CRIM 1 – INTRODUCTION TO CRIMINOLOGY

Course Description

This course presents an overview of the different schools of thought in criminology;

theories that explain criminal behavior; techniques for measuring characteristics of
criminals, crime and victims; the interrelatedness of theory, policy, and practice in the
criminal justice system; and current issues and studies in criminology.

Course Objectives:

At the end of the course you should be able to:

1. Discuss criminology and describe the scopes involved in the study of criminology.

2. Identify the different schools of thought in criminology and explain the concept of
schools of thought in criminology.

3. Understand the four objects of interest in criminology (crime, criminals, criminal

behavior and victimology).

4. Remember and recall major concepts of the theories of crime causation.

5. Discuss the fundamentals of criminal law (sociology of law).

6. Understand the concept of penology, the goals of punishment as society’s response

to criminals, the ancient forms of punishment as well as the contemporary forms of
punishment.

7. Define victimology, differentiate the classes of victims based on their characteristics,

describe theories of victimization and explain the cause of victimization.

8. Familiarize themselves with basic terms in the criminology profession and understand
the concept of R.A. 11131 or otherwise known as The Philippine Criminology Profession
Act of 2018).
 Chapter 1

INTRODUCTION TO CRIMINOLOGY

Lesson 1: Introduction

Etymology of the word Criminology

The word “criminology” itself tells that it is essentially the study of crime. Criminology is
derived from the Latin word “crimen”, which means “accusation”, and the
transliterated Greek logia, which has come to denote “the study of”.

Criminology

Criminology is a noun (countable and uncountable, plural criminologies); it refers to the

study of crime and criminals, specially their behavior; the scientific study and
investigation of crime and criminals.

In 1885, Italian law professor Raffaele Garofalo coined the term “criminology” in Italian,
(criminologia). The French anthropologist Paul Topinard used it for the first time in
French (criminologie), around the same time.

Criminology Definitions:

Criminology according to Edwin Sutherland is the body of knowledge regarding crime

as a social phenomenon. It includes within its scope the process of making laws
(sociology of laws), of breaking laws (etiology of crimes), and of reacting toward the
breaking of laws (penology).

The objective of criminology is the development of a body of general and verified

principles and of other types of knowledge regarding the process of law, crime, and
treatment or prevention.

Criminology is the scientific study of crime, criminals, and criminal behavior.

Criminologists scientifically study of the following:

a. Nature and extent of crime;

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b. Patterns of criminality;

c. Explanations on the causes of crime and criminal behavior; and

d. The control of crime and criminal behavior.

Purposes of Criminology

The purposes of criminology are to offer well-researched and objective answers to four
basic questions:

1. Why do crime rates vary?

2. Why do individuals differ as to criminality?

3. Why there is variation in reactions to crime?

4. What are the possible means of controlling criminality?

Goals of Studying Criminology

The study of criminology seeks to achieve the following goals:

1. To describe criminal behavior;

2. To understand criminal behavior;

3. To predict criminal behavior; and

4. To control criminal behavior.

Nature of Criminology

Generally, criminology cannot be considered as science because it has not yet

acquired universal validity and acceptance, it is not stable and varies from one time
and place to another. However, considering that science is the systematic objectives
study of social phenomenon and the other bodies of knowledge, criminology is a
science in itself when applied to law enforcement and prevention of crimes under the
following nature:

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1. It is an APPLIED SCIENCE- in the study of crimes, anthropology, psychology, sociology
and other natural science may be applied while in crime detention chemistry,
medicine, physics, mathematics, dactyloscopy, ballistics, questioned document
examination is applied.

2. It is SOCIAL SCIENCE- in as much as crimes are a societal creation that exists in a

society; its study must be considered as part of social science.

3. It is DYNAMIC- criminology changes as social changes. It is concordant with the

advancement of other science that applied to it.

4. It is NATIONALISTIC- the study of crime must always in relation with the existing criminal
law with in the territory.

Areas of related to criminology are:

1. Study of law; 4.Education

2. Science, medicine, chemistry, and psychology; 5. Religion; and

3. Social work involving sociology and psychology; 6. Public administration.

The agencies involved with criminology are:

1. Legislative bodies;

2. Law enforcement agencies:

3. Court and prosecution pillars;

4. Educational Institutions;

5. Correctional Institutions;

6. Public charitable and social agencies; and

7. Public welfare agencies.

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Criminology in the Philippines

The first ever educational institution that offered the Criminology course was the
Philippine College of Criminology (PCCr), in Sta. Cruz, Manila, formerly known as Plaridel
College established in 1950 for scientific crime detection in the whole of Southeast Asia.
In the succeeding years, criminology course was offered by the University of Manila and
Abad Santos College, both in Metro Manila, University of Visayas in Cebu City, University
of Mindanao in Davao City and University of Baguio in Baguio City. However, at
present, most colleges and universities in the country offer a criminology course or
properly known as Criminal Justice Education course by virtue of CHED Memorandum
Order 21, Series of 2005.

The successful projects of Philippine Educators Association for Criminology Educators

(PEACE, January 13, 1983 to May 1987) are the following:

1. The first implementation of the first Criminologists Licensure Examination (CLE);

2. The recognition of the National Police Commission (NAPOLCOM) examination by the

Civil Service Commission as eligibility for employment in all other government civil
service positions;

3. The accreditation of participants in the Seminar/Workshop on Police Marksmanship

for instructional purposes in all criminology schools; and

4. The upliftment of criminology education in line with professionalization of the

country’s police service.

Lesson 2: Criminology, Criminal Justice and Criminalistics

A. Criminology

Criminology is the scientific study of crime as individual and social phenomenon. It is an

interdisciplinary field in the behavioural sciences, drawing especially on the research of
sociologists and psychologists, as well as on writings in law.

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Principal Divisions of Criminology

a. Criminal Etiology - the scientific analysis of the cause of crime.

b. Sociology of law - the study of law and its application.

c. Penology - the study that deals with punishment for crimes or of criminal
offenders.

B. Criminal Justice System

Criminal Justice refers to the system used by a government to maintain social control,
prevent crime, enforce laws, and administer justice. In the Philippine Criminal Justice
System (PCJS), Law Enforcement, Prosecution, Court, Correction and Community are
the primary agencies charged with these responsibilities. When processing the accused
through criminal justice system, government must keep within the framework of laws
that protect individual rights. The pursuit of criminal justice is, like all forms of “justice”,
“fairness” or “process”, essentially the pursuit of an ideal. In the United States, Law
enforcement, Court and Correction are the three pillars of their criminal justice.

The Concept of the Philippine Criminal Justice System

The prevention and control of crime and juvenile delinquency is not the sole
responsibility of the government, much less the agencies within the system. An idea of
systematic criminal justice planning could serve as an avenue for the development of
inter-agency coordination in the area of prevention and control of crime and
delinquency.

Philippine Criminal Justice System Operation includes, but is not limited to the following:

1. Preventing the commission of crimes;

2. Enforcing the law;

3. Protecting life, individual rights and property;

4. Removing the dangerous persons from the community;

5. Deterring people from indulging in criminal activities;

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6. Investigating, apprehending, prosecuting and imposing penalty upon those who
cannot be dissuaded from breaching the rules of society; and

7. Rehabilitating offenders and returning them to the community as law abiding and
useful citizens of the society.

C. Criminalistics

Criminology and Criminalistics are often mixed up. Comparatively speaking,

Criminology is the study of criminal people while criminalistics is the study of criminal
things or the sum total of the application of all sciences in crime detection. A criminal
commits crime by means of things of something he left at the crime scene. Those things
he used or that something he left at the crime scene which are the objects of
criminalistics are known as physical evidence. This physical evidence includes, but it is
not limited to the following: 1. Blood and blood stains; 2. Firearms and other deadly
weapons; 3. Fingerprints and footprints; and tool marks and many more.

Consequently, a CRIMINOLOGIST is any person who is a graduate of the Degree of

Criminology, who passes the examination for criminologists and is registered as such by
the Board of Examiners of the Professional Regulation Commission. The term
criminologist is one who has been engaged in the practice of criminology and if he
holds himself out to the public in any of the following capacities:

1. As a professor, instructor or teacher in criminology in any university, college or school

duly recognized by the government and teaches any of the following:

a. Law Enforcement

b. Criminalistics

c. Correctional Administration

d. Criminal Sociology and Applied Subjects

e. Other technical and specialized subjects in criminology curriculum provided by the

CHED.

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2. As a law enforcement administrator, executive, adviser, consultant or agent in any
government or private agency.

3. As a technician in dactyloscopy, ballistics, questioned document, police

photography, lie detection (polygraphy), forensic chemistry, and other aspects if crime
detection.

4. As a correctional administrator, executive, supervisor, worker or officer in any

correctional and penal institution.

5. As a counsellor, expert, adviser, researcher in any government or private agency or

any aspect of criminal research o project involving the causes of crime, juvenile
delinquency, treatment of offenders, police operations, law enforcement
administration, scientific criminal investigation or public welfare administration.

On the other hand, a criminalist is a person trained in forensic sciences; in the

application of instruments and methods for the detection of crime. Pieces of physical
evidence are variable. Some are visible; some are very small and have to be looked
into through a microscope. Some must be tested with the application of chemicals in
order to find out what they are. Some piece of physical evidence such as laten prints
are not visible and have to be dusted with powders or examined and searched with
special lights to visualize them. Hence, the aforesaid is tedious work of a criminalist.

Division of Criminalistics

There are six divisions of criminalistics. The first three belong to scientific and the other
three are technical. The following are:

1. Scientific – The scientific

a. Chemistry
b. Physics
c. Biology

2. Technical
a. Firearms Identification
b. Questioned Document Examination
c. Fingerprint Identification
d. Photography
e. Lie Detection (polygraphy)

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 Lesson 3: Schools of Taught of Criminology

A. The Classical School or Theory

The Classical “School” of criminology is broad label for a group of thinkers of crime and
punishment in the 18th and early 19th centuries.

Its most prominent members, Cesare Beccaria and Jeremy Bentham, shared the idea
that criminal behavior could be understood and controlled as an outcome of “human
nature” shared by all of us. Human beings were believed to be hedonistic, acting in
terms of their own self-interest but action was really in their self-interest.

Cesare Beccaria (Cesare Bonesara Marchese de Beccaria) with Jeremy Bentham

(1823) who proposed “Utilitarian Hedonism”, the theory, which explain that a person
always act in a such a way as to seek pleasure and avoid pain, became the main
advocates of the Classical School of Criminology.

In his “Essay on Crimes and Punishment”, Beccaria presented his key ideas of Classical
theory of moral creature with absolute free will to choose between good and evil
therefore there is placed upon the criminal himself, that every man is responsible for his
act.

Jeremy Bentham, another founding personality of the classical school, wrote in his
Introduction to the Principles of Morals and Legislation (1789) that “nature has placed
mankind under the governance of two sovereign masters, pain and pleasure. He
believed that people choose actions on the basis of whether they produce pleasure
and happiness rather than pain and unhappiness.

Freewill (Beccaria) – a philosophy advocating punishment severe enough for people to

choose, to avoid criminal acts. It includes the belief that a certain criminal act warrants
a certain punishment without any punishment without any variation.

Hedonism (Bentham) – the belief that people choose pleasure and avoid pain.

Classical School’s main principle is that, “Let the punishment fit the crime.”

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B. The Neo-Classical School or Theory

The criticisms against the classical school led to the foundation of the Neo-Classical
school of criminology. Under the neo-classical doctrine, there are situations of
circumstances that made impossible to exercise freewill are reason to exempt the
accused from convict ion. The Classicist maintained that human are totally responsible
for their actions. The Neoclassicist said “not always”. The neoclassical school does not
represent any brake with the classical view of human nature.

The neoclassical school does not represent any break with the classical view of human
nature. It merely challenges the classical position of absolute freewill. Because of this, it
led also to the preposition that while the classical doctrine is correct in general, it should
be modified in certain details:

1. That children and lunatics should not be regarded as criminals and free from
punishment.

2. It must take into account certain mitigating circumstances.

C. The Positivist School or Theory

The positivist school originated in the 19th Century in the context of the “scientific
revolution”. The positivist rejected the harsh legalism of the classical school and
substituted the concept of “free-will” with the doctrine of “determinism.”

Determinism – the belief that all events are caused by things that happened before
them and that people have no real ability to make choices or control what happens.

The school that composed of Italians who agreed that in the study of crime the
emphasis should be on scientific treatment of the criminal not on the penalties to be
imposed after convict ion.

It maintained that crimes as many other actions a natural phenomenon and is

comparable to disaster or calamity. That crime as a social and moral phenomenon
which cannot be treated and checked by the imposition of punishment but rather
rehabilitation or the enforcement of individuals measures.

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The Positivist School of Criminology rejected the Classical School’s idea that all crime
resulted from a choice that could potentially be made anyone. Though they did not
disagree with the classical school that most crime could be explained through “human
nature,” they argued that the most serious crime were committed by individuals who
were “primitive “or “atavistic” that is, who failed to evolve to fully human and civilized
state. Crime therefore resulted not from what criminal had in common with other
society, but from their distinctive physical or mental defects.

The Positivist understood themselves as scientists: while the classical thinkers were
concerned with legal reform, constructing an environment in which crime was seen to
be not in an individuals’ self-interest, the positivist were concerned with scientifically
isolating and determining cause’s criminal behavior in individual offenders.

The following are the key assumptions of the positivist school of thought:

1. Human behavior is determined and not a matter of free-will.

2. Criminals are fundamentally different from non-criminals.

3. Positivists search for such differences by scientific methods.

4. Social scientists can be objective, or values-neutral, in their work.

5. Crime is frequently caused by multiple factors.

6. Society is based on consensus, and not on social contract.

Auguste Comte (1798-1857), is considered the founder of positivist school and

sociology. He applied scientific methods in the study of society, from where he
adopted the word sociology. He wanted a society in which all social problems will be
solved by scientific methods and research.

Main Proponents of Positivist School

1. Cesare Lombroso

Cesar Lombroso (1936-1909) - The Italian leader of the positivist school of criminology,
was criticized for his methodology and his attention to the biological characteristics of

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the offenders, but his emphasis on the need to study offenders scientifically earned him
the “father of modern criminology .”

His major contribution is the development of scientific approach to the study of criminal
behavior and to reform the criminal law. He wrote the essay entitled “CRIME”: Its
Causes and Remedies” that contains his key ideas and the classification of criminals.

Classification of Criminals by Lombroso

1. Born Criminals- there are born criminals according to Lombroso’s, the belief that
being a criminal behavior is inherited.

2. Criminal by Passion- are the individuals who are easily influenced by great emotions
like fit or anger.

3. Insane Criminals- are those who commit crime due to abnormalities or psychological
disorders. They should be exempted from criminal liability.

4. Criminoloid- a person who commit crime due to less physical stamina/ self- control.

5. Occasional Crime- are those who commit crime due to insignificant reasons that
pushed them to do in a given occasion.

6. Psuedo-Crimimals- are those who kill in self-defense.

2. Enrico Ferri

He was best known Lombroso’s associate, parliamentarian accomplished public

lecturer, brilliant lawyer, editor and scholar.

Although he agreed with Lombroso on the biological bases of criminal behavior, his
interest in socialism led him to recognize the importance of social, economic, and
political determinants.

His greatest contribution was his attacked on the classical doctrine of freewill - which
argued that criminals should be held morally responsible for their crimes because they
must have made a rational decision to commit the crime.

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

He also claimed that strict adherence to preventive measures based on scientific

methods would eventually reduce crime and allow people to live together in society
with less dependence on penal system.

3. Raffaele Garofalo

Influenced on Lombroso’s theory of atavistic stigmata (man’s inferior/ animalistic

behavior), he traced the roots of criminal behavior not to physical features but to their
psychological equivalents, which called “Moral Anomalies”. According to his theory,
naturals crimes are found in all human societies, regardless of the views of the
lawmakers, and no civilized society can afford to disregard them. Natural crimes,
according to his Garofalo, are those that offend the basic moral sentiments of probity
(respect for property of others) and pity (revulsion against the infliction of suffering on
others.)

Types Of Criminals By Garofalo

1. Murderers- those who are satisfied from vengeance/ revenge.

2. Violent Criminals- those who commit very serious crimes.

3. Deficient Criminals- those who commit crime against property

4. Lascivious Criminals- those who commit crime against chastity.

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Classical vs Positivist

Point Classical School Positivist School

Focus The focus is the crime or the The focus is the criminal or the man,
criminal act, not the man. not the crime committed.
View of Human Hedonistic; free-willed Malleable; determined by
Nature rationality, morally responsible biological, psychological, and
for own behavior social environment; no moral
responsibility
View of Justice Social contract; exist to protect Scientific treatment system to cure
System society; due process and pathologies and rehabilitate
concern with civil righst; offenders; no concern with civil
restrictions on system. rights.
Form of Law Statutory law; exact Social law; illegal acts defined by
specialization of illegal acts analogy; scientific experts
and sanctions. determine social harm and proper
form of treatment.
Purposes of Punishment for deterrence; Treatment and reform; sentences
Sentencing sentences are determinate are indeterminate (variable length
(fixed length). until cured)
Criminological Philosophers; social reformers Scientists; treatment experts
Experts
Age of Existed during the Age of Existed during the Age of
Existence Enlightenment. Enlightenment.

C. Chicago School

The Chicago School arose in the early 20th century through the work of Robert Ezra Park
and Ernest Burgess. They proposed a theory of crime known as concentric zone theory.
They showed that the zones closest to the inner city had the highest prevalence of
social ills, notably, unemployment, poverty, reliance on social assistance, and rates of
disease. Park and Burgess said that the prevalence of these social problems in the inner
zones of the city where social conflict was high led to a condition they called social
disorganization.

Ernest Burgess of the University of Chicago, sought to explain clear divisions of

socioeconomic status within and immediately outside of cities. The disparities from one
city block to the next were extremely apparent and Burgess created a tool that has
proven to be extremely helpful to future crime study. Working with the city of Chicago,
Burgess examined and identified 5 city zones, each with its own particular attributes.
Though Ernest’s original publication from 1928 on concentric circles very blatantly

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divided these zones by concentration of African Americans within the inner zones
(Burgess, 1928), the general make-up of these areas today is predominantly comprised
of minorities and those of lower socioeconomic status.

Working from the outer zone inward, Zone V was titled the Commuters Zone. This zone
was described by Burgess as being inhabited by those that could afford the more
expensive “bungalows” common to this zone as well as transportation to the inner city
for entertainment and work (Burgess, 1928). Zone IV, the Residential Zone, was
described to be inhabited by well-educated, middle class families. The third zone, the
zone of the Workmen’s Homes, is generally inhabited by those that can afford to move
beyond the inner-most city limits, second generations of immigrant families (Lersch,
2011). Burgess describes Zone III as being close enough to the inner zones as workers
can reach workplaces by foot (1928). Zone II, the Zone in Transition, is known as “the
least desirable area to live in the city” (Lersch, 2011). This area can be described as the
melting pot of poor, immigrant, destitute, and criminal (Burgess, 1928). Ignored by
residents and landlords, these areas are distinct in their dilapidated housing and
infrastructure (Lersch, 2011). Drugs, prostitution, gang activity, and general economic
misery are all prominent within the second zone. The innermost zone, The Loop, is a
business and commerce heavy area that is commuted to by inhabitants of the other
four zones.

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Based on the work of Henry Mckay and Clifford Shaw of the Chicago School in their
Social disorganization theory, it links crime rates to neighborhood ecological
characteristics. A disorganized area is one in which institutions of social control, such as
the family, commercial establishments and schools have broken down and can no
longer carry out their expected functions. Indicators of social disorganization include
high unemployment, school dropout rates, deteriorated housing, low income levels,
and large numbers of single-parent households. Residents in these areas experience
conflict and despair, and as a result, antisocial behavior flourishes.

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Significant contributors in the field of Criminology:

1. Dr. Charles Goring - an English statistician, who studied the case of 3,000 convicts and
found that heredity, is more influential as determiner of criminal behavior than
environment.

2. Alphonse Bertillon - one who originated a system of classifying criminals according to

bodily measurements known as “ANTHROPOMETRY” because the human skeleton is
unchangeable after 20th birthday and no two individual are alike in all dimension, this
method received prominence in 1880’s.

3. Edwin Sutherland - an American authority in criminology who in his book “PRINCIPLES

OF CRIMINOLOGY” considers criminology at presents as not science, but is has hopes of
becoming science. He advocated the DAT – Differential Association of Theory, which
maintain that the society is composed of different group organization, the societies
consist of a group of people having criminality tradition and anti-criminalistic tradition.
And that criminal behavior is learned and not inherited.

4. George L. Wilker - argued that criminology can’t possibly become science.

Accordingly, general propositions of universal validity are the essence of science, such
as proposition can be made only regarding stable and homogenous unit but varies
from one time to another, therefore, a universal proposition cannot be made regarding
crime, and scientific studies of criminal behavior are impossible.

5. W.A. Bonger - an international authority in criminology, who classified crimes by

motives of the offenders as economic crimes, sexual crimes, political crimes,
miscellaneous crimes with vengeance as the principal.

6. R.H. Goddard - who advocated the theory of “FEEBLEMINDEDNESS” inherited as

Medelian Unit, cause crime for reason that a feebleminded person is unable to
appreciate consequence of his behavior or appreciate consequence of his behavior
or appreciate the meaning of a law.

7. David W. Maurer- an American authority in police administration, who in his “The Big
Con”, once said, the dominant culture could control the predatory cultures without

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difficulty, and what is more, it would exterminate them for no criminal subculture can
operate continuously and professionally without connivance of the law.

8. Peter Rentzel- A private person who, in 1969, established a workhouse in Humburg at

his own expense because he had observed that thieves and prostitutes were made
worse instead of better by pillory, and he hoped that they might be improved by work
and religious instruction in the workhouse.

9. John Howard- He was known as the greatest penal reformer, who wrote the book,
“The State of Prison in England”, after a personal investigation of practically all the
prisons in England.

10. Adolphe Quetelet – He made use of data and statistical analysis to gain insight into
the relationship between crime and sociological factors. He found out that age,
gender, poverty, education, and alcohol consumption were important factor related to
crime.

11. Rawson W. Rawson – He utilized crime statistics to suggest a link between population
density and crime rates, with crowded cities creating an environment conducive to
crime. Joseph Fletcher and John Glyde also presented their research papers on crime
and its distribution to the Statistical Society of London.

13. Henry Mayhew – He used empirical methods and an ethnographic approach to

address social questions and poverty, and presented his studies in London Labour and
the London Poor.

14. Emile Durkheim - He advocated the “Anomie Theory”, the theory that focused on
the sociological points of the positivist school which explains that absence of norms is a
society provides a setting conductive to crimes and other anti-social acts. According to
him, the explanation of human conduct lies not in the individual but in the group and
the social organization.

15. Sir Alec John Jeffreys – a British Geneticist, who developed techniques for
Deoxyribonucleic Acid (DNA) fingerprinting or profiling.

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16. David Abrahamsen - In his Crime and Human Mind in 1945, he explained the causes
of crime by this formula “Criminal behavior equals Criminalistics Tendency plus Crime
Inducing Situation Divided by the Persons Mental or Emotional Response to Temptation.

Abrahamsen’s Criminal Formula:

C= T + S
R

Where:

C – Crime/Criminal behavior (the act)

T – Criminal Tendency (Desire/Intent)
S – Total Situation (Opportunity)
R - Resistance to Temptation (Control)

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 Chapter 2

OBJECTS OF INTEREST IN CRIMINOLOGY

The four major objects of interest in criminology are crimes (criminal acts), criminals
(perpetrators of crime), criminal behavior, and the study of victims.

A. CRIME

1. An act or mission in violation of a criminal law in its legal point (Legal Definition)

2. An anti-social act: an act that is injurious detrimental or unacceptable to the norms

of society. (Social Definition)

3. Psychologically, crime is an act, which is considered undesirable due to behavioral

caused my maladaptive or abnormal behaviors. (Psychological Definition)

CRIME- is also a generic name that refers to offense, felony and delinquency or
misdemeanor.

OFFENSE- is an act or omission punishable by special laws (a special law is a statute

enacted by Congress, penal in character, which is not an amendment to the revised
penal code) such as Republic Acts, Presidential decrees, Executive Orders,
Memorandum Circulars, Ordinances and rules and regulations.

FELONY- is an act or omission punishable by the Revised Penal Code.

DELINQUENCY/ MISDEMEANOR- acts that are in violation of simple rules and regulations
usually referring to acts committed my minor offenders.

Criminological Classification of Crimes

Crimes are classified in order to focus a better understanding on their existence.

A. Acquisitive and Extinctive Crimes (As to the result)

Acquisitive Crime is one which when committed the offender acquires something as a
consequence of his criminal act. The crime is extinctive when the result of criminal act is
destruction.

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B. Seasonal and Situational Crimes (As to the time or period of commission)

Seasonal crimes are those that are committed only at certain period of the year while
situational crimes are those that are committed only when given a situation conducive
to its commission.

C. Episodic and Instant Crimes (As to the length of time of commission)

Episodic crimes are serial crimes; they are committed by series of act within a lengthy
space of time. Instant crimes are those that are committed the shortest possible time.

D. Static and Continuing Crimes (As to the place or location of the commission)

Static Crimes are crimes that are committed only in one place. Continuing crimes are
crimes that are committed in several places.

E. Rational and Irrational Crimes (As to the use of mental capacity)

Rational crimes are those committed in intent; offender is in full possession of his mental
faculties/capabilities while irrational crimes are committed without intent: Offender
does not know the nature of his act.

F. White Collar and blue Collar Crimes (As to the social status of the offender)

White Collar crimes are those committed by a person of responsibility and of upper
socio economic class in the course of their occupational activities. Blue collar crimes
are those committed by ordinary professionals to maintain their livelihood.

G. Upper World and Underworld Crimes b (As to the standard of living of the criminals)

Upper world crimes are those committed by individuals belonging to the upper class of
society. Under world crimes are committed by members of the lower or under
privileged class of society.

Other Classes of Crimes

1. Crimes by imitation - are crime committed by merely duplication of what was done
by others.

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2. Crimes by passion - are crimes committed because of the fit great emotions.

3. Service crimes - refer to crimes committed through rendition of a service to satisfy

desire of another.

4. Genocide – a crime committed by a government through mass destruction or

annihilation of human populations.

5. Transnational crimes – violation of law that involves more than one country in their
planning, execution, e.g. drug trafficking and human trafficking

6. Environmental crimes – acts that breach environmental legislation and cause

significant harm or risk to the environment and human health, e.g. illegal emission or
discharge of substance into air, water or soil; illegal trade in wildlife.

7. Cybercrimes – crimes that involve computers and networks.

8. Political crimes – criminal activities for ideological purposes; also serious violations of
laws that threaten the security or existence of the government, e.g. terrorism, treason or
sedition.

9. Family-related crimes – crimes within the family.

10. Patriarchal crimes - those committed against women and children in the name of
traditional male dominance.

Legal Classification of Crimes

Under the law, crimes are classified as:

A. Crimes against National Security and the Law of Nations.

Example- Treason, espionage, Piracy

B. Crimes against the Fundamental Law of the state.

Example- Arbitrary Detention, Violation of Domicile

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C. Crimes against Public Order

Example- Rebellion, Sedition, Coup D’état

D. Crimes against Public Interest

Example- Forgery, Falsification, Fraud

E. Crimes against Public Morals

Example- Gambling and betting, offences against decency and good customs like
scandals, obscenity, vagrancy, and prostitution.

F. Crimes Committed by Public Officers

Example- Malfeasance and Misfeasance

G. Crimes against Person

Example- Murder, Rape, Physical Injuries

H. Crimes against Properties

Example- Robbery, Theft

I. Crimes against Personal Liberty and Security

Example- Illegal Detention, Kidnapping, Trespass to Dwelling, Threat and Coercion

J. Crimes against Chastity

Example- Concubinage, Adultery, Seduction abduction, Acts of Lasciviousness

K. Crimes against Civil Status of Persons

Example- Bigamy and other illegal Marriages

L.Crimes against Honor

Example- libel oral Defamation

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M. Quasi- Offenses or Criminal Negligence

Example- imprudence and Negligence

B. THE CRIMINAL

On the basis of the definition of crime, a criminal may be defined in three ways:

1. A person who committed a crime and has been convicted by a court of the violation
of a criminal law. (Legal Definition)

2. A person who violated a social norm or one who did an anti-social act. (Social
Definition)

3. A person who violated rules of conducts due or behavioral maladjustment.

(Psychological Definition)

Criminological Classification of Criminals

Based on Etiology

Acute Criminal is one who violates a criminal law because of the impulse or fit of
passion. They commit passionate crimes.

Chronic Criminal is one who commits crime acted in consonance of deliberated

thinking. He plans offenders.

Based on Behavioral System

Ordinary Criminal is considered that lowest form of criminal in a criminal career. He

doesn’t stick to crime as a profession but rather pushed to commit crimes due to great
opportunity.

Organized Criminal is one who associates himself with other criminals to earn a high
degree of organization to enable them to commit crimes easily without being detected
by authorities. They commit organized crimes.

Professional Criminal is a person who is engaged in criminal activities with the high
degree of skill. He is usually one who practices crime as a profession to maintain a living.

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Based on Activities

Profession Criminals are those who practice crime as a profession for a living. Criminal
activity is constant is order to earn skill and development ability in their commission.

Accidental Criminals are those who commit crime when the situation is conducive its
commission.

Habitual Criminals are those who continue to commit crime because of deficiency of
intelligence and lack of self – control.

Based on Mental Attitudes

Active Criminals are those who commit crimes due to aggressiveness.

Passive Inadequate Criminals are those who commit crime because they are pushed to
it by reward or promise.

Socialized Delinquents are criminals who are abnormal in behavior in their socialization
process or development.

Based on Legal Classification

Habitual Delinquent is a person who, with in a period of ten years from the date of his
release or last conviction of the crimes of serious or less serious physical injuries, robbery,
estafa, or falsification, is found guilty of any of the said crimes or a third time oftener.

Recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the
Revised Penal Code.

Quasi-recidivist is one who commits another crime after having been convicted by final
judgment of a crime falling under either the Revised Penal Code or Special law, before
beginning to serve such sentence or while serving the same.

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C. CRIMINAL BEHAVIOR

Criminal behavior may also refer to the study of the human conduct focused on the
mental process of the criminal; the way he behaves or acts including his activities and
the causes and influences of his criminal behavior.

D. THE VICTIM

Victimology is simply the study of victims of crimes and contributory role, if any in crime
causation. It is also the scientific process of gaining substantial amounts of knowledge
on offender characteristic by studying the nature of victims.

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 Chapter 3

THEORIES OF CRIME CAUSATION

Crime Defined

1. An act or omission in violation of a criminal law in its legal point (Legal Definition)

2. An anti-social act: an act that is injurious detrimental or unacceptable to the

norms of society. (Social Definition)

3. Psychologically, crime is an act, which is considered undesirable due to

behavioral caused my maladaptive or abnormal behaviors. (Psychological
Definition)

Criminal Etiology – is the scientific analysis of the cause of crime.

Earlier Explanations of the existence of criminality

The following concepts provide a scenario on how criminality was dealt with in the early
times:

1. Crime is caused by demon (Demonological theory-Paganism Era). Men violate social

norms and religious practices because they are possessed by demons or evil spirits.

2. Crime is caused by divine will. Men manifest criminal behavior because they are
sinful. God is the offended party when they commit crimes, and the punishment in in
the form of plagues, earthquakes or other forms of desolation.

3. Crime is a matter of personal offense and retribution (Ancient World, Early Greek
Law). The earliest form of punishment was private revenge, in which the victim or the
victim’s kin retaliated for injury and the community did not interfere. This often resulted
in vendetta or blood feuds that could continue for many years until one or the other
family was completely wiped out.

The earliest broad laws reflective of the retributive system are those found in the
Babylonian Code of Hammurabi (1790 BC). These laws were based on the concept of

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“lex taliones” (law of retaliation) –an eye for an eye a tooth for a tooth concept of
retribution.

4. Crime is equal to sin (Middle Ages). Crimes and sins were treated the same
substance and nature. The state claimed that it was acting in the place of God when it
inflicted horrible punishments such as ostracism, stoning, exile from the community,
burning, decapitation, death as capital punishment.

In the Twelve Tables (450 BC) of the Roman law, intentional homicide, setting fire to a
dwelling or harvested crop, treason, and parricide were all punished by death.

Another cruel punishment method was trial by ordeal or torture in which the accused
was subjected to difficult and painful tests as means to determine whether the accused
is guilty or innocent.

A. BIOLOGICAL EXPLANATIONS OF CRIMINALITY

The biological explanations of criminality assume that individual vary in behavior

because of their biological structural differences. These structural differences may be
the result of chromosomes, genes, chemistry, hormones, or even body type. The
biological theories suppose that something is happening inside the person, often
beyond his control to cause criminal behavior, and that criminals may be born, not
made.

Heredity and Crimes

Early biological theorists believed that criminality was an inherited trait passed on in the
genes. Although this view has long lost popularity, many modern criminologists are still
interested in the role of genetics.

The methods are employed to test the proposition that criminality was inherited are the
following:

A. Family Studies

In this method, the family known to have many criminals was compared with a family
free of criminals.

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Some studies were conducted to prove that children of criminal parents are more likely
to become law violators than children of conventional parents. They are as follows:

1. The Study of the Juke Family (Richard Dugdale)

The Juke family consisted of 6 girls, some of whom were illegitimate. One of them, Ada
Juke, was known as the “Mother of Criminals”. Dugdale traced the 1,200 descendants
for 75 years and found 280 paupers, 60 thieves, 7 murderers, 40 other criminals, 40 with
sexual diseases, 300 infants prematurely born, 50 prostitutes, and 30 who were
prosecuted for bastardy.

2. The Study of Kallikak Family (Henry Goddard)

Martin Kallikak was an American Revolutionary war soldier. While stationed in a small
village, he met a feebleminded girl and had illicit relation with her About 489
descendants frome this lineage were traced which included 143 feebleminded and 46
normal. 36 were illegitimate, 3 epileptics, 3 criminals, 8 kept brothels, and 82 died in
infancy.

3. The study of Sir Jonathan Edwards’ Family

Sir Jonathan Edward was a famous preacher during the colonial period. When his
family tree was traced, none of the descendants was found to be criminal. Rather,
many became presidents of the United States, governors, members of the Supreme
Court, famous writers, preachers, and teachers.

Contemporary sociologist also had their share in analysing heredity and criminality.
Some of their studies are as follows:

A study led by David Farrington revealed that a significant number of delinquent youths
had criminal fathers. In his other study, he found that one type parental deviance,
bullying, may be both inter- and intra- generational. Bullies have children who bully
others, and these “second generation bullies” grow up to become the fathers of
children who are also bullies, in a never-ending cycle.

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B. Twin Behavior Studies

The logic of this method is that if there is greater similarity in behavior between identical
twins than between fraternal twins, the behavior must be due to heredity.\

In the 1920’s, Lange studied 30 pairs of same sex twins - 13 identical and 17 fraternal
twins. He found out that one member of each pair was a known criminal. Moreover,
both twins in 10 of the 13 pairs of identical twins were criminal; 2 of the 17 pairs of
fraternal twins were both criminal. This showed a significant relationship between the
criminal activities of identical twins and much lower association between those of
fraternal twins.

C. Adoption Studies

This method compared the criminal records of adopted children who were adopted at
relatively early age with the criminal records of the adopted parents. Several studies
indicate that some relationship exists between biological parents’ behavior and the
behavior their children. In the most significant study, Hutchings and Mednick found
criminality of the biological father was a strong predictor if child’s criminal behavior. An
analysis of Swedish adoptees also found that genetic factors are highly significant
accounting for 59 percent of the variation of their petty crime rates. Boys who had
criminal parents were significantly more likely to violate the law.

D. The XYY “Supermale” Studies

The role of chromosomes in crime causation has been analysed in recent studies on
human genetics. The first well known study of this type was undertaken by Patricia A.
Jacobs, a British researcher who examined 197 Scottish prisoners for chromosomal
abnormalities through a relatively sample of their blood test known as karyotyping. 12
of the group displayed chromosomes which were unusual, and 7 were found to have
and XYY chromosomes. “Normal” males possess an XY chromosome structure while
“normal” female are XX. Some other unusual combinations might be XXX, wherein
female’s genetic makeup contains an extra X or female chromosomes. Males with an
extra X chromosome often are possessed of male genitalia, but are frequently sterile
and with evident breast enlargement and intellectual retardation. The XYY male,

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however, whose incidence in the prison population was placed at around 3.5% by
Jacobs, was quickly identified as potentially violent ad termed as supermale.

Studies of XYY males tend to show that supermales:

- Are taller than the average male, often standing 6’1” foot or more;

- Suffer from acne or skin disorders;

- Are of less than average intelligence

- Are overrepresented in prisons and mental hospitals.

- Come from families with less history of crime or mental illness.

Physiognomy

Physiognomy is the study of facial features of a person in relation to his criminal

behavior. This is done to determine whether the shape of eras, nose and eyes, and the
distance associated with anti-social behavior. The first to use this approach was Cesare
Beccaria in his Crime and Punishment. It was later revived by Swiss theologian Johann
Kaspar Lavater.

Phrenology

Phrenology or craniology is the study of external formation of the skull indicating the
conformation of the brain and the development of its various parts in relation to the
behavior of the criminal. This is associated with the work of Franz Joseph Gall.

Physiology or Somatotype

Physiology or somatotype refers to the study of the body build of a person in relation to
his temperament and personality and the type of offense he is most prone to commit.
This approach was originated by Ernest Kretschmer and developed by William Sheldon.

Kretschmer studied the different body types and presented the relationship between
physique and mental illness. He classified the body build into three distinct types:

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1. Asthenic – lean, slightly built, narrow shoulders - This body type is associated with
schizophrenia and tends to be idealistic, introverted, withdrawn, and prone to commit
larceny and fraud cases.

2. Athletic/Dysplastic – medium to all, strong, muscular course bone – Their offenses are
against decency and morality.

3. Pyknic – medium height, rounded figure, massive neck, broad face – associated with
manic-depressiveness. Persons with this built tend to be moody, extrovert, jolly and
realistic. They are prone to commit deception, fraud and violence.

Sheldon is an influenced of the Somatotype School of Criminology, which related body

built to behavior. He became popular of his Somatotype Theory. His key ideas
concentrated on the principle of “Survival of the Fittest” as a behavioral science. He
combines the biological and psychological explanation to understand deviant
behavior.

Sheldon’s “Somatotype Theory” maintains the belief of inheritance as the primary

determinants of behavior and other physique is a reliable indicator of personality.

Classification of Body Physique by Sheldon

a. Endomorphy – a type with relatively predominance of soft, roundness though out

the regions of the body. They have low specific gravity. Persons with typically
realized and comfortable disposition.

Temperament of Endormorphy: Viscerotonic – relaxed, jolly, lazy comfortable,

loves luxury, an extrovert.

b. Mesomorphy – athletic type, predominance of muscles, bone and connective

tissue, normally heavy, hard and firm, string and tough. They are the people who
are routinely active and aggressive, and they are most likely to commit crimes.

Temperament of Mesomorphy: Somotonic – active, dynamic; walks, talks and

gestures assertively; behaves aggressively; dominant; more prone to criminal
activity than ectomorphs and endomorphs.

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 c. Ectomorphy – thin physique, flat chest, delicacy through the body, slender poorly
muscled. They tend to look more fatigue and withdrawn.

Temperament of Ectomorphy: Cerebrotonic – full of complaints, insomniac with

chronic fatigue and sensitive skin, nervous and self-conscious, and introvert.

Physical Defects and Crimes

A leader of notorious criminal groups are usually nicknamed, in accordance with their
physical defects or handicaps such funny names as “Dorong Pilay”, “Dodong Kirat”,
“Ben Unano” and others. These physical defects were the usual source of irritation
during their childhood days whenever they were the subject of mockery by others. As a
result, they develop inferiority complex. Consequently, they have poor social
relationship and serious emotional disturbances. They lack competitiveness
occupationally and socially, and they become frequently irritated by people. This
makes them resort to violent criminal behavior.

B. PSYSCHOLOGICAL AND PSYCHIATRIC EXPLANATIONS OF CRIMINALITY

Psychologists and psychiatrists, same with biologists and chemists, also attempted to
explain behavior. They tried to find out whether criminal behavior is caused by such
personality factors as emotional problems, mental disorders, sociopathy and thinking
patterns. The psychological and psychiatric theories have the common assumption that
there is something wrong with the mind of the offender, which causes him to commit
crimes.

Psychoanalytic Theory

This theory blames criminal or delinquent behavior to a conscience that is either so

overbeating that is arouses feelings of guilt, or so weak that it cannot control the
individual’s impulses and leads to a need for immediate gratification.

Sigmund Freud, the founder of psychoanalysis, viewed criminality as a result of too

much guilt feelings. He noticed that those suffering from unbearable guilt committed
crimes in order to be apprehended and punished. Once they had been punished, their
feelings of guilt were relieved.

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Freud attributed these feelings to man’s personality structure: the id, ego and the
superego;

1. The Id – It is the impulsive part of the personality and unconscious. It represents the
unconscious biological drives for sex, food and other life-sustaining necessities. The id
impulses instant gratification without concern for the rights of others. Hence they must
be repressed. It operates according to “pleasure personality”

2. The Ego – This is the objective, rational part of personality, the reality component.
Hence, it considers sensibility and responsibility to others. The ego compensates for the
demands of the id by helping the individual guide his actions to remain within
boundaries of righteousness and fairness. It operates according to “reality principle”.

3. Superego – The superego is the “conscience” of a person. It is the moral aspect of

personality. It allows a person to feel pride, shame and guilt. Thus, it is largely responsible
for making a person follow the moral codes of society. It helps a person weigh his
thoughts and actions. Freud believed that some people are criminal due to an
overdeveloped superego which leads to guilt, anxiety and a desire for punishment.

In contrast to Freud’s notion of criminality caused by overdeveloped superego, August

Aichorn argued that criminality is rather the result of an underdeveloped superego.
Aichorn was a psychoanalyst who administered an institution for juvenile delinquents.
He observed that many of the incarcerated youths had underdeveloped superegos,
and he attributed their criminality to unregulated id.

Personality and Crimes

Some psychological studies have examined the relation between personality and
criminality. In the investigation of the differences of personality between criminals and
non-criminals carried out in prisons, it showed that inmates are typically more impulsive,
hostile, self-centered, and immature than non-criminals. In another study, psychiatrists-
psychologists concluded that criminals share abnormal thinking patterns that lead to
decisions to commit crimes. They argued that criminals are “angry” people who feel a
sense of superiority, expect not to be held accountable for their acts, and have a

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highly inflated self-image. Any perceived attack on their glorified self-image elicits a
strong reaction, often a violent one.

In general, studies on criminals’ personality characteristics have revealed some

relationships. However, most data did not reveal any significant differences between
criminal and non-criminal psychology. Personality testing has not differentiated criminals
from non-criminals.

Mental Disturbances and Crimes

Criminal behavior is also linked to some mental disturbances. These disturbances or

disorders come in many forms as follows:

1. Mental Deficiency – This is a condition of arrested or incomplete development of the

mind existing before the age of eighteen, whether arising from inherent causes or
inducted by disease or injury. Mentally deficient persons are prone to commit malicious
damage to property and unnatural sex offenses. They may commit violent crime but
definitely not crimes involving the use of mentality.

Classes of Mental Deficiency

a. Idiots – persons with mental defect to a degree that they are unable to guard
themselves against common physical dangers. Their mentality is comparable to
that of two year old child.

b. Imbeciles – persons with a mental defect, which though not amounting to

idiocy, is yet so pronounced that they are incapable of managing themselves or
their affairs.

c. Feebleminded – persons with mental defect, which though not amounting to

imbecility, is yet so pronounced that they require care, protection of others, or in
the case of children, they appear to be permanently incapable of receiving
proper benefit from instruction in ordinary schools.

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 d. Morally Defective – persons with strong vicious or criminal propensities. They
require care and supervision and control for their own or for the protection of
others.

2. Psychosis – This is a common category of mental disorder among youthful offenders

and habitual criminals. Psychosis can be functional or organic. It is characterized by
infantile level of response, lack of conscience, lack of affection to others and
aggression to environment and other people. Psychotic people lose contact with reality
and have difficulty distinguishing reality from fantasy. Most of the time, they have severe
breakdown in their ability to communicate and they become isolated from others.

The most common type of psychoses are the following:

a. Schizophrenia – This is manifested by delusion or hallucinations or a clear-cut

thought disorder. This is also known as “dementia praecox”. Sometimes
schizophrenics are not logical in their thoughts, as shown by their language. Their
personal appearance is dilapidated, and they are liable to impulsive acts and
commit suicide.

b. Paranoia – It is a psychotic delusion characterized by incorrect or unreasonable

ideas which can be seen as truth by people suffering from this disorder. Paranoia
is a Greek term which means a mind beside itself. Paranoid people are
suspicious and have that feeling of being persecuted by others, referred to as
psychotic delusion. In the paranoid’s mind the delusion system is frim and is
accompanied by clear and orderly thinking because he or she can give
rational, distinct and clear reasons for his or her thoughts.

3. Neuroses – This is another common type of mental disorder linked to criminal

behavior. Neurotic behaviors are those that do not grossly violate social norms or
represent severely disorganized personalities. Most neurotic are aware of their problems
and may not seek professional help. They do not require hospitalization but are guilty,
unhappy and anxious people.

The most common neuroses with their respective symptoms are the following:

35
a. Neurasthenia – This is a condition of weakened nerves that manifests in fatigue
and nervousness and sometimes in physical symptoms such as pain.

b. Anxiety – It is also known as “anxiety state” or “anxiety reaction”, with the person
feeling anxious, fearful or apprehensive. The person may also be irritable and
restless and has chronic tension, poor concentration and overreaction.

c. Obsessive-compulsive disorder – This is the uncontrollable or irresistible impulse to

do something. There may be an active desire to resist this irrational behavior, but
the person is prevented by his unconscious motives to act his difficulty or to suffer
miserably in his fear. This neurosis may be any of the following:

1. Kleptomania – the compulsive desire to steal

2. Dipsomania – the compulsive desire to drink alcohol

3. Pyromania – the compulsive desire to set fire

4. Homicidal compulsion- the irresistible urge to kill somebody

d. Hysteria – This refers to an unhealthy or senseless emotional outburst coupled with

violent emotional outbreaks.

e. Phobia – It is generally called exaggerated fears of things that normal people

fear to some degree, and fears of things that ordinary people do not fear.

Some Common Phobias

Name of Phobia Object of Fear

Agoraphobia Open, crowded places

Sociophobia People or social situations

Acrophobia Heights

Claustrophobia Enclosed spaces

Necrophobia Death and/or the dead

Homophobia Blood

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 Autophobia Being alone

Scotophobia/achluophobia Darkness

Pyrophobia Fire

Xenophobia Strangers, foreigners or aliens

f. Depression – People who suffer from depressive neurosis generally have feelings
of pain, hurt, unpleasantness, sadness, rejection, self-pity, helplessness, despair,
boredom, pessimism, and rejection. When these feelings become pervasive and
affect all aspects of a person’s life, depression is said to occur.

4. Epilepsy – This is a condition characterized by compulsive seizures and a tendency to

mental deterioration. The disease is characterized by reduce emotional control,
stubbornness and irresistibility, impulsiveness, inconsistency in feeling, irritability
manifested either by sudden outburst of anger and vicious conduct.

Intelligence and Crimes

The classic studies of Juke and Kallikak families were among the first to show that
feeblemindedness or low intelligence was inherited and transferred from generation to
next. Numerous tests were likewise conducted that lead to the development of the use
of IQ test as a testing procedure for offenders. The very first results seemed to confirm
that offenders had low mental abilities. They were found to be mentally impaired and
incapable of managing their affairs.

Authorities such as Bartol, Wilson and Herrstein, - indicated evidence that intelligence is
inherited, as shown by the numerous studies conducted. They were one in concluding
that an estimate of 10-point gap exists on IQ scores between offenders and non-
offenders scoring higher. Moreover, most offenders fall in the low normal or borderline
range (60-100 points).

Criminologist Travis Hirschi and Michael Hindelang also proposed the idea that low IQ
increases the likelihood of criminal behavior through its effect on school performance,
that is, youths with low IQs do poorly in school, and school failure and academic

37
incompetence are highly related to delinquency and later to adult criminality. These
interferences were later supported by other researchers who continued to prove that IQ
and crime are related, though indirect.

On the contrary, very limited evidence is available which can support the said
contentions. Studies showed that forgery, bribery, security violation, and
embezzlements are crimes committed by offenders with higher IQs than those offenders
in the general population; assault, homicide, rape and sex offenses are committed by
offenders with lower IQs than those of offenders in the general population; and that
high-frequency property offenders, such as burglars, thieves, robbers, drug and alcohol
offenders, have IQs that correspond to general population of offenders.

The IQ Ranges and their Interpretation

0-20 Profoundly retarded

21-35 Severely retarded

36-50 Moderately retarded

51-70 Mildly retarded

71-90 Slow learner

91-110 average

111-120 Above average

121-140 Superior

141-160 Very superior

161-180 Gifted

181-200+ Genius

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Charles Goring, studied the mental characteristics of 3,000 English convicts. He found
little difference in the physical characteristics of criminals and non-criminals, but he
uncovered a significant relationship between crime and condition he referred to as
defective intelligence, which involves such as traits as feeblemindedness, epilepsy,
insanity and defective social instinct. Goring believed that criminal characteristics were
inherited and recommended that people with such characteristics should not be
allowed to reproduce.

Cognitive Theory

This psychological theory of behavior is based on the belief that people organize their
thoughts into rules and laws, and that the way in which those thoughts are organized
results in either criminal or non-criminal behavior. This organization of thoughts is called
moral reasoning, and when applied to law, legal reasoning.

There are several sub-disciplines of cognitive theory. Perhaps the most important for
crime studies is the Moral Development Theory pioneered by Lawrence Kohlberg. He
contended that moral reasoning develops in three stages. He called the first stage, pre-
conventional; the second stage, conventional; and the third, post-conventional. He
and his associates conducted studies in which criminals were found to be significantly
lower in their moral judgment between than non-criminals of the same social
background.

Behavioral Theory

The most popular work on behavioural approaches is that B.F. Skinner. Behavioral
theory is based on the belief that all behavior is learned and can be unlearned, Its
major premise is that people alter their behavior according to the reactions it receives
from others, Behavior is supported by rewards and extinguished by negative reactions
or punishments.

SOCIOLOGICAL EXPLANATIONS OF CRIMINALITY

Sociologists emphasizes that human beings live in social groups, and that those groups
and the social structure the create influence behavior. Most sociological theories of

39
crime causation assume that a criminal’s behavior is determined by his or her
environment, which includes families, friends, neighborhoods and others. Most
sociological theories of crime explicitly reject the notion of the born criminal.

A. Social Learning Process

Social learning theorists believe that crime is a product of learning the norms, values
and behaviors associated with criminal activity.

1. Differential Association Theory (DAT) – Developed by Edwin Sutherland, it assumes

that persons who become criminal do so because of contacts with criminal patterns
and isolation from non-criminal patterns.

Sutherland’s Nine Propositions

1. Criminal behavior is learned.

2. Crime is learned by participation with others in verbal and non-verbal

communications.

3. Families and friends have the most influence on learning process

4. The learning process includes the techniques in committing the crime and the
specific direction of motives, drive and attitude.

5. Not everyone in the society agrees that the laws should be obeyed; some
people define it unimportant.

6. A person becomes delinquent because of an excess definition favorable to the

violation of laws over to the definition unfavorable to the violation of laws.

7. Differential associations vary in frequency, duration, priority and intensity. The

extent to which association and definitions will result in criminality is related to the
frequency of contacts and their meaning to the individual.

8. The process of learning criminal behavior by association with criminal and anti-
criminal pattern involves all the mechanism that are involve in any other
meaning

9. While criminal behavior is an expression of general needs and value, it is not

explained by those general needs and values, since non-criminal behavior is an
expression of the same needs and values.

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2. Differential Reinforcement Theory – Proposed by Ronald Akers in collaboration with
Robert Burgess, it is a version of the social learning view that employs both differential
association concepts along with elements of psychological learning theory. According
to Akers people learn to be neither “all deviant” nor “all conforming” but rather strike a
balance between the two opposing poles of behavior. This balance is usually stable,
but it can undergo revision over time.

A number of learning process shape behavior, direct conditioning also called

differential reinforcement, occurs when behavior is reinforced by either rewarded or
punished while interacting with others. When behavior is punished, this is called
negative reinforcement.

3. Neutralization Theory – This theory is identified with the writings of David Matza and
Gresham Sykes. They viewed the process of becoming a criminal as a learning
experience in which potential delinquents and criminals master techniques that enable
them to counterbalance or neutralize conventional values and drift back and forth
between illegitimate and conventional behavior. Matza argued that even the most
committed criminals and delinquents are not involve in criminality all the time; they also
attend schools, family functions and religious services.

Sykes and Matza based their theoretical model on these observations:

- Criminals sometimes voice a sense of guilt over their illegal acts

- Offenders frequently respect and admire honest, law-abiding citizens

- Criminals draw a line between those whom they cannot victimize and those
whom they cannot.

- Criminals are not immune to the demands of conformity

B. Social Control Theory

Another approach is made by the social bond or social control theory. These theories
try to explain why people do not become criminal. Travis Hirschi identified four main
characteristics; “attachment to others”, “believe in moral validity of rules”,

41
“commitment to achievement” and “involvement in conventional activities”. The more
a person features those characteristics, the less are the chances that he or she
becomes deviant or criminal. On other hand, of those factors are not present in a
person; it is more likely that he or she might become criminal. Hirschi expanded on this
theory, with idea that a person with low self-control is more likely to become criminal.

C. Conflict Theory

Conflict theory assumes that society is based primarily on conflict between competing
interest groups- for instance, the rich against the poor, management against labor,
men against women, adult against children. One of the earliest theorists to apply
conflict theory to the study of crime was George Fold.

- Radical Theory

Although Karl Marx wrote very little about crime and criminal justice, radical theories of
crime causation are generally based on Marx’s ideas. Among the first criminologist to
employ Marxist theory to explain crime and justice were Richard Quinney, Williaam
Chambliss and Anthony Platt. Radical criminologists argue that capitalism is an
economic system that requires people to compete against each other in the
individualistic pursuit of material wealth. The destructive effects of capitalism, such as
crime, are not caused by income or property inequality or by poverty. Rather, crime is
caused by class struggle- the competition among wealthy people and among poor
people, between rich and poor people, and the practice taking advantage of other
people.

D. Social Reaction Theory

Commonly called as “labeling theory”, the focus of social reaction theory is the
criminalization process – the way people and actions are defined as criminal. The
distinguishing feature of all “criminals” is that they have been the object of a in
negative social reaction. Throughout their lives, people are given variety of symbolic
labels and ways to interact with others. Negative labels include “troublemaker”,
“mentally ill”, and “stupid”. These labels reduce self-image of the individual. The less

42
personal power and fewer resources a person has, the greater the chance he or she
will become labeled.

- Labeling Theory

This theory states that the reaction of other people and the immediate effects of these
reactions create deviance. Once it become known that a person has engaged in a
delinquenct behavior, said person is segregated from society, and label such as “thief”,
“drug addict” and “criminal”, is attached to the person.

E. Social Structure Theories

Many criminologists view the disadvantaged economic class position as primary cause
of crime. This view is referred to as social structure theories. These theories suggest that
social and economic forces operating in the deteriorated lower-class areas push many
of their residents into criminal behavior patterns. They consider the existence of
unsupervised teen age gangs, high crime rates, and social disorder in slum areas as
major social problems.

1. Social Disorganization Theory

Social disorganization theory is based on the work of Henry Mckay and Clifford Shaw of
the Chicago School. It links crime rates to neighborhood ecological characteristics. A
disorganized area is one in which institutions of social control, such as the family,
commercial establishments and schools have broken down and can no longer carry
out their expected functions. Indicators of social disorganization include high
unemployment, school dropout rates, deteriorated housing, low income levels, and
large numbers of single-parent households. Residents in these areas experience conflict
and despair, and as a result, antisocial behavior flourishes.

2. Strain Theory

This theory holds that crime is a function of conflict between the goals people have
and the means they can use to legally obtain them. Although social and economic
goals are common to people in all economic strata, strain theorists argue that the
ability to obtain these goals is class-dependent. People desire wealth, material

43
possessions, power, prestige, and other life comforts. Members of the lower class are
unable to achieve these symbols of success through conventional means.
Consequently, they feel anger, frustration and resentment, which is referred to as strain.
Lower-class citizens can either accept their condition, or they can choose an
alternative means of achieving success such a theft, violence, or drug trafficking.

The roots of strain theories can be traced to David Emile Durkheim notion of anomie.
Sociologist Robert Merton used a modified version of the concept of anomie to fit to
social, economic, and cultural conditions found in the modern U.S. society. He suggest
that the mainstream culture is saturated with dreams of opportunity, freedom and
prosperity; as Merton put it, the American Dream. Most people buy into this dream, and
it becomes a powerful cultural and psychological motivation. If the social structure of
opportunities is unequal and prevents the majority from realizing the dream, some of
them will turn to illegitimate means (crime) in or order to realize it. Others will retreat or
drop out into deviant subcultures (gang members, homeless drunks and drug abusers.)

Sociologist Robert Agnew’s General Strain Theory (GST) helps identify the micro-level or
individual influences of strain. Where Merton tried to explain social class differences in
the crime rate, Agnew tried to explain why individuals who feel stress are more likely to
commit crimes. He also offered a more general explanation of criminal activity among
all elements of society rather than restricting his views to lower-class crime. He
suggested that criminality is the direct result of negative affective states- the anger,
frustration, and adverse emotions that emerge in the wake of negative and destructive
social relationships. These negative affective states are produced by a variety of
sources of strain:

- Failure to achieve goals

- Disjunction of expectations and achievements

- Removal of positive stimuli

- Presentation of negative stimuli

44
3. Cultural Deviance Theory

This theory combines elements of both strain and social disorganization. According to
this view, because of strain and social isolation, a unique lower-class culture develops in
disorganized neighborhoods. These independent sub-cultures maintain a unique set of
values and beliefs that are in conflict with the conventional social norms. Middle-class
culture stresses hard work, delayed gratification, formal education, and being cautious;
the lower-class subculture stresses excitement, toughness, risk-taking, fearlessness and
immediate gratification. The lower class subculture is an attractive alternative because
the urban poor find that is impossible to meet the behavioral demands of middle-class
society.

Albert Cohen postulated the Theory of Delinquent Subcultures. His position was that
delinquent behavior of lower-class youths is actually a protest against the norms and
values of middle class culture. Because social conditions make them incapable of
achieving success legitimately, lower-class youths experience status frustration. As a
result, they join in gangs and engage in non-utilitarian, malicious and negativistic
behavior.

Richard Cloward and Lloyd Ohlin also combined strain and social disorganization
principles into portrayal of a gang-sustaining criminal subculture. They agreed with
Cohen and found that independent delinquent subcultures exist within society. They
suggest that delinquency can result from differential opportunity for lower class youth,
hence the Theory of Differential Opportunity. Such youths may be tempted to take up
criminal activities, choosing an illegitimate path that provides them more lucrative
economic benefits than conventional, over legal options such as minimum wage-
paying jobs available to them.

Other Sociological Causes of Crimes

1. Lack of parental guidance

2. Broken homes and family

3. Poor status of neighborhood

4. Bad association with criminal groups

45
5. Lack of recreational facilities for proper use of leisure time

6. Lack of employment opportunities

7. Failure of the school in character development of the children or the youth

8. Influence of mass media.

OTHER FACTORS OF CRIME CAUSATION

1. Alcoholism – It is a form of vice causing mental disturbance. It is a condition wherein

a person is under the influence of intoxicating liquor or alcohol. His physical condition
and behavior may be modified to a certain extent by the effects of alcohol. People
under the influence of liquor may commit violent crimes and inflict physical injuries.
Habitual drunkard may commit suicide, sex offense and exquisite crimes.

2. Drug Addiction – This is another form of vice which causes strong mental disturbance.
Drug addiction is the state of periodic or chronic intoxication produced by repeated
consumption of natural or synthetic drugs. Drug use in the Philippines is punishable by
the R.A. 9165 or otherwise known as Comprehensive Dangerous Drugs Act of 2002. A
drug abuser may commit crimes against persons (homicide, physical injuries and rape)
and crime against property.

46
 Chapter 4

FUNDAMENTAL STUDY OF CRIMINAL LAW

It is a common knowledge that crimes and criminal behavior were recognized in many
early societies. In preliterate societies, common custom and tradition (mores and
folkways) were the equivalent of the law. Each group had its own set of custom, which
were created to deal with situation that arose daily. These customs would often be
followed long after the reason for their origin was forgotten. In some cases, custom had
become an integral part of the way a culture functioned that eventually they become
formal or written law.

The concept of crime was first recognized in the earliest surviving legal codes, which
were developed by the Babylonians and the Hebrews, and later in legal codes
developed by the Romans. King Dungi of Sumer (an era that id part of present day
Iraq) is credited with the development of the first legal codes in about 2000 BC. Its
content is known today because King Hammurabi later adopted it. The following had
been considered as the foundation of the present day CRIMINAL LAW.

1. Code of Hummurabi – (1792-1750) King Hummurabi the sixth King of Babylon write the
famous set of written law known as the Code of Hammurabi. This is preserved in basalt
rock column; Punishment was based of Physical retaliation of Lex taliones.

2. Mosaic Code – The Second of the ancient legal codes still surviving used by Israelites
in 1200 BC. According to tradition, God entered to a covenant with the tribes of Israel in
which they agree to obey his law, which we call the Ten Commandments. The Mosaic
Code is not only the foundation of Judeo-Christian moral teachings, but it is also the
basis for the U.S legal system.

3. The Roman law contained in Twelve Table- A special commission of ten noble Roman
Men formulated the Twelve Tables in response to pressure from the lower class of
society (plebeians) who believed that an unwritten code give arbitrary and unlimited
power to the wealthy classes (patricians) who serve as magistrates. These laws are rich
on dealing debt, family relations, property and other daily matters. They extended to

47
the 6th century AD when they were largely incorporated into the Justinian Code and to
match a desirable amount of punishment to all possible crimes.

Evolution of laws takes place in different places and ages (era). Dealing with
wrongdoers in different from one another especially in terms of crimes and punishment.
The common law becomes a substitutes of the ancient legal codes in England (Middle
Ages) and becomes worldwide, statutory, Civil, and Criminals Laws were being
introduced and treats different acts that deviates from norms distinctively.

The substantive or Criminal Law refers to a written code defining crimes and their
punishment. Its primary purpose is to control the behavior of people within its jurisdiction.
Though all codes have their differences, most use comparable terms, and the
behaviors they are designed to control are often quite similar. Regardless of which
culture of jurisdiction created them or when, criminal codes have several distinct
functions. The most important and common of these are the following:

1. Enforcing Social Control

2. Discouraging Revenge

3. Expressing Public Opinion and Morality

4. Deterring Criminal behavior

5. Punishing wrongdoing; and

6. Maintaining Social Order

In the Philippines, Criminal Law is the revised and amended version of the Codigo penal
de Espana, which was extended in the country by virtue of a Royal Decree of the king
of Spain, dated December 17, 1886. It took effect on July 17, 1887, after four months
and is punished in the official gazette on Manila on March 13 and 14 1887. The Codigo
penal de espana last until December 31, 1931, when it paves way to the newly
introduced revision of the Revised Penal code embodied Act 3815 that contains the
Philippine Criminal Law; and likewise, it is embodied in different special laws, decrees,

48
which are penal in nature. The Revised Penal Code was enacted on December 8, 1930,
and took effect on JANUARY 1, 1932.

SOCIOLOGY OF LAW

This refers to the study of the origin and development of Criminal law.

It is systematic analysis of the conditions under which Criminal laws developed.

Laws are enacted and promulgated to regulate the behavior of the people in the
community. It is essential to the maintenance of peace, order and stability of the
society.

Any violation, slight or serious disrupts public tranquillity. The people or individual victim
through government functionaries demand correction and seek redress. This is to bring
justice to the wronged man and to regain peace and order.

SOCIOLOGY OF LAW AND CRIMINOLOGY

One among the various employment opportunities of a criminology graduate is to be

employed in the Law Enforcement of public safety service.

One of the main tasks of Law Enforcers is to implement the law which they are sworn to
enforce. It is imperative for a Criminology Student or Practitioner to understand and
comprehend the laws they are tasks to enforce.

Law is a rule of conduct promulgate by duly constituted authorities.

Laws are enacted for governance. It is intended for the general welfare of the people.

Under the social contract theory, laws are important covenant between the state and
inhabitants to instil and induce obedience.

In effect, social contract is a means used for social control. The people will behave as
they please if there is no social contract.

49
Social control is the sum of all the means used by society to discourage and prevent
anti-social conduct.

In the early times, there were no laws or few laws are enacted. What governs the
conduct of the individuals was the law of retaliation (Lex Talionis) or the survival of the
fittest.

KINDS OF LAWS

Laws are classified in different ways. As to origin source, laws and classified as:

1. Natural/ Devine Law

The source of this law is the Devine Providence.

Example: The ten (10) Commandments

2. Man- Made Laws

These laws are created by men. These are derived from any of the following:

a. Executive Act

Examples: Executive Order

Presidential Proclamation

b. Constitution

Examples: 1935 Constitution

1973 Constitution

1987 Constitution

c. International Law

Examples: Treaty

Stipulation

Agreement

50
d. Congressional Act

Examples: Commonwealth Act

Republic Act

Batas Pambansa

A. LIMITATIONS ON THE LAW MAKING POWER OF COGRES

In the Philippines, the law making body or the power to enact laws is lodge to the
Legislative body or congress. This power has two limitations. The congress cannot enact.

1. Bill of Attainder

This is law, which allows condemnation without judicial trial.

It is prohibited because it allows conviction without the observance of due process.

Under Section1, Article III of the 1978 Constitution, It provides that no person shall be
deprived of his life, liberty, and property without due process.

2. Ex Post Facto Law

Is a law making certain act punishable even if the act is not punishable at the time of
commission.

It is an accepted principle in Criminal Law that there is no Crime where there is no Law
violated. (Nullum Crimen, Nulla Poena Cine Lege). It is the absence of the law and not
the absence of knowledge on the existence of the law that makes the act not
punishable.

On the contrary, other writings illustrates that there is no Crime where there is no law
(Logomacy). In this regards, it is the law that consider certain act as crime. For example,
Rape is a crime because it is provided by Act. No.3815 (as amended) as a crime or
felony. Had it not for this law, the act of having carnal knowledge with another against
his or her will is in no way be considered as a crime, much more a rape hence it is not
punishable.

51
This claim (Logomacy) could be correct but cannot be accepted as valid argument. It
has been said that the purpose of the law is to regulate the conduct of the people
living in the society. This is for common good toward the attainment of peace. Could
there be peace and other in the absence of law?

Moreover, should there be acts which are highly reprehensive it should first be defined
by law in order not to sacrifice the essence of due process. On the other hand, when a
certain act is already defined as crime and granting that it all passed the test and
validity, the law has to be enforced no matter how drastic it will be in the eyes of the
offender. As the maxim goes “Dura Lex Ced Lex” (the law harsh but it is still the law)

STUDY OF CRIMINAL LAW

As regards to human laws, the concern of the Criminology practitioners is more on

Criminal Law. It is the implementation and enforcement of the criminal law as this
defines Felony, Crime, Offence, Infraction and misdemeanors.

IMPORTANT DEFINITIONS

 Criminal Law is branch of public law which defines crimes, treat of their nature and
provide punishable.

 Crime is an act or omission in violation of public law forbidding or commanding it.

 Act is any bodily movement which produces effect the outside world.

 Omission is the failure to perform a positive duty.

Illustrations:

To take the property of another against the latter’s concent is a crime (Theft) defined
under the Revised Penal Code. The one who committed this act (Theft) violate the law
(Criminal Law) which prohibited (Forbid) the act of taking one’s property. This is a crime
by commission.

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IMPORTANT THEORIES OF CRIMINAL LAW

The different schools of thought (Philosophies) in Criminal law are:

1. Classical

It is also known as juristic Philosophy because it is rigid or legalistic.

2. Positivist

It is also known as Realistic Philosophy because the approach is more humane.

3. Eclectic

It is also known as Mixed Philosophy because it combines the good features of

classical and positivist philosophy.

B. CHARACTERISTICS OF CLASSICAL AND POSITIVIST

CLASSICAL POSITIVIST

1. The purpose of imposing the The purpose of imposing the penalty is

penalty is RETRIBUTION, to make the REFORMATION, to correct or reform the
offender suffer to the same extent wrong doer.
as his victim has suffered.
2. The penalty is applied in a The penalty is applied only after a panel
MECHANICAL MANNER with little of SOCIAL SCIENTIST had examined the
regard to the human element offender. The penalty is applied NOT in a
involved in the crime. Mechanical Manner.

3. Man is regarded as MORAL Crimes are regarded as SOCIAL

CREATURE who understands what is PHENOMENON which constrains man to
right or wrong so that if a man do wrong although it is not nature to do
voluntarily committed a crime, he so. Crimes are considered environmental.
must face the consequences of the
crime.
4. The emphasis is on the CRIME The emphasis is on the CRIMINAL rather
rather than the criminal. than on the crime.

53
CHARACTERISTICS OF CRIMINAL LAW

Three (3) Main Characteristics of Criminal Law are:

1. Generality (refers to Person)

General, in that Criminal Law is binding on all persons who live or sojourn in the
Philippines Territory.

Exceptions:

a. Head of State

b. Foreign Diplomats, Ambassador who are duly accredited.

c. Foreign troops permitted to march within a territory.

2. Territory (refers to place)

Territory, in that Criminal Law undertakes to punish crimes committed within the
Philippines territory.

Exception:

a. That instance enumerated under Art No. 3815 otherwise known as the Revised
Penal Code.

b. Those who are excluded by provisions of treaty, and operation of international

law under principle of reciprocity.

3. Prospectively (refers to time)

Prospective, in that penal law cannot make an act punishable in a manner in which it
was not punishable when committed.

Exception:

a. When the law is more lenient or favorable to the accused.

b. When the offender is not a habitual delinquent.

54
Exception to the exception:

a. Where the new law is expressly made inapplicable.

b. Where the offender is a habitual delinquent.

Other Characteristics of Criminal law:

1. Uniform in application

2. Specific and Definite

It is fundamental principle in law that when a certain act is considered as crime offense,
the law must give strict definition of a specific acts which constitutes as an offense.

Where there is doubt on the meaning of what constitute on offense, it shall be construct
liberally or in favor of the accused and strictly against the state.

3. It must be a penal sanction or punishment

Laws are made to regulate the society’s act and to induce obedience. Penal laws
which do not provide sanction are difficult, if not impossible to enforce.

While punishment alone does not deter criminals, this will lessen the occurrence of
crime.

Generally, Criminal laws are enacted by the legislative body (congress). These are
National in scope. Ordinances which are penal in nature are enacted by local
legislative body (Municipal Council) and are Local in scope.

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 Chapter 5

PENOLOGY

Penology- is branch of criminology concerned with study of punishment for crimes or of

criminal’s offenders. It includes the study of control and prevention of crime through
punishment of criminal’s offenders.

Penology- is a term derived from the Latin word “POENA” which means pain and
suffering.

Penology- is otherwise known as Penal Science. It is actually a division of criminology

that deals with prison management and the treatment of offenders, and concerned
itself with the philosophy and practice of society in its effort to repress criminal activities.

Correction- is branch of the criminal justice system concern with the custody,
supervision and rehabilitation of criminal offenders, it is the field of criminal justice
administration, which utilizes the body of knowledge and practice of the government
and society in general involving the processes of handing individual who have been
convicted of offense for purposes of crime prevention and control.

Two Approaches of Correction

1. Institutional Correction (Institution-based correction) – rehabilitation or correctional

programs take place inside correctional facilities or institutions such as national
penitentiaries or jails.

2. Non-Institutional Correction (Community-based correction) – rehabilitation or

correctional programs take place within the community. In this approach the convict
will not be placed or be released from correctional facility or jails.

Concept of Penalty

Penalty in general signifies pain; especially considered in judicial sphere, it means

suffering undergone because of the action of human society, by one who commits
crime.

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Ancient Forms of Punishment

1. Death Penalty – this was affected by burning, boiling oil, breaking at the wheel,
drowning, whipping, ect.

2. Physical Torture – this was the so-called corporal punishment, which was effective by
mutilation, maiming, whipping, ect.

3. Social Degradation – the purpose of this is to put the offender to shame or

humiliation. This was effective by branding, use of ducking stool, stocks or pillory, ect.

4. Banishment – this is the sending or putting away of an offender which was carried out
either by a prohibition against coming into a specified territory, such as an island to
where the offender has been removed.

Contemporary Forms of Punishment

1. Imprisonment – putting the offenders in prison for purpose of protecting the public
and at the same time rehabilitating them by requiring the offenders to undergo
institutional treatment program.

2. Parole- it is a conditional release after the prison has serve part of his sentence and
supervision of a parole officer.

3. Probation – a disposition 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 for 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 kilometer perimeter.

Juridical Conditions of Penalty

1. Must be productive of suffering without however affecting the integrity of the

personality;

57
2. Must be commensurate with the offense of different penalties;

3. Must be personal, no one should be punished for the crime of others;

4. Must be legal, it is the consequence of judgment based of law;

5. Must be certain, no one may escape its effect;

6. Must be equal to all persons

7. Must be correctional

THEORIES IN JUSTIFICATION OF PENALTIES

1. PREVENTION – the state must punish the criminal to prevent or suppress the danger to
the state arising from the criminal acts of the offender.

2. SELF-DEFENSE – the state has the right to punish the criminals as a measure of self-
defense so as to protect society from the threat and wrong inflicted by the criminal.

3. REFORMATION – the objective of punishment is to correct and reform the offenders.

4. EXEMPLARITY – the criminal is punished to serve as an example to deter offenders.

5. JUSTICE – the crime must be punished by the state as an act of retributive justice a
vindication of absolute right and moral law violated by the criminal.

3-FOLD PURPOSE OF PENALTIES ACCORDING TO REVISED PENAL CODE:

1. Retribution or Expiation

2. Correction or Reformation

3. Special Defense

Corrections and Society: Its Principle

I. Major reasons for punishing a lawbreaker

1. Rehabilitation

a. Treat and reform lawbreaker

58
b. Belief that wrongdoers should have programs to assist in becoming a productive
member of society
C. Prison system needs to provide :
- Job training
- Psychological counseling
- Educational programs
2. Restitution

a. Seeks repayment

b. Offender repays victim or community in money or service

3. Incapacitation

a. Isolate criminal from society to protect ordinary citizens

b. Confinement makes it impossible for a criminal to commit further crimes

4. Deterrence

a. Seeks to prevent further crimes

b. Operates in two ways.

1. Specific deterrence

1. Targets criminal in question

2. Relates a memory of harsh punishment to deter the criminal from any further crime

2. General deterrence

1. Targets other potential criminal

2. Others see the harsh punishment and be discouraged from committing a similar
crime

5. Retribution

a. Seeks revenge

59
b. Oldest theory of punishment

c. An eye for an eye.

d. Critics state that it is too cruel for a modern society

THE CRIMINOLOGICAL THEORIES (On Punishment)

1. CLASSICAL THEORY – the basis for the retributive and punitive aspect of
punishment where it emphasizes that the nature of punishment must be equal to
the nature of crime. (“The punishment must Fit the Crime”)

2. NEO-CLASSICAL THEORY – it supported the Classical Theory but it must be

modified in consideration of the child and lunatic individual.

3. POSITIVIST THEORY – just like illness, man may be subjected to cure rather than
punishing them for their act. It is through this that the word CORRECTION &
REHABILITATION considered as a means of controlling the society’s anti-social
act.

A. CHARACTERISTICS OF CLASSICAL AND POSITIVIST

CLASSICAL POSITIVIST

5. The purpose of imposing the The purpose of imposing the penalty is

penalty is RETRIBUTION, to make the REFORMATION, to correct or reform the
offender suffer to the same extent wrong doer.
as his victim has suffered.
6. The penalty is applied in a The penalty is applied only after a panel
MECHANICAL MANNER with little of SOCIAL SCIENTIST had examined the
regard to the human element offender. The penalty is applied NOT in a
involved in the crime. Mechanical Manner.

7. Man is regarded as MORAL Crimes are regarded as SOCIAL

CREATURE who understands what is PHENOMENON which constrains man to
right or wrong so that if a man do wrong although it is not nature to do
voluntarily committed a crime, he so. Crimes are considered environmental.
must face the consequences of the
crime.
8. The emphasis is on the CRIME The emphasis is on the CRIMINAL rather
rather than the criminal. than on the crime.

60
 Chapter 6

VICTIMOLOGY

Victimology is a branch of criminology which examines the role played by the victim in
a criminal incident. In simpler terms, it is the study of the victims of crime.

The criminal justice system spends the bulk of its time and energy trying to control
criminals it was within this preoccupation of understanding criminal activity and
identifying the causes of criminal behaviour that the victim was “rediscovered” in the
1940s. Interestingly, the victim emerged not as an individual worthy of sympathy or her
own demise. Students of criminal behaviour began to look at the relationship between
the victim and the offender in the hopes of better understanding the genesis of the
criminal act (Doerner & Lab, 2012).

Of course, there is no way that a victim should be blamed for becoming one. Every
individual has the right to give and to be spared from the risks and gars of a violent
crime. Yet, the fact remains that to understand the offender, one must first understand
the victim.

It was the scientist Hans von Hentig, a victim of Nazi persecution, who focused
criminologists’ attention to the significance of the victim in criminal activity. His book The
Criminal and His Victim may be said to have founder victimology as a new branch of
study.

Goals of Victimology

The study of victimology focuses on five goals:

1. To understand and measure the extent and nature if crime as victims perceive
them.

2. To assess the relative risk of victimization.

3. To appreciate the nature and extent of losses, injuries, and damages experienced
by victims of crime.

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4. To study the relation between victim and offender.

5. To investigate the social reaction of the family, community, and society toward the
victim of crime.

General Classes of Victims (Hans von Hentig)

1. The young – weak by virtue of age and immaturity

2. The female – often less physically powerful than the male.

3. The old – incapable of physical defense, and the object of confidence schemes.

4. The mentally Defective – unable to think clearly, e.g. the feeble-minder, the insane.

5. The immigrants – unsure of the rules of conduct in the surrounding society.

6. The Minorities – Racial prejudice may lead to victimization or unequal treatment by

the agencies of justice.

7. The Dull Normals – the simple-minded person, the “born victims of swindlers”

Psychological Types of Victims (Hans von Hentig)

1. The depressed – submissive by virtue of emotional condition.

2. The acquisition or Greedy – always wanting more, looking for quick gains.

3. The wanton or Overly Sensual – ruled by passion and thoughtlessly seeking pleasure,
e.g. promiscuous persons.

4. The lonesome – similar to the acquisitive of victim by virtue of waiting

companionships or affection.

5. The heartbroken – those suffering from heartaches and pain.

6. The Tormentor – a victim who asked for it, often from his or her own family and
friends.

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Benjamin Mendelsohn

Another pioneer in the field of victimology was Benjamin Mendelsohn, European

defense lawyer. In the fact he has been referred to as the “father” of victimology,
having coined this term. Mendelsohn, just like von Hentig, was intrigued by the
dynamics that take place between victims and offenders. He came up with his own
typology of victims with six categories.

1. Completely Innocent Victim – there is no provocation or facilitating behaviour.

2. Victim with Minor Guilt – Victim inadvertently places himself in a compromising

situation.

3. Victim as Guilty as Offender – victim was engaging in vice crimes and was hurt, e.g.
suicide victim.

4. Victim More Guilty Than Offender – victim provoked or instigated the causal act.

5. Most Guilty Victim – victim started off as the offender and was hurt in turn.

6. Imaginary Victim – victim pretends to be one due to a mental disorder.

Stephen Schafer

One of the earliest victimologists, Stephen Schafer (1968) wrote The Victim and His
Criminal: A Study in Functional Responsibility. Much like von Hentig and Mendelsohn,
Schafer also proposed a victim typology. Using both social characteristics and
behaviors, his typology places victims in groups based on how responsible they are for
their own victimization. In this way, it includes facets of von Hentig’s typology based on
personal characteristics and Mendelsohn’s typology rooted in behavior. He argued that
people have a functional responsibility not to provoke others into victimizing or harming
them and that they also should actively attempt to prevent that from occurring.

He identified seven categories and labeled their levels of responsibility as follows:

1. Unrelated victims—no responsibility

2. Provocative victims—share responsibility

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3. Precipitative victims—some degree of responsibility

4. Biologically weak victims—no responsibility

5. Socially weak victims—no responsibility

6. Self-victimizing—total responsibility

7. Political victims—no responsibility

Marvin Wolfgang

The first person to empirically investigate victim precipitation was Marvin Wolfgang
(1957) in his classic study of homicides occurring in Philadelphia from 1948 to 1952. He
examined some 558 homicides to see to what extent victims precipitated their own
deaths. In those instances in which the victim was the direct, positive precipitator in the
homicide, Wolfgang labeled the incident as victim precipitated. For example, the
victim in such an incident would be the first to brandish or use a weapon, the first to
strike a blow, and the first to initiate physical violence. He found that 26% of all
homicides in Philadelphia during this period were victim precipitated.

Beyond simply identifying the extent to which homicides were victim precipitated,
Wolfgang also identified those factors that were common in such homicides. He
determined that often in this kind of homicide, the victim and the offender knew each
other. He also found that most victim-precipitated homicides involved male offenders
and male victims and that the victim was likely to have a history of violent offending
himself. Alcohol was also likely to play a role in victim-precipitated homicides, which
makes sense, especially considering that Wolfgang determined these homicides often
started as minor altercations that escalated to murder.

Since Wolfgang’s study of victim-precipitated homicide, others have expanded his

definition to include felony-related homicide and subintentional homicide.
Subintentional homicide occurs when the victim facilitates his or her own demise by
using poor judgment, placing himself or herself at risk, living a risky lifestyle, or using
alcohol or drugs. Perhaps not surprising, a study of subintentional homicide found that
as many as three-fourths of victims were subintentional (N. H. Allen, 1980).

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Menachem Amir

The crime of rape is not immune from victim-blaming today, and it certainly has not
been in the past either. Menachem Amir, a student of Wolfgang’s, conducted an
empirical investigation into rape incidents reported to the police. Like Wolfgang, he
conducted his study using data from Philadelphia, although he examined rapes that
occurred from 1958 to 1960. He examined the extent to which victims precipitated their
own rapes and identified common attributes of victim-precipitated rape.

Amir labeled almost 1 in 5 rapes as victim precipitated. He found that these rapes were
likely to involve alcohol and that the victim was likely to engage in seductive behavior,
wear revealing clothing, use risqué language, and have a bad reputation.

What Amir also determined was that it is the offender’s interpretation of actions that is
important, rather than what the victim actually does. The offender may view the
victim—her actions, words, and clothing—as going against what he considers
appropriate female behavior. In this way, the victim may be viewed as being “bad” in
terms of how women should behave sexually. He may then choose to rape her
because of his misguided view of how women should act, because he thinks she
deserves it, or because he thinks she has it coming to her. Amir’s study was quite
controversial—it was attacked for blaming victims, namely women, for their own
victimization.

THE NATURE OF VICTIMIZATION

Victim Characteristics

Social and demographic characteristics distinguish victims and nonvictims. Among

them are age, gender, social status, marital status, race and residence.

 Age – victim data reveal that young people face a much greater victimization risk
than do older persons.

 Gender – Except for the crimes of rape and sexual assault, made are more likely
than females to suffer violent crime. Men are twice as likely as women to experience
aggravated assault and robbery. Women however, are six times more likely than

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 men to be victims of rape or sexual assault. When men are the victims of violent
crime, the perpetrator is stranger; women are much more likely to be attacked by a
relative than are men. About two-thirds of all attacks against women are committed
by a husband, boyfriend, family member, or acquaintance.

 Social Status - people in the lowest income categories are much more likely to
become crime victims than those who are more affluent. Poor individuals are most
likely the victims of crime because the live in crime-prone areas, such as the slums
and urban areas. Although the poor are more likely to suffer violent crimes, the
wealthy are more likely to be targets of personal theft crimes, such as pocket
picking and pursue (bag) snatching.

 Marital Status – Divorced and never-marries males and females are victimized more
often than marries people. Windows and widowers have the lowest victimization risk.

 Race – In the U.S., African Americans (Blacks) are more likely than whites to be
victims of violent crime.

 Residence – Urban residents are more likely than rural or sub-urban residents to
become victims of crime.

The Role of the Victim in Crime: Victim Precipitation, Victim Facilitation, and Victim
Provocation

Although the field of victimology has largely moved away from simply investigating how
much a victim contributes to his/her own victimization, the first forays into the study of
crime victims were centered on such investigations. In this way, the first studies of crime
victims did not portray victims as innocents who were wronged at the hands of an
offender. Rather, concepts such as victim precipitation, victim facilitation, and victim
provocation developed from these investigations.

Victim precipitation is defined as the extent to which a victim is responsible for his or her
own victimization. The concept of victim precipitation is rooted in the notion that,
although some victims are not at all responsible for their victimization, other victims are.
In this way, victim precipitation acknowledges that crime victimization involves at least

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two people—an offender and a victim—and that both parties are acting and often
reacting before, during, and after the incident. Identifying victim precipitation does not
necessarily lead to negative outcomes. It is problematic, however, when it is used to
blame the victim while ignoring the offender’s role.

Victim facilitation occurs when a victim unintentionally makes it easier for an offender
to commit a crime. A victim may, in this way, be a catalyst for victimization. A woman
who accidentally left her purse in plain view in her office while she went to the restroom
and then had it stolen would be a victim who facilitated her own victimization. This
woman is not blameworthy—the offender should not steal, regardless of whether the
purse is in plain view. But the victim’s actions certainly made her a likely target and
made it easy for the offender to steal her purse. Unlike precipitation, facilitation helps
understand why one person may be victimized over another but does not connote
blame and responsibility.

Victim provocation occurs when a person does something that incites another person
to commit an illegal act. Provocation suggests that without the victim’s behavior, the
crime would not have occurred. Provocation, then, most certainly connotes blame. In
fact, the offender is not at all responsible.

Types of Characteristics That Increase the Potential for Victimization

Three types of characteristics increase the potential for victimization: (Finkelhor and
Asigian, 1996)

1. Target vulnerability – victims’ physical weakness or psychological distress renders

them incapable of resisting or deterring crime and makes them easy target.

2. Target gratifiability – some victims have some quality, possession, skill, or attribute
that an offender wants to obtain, use, have access to, or manipulate. Having
attracting possessions, such as leather coat, may make one vulnerable to predatory
crime.

3. Target antagonism – some characteristics increase risk because they arouse anger,
jealousy, or destructive impulses in potential offender. Being gay or effeminate, for

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 example, may bring on underserved attacks in the street; being argumentative and
alcoholic may provoke assault.

Who fears Crime?

Survey reveals some of us the difference in the public’s fear of crime. Among these
differences are the following.

 Gender – Females are more fearful than males.

 Race/Ethnicity – Nonwhites are more fearful than whites.

 Age – people 30 years old and older are slightly more fearful than people less than
30 years old.

 Religion – Jews are more fearful than protestants or Catholic

 Community – People living in urban areas are more fearful than people living in rural
areas.

 Region – Easterners and Southerners are more fearful than Westerners and
Midwesterners.

 Education – The Higher the level of education of a person, the lower is the person’s
fear for crime.

 Income - Fear of crime victimization declines with increasing family income.

Theories of Victimization

For many years Criminological theories focused on the actions of the criminal offender;
the role of the victim was virtually ignored. In contrast, modern victimization theories
already acknowledge that the victim is not a passive target in crime, but someone
whose behaviour can influence his or her own fate.

1. Victim Precipitation Theory – According to this view, some people may actually
initiate the confrontation that eventually leads to their injury or death. Victim
precipitation can be either active or passive, active precipitation occurs when

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 victims act provocatively, use threats or fighting words or even attack first. Passive
precipitation, on the other hand, occurs when the victim exhibits some personal
characteristics that unknowingly threaten or encourage the attacker. The crime
can occur because of personal conflict – for example when two people compete
over a job, promotion, love interest, or some other scarce and in demand
commodity.

2. Lifestyle Theory – According to this theory, people may became crime victims
because their lifestyle increases their exposure to criminal offenders. Victimization
risks increase by such behaviors as associating with young men, going out in public
places late at night, and living in an urban area. Conversely, one’s chances of
victimization can be reduced by staying home at night, moving to a rural are,
staying out of public place, earning more money, and getting married. People who
have high-risk lifestyle –drinking, taking drugs, and getting involved in crime –
maintain a much greater chance of victimization. For example, young runaways
are at high risk for victimization; the more time they are exposed to street life, the
greater their risk of becoming crime victims.

During an investigation, victims are classified in three general categories that

describe the level of risk their lifestyle represents in relation to the violent crime that
has been committed. The importance of understanding this in an investigation is
directly related back to the level of risk to the offender during the commission of
the crime. This information is important to the investigation to betted understand
the sophistication or possible pathology of the offender.

o High-risk Victims – victims in this group have a lifestyle that makes the ma higher risk
for being a victim of a violent crime. The most obvious high risk victim is the
prostitute. Prostitute place themselves at risk every single time they go to work. They
are of high risk because they get into a stranger’s car, go to secluded areas with
strangers, and for the most part, attempt to conceal their actions for legal reason.
Offenders target prostitutes because such conditions lower their chances of
becoming suspects in the crime. Therefore, in thus example, the prostitute is a high
risk victim creating a lower risk to the offender,

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o Moderate-Risk Victim – victims that fall into this category are lower risk victims, but
for some reason were in a situation that place them in a greater level of risk. A
person that is stranded on a dark, secluded highway due to a flat tire and accepts
a ride from a stranger and is then victimized, would be a good example of this type
of victim level risk.

o Low-Risk Victims – The lifestyle of those individuals would normally not place them in
any degree of risk for becoming a victim of a violent crime. These individuals stay
out of trouble, do not have peers that are criminal, are aware of their surroundings,
and attempt to take precautions so as not used drugs, and do not go into areas
that are dark and secluded.

The Chart that follows shows variables that should be considered when gathering
information on a victim.

Gender/Age Interpersonal Life Insurance? Lifestyle: Habits,

Relationship: Social, Frequented,
Sexual, Family. Locations,
Economic Status.

Risk Level How would the Mental Stability Physical Handicaps

victim react to an
attack?
Passive/aggressive?

Future Plans Employment/Income Personality Previous

Victimization

Family/Marital Friends: Number & Education Alcohol/Drug Use

Status Type – Enemies

Normal Dress Style Mode of Medical History Criminal Justice

Transportation System History

Leisure Dating/Sexual Habits Reputation Likes/Dislikes/Fears

Activities/Hobbies

After all the information has been gathered, a timeline of events leading up to the
crime should be created in order to better understand how this specific individual
became a victim of a violent crime.

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3. Deviant Place Theory – According to this theory, victims do not encourage crime but
are victim-prone because they reside in socially disorganized high-crime areas
where they have the greatest risk of coming into contact with criminal offenders.\

4. Routine Activity Theory – This theory was first articulated by Lawrence Cohen and
Marcus Felson. They conclude that the volume and distribution of predatory crime
(violent crimes against a person and crimes in which an offender attempts to steal
an object directly are closely related to the interaction of three variables that reflect
the routine activities:

a. The availability of suitable targets, such as homes containing easily saleable goods.

b. The absence of capable guardians, such as police, homeowners neighbors friends,

and relatives.

c. The presence of motivated offenders, such as a large number of unemployed

teenagers.

Psychological Effects of Victimization

Research in America suggested that crime victims can suffer any of the following
reactions: (Kahn, 1984 as cited by Ainsworth, 2000).

 Depression (Posttraumatic Stress Disorder):

 Anxiety;

 Paranoia;

 Loss of Control;

 Shame;

 Embarrassment;

 Vulnerability;

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 Helplessness;

 Humiliation

 Anger;

 Shock

 Feelings of inequity;

 Increased awareness of mortality;

 Tension; and

 Fear;

Other effects of crime to victims included loss, suffering fear (fear for other), Obsessive-
compulsive Disorder (extreme preoccupation with certain thoughts and compulsive
performance of certain behaviors), and antisocial behaviour. Also there is growing
evidence that people who are crime victims also seem more likely to commit crime
themselves.

Services Provided to Victims

Being at their most vulnerability state after that crime experience, the victims are in
need of some support to easily cope. Some of the services provided to the included:

 Assistance to victims who report crimes.

 Responding at the scene of rime in order to provide crisis counselling.

 Providing 24-hour telephone hot-line service to victims and witnesses.

 Making emergency monetary aid available to victims.

 Providing victims with referral services to appropriate agencies.

 Helping Victims obtain the return of property

 Assisting victims and witnesses throughout their court appearances

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 Chapter 7

CRIMINOLOGY PROFESSION IN THE PHILIPPINES

Terminology and Concept of R.A. 11131

REPUBLIC ACT No. 11131

AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES,

AND APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO.
6506, OTHERWISE KNOWN AS "AN ACT CREATING THE BOARD OF EXAMINERS FOR
CRIMINOLOGISTS IN THE PHILIPPINES"

Section 2. Statement of Policy. - The State recognizes the importance of criminology

profession in national security, public safety, peace and order, and in nation-building
and development. Hence, it shall develop and nurture competent, virtuous, productive
and well-rounded criminologists whose standards of professional practice and service
shall be excellent, qualitative, world-class and globally competitive through sacred,
honest, effective and credible licensure examinations, coupled with programs and
activities that would promote professional growth and development.

Section 3. Objectives. - This Act shall govern:

(a) The examination, registration and licensure for criminologists;

(b) The supervision, control and regulation of the practice of criminology;

(c) The standardization and regulation of criminology education;

(d) The development of the professional competence of criminologists through

Continuing Professional Development (CPD); and

(e) The integration of all criminology professional groups, and membership of all
registered criminologists to the accredited professional organization.

Section 4. Definition of Terms. - As used in this Act, the following terms shall be defined
as follows:

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(a) APO refers to the Accredited Professional Organization of criminologists, that the
Professional Regulatory Board of Criminology created hereunder and, hereinafter
referred to as the Board, as the one and only recognized and accredited integrated
national organization of criminologists, subject to the approval of the Professional
Regulation Commission (PRC) hereinafter referred to as the Commission created under
Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000";

(b) Board refers to the Professional Regulatory Board for Criminologists created
hereunder;

(c) CHED refers to the Commission on Higher Education (CHED) created under Republic
Act No. 7722, otherwise known as "Higher Education Act of 1994", in the formulation of
policy standards, and monitoring of the criminology education in the country, which
shall be assisted by the Criminology Technical Panel composed of the president of the
APO, Chairperson of the Board of Criminology, one (1) from the academe, and two (2)
from the law enforcement agencies;

(d) Commission refers to Professional Regulation Commission (PRC) hereinafter referred

to as the Commission created under Republic Act No. 8981, otherwise known as the
"PRC Modernization Act of 2000";

(e) Criminology refers to the scientific study of crimes, criminals, and victims, it also deals
with the prevention, and solution of crimes;

(f) Profession refers to the art and science in the practice of criminology discipline; and,

(g) Registered criminologist refers to a natural person who holds a valid certificate of
registration and an updated professional identification card as criminologist issued by
the Board and the Commission pursuant to this Act.

Section 5. Scope of Practice. - The practice of criminology shall include, but shall not be
limited to, acts or activities performed:

(a) In line with the practice of profession or occupation as a law enforcement

administrator, executive, adviser, consultant, officer, investigator, agent or employee in
any private or government agencies performing law enforcement and quasi-police

74
functions at the Philippine National Police (PNP), the National Bureau of Investigation
(NBI), the Philippine Drug Enforcement Agency (PDEA), the Bureau of Fire Protection
(BFP), the Bureau of Jail Management and Penology (BJMP), the Provincial Jail, the
Bureau of Corrections (BUCOR), the Probation and Parole Administration (PPA), the
Bureau of Internal Revenue (BIR), the Bureau of Customs (BoC), the Bangko Sentral ng
Pilipinas (BSP), other government and private banks, the Philippine Postal Corporation
(PPC), the Sea and Air Marshalls, the VIP Security, Airport and Seaport Police, the
National Intelligence Coordinating Agency (NICA), the Intelligence Service of the
Armed Forces of the Philippines (ISAFP), and other intelligence service or agencies of
the government exercising similar functions;

(b) In line with the practice of teaching profession such as those performed by a
professor, instructor or teacher in any university, college or school duly recognized by
the government of any of the following professional and component subjects of the
criminology program: (1) Criminal Jurisprudence and Procedure; (2) Criminalistics; (3)
Law Enforcement Administration; (4) Crime Detection and Investigation; (5)
Correctional Administration; and (6) Criminal Sociology and Ethics, and other technical
and specialized subjects in the criminology curriculum provided by the CHED;

(c) As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned

document, deoxyribonucleic acid (DNA), lie detection, firearms identification, forensic
photography, forensic chemistry and other scientific crime detection and investigation;

(d) As a correctional administrator, executive, supervisor, or officer in any rehabilitation,

correctional, and penal institution or facility, and in any community-based corrections,
and rehabilitation agencies and/or programs;

(e) As a counsellor, consultant, adviser or researcher in any government or private

agency on any aspect of criminological research or project involving the causes of
crime, children in conflict with the law, treatment of offenders, police operations, law
enforcement administration, scientific criminal investigation or public safety and
national security administration; and

75
(f) As a private investigator, administrator, consultant or agent, or detective in any
private security and investigation agency organized under the laws of the Philippines.

The Board, in consultation with the APO and the academe, subject to the approval of
the Commission, may revise, exclude from or add to the above enumerated acts or
activities as the need arises to conform with the latest trends in the practice of
criminology in the country.

ARTICLE IV – Practice of Criminology

Section 27. Lawful Practitioners of Criminology. - The following persons shall be

authorized to practice the criminology profession:

(a) Natural persons:

(1) Duly registered criminologists and holders of valid certificates of registration

and valid professional identification cards issued by the Board and the
Commission pursuant to this Act; and

(2) Holders of valid temporary/special permits issued by the Board and the
Commission to foreign licensed criminologists pursuant to this Act.

(b) Juridical persons:

(1) Single proprietorship whose owner and technical staff are registered
criminologists;

(2) Partnership duly registered with the Securities and Exchange Commission
(SEC) as professional partnership pursuant to the Civil Code and composed of
partners majority of whom are registered criminologists;

(3) Corporation duly registered with the SEC as engaged in the practice of
criminology and with officers and Board of Directors who are all registered
criminologists; and

76
 (4) Association and cooperative duly registered with the appropriate
government agency as a non-stock corporation where majority of the officers,
Board of Trustees and members are registered criminologists.

These juridical persons shall also be registered with the Board and the
Commission in accordance with the rules and regulations thereon.

Section 29. Foreign Reciprocity. - No foreigner shall be allowed to take the licensure
examination for criminologists, register, receive ones certificate of registration and
professional identification card, and practice criminology in the Philippines unless the
requirements for the licensure examination and/or registration and practice of
criminology imposed under the laws and regulations in the foreign country/state are
substantially the same as those required and contemplated by the Philippine laws and
regulations, and unless the foreign laws and regulations allow Philippine citizens to
practice criminology within the territory of the foreign country/state on the same basis
and grant the same privileges as those enjoyed by the citizens, subjects or nationals
thereof.

ARTICLE V - Privileges Of Registered Criminologists

Section 34. Privileges of Registered Criminologists. - All registered criminologists shall be

exempt from taking any other entrance or qualifying government or civil service
examinations and shall be considered civil service eligible to the following government
positions, among others: (1) Dactylographer; (2) Ballistician; (3) Questioned Document
Examiner; (4) Forensic Photographer; (5) Polygraph Examiner; (6) Probation Officer; (7)
Parole Officer; (8) Special Investigator; (9) Special Agent; (10) Investigative Agent; (11)
Intelligence Agent; (12) Law Enforcement Evaluation Officer; (13) National Police
Commission (NAPOLCOM) Inspector; (14) Traffic Operation Officer; (15) Associate Graft
Investigation Officer; (16) Special Police Officer; (17) Safekeeping Officer; (18) Sheriff;
(19) Security Officer; (20) Criminal Investigator; (21) Warden; (22) Reformation Officer;
(23) Firefighter; (24) Fire Marshall; (25) Jail Officer up to the rank of Jail Superintendent;
(26) Police Officer up to the rank of Police Superintendent and other law enforcement
agencies, and agencies under the Criminal Justice System.

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Section 35. Preference of Appointment in Government Criminal Justice and Other
Government Institutions. - Registered criminologists shall enjoy priority of appointment
and shall not be required to take any qualifying or entrance examinations in the PNP,
the NBI, the BJMP, the BFP, the Land Transportation Office (LTO) and other government
positions related to criminology, police and law enforcement work, investigations and
security, corrections and public safety of the following bureaus, departments, institutions
or agencies of the government: the Department of Justice (DOJ); the Commission on
Human Rights (CHR); the Office of the Ombudsman; the Philippine Ports Authority (PPA);
the Commission on Elections (COMELEC); the Bureau of Treasury (BoT); the Philippine
Amusement and Gaming Corporation (PAGCOR); the Department of Environment and
Natural Resources (DENR); the Department of Tourism (DOT); the Department of Trade
and Industry (DTI); the Armed Forces of the Philippines (AFP); the Bureau of Immigration
(BI); the BoC; the Department of Transportation (DOTr); the Air Transportation Office
(ATO); the Civil Aviation Authority of the Philippines (CAAP); the BSP; the BIR; the CHED;
the City/Municipal Security Office; the Provincial Jail; the Provincial Security Office; the
Metro Manila Development Authority (MMDA); the Supreme Court and lower courts;
the Security Consultation; the Social Security System; the NAPOLCOM; the Autonomous
Region in Muslim Mindanao (ARMM); the Optical Media Board; the Intellectual Property
Rights Office; the PDEA; the Public Attorney's Office (PAO); the PPC; government-
owned and -controlled corporations and other government agencies with positions
involving the practice of criminology.

Section 36. Lateral Entry of Registered Criminologists. - Registered criminologists who are
not in the government service shall be eligible and given preference for appointment
via lateral entry as Police, Fire, and Jail Inspectors or its equivalent in the PDEA, NBI, and
other law enforcement agencies: Provided, That they possess the general qualifications
for appointment as provided in the existing laws on appointment of Police Officers in
the PNP, BJMP, BFP, PDEA, or NBI: Provided, further, That those who are already in the
police, fire, and jail service as non-commissioned officers and who are already
registered and licensed criminologists shall be given preference for lateral entry.

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Salient Features of R.A. 11131

ARTICLE II - Professional Regulatory Board For Criminologists

Section 6. Creation, and Composition of the Professional Regulatory Board for

Criminologists. - There is hereby created a Professional Regulatory Board for
Criminologists, a collegial body under the administrative supervision and control of the
Commission, to be composed of a Chairperson and four (4) members appointed by the
President of the Philippines from a list of three (3) recommendees for each position,
chosen and ranked by the Commission from a list of three (3) nominees for every
position endorsed by the APO. The new Board shall be organized not later than six (6)
months from the effectivity of this Act.

Section 7. Qualifications of the Chairperson and Members of the Board. - The

Chairperson and each member shall, at the time of their appointment, possess all these
qualifications:

(a) Must be a natural-born Filipino citizen and a resident of the Philippines;

(b) Must be of good moral character, good reputation and of sound mind and body;

(c) Not convicted by a court of competent jurisdiction of any offense involving moral
turpitude;

(d) Must be a graduate of Bachelor of Science in Criminology, and a holder of a Post-

Graduate Degree in Criminology or a lawyer in any reputable school recognized by the
CHED;

(e) Must be a registered criminologist with a valid certificate of registration and a valid
professional identification card, having at least ten (10) years of practice in the
profession prior to the appointment including no less than two (2) years teaching
experience of criminology or law subjects in full-time or part-time capacity in the
college of criminology or college of law recognized by the government through the
CHED;

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(f) Must be a member in good standing of the APO but not an officer or trustee thereof;
and

(g) Must not be a member of the faculty of any school, college or university where a
regular class or review course in criminology is offered, nor a member of the staff of
reviewers in a review school or center, and must not have any direct or indirect
pecuniary interest in any such institution.

Section 8. Term of Office. - The Chairperson and members of the Board shall hold office
for a term of three (3) years from the date of appointment or until their successors shall
have been qualified and appointed. They may be reappointed to the same office for
another term of three (3) years immediately after the expiry of their term: Provided, That
the holding of such position shall not be more than two (2) terms nor more than six (6)
years, whichever is longer: Provided, further, That the first Board under this Act shall hold
these terms of office: the Chairperson for three (3) years, the first two (2) members for
two (2) years, and the second two (2) members for one (1) year: Provided, finally, That
any appointee to a vacancy with an unexpired period shall only serve such period. The
Chairperson and the members shall duly take their oath of office.

Section 10. Powers, Functions, Duties and Responsibilities of the Board. - The Board shall
exercise executive, administrative, rule-making and quasi-judicial powers in carrying out
the provisions of this Act. It shall be vested with the following specific powers, functions,
duties and responsibilities:

(a) To administer, supervise, and monitor the conduct of the licensure examination,
registration, membership in the APO and the practice of criminology in accordance
with the provisions of this Act;

(b) To receive complaints and decide the matter as to the malpractices and unethical
conduct in the practice of the criminology profession;

(c) To promulgate and issue rules and regulations implementing the provisions of this
Act;

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(d) To promulgate and adopt Code of Ethics and Code of Good Governance for the
practice of criminology;

(e) To adopt an official seal of the Board;

(f) To prescribe and promulgate guidelines on the conduct of a CPD program for
criminologists in consultation with the APO;

(g) To promulgate, adopt or amend the syllabi and tables of specifications of the
subjects for the licensure examination/s in consultation with the APO, the academe,
and the CHED Technical Panel for Criminology, prepare questions for the licensure
examination which shall strictly be within the scope of the syllabi of the subjects for
examination, as well as administer and correct, and release the results of the licensure
examinations;

(h) To issue, suspend, revoke or reinstate the certificate of registration of the registered
criminologist or cancel temporary/special permit granted to foreign criminologist;

(i) To administer oaths in the performance of its functions such as, but not limited to, the
oath of a professional to successful examinees in licensure examination for criminologist
together with the APO in an appropriate mass oath-taking ceremony to be held for the
purpose;

(j) To monitor the conditions affecting the practice of criminology and whenever
necessary, adopt such measure as may be deemed proper for the enhancement of
the profession and the maintenance of high professional, ethical an^ technical
standards; for this purpose, the members of the Board, duly authorized by the
Commission, may conduct ocular inspection of establishments where criminology is
practiced, and recommend sanction as it may deem proper to the appropriate
government agency concerned;

(k) To monitor all colleges and universities offering criminology program and
recommend sanctions to the CHED or to other authorized government offices, for
noncompliance with the policies, standards, and requirements as to faculty

81
qualifications, laboratory, library, facilities and equipment, research outputs, curriculum
and administration of the criminology education;

(l) To hear and investigate cases on violations of this Act, its implementing rules and
regulations (IRR), the Code of Ethics, the Code of Good Governance and other
policies, and for this purpose, to issue summons, subpoena ad testificandum and
subpoena duces tecum to alleged violators and/or witnesses to compel their
attendance in such hearings or investigations and the production of documents in
connection therewith:

(m) To delegate to the Commission the hearing or investigation of cases against the
alleged violators: Provided, That the hearing or investigation of cases wherein the issue
or question involved strictly concerns the technical practice of criminology shall be
presided over by at least one (1) member of the Board assisted by a Legal or Hearing
Officer of the Commission;

(n) To recommend to the Commission the endorsement of cases involving criminal

violations of this Act, its IRR, and other laws to the Prosecution Office or appropriate
government agency, for investigation and appropriate action;

(o) To disqualify applicants for the licensure examination who has been previously
convicted of a crime with finality involving moral turpitude. Hear and decide
administrative cases against the examinees or registered criminologists if they have
been convicted of a crime involving moral turpitude: Provided, That if they are found
guilty, the Board shall cancel their examination papers and/or preclude them from
taking another licensure examination, or to revoke/suspend their certificates of
registration and cause the surrender of their professional identification card subject to
the rules and regulations of the PRC: Provided, further, That the decision of the Board
shall, unless appealed to the Commission, become final and executory after fifteen (15)
days from receipt of notice of judgment or decision;

(p) To conduct, through the Legal or Hearing Officers, summary proceedings against
the examinees who commit violations of this Act, its IRR, any of the Codes
aforementioned, including violation of the General Instructions to Examinees, and to

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render summary judgment thereon which shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of notice of judgment
or decision;

(q) To prepare an annual report of accomplishments on programs, projects and

activities of the Board for submission to the Commission after the close of each
calendar year and make appropriate recommendations to the Commission on issues or
problems affecting the criminology profession; and

(r) To exercise such other powers as may be provided by law as well as those which
may be implied from, or which are incidental or necessary to the effective carrying out
of the express powers granted to the Board to achieve the objectives and purposes of
this Act. The resolutions, rules and regulations and other policies issued and
promulgated by the Board shall be subject for review and approval by the Commission.

However, the Board's decisions, resolutions or orders rendered in an administrative case

shall be subject to review only if on appeal.

ARTICLE III - Examination, Registration, Certification And Licensure

Section 13. Passing of Licensure Examination Requirements. - Except as otherwise

specifically allowed under this Act, applicants for registration for the practice of
criminology shall be required to pass a licensure examination as provided for in this Act,
in such places and dates as the Commission may designate in the resolution thereof on
the Master Schedules for all licensure examinations in accordance with Section 7(d) of
Republic Act No. 8981.

Section 14. Qualifications of an Applicant for the Licensure Examination. - An applicant

for the licensure examination for criminologist shall satisfactorily prove that one
possesses the following qualifications:

(a) Must be a citizen of the Philippines or a foreign citizen whose country/state has
reciprocity with the Philippines in the practice of criminology;

(b) Must be of good moral character, good reputation and of sound mind and body
certified by the school wrhere he/she graduated and the barangay where he/she lives,

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unless the examinee is a foreign national a certification from any professional of good
standing will do;

(c) Must hold a bachelor's degree in criminology duly accredited by the CHET) and
conferred by a school/college/university duly authorized by the government or its
equivalent degree obtained by either a Filipino or foreign citizen from an institution of
learning in a foreign country/state: Provided, That it is duly recognized and/or
accredited by the CHED;

(d) Must not have been convicted of an offense involving moral turpitude by a court of
competent jurisdiction; and

(e) Those who failed five (5) times whether consecutive or cumulative in the
criminologist licensure examination, must present a certification issued by a reputable
institution duly recognized by the CHED that such applicant has satisfactorily
completed a refresher course in criminology.

Section 15. Subjects for Licensure Examination. - The licensure examination for
criminologists shall include, but shall not be limited to, the following:

Subjects Relative Weights

(a) Criminal Jurisprudence and Procedure:
Criminal Law (Book I); Criminal Law (Book II); Related Special Penal Laws;
Criminal Procedure;
Evidence;
Court Testimony - - - - - - - - - - - - - - - - - - - - - 20%
(b) Law Enforcement Administration:
Police Organization and Administration, Police Planning;
Police Patrol Operations, Police Communication System;
Police Intelligence;
Police Personnel and Records Management; Comparative Police Systems;
Industrial Security Management - - - - - - - - - - - - - - - - - - - - - 20%
(c) Crime Detection and Investigation:
Fundamentals of Criminal Investigation;

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 Special Crime, Organized Crime Investigation; Fire Technology and Arson
Investigation;
Traffic Management and Accident Investigation;
Drug Education and Investigation;
Vice Control - - - - - - - - - - - - - - - - - - - - - 15%
(d) Criminalistics:
Forensic Photography; Personal Identification; Forensic Medicine; Polygraphy;
Examination; Forensic Ballistics;
Questioned Documents - - - - - - - - - - - - - - - - - - - - - 20%
(e) Correctional Administration:
Institutional Corrections; Non-Institutional Corrections - - - - - - - - - - - - - - - - 10%
(f) Criminal Sociology:
Introduction to Criminology and Psychology of Crimes;
Philippine Criminal Justice System;
Ethics and Values;
Juvenile Delinquency and Crime Prevention;
Human Behavior and Crisis Management; Criminological Research and Statistics
- - - - - - - - - - - - - - - - - - - - - 15%

The Board, in consultation with the APO and the academe and subject to the
approval of the Commission, may revise or exclude any of the subjects with their
corresponding ratings and their syllabi, and add new ones as the need arises to
conform with technological changes brought about by developing trends in the
profession.

However, the Board may change or revise any of the above subjects in the event the
CHED shall correspondingly change the curriculum prescribed for the Degree of
Bachelor of Science in Criminology. In the conduct of the examination, the Board, in its
discretion, may give practical and field examinations in each subject, as it may deem
fit.

Section 17. Rating in the Licensure Examination. - To pass the licensure examination for
criminologist, a candidate must obtain a weighted average rating of seventy-five

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percent (75%) with no grade less than sixty percent (60%) in any given subject. In case
the examinee obtains a weighted average rating of seventy-five percent (75%) but,
has a grade below sixty percent (60%) in any of the subjects, the result of the
examinee shall be deferred, and be required to retake that particular subject/s. The
deferred examinee shall only be allowed to retake once within two (2) years from the
date of the examination, and shall be required to obtain a grade not lower than
eighty percent (80%) on the subject, to be considered to have passed the licensure
examination. If the examinee failed to retake after the lapse of two (2) years or failed
to get the passing mark of eighty percent (80%), the examinee shall retake all the
board subjects.

Any examinee who failed three (3) or more board subjects shall be deemed to have
failed the board examination.

ARTICLE V - Privileges Of Registered Criminologists

Section 34. Privileges of Registered Criminologists. - All registered criminologists shall be

exempt from taking any other entrance or qualifying government or civil service
examinations and shall be considered civil service eligible to the following government
positions, among others: (1) Dactylographer; (2) Ballistician; (3) Questioned Document
Examiner; (4) Forensic Photographer; (5) Polygraph Examiner; (6) Probation Officer; (7)
Parole Officer; (8) Special Investigator; (9) Special Agent; (10) Investigative Agent; (11)
Intelligence Agent; (12) Law Enforcement Evaluation Officer; (13) National Police
Commission (NAPOLCOM) Inspector; (14) Traffic Operation Officer; (15) Associate Graft
Investigation Officer; (16) Special Police Officer; (17) Safekeeping Officer; (18) Sheriff;
(19) Security Officer; (20) Criminal Investigator; (21) Warden; (22) Reformation Officer;
(23) Firefighter; (24) Fire Marshall; (25) Jail Officer up to the rank of Jail Superintendent;
(26) Police Officer up to the rank of Police Superintendent and other law enforcement
agencies, and agencies under the Criminal Justice System.

Section 35. Preference of Appointment in Government Criminal Justice and Other

Government Institutions. - Registered criminologists shall enjoy priority of appointment
and shall not be required to take any qualifying or entrance examinations in the PNP,
the NBI, the BJMP, the BFP, the Land Transportation Office (LTO) and other government

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positions related to criminology, police and law enforcement work, investigations and
security, corrections and public safety of the following bureaus, departments, institutions
or agencies of the government: the Department of Justice (DOJ); the Commission on
Human Rights (CHR); the Office of the Ombudsman; the Philippine Ports Authority (PPA);
the Commission on Elections (COMELEC); the Bureau of Treasury (BoT); the Philippine
Amusement and Gaming Corporation (PAGCOR); the Department of Environment and
Natural Resources (DENR); the Department of Tourism (DOT); the Department of Trade
and Industry (DTI); the Armed Forces of the Philippines (AFP); the Bureau of Immigration
(BI); the BoC; the Department of Transportation (DOTr); the Air Transportation Office
(ATO); the Civil Aviation Authority of the Philippines (CAAP); the BSP; the BIR; the CHED;
the City/Municipal Security Office; the Provincial Jail; the Provincial Security Office; the
Metro Manila Development Authority (MMDA); the Supreme Court and lower courts;
the Security Consultation; the Social Security System; the NAPOLCOM; the Autonomous
Region in Muslim Mindanao (ARMM); the Optical Media Board; the Intellectual Property
Rights Office; the PDEA; the Public Attorney's Office (PAO); the PPC; government-
owned and -controlled corporations and other government agencies with positions
involving the practice of criminology.

Section 36. Lateral Entry of Registered Criminologists. - Registered criminologists who are
not in the government service shall be eligible and given preference for appointment
via lateral entry as Police, Fire, and Jail Inspectors or its equivalent in the PDEA, NBI, and
other law enforcement agencies: Provided, That they possess the general qualifications
for appointment as provided in the existing laws on appointment of Police Officers in
the PNP, BJMP, BFP, PDEA, or NBI: Provided, further, That those who are already in the
police, fire, and jail service as non-commissioned officers and who are already
registered and licensed criminologists shall be given preference for lateral entry.

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 References:

Books:

Alviola, Armando A. 2014. “Introduction to Criminology and Psychology of Crimes”.

Amparado, Maria Theresa Ramondia. 2020. “Introduction to Criminology”.

Eduardo, Jesster P. 2018. “Essentials of Criminology – Second Edition”.

Manwong, Rommel K. 2008. “Fundamentals of Criminology”

Internet Source:

https://lawphil.net/statutes/repacts/ra2018/ra_11131_2018.html

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