiral, oval, circular, or any variant of a circle.
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6. Central Pocket Loop Whorl
- This is a pattern possesses two deltas with one or more ridges
forming a complete circuit which maybe oval, spiral, circular or any
variant of a circle. Pattern consisting of two deltas, with one or more
re-curving ridges with an obstruction at right angles to the inner line
of flow, between which an imaginary line would touch or cross no re-
curving ridge within the inner pattern area.
7. Double Loop Whorl
- This is a pattern consisting of two separate and distinct loop
formations, two sets of shoulders, and two deltas the loop necessarily
do not have to be the same length and size. The loop of a double loop
whorl does not have to possess the requirements of the plain loop. It
is enough that the elements mentioned are found in such pattern.
8. Accidental Whorl
- A type of fingerprint pattern which is combination of two or more
different types with the exception of the plain arch, or a pattern
which has some of the basic element of two or more types or a
pattern which does not conform to the other seven other types.
Doctrine of Fingerprinting
1. Infallible- will not fail, never make a mistake
2. Perennial- conclusive and permanent
3. Immutable- unchangeable
FORENSIC PHOTOGRAPHY
- Police Photography is most obviously useful in police work when
photographs serves as evidence that can often does prove facts. It is
invaluable to investigators, attorneys, judges, witnesses, juries and
defendants.
- It is vital investigate lead that has helped in the reconstruction of
crime and the identity of suspects as well as victims.
- It reveals what cannot ordinarily seen by the naked eye with the use
of certain equipment such as ultra-violent lamps and infrared film.
Rogues Gallery/Mug File
Prepared album of the identification of common criminals and offenders in the
Philippines.
Significance of Photography in Police work
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- It is a factual and accurate record of the crime because it captures
time, space, and place in a single series and shots.
- It allows the investigators to understand the elements of the certain
crime, clarifying and revealing what is not readily seen and
understood upon the discovery of the crime.
Use of Photography in Police Work
Identification Files
- Photography is use to identify criminals, missing persons, lost
property, licenses, anonymous letters, bad checks, laundry marks, and
civilian personal fingerprints. In the case of atomic attack or a
catastrophe such as an airplane crash, the fingerprints from a civilian
file are proving helpful in making positive identification.
Communication and Microfilm files
- Photography is also useful as investigate report files, accident files,
and transitions photos as supplement to reports. With modern day
electro photography machines accident reports can be made in
seconds.
Evidence
- Crime scenes, traffic accidents, homicides and suicides, fires, objects
of evidence, latent fingerprints traces, etc. can be presented I courts
as evidences by means of large photographic images or pictures,
motion pictures and the like.
Offender Detection
- Photographic instruments can be used to detect offenders through
surveillance and other similar activities.
Court Exhibits
- Demonstration enlargements, individual photos, rejection slides,
motion and pictures are accepted as court exhibits.
Reproduction of Copying
- Questionable checks and documents, evidential papers, photographs,
official records and notices can be photograph to show alternations
and/or changes useful in questioned document examinations.
Personal Training
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-Photographs and films relating police tactics, investigation
techniques, mob control and catastrophe situations are useful in
police training.
Crime and Fire Prevention
- Hazards lectures, security clearance, detector devices, photos and
hazardous fire, condition made when fire prevention inspection are
made.
Public Relations
- Films pertaining to safety programs, juvenile delinquency, traffic
education, public corporation and civil defense.
Four Primary Ways of using Photography in Police Work
1. As means of identification
2. As a method of discovering, recording and preserving evidence
3. As a way of present, in the courtroom, of the pertinent elements of crime
4. As a training and public relation medium for police programs
Police Photography in the following:
In Accident investigation
Tire Impression
In most vehicular accidents, photographs of the tire impression will suffice and
casting will no longer required
Any skid marks should be photographed to show the direction the vehicle was
travelling; slides on to show their length
Photograph will not only show the speed of the vehicle but will also show when
the driver applied brakes as he perceived danger
Hit and Run
In vehicular versus pedestrian case, a photograph of the trial of the pedestrian’s
on the blood on the thread marks will not only establish the direction the hit in
run vehicle is travelling but also makes the trend pattern more conspicuous and
identifiable
On Crime against Persons
Homicide
The body should not be moved nor touched as little as possible
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Photographed from head to feet first the finally, from the left side of the victim
Suicide
If the suicide is by shooting:
Photograph the entrance and exit of the wounds
Hair and skin surrounding the entrance of wound are burned to a reddish brown
color as a result of the blasting and flaming of the power
If the suicide is by hanging:
The victim should be photograph from the distance showing the full body
Close up should show the knot, bruises and discoloration of the body
A blue or purple color is noticeable around his lips, fingernail and toenails
If the suicide is by poisoning:
Photography of the body is similar to that homicide
Take photographs and samples of remaining chemicals if any and the container
of the poison
If the suicide is by stabbing:
The photo investigator takes note of and takes a close up shot of the wound and
weapon position
Assault
The victim is alive and usually willing to cooperate with the investigators
The police files of common criminal or the mug files can help the victim identity
has assailant
Rape
Photography of the victims needs written consent
Photograph all injuries sustained by the victim clothing
Photograph clothes and trace evidence such as fibers, foreign hairs and seminal
trains using micro leans, then submit to the criminalistics laboratory
photomicrography and chemical analysis
On Crime against Property
Fire and Arson
Photography should begin even before the arrival of the fire trucks
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INTRODUCTION TO CRIMINOLOGY
A particular problem of the photographer will be fogging of the lenses, at best
he should take photos at a distance and use a telephoto lens
Questioned Document
Is one in which facts appearing are not true, and are contested either in whole or
in part with respect to its authenticity identity, or origin
It may be added, contract, will elections ballots, marriage contract, check, visas,
application form, check write and certificate, etc.
Document
Is every deed or instrument executed by a person by which some disposition or
agreement is proved, evidenced or set forth
Kinds of Document
Public Document
Is any document notarized by the public or competent public official with
solemnities required by the law
Official Document
Any instrument issued by the government or its agents or its officers having the
authority to do so and the offices which are in accordance with their creation,
they are authorized to issue
Private Document
Every deed or instrument executed by a private person without the intervention
of a notary or any person legally authorized, which documents or some
disposition or agreement is proved, evidenced is set forth.
Commercial Document
Any instrument executed in accordance with the code of commerce, containing
disposition of commercial rights or obligations
POLYGRAPHY (Lie Detection)
Is the scientific method of detecting deception with the use of polygraph
instrument
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Polygraph Instrument
Is a scientific diagnostic instrument used to record physiological changes in the
blood pressure, pulse rate, respiration and skin resistance
Polygraph
In Greek, it means “many writings”
The other name is “Truth Verifier”
Forensic / Legal Medicine
Is a branch of medicine which deals with the application of medical knowledge to
the purposes of law and in the Administration of justice
Types of Medical Evidence
1. Real Evidence
this is evidence made known or addressed to the sense of the court
2. Testimonial Evidence
A person maybe commanded to appear before the court to give his testimony
A physician maybe presented in court as:
a) Ordinary Witness
A physician who testifies in course of physician – patient relationship is
considered as an ordinary witnesses
b) Expert witness
A physician on account of his training and experience can set medical facts
3. Documentary Evidence
A document is an instrument on which is recorded by means of letter, figure or
make intended to be used to the purpose of recording that matter may be
evidentially used
4. Experimental Evidence
A medical witness maybe allowed by the court to confirm his allegations or as a
corroborated proof to an opinion he previously stated
5. Physical Evidence
These are articles and materials which are founded in connection of the
evidences and which aid in establishing the identity of the perpetrator or the
circumstances under which the crime was committed
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Physical evidence includes the following:
1. Corpus Delicti Evidence
Objects or substances which may be part of the body of the crime
2. Associative Evidence
These are the physical evidence which link a suspect to the crime.
3. Tracing evidence
These are the physical evidence which may assist the investigator in
locating the suspect
Forensic Ballistics
Ballistics
Defined as the “science and motion of projectiles”
Refers to the “science of firearm identification”
Derived from Greek word “balloor ballein” which means literally to throw
Derived also form Roman war machine called “Ballista” a gigantic bow or
catapult
Firearm Identification
Deals with the study, comparison and identification of weapons alleged to have
been used in the commission of crime
Branches of Ballistics
a. Interior (Internal) Ballistics
Is the branch of this science which has something to do with the properties and
attributes of the projectile (bullet) while still in the gun
b. Exterior (external) Ballistics
Is the branch of this science which has something to do with the attributes and
movements of the bullets after it has left the gun muzzle
a. Muzzle Blast
- The noise created at muzzle point of the gun
b. Muzzle Energy
- Energy generated at muzzle point
c. Trajectory
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- The actual curve path of the bullet during its flight from the gun
muzzle to the target
d. Range
- The straight distance between muzzle and the target
e. Velocity
- Rate of speed of the bullet per unit of time
f. Air Resistance
- Resistance encountered by the bullet while in flight
g. Pull of gravity
- Downward reaction of the bullet towards earth center due to its
weight
h. Penetrations
- Depth of entry on target
c. Terminal Ballistics
It is the branch of this science that deals with the effect of the impact of the
projectile on the target
It involves the following
- Terminal Accuracy
Size of the bullet grouping on the target
- Terminal Energy
Energy of the projectile when it strikes on the target
- Terminal Penetration
Depth of entry of the bullet upon striking the target
d. Forensic Ballistics
- This branch of this science involves the investigation and
identification of firearms by means of the ammunitions fired through
them.
Field Investigations
- This is the job done by the first officers on the case in the field or a
case under investigation involving firearms
- It involves recognition, collection, marking, preservation and
transmittal of ballistics exhibits
Technical Examination of Ballistics Exhibits
- This is the jib performed by the firearm examiner within the
laboratory involving marking of evidence fired bullets, evidence fired
shells, evidenced firearms and other related laboratory works
involving firearms such as photomicrography
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Principles involved in Firearm Identification
Bullet Identification
1. No two barrels are microscopically alike or identical as the internal surface of
the bore or barrels all possess individual and characteristics marking of their
own
2. When a bullet is fired from the rifle gun barrel, it becomes engraved by the
rifling and these engravings will vary in its minute details with every
individual firearm.
3. Every barrel leaves its “thumb mark” or “Fingerprint” on every bullet fired in
it.
Shell Identification
1. The breech- face and the striker (firing pin) of every firearm have microscopic
individualities of their own.
2. Every firearm leaves its “fingerprint” or “thumb mark” on every cartridge it fires.
3. The whole principle of identification of shells is predicted or based upon the fact
that since the breech face of every weapon must be individually distinct, the
cartridge cases which it fires are imprinted with this individuality. The imprints of
all cartridge cases fired from the same weapon are the same and those on
cartridge cases fired from different weapons are different.
LESSON EIGHT
Correction of Criminals
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Penology
Is the study of punishment for crime or criminal offenders
It is a term derived from the Latin word “POENA” which means pain or suffering
Is also otherwise known as PENAL SCIENCE
It is actually division of criminology that deals with prison management and the
treatment of offenders
Penal Management
It is the manner or practice of managing or controlling places of confinement as
in jails or prisons
Correction
It is branch of the CJS concerned with the custody, supervision and rehabilitation
of criminal offenders
Correction as a Process
Is the reorientation of the criminal offender to prevent him or her from
repeating his delinquent actions without the necessary of taking punitive action
but rather introduction of individual measures of reformation
Correction Administration
It is study and practice of a systematic management if jails or prisons and other
institutions concerned with the custody, treatment, and rehabilitation of criminal
offenders
Historical Perspective on Correction
13th Century-Securing Sanctuary
A criminal could avoid punishment by claiming refugee in a church
for a period of 4 days at the end of which time he has compelled
to leave the realm by a road or path assigned to him
16th Century
Transportation of criminals was authorized in England but also
abondent in 1835
17th C to late 18th Century
Death penalty became prevalent as a form of punishment
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Compensation of a Wrong Act
Retaliation (Personal Vengeance)
Is the earliest remedy for the wrong act to any one (in the
primitive society)?
The concept of personal revenge by the victim’s family or tribe
against the family or tribe of the offender, hence “blood feuds”
was accepted in the early primitive societies.
Fines and Punishment
Custom has exerted effort and great force among primitive
societies. The acceptance of vengeance in a form of payment
(cattle, food, personal services, etc.) became accepted as dictated
by tribal traditions.
THE EARLY CODES
History has shown that there are three main legal systems in the world,
which have been extended to and adopted by all countries aside from those that
produced them. In their chronological order, they are the Roman, the Mohammedan or
Arabic and the Anglo-American laws. The Roman law was the most lasting and most
pervading influence.
Babylonian and Sumerian Codes
Codes of King Hammurabi
Babylon, about 1990 BC, credited as the oldest code prescribing
savage punishment, but in fact, Sumerian codes were nearly one
hundred years old.
Roman and Greek Codes
Justinian Code
6th C A.D., wrote by Emperor Justinian of Rome
This was an effort to match a desirable amount of punishment to
all possible crimes.
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The Twelve Tables (XII Tabulae)
The earliest codification of Roman law incorporated into the
Justinian Code.
It is the foundation of all public and private law of the Romans
until the time of Justinian
It is the collection of legal principles engraved on metal tablets
and set up on the forum.
Greek Code of Draco
A harsh code that provides the same punishment for both
citizens and slaves as it incorporates primitive concept.
The Greeks were the first society to allow any citizen to
prosecute the offender in the name of the injured party.
The Burgundian Code (500 A.D)
The code which specified punishment according to the social
class of offenders: dividing into nobbles, middle class and lower
class and specifying the value of the life of each person
according to social status.
The Secular Laws
It was advocated by Christian philosophers who recognizes the
need for justice.
St. Augustine and St, Thomas Aquinas was some of the
proponents
It distinguished three laws: External Law, Natural Law and
Human Law
THE EARLY PRISONS
Mamertine prison
The only early Roman place of confinement, which is built
under the main sewer of Rome in 64 B.C
Bride Work house
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The most popular workhouse in London which was built for
the employment and housing of English prisoners
Walnut Street Jail
Originally constructed as a detention jail in Philadelphia
Was converted into a state prison and became the first
American Penitentiary
HISTORICAL SETTING OF CORRECTION IN THE PHILIPPINES
The Philippines is one of the many countries that came 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.
Conquistadores
The Spanish Civil Code became effective in the Philippines on December 7,
1889.
Kodigo Penal
(now Revised Penal Code) was introduced promulgated by the King of
Spain. Basically, these laws adopted the Roman law principles.
Most tribal traditions, customs and practices influenced laws during the
Pre-Spanish Philippines. There were also laws that were written which
includes the Code of Kalantiao-the most extensive and severe law that
prescribes harsh punishment, and the Maragtas Code (DatuSumakwel)
PUNISHMENT AND THE CRIMINAL
Punishment
It is the redress that the state takes against on offending member of the
society that usually involves pain and suffering.
It is the penalty imposed on an offender for a crime or wrong doing.
Ancient Forms of Punishment
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1. Death Penalty
Affected by burning, beheading, hanging, breaking of the wheels, pillory
and other forms of medieval executions
2. Physical torture
Affected by maiming, mutilation, whipping and other inhumane or
barbaric forms of inflicting pain
3. Social Degradation
Putting the offender into shame or humiliation
4. Banishment or Exile
The sending or putting away of an offender which was carried out either
by prohibition against coming into a specified territory
5. Other similar forms of punishment like transportation and slavery.
Early Forms of Prison Discipline
1. Hard Labor
Productive works
2. Deprivation
Deprivation of everything except the essentials of existence
3. Monotony
Giving the same food that is “off” diet or requiring the prisoners to
perform drab or boring daily routine
4. Uniformity
“the fault of one is the fault of all”
5. Mass Movement
Mass living in cellblocks, mass eating, mass recreation and mass bathing
6. Degradation
Uttering insulting words or languages on the part of prison staff to the
prisoners to degrade the confidence of the prisoners
7. Corporal Punishment
Imposing brutal punishment or employing physical force to intimidate a
delinquent inmate
8. Isolation or Solitary Confinement
Non-communication, limited news “the lone wolf”
Contemporary Forms of Punishment
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1. Imprisonment
Putting the offender in prison for the purpose of protecting the public
against criminal activities.
Rehabilitating the prisoners by requiring them to undergo institutional
treatment programs.
2. Parole
A conditional release of a prisoner after serving part of his sentence in
prison for the purpose of gradually re-introducing him to free life under
the guidance and supervision of a parole officer.
3. Probation
A disposition release whereby a defendant after conviction of an offense,
the penalty of which does not exceed six years imprisonment, is released
subject to the conditions imposed by the releasing court and under the
supervision of a probation officer.
4. Fine
An amount given as a compensation for a criminal act.
5. Destierro
The penalty of banishing a person from the place where he committed a
crime, prohibiting him to get near or enter the 25-km perimeter.
Justification of Punishment
1. Retribution
The punishment should be provided by the state whose sanction is
violated to afford the society or the individual the opportunity of
imposing upon the offender suitable punishment as might be enforced.
Offenders should be punished because they deserve it.
2. Expiation or Atonement
It is punishment in a form of group vengeance where the purpose is
to appease the offended public or group.
3. Deterrence
Punishment gives lesson to the offender by showing to others what
would happen to them if they violate the law.
Punishment is imposed to warn potential offenders that they cannot
afford to do what the offender has done.
4. Incapacitation and Protection
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The public would be protected if the offender has been held on
conditions where cannot harm others especially the public.
Punishment is effected by placing offenders in prison so that society
will be ensured from further criminal depredations of criminals.
5. Reformation or Rehabilitation
It is the establishment of the usefulness and responsibility of the
offender.
It is helping the prisoners to become a law abiding citizen and
productive upon his return to the community by requiring him to
undergo intensive program of rehabilitation in prison.
Pioneers of Reformation
William Penn
He was the first leader to prescribe imprisonment as correctional treatment for
major offenders.
He is responsible for the abolition of death penalty and torture as a form of
punishment.
Charles Montesiquieu
He was a French historian and philosopher who analyzed law as an expression of
justice
He believed that harsh punishment would undermine morality and that
appealing to moral sentiments as a better means of preventing crime.
Voltaire (Francis Marie Arouet)
He believes that fear of shame was a deterrent to crime.
He fought the legality-sanctioned practice of torture.
Cesare Bonesa, Marchese de Becarria
He wrote an essay entitled “An essay on Crimes and Punishment”- it
represented, the humanistic goal of law.
Jeremy Bentham
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He believes that whatever punishment designed to negate whatever pleasure or
gain the criminal derives from crime; the crime rate would go down.
He was the one who devise the ultimate PANOPTICAN PRISON- a prison that
consists of a large circular building containing multi cells around the periphery.
John Howard
He recommended the single cell for sleeping, segregation of women, segregation
of youth, provision of sanitation facilities and abolition of fee system.
THE REFORMATORY MOVEMENT
Alexander Mochanochie
He introduced the “Mark System”- a system in which a prisoner is required to
earn a number of marks based on proper department, labor and study in order
to entitle him for a ticket for leave or conditional release which is similar to
parole.
Manuel Montesimos
The one who divided the number of prisoners into companies and appointed
certain prisoners as pettyofficers in charge, which allowed good behavior to
prepare the convict for gradual release.
Domets of France
He established an agricultural colony for delinquent boys in 1839 providing
housefathers as in charge of these boys.
Sir Evelyn Ruggles Brise
The one who opened the Borstal Institution-the one considered as the best
reform institution for young offenders today.
Walter Crofton
He introduced the Irish System that was modified from the Mocanochie’s mark
system.
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Zebulon Brockway
He introduced certain innovational programs like training school type,
compulsory education of prisoners, casework methods, extensive used of parole,
indeterminate sentence.
Elmira Reformatory
Is considered forerunner of modern penology because it had all the elements of
a modern system.
The Two Rival Prison Systems in the History of Correction
The Auburn Prison System
The prison system called the “Congregate System”- the prisoners are confined in
their own cells during the night and congregate work in shop during the day.
The Pennsylvania
The prison system called “Solitary System”-prisoners are confined in single cells
day and night where they lived, they slept and they ate and receive religious
instruction.
Penalty
Is defined as the suffering inflicted by the stage against an offending member for
the transgression of law.
Judicial Conditions of Penalty
1. Productive of Suffering
Without affecting the integrity of the human personality.
2. Commensurate with the Offense
Different crimes must be punished with different penalties.
3. Personal
The guilty one must be the one to punished, no proxy.
4. Legal
The consequence must be in accordance with the law.
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5. Equal
Equal for all person.
6. Certain
No one must escape its effect.
7. Correctional
Changes the attitude of the offenders and become law abiding
citizens.
Penalties as to Gravity
1. Death penalty
Capital punishment.
2. Reclusion Perpetua
Life imprisonment, a term of 20 years and 1 day to 40 years.
3. Reclusion Temporal
12 years and 1 day to 20 years imprisonment
4. Prison Mayor
6 years and 1 day to 12 years
5. Prison Correctional
6 months and 1 day to 6 years
6. Arresto Mayor
1 month and 1 day to 6 months
7. Arresto Menor
1 day to 30 days
8. Bond to Keep the Peace
Discretionary on the part of the court.
Prison
It is penitentiary- an institution for the imprisonment (incarceration) of persons
convicted of major/serious crime
A building usually with cells for the purpose of taking safe custody or
confinement of criminals.
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Prisoner
It is a person who is under the custody of lawful authority.
A person who by the reason of his criminal sentence or by a decision issued by a
court, may be deprived of his liberty or freedom.
Is any person detained/confined in jail or prison for the commission of a criminal
offense or convicted and serving in a penal institution.
General Classification of Prisoner
1. Detention Prisoners
Those detained for investigation, preliminary hearing or awaiting trial.
They are detainee in a lockup jail or prisoners under the jurisdiction of
the courts.
They are confined at the Security Prison (NBP Man Building)
They wear orange color uniform.
A prisoner includes those sentenced to serve sentence 20 years or, more
or those who’s sentenced are under the review of the Supreme court.
2. Sentenced Prisoners
Offenders who are committed to the jail of prison in order to serve their
sentence after final conviction by a competent court.
They are under the jurisdiction of penal institution.
3. Prisoners who are on Safekeeping
Includes non-criminal offenders who are detained in order to protect the
community against their harmful behavior.
Classification of Sentenced Prisoners
1. Insular or National Prisoners
Those sentenced to suffer a term of sentence of 3 years and 1 day to life
imprisonment.
2. Provincial Prisoners
Those persons sentenced to suffer a term of imprisonment from 6
months and 1 day to 3 years.
3. City Prisoners
Those sentenced to suffer a term of imprisonment from 1 day to 3 years.
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4. Municipal Prisoners
Those confined in Municipal jails to serve an imprisonment from 1 day to
6 months.
Classification of Prisoners According to Degree of Security
Super Maximum Security Prisoners
A special group of prisoners composed of incorrigible, intractable ad
highly dangerous persons who are source of constant disturbances even
in a maximum-security prison.
They wear orange color uniform.
Maximum Security Prisoners
It is the group of prisoners who escape could be dangerous to the public
or to the security of the state.
It consists of constant troublemakers but not as dangerous as the super
maximum-security prisoners.
Their movements are restricted and they are not allowed to work outside
the institution but rather assigned to industrial shops with in the prison
compound.
They are confined at the Maximum Security Prison (NBP Main Building)
They wear orange color uniform.
A prisoner includes those sentenced to serve sentence 20 years or, more
or those who’s sentenced are under the review of the Supreme Court.
Medium Security Prisoners
Those who cannot be trusted in opened conditions and pose lesser
danger than maximum-security prisoners in case they escape.
It consists of group of prisoners who maybe allowed working outside the
fence or walls of the penal institution under guards or with escorts.
They occupy the Medium Security Prison (Camp Sampaguita)
They wear blue color uniform
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It includes prisoners whose minimum sentence is less than 20 years and
life sentenced prisoners who served at least 10 years inside a maximum-
security prison.
Minimum Security Prisoners
It is group of prisoners who can be reasonably trusted to serve sentence
under “under condition”
This group includes prisoners who can be trusted to report to their work
assignments without the presence of guards
They occupy the Minimum Security Prison (Camp Bukang Liwayway)
They wear brown color uniform
Jail
This place for locking-up of person who are convicted of minor offense or
felonies that are to serve a short sentence imposed upon them by a component
court, or the confinement of persons who are awaiting trial or investigation of
their cases.
Types of Jails
1. Lock-up Jail
Is a security facility, common to police station, used for temporary confinement
of an individual held for investigation.
2. Ordinary Jails
Is the type of jail commonly used to detain a convicted criminal offender to
serve sentence less than three years.
3. Workhouse, Jail Farms or Camp
Those who are undergoing constructive work programs. It provides full
employment of prisoners, remedial services and constructive leisure time
activities.
PHILIPPINE PRISON SYSTEM
The Bureau of Corrections
Bureau of Prison was renamed Bureau of Correction under Executive Order 292
passed during the Aquino Administration.
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It states that the head of the Bureau of Corrections is the Director of Prisons
who is appointed by the President of the Philippines with the confirmation of
the Commission of Appointment.
It has general supervision and control of all national prisons or penitentiaries.
It is charge with the safekeeping of all Insular Prisoners confined therein or
committed to the custody of the Bureau.
Coverage of the Bureau of Corrections
National Bilibid Prisons (Muntinlupa, Rizal)
- New Bilibid Prisons (Main Building)
- Camp Sampaguita
- Camp Bukang Liwayway
Reception and Diagnostic Center (RDC)
Correctional Institution for Woman (Mandaluyong)
The Penal Colonies:
- Sablayan Penal Colony and Farm (Occ. Mindoro)
- Iwahig Penal Colony and Farm (Palawan)
- Davao Penal Colony and Farm (Central Davao)
- San Ramon Penal Colony and Farm (Zamboanga)
- Iloilo Penal Colony and Farm (Iloilo Province)
- Leyte Regional Prison (Abuyog Leyte)
Bureau of Jail Management and Penology (BJMP)
- Exercises supervision and control overall cities and municipal jails throughout
the country.
- The enactment as a line under the Department of the Interior and Local
Government (DILG).
- It operates as a line under the Department of the Interior and Local
Government (DILG).
Power of the BJMP
- The Bureau shall exercise supervision and control over all districts, city and
municipality jails to ensure a secured, clean, sanitary, and adequately
equipped jail for the custody and safekeeping of city and municipal prisoners,
any fugitive from justice or persons detained awaiting investigation or trial
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and/or transfer to the National Penitentiary, and any violent, mentally ill
person who endangers himself or safety of others.
Organization and Key Positions in the BJMP
- The BJMP, also referred to as the Jail Bureau, was created pursuant to
Section 60, R.A no. 6975, and initially consisting of uninformed officers and
members of the Jail management and Penology service as constituted under
P.D. no. 765.
- The bureau shall be headed by a Chief with the rank of Director, and assisted
by the Deputy Chief with the rank Chief Superintendent.
- The Central Office is the Command and Staff Divisions, 6 Special Staff Groups
and 6 Personal Staff Groups namely:
1. Command Group
- Chief, BJMP- Deputy C/ BJMP- Chief of Staff
2. Coordinating Staff Group
- Administrative Division, Operations Division, Logistic Division, Finance
Management Division, Research Plans and Program Division,
Inspection and Investigation Division
3. Special Staff Group
- General Services Unit, Health Services Unit, Chaplain Services Unit,
Community Services Unit, Finance Services Unit, Hearing Office
4. Personal Staff Groups
- Aide-de-Camp, Intelligence Office, Public Information Office, Legal
Office, Adjudication Office, Internal Audit
Regional Office
- At the Regional level, each Region shall have a designated Assistant
Regional Director for Jail management and Penology
Provincial Level
- In the Provincial Level, there shall be designated a Provincial Jail
Administrator to perform the same functions as the ARDs province
wide.
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District Office
- In the District Level, where there are large cities and municipalities, a
district jail with subordinate jails, headed by District warden may be
established as necessary.
Rank Position/Title Appointing Authority
Director Chief to the BJMP Sec. of DILG
C/Supt. Asst. Regional Director Same
Sn. Supt. Asst. Regional Director Same
Supt. Asst. Regional Director Same
Chief Insp. Warden Under Secretary
Sn. Insp. Warden Same
Inspector Warden Same
Jo1 to SJo4 Jail Guards Chief BJMP
City and Municipal Office
- In the City and Municipal Level, a city or municipal Warden shall head
each jail
Rank and Classification of the BJMP
Duties and Responsibilities
WARDEN
- Is responsible for the Direction, Coordination and Control of Jail.
- This includes the Security, safety, discipline and well-being of the
inmates.
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The office of the warden may organize the following:
1. Intelligence and Investigation Team
- It gathers, collates, and submits intelligence information to the office of
the warden on matter regarding the jail condition.
2. Jail Inspectorate Section
- Inspect jails facilities. Personnel and prisoners and submits report to the
warden.
3. Public Relation Office
- Maintain public relation to obtain the necessary and adequate public
support.
Executive Clemencies
Amnesty
- A general pardon extended to a group of person, such as political
offenders purposely to bring about the return of dissidents to their
homes and to restore peace and order in the community.
Communication
- An act of the president changing/ reducing a heavier sentence to lighter
one or a longer term onto a shorter term
- It may alter Death sentence to life sentence or life sentence to a term
year
- It does not forgive the offender but merely to reduce the penalty
pronounced by the court
Reprieve
- A temporary stay of the execution of the sentence especially the
execution of the Death Sentence
- Is extended to prisoners sentenced to death. The date of execution of
sentenced is set back several days to enable the Chief to study the
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petition of the condemned man for commutation of sentence pardon
Pardon
- An act of grace extended to prisoners as a matter of right, vested to the
Chief Executive as a matter of power.
LESSON NINE
INTRODUCTION TO CRIMINAL LAW
CRIMINAL LAW
- Is that branch or division of law, which defines crimes, treats of their nature and
provides for their punishment.
CHARACTERISTICS OF CRIMINAL LAW
Criminal law has three main characteristics namely: (1) general, (2) territorial
and (3) prospective.
GENERAL APPLICATION
- It has general application because criminal law is binding on all persons who
reside or sojourn in the Philippine territory.
- Art. 2 of the Revised Penal Code states that the provisions of this code shall be
enforced within the Philippine archipelago, including its atmosphere, interior
waters and maritime zone, without reference to the person or persons who
might violate any of its provisions.
- Art. 14 of the Civil Code provide that penal laws shall be obligatory upon all who
live or sojourn in Philippine territory.
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EXCEPTIONS OF THE GENERAL APPLICATION OF CRIMINAL LAW
- there are cases where our Criminal Law does not apply even if the crime is
committed by a person residing or sojourning in the Philippines. They constitute
the exceptions.
1. The opening sentence of art. 2 of the Revised Penal Code say that the
provisions of this code shall be enforced within the Philippine Archipelago,
“except as provided in the treaties and laws of preferential application”.
2. Art. 14 of the Revised Penal Code provides that penal laws and those of
public security and safety shall be obligatory upon all who live or sojourn in
the Philippine territory, subject to the principles of public international laws
and treaty stipulations.
3. Treaty or Treaty Stipulations
- An example of treaty or treaty stipulation, as an exception to the general
application of our Criminal Law in the Base Agreement entered into by and
between the Philippines and the USA on March 14, 1947 stipulating that “the
Philippines consents that the US have the right to exercise jurisdiction over some
particular offences. However, they said Military Bases Agreement already
expired on September 16, 1991.
4. Law on Preferential Application
- Republic Act No. 75 may be considered a law of preferential application in favor
of diplomatic representatives and their domestic servants.
- It is a law to penalize acts which would impair the proper observance by the
Republic and inhabitants of the Philippines immunities, rights and privileges of
duly accredited foreign diplomatic representatives in the Philippines.
5. Principles of Public International Law
- Person exempt from the operations of our criminal laws by virtue of the
principles of public International law:
Sovereigns and other chiefs of state;
Ambassadors;
Ministers plenipotentiary;
Minister’s resident; and
Charges d affaires
- It is well established principle international law that diplomatic representatives,
such as ambassadors or public ministers and their official retinue, possess
immunity from the criminal jurisdiction the country of their sojourn and cannot
be sued, arrested or punished by the law that country.
COMPILED BY: JOHN PAUL M. MAMINTA
This is made for the purpose of reviewing the class lesson for incoming examination and has no
intention to plagiarize. MY GREATEST GRATITUDE TO THE AUTHORS!
INTRODUCTION TO CRIMINOLOGY
TERRITORIAL APPLICATION
- It is territorial, in the criminal law undertakes to punish crimes committed within
the Philippine territory.
- Art. 2 of the Revised Penal Code states that the provision of this code shall be
enforced within the Philippine Archipelago, including its atmosphere, its interior
waters and marine zone, which constitute the Philippine territory.
PROSPECTIVITY OF CRIMINAL LAWS
- It is prospective, in that a penal code cannot make an act punishable when
committed.
- crimes are punished under the laws in force at the time of their commission.
Art. 21 of the Revised Penal Code provide that no felony shall be punishable by
any penalty not prescribed by law prior to its commission.
- Art. 366 of the Revised Penal Code provide that felonies are punishable under
the laws enforced at the time of their commission.
FELONIES
- Felonies are act and omissions punishable by law (Art.3, 1st par.,RPC)
TWO WAYS OF COMMITTING FELONIES
By means of Dolo (deceit)
By means of Culpa (fault)
DOLO (DECEIT)
- There is deceit when the acts are performed with deliberate intent.
REQUISITES OF AN INTENTIONAL FELONY
1. The offender must have freedom;
2. The offender must have intelligence; and
3. The offender must have intent while doing the act or omitting to do the crime.
IMPORTANCE OF FREEDOM
- When a person acts without freedom, he is no longer a human being but a tool.
- His liability is as much as that of the knife that wounds, or of torch that sets fire,
or of the key that open door, or of the ladder that is placed against the wall of
the house in committing robbery.
COMPILED BY: JOHN PAUL M. MAMINTA
This is made for the purpose of reviewing the class lesson for incoming examination and has no
intention to plagiarize. MY GREATEST GRATITUDE TO THE AUTHORS!
INTRODUCTION TO CRIMINOLOGY
- The following have no freedom:
a. A person who acts under the compulsion of an irresistible force.
b. A person who acts under the impulses of an uncontrollable fear of an
equal or greater injury.
IMPORTANCE OF INTELLIGENCE
- Intelligence is necessary factor in determining the morality of a particular act.
- Without this power, no crime can exist
- The following are exempt from criminal liability because of the absence of
intelligence:
a. An imbecile or an insane person, unless the latter has acted during
lucid interval.
b. A person under nine years of age.
c. A person over nine years of age and under fifteen, unless he has acted
with discernment.
IMPORTANCE OF INTENT
- Intent to commit the act with malice, being purely a mental process, is presumed
and the presumption arises from the proof of the commission of an unlawful act.
CULPA (FAULT)
- There is fault when the wrongful act result to imprudence, negligence, lack of
foresight or lack of skill
REQUISITES OF CULPA
1. The offender must have freedom while doing the act or omitting to do the
act.
2. The offender must have intelligence while doing the act or omitting to do the
act and
3. The offender must have imprudent, negligent or lack of foresight or skill
while doing the act or omitting to do the act.
CLASSIFICATION OF FELONIES
Felonies are classified according to the means by which they committed into:
1. INTENTIONAL FELONIES or felonies committed with malice or deliberate
intent and
COMPILED BY: JOHN PAUL M. MAMINTA
This is made for the purpose of reviewing the class lesson for incoming examination and has no
intention to plagiarize. MY GREATEST GRATITUDE TO THE AUTHORS!
INTRODUCTION TO CRIMINOLOGY
2. CULPABLE FELONIES or felonies committed as a result of imprudence,
negligence, lack of foresight or lack of skill.
STAGES OF THE ACTS OF A FELONY
- The three stages of a felony are attempted, frustrated, and consummated.
ATTEMPTED FELONY
- A felony is attempted when the offender commences or commission directly by
over acts, and does not performed all the acts of execution produced by the
felony by reason of some cause or accident other than his own spontaneous
desistance.
FRUSTRATED FELONY
- A felony is frustrated when the offender performs all the acts of execution which
would produce the felony as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of the perpetrator.
CONSUMMATED FELONY
- A Felony is consummated when all the necessary for its execution and
accomplishment are present.
CRIMINAL LIABILITY
Criminal liability shall be incurred:
1. by any person committing a felony (delito) although the wrongful act done
be different from that which he intended.
2. By any person performing an act which would an offense against persons or
property, were it not for inherent impossibility of its accomplishment or on
account of the employment of inadequate or in effectual means.
COMPILED BY: JOHN PAUL M. MAMINTA
This is made for the purpose of reviewing the class lesson for incoming examination and has no
intention to plagiarize. MY GREATEST GRATITUDE TO THE AUTHORS!
INTRODUCTION TO CRIMINOLOGY
COMPILED BY: JOHN PAUL M. MAMINTA
This is made for the purpose of reviewing the class lesson for incoming examination and has no
intention to plagiarize. MY GREATEST GRATITUDE TO THE AUTHORS!