Introduction to Criminology PDF

**INTRODUCTION TO CRIMINOLOGY** **The Criminal Justice Education** The Philippine College of Criminology (PCCr), formerly known as **Plaridel College** is the [first ever educational institution offering the criminology course in the Philippines. ] In the early part of 1960's, criminology cou...

**INTRODUCTION TO CRIMINOLOGY** **The Criminal Justice Education** The Philippine College of Criminology (PCCr), formerly known as **Plaridel College** is the [first ever educational institution offering the criminology course in the Philippines. ] In the early part of 1960's, criminology course was offered by the University of Manila, Abad Santos College, both in Metro Manila, University of Visayas-Cebu City, University of Mindanao-Davao City. University of Baguio-the second school to offer PhD in Criminology nationwide in June 2011. **HISTORY** The Board Examiners for Criminology was created on July 1, 1972 pursuant to Republic Act No. 6506, entitled ["An Act Creating The Board Of Examiner For Criminologists In The Philippine And For Other Purposes."] **The first Board was constituted in 1987, and was composed of the folowing:** Chairman- Dr. Sixto O. de Leon On the same year, the Syllabi of subjects in the Licensure examinations for Criminologists was promulgated. The professionalization of criminology education was made possible by R.A. 6506 in 1972. Under CMO no. 21 Sr 2005, the following are the 6 areas under Criminal Justice Education: 1. 2. 3. 4. 5. 6. **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"] The following are the relative weight of each area under RA 11131 (Board Resolution No. 05 s. 2022): ----------------------------------------- ----- Criminal Sociology 20% CRIME DETECTION and INVESTIGATION (CDI) 20% CRIMINAL LAW and JURISPRUDENCE (CLJ) 20% FORENSIC SCIENCES (FS) 15% LAW ENFORCEMENT ADMINISTRATION (LEA) 15% CORRECTIONAL ADMINISTRATION (COR-AD) 10% ----------------------------------------- ----- TOTAL 100% **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. **CRIMINOLOGY BOARD OF EXAMINERS** RAMIL G. GABAO-CHAIRMAN WARREN M. CORPUZ-MEMBER LANI T. PALMONES-MEMBER TWO VACANT-MEMBER **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; 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. **MECHANICS OF THE CRIMINOLOGIST LICENSURE EXAMINATION** The PRC administers the Criminology Board Examination twice a year (April 2023 & August 2023) Proctoring System Computerized Checking Exams are all presented in a multiple-choice type of examination Exam Schedule- six (6) subjects for three (3) consecutive days; 2 subjects each day: 1 in the morning and another 1 in the afternoon **WHAT SHOULD BE YOUR TARGET RATING TO BE A FUTURE CRIMINOLOGIST?** 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 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. **DEFFERED EXAMINEES** Required to retake the particular subject/s Allowed to retake ONCE WITHIN TWO (2) YEARS from the date of examination Required to obtain a grade not lower than 80% **FAILED EXAMINEES** Required to retake all subjects If you fail to pass the board exam 5 times, you are mandated to take a refresher course in criminology. **THE PHILIPPINE CRIMINOLOGY PROFESSION** Under section 5 of **R.A. 11131**, also known as **\"AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN THE PHILIPPINES"** the following are the practice a Criminologist may perform but shall not be limited to, acts or activities performed: In line with the practice of profession or occupation as a law enforcement administrator, executive, adviser, consultant, officer, investigator, agent or employee in: - - - - - In line with the practice of profession or occupation as a law enforcement administrator, executive, adviser, consultant, officer, investigator, agent or employee in: - - - - - - - In line with the practice of profession or occupation as a law enforcement administrator, executive, adviser, consultant, officer, investigator, agent or employee in: - - - - 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; 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; 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; As a counselor, 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 As a private investigator, administrator, consultant or agent, or detective in any private security and investigation agency organized under the laws of the Philippines. **WHAT IS CRIMINOLOGY?** **\"An interdisciplinary science that gathers and analyzes data on various aspects of crime and criminal behavior.\"** **EDWIN H. SUTHERLAND & DONALD R. CRESSEY-** "Criminology is the body of knowledge regarding crime as a social phenomenon." **ELLIOT, M. A & MERILL, F. E -** "Criminology may be defined as the scientific study of crimes and its treatment" **DONALD R. TAFT -** "Criminology is the study which includes all the subject matter necessary to the understanding and prevention of crimes together with the punishment and treatment of delinquents and criminals." R. **A. 11131-** "Criminology refers to the scientific study of crimes, criminals, and victims, it also deals with the prevention, and solution of crimes. **ORIGIN OF THE TERM CRIMINOLOGY** **Raffaele Garofalo-** coined the italian term "Criminologia" in 1885 **Paul Topinard-** coined the French term "criminologie" in 1887. He also coined the term "Crimen" which means offense. **NATURE OF CRIMINOLOGY (SAND)** It is a social science. Crime is a social creation and it exists in a society being a social phenomenon. Thus, study of criminology is a social science It is an applied science. In the study of causes of crimes, different fields related to criminology may be applied and the utilization of division of criminalistics in crime detection is what you cal Instrumentation. It is nationalistic. The study of crimes must be in relation with the existing criminal law within a territory or country. The question as to whether an act is a crime is dependent on the criminal law of a state. It is dynamic. Criminology changes as a social condition changes. It is concomitant with the advancement of other science that has been applied to it. **IMPORTANT AREAS OF INTEREST TO CRIMINOLOGY** a. **Criminal demography** - the study of the relationship between criminality and population. b. **Criminal epidemiology** -- the study of the relationship between environment and criminality. c. **Criminal ecology** -- the study of criminality in relation to the spatial distribution in a community d. **Criminal physical anthropology** -- the study of criminality in relation to physical constitution of men e. **Criminal psychology** -- the study of human behavior in relation to criminality f. **Criminal psychiatry** -- the study of human mind in relation to criminality. g. **Victimology** -- the study of the role of the victim in the commission of crime. **IMPORTANT AREAS OF INTEREST TO CRIMINOLOGY** **SOCIOLOGY-** The study of human society, its origin, structure, functions and direction. **SOCIOLOGY OF LAW-** The study of law and its application attempt at scientific analysis of the condition which the penal/criminal laws has developed as a process of formal or social control. **CRIMINAL ETIOLOGY -** the study of the cause or origin of crime. It studies the primary reason for crime commission. **PENOLOGY** -concerned with the control and prevention of crimes and treatment of criminals. **CRIMINALISTICS OR FORENSIC SCIENCE-** One or more area concerned in crime detection and investigation **CRIMINOLOGICAL RESEARCH-**study of the crime correlated to with antecedent variables, state of crime trend. **SOCIOLOGICAL CRIMINOLOGY-** The study of crime focused on the group of people and society as a whole **PSCHOLOGICAL CRIMINOLOGY-** The science of behavior and mental processes of the criminal **PSYCHIATRIC CRIMINOLOGY-** The science that deals with the study of crime through forensic psychiatry **FUNDAMENTAL SCHOOLS OF THOUGHT IN EXPLAINING THE CAUSES OF CRIME** **THE CLASSICAL SCHOOL OF CRIMINOLOGY** The **Classical School** was founded by Italian philosopher **Cesare Beccaria** in his book "On Crimes and Punishments" in 1764. Beccaria argued that ["Punishment should be proportional to the crime committed and that the criminal justice system should be focused on preventing offenses rather than just punishing them.] The Classical School of Criminology is a theoretical perspective on crime that [emerged during the Enlightenment era in the late 18th century. ] It is [based on the belief that crime is a rational decision and individuals will engage in criminal behavior if the potential rewards outweigh the potential risks.] This theory [emphasizes the importance of punishment and deterrents in controlling crime.] **THE basic elements of CLASSICAL SCHOOL theory** The Classical theory posits that individuals have free will and can choose to engage in criminal or law-abiding behaviour. According to this perspective, individuals who commit crimes are driven by greed or personal need. The theory also suggests that the fear of punishment is the only way to control behavior and that harsh strictures would curb unlawful actions. Swift and sure punishment is more effective in deterring criminal behavior In summary, [classical theory] views [individuals as rational actors who are rational and capable of making choices.] It asserts that punishment is an effective means of regulating criminal behaviour and that the severity of punishment should be proportional to the level of wrongdoing. ** "LET THE PUNISHMENT FIT THE CRIME."** **CRITIQUE OF THE CLASSICAL THEORY OF PUNISHMENT** Punishment based solely on the crime committed without considering individual circumstance, is often criticized for being unfair and unjust. This approach ignores that offenders may have different culpability and reasons for committing a crime, such as mental illness, poverty, or social pressure. Therefore, it can lead to disproportionate and arbitrary punishments. The classical view of punishment only [focuses on the injury] caused by the crime, [not the offender's mental condition]. This means that the same punishment is given regardless of whether the offender is a first-time or repeat offender (Petersilia, 2017). This approach has been [criticized as unjust since it fails to consider the mitigating factors] that may contribute to an offender's behaviour and chances of rehabilitation. **NEO CLASSICAL SCHOOL** This school modified the doctrine of free will by stating that free will of men may be affected by other factors and crime is committed due to some compelling reasons that prevail. It arose during French revolution with the modification that children and lunatics and others were not legally responsible for their actions. This school of thought questioned that there are people who have the absence of freewill hence they are exempted from punishment because they did not know what they are doing; they did not know what they did was wrong or what they did was the product of insanity. The Neo-Classical fundamental notion is that, "LET THE CHILDREN AND LUNATIC CRIMINALS BE EXEMPTED FROM PUNISHMENT. **POSITIVIST SCHOOL** Presumes that criminal behavior is caused by **internal and external factors** outside of the individual's control. Scientific method was introduced and applied to study human behavior. Positivism can be broken up into three segments which include biological, psychological and social positivism. A. **BIOLOGICAL POSITIVISM** It is the belief that these criminals and their criminal behavior stem from **\"chemical imbalances\"** or **\"abnormalities\"** within the brain or the DNA due to basic internal \"defects\". B. **PSYCHOLOGICAL POSITIVISM** It is the concept that criminal acts or the people doing said crimes do them because of internal factors driving them. It recognizes the internal factors are results of external factor such as, but are not limited to, abusive parents, abusive relationships, drug problems etc. C. **SOCIAL POSITIVISM / SOCIOLOGICAL POSITIVISM** It discusses the thought process that criminals are produced by society. Basically, pointing a finger at the government and saying that the following create and fuel criminals and crimes. a. Low Income Levels b. High Poverty/Unemployment Rates c. Poor Educational Systems It also suggests societal factors such as poverty, membership of subcultures, or low levels of education can predispose people to crime. **CRIME** An act committed or omitted in violation of public law (Phil. Law Dictionary). It also refers to an act committed or omitted in violation of a public law forbidding or commanding it (Reyes 2006). **SUB-CLASSIFICATION OF CRIMES** a. **FELONY-** An act or omission punishable by law which is committed by means or dolo (deceit) or culpa (fault) and punishable under the Revised Penal Code. b. **OFFENSE-** An act or omission in violation of a special law. c. **INFRACTION-** An act or omission in violation of a city or municipal ordinance. d. **DELINQUENCY-** an act not in conformity with the norms of society. **Social NORMS** These are unwritten rules of behavior that are considered **acceptable** in a group or society. Norms function to **provide order and predictability in society**. According to Williamson (2018), social norms will guide individual behavior through the ways other people think and act. These are the ways the individual expects all the people to act in each situation. **CLASSES OF CRIMES** 1. **Crime Mala In Se =** acts that are outlawed because they violate basic moral values such as rape, murder, assault and robbery a. b. 2. **Crime Mala Prohibita** = acts that are outlawed because they clash with current norms and public opinion, such as tax, traffic and drug laws. **LEGAL CLASSIFICATIONS:** **[According to the manner of committing crime:]** a. **By means of dolo or deceit** -- if the crime is committed with deliberate intent. Thus, it is called intentional felonies. b. **By means of culpa or fault** felonies committed by means of culpa (fault) the act or omission of the offender is not malicious and the injury caused by the offender is unintentional, it being the simply the incident of another act performed without malice. **[As to the stages in the commission: ]** a. b. c. **[As to plurality:]** a. b. **LEGAL CLASSIFICATIONS:** a. b. c. **CRIMINOLOGICAL CLASSIFICATIONS OF CRIME** 1. **[According to the result of the crime: ]** a. b. 2. **[According to the time or period of commission: ]** a. b. 3. **[According to the length of time of the commission: ]** a. **Instant crimes --** are those crimes that can be committed in a very short time. Example: theft b. **Episoidal crimes** -- are crimes committed through series of acts or episodes and in much longer time. Example: serious i legal detention. 4. **[According to place or location: ]** a. b. 5. **[According to the use of mental faculties: ]** a. b. 6. **[According to the type of offender: ]** a. b. **UPPER WORLD AND UNDERWORLD CRIME-** Upper class of society/lower or under privilege class **CRIMES BY IMITATION-** Duplication of what was done by others **CRIMES BY PASSION-** Fit of great emotions **SERVICE CRIMES-** Rendition of service to satisfy desire of another **OTHER TYPES OF CRIMES** ** Bias crime -** violent acts directed toward a particular person or members of a group merely because the targets share a discernible racial, ethnic, religious or gender characteristics. [Also called hate crimes.] **Cleared crimes** - two ways by which crimes are cleared: 1. when at least one person arrested, charge, and turned over to the court for prosecution, (2) by exception means, when some element beyond police control precludes the physical arrest of an offender e.g. when he/she leaves the country. **Corporate crimes --** A white collar crime involving a legal violation by corporate entity such as price fixing, restraint of trade, or hazardous waste dumping. **Crime of reduction -** crimes that are committed when the offended party experiences a loss of some quality relative to his her present standing such as when they becomes victims of robbery or theft, but they may also be victimized if their dignity is stripped from them when they are taunted by racists. **Crime of repression =** crimes that are committed when members of a group are prevented from achieving their fullest potential because of racism, sexism, or some status bias. **Cyber crime =** the commission of criminal acts using the instruments of modern technology such as computers or the internet. **Economical crime =** an act in violation of the criminal that is designed to bring financial gain to the offender. **Enterprise crime =** the use of illegal tactics by a business to make profits in the market place. **Expressive crime** = a crime that has no purpose except to accomplish the behavioral hand such as shooting someone. **Hate crime =** act of violence or intimidation design to terrorize or frighten people considered undesirable because of their race, religion, ethnic origin, or sexual orientation. **Inchoate crime** = incomplete or contemplated crimes such as criminal solicitation or criminal attempts. **Mission hate crimes** = violent crimes committed by disturbed individuals who see it as their duty to rid the world of evil. **Organizational crimes** = crimes that involves large corporations and their efforts to control the market place and earn huge profits, through unlawful bidding, unfair advertising, monopolistic practices, or other ilegal means. **Organized crimes** = illegal activities of people and organization whose acknowledge purpose is profit to i legitimate business enterprise. **Public order crimes** = Acts that are considered illegal because they threaten general well- being of society and challenge its accepted moral principles. Prostitution, drug use, and the sale of pornography are considered public order crimes. **Reactive hate crime** = perpetrators believe they are taking a defensive stand against outsiders who they believe threaten their community or way of life. **Retaliatory hate crime** = offense committed in response to a hate crime, real or perceived. **Statutory crimes** = crimes defined by legislative bodies in response to changing social conditions, public opinion, and custom. **Trill-seeking hate crime** = hatemonger who join forces to have fun by bashing minorities or destroying property; inflicting pain on others gives a sadistic thrill. **Victimless crimes =** that violate the moral order but in which there in no actual victim or target in these crimes which include drug abuse and sex offenses. It is society as a whole and not an individual who is considered the victim. **White -- collar crimes =** illegal acts that capitalize on a person's status in the market place. It may involve theft, embezzlement, fraud, market manipulation restraint of trade, and false advertising. **OTHER TERMS REFERRING TO CRIME** I. **[Crime of Rape ]** a. b. c. d. e. f. g. II. **[Crime of killing ]** a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. III. **[Crimes against Property ]** a. b. c. d. e. f. g. h. i. j. k. l. m. n. **MEASURING CRIME** **[The following are the major sources of crime measurement:]** 1. **UNIFORM CRIME REPORT (UCR)**- best known and widely cited sources of official criminal statistics. 2. 3. **CRIMINAL** **Legal sense -** a criminal is any person who has been found to have committed a wrongful act in the course of the standard judicial process; there must be a final verdict of his guilt. **Criminological sense** - a person is already considered a criminal the moment he committed a crime. **GENERAL CLASSIFICATION OF CRIMINALS** 1. **According to etiology** a. b. - - 2. **[On the basis of behavioral system: ]** a. b. 3. **[According to criminal activities: ]** a. b. c. d. 4. **Criminal classified as a basis of mental attitudes** a. b. c. **Which comes first? Law or Crime?** **[PRINCIPLES OF CRIMINAL LAW ]** Criminal law defines crimes Criminal law treats the nature of crime Criminal law provides punishment for a crime **CHARACTERISTICS OF CRIMINAL LAW** 1. 2. 3. **PENOLOGY** - **Penology** - It is concerned with the control and prevention of crime and the treatment of youthful offenders. - Study of punishment for crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders. - It is a term derived from the latin word **"poena"** which means [pain or suffering.] - **Penologist** - A person who studies the science or art of punishment. **VICTIMOLOGY** Scientific study of victimization including the relationships between victims and offenders, the interactions between victims and the criminal justice system that is, the police and courts, and corrections officials-and the connections between victims and other societal groups and institutions, such as the media, businesses, and social movements. "Success is no accident. It is hard work, perseverance, learning, studying, sacrifice and most of all, love of what you are doing or learning to do." ― **Pelé, Brazilian pro footballer** "There are no secrets to success. It is the result of preparation, hard work, and learning from failure."― **General Colin Powell, former US Secretary of State**