Sociology of Crimes

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SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS

CRIM. 1: INTRODUCTION TO CRIMINOLOGY AND PSYCHOLOGY OF CRIMES CRIM. 1: INTRODUCTION TO CRIMINOLOGY AND PSYCHOLOGY OF CRIMES CRIMINOLOGY definitions:

CRIMINOLOGY definitions:

Is the entire body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of!"in# of $!%s, of &'e!"in# of $!%s!"in# of $!%s, of &'e!"in# of $!%s, and the society’s reaction towards the breaking of laws.” (Ed%in H. S(t)e'$!ndEd%in H. S(t)e'$!nd)

The scientific study of the causes of crime in relation to man and society who set and define rules and regulations for himself and others to govern (T'!dio)T'!dio

Is a body of knowledge regarding crimes, criminals and the efforts of society to prevent and repress them. (*'o!d*'o!d definitiondefinition)

C'iino$o#ist +R.A. -/ C'iino$o#ist +R.A. -/

An act creating the oard of !"aminers for #riminologist in the $hilippines approved on %uly &, &'

any person who is a graduate of the *egree of #riminology, who has passed the e"amination for criminologists and is registered as such by the oard of !"aminers of the $rofessional +egulation #ommission ($+#).

O'i#in of t)e %o'd 0C'iino$o#2 O'i#in of t)e %o'd 0C'iino$o#2

!tymologically, the term criminology came from the atin word -crimen” meaning crime and reek word -ogos” which means -to study”.

In &//0, R!f!e$ G!'of!$oR!f!e$ G!'of!$o, an Italian aw $rofessor coined the termcriminologia.

In &//', P!($ P!($ ToTo3in!'d3in!'d, 1rench Anthropologist, used the term criminology in 1rench criminologie for the first time

P'in4i3!$ Di5isions of C'iino$o# P'in4i3!$ Di5isions of C'iino$o#

a. Etio$o# of C'iesEtio$o# of C'ies 2 the scientific analysis of the causes of crimes and the criminal behavior. b. So4io$o# of L!%So4io$o# of L!% 2 refers to the investigation of the nature of criminal law and its administration c. Peno$o#Peno$o# 2 the study of the control of crimes and the rehabilitation of offender

Is C'iino$o# ! S4ien4e6 Is C'iino$o# ! S4ien4e6

According to Geo'#e 7i$"e',Geo'#e 7i$"e', #riminology cannot become a science because it has not yet ac3uired universal validity. Ed%in H. S(t)e'$!ndEd%in H. S(t)e'$!nd, the *ean of 4odern #riminology, hoped that it will become a science in the future since the causes of crimes are almost the same which may be biological, environmental or combination of the two.

N!t('e of C'iino$o# +SAND/

N!t('e of C'iino$o# +SAND/&. It is a So4i!$So4i!$ science because it studies crime as a social phenomenon. #rime is a social problem which has a great impact to society.

. It i s A33$iedA33$ied science because criminology as a body of knowledge has already established universally accepted principles and concepts and these are used by other field of study. +INSTRUMENTATION/

+INSTRUMENTATION/

5. It is N!tion!$isti4N!tion!$isti4 because the study of criminology takes into consideration the history, the culture and the social norms and the laws of the country. !ach country has its own set of laws and crimes are defined by the laws of the country.

6. It is Dn!i4Dn!i4 because the concepts of criminology and their applications adapt to the changing time.

S4o3e in t)e St(d of C'iino$o# S4o3e in t)e St(d of C'iino$o#

&. 7tudy of the srcin and development of criminal law

. 7tudy of the causes of crimes and development of criminals

5. 7tudy of the other sciences that e"amine criminal behavior using scientific methods such as8  C'iin!$ Deo#'!3)C'iin!$ Deo#'!3) 2 the study of the relationship between criminality and populationC'iin!$ E3idioo$o#C'iin!$ E3idioo$o# 2 the study of the relationship between environment and criminalityC'iin!$ E4o$o#C'iin!$ E4o$o# 2 the study of criminality in relation to the spatial distr ibution in a

community

C'iin!$ P)si4!$ Ant)'o3o$o#C'iin!$ P)si4!$ Ant)'o3o$o# 2 the study of criminality in relation to physical constitution of men

C'iin!$ Ps4)o$o#C'iin!$ Ps4)o$o# 2 the study of human behavior in relation to criminalityC'iin!$ Ps4)i!t'C'iin!$ Ps4)i!t' 2 the study of human mind in relation to criminality8i4tio$o#8i4tio$o# 2 the study of the role of the victim in the commission of a crime

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Crimes and Criminals C'ie

C'ie

o +efers to an act committed or omitted in violation of public law ($hil. aw *ictionary).

o It also refers to an act committed or omitted in violation of a public law forbidding or commanding it

(+eyes 99:). C$!ssifi4!tion of C'ies C$!ssifi4!tion of C'ies Le#!$ C$!ssifi4!tions: Le#!$ C$!ssifi4!tions: 1.

1. A4A44o'4o'dindin# to # to $!$!% 5% 5io$io$!t!teded

a. Fe$onFe$on 2 an act or omission punishable by law which is committed by means of dolo (deceit) or culpa (fault)and punishable under the +evised $enal #ode

b. OffenseOffense 2 an act or omission in violation of a special law

c. Inf'!4tionInf'!4tion 2 an act or omission in violation of a city or municipal ordinance 9.

9. A44oA44o'din'din# to t)e # to t)e !n!nne' one' of 4of 4oittinittin# 4'i# 4'ie:e:

a. * e!ns of* e!ns of Dolo or Deceit 2 if the crime is committed with deliberate intent. Thus, it is called intentional felonies.

f'eedo o' 5o$(nt!'iness f'eedo o' 5o$(nt!'iness inte$$i#en4e inte$$i#en4e intent intent &

&.. * * ee!!ns ns ofof culpa or fault

o felonies committed by means of culpa (fault) o

the act or omission of the offender is not malicious and the in;ury caused by the offender is unintentional, it being the simply the incident of another act performed without malice

L!4" of fo'esi#)t L!4" of fo'esi#)t L!4" of s"i$$ L!4" of s"i$$ Ne#$i#en4e Ne#$i#en4e I3'(den4e I3'(den4e .

. A44oA44o'din'din# to t# to t)e st)e st!#e!#es in s in t)e 4t)e 4ooissiission:on:

&. Atte3tedAtte3ted 2 the crime is attempted when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of e"ecution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.

. F'(st'!tedF'(st'!ted < when the offender performs all the acts of e"ecution which would produce the felony as a conse3uence but which, nevertheless do not produce it by reason of causes independent of the will of the perpetrator.

5. Cons(!tedCons(!ted < when all the elements necessary for its accomplishment and e"ecution are present

6. A44o'din# to 3$('!$it:A44o'din# to 3$('!$it:

a. Si3$e C'ieSi3$e C'ie 2 is a single act constituting only one offense.

b. Co3Co3$e; C'ie$e; C'ie 2 single act constituting two or more grave felonies or an is a necessary means for committing the other

Two () =inds of #omple" #rime8

a. compound crime (delito compuesto) b. comple" crime proper (delito comple;o) c. 7pecial comple" crime

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-. A44o'din# to #'!5it: -. A44o'din# to #'!5it: G

G''!!55iitt  oof f FFee$$oonn P''iinP n44ii33$$e e PPeenn!!$$tt AA''tt..1199- - DDee##''eee e oof f PPeenn!!$$ttiieess 1. G'!5e fe$onies < !'e t)ose to

1. G'!5e fe$onies < !'e t)ose to %)i4) %)i4) t)e t)e $!% $!% !tt!4)es!tt!4)es

t)e 4!3it!$ 3(nis)ent t)e 4!3it!$ 3(nis)ent o' 3en!$ties %)i4) in o' 3en!$ties %)i4) in !n of t)ei' 3e'iod !'e !n of t)ei' 3e'iod !'e !ff$i4ti5e. !ff$i4ti5e.  (Capital Punishment)  Afflictive $enalties  (Death)  +eclusion $erpetua+eclusion Temporal$rison 4ayor 9.

9. Less Less #'!5e #'!5e fe$onies fe$onies < < !'e!'e t)ose %)i4) t)e $!% t)ose %)i4) t)e $!% 3(nis)es %it) 3en!$ties 3(nis)es %it) 3en!$ties %)i4) in t)ei' !;i( %)i4) in t)ei' !;i( 3e'iod !'e 4o''e4tion!$. 3e'iod !'e 4o''e4tion!$.

#orrecional $enalties

$rison #orrecional Arresto 4enor

. Li#)t fe$onies < !'e inf'!4tion . Li#)t fe$onies < !'e inf'!4tion

of $!%s fo' t)e of $!%s fo' t)e

4oission of %)i4) 4oission of %)i4) t)e 3en!$t of !''esto t)e 3en!$t of !''esto eno' o' ! fine not eno' o' ! fine not e;4eedin# 9 3esos o' e;4eedin# 9 3esos o' &ot) &ot) is is 3'o5ided3'o5ided

ight $enalties Arresto 4enor

:. A44o'din# to t)e n!t('e of t)e !4t:. A44o'din# to t)e n!t('e of t)e !4t:

a. C'ies !$! in seC'ies !$! in se 2 are acts that are inherently evil. !"amples are murder, robbery, etc.

b. C'ies !$! 3'o)i&it!C'ies !$! 3'o)i&it! 2 are acts which are prohibited only because there are laws forbidding such acts. !"amples are Illegal $ossession of firearms, Traffic >iolations, etc.

CRIMINOLOGICAL CLASSIFICATIONS OF CRIME CRIMINOLOGICAL CLASSIFICATIONS OF CRIME

&. According to the result of the crime8

a. A4=(A4=(isitisiti5e 4'iei5e 4'ie 2 if the offender ac3uired or gained something by committing the crime. !"amples are robbery, estafa, bribery, etc.

b. Dest'(4ti5e 4'ieDest'(4ti5e 4'ie 2 if the crime resulted in destruction, damage or even death. !"amples are arson, murder and homicide, damage to property, etc.

. According to the time or period of commission8

a. Se!son!$ 4'iesSe!son!$ 4'ies 2 are crimes that happen only during a particular season or period of the year. !"amples are violation of election law, ta" law violations, etc.

b. Sit(!tion!$ 4'iesSit(!tion!$ 4'ies 2 are crimes committed when the situation is conducive to the commission of the crime and there is an opportunity to commit it. !"amples are pickpocketing, theft, etc. 5. According to the length of time of the commission8

a. Inst!nt 4'ieInst!nt 4'ies 2 are those crimes that can be committed in a very short time. !"ample8 theft b. E3isoid!$ 4'iesE3isoid!$ 4'ies 2 are crimes committed through series of acts or episodes and in much longer

time. !"ample8 serious illegal detention 6. According to place or location8

a. St!ti4 4'iesSt!ti4 4'ies 2 are committed only in one place. e"amples are theft and robbery

b. ContContin(iin(in# n# 4'i4'ieses 2 are crimes that take place in more than one place or several places. e"amples8 abduction, kidnapping, etc.

0. According to the use of mental faculties8

a. R!tion!$ 4'iesR!tion!$ 4'ies 2 when the offender is capable of knowing what he is doing and understanding the conse3uences of his actions.

b. I''!I''!tiontion!$ !$ C'iC'ieses 2 when the offender suffers from any form of mental disorders, insanity or abnormality. Thus, the offender doesn?t know what he is doing.

:. According to the type of offender8

a. 7)ite Co$$!' C'ies +Ed%in S(t)e'$!nd/7)ite Co$$!' C'ies +Ed%in S(t)e'$!nd/ 2 crimes committed by those persons belonging to the upper socio<economic status or in the course of his occupational activities.

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b. *$(*$(e e CoCo$$!$$!' ' C'iC'ieess 2 are those crimes committed by ordinary criminals as a means of livelihood.

CRIMINAL Definition CRIMINAL Definition

- in the legal sense, a criminal is any person who has been found to have committed a wrongful

act in the course of the standard ;udicial process@ there must be a final verdict of his guilt

- in the criminological sense, a person is already considered a criminal the moment he committed

a crime

CLASSIFICATIONS OF CRIMINALS CLASSIFICATIONS OF CRIMINALS

&. According to etiologya. A4(te 4'iin!$A4(te 4'iin!$ 2 is a person who committed crime as a result of reacting to a situation or during a moment of anger or burst of feeling.

b. C)'oni4 4'iin!$C)'oni4 4'iin!$ 2 is one who committed a crime with intent or deliberated thinking. 1.

1. NeNe('('ototi4 i4 4'4'iiinin!$!$ 2 is one who has mental disorder. 9.

9. No'No'!$ 4'iin!$ 4'iin!$!$ 2 a person who commits crimes because he looks up to, idolies people who are criminals.

. According to the type of offender8

a. O'dO'din!' 4'iiin!' 4'iin!$n!$ 2 a criminal who engages in crimes which do not re3uire specialied or technical skill

b. O'#!ni>eO'#!ni>ed 4'iin!$d 4'iin!$ 2 is one who possesses some skills and know<how which enable him to commit crimes and evade detection.

c. P'ofession!$ 4'iin!$P'ofession!$ 4'iin!$ 2 a highly skilled criminals which are engaged in a large scale criminal activities ad usually operate in groups.

5. According to criminal activities8

a. P'ofession!$ 4'iin!$P'ofession!$ 4'iin!$ 2 a criminal who earns his living through criminal activities.

b. SiSit(!t(!tiotion!$ n!$ 4'i4'iiin!n!$$ 2 a person who got involved in criminal act because the situation presented itself.

c. H!&it(!$ 4'iin!$ H!&it(!$ 4'iin!$ 2 one who repeatedly commits criminal act for different reasons.

d. A44ident!$ 4'iin!$A44ident!$ 4'iin!$ 2 a person who accidentally violated the law due to some circumstances. St(d of C'iin!$ L!%

St(d of C'iin!$ L!% E5o$(tion of C'iin!$ L!%s E5o$(tion of C'iin!$ L!%s A

A// PP''ee)i)isstoto'i'i4 4 CC''iie e !!nnd d PP(n(nisis))eentnt $rimitive Tribes

punishment may be in the form of ostracism and e"pulsion

adultery may be punished by the aggrieved husband who may kill the adulterer and his own offending wife

crime may be avenged by the victim himself or by the victim?s family *

*// TT))e e EE!!''$$  CCooddeess

1/

1/ Code Code Of Of H!('!&i H!('!&i +1?+1?t)t) *C/ *C/

Bammurabi, the king of abylon during the eighteenth century #, is recognied as the first codifier of laws

it provides the first comprehensive view of the laws in the early daysthe #ode was carved in stone

the -law of talion”, or the principle of -tit for tat”,(an eye for an eye, tooth for a tooth) appears throughout the #ode

under the principle of the law of talion, the punishment should be the same as the harm inflicted on the victim

9

9// TT))e e HHiittttiitteess

The Bittites e"isted about two centuries after Bammurabi and eventually con3uered abylon

// CCoodde e oof f DD''!!""oon n ++@@ THTH

*C/ *C/

knows as the -ultimate in severity”

codified by *rakon, the Athenian lawgiver of the seventh century #

// LL!!%%s s OOf f SSoo$$oonn

7olon was appointed archon and was given legislative powers

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7olon was one of the first to see that a lawgiver had to make laws that applied e3ually to all citiens and also saw that the law of punishment had to maintain proportionality to the crimes committed

--// RROOMMEEBBS S TT77EELL88E E TTAA**LLEES S ++THTH *C/ *C/

+oman law began with the Twelve Tables which were written in the middle of the si"th century #

the Twelve Tables were the foundation of all laws in +ome and written in tablets of bronethe Twelve Tables were drafted by the *ecemvirs, a body of men composed of patricians

CRIMINAL LA7 CRIMINAL LA7

is that branch of public law which defines crimes treats of their nature and provides for their punishment.

Re5ised Pen!$

Re5ised Pen!$ Code Code +A4t No. +A4t No. ?1-/?1-/

book that contains the $hilippine #riminal aw and different special laws and decrees which are penal in nature. It is called as +$# because the o$d 3en!$ 4odeo$d 3en!$ 4ode which took effect in the country on %uly &6, &// and was in force until *ec. 5&, &'5& was revised by the #ommittee created by Administrative Crder Do. '6 of the *epartment of %ustice, dated Cct. &/, &', composed of Anacleto *ia as #hairman, Ale" +eyes and 4ariano de %oya as members.The +$# was approved on *ec. /, &'59 and took effect on %anuary &, &'5.

P'in4i3!$ P!'ts of t)e C'iin!$ L!% P'in4i3!$ P!'ts of t)e C'iin!$ L!%

It is composed of two books@ book one which is composed of Articles &<&&5 and book two covering Articles &&6<5:.&. Articles &<9 2 principles affecting criminal liability

. Articles &<&&5 2 penalties including criminal and civil liability 5. Articles &&6<5: 2 felonies defined under different titles C)!'!4te'isti4s of t)e C'iin!$ L!%

C)!'!4te'isti4s of t)e C'iin!$ L!% 1

1.. GGeenene''!!$i$itt 2 the law is applicable to all persons within the territory irrespective of se", race, nationality or civil status e"cept8

a. Bead of state

b. 1oreign diplomats, ambassadors, who are duly accredited to our country c. 1oreign troops permitted to march within the territory

9.

9. TTee''''itito'o'i!i!$i$itt < the +$# is applicable to felonies committed within the $hilippine territorial ;urisdiction.

a. $hilippine archipelago 2 all the islands that comprise the $hilippines

b. Atmosphere water 2 all bodies of w ater that connect all the islands such as bays, rivers and streams

c. 4aritime one 2 the twelve (&) Dautical 4ile limit beyond our shore measured at low tide

EXCEPTIONS TO THE TERRITORIA CHARACTER O! THE RE"ISED PENA CODE#

The +evised $enal #ode shall be applicable to all cases committed outside the $hilippine territorial ;urisdiction under the following circumstances8

a) should commit an offense while on $hilippine ship or airship@

b) should forge or counterfeit any coin or currency note of the $hilippine Island or obligations and securities issued by the government of the $hilippines@

c) while be ing a public of ficer or em ployee, should co mmit an of fense in th e e"ercise of the ir functions?

d) should commit any of the crimes against national security and law of nations a. P'os3e4ti5itP'os3e4ti5it

The provisions of the +$# cannot be applied if the act is not yet punishable on the time the felony was committed. Bowever, it may have a retroactive effect if it is favorable to the accused who is not a habitual delin3uent.

$% It is specific and definite%

 #riminal law must give a strict definition of a specific act which constitutes an offense. Ehere there is doubt as to whether a definition embodied in the +evised $enal #ode applies to the accused or not, the ;udge is obligated to decide the case in favor of the accused. Criminal law must be construed liberally in favor of the accused and strictly against the state.

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c. It is uniform in application.

An act described as a crime is a crime no matter who committed it, wherever committed in the $hilippines and whenever committed. Do e"ceptions must be made as to the criminal liability. The definition of crimes together with the corresponding punishment must be uniformly construed, although there may be a difference in the enforcement of a given specific provision of the penal law.

d.

d. T&ere must $e a penal sanction or punis&ment%

$enal sanction is the most essential part of the definition of the crime. If there is no penalty to a prohibited act, its enforce ment will almost be impossi ble. The penalty is acting as a deterrence and as a measure of self<defense of the state to protect society from the threat and wrong inflicted by the criminal.

De

Deono$ono$o#i4o#i4!$ T)eo'!$ T)eo' < asserts that a person commits wrongful acts due to the fact that he was possessed by demons.

S4)oo$s of T)o(#)t in C'iino$o# S4)oo$s of T)o(#)t in C'iino$o#

S4)oo$ of T)o(#)t

S4)oo$ of T)o(#)t 2 refers to a group of beliefs or ideas that support a specific theory. T)eo'

T)eo' 2 set of statements devised to e"plain behavior, events or phenomenon, especially one that has been repeatedly tested and widely accepted.

1.

1. C$!C$!ssssi4!i4!$ S4)$ S4)oo$ ooo$ of C'if C'iinino$oo$o##

The classical school of criminology grew out of a reaction against the barbaric system of law, punishment and ;ustice that e"isted. There was no real system of criminal ;ustice in !urope at that time. 7ome crimes were specified, some were not. %udges had discretionary power to convict a person for an act not even legally defined as criminal.

o This school of thought is based on the assumption that individuals choose to commit crimes

after weighing the conse3uences of their actions. According to classical criminologists, individuals have free will. They can choose legal or illegal means to get what they want, fear of punishment can deter them from committing crime and society can control behavior by making the pain of punishment greater than the pleasure of the criminal gains.

o

o This theory, however, does not give any distinction between an adult and a minor or a

mentally<handicapped in as far as free will is concerned. 1ounders of classical school of criminology are Cesare 'eccaria and (eremy 'ent&am%

Ces!'e *e44!'i!

Ces!'e *e44!'i! +Ces!'e *ones!n! M!'4)ese di *e44!'i!/ +1@?<1@/+Ces!'e *ones!n! M!'4)ese di *e44!'i!/ +1@?<1@/

best known for his essay , “n Crimes and Punishment! which presented key ideas on the abolition of torture as legitimate means of e"tracting confession.

Bis book contains almost all modern penal reforms but its greatest contribution was the foundation it laid for subse3uent changes in criminal legislation

his book was influential in the reforms of penal code in 1rance, +ussia, $russia and it influenced the first ten amendments to the F7 #onstitution

*e44!'i!

*e44!'i! believed that8

&. $eople want to achieve pleasure and avoid pain. . #rime provides some pleasure to the criminal.

5. To deter crime , he believed that one must admi nister pain in an appropriate amount to counterbalance the pleasure obtain from crime.

6. 1amous in sayings - "et the punishment fit the crime!

Hi#)$i#)ts of Ces!'e *e44!'i!Bs Ide!s Re#!'din# C'ies !nd T)e C'iin!$ (sti4e Sste Hi#)$i#)ts of Ces!'e *e44!'i!Bs Ide!s Re#!'din# C'ies !nd T)e C'iin!$ (sti4e Sste

a. In forming a human society, men and women sacrifice a portion of thei r libery so as to en;oy peac e and security.

b. $unishments that go beyond the need of preserving the public safety are in their nature un;ust. c. #riminal laws must be clear and certain. %udges must make uniform ;udgments in similar crimes. d. The law must spe cify the degree of evidence that will ;ust ify the detention of an accused offender

prior to his trial.

e. Accusations must be public. 1alse accusations should be severely punished. f. To torture accused offenders to obtain a confession is inadmissible.

g. The promptitude of punishment is one of the most effective curbs on crime.

h. The aim of punishment can only be to prev ent the criminal from committing new crimes against his countrymen, and to keep others from doing likewise. $unishments, therefore, and the method of

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inflicting them, should be chosen in due proportion to the crime, so as to make the most lasting impression on the minds of menG

i. #apital punishment is inefficacious and its place should be substituted life imprisonment.

;. It is better to prevent crimes than to punish them. That is the chief purpose of all good legislation. e'e *ent)!

e'e *ent)! (&6/<&/5)

his contribution to classical school of criminology is the concept of utilitarianism and the felicific calculus.

proposed -Ftilitarian Bedonism” which e"plains that person always acts in such a way to seek pleasure and avoid pain.

founded the concept of FTIITA+IADI74 2 assumes that all our actions are calculated in accordance with their likelihood of bringing pleasure and pain

devised the pseudo<mathematical formula called -felicific calculus” which states that individuals are human calculators who put all the factors into an e3uation in order to decide whether a particular crime is worth committing or not

he reasoned that in order to deter individuals from committing crimes, the punishment, or pain, must be greater than the satisfaction, or pleasure, he would gain from committing the crime Uti$it!'i!nis

Uti$it!'i!nis

Is a philosophy which argues that what is right is the one that would cause the greatest good for the greatest number of people.

Cthers refer to it as thegreatest happiness principle or the principle of utility. 1rom this principle, entham formulated the -felicific calculus”.

Fe$i4ifi4 C!$4($(s

Fe$i4ifi4 C!$4($(s or the pleasure<and<pain principle 2 is a theory that proposes that individuals calculate the conse3uences of his actions by weighing the pleasure (gain) and the pain (suffering) he would derive from doing the action.

9.

9. NeoNeo4$!4$!ssssi4!i4!$ $ C'iC'iinino$oo$o##

This theory modified the doctrine of free will by stating that free will of men may be affected by other factors and crime is committed due to some compelling reasons that prevail. #hese causes are pathology, incompetence, insanity or any condition that will ma$e it impossible for the individual to e%ercise free will entirely . In the study of legal provisions, this is termed as either mitigating or e"empting circumstances.

.

. PoPositsiti5i5is Sis S4)o4)oo$ Of C'o$ Of C'iiinoino$o#$o#

The term “positivism! , refers to a method of analysis based on the collection of observable scientific facts.

$ositivists believe that causes of behavior can be measured and observed.

It demands for facts and scientific proof, thus, changing the study of crimes and criminals into scientific approac&.

$ositive theorists were the first to claim the importance of looking at individual difference among criminals. These theorists who concentrated on the individual structures of a person, stated that people are passive and controlled, whose behaviors are imposed upon them by biological and environmental factors.

A(#(st Cote A(#(st Cote

< was a 1rench philosopher and sociologist and is believed to be the one who reinvented the 1rench term sociologie.

< he was recognied as the)!at&er of Sociolo*y and Positi+ism,%

T)e +UN/ Ho$ T)'ee +/ Of C'iino$o# +A..A It!$i!n S4)oo$ Of C'iino$o#/ T)e +UN/ Ho$ T)'ee +/ Of C'iino$o# +A..A It!$i!n S4)oo$ Of C'iino$o#/ 1. Ces!'e Lo&'oso

1. Ces!'e Lo&'oso

recognied as the “&ather of 'odern and mpirical Criminology ” due to his application of modern scientific methods to trace criminal behavior, however, most of his ideas are now discredited

known for the concept of !t!5isti4 sti#!t!!t!5isti4 sti#!t!(the physical features of creatures at an earlier stage of development).

he claimed that criminals are distinguishable from non<criminals due to the presence of atavistic stigmata and crimes committed by those who are born with certain recogniable heredity traits.

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according to his theory, criminals are usually in possession of huge ;aws and strong canine teeth, the arm span of criminals is often greater than their height, ;ust like that of apes who use their forearms to push themselves along the ground.

other physical stigmata include deviation in head sie and shape, asymmetry of the face, e"cessive dimensions of the ;aw and cheekbones, eye defects and peculiarities, ears of unusual sie, nose twisted, upturned or flattened in thieves, or a3uiline or beaklike in murderers, fleshy lips, swollen and protruding, and pouches in the cheek like those of animal?s toes

< ombroso?s work supported the idea that the criminal was a biologically and physically inferior person

according to him, there are three (5) classes of criminals8

a. &o'n 4'iin!$s&o'n 4'iin!$s 2 individuals with at leastfive () atavistic stigmata

b. ins!ne 4'iin!$sins!ne 4'iin!$s 2 those who became criminals because of some brain defect which affected their ability to understand and differentiate what is right from what is wrong. c. 4'iin!$oids4'iin!$oids < those with makeup of an ambiguous group that includes habitual criminals,

criminals by passion and other diverse types 9. En'i44o Fe''i

9. En'i44o Fe''i

he focused his study on the influences of 3s4)o$o#i4!$ f!4to's3s4)o$o#i4!$ f!4to's and so4io$o#iso4io$o#i4!$ 4!$ f!4to'sf!4to's such as economics, on crimes.

Be believed that criminals could not be held morally responsible because they did not choose to commit crimes, but rather were driven to commit crimes by conditions in their lives.

. R!ff!e$$e G!'of!$$o . R!ff!e$$e G!'of!$$o

Be treated the roots of the criminals? behavior not to physical features but to their psychology e3uivalent, which he referred to as moral anomalies.

Be re;ected the doctrine of freewill.

#lassified criminals as 4urderers, >iolent #riminals, *eficient #riminals, and ascivious #riminals.

T)eo'ies of C'ie C!(s!tion T)eo'ies of C'ie C!(s!tion 1. *io$o#i4!$ T)eo'ies 1. *io$o#i4!$ T)eo'ies

this refers to the set of theories that point to physical, physiological and other natural factors as the causes for the commission of crimes of certain individuals.

This e"planation for the e"istence of criminal traits associates an individual?s evil disposition to physical disfigurement or impairment.

!.

!. P)sio#noP)sio#no 2 the study of facial features and their relation to human behavior. &. Gi!&i!tist! de$! Po't!Gi!&i!tist! de$! Po't!

o founder of human physiognomy

o according to him criminal behavior may be predicted based on facial features of the person.

. o)!nn !s3!' L!5!te'o)!nn !s3!' L!5!te'

o supported the belief of dela $orta

o he believed that a person?s character is revealed through his facial characteristics.

&.

&. P)P)'e'eno$no$o#o#, , C'!C'!nionio$o#$o#  o' C'!nio' C'!nios4os4o3o3 2 the study of the e"ternal formation of the skull in relation to the person?s personality and tendencies toward criminal behavior.

1.

1. F'F'!n!n> > osose3e3) G) G!$!$$$

he developed cranioscopy which was later renamed as phrenology. 9.

9. o)o)!nn !nn !!s3!s3!' S' S3('3('>)e>)eii

assistant of all in the study of phrenology.

he was the man most responsible for populariing and spreading phrenology to a wide audience

4.

4. P)P)ssioio$o$o# o' S# o' S oo!t!totot33ee 2 refers to the study of body build of a person in relation to his temperament and personality and the type of offense he is most prone to commit.

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d. d.

1.

1. E'E'nsnst t ''etets4s4))e'e'

he distinguished three (5) principal types of physi3ues8 asthenic, athletic, py$ni$ and dysplastic.

!

!.. !!sstt))eennii44 2 characteried as thin, small and weak. &

&.. !!tt))$$eettii44 2 muscular and strong. 4

4.. 33""nnii44 2 stout, round and fat. d.

d. ddss3$3$!!sstiti44 2 combination of two body types 9.

9. 7i7i$$iformulated his own group of somatotype8ectomorph, mesomorph and endomorph.$$i! ! He'He'&e'&e't St S)e)e$do$donn a. e4too'3)e4too'3) 2 tall and thin and less social and more intellectual than the other types. b. esoo'3)esoo'3) 2 have well<developed muscles and an athletic appearance.

c. endoo'3)endoo'3) 2 heavy builds and slow moving. d. He'edit

d. He'edit 2 the transmission of traits from parents to offspring. 1.

1. RiRi4)4)!'!'d Lo(d Lo(is D(is D(#d#d!$!$ee

- conducted a study of the %ukes family by researching their family tree as far back 99

years. Be discovered that most of the ascendants of the %ukes were criminals.

-9.

9. HeHen'n' G Gododd!d!'d'd

- he traced the descendants of the 4artin =allikak from each of his two wives and found a

distinct difference in termsof 3uality of lives of descendants. Be coined the term “ moron,%

.

. C)C)!'!'$e$es Gs Go'o'inin##

<< he believed that criminal traits can be passed from parents to offspring through the genes. << he proposed that individuals who possess criminal characteristics should be prohibited from having children.

Inte$$i#en4e !s ! F!4to' in C'iin!$it Inte$$i#en4e !s ! F!4to' in C'iin!$it

The classic studies of the %uke and =allikak families were among the first to show that feeblemindedness or low<intelligence can be inherited and transferred from one generation to the ne"t. Dumerous test were also conducted that lead to the development of the use of IH tests as a testing procedure for offenders. The very first results seemed to confirm that offenders had low mental abilities and they were found to be mentally impaired.

A$f'ed *inet

A$f'ed *inet 2 a 1rench psychologist who developed the first IH test.

< the test measured the capacity of individual children to perform tasks or solve problems in relation to the average capacity of their peers.

9. PSYCHOLOGICAL THEORIES 9. PSYCHOLOGICAL THEORIES

+efers to the theories that attribute criminal behavior of individuals to psychological factors, such as emotion and mental problems.

!.

!. SiSi##(n(nd Fd F'e'e(d(d

he is recognied as theFATHER OF PSYCHOANALYSISFATHER OF PSYCHOANALYSIS  known for his psychoanalytic theory

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 according to him, criminality is caused by the imbalance of the three (5) components of personality8 the id, the ego, and the superego.

 according to him there are three parts of personality*

a. IDID 2 this stands for instinctual drives@ it is governed by the -pleasure principle”@ the id impulses are not social and must be repressed or adapted so that they may become socially acceptable

b. EGOEGO 2 this is considered to be the sensible and responsible part of an individual?s personality and is governed by the -reality principle”@ it is developed early in life and compensates for the demands of the id by helping the individual guide his actions to remain within the boundaries of accepted social behavior@ it is the ob;ective, rational part of the personality

c. SUPEREGOSUPEREGO 2 serves as the moral conscience of an individual@ it is structured by what values were taught by the parents, the school and the community, as well as belief in od@ it is largely responsible for making a person follow the moral codes of society

8!'io(s St(dies of H(!n *e)!5io' !nd Mind in Re$!tion to t)e 4!(ses of 4'ies 8!'io(s St(dies of H(!n *e)!5io' !nd Mind in Re$!tion to t)e 4!(ses of 4'ies

7everal noted criminologist have advanced the theories that criminal behavior is

developed among individuals consonant with the development of his human mind, traits and behavior. Among them are8

&.

&. AICAICHORNHORN in his boo k entitled 7!7!%!%!'d Yo'd Yo(t),(t), &'0 said the cause of crime and delin3uency is the faulty development of the child during the first few years of his life. As child, the human being norma lly follow only his pleasure impulses instinctively. 7oon he grew up and finds some restrictions to this pleasure impulses which he must control. Ctherwise, he suffers from faulty ego development and become delin3uent.

4. A*RAHAMSEN

4. A*RAHAMSEN in his crime and the human mind, &'60 e"plained the causes of crime by this formula.

-#riminal behavior e3uals criminalistics tendencies plus crime inducing situation divided by the persons mental or emotional resistance to temptation.”

d.

d. CYCYRIRIL L *U*URTRT +Y+Yoo(n# (n# DeDe$in$in=(e=(ent, nt, 119-9-// gave the theory of general emotionally. According to him many offenses can be traced to either in e"cess or in a deficiency of a particular instinctive drive. An access of the submissive instinct account for the tendency of many criminals to be weak willed or easily led. 1ear and absconding may be due to the impulse of fear. #allous type of offenders may be due to the de ficiency in the primitive emotion of love and an e"cuse of the instinct of hate.

e.

e. HEALHEALYY +Indi5id(!$ De$in=(en4/+Indi5id(!$ De$in=(en4/ claimed that crime is an e"pression of the mental content of the individual. 1rustration of the individual causes emotional discomfort@ personality demands removal of the pain and the pain is eliminated by substitute behavior, that is, crime delin3uency of the individual.

f. *ROM*ERG

f. *ROM*ERG +C'ie !nd t)e Mind, 1?/+C'ie !nd t)e Mind, 1?/ claimed that criminality is the result of the emotional immaturity person is emotionally matured when he has learned to control his emotion effectively and who lives at peace with himself and in harmony with the standards of conduct which are acceptable to the society. An emotionally immature person rebel against rules and regulations, tend to engage in unusual activities and e"perience a feeling of guilt due to inferiority comple".

. So4io$o#i4!$ T)eo'ies

. So4io$o#i4!$ T)eo'ies sociological factors refer to things, places and people with whom we come in contact with and which play a part in determining our actions and conduct. These causes may bring about the development of criminal behavior.

!.

!. EEi$i$e D(e D('"'")e)eii

o he stated that crime is a normal part of the society ;ust like birth and death. o proposed the concept of 0!0!nonoiie2e2 or the absence of social norms . It is

characteried by disorder due to lack of common values shared by individuals, lack of respect for authority and lack of appreciation for what is acceptable and not acceptable in a society.

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&.

&. G!G!&'&'ieie$ $ TT!!'d'dee

o introduced the t)eo' of iit!tiont)eo' of iit!tion which proposes the process by which people

become criminals.

o according to this theory, individuals imitate the behavior of other individuals based

on the degree of their association with other individuals and it is inferior or weak who tend to imitate the superior and strong.

4.

4. Ado$Ado$3)e 3)e (ete(ete$et !$et !nd And And'e Mnd'e Mi4)!i4)!e$ G(e$ G(e''e''

Be repudiated the free will doctrine of the classicists  founder of cartographic school of criminology.  founder of moral statistics.

cartographic school of criminology made use of statistical data such as population, age, gender, occupation, religious affiliations and social economic status and studies their influences and relationship to criminality.

Mode'n So4io$o#i4!$ T)eo'ies of C'ie C!(s!tion Mode'n So4io$o#i4!$ T)eo'ies of C'ie C!(s!tion

!nvironmental factors such as the kind of rearing or family upbringing, 3uality of teaching in school, influences of peers and friends, conditions of the neighborhood, and economic and other societal factors are believed to be contributory to crime and criminal behavior.

1.

1. SoSo4i4i!$ !$ StSt'('(4t4t('('e e T)T)eoeo'i'ieses

refers not only to the physical features of the communities but also to the way society is organied.

include such things as level of poverty and unemployment and the amount of crowded housing which are believed to affect behavior and attitudes of individuals which in turn contribute to their commission of crimes.

also called social environment

includes social disorgani+ation theory, strain theory and cultural deviance theory. !.

!. SoSo4i!4i!$ Dis$ Diso'#o'#!n!ni>!i>!tiotion T)en T)eo'o'

popularied by C$iffo'd S)!% !nd Hen' M4!.C$iffo'd S)!% !nd Hen' M4!.

according to this theory, crimes in urban areas are more prevalent because residents have impersonal relationships with each other.

increase in the number of broken families and single parenthood are also very common in disorganied communities.

another feature of disorganied community is poverty as evidenced by poor living conditions such as rundown houses, unsanitary and unsightly streets and high unemployment rates. &.

&. StSt'!'!in in TT)e)eo'o'

strain refers the individual?s frustration, anger and resentment

by Ro&e't Me'tonRo&e't Me'ton. This theory holds that crime is a function of the conflict between the goals people have and the means they can use to legally obtain them. This also argues that the ability to obtain these goals is class dependent@ members of the lower class are unable to achieve these goals which come easily to those belonging to the upper class. #onse3uently, they feel anger, frustration and resentment, referred to as 7T+AID.

4.

4. C($C($t('t('!$ !$ DeDe5i!5i!n4n4e Te T)e)eo'o'

#ombination of 7ocial disorganiation and strain theory byA$&e't Co)enA$&e't Co)en  gives emphasis on the concept of culture and sub<culture.

according to this theory, because people in the lower class feel isolated due to e"treme deprivation or poverty, they tend to create a sub<culture with its own set of rules and values. This is characteried by deviant behavior which results in criminal behavior among its members.

. SOCIAL PROCESS THEORYSOCIAL PROCESS THEORY

refers to a group of theories which point to the individual?s socialiation process as the cause for the commission of crimes. These theories cite interaction with people and e"periences and e"posure to different element in the environment as primary factors to criminality.

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under this theory is the so4i!$ $e!'nin# t)eo'so4i!$ $e!'nin# t)eo' which in turn has three (5) sub<theories8 differential association theory, differential reinforcement theory and neutrali+ation theory . !.

!. DifDiffe'fe'ententi!$ Ai!$ Assosso4i!4i!tiotion T)eon T)eo''  formulated by Ed%in S(t)e'$!nd Ed%in S(t)e'$!nd

this theory states that criminal behavior is learned through socialiation.

criminal behavior is learned in interaction with other persons in a process of communication.

&.

&. DiffeDiffe'ent'enti!$ i!$ ReinReinfo'4fo'4eeeent nt T)eoT)eo''

according to this theory, individual?s behavior depends on how people around him react toward s his behavior.

an act that is rewarded is repeated@ an act that is punished will be avoided. 4. Ne(t'!$i>!tion T)eo'

4. Ne(t'!$i>!tion T)eo'

introduced by D!5id M!t>! !nd G'es)! S"es.D!5id M!t>! !nd G'es)! S"es. sometimes referred to as -drift theory!

according to this theory, people know when they are doing something wrong, however, they rationalie and ;ustify their actions. This rationaliing is what we called “neutrali+ation”.

5. SOCIAL REACTION THEORYSOCIAL REACTION THEORY

more commonly called$!&e$in# t)eo'.$!&e$in# t)eo'.

it states that people become criminals when significant members of society label them as such and they accept those labels as a personal identity.

6. SOCIAL CONTROL THEORIESSOCIAL CONTROL THEORIES

maintain that everyone has the potential to become criminal but most people are controlled by their bonds to society.

social control refers to the agencies of social control such as family, school, religion or church, government and laws and other identified authorities in society.

there are two () sub<theories84ont!inent t)eo'4ont!inent t)eo'and so4i!$ &ond t)eo'. so4i!$ &ond t)eo'. !.

!. CoContnt!i!innenent Tt T)e)eo'o'

proposed by 7!$te' Re4"$ess7!$te' Re4"$ess

he stated that inner and outer containments help prevent ;uvenile offending.

containment means the forces within and outside the individual that has the power to influence his actions.

inner containments include positive self<concept, tolerance for frustration and an ability to set realistic goals.

outer containments include family. &. So4i!$ *ond T)eo'

&. So4i!$ *ond T)eo'

propagated by T'!5is Hi's4)iT'!5is Hi's4)i

this theory views crime as a result of individuals with weakened bonds to social institutions.

four (6) elements of social bonds8 1. !tt!4)ent

1. !tt!4)ent 2 refers to the degree to which an individual care about the opinions of others.

9. 4oitent

9. 4oitent 2 refers to an individual?s investment of enrgy and emotion in conventional pursuits, such as getting good grades. . in5o$5eent

. in5o$5eent 2 refers to the amount of time an individual spends on a conventional pursuit.

. &e$ief

. &e$ief 2 refers to acceptance of the norms of conventional society. CRIME

CRIME STASTATISTICSTISTICS

refers to the measure of the level or amount of crimes.

The collection or study of numerical data of crimes recordedreported to the police. it uses the terms inde" crimes and non<inde" crimes in classifying crimes.

9 C$!ssifi4!tion of C'ies !44o'din# to C'ie st!tisti4s: 9 C$!ssifi4!tion of C'ies !44o'din# to C'ie st!tisti4s:

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a. Inde; 4'iesInde; 4'ies are crimes which are sufficiently significant and which occur with sufficient regularity to be meaningful, such as murder, homicide, physical in;ury, robbery, theft, car napping and rape. b. Non<inde; 4'iesNon<inde; 4'ies are crimes that are not classified as inde" crimes. >iolations of special laws and

other crimes against moral and order. These crimes are generated from the result of positive police initiated operations.

St!tisti4!$ Fo'($!: St!tisti4!$ Fo'($!:

&. C'ie So$(tion Effi4ien4 +CSE/C'ie So$(tion Effi4ien4 +CSE/ 2 percentage of solved cases out of the total number of reported crime incidents handled by the police for a given period of time. It is a general measure of law enforcement agency?s investigative capability or efficiency.

1ormula8

#7! J

No. of Solved Cases

¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿

{

¿ ¿¿

Total No . of ReportedCases

}

X

100

. C'ie R!teC'ie R!te 2 the number of incidents in a given period of time for every &99, 999 inhabitants of an areaplace. 1ormula8 #+ J

Crime Volume

¿ ¿ ¿ ¿ ¿ ¿ ¿

{

¿ ¿¿

}

X

100, 000

5. A5e'!#e Mont)$ C'ie R!te +AMCR/A5e'!#e Mont)$ C'ie R!te +AMCR/ 2 the average number of crime incidents occurred per month for every &99, 999 inhabitants in a certain area.

1ormula8 A4#+ J CrimeVolume ¿ ¿ ¿ ¿

{

¿ ¿¿ Population

}

X 100, 000÷ no. of months

6. 8!'i!n4e +o'  4)!n#e/8!'i!n4e +o'  4)!n#e/ 2 one way of analying crime trends. It measures the percentage change over a given period of time.

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J

Current data− previous data

¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿

{

¿ ¿¿data

}

X 100 -.

-. C'C'iie Ane An!$!$sisiss !.

!. Pe'Pe'4ent4ent!#e S)!#e S)!'e of C'!'e of C'ie 8ie 8o$o$(e of ! Ce(e of ! Ce't!i't!in A'en A'e!! 1ormula8

 

Crime volume of a certain area

¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿

{

¿ ¿¿CrimeVolume Nationwide

}

X 100 &.

&. Pe'Pe'4ent4ent!#e S)!#e S)!'e of t)e O!'e of t)e O44(44(''en''en4e of ! T4e of ! T3e of C'i3e of C'iee 1ormula8

Totalnumber of occurences of a type of crime

¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿

{

¿ ¿¿

CrimeVolume Nationwide

}

X

100

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(29)

C

COORRRREECCTTIIOONNSS CCOOUURRTT

T)'ee Pi$$!'s of t)e Ae'i4!n C'iin!$ (sti4e Sste T)'ee Pi$$!'s of t)e Ae'i4!n C'iin!$ (sti4e Sste a. aw !nforcement

b. #ourts c. #orrections

C'iin!$ L!% !nd t)e C'iin!$ (sti4e Sste C'iin!$ L!% !nd t)e C'iin!$ (sti4e Sste *!sis of t)e C'iin!$ (sti4e Sste

*!sis of t)e C'iin!$ (sti4e Sste

o #riminal aw is the basis that takes place in the #riminal %ustice 7ystem.

o Cnly violations of #riminal aw are being considered and processed in the #riminal %ustice

7ystem. Ehere no violation of #riminal aw or where no commission of the crime, in general, #riminal %ustice as a process will not operate.

C'iin!$ L!% C'iin!$ L!%

ranch of public, which defines crimes, treats of their nature, and provides for their punishment. T%o C$!ssifi4!tion Of C'iin!$ L!%

T%o C$!ssifi4!tion Of C'iin!$ L!% a. S(&st!nti5eS(&st!nti5e

*efines the elements that are necessary for an act to constitute as a crime and therefore punishable.

b. P'o4ed('!$P'o4ed('!$

+efers to a statute that provides procedures appropriate for the enforcement of the 7ubstantive #riminal aw.

T%o *!si4 P'in4i3$es of C'iin!$ L!% in t)e Adinist'!tion of t)e C'iin!$ (sti4e Sste in t)e T%o *!si4 P'in4i3$es of C'iin!$ L!% in t)e Adinist'!tion of t)e C'iin!$ (sti4e Sste in t)e P)i$i33ines

P)i$i33ines

&. 1irst is the -pres umption of innocence”. This means that those who are accused of crimes are considered innocent until proven guilty. The accused is entitled to all the rights of the citiens until the accused?s guilt has been determined by the court of law or by the accused?s acknowledgment of his guilt that he or she indeed committed the crime.

. The second principle is -the burd en of proof” which in criminal cases means that the government must prove beyond -reasonable doubt” that the suspect committed the crime Con4e3t of t)e P'in4i3$e of t)e P'es(3tion of Inno4en4e

Con4e3t of t)e P'in4i3$e of t)e P'es(3tion of Inno4en4e

Do less than the #onstitution of the $hilippines provides that an accused shall be presumed innocent until proven guilty.

Con4e3t of P'oof &eond Re!son!&$e Do(&t Con4e3t of P'oof &eond Re!son!&$e Do(&t

In order to make sure that only those who are guilty of the crime as punished, our +ules on !vidence provides that the evidence, in order to be sufficient to convict an accused for a criminal act, proof beyond reasonable doubt is necessary. Fnless his guilt is shown beyond reasonable doubt, he is entitled to an ac3uittal.

Me!nin# of P'oof &eond Re!son!&$e Do(&t Me!nin# of P'oof &eond Re!son!&$e Do(&t

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$roof beyond reasonable doubt does not mean such a degree of proof as, e"cluding the possibility of error, produces absolute certainty. 4oral certainty is only re3uired, or that degree of proof which produces conviction in an unpre;udiced mind.

C'iin!$ in Re$!tion to C'iin!$ (sti4e Sste C'iin!$ in Re$!tion to C'iin!$ (sti4e Sste

The criminal is the main character of the #riminal %ustice 7ystem. C'iin!$ ! &e defined in t)'ee diffe'ent 5ie%s:

C'iin!$ ! &e defined in t)'ee diffe'ent 5ie%s:

&. In C'iino$o#i4!$ senseIn C'iino$o#i4!$ sense, a person may be considered as a criminal from the time he or she committed the crime regardless whether or not it has been reported to the $olice for investigation. . In $e#!$ senseIn $e#!$ sense, a person may be considered a criminal only upon undergoing the ;udicial process

and upon determination by the #ourt that he or she is guilty beyond reasonable doubt.

5. In C'iin!$ (sti4e In C'iin!$ (sti4e sensesense, a criminal may be defined as one who has undergone the process and went through all the pillars of the #riminal %ustice 7ystem

Fo(' E$eents of (sti4e in O'de' t)!t (sti4e ! &e Dis3ensed of A&so$(te$ Fo(' E$eents of (sti4e in O'de' t)!t (sti4e ! &e Dis3ensed of A&so$(te$

a. The absolute ability to identify the law violator b. The absolute ability to apprehend law violator c. The absolute ability to punish law violator

d. The absolute ability to identify the intent of the law violator.

Fo(' T3es of Mist!"es t)!t 4!n )!33en %)en So4iet Atte3ts To Adiniste' (sti4e: Fo(' T3es of Mist!"es t)!t 4!n )!33en %)en So4iet Atte3ts To Adiniste' (sti4e: &. The innocent is punished

. The guilty escapes punishment

5. The guilty are punished more severely than necessary@ 6. The guilty are punished less severely than necessary P)i$i33ine C'iin!$ (sti4e Sste Settin#:

P)i$i33ine C'iin!$ (sti4e Sste Settin#:

a. The aw !nforcement, particularly the $hilippine Dational $olice ($D$) is under the *epartment of the Interior and ocal overnment (*I)@ while the Dational ureau of Investigation is an agency attached to the *epartment of %ustice (*C%).

b. The $rosecution 7ervice is under the *C%, while the C4 F*74AD is a #onstitutional body independent from even the three ma;or and co e3ual branch of the government@

c. The #our ts, meaning the regu lar civil courts, including the 7AD*IADAKAD and 7pecial #riminal #ourts, are under the 7upervision and control of 7upreme #ourts. Although, ;udges of the 4unicipal Trial #ourts, 4unicipal #ircuit Trial #ourts, at times are tasked to perform e"ecutive functions when they are conducting $reliminary Investigation which is primarily an !"ecutive function.

6. The #orrectional Institutions are either under the *C% or *I.

o The ureau of $rison or the Dational $enitentiary is under the *C%@

o y virtue of +A :'0, the ureau of %ail 4anagement and $enology (%4$) is in charge of

the #ity or 4unicipal %ails while the $rovincial government is in charge of the $rovincial ;ails. oth are under the *I.

P('3oses o' Go!$s of C'iin!$ (sti4e Sste P('3oses o' Go!$s of C'iin!$ (sti4e Sste &. P'i!' Go!$sP'i!' Go!$s

&. 4aintenance of peace and order . $rotect members of the society 9

9.. SSee44oonndd!!''  GGoo!!$$s s oo' ' SS((&&<<GGoo!!$$ss &. $revention of crime

. The review of the legality of preventive and suppressive measures. 5. The ;udicial determination of guilt or innocent of those apprehended.

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6. The proper disposition of those who have been legally found guilty.

0. The correction by socially approved means of the behavior of those who violate the criminal law.

:. The suppression of criminal cond uct by apprehending offenders for whom prevention is ineffective.

T)e P)i$oso3)ies &e)ind t)e C'iin!$ (sti4e Sste T)e P)i$oso3)ies &e)ind t)e C'iin!$ (sti4e Sste &. T)e Ad5e's!'i!$ A33'o!4)T)e Ad5e's!'i!$ A33'o!4)

The adversarial approach assumes inno4en4einno4en4e. The prosecutor representing the 7tate must prove the guilt. The adversary approach re3uires that the proper procedures are followed, procedures designed to protect the rights of the accused.

The adversary system embodies the basic concept of e3ual protection and due process. These concepts are necessary in order to create a system in which the accused has a fair chance against the tremendous powers of the prosecutors and the resources of the 7tate.

9. T)e In=(isito'i!$ !33'o!4): 9. T)e In=(isito'i!$ !33'o!4):

The in3uisitorial system assumes guilt@ the accused must prove that they are innocent. The in3uisitorial approach places a greater emphasis on conviction rather than on the process by which the conviction is secured.

T)e 3)i$oso3) !do3ted in o(' C'iin!$ (sti4e Sste is t)e Ad5e's!'i!$ A33'o!4). T)e 3)i$oso3) !do3ted in o(' C'iin!$ (sti4e Sste is t)e Ad5e's!'i!$ A33'o!4). Con4e3t of D(e P'o4ess of L!%

Con4e3t of D(e P'o4ess of L!%

The concept of due process means that those who are accused of the crimes and those who are processed through the #riminal %ustice 7ystem must be given the basic rights guaranteed by the #onstitution.

#riminal due process re3uires that the accused be tried by an impartial and competent court in accordance with the procedure prescribed by law and with proper observance of all the rights accorded to him under the #onstitution and applicable statute.

Con4e3t of E=(!$ P'ote4tion Con4e3t of E=(!$ P'ote4tion

The e3ual protection clause in essence declares that the state may not attempt to create or enforce statutes against a person solely because of specific characteristics such as race, age or se" I. L!% Enfo'4eent

I. L!% Enfo'4eent 2 The 1irst $illar in the administration of the #riminal %ustice 7ystem L!% Enfo'4eent in 'e$!tion to CS

L!% Enfo'4eent in 'e$!tion to CS

The aw !nforcement as the first pillar is considered to be the -initiator” or the -prime mover” of the #riminal %ustice 7ystem. It is considered as -the initiator of the actions” that other pillars must act upon to attain its goal or ob;ective.

E;!3$es of 3o$i4e initi!tin# !4tion: E;!3$es of 3o$i4e initi!tin# !4tion: a. effecting an Arrest

b. $atrol

c. #rime investigation

T)e Gene'!$ F(n4tions of t)e L!% Enfo'4eent in Re$!tion to t)e Adinist'!tion of t)e CS T)e Gene'!$ F(n4tions of t)e L!% Enfo'4eent in Re$!tion to t)e Adinist'!tion of t)e CS

a. To prevent criminal behavior. b. To reduce crime.

c. To apprehend and arrest offenders. d. To protect the life and property. e. To regulate non<criminal conduct. PHILIPPINE NATIONAL POLICE PHILIPPINE NATIONAL POLICE

- organied pursuant to +A :'0, as amended by +A /00&

PERTINENT LA7S ON PNP: PERTINENT LA7S ON PNP:

RA

@-RA @- < -*I Act of &''9” < Approved on *ec &5, &''9 RA ?--1

RA ?--1 < -$D$ +eform and +eorganiation Act of &''/.  Approved on 1ebruary 0, &''/.

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RA RA @?@? < -An Act e"tending for 0 years the reglementary period for complying the minimum educational 3ualification for appointment to the $D$ and ad;usting the promotion system thereof”. Approved on August &, 99'

The $hilippine Dational $olice is a law enforcement agency under the *I. It is under administrative control and operational supervision of the Dational $olice #ommission. It is an organiation that is n!tion!$ in s4o3e !nd 4i5i$i!n in 4)!'!4te' n!tion!$ in s4o3e !nd 4i5i$i!n in 4)!'!4te' , as provided by Se4tion , A'ti4$e 1 of t)e 1?@Se4tion , A'ti4$e 1 of t)e 1?@ P)i$i33in

P)i$i33ine e Constit(tion:Constit(tion:

“#he state shall establish and maintain one police force which shall be national in scope and ci+ilian in c&aracter1,

<headed by the C)ief, PNPC)ief, PNP, with the '!n" of Di'e4to' Gene'!$'!n" of Di'e4to' Gene'!$, !33o!33ointed & inted & t)e P'esit)e P'esident !nddent !nd who shall serve a te' of offi4e of fo(' +/ te' of offi4e of fo(' +/ e!'s.e!'s.

N!tion!$ in S4o3e N!tion!$ in S4o3e

means that the $D$ is a nationwide government organiation whose ;urisdiction covers the entire breadth of the $hilippine archipelago.

all uniformed and non<uniformed personnel of the $D$ are national government employees.

CI8ILIAN IN CHARACTER CI8ILIAN IN CHARACTER

4eans that that the $D$ is not a part of the military, although it retains some military attributes such as discipline.

Po%e's !nd F(n4tions of T)e PNP Po%e's !nd F(n4tions of T)e PNP

!nforce all laws and ordinances relative to the protection of lives and properties@4aintain peace and order and take all necessary steps to ensure public safety@

Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to ;ustice and assist in their prosecution@

!"ercise the general powers to make arrest, search and seiure in accordance with the #onstitution and pertinent laws@

*etain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the #onstitution@

Issue licenses for the possession of firearms and e"plosives in accordance with law@

7upervise and control the training and operations of security agencies and issue licenses to operate security agencies and to security guards and private detectives, for the purpose of their professions. N!tion!$ *('e!( of In5esti#!tion

N!tion!$ *('e!( of In5esti#!tion

<The Dational ureau of Investigation (DI) saw its inception on Dovember &5, &'5: uponapproval of #ommonwealth Act Do. &/& by the legislature

<Tasked with organiing a *ivision of Investigation or *I patterned after the Fnited 7tates 1ederal ureau of Investigation were Thomas *ugan, a veteran American police captain from the Dew Kork $olice *epartment and 1laviano #. uerrero, the only 1ilipino member of the Fnited 7tates 1ederal ureau of Investigation.

<Cn %une &', &'6, by virtue of +epublic Act Do. &0, it was reorganied into the ureau of Investigation. ater, it was amended by !"ecutive Crder Do. '6 issued on Cctober 6, &'6 renaming it to what it is presently known, the Dational ureau of Investigation (DI).

<The DI is a government entity that is civilian in character, and national in scope which is under the *epartment of %ustice.

F(n4tions of t)e N*I F(n4tions of t)e N*I

a. Investigate crimes and other offenses against the laws of the $hilip pines, both on its own initiative and as public interest may re3uire@

b. Assist, when officially re3uested in the investigation or detection of crime s and other offenses@

c. Act as national clearing house of criminal records and other information for use of all prosecuting and law enforcement entities in the $hilippines, of identification records of identifying marks, characteristics and ownership or possession of all firearms and test bullets fired there from@

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Co(nit Co(nit

< refers to the civilian populace or the public in general, and shall be used interchangeably with the terms, public, citienry, society and private sector

< a body of people organied into political, municipal or social unity or a body of persons living in the same locality

< derived from the atin words,communis, which means common, andtatis which means fellowship

Po$i4e<Co(nit Re$!tions Po$i4e<Co(nit Re$!tions

< the sum total of the dealings between the police and the people it serves, and whose goodwill and cooperation it craves, for the greatest possible efficiency in the service

< refers to the reciprocal attitudes of the police and the community

P(&$i4 Re$!tions P(&$i4 Re$!tions

< the act of bringing about better understanding, confidence and acceptance for an individual or an organiation

Po$i4e P(&$i4 Re$!tions Po$i4e P(&$i4 Re$!tions

< the continuing process by which endeavors are made to obtain the goodwill and cooperation of the public for effective enforcement of the law and accomplishment of the police purposes

H(!n Re$!tions H(!n Re$!tions

< consist of the fundamental rules both moral and legal, which govern the relationship of men in all aspects of life

Medi!M!ss Medi! Medi!M!ss Medi!

< the channels through which information is disseminated to the public < may be in the form of television, movies, radio or newspaper, and the like

P'o3!#!nd! P'o3!#!nd!

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< the planned use of mass communication for public purpose

Po$i4e P(&$i4 I!#e Po$i4e P(&$i4 I!#e

< refers to how the people in the community perceive or regard the police

P'in4i3$es of Po$i4in# & Si' Ro&e't Pee$ P'in4i3$es of Po$i4in# & Si' Ro&e't Pee$

a. The basic mission for which police e"ist is to prevent crime and disorder as an alternative to the repression of crime and disorder by military force and severity of legal punishment.

b. The ability of the police to perform their duties is dependent upon public approval of police e"istence, actions, and behavior and the ability of the police to secure and maintain public respect.

c. The police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain public respect.

d. The degree of the cooperation of the public that can be secured diminishes proportionately the necessity for the use of physical force and the compulsion in achieving police ob;ectives. e. The police seek and preserve public favor, not by catering to public opinion, but by constantly

demonstrating absolutely impartial service to the law, in complete independence of policy, and without regard to the ;ustice or in;ustice of the substance of individual laws@ by ready offering of individual service and friendship to all members of society without regard to their race or social standing, by ready e"ercise of courtesy and friendly good humor, and by ready offering of individual sacrifice in protecting and preserving life.

f. The police should use physical force to the e"tent necessary to secure observance of the law or to restore order only when the e"ercise of persuasion, advice and warning is found to be insufficient to achieve police ob;ectives@ and police should use only the minimum degree of physical force that is necessary on any particular occasion for achieving police ob;ectives.

g. The police at all times should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police@ the police are only members of the public who are paid to give full<time attention to duties that are incumbent on every citien in the intent of community welfare.

h. The police should always direct their actions toward their functions and never appear to usurp the powers of the ;udiciary by avenging individuals or the state, or authoritatively ;udging guilt or punishing the guilty.

i. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with them.

Fo(nd!tion of Co(nit Re$!tions Fo(nd!tion of Co(nit Re$!tions

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Re=(i'eents fo' Good Co(nit Re$!tions Re=(i'eents fo' Good Co(nit Re$!tions

&) 7incerity in serving the public ) 1ull knowledge of the ;ob

5) *eep conviction in the mobility of his work as a necessary service to promote individual or national welfare

6) 7ound police ethics

0) Bigh standard of management and operation

T)'ee +/ As3e4ts of Po$i4e<Co(nit Re$!tions T)'ee +/ As3e4ts of Po$i4e<Co(nit Re$!tions

1/

1/ COMMUCOMMUNITY NITY SER8ICESER8ICE

< activities that provide service to the community

may be in the form of medical<dental mission, sports clinic, feeding programs, seminars, etc

9/

9/ COMMUCOMMUNITY NITY PARTICIPATPARTICIPATIONION

< involvement of the community in the various social pro;ects, particularly, in the area of crime prevention

< awareness of the community of their role in crime prevention

/

/ PU*LIPU*LIC C RELATIONSRELATIONS

< activities directed at creating and maintaining favorable impressions to the public < pro;ection of the police public image to the people to gain their support and cooperation

O&e4ti5es of Po$i4e<Co(nit Re$!tions O&e4ti5es of Po$i4e<Co(nit Re$!tions

&) To maintain and develop the goodwill and confidence of the community for the police@ ) To obtain cooperation and assistance@

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c. Be shall be alert to safeguard the community against loss and damages to properties and possible death, in the events of calamity@

d. Be shall render possible assistance, especially to the men folk in enabling them to obtain the means of productive endeavors and discourage them from loitering in the street or engaging uneconomic activities, such as illegal gambling and others

Me!s('es To En)!n4e Po$i4e P(&$i4 I!#e Me!s('es To En)!n4e Po$i4e P(&$i4 I!#e

a. increased police visibility through the dispersal of personnel from the head3uarters to the field offices@

b. efficient and optimied delivery of police services to the communities@

c. constant dialogue and meetings with the barangay officials in their respective territorial ;urisdictions@

d. #ommunity service<oriented policing by conducting seminars for the traffic aides, police aides and the barangay tanod@ and

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Figure

Updating...

References

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