Topic What I have learned? Important terms (to be My questions?

defined based on the

module)

1. Pre-classical I learned that religion has 1. Demonological 1. Although these

Theories affected many affects Theory- believes that preceding theories
during early times, to the crime is a work of an are already
point that their Criminal evil spirit. outdated and
Justice System is based 2. Divine Will Theory- irrational, is there a
on God’s jurisdiction. I get God is the one who chance that these
why it was concluded as punishes mankind. theories are still
illogical. Religion should Therefore, God is the believed applicable
certainly not be a basis of jurisdiction. in the present time,
judgement due to its especially in the
irrationality. In judging a Catholic country of
crime, we need to be Philippines?
objective rather than
subjective about our 2. During this time,
personal beliefs. This do people firmly
erroneous system must believe that
have brought a lot of criminals have no
dilemmas and prejudices chance of
during old times. renewing their life
to become a good
and decent
person?

2. Philippine I learned that our Criminal 3. Spanish Codigo 1. Is our criminal

Criminal Law Law used to be classical Penal- this written law has law much harsher
in nature because its many classical influences than any other
foundation is the Spanish from the French Code. It classical criminal
Codigo Penal from the was made effective in the laws around the
colony, which is also Philippines during the world?
classical in nature. Spanish period.
Seeing this, I appreciated 2. What are many
the reason why some of 4. Revised Penal Code- other countries
our punishments are is the codified criminal law with criminal laws
harsh, given the kind of we use in Philippines. Its that are also
chaotic and stubborn core foundation is the classical in nature?
society we have today. Spanish Codigo Penal
Although it’s also nice to which is classical in
see that the current nature. Therefore,
revised penal code is Philippine Criminal Law
already modified with covers many classical
some special sanctions components.
that improves our justice
system.

3. Social I learned that submission [Link] Contract 1. With the

 Contract of citizens to the law is an Theory- believes that the government today,
essential aspect in government is needed to is our social
promoting peace and have peace and order. In contract fair and
order. But it should be in this case, man square for the
a lawful in accordance to hypothetically surrendered citizens and
the social contract of just their rights for peace & authorities?
implementations, and order.
authorities of the 2. Given that
government must not everyone submits
abuse their power. in the law, as
Authorized or not, we ordinary citizens,
must all equally submit to how can we see if
the written laws. higher authorities
are abusing their
power?

1. In the
4. Classical I learned that law is harsh 6. Classical Theory- Philippines, who
Criminology at some point, that there’s hold that decisions to are the past
nothing we can do about violate the law are presidents in favor
it. Its toughness is weighed against possible of the classical
actually what makes the punishment & to deter school?
law effective, rather than crime, the pain of
criminals taking punishment must 2. Since Filipinos
advantage of outweigh the benefit of are known to be
considerations and light illegal gain. Legal reform stubborn and
penalties. It’s for rather than crime undisciplined, what
regulatory purposes and causation. is the best
the betterment of our deterrence
society. Now, I can’t 7. Deterrence- is the
mode of punishment. technique we can
imagine a world without implement for
fear of law because it people to
would probably be constantly fear
chaotic. violating the law?
This proponent taught me 8. Cesare Marchese 1. What will
5. Cesare a lot of things. One of (Marquis) de Bonesana happen to us if the
Beccaria which is about the de Beccaria- Father of laws are not
importance of Classical Criminology published at all,
proportionality in the law 9. “On Crimes and and we merely use
to have a good justice Punishments” (Dei Deliti common law as the
system. He also justified Y Della Poena)- a book basis for
why the law should be he wrote, explaining the everything?
published as an available reasons of crime and
source for everyone, and punishment with the 2. Are the laws in
that it is our right to have following assumptions in the Philippines
equal access with his study: proportional
regards to this public a. Only the Law can enough?
document. More prescribe punishments.
importantly, he also The Legislators are tasked 3. Are our jails of
exemplified the in creating and revising today humane
 importance of legislates laws, while the judge enough and good
as law-making bodies should follow what exactly as penalizing
and judges as the law said upon his facilities?
interpreters of the law. verdict.
b. The law should equally
apply to everyone.
c. The law should be
published as an available
resource.
d. Jails should be more
humane.
e. Law should follow this
principle:
10. Principle of
Proportionality- the
punishment of a certain
crime should be in
proportion to the severity
of the crime itself.
Through this theory, I 11. Theory of 1. What are the
6. Theory of realized why we should Utilitarianism- concept concrete examples
Utilitarianism struggle to be good which argues that people in our daily lives
people. It’s because weigh the benefits & when this theory is
every action we have can consequences of their being applicable in
greatly affect the future. I future action before our daily course of
also learned that our acts deciding on a course choosing right or
and intents should be for behavior. It is also a moral wrong?
the greater benefit of a about right or wrong &
greater number of people. how an institution should 2. What are the
behave & make decision. current happenings
Any act should achieve in our government
the greatest utility for the in which this theory
greatest number of is applicable?
people.
Through this theory which Exceptions beyond 1. It was
7. Neo-Classical was proposed by William intelligence: mentioned that a
School Blackstone, I learned that person cannot be
there are possibly 12. Insane- a mental insane 24/7. In the
exceptions in criminal defect or disease that Philippines, what is
liability. That makes makes it impossible for a the methodology of
sense because some of defendant to understand our Criminal
the commissions are their actions, or to Justice System in
beyond intelligence of understand that their investigating the
one person and shall be actions are wrong. Insane to prove
took under custody 13. Imbecile- showing that his
instead of punishment. mental feebleness or commission is
incapacity. guilty or not?
[Link]- below 15
years of age 2. What are the
15. Duress- threats, extensive actions
violence, constraints, or to be taken if a
 other action brought to child repetitively
bear on someone to do commits a certain
something against their crime?
will or better judgment.
Positivist school taught Factors Affecting
8. Italian me that crime is not just Positivism: 1. What are the
Positivist School crime. There are many [Link] concrete cases in
factors and past stories 17. Psychological the Philippines
as to why a person 18. Social Positivism when the crime is
commits a crime. It may committed due to
be hereditary, 19. Rehabilitation- widely heredity?
psychological, believed to be the suitable
or an effect of a social method in positive school 2. How are we able
environment in where the to help the criminal for his to properly deal
criminal used to grow. reformation. with criminals who
That’s why, further came from an
investigation in crimes is abusive childhood?
important and not just
simply convicting
someone without a
rational reason.
I learned that Lombroso 20. Atavistic Stigmata- 1. By any chance,
9. Atavistic once considered Atavistic Linguistically speaking, are our convicted
Stigmata characteristics, or the term atavism means criminals in the
physical attributes that 'evolutionary throwback.' Philippines also
criminals inherited from These physical traits were atavistic?
their ancestors. The correlated to earlier
concept is straightforward humans, long before 2. Is this study
towards the appearance humans learned that living considered ‘racist’
of a criminal which he together in societies was in our modern
assumes to be similar to beneficial to their survival. society?
a primitive man. But the The physical
way he related it to the characteristics, such as
theory of evolution of man flat noses, large lips,
can be the case for strong jawlines, and thick,
criminal behavior. coarse hair, were all
attributed to a person's
propensity to commit
crime because these
characteristics were noted
of persons who had
already been convicted of
crimes – specifically
prisoners.

Through this proponent, I 21. Enrico Ferri- an 1. In the

10. Enrico Ferri learned about the Italian criminologist. He Philippines, what
importance of social and was a positivist, who tried are the common
environmental conditions to study crime environmental
in committing a crime. scientifically He is a conditions which
 Certainly, majority of our student of Cesare makes criminality
criminals today are Lombroso. Ferri instead at its peak?
affected by various life focused on the role of
circumstances such as social and environmental 2. What are the
poverty, family conflict factors in crime. proper effective
and many more attributes measures for
constituting to their criminalities in
criminality. chaotic
environments
(slum areas) not to
worsen?
Through this proponent, I 22. Raffaele Garofalo- 1. Given that
11. Raffaele learned that some of the Italian jurist and criminality is about
Garofalo criminals manage to criminologist. He is lack of honesty,
contain their acts due to considered to be the most how can we
lack of pity and honesty. important follower of educate our
It is important to keep an Cesare Lombroso, who children to be
open-mind that such said that an act is honest and truthful
people exist due to considered a crime if it citizens?
various factors and life violates human nature.
circumstances. In this 2. How can be
case as ordinary citizens 23. Psychopath- discipline a
who regularly abides by described by Garofalo. criminal who lacks
the laws, we should According to him, this basic conscience
always exercise person is someone who and
conscience as a part of lacks: understanding?
our lives, because it a. Pity
keeps us aware of our b. Honesty
actions.
Types of Deterrence:
12. Deterrence I learned that Deterrence 24. General Deterrence- 1. In the war on
is not that bad and is punishment of delinquents drugs of
actually effective for & criminal offenders will Philippines, is
crime control and strike fear in the hearts of deterrence still an
prevention, so that people other people. effective way of
may fear the law and the 25. Specific Deterrence- controlling drugs,
consequences of punishment will strike fear given that it still
breaking it. It sets an in the hearts of exists up to this
example to everyone to wrongdoers themselves, day?
show that crime is a thus making them feel If not, how can we
distasteful thing to do in less likely to offend again. recover its
this world. Elements of Deterrence: deterrence or
26. Celerity- refers to how instillment of fear in
quickly the criminal is the law, especially
punished. in drug cases?
27. Certainty-refers to
how likely it is that an 2. What are the
individual will be caught or major side effects
punished. of promoting
28. Severity- refers to the deterrence in the
harshness of the society?
 punishment.
3. How does this
method affect
children’s mindset
towards crime in
the society?
I learned that the study of 29. Crime- a social
13. Rehabilitation crime is not only about phenomenon. It is a part 1. What is the rate
punishing criminals. In of human life or society. of successful
selected aspects, some man commits crime due to rehabilitation in the
crimes need rehabilitation reasons beyond his Philippines?
instead, to help them control/free will. Not all the
redevelop themselves as time, they commit 2. How can be
an effective member of because they want to. improve our
the society instead of 30. Rehabilitation- action rehabilitation
harshly punishing them of restoring someone to programs,
for something that is health or normal life especially that the
evitable. through training and crime of drugs is
therapy after the leading cases
imprisonment. in our country?

As what a popular quote 31. Panoptic Prison- 1. In real life where

14. Jeremy tells, ‘Masarap ang Invented in the 18th we are surrounded
Bentham Bawal’. century by English by fun things, how
Through this proponent, I philosopher and social can we manage to
learned that we, humans theorist Jeremy Bentham, get rid of the
have the freedom to the prison typology's core temptations of
choose between right or principle was monitoring ‘pleasure’ in our
wrong aka pleasure or the maximum number of daily course?
pain. We just need to prisoners with the
make sure that we know minimum number of 2. What are the
very well how to face the guards. The morphology concrete possible
consequences of our consisted of a circular ways in which we
actions. array of cells with a can be more
watchtower in the center tolerant to pain and
of the structure. suffering?
32. Hedonistic Calculus-
a theoretical algorithm of
an act’s value based on
two aspects:
a. Pleasure
b. Pain
Given these two, it is
believed that people
are given free will or
choice to choose
between the two. And
when they do, they
wanted to do it, and so
must be severely
punished.
 I learned through this 33. Cesare Lombroso- 1. Are
15. Cesare man that it’s okay to think Father of Modern physiognomy,
Lombroso beyond the box when it Criminology. He believes phrenology and
comes to theorizing about that criminals have certain eugenics still
criminal behavior. His characteristics physically applicable in our
theories may have been & mentally that resembles modern-day
strange for some people, a primitive man. (e.g. society? how?
but he is not the father of asymmetric face, large
modern criminology for jaw, arms extending to the 2. If we happen to
no reason. His works pelvis, glassy eyes, encounter a family
surely contributed to our epilepsy, flat nose) of criminals, how
criminal perspective 34. “The Criminal Man”- can we effectively
regardless of the different his writing which concerns deal with them
vies we have about criminal anthropology. without depriving
crime. their liberty and
Lombroso’s other studies: life?
He also pointed out that 35. Physiognomy- the
biological aspects may tudy of facial features in
also contribute to one’s relation to criminality.
criminality. If that’s the 36. Phrenology- the
case, we just have to study of head bumps in
make sure that we take relation to criminality.
the proper measures in 37. Eugenics- selective
handling these types of breeding/ racial
criminals if they still exist. purification