Introduction to Criminology PDF

INTRODUCTION TO CRIMINOLOGY  SOCIOLOGY OF LAW  Sociology of Law This is the first division of criminology which attempts to offer scientific analysis of the condition under which penal or criminal laws are developed as a process of formal social control. General Types of Law...

INTRODUCTION TO CRIMINOLOGY  SOCIOLOGY OF LAW  Sociology of Law This is the first division of criminology which attempts to offer scientific analysis of the condition under which penal or criminal laws are developed as a process of formal social control. General Types of Law In general, there are three types of law and they are follows: 1.Natural Laws protect against harm to persons (e.g murder, rape, assault) or property (theft, larceny, robbery), and form the basis of common law system. In the Philippine setting, Natural Laws, therefore, are those crimes contained in the Revised Penal Code (RPC) which is called mala inse.  Segment 1: Introduction 2. Statutory Laws are enacted by by legislatures and reflect current cultural mores, albeit some laws maybe controversial, e.g. laws that prohibit marijuana use and gambling by criminology. Statutory laws are those penal laws created by the congress ( House of Representative and Senate) which is called mala prohibita. 3. Divine Laws are those rules enshrined in the Holy Book. For the Christians they are called it Bible. Hence, Christians have their Ten Commandments. However, Divine Laws vary depending on the religious denomination each persons belongs to, since the world is composed of various religious convictions.  Criminal Law Criminal Law- it is that branch or division of law which defines crimes, treats of their nature. And provides for their punishment. Source of criminal law are: a)The revised Penal Code (Act No. 3815) and its amendments. b)Special Penal Laws (statues) passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa. c)Penal Presidential Decrees issued during Martial Law.  Criminal Law Characteristics of Criminal law are: 1.Generality- it provides that criminal law is binding on all persons who live or sojourn in the Philippine territory. 2.Territoriality - it states that criminal laws undertake to punish crimes committed within the Philippine territory with the exception provided under article two (2) of the Revised Penal Code. 3.Prospectivity- it is states that the penal law cannot make an act punishable in manner in which it was not punishable when committed (ex post facto law) thus, crimes are punished under the laws in force at the time of their commission.  Criminal Law Brief History of Philippine Criminal Law Before the code of Kalantiao was promulgated in 1433 , the people of the Pre-Spanish Philippines had a customary and unwritten law. Some of the most striking laws promulgated during this period were as follows: a)Due respect to elders and parents b)Strict obedience of children to their parents c)Strict fulfillment of contract; and d)Equality of husband and wife both socially and in the control of their property.  Criminal Law With the promulgation of the Code of the Kalantiao, the penal laws were made severe and extensive. According to the Code, the penalties for Felonies and other misdemeanors were: g)Death h)Incineration i)Mutilation of Fingers j)Slavery, flagellation, k)Being bitten by ants l)Swimming underwater for a time and other disciplinary penalties. The code likewise provided severe punishment for men who were cruel to their wives, husbands who maltreated innocent wives were sentenced to death. Adultery, as well as the contracting of marriage to very young girls was severely punished. THANK YOU  CRIMINAL JUSTICE SYSTEM refers to the system used by a government to maintain social control, prevent crimes, enforce laws, and administer justice. In Philippine Criminal Justice System (PCJS), we have Law Enforcement, Prosecution, Courts, Corrections, and Community, are the primary agencies charged with these responsibilities.  Law Enforcement This pillar involves various law enforcement agencies, tasked with maintaining peace and order, investigating crimes, and apprehending offenders. Their actions contribute to initiating the criminal justice process.  Prosecution The prosecution pillar encompasses the work of public attorneys and prosecutors who represent the government in legal proceedings. They build cases against individuals accused of crimes, present evidence, and seek to prove guilt in court.  Court The entity in the government organized for the proper administration of justice at the time and place prescribed by law.  Correction Refers to institutions mandated to administer both correctional and rehabilitation programs for theoffenders. These programs develop the offenders or convicts’ abilities and potentials andfacilitate their re-integration into the community and normal family life.  Community The community is the center piece of the Philippine Criminal Justice System so all of the parts of the pillar are something the community is doing to make the pillars perform the main goals and other responsibilities of the four other pillars.  CRIMINALS refers to any person who has violated a penal law and has been found guilty of the crime charged upon observance of the standard judicial procedure.  General Classification of Criminals 1. On the basis of etiology: a. Acute Criminals- those who violate because of the impulse of the moment, fot of passion or anger or spell of extreme jealousy. b. Chronic Criminals- those criminal who act in consonance with deliberate thinking.  General Classification of Criminals 2. On the basis of behavioral system: a. Ordinary Criminals- the lowest form of criminal career. b. Organized Criminals- they have a high degree of organization to enable them to commit crimes without being detected. c. Professional Criminals- a person who possesses skill or cleverness which enable to successfully commit a crime.  General Classification of Criminals 3. Criminals classified on the basis of activities: a. Professional Criminal- those who earn their living through criminal activities. b. Accidental Criminal- those commit criminal acts as a result of unanticipated circumstances.  General Classification of Criminals 3. Criminals classified on the basis of activities: c. Habitual Criminal- those who continue to commit criminal acts for such diverse reason due to deficiency of intelligence and lack of self-control. d. Situational Criminal- those who are not actually criminals but constantly in trouble with legal authorities.  General Classification of Criminals 4. Criminals classified on the basis of mental attitudes: a. Active Aggressive Criminal- those who commit crime in an impulsive manner usually due to aggresive behavior of the offender. b. Passive Inadequate Criminal- those who commit crimes because they are pushed to it by inducement by reward or promise. c. Socialized Delinquent or Criminal- those who are normal in their behavior but merely defective in their socialization processes.