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ultimately end them.Criminal sociologist identify the sources outside of a person in society
that influence and even as some theorists believe,compel criminal action.
Criminology Theories
1. Strain Theory - people has aspirations like wealth and education.
There goals are blocked along the way. They resort to illegal
activities what they can not achieved through legitimate means.
People may reduce their aspirations or increase opportunities.
2. Learning Theories - follow the lead of Sutherland's theory of
differential association. Criminals learn from their peers.
3. Control Theories - focuses on the relationship of a person to
their parents, teachers, officers of the law and other agents of
socialization. Effective bonding with such authority figure help
keep people out of trouble from the law.
4. Labelling Theory - People who are branded as criminals will
eventually criminal.
5. Conflict Theory - society is based on conflict between competing
interests group.
6. Radical Theory - crime is seen as a reflection of class struggle.
7. Left Realism - people of the working class prey upon one
another.Poor people victimize other poor people of their
own race and kind.
8. Peacemaking Theory - making "war on crime" will not work.
Making peace is the solution to crime.
9. Feminism - crime can not be understood without considering
gender. Crime is shaped by the different social experiences and
power is exercise by men and women. Men may use crime to
exert control over women and to demonstrate masculinity.
10.Critical Theory - Inequality in power and material well being
create conditions that lead to street crime and corporate crime.
Capitalism and its market economy are especially criminogenic
because they create vast inequalities that impoverishes many
and provides opportunities for exploitation for the powerful.
11.Social Disorganization - disorganized communities cause crime
because informal social controls breakdown and criminal cultures
emerge. They lack collective efficacy to fight crime and disorder.
12. Classical - crime occurs when the benefits outweigh the
costs,when people pursue self interest in the absence
of effective punishments. Crime is a free willed choice.
13. Positivist - Crime is caused or determined.Placed more
emphasis on biological deficiencies, while later scholars would
emphasize psychological and sociological factors.Use science to
determine the factors associated with crime.
14. Individual Trait - criminals differ from non criminals on a number
of biological and sociological traits.These traits cause crime in
interaction with the social environment.
15. Differential Association - crime is learned through associations
with criminal definitions.These definitions might be generally
approving of criminal conduct or be neutralization that justify
crime only under certain circumstances.Interacting with anti
social peers is a major cause of crime.Criminal behavior will be
repeated and become chronic if reinforced.When criminal
subculture exist then many individuals can learn to commit crime
in one location and crime rates, including violence may become
very high.
16. Anomie - the gap between a persons goal or economic success
and the opportunity to obtain this goal creates structural
strain.Norms weakens and anomie ensues,thus creating high
crime rates.When other social institutions such as family are
weak to begin with or also weakened by a persons goal, the
economic institution is dominant.When such an institutional
imbalance exists,then crime rates are very high.
17. Rational Choice - Building on classical theory,crime is seen as a
choice that is influenced by its costs and benefits,that is, by its
rationality.Crime will be more likely to be deterred if its costs are
raised especially if the costs are certain and immediate.
Information about the costs and benefits of crime can be
obtained by direct experiences with punishment and punishment
avoidance and indirectly by observing whether others who
offend are punished or avoid punishment.
18. Routine Activities - crime occurs when their is an intersection
in time and space of a motivated offender,an attractive target,
and a lack of capable guardianship.Peoples daily routine activities
affect the likelihood they will be an attractive target who
encounters an offender in a situation where no effective
guardianship is present.Change in activities in society can affect
crime rates.
19. Developmental Life Course - crime causation is a
developmental process that starts before birth and continues
throughout the life course. Individual factors interact with social
factors to determine the onset,length, and end of criminal
careers.The key theoretical issues involve
continuity and change in crime.Some theories predict continuity
across the life course,others predict continuity for some
offenders and change for other offenders, and some predict
continuity and change for the same offender.
20. Integrated - these theories use components from other
theories,usually strain,control, and social learning to create a
new theory that explains crime.They are often are life course
theories,arguing that causes of crime occur in a sequence
across time.
INTRODUCTION TO CRIMINOLOGY
Criminology - the scientific study of crime and criminal behavior and law enforcement.
3 Main School of Thought
1. Classical school
2. Positivist school
3. Chicago school
Classical school - based on utilitarian philosophy developed in the 18th century. This
school of thoughts argues:
1. That people have free will to choose how to act.
2. Deterrence is based upon the notion of the human being as a hedonist who seeks
pleasure and avoid pain and a rational calculator weighing up the cost and benefits of
the consequences of each action.
3. Punishment of sufficient severity can deter people from crime as the cost (penalties)
outweigh benefits and that the severity of punishment should be proportionate to the
crime.
4. The more swift and certain the punishment, the more effective it is in deterring
criminal behavior.
Prominent Philosophers of Classical school
1. Cesare Becarria - author of crimes and punishment.
2. Jeremy B entham - inventor of the panopticon - type of institutional building
designed to allow an observer to observe inmates of an institution without them
being able to tell whether or not they are being watched.
Positivist school - presumes that criminal behavior is caused by internal and external
factors outside of the individuals control.
Positivism can be broken in 3 segments which include:
1. Biological
2. Psychological
3. Social - - one of the largest contributors
to biological positivism and founder of
the Italian school of criminology is Cesare
Lombroso.
Italian School
● Cesare Lombroso - an Italian doctor and sometimes regarded as the father of
criminology. Considered also as the founder of criminal anthropology. He suggested
that physiological traits such as the measurement of the check bones or hairline or a
cleft palate, considered to be throwbacks to neanderthal man, were indicative of
"atavistic criminal tendencies". This approach has been superseded by the beliefs of
Enrico Ferri.
● Enrico Ferri - a student of Lombroso, believe that social as well as biological factors
played a role and held the view that criminals should not be held responsible when
factors causing their criminality were beyond their control.
● Sociological positivism - suggest that societal factors such as poverty,
membership of subcultures or low levels of education can predispose people to
crime.
1. Adolphe Quetelet - made use of data and statistical analysis to gain insight into
relationship between crime and sociological factors. He found that age, gender,
poverty, education and alcohol consumption were important factors related to crime.
2. Rawson W. Rawson - utilized crime statistics to suggest a link between population
density and crime rates with crowded cities creating an environment conducive for
crime.
3. Joseph Fletcher and John Glyde - also presented papers to the statistical society
of London on their studies of crime and its distribution.
4. Henry Mayhew - used empirical methods and an ethnographic approach to address
social questions and poverty.
5. Emile Durkheim - viewed crime as an inevitable aspect of society with uneven
distribution of wealth and other differences among people.
Chicago school - arose in the early 20th century, through the work of Robert Park, Ernest
Burgess and other urban sociologist at the university of Chicago. Park and Burgess identified
five concentric zones that often exist as cities grow, including the zone in transition which
was identified as most volatile and subject to disorder.
● Edwin Sutherland - suggested that people learn criminal behavior from older, more
experienced criminals that they may associate with. (differential association).
2 Main difference between the classical and positivist schools of criminology
Classical school Positivist school
1.Free will 1. Determinism
2. Philosophy 2. Scientific methods
De minimis - is an addition to a general harm principle.The general harm principle fails to
consider the possibility of other sanctions to prevent harm, and the effectiveness of
criminalization as a chosen option.
Thanatos - a death wish.
Tagging - like labeling, the process whereby an individual is negatively defined by agencies
of justice.
Criminology Consists of 3 Principal Divisions
1. Sociology of Law - which is an attempt at scientific
analysis of the conditions under which criminal law
influences society.
2. Criminal Etiology - which is an attempt at scientific
analysis of the study of causes or reasons for
crime.
3. Penology - concerned with control crime by
repressing criminal activities through the fear of
punishment.
Crime - is a wrong doing classified by the state as a felony or misdemeanor.
Felony - is a serious crime punishable by at least one year in prison.
Misdemeanor - is a crime for which the punishment is usually a fine and/or up to one year
in jail.
*Crimes are defined and punished by statutes and by
the common law.
Etiology - study of causes and reasons for crime.
Atavism - the view that crime is due to a genetic throwback to a more primitive and
aggressive form of human being.
Elements Necessary For A Crime To Occur
1. Desire or motivation on the part of the criminal.
2. The skills and tools needed to commit the crime.
3. Opportunity.
Spree killer - is someone who embarks on a murderous assault on 2 or more victims in a
short time in multiple locations.
Spree killing - killings at two or more locations with almost no time break between
murders.
Spree murder - two or more murders committed by an offender/offenders without a
cooling off period.
Serial murder - two or more murders committed by an offender/offenders with a cooling
off period.
Mass murderer - are defined by one incident with no distinctive time period between the
murders.
Thrill killing - a premeditated murder committed by a person who is not necessarily
suffering from mental instability and does not derive sexual satisfaction from killing victims
or have anything against them and sometimes do not know them but instead motivated by
the sheer excitement of the act.
Victimology -studies the nature and cause of victimization.
Psychology - the scientific study of the human mind and its functions.
Psychiatry - the branch of medicine dealing with the diagnosis and treatment of mental
disorders.
Ecology - the environment as it relates to living organisms.
Demography - the branch of sociology that studies the characteristics of human
populations.
Epidemiology - the branch of medical science dealing with the transmission and control of
disease.
Anthropology - the social science that studies the origins and social relationships of
humans.
Impulse - a sudden strong urge or desire to act.
Kleptomania - is an irresistible impulse to steal in the absence of economic motive.
Prototype - is a standard or typical example.
Pathological - is caused by or evidencing a mentally disturbed condition.
Alienist – This term is applied to a specialist in the study of mental disorders.
Anthropology – Science devoted to the study of mankind and its development in relation to
its physical, mental, and cultural history.
Auto-phobia – (monophobia) A morbid fear of one's self or of being alone.
Behavior Systems In Crime – Progress in the explanation of disease is being made
personally by the studies of specific diseases. Similarly it is desirable to concentrate
research work in criminologyon specific crimes and on specific sociological units within the
broad area of crime and within the legal definition of specific types of crime such as
kidnapping and robbery.
Biometry – A measuring or calculating of the probable duration of human life; The attempt
to correlate the frequency of crime between parents and children of brothers or sisters.
Bio-social Behavior – A persons biological heritage plus his environment and social heritage
influence his social activity. It is through the reciprocal actions of his biological and social
heritages that a persons personality is developed.
Broader Social Group -
1. School
2. The Church
3. The Police
4. The Government
5. The Prosecution
6. The Court
7. Correctional Institutions
Broken Home – The modification of home conditions by death, divorce or desertion has
generally been believed to be an important reason for delinquency of the children.
Cesare Beccaria – In his book “An Essay Of Crimes And Punishment” London 1767,
advocated and applied the doctrine of penology that is to make punishment less arbitrary
and severe than it had been; That all persons who violated a specific law should receive
identical punishment regardless of age, sanity, wealth, position or circumstances.
Cesare Lombroso – A medical doctor who made extensive research in physical
characteristics of criminals, political crimes and revolutions and relationships between the
criminal and anthropology.
Charles Goring – An English statistician who studies the case histories of 2000 convicts. He
found that heredity is more influential as a determiner of criminal behavior than
environment.
Colajani – A criminologist, describes the direct and indirect deficiency of the means to
satisfy the numerous necessities of man is sufficient stimulus for him to adopt honest or
criminal methods in the struggle that ensues. “To this man delinquency is strongly
influenced by socio economic”.
Competitive Development Of Techniques Of Crime And Of The Protection Against Crime –
Both sides may appropriate the inventions of modern science so far as they are useful to
them. When the police develop an invention for the detection or identification of criminals,
the criminals utilize a device to protect themselves.
Cretinism – A disease associated with pre-natal thyroid deficiency and subsequent thyroid
inactivity, marked by physical deformities, arrested development, goiter and various forms
of mental retardation including imbecility.
Crime Index – Any record of crimes such as crimes known to the police, arrest, conviction or
commitments to prisons.
Crime Statistics – A reported instance of a crime recorded in a systematic classification.
Criminality In The Home – One of the most obvious elements in the delinquency of some
children is the criminalistic behavior of other members of the child's family.
Criminal Psycho-dynamics – The study of mental processes of criminals in action, the study
of the genesis, development and motivation of human behavior that conflicts with accepted
norms and standards of society; This study concentrates on the study of individuals as
opposed to general studies of mass populations with respect to their general criminal
behavior.
Criminogenic Process – The process which explain human behavior, the experiences which
help determine the nature or a persons as a reacting mechanism, the factors or experiences
in connection thereto impinge differentially upon different personalities producing conflict
which is the aspect of crime.
Criminology – Scientific study and investigation of crime and criminals as well as the
identification of criminals and detection of crime.
Cultural Conflict – A clash between societies because of contrary beliefs or substantial
variance in their respective customs, language, institutions, habits, learning traditions, etc.
authority in criminology who in his book Principles of Criminology considers criminology at
present as not a science but it has hope of becoming a science.
England During The Last Half Of 19th Century – Place and period where and when the
classical school of criminology and of criminal law dDecriminalization – To remove or reduce
in status the criminal classification through legislation of certain criminal laws.
Delusion – In medical jurisprudence, a false belief about the self caused by morbidity,
present in paranoia and dementia praecox.
Dementia praecox – A collective term for mental disorders that begin at or shortly after
puberty and usually lead to general failure of the mental faculties with the corresponding
physiological impairment.
Dr. Cesare Lombroso – Advocated the positivist theory that crime is essentially a social
phenomenon and it can not be treated and checked by the imposition of punishment.
Economic Approach – The unjust utilization of economic resources sometimes create
resentment among individual which often lead them to frustration and develop a feeling of
hatred and provocative criminal conduct will result.
Edwin H. Sutherland – An American eveloped based on hedonistic psychology.
Episodic Criminal – A non criminal person who commits a crime when under extreme
emotional distress; A person who breaks down and commits a crime as a single incident
during regular course of natural and normal events.
Erotomania – A morbid propensity to love or make love. Uncontrollable sexual desire or
excessive sexual cravings by member of either sex.
Euthanasia – It signifies the release from life given a sufferer from an incurable and painful
disease.
Extrovert – As opposed to introvert (a person highly adapted to living in and deriving
satisfaction from external world) he is interested in people and things than ideas, values,
and theories. He likes people being around them and being liked by them.
Family – It is the first agency to affect the direction which a particular child will take and
that no child is so constituted at birth that it must inevitably become a delinquent or that it
must inevitably be law abiding.
Fashions In Crime – Certain types of crimes have disappeared almost entirely thus the
general situation may change and cause the disappearance of crime.
Ferri – A sociologists who theorized that it is the impulse of opportunities more than innate
tendency that determine the crime.
Gang – Means of disseminating techniques of delinquencies of training in delinquency, of
protecting its members engage in delinquency and of maintaining continuity in delinquency.
George L. Wilker – A criminologist who in his book “The Scientific Adequacy Of
Criminological Concept” argued that criminology can not possibly become a science.
Accordingly, general proposition of universal validity are the essence of science, such
proposition can be made only regarding stable and homogeneous unit but varies from one
time to another, therefore, universal proposition can not be made regarding crime and
scientific studies of criminal behavior are impossible.
Government – It is an organized authority that can influence social control through its
branches, particularly in the making of laws.
Hallucination – An apparent perception without any corresponding external object,
especially in psychiatry, any of the numerous sensations, auditory, visual or tactile
experienced without external stimulus and cause by mental derangement , intoxication or
fever hence, maybe a sign of approaching insanity.
Heredity – It may be a transmission of physical characteristics, mental traits, tendency to
disease etc. from parents to offspring. In genetics, the tendency manifested by an organism
to develop in the likeness of a progenitor due to the transmission of genes in the
reproductive process.
Heredity and Environment – Have been believe to share about equally in determining
disposition that is whether a person is cheerful or gloomy, his temperament and his nervous
stability.
H. H. Godard – Advocated the theory that feeble-mindedness inherited as Mendelian unit
cause crime for the reason that feeble minded person is unable to appreciate the
consequences of his behavior or appreciate the meaning of the law.
Home – Considered as the cradle of human personality for in it the child forms the
fundamental attitudes and habits that endure through out his life.
Home Discipline – it is considered as 4 times as important as poverty in the home in relation
to delinquency; that it fails most frequently because of indifference and neglect.
Insanity – Common Types
Mania Fanatica – A morbid of insanity characterized by a deep and morbid sense of religious
feeling.
Masochism – A condition of sexual perversion in which a person derives pleasure from being
dominated or cruelly treated.
Maturation – A process which appears in the life history of persisting criminals. This process
describes the development of criminality with reference first to the general attitudes toward
criminality and second to the techniques used in criminal behavior.
Mc Naghten Rule – Insanity is used to describe legally harmful behavior perpetrated under
circumstances in which the actor did not know the nature or quality of his act or did not
know right from wrong. This explanation was formulated in England in 1843.
Megalomania – A mental disorder in which the subject thinks himself great or exalted.
Melancholia – A mental disorder characterized by excessive brooding and depression of
spirits; Typical of manic depressive psychosis accompanied with delusions and
hallucinations.
Mobility – The most significant social condition accompanying the industrial and democratic
revolutions because of this a condition of anonymity was created and the agencies by which
control had been secured in almost all earlier societies were greatly weakened.
Multiple Factors Of Cause Of Crimes -
1. Biological
2. personality
3. Primary Social Group
4. Broader Social Group
5. Biological
6. 1. Heredity
7. 2. Endocrine Glands
8. 3. Anatomical Structure/Physical Disease/Disorder
Napolcom – Shall administer the qualifying entrance exam. For policeman.
Necrophilism – Morbid craving usually of an erotic nature for dead bodies.
Neurosis – Is any kind of the mental functional disorders characterized by anxiety,
compulsion, phobia, depression, dissociation, etc.
Organization Of criminals – This may be developed thru the interaction of criminal, this may
be a formal association with recognized leadership understanding, agreements and division
of labor or it may be a formal similarity and reciprocity of interest and attitudes.
Pedophilia – A sexual desire of an adult for children.
Personality -
1. psychopatic Personality
2. Psychosomatic Personality
3. Alcoholism
4. Other Personality Deviation
Physiognomy – Art of discovering character by observation and measurement of outward
appearances especially the face.
Primary Social Group -
1. Home
2. Bad Neighborhood
3. Broken Home
4. a. Environmental Delinquents – which is characterized by being occasional law
breakers.
5. b. Emotionally Maladjusted Delinquents – who are considered as habitual law
breakers
6. and who therefore can not avoid or stop from doing it.
7. c. Psychiatrist Delinquent – refer to a child who becomes delinquent due to
mental
8. illness coupled with serious emotional disturbance in the family.
Professionalization – When applied to a criminal refers to the following things the pursuit of
crime as a regular day by day occupation, the development of skilled technique and careful
planning in that occupation and status among criminals.
Progressive Conflict – This process begins with arrest which is intgerpreted as defining a
person as an enemy of society and which calls forth hostile relations from representative of
society prior to and regardless of proof of guilt, that each side tends to drive the other side
to greater violence unless it becomes stabilized on a recognized level.
Prussian Law of 1784 – prohibit mothers and nurses from taking children under 2 years old
of age into their beds.
Psychosis – Is a major mental disorder in which personality is very seriously disorganized
and contact with reality is usually impaired.
Rafael Garofalo – A criminologist who pro-founded that society sets only 2 elements in
crime, the opportunity and victim. He classified criminals into murderers, thieves, sexual
offenders (cynics) And violent criminals.
- Italian criminologist who developed a concept of the natural crime
and defined it a violation of the prevalent sentiments of pity and probity.
Regionalism – crime rate not only vary from one region to another but also generally among
the several sections of each nation.
Religion – It emphasizes of morals and life's highest spiritual values, the work and dignity of
an individual and respect for the person and property of others generally a powerful forces.
Rural Criminality – According to Marshall B. Olinard, this kind of criminality is explained by
the persons identification with delinquents and his conception of himself as reckless and
mobile an explanation which is consistent with differential association.
School – It is a strategic position to prevent crime and delinquency.
Segregation – This may be observed in the interaction between criminals and the public
thus, a person with criminal record may be ostracized in one community but may become a
political leader in other communities.
Sixto de Leon – The first chairman of the board of criminology.
Social Institutions And Crime – The general explanation of one topic in relation to criminal
behavior is that causes of crime lie primarily in the area of personal interaction and that
personal interaction is confined most entirely to local community and neighborhood.
Social Psychological – Advocated by John Dewey, George Mead, Charles Cooley and W.I.
Thomas, that development of criminal behavior is considered as involving the same learning
process as does the development of the the behavior of a banker, doctor etc.; that the
content of learning not the process itself is considered as the significant element
determining whether one becomes a criminal or non criminal.
Socialist School of Criminology – Based on writings of Marx and Engels, began 1850 and
emphasized economic determinism; that crime is only a by product, variations in crime
rates in association with variations in economic conditions.
Sociological And Cultural Approach – It includes assessment of those forces resulting from
man's collective survival effort with emphasis upon his institution, economic, financial,
educational, political, religion as well as recreational.
Sociological School – Interpreted crime as function of social environment; emphasizing
importance of imitation in crime causation.
Sociology – May mean a study of human society, its origin, structure, function and direction.
W. A. Bonger – Classified crimes by the motives of the offenders as economic crimes, sexual
crimes, political and miscellaneous crimes with vengeance as the principal motive.
White Collar Crimes – crimes committed by persons on the upper socio economic level or
occupying a high position in the organization.
CRIMINAL JUSTICE SYSTEM
Criminal Justice System - is the system of practices and institutions of governments
directed at upholding social control, deterring and mitigating crime or sanctioning those who
violate laws with criminal penalties and rehabilitation efforts.
Goals of Criminal Justice
1. to protect individuals and society
2. to reduce crime by bringing offenders to justice
3. to increase the security of the people
Criminal Justice System consists of three main parts
1. legislative - create laws
2. courts - adjudication
3. corrections - jail, prison, probation, parole
Participants of Criminal Justice System
1. police - first contact of offender since they investigate wrongdoing and makes arrest.
2. prosecution - proves the guilt or innocence of wrongdoers.
3. court - venue where disputes are settled and justice is administered.
4. correction - after accused is found guilty, he is put to jail or prison to be reformed.
5. community - where the convict after service of sentence comes back to be integrated
to be a productive member of society.
Community Policing - the system of allocating officers to particular areas so that they
become familiar with the local inhabitants.
Early History of Punishment
1. Early Greece and Rome
a. most common state administered punishment
was banishment and exile.
b. economic punishment such as fins for such crime
as assault on slave, arson, or house breaking.
2. Middle 5th to 15th century
a. blood feuds were the norm.
b. law and government not responsible for conflict.
3. Post 11th century feudal periods
a. fine system, punishment often consisted of
payment to feudal lord.
b. goals, public order and pacifying the injured.
c. corporal punishment for poor who can not pay.
4. 1500's
a. urbanization and industrialization, use of torture
and mutilation showed and punishment began to
be more monetary based.
b. use of gallery slaves - ship-rowers.
c. shipped inmates to american colonies
5. 1700's - early 1800's
a. increase in prison population
b. gap between rich and poor widens
c. physicality of punishment increases
Goals of Punishment
1. General Deterrence - the state tries to convince
potential criminals that the punishment they face is
certain, swift, and severe so that they will be afraid
to commit an offense.
2. Specific Deterrence - convincing offenders that the
pains of punishment is greater than the benefits of
crime so they will not repeat their criminal offending
3. Incapacitation - if dangerous criminals are kept
behind bars, they will not be able to repeat their
illegal activities.
4. Retribution/Just Desert - punishment should be no
more or less than the offenders actions deserve, it
must be based on how blameworthy the person is.
5. Equity/Restitution - convicted criminals must pay
back their victims for their loss, the justice system
for the costs of processing their case and society
for any disruption they may have caused.
6. Rehabilitation - if the proper treatment is applied,
an offender will present no further threat to society
7. Diversion - criminals are diverted into a community
correctional program for treatment to avoid stigma
of incarceration.The convicted offender might be
asked to make payments to the crime victim or
participate in a community based program that
features counseling.
8. Restorative Justice - repairs injuries suffered by
the victim and the community while insuring
reintegration of the offender.Turn the justice
system into a healing process rather than a
distributor of retribution and revenge.
3 Broad Categories of Crime
1. Sensational crime
2. Street Crime
3. Corporate Crime, White Collar Crime, and
Organized Crime.
Sensational Crime - certain offenses are selected for their sensational nature and made
into national issues.Much of what we know about crime comes from the media.
Street Crime - includes a wide variety of acts both in public and private spaces including
interpersonal violence and property crime.
Justice - the quality of being just, fair and reasonable.
Rule of law - is a legal maxim whereby governmental decisions be made by applying
known legal principles.
Judge - a public officer who presides over court proceedings and hear and decide cases in a
court of law either alone or as part of a panel of judges.
Prosecutor - the person responsible for presenting the case in a criminal trial against an
individual accused of breaking the law.
Law - is a system of rules of conduct established by the sovereign government of a society
to correct wrongs, maintain the stability of political and social authority and deliver justice.
Plaintiff - the person who brings a case against another in court of law
Respondent - the defendant in a lawsuit.
Appellee - the respondent in a case appealed to a higher court.
Appellant - the party who appeals the decision of the lower court. A person who applies to
a higher court for a reversal of the decision of a lower court.
Stare Decisis - the legal principle of determining points in litigation according to precedent.
Latin for "to stand by that which is decided", general practice of adhering to previous
decisions when it makes new one.
Miranda Doctrine - criminal suspect has the right to remain silent which means they have
the right to refuse to answer questions from the police.They have the right to an attorney
and if they can not afford an attorney, one will be provided for them at no charge.
Pro Bono - legal work done for free.
Writ - a form of written command in the name of the court or other legal authority to act or
abstain from acting in some way.
Subpoena - is a writ issued by a court authority to compel the attendance of a witness at a
judicial proceeding.
Summon - a legal document issued by a court or administrative agency of government
authoritatively or urgently call on someone to be present.
Discretion - the use of personal decision making and choice in carrying out operations in
the criminal justice system.
What is twelve table? early Roman laws written around 450 BC which regulated
family.religious, and economic life.
What is the medical model of punishment?
- a view of corrections holding that convicted offenders are victims of their environment or
sick people who were suffering from some social malady that prevented them into valuable
members of society.
What is the difference between Indeterminate sentence and Determinate
sentence?
1. Indeterminate sentence
a. a term of incarceration with a stated minimum
and maximum length. ex. 3-10years
b. prisoner is eligible for parole after the minimum
sentenced has been served.
c. based on belief that sentences fit the criminal,
indeterminate sentences allow individualized
sentences and provide for sentencing flexibility.
d. judges can set a high minimum to override the
purpose of the indeterminate sentence.
2. Determinate sentence
a. a fixed term of incarceration ex. 3 years
b. these sentences are felt by many to be
restrictive for rehabilitative purposes.
c. offenders know exactly how much time they
have to serve.
Various Factors Shaping Length of Prison Terms
1. Legal Factors
a. the severity of the offense
b. the offenders prior criminal record
c. whether the offender used violence
d. whether the offender used weapons
e. whether the crime was committed for money
2. Extra Legal Factors
a. social class
b. gender
c. age
d. victim characteristics
What are the institutions of socialization?
1. Family
2. Religion
3. Schools
4. Media
Family - is the primary institution of socialization in society.
NOTES:
1. Criminal Justice System - The Interdependent actors and
agencies, law enforcement agencies, the courts, the
correctional systems, and victim services at the local and
national levels of govt. that deal with the problem of crime.
2. Secondary Victims - family and friends of an individual who has
been victimized.
3. Wedding Cake Model - An explanation of the workings of the
criminal justice system that shows how cases get filtered
according to the seriousness of the offense.
4. Crime Prevention - Measures taken to reduce the opportunity
for crime commission by individuals predisposed to such.
5. Crime Control Model - A model of the criminal justice system
that emphasizes the efficient arrest and processing of alleged
criminal offenders.
6. Due Process Model - A model of the criminal justice system
that emphasizes individual rights at all stages of the
justice process.
7. Moral Panic - The reaction by a group of people based on
exaggerated or false perceptions about crime and criminal
behavior.
8. Victim Advocate - A professional who assists the victim during
the post victimization period.
9. Parole - An early release from prison based on complying
with certain standards while free.
10. Probation - An alternative to prison or jail in which the
offender remains in the community under court supervision.
1. Mala Prohibita - A behavior that is morally wrong. Wrong in any
context, even if there is no law against it.
2. Mala In Se - Also known as statutory crimes. Are Acts that are
criminal because they are prohibited by law.
3. Retribution - (Vengeance)(Revenge) punishment inflicted on
someone as vengeance for a wrong or criminal act.
4. Deterrence - A thing that discourage or intended to discourage
someone from doing something.
5. Punishment - the infliction or imposition of a penalty as
retribution for an offense.
6. Rehabilitation - restore someone to health or normal life by
training and therapy after imprisonment, addiction, or
illness.
7. Recognizance - a bond by which a person undertakes before
a court to observe some condition especially to appear when
summoned.
8. Curfew - a regulation requiring people to remain indoors
between specified hours, typically at night.
9. Truancy - the action of staying away from school without good
reason; absenteeism.
10. Criminal Justice system - the system of law enforcement that
is directly involved in apprehending, prosecuting, defending,
sentencing and punishing those who are suspected or
convicted of criminal offenses.
● In 1829, England, The Metropolitan Police Act was passed to the leadership of Home
Secretary Robert Peel
● Bobbies - first salaried police to patrol London.
● Boston - began its police department in 1838.
● New York City - 1845 created a police force.
● U.S. Marshall Service 1789.
● U.S. Coast Guard 1790.
● Department of Homeland Security - was created to coordinate the work of
intelligence and security agencies.
● Texas Rangers - 1835, became the first state police organization.
● William Penn - in the new world in 1682, established houses of correction.
1. Social Disorganization Theory - This Theory argues that more
crime occurs in neighborhoods that have fraying social
structures such as poor schools, vacant and vandalized
buildings, a mix of commercial and residential property,
changing ethnicity and high unemployment.
2. Anomie - Another word for strain. It refers to the difference
between what a person aspires to do and what he can
actually achieve.
3. Lower Class Reaction Theory - Holds that as kids in lower
classes fail to live up to society's expectations, they reject
middle-class values and develop their own value systems,
being so allows them to maintain their self-esteem.
4. Richard Cloward and Lloyd Ohlin - In 1960, developed another
sub-culture theory called differential opportunity theory.
t o be governed.
13. Magna carta - A Charter of Liberty and political rights
obtained from King John of England by his rebellious Barons5. Manor - A large
country house with lands; the principal house
of a landed estate.
6. Statute of Winchester - (1285) Declared that each district or
hundred would be held responsible for unsolved crimes. Each
man was to keep arms to take part in the Hue And Cry when
necessary.
7. Tithing - Earliest type of community organized policing. Based
on principles of self-help and collective responsibility. Each
Tithing consisted of 10 men who were accountable for
policing each other.
8. Sheriff - Supervision of the tithing was a responsibility of
the sheriff, the local representative of the king.
9. The Act of Settlement of 1701 - In England, Was designed to
secure the protestant succession to the throne and to
strengthen the guarantees for ensuring parliamentary system
of government. The act also strengthened the bill of rights
(1689) which had previously established the order of
succession of Mary II's heirs. One of the most important
provisions of this act was the recognition that judges should
hold office only during good behavior and could be removed
only with the consent of the parliament.
10. Bill of Rights - A statement of fundamental rights and
privileges. The bill of rights is an act of the Parliament of
England whose title is " And Act Declaring The Rights and
Liberties of the Subject and Settling the Succession of the
Crown". It is often called the English Bill of Rights.
11. Writ of Habeas Corpus - A writ ordering a prisoner to be
brought before a judge. It is a writ or legal action through
which a prisoner can be released from unlawful detention.
The remedy can be sought by the prisoner or by another
person coming to his aid.
12. Constitution - A body of fundamental principles or
established precedents according to which a state or other
organization is acknowledged
at Runnymede in 1215 which came to be seen as the
seminal document of English constitutional practice.
14. E uthanasia - helping another person commit suicide.
15. S haken Baby Syndrome - A situation of shaking a baby. An
infants brain is so vulnerable, just one or two violent shakes
can result in serious injury or even death.
16. Sodomy - Refers to forced anal or oral sex or those same
acts when they're done concensyally between an adult
and a juvenile.
17. Narcissistic personality Disorder - Someone with this
disorder generally sees herself as very important, needs
others to see her as important, and lacks the ability to
experience empathy with others.
18. Anti-Social Personality Disorder - Someone with these
disorder has a pattern of disregarding the rights of others
that starts when she's a juvenile and progresses into
adulthood.
19. Psychopath - is a predator who uses charm, manipulation, and
violence to control others and achieve her own selfish needs
without experiencing any guilt or remorse.
20. Pyramid Scheme - a form of investment in which each
paying participant recruits two further participants with
returns being given to early participants using money
contributed by later ones.
21. Ponzi Scheme - a form of fraud in which belief in the success
of non existent enterprise is fostered by the payment of
quick returns to the first investors from money invested by
later investors.
22. Fence - would buy stolen items for a huge discounts and then
resell those items.
23. Embezzlement - is the act of stealing from your employer.
4 Principal Methods Of Implementing The Punitive Policy Used During The History Of
Mankind
1. Physical Torture
2. Social Degradation
3. Financial Loss
4. Removal from the group by death, exile or imprisonment.
Alphonse Bertillon – One who originated a system of classifying criminals according to bodily
measurements.
Ancient Rome – A nation who pioneered banishment as a form of punishment.
Approaches To The Explanation Of Crime
1. Subjective Approach
2. Objective Approach
3. Subjective Approach
4. 1. Anthropological Approach
5. 2. Medical Approach
6. 3. Biological Approach
7. 4. Physiological Approach
8. 5. Psychological Approach
9. 6. Psychiatric Approach
10. 7. Psycho-Analytical Approach
Objective Approach
1. Geographic Approach
2. Ecological Approach
3. Economic Approach
4. Sociological and Cultural Approach
Australia – A place where after the Americans gained their independence from England in
1786, the prisoners of England were transferred until 1867.
Autophobia – It is a morbid fear of one's self or of being alone.
Berlin – The country where the last burning at the stake was made until 1786.
Biology – Is the study of living things. The science that deals with the origin, history,
physical characteristics, life, processes, habits etc. of plants and animals.
Classical School – This school of penology which Beccaria made of the first significant
contributions and to which Rousseau Montesquieu and Voltaire belonged maintained the
doctrine of psychological hedonism, that the individual calculates pleasures and pains in
advance of action and regulates his conduct by the results of his calculations. That since
punishment must be one that can be calculated, it must be same for all individual regardless
of age, mentality, social or other conditions.
Criminalistics – Sum total of the application of all sciences in crime detection. A criminal
commits crime by means of things or he leaves something in the crime scene.
These Physical Evidence Include But Not Limited To The Following
1. Blood and Blood stain
2. Firearms and other deadly weapons
3. Fingerprints and footprints
4. Tool marks and many more
Criminal Etiology – Is an attempt at scientific analysis of the causes of crime.
Criminological Schools -
1. Cartographical School
2. The Socialist School
3. The Psychiatric School
4. Sociological and Social-Psychological School.
David W. Maurer – An American authority in police matters who in his books “The Big Con –
1940” once said the dominant culture would control the predatory cultures without difficulty
and what is more, it could exterminate them for no criminal subculture can operate
continuously and professionally without the connivance of the law.
Divisions Of Criminalistics -
1. Criminal Etiology
2. Sociology of Law
3. Penology
Social Contract Theory – It is based on the principle that it is the obligation of the state to
protect and provide safety of the people and to promote the happiness of its constituent
members. In return for these services, it is the obligation of the individual member to
surrender a small portion of his natural liberty in obedience to the valid laws of the state.
Social Control Theory – Since man has enjoyed freely the protection and security, it is
necessary for the state to assume some sort of control over the behavior of the members so
that the greatest happiness for the majority can be obtained.
Sociology Of Law – Is an attempt at scientific analysis of the conditions under which
penal/criminal laws develop as a process of formal social control.
Theories Underlying Criminal Law In Relation To Man
1. Classical Theory
2. Neo-Classical Theory
3. The Positive and Italian Theory
*The behavior system in crime may be described by its 3 principal characteristics except “it
is not merely an aggregation of individuals criminal acts”.
● The maintenance of peace and order is the joint and several responsibility of man
and his government. Can be described by the following theories:
● 1. Social Contract Theory
● 2. Social Control theory
JUVENILE DELINQUENCY
PD 603 - Child and Youth Welfare Code
RA 9262 - Anti Violence Against Women and their Children Act of 2004.
RA 9344 - Juvenile Justice and Welfare Act of 2006
Youthful offender - over 9 years old but under 18 years old at the time of the commission
of the offense.
Crime Theories Applicable to Juvenile Delinquency
1. Rational Choice - causes of crime lie within the
individual offender rather than in their external
environment.
2. Social Disorganization - absence or breakdown of
communal institutions and communal relationships
that traditionally encouraged cooperative
relationships among people
Communal Institutions
1. Family
2. School
3. Church
4. Social Groups
3. Strain Theory - crime is caused by the difficulty of
those in poverty in achieving socially valued goals
by legitimate means.
4. Differential Association - young people are
motivated to commit crimes by delinquent peers
and learn criminal skills from them.
5. Labelling Theory - once a person is labeled criminal
they are more likely to offend. Once labeled as
deviant, a person may accept that role and more
likely to associate with others who have been
similarly labeled.
6. Social Control Theory - proposes that exploiting
the process of socialization and social learning
builds self control and can reduce the inclination
to indulge in behavior recognized as anti social.
Four Types of Control That Can Help Prevent Juvenile Delinquency
1. Direct - punishment is threatened or applied for
wrongful behavior and compliance is rewarded by
parents, family and authority figures.
2. Internal - youth refrains from delinquency through
the conscience or super ego.
3. Indirect - by identification with those who
influence behavior because his/her delinquent act
might cause pain and disappointment to parents
and others with whom he/she has close
relationships.
4. Control - through needs satisfaction, if all
individuals needs are met, there is no point in
criminal activity.
Breed vs. Jones - A US court decision where it held that juveniles can not be tried when
acquitted in juvenile court then tried again in adult criminal court.Double jeopardy applies to
juveniles as well as adults.
Juvenile Delinquency - is the participation in illegal behavior by minors who fall under a
statutory limit.
Juvenile Delinquent - is a person who is typically under the age of 18 and commits an act
that otherwise would have been charged as a crime if they were an adult.
Crimes Commonly Committed by Juvenile Delinquents
1. S tatus offenses - is an action that is prohibited only to a certainclass of people and
most often applied to offenses only committed by minors. example, under age
smoking.
2. Property crimes - is a category of crime that includes theft,robbery,motor vehicle
theft,arson,shop lifting and vandalism.
3. Violent Crime in which the offender uses or threatens to use violent force upon the
victim.
Age of Majority - is the threshold of adulthood as it is conceptualized,recognized or
declared by law.The vast majority of country including the Philippines set majority age at
18.
Young Adult - a person between the ages of 20 and 40 whereas adolescent is a person
between the ages of 13 and 19.
Types/Categories of Juvenile Delinquency
1. D
elinquency - crimes committed by minors which are dealt with by the juvenile
courts and justice system.
2. Criminal behavior - crimes dealt with by the criminal justicesystem.
3. status offenses - offenses which are only classified as such because one is a minor,
such as truancy which is also dealt with by juvenile court.
Truancy - is any intentional unauthorized absence from compulsory schooling.
Vandalism - Ruthless destruction or spoiling of anything beautiful or venerable.The term
includes criminal damage such as graffiti and defacement directed towards a property
without the permission of the owner.
Graffiti - is writing or drawings scribbled,scratched or sprayed illicitly on a wall or other
surface in a public place.
Defacement - refers to marking or removing the part of an object designed to hold the
viewers attention.
Types of Offenders That Emerge in Adolescence
1. Repeat Offender - (life-course-persistent offender) - begins offending or showing
anti-social/aggressive behavior in adolescence or even childhood and continuous in
adulthood.
2. Age Specific Offender (adolescence-limited offender) - juvenile offending or
delinquency begins and ends during their period of adolescence.
1. Victimless Crimes - refers to offenses where there is no
private offended party.
2. Youth Rehabilitation Center - refers to a 24-hour residential care
facility managed by the Department of Social Welfare and
Development (DSWD), LGUs, licensed and/or accredited NGO's
monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law.
3. Youth Detention Home - refers to a 24-hour child-caring
institution managed by accredited local government units (LGU's)
and licensed and/or accredited non-government organizations
(NGO's) providing short-term residential care for children in
conflict with the law who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction.
4. Status Offenses - refers to offenses which discriminate only
against a child, while an adult does not suffer any penalty for
committing similar acts. These shall include curfew violations,
truancy, parental disobedience and the like.
5. Restorative Justice - refers to a principle which requires a
process of resolving conflicts with the maximum involvement of
the victim, the offender and the community.
6. Recognizance - refers to an undertaking in lieu of a bond
assumed by a parent or custodian who shall be responsible for
the appearance in court of the child in accordance with the law,
when required.
7. Offense - refers to any act or omission whether punishable
under special laws or the Revised Penal Code, as amended.
8. Law Enforcement Officer - refers to the person in authority or
his/her agent as defined in Article 152 of the Revised Penal
Code, including a barangay tanod.
9. Juvenile Justice and Welfare System - refers to a system
dealing with children at risk and children in conflict with the law,
which provides child-appropriate proceedings, including programs
and services for prevention, diversion, rehabilitation, re-integration
and aftercare to ensure their normal growth and development.
10. Intervention - refers to a series of activities which are designed
to address issues that caused the child to commit an offense.
It may take the form of an individualized treatment program
which may include counseling, skills training, education, and
other activities that will enhance his/her psychological,
emotional and psycho-social well-being.
11. Initial Contact With the Child - refers to the apprehension or
taking into custody of a child in conflict with the law by law
enforcement officers or private citizens.
12. Diversion Program - refers to the program that the child in
conflict with the law is required to undergo after he/she is
found responsible for an offense without resorting to formal
court proceedings.
13. Diversion - refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict
with the law on the basis of higher social, cultural, economic,
psychological or educational background without resorting to
formal court proceedings.
14. Deprivation of Liberty - refers to any form of detention or
imprisonment, or to the placement of a child in conflict with the
law in a public or private custodial setting, from which the child
in conflict with the law is not permitted to leave at will by order
of any judicial or administrative authority.
15. Court - refers to a family court or, in places where there are no
family courts, any regional trial court.
16. Community-based Programs - refers to the programs provided
in a community setting developed for purposes of intervention
and diversion, as well as rehabilitation of the child in conflict with
the law, for reintegration into his/her family and/or community.
17. Child in Conflict with the Law - refers to a child who is alleged
as, accused of, or adjudged as, having committed an offense
under Philippine laws.
18. Child at Risk - refers to a child who is vulnerable to and at the
risk of committing criminal offenses because of personal, family
and social circumstances.
19. Child - refers to a person under the age of eighteen (18) years.
20. Best Interest of the Child - refers to the totality of the
circumstances and conditions which are most congenial to
the survival, protection and feelings of security of the child and
most encouraging to the child's physical, psychological and
emotional development. It also means the least detrimental
available alternative for safeguarding the growth and
development of the child.
21. Bail - refers to the security given for the release of the person
in custody of the law, furnished by him/her or a bondsman, to
guarantee his/her appearance before any court. Bail may be
given in the form of corporate security, property bond, cash
deposit, or recognizance.
22. R.A. No. 9344 - The Act creating the Juvenile Justice and
Welfare Act of 2006.
23. Article 40 of the United Nations Convention on the Rights of the
Child - the State recognizes the right of every child alleged as,
accused of, adjudged, or recognized as, having infringed the
penal law to be treated in a manner consistent with the
promotion of the child's sense of dignity and worth, taking into
account the child's age and desirability of promoting his/her
reintegration.
24. R.A. No. 9344 should be construed liberally in favor of the child
in conflict with the law.
Juvenile Delinquency Definition of Terms
1. Adjudicated delinquent: A youth who has been found by a judge
in juvenile court to have committed a violation of the criminal law,
that is, a delinquent act.The judge can formally adjudicate the
youth as an initial step before imposing a disposition
(a sentence or punishment), or the judge can decide not to
adjudicate the youth and instead impose conditions that, if met,
will result in dismissal of the charges.
2. Adjudicatory hearing: The fact finding (trial) phase of a juvenile
case in which a judge receives and weighs evidence before
deciding whether a delinquency or status offense has been
proven beyond a reasonable doubt.
3. Aggravating factors: Factors to be considered that may increase
the seriousness of the offense, such as prior offenses, weapon
use, heinous nature of crime, and threats to victims or witnesses.
4. Arrest: A law enforcement officer charges an offender with a
criminal act or violation of law and takes the offender into
custody based on probable cause.
5. Conflict resolution: Use of communication skills and creative
thinking to develop voluntary solutions that are acceptable to
disputants.
6. Continuum of care: A broad array of juvenile justice programs
and services ranging from prevention programs for young
children and youth at risk of delinquency to intervention programs
serving high-risk youth in secure residential settings.
7. Curfew: A local ordinance that requires, under specific conditions
and exceptions, a specific group of persons (usually juveniles
under a certain age) to refrain from unsupervised activities after a
designated hour within the confines of a selected area, city,
or county.
8. Custody; Taken into custody: Being in the care of a criminal or
juvenile justice agency or official or being taken into custody by
a law enforcement officer pursuant to the laws of arrest if the
juvenile were an adult and the offense is criminal in nature.
9. Delinquency prevention programs: Programs and services
designed to keep at-risk youth from entering the juvenile justice
system.
10. Delinquent act: Any act committed by a youth that would be a
criminal violation if committed by an adult.
11. Delinquent juvenile: A youth who has been found responsible for
having committed a delinquent act--the equivalent of being
found guilty of a criminal offense.
12. Detention: In custody (secure, non-secure, or home
confinement) while awaiting an adjudication hearing, disposition,
or commitment placement.
13. Detention hearing: A judicial hearing generally required to be
held within 72 hours of a youth being taken into custody, at
which point the court determines whether (1) there is probable
cause to believe that the youth has committed a delinquent act
or a court order exists that requires the continued detention of
the youth, and (2) continued detention is required pending an
adjudicatory hearing.
14. Disposition hearing: The hearing in a juvenile case (like a
sentencing hearing in criminal court) at which the court receives
a predisposition report containing information and
recommendations to help determine the appropriate sanction.
These sanctions can include probation, commitment to the
custody of the state's department of juvenile justice, or
community-based sanctions.
15. Diversion: A process by which a youth is channeled from the
juvenile justice system. Examples are Informal Adjustment,
Truancy Court, etc.
16. Intake: The process used for every youth referred to juvenile
court. Intake involves screening each youth to determine the
appropriateness for release or referral to a diversionary program
or agency for nonofficial or nonjudicial handling. This screening
also identifies the presence of medical, psychiatric,
psychological, substance abuse, and educational problems or
other conditions that may have caused the youth to come to
the attention of law enforcement or intake. Intake includes initial
screening of a status offender to determine the recommended
action to be taken in the best interests of the youth, the family,
and the community.
17. Juvenile delinquency program: Any program or activity related
to juvenile delinquency prevention, control, diversion,
intervention,treatment, rehabilitation, planning, education,
training, and research.
18. Mediation: A process by which a neutral third person, or
mediator, encourages and facilitates the resolution of a dispute
between two or more parties. It is an informal process designed
to help the disputants reach a mutually acceptable and voluntary
agreement. Decision making authority rests with the parties.
The role of the mediator includes, but is not limited to, helping
the parties identify issues, fostering joint problem solving, and
exploring settlement alternatives.
19. Mentoring: Generally involves providing support and guidance to
and spending time on a regular basis with a youth. Mentoring
activities can include participating in sports, playing games,
shopping, taking hikes, helping with homework, and
doing chores.
20. Protective factors: Factors that help to reduce the impact of
risk factors in a young person's life.
21. Risk factors: Certain problem behaviors present risk factors in
a young person's life that may contribute to later delinquency.
A few examples include the availability of drugs and firearms in
the community, family conflict, and friends who engage in
problem behaviors.
22. Status offenses: Non-criminal offenses only applicable to
children--for example, being truant, running away from home,
possessing alcohol or cigarettes, or violating curfew.
23. Truant: A young person who is absent from school without
permission or authorization.
24. Victimization: The result of a planned or accidental act that
causes physical or psychological harm.
25. Violent crime: Crimes of violence include rape, robbery,
assault, or murder.
4 Major Theories That Explain Existence Of Delinquency
1. Shoplifting
2. Crimes Of Violence
Crime R ate – Population X 100%
--------------
Crime Volume
Critical Theory – explains that delinquency is the by product of social arrangement.
Defendant Child – Is one who is without a parent, guardian or other custodian or one whose
parents, guardian or other custodian for good cause desires to be relieved of his care and
custody.
Delinquency – Acts against norms, mores of society.
Deviancy – Is a stage of human existence where one has ceased to believe in love whereby
the child ends up bitter, empty, lonely, resentful and in most cases emotionally infantile.
Edwin Schur – Radical Non Intervention – if a child commits an offense, he should be left
alone.
Emancipation – Liberty from parental authority.
Emotionally Disturbed Children – Are those who although not afflicted with insanity or
mental defect are unable to maintain normal social relations with others and the community
in general due to emotional problems and complexes.
Epideology –Transmission.
Etiology – Delinquency
Family Home – Constituted jointly by the husband and the wife or by unmarried head of a
family, is the dwelling house where they and their family reside and the land on which it is
situated.
Hedonism – Pleasure, highest goal of man's life.
Hedonistic Calculus – Process of weighing pleasure and pain.
Idea Of Determination – Any act committed awaits an explanation to the natural world.
Jeremy Bentham – Introduced punishment of imprisonment.
JJS – Juvenile Justice System
Juvenile – person/Minors/Youth whose mental and emotional faculty has not been fully
developed.
Juvenile Delinquent – Person commits any act of delinquency.
Juvenile Diversion – Offender is removed from JJS and diverted to other government
programs.
Labelling Theory -
1. Internationalist Perspective – any youth who commits a crime should be left
alone
2. Social Perspective
Neglected Child – is one whose basic needs have been deliberately unattended or
inadequately attended.
Neo-Classical Theory – Modified the classical theory, excepted the child and lunatics from
punishment.
Parental Authority/Partia Potestos – Rights and obligations which parents have in relation to
the persons and property of their children until their emancipation and even after this under
certain circumstances.
PD 603 – Child and Youth Welfare Code – Approval – Dec.10,1974
Effectivity – June 10,1975
Police – Prime mover of JJS
- Backbone of CJS
Poverty – Means the condition of that group whose income is low, therefore, the standard of
living is not enough to maintain normal health and efficiency.
Some Causes of Poverty Which Could Be One Of The Causes Of Crime
1. Physical Environment
2. Unfavorable Economic Condition
3. Social Environment
4. Defects in Government
5. Defects in Education
Proponent of Classical Theory
1. Jeremy Bentham
2. Cesare Beccaria
Proponents Of Positivist/Italian Theory
1. Cesare Lombroso
2. Enrico ferri
3. Rafael G arofalo
RA 6809 – 18 years old - age of majority.
1. Occasional Delinquent
2. The Gang Delinquent
3. Mal Adjusted delinquent
Welfare Model – Is the positivistic approach which holds that young offenders should b e
helped rather than punished.
William Bonger – Social Conflict Theory – society is composed of the ruling class and the
ruled class.
Young Offenders Fall Into Two Categories
1. Juveniles
2. Young Adults – at least 17
Youthful Offender – below 18 years old.
- Is one who is over 9 years but under 18 years of age at the time of
the commission of the offense.
Zones Of Peace – Children trapped in an armed conflict based on RA 7610.
1. ID
2. Ego
3. Super Ego
3 Dimension Of Personality Related To Criminal Behavior –
Eysencks Theory
1. Psychotism
2. Extroversion
3. Neurotism
46 Chromosomes – normal person.
Female – XX on 23rd chromosomes
Male - XY on 23rd chromosomes
Anal – Anus is the source of gratification.
Basic concept Of The Crisis Theory
1. Equilibrium
2. Time
3. Change
Behavior -
1. Halucination
2. Delusion
Klismaphilia – erotic activity involving the anal region
Masochism – he is the one being hurt.
Mental disorder – is insanity. Is known as severe psychosis, also called schizophrenia.
Narcisism – love of one's self
Narcisistic Personality – inflated ego, “mataas ang pagtingin sa sarili”
Necrophilia – sex with a corpse
Neurotism – low self esteem, mood swings, excessive anxiety.
Oedipus Complex – For male, male child develop hatred to the father but sexual attraction
to the mother.
Oral – Mouth is source of gratification. From birth up to 3 years.
Paranoid – characterized by extreme suspiciousness, most dangerous.
Paranoid Personality – characterized by suspiciousness but absence of delusion and
halucination. Neurotic.
Paraphilias – abnormal ways of sexual gratification.
Personality Disorder – not insane
1. Psychopath/Sociopath/Anti-social personality
2. Narcisistic Personality
3. Paranoid Personality
4. Histrionic
5. Schizoid Personality
Phallic – Source of pleasure is the sex organ. About 5 years old.
Phedophilia – having sex with children, usually below 13 years old.
Psychology – Study of behavior.
Psychopath – no sense of shame, no morality, do not learn from their experience.
Psychosexual development
1. Oral
2. Anal
3. Phallic
4. Genital
Psychotism – aggressive, egocentric, impulsive.
Sadism – a person who achieve sexual satisfaction by seeing the partner suffer.
Sado-Masochism – both sadism and masochism
Schizoid Personality – extreme social withdrawal.
Sexual Disorders -
1. Sexual Dysfunctions
2. Paraphilias
3. Gender identity Disorder
Sexual Dysfunction – sexual disorder. Arousal disorder.
1. Gonorrhea
2. Syphilis
3. Herpes
4. Aids
Voyeurism – peeping tom
XYY – appearance of extra chromosomes, violent people. Aggressive, usually tall.
Zoophilia/Bestiality – having sex with animal
POLICE ETHICS
Contemporary Police Problem may be Classified into the following:
1. Police Misconduct - is a broad category.The term refers to a wide range of
procedural,criminal and civil violations.
2. Police Corruption - is the abuse of authority for personal gain.
Misconduct - is procedural when it refers to police who violate police department rules and
regulation.
Criminal - when it refers to police who violate the penal laws.
Civil - when it refers to police who violate a citizens civil right.
Common forms of Misconduct
1. Excessive use of physical or deadly force
2. Discriminatory arrest
3. Physical or verbal harassment
4. Selective Enforcement of the law
5. False arrest and imprisonment
6. Perjured testimony about illegal searches
Common Forms of Police Corruption
1. Bribery
2. Extortion
3. Receiving of Fencing Stolen goods
4. Selling drugs,theft of drugs and money from drug dealer
5. malicious prosecution
6. Making false report and committing perjury
7. Protecting illegal gambling
8. Theft of seized property
9. Receiving discounts on purchases
10. Selling information about police operation
What are the safeguards against police misconduct
1. E
stablish Code of conduct
2. Train new recruit ethically and properly
3. Investigate and Discipline violators
4. Establish independent body ex. Pleb
● Despite legal safeguards and well intentioned reforms, Police problems have
continued to produce headlines.
● What can society do against the age-old problem of police misconduct and
corruption? ans. Monitor and Correct.
Trends in the forms of Police Corruption
1. Drugs - became the major driver of corruption replacing
gambling, prostitution and alcohol.
2. Corruption is systemic in police departments.
Systemic - affecting the entire system, group, body or society as a whole.
Standard strategies for reducing Police Corruption
1. Create permanent external oversight over the police with
particular emphasis on monitoring police officer behavior.
2. Holding supervisors responsible for the integrity of their
subordinate.
3. Reforming merit promotion and assignment.
4. Changing police culture.
5. Creating training programs in integrity for recruits and in-service
personnel particularly first line supervisors.
6. Creating an effective internal integrity monitoring unit.
7. Annually evaluating the integrity of all officers.
8. Making the Chief responsible for enforcing all disciplines.
9. Proactively investigate misbehavior.
10. Improving standards for recruitment and training.
Information about Police corruption comes from several sources
1. Appointed commission/Body of investigation
2. Civil and Criminal investigations of police behavior
3. Investigations undertaken by the police themselves
4. Accounts by public media
5. Observations by outside witnesses
6. Surveys of police officers and the public
7. Accounts by people involved in corrupt activity
Being on the Pad - this phrase is associated with bribery and extortion, a category of
police corruption.
Police Brutality - actions such as using abusive language, making threats, using force or
coercion unnecessarily, prodding with night sticks and stopping and searching people to
harass.
Most Common Types of Corruption in the PNP
1. Case Fixing - subjective imposition of penalties or downright
sabotage of the investigation process in exchange
for money or other things for personal gain.
2. Bribery - receipt of cash or a gift in exchange for past of future
assistance in avoidance of prosecution.
3. Extortion - common practice of holding "street court" where
incidents such as minor traffic tickets can be avoided
with a cash payment to the officer and no receipt given.
4. Protection - taking of money or other rewards from vice operators
or from legitimate companies operating illegally
in return for protecting them from law enforcement activity.
5. Recycling - use or sale of confiscated items and evidence, usually
drugs or narcotics.
6. Selective Enforcement - occurs when police officer exploit their
officer discretion e. areglo, balato.
7. Internal Pay-Offs - sale of work assignments, day offs, holidays,
vacation period and even promotion.
PNP Philosophy
1. Service
2. Honor
3. Justice
PNP Core Values
1. Makadios (God-Fearing)
2. Makabayan (Nationalistic)
3. Makatao (Humane)
Ethical Acts to be Observed by PNP members
1. Morality
2. Judicious use of authority
3. Integrity
4. Justice
5. Humility
6. Orderliness
7. Perseverance
Definition of Terms
● Customs - established usage or social practices carried on by tradition that have
obtained the force of law.
● Traditions - bodies of belief, stories, customs and usages handed down from
generation to generation with the effect of an unwritten law.
● Courtesy - a manifestation of expression of consideration and respect for others.
● Ceremony - a formal act or set of formal acts established by customs or authority
as proper to special occasion.
● Social Decorum - a set of norms and standard practiced by the members during
social activities and other functions.
Police Community Relation - generally refers to the sum total of attitudes and behavior
between police and the communities they serve.
Public Relations - a collection of communication techniques used by individuals or
organizations to convince an audience about the merits of an idea, organization, program,
practice or policy.
Community Service - refers to the activities whereby police engage in pro-social activities
to enhance the well being of the community beyond law enforcement and other
maintenance.
Community Participation - involves members of the community taking an active role in
trying to genuinely help the police.
Police Traditions
1. Spiritual beliefs
2. Valor
3. Patriotism
4. Discipline
5. Gentlemanliness
6. Word of Honor
7. Duty
8. Loyalty
9. Camaraderie
Spiritual Beliefs - can refer to an ultimate or an alleged immaterial reality, an inner path
enabling a person to discover the essence of his/her being or the deepest values and
meanings by which people live.
Valor - great courage in the face of danger. Strength of mind or spirit that enables a person
to encounter danger with firmness.
Patriotism - love of country and willingness to sacrifice for it.
Discipline - the practice of training people to obey rules or a code of behavior using
punishment to correct disobedience.
Gentlemanliness - characteristic of or having the character of a gentleman. A man whose
conduct conforms to a high standard of propriety or correct behavior.
Word of Honor - a verbal commitment by one person to another agreeing to do or not to
do something in the future.
Duty - a task or action that someone is required to perform.
Loyalty - a strong feeling of support or allegiance. Is faithfulness or a devotion to a person,
country, group or cause.
Camaraderie - mutual trust and friendship among people who spend a lot of time together.
Goodwill and lighthearted rapport between or among friends.
1. Corruption – is the misuse of authority by a police officer in a
manner designed to produce personal gain for himself or others;
an impairment of integrity, virtue or moral principle; inducement
(as an official) by means of improper considerations (as bribery)
to commit a violation of duty.
2. DHRDD – refers to the Directorate for Human Resource and
Doctrine Development; the primary training and education
directorate in the PNP.
3. Ethics - is the capacity to determine right conduct and the
knowledge of what is right from wrong; specific moral choices to
be made by the individual in his relationship with others; the
moral quality of a course of action, fitness and propriety.
4. Ethics and Values Counseling Center – A facility for spiritual and
behavioral intervention established in every Police Regional Office
to provide adequate counseling and assistance to police officers
5. Ethics and Values Formation Program - This program contains
policies,principles, guidelines and sanctions, all geared towards
the internalization of moral values and service dedication through
the implementation of a systematic values-integration and
intervention program.
6. Moral Recovery Program - The Moral Recovery Program is a
movement which aims to mobilize all Filipinos for nation-building
through the practical exercise of human values in our daily lives
as citizens. It is empowered through Executive Order 319 signed
by President Fidel V Ramos on April 03, 1996, which
institutionalizes the MRP in all government departments, offices,
agencies, and government-owned and controlled corporations
7. Morale – refers to a person’s state of mind and emotions,
affecting the personnel/employee and the police force to perform
assigned tasks willingly and enthusiastically with confidence,
cheerfulness and discipline to work, which in turn affects the
individual performance and organizational goals and objectives.
8. Morality – quality of human acts that leads man to observe
“moral behavior”, to be obedient to a system of moral rules,
“rules of right conduct”.
9. Police Discretion – the inherent ability and privilege of a police
officer to test and use the limits of his power in making a choice
among possible courses of action or inaction (i.e. to arrest or not
to arrest).
10. PRO - Police Regional Office which constitute seventeen (17)
Regional Offices of the PNP to include ARMM, CAR and NCRPO
11. Police Officer – a public servant who represents the disciplinary
and discretionary power of the state to enforce laws
12. Values – are beliefs, principles and philosophies that are
important,cherished, prized, upheld and defended:
13. Virtue – the quality of moral excellence, righteousness, probity,
responsibility and goodness; conformity to standard morality or
mores (as by abstention from vices, rectitude); specific type of
moral excellence or other exemplary quality considered
meritorious, a worthy practice or ideal
14. Customs - Established usage or social practices carried on by
tradition that have obtained the force of law.
15. Traditions - Bodies of beliefs, stories, customs and usages
handed down from generation to generation with the effect of
an unwritten law.
16. Courtesy - A manifestation or expression of consideration and
respect for others.
17. Ceremony - A formal act or set of formal acts established by
customs or authority as proper to special occasion.
18. Social Decorum - A set of norms and standards practiced by
members during social and other functions.
19. Salute - Salute is the usual greeting rendered by uniformed
members upon meeting and recognizing person entitled to
a salute.
20. Habits - Provide the basis for judgments about what is
important for the organization to succeed in its core business.