Criminology - Introduction to Criminology - Reviewer PDF

**Criminology** is the scientific study of criminals, criminal behavior and its causes. **Criminologists** attempt to build theories that explain why crimes occur and test those theories by observing behavior. **Criminological theories** help shape society's response to crime both in terms of prev...

**Criminology** is the scientific study of criminals, criminal behavior and its causes. **Criminologists** attempt to build theories that explain why crimes occur and test those theories by observing behavior. **Criminological theories** help shape society's response to crime both in terms of preventing criminal behavior and responding to it after it occurs **EVOLUTION OF CRIMINOLOGY** Note: In 1885, Italian law professor Rafaelle Garofalo coined the Italian term criminologia. The French anthropologist Paul Topinard used it for the first time in French "Criminologie" around the same time. The word "Criminology" was also first used by Paul Topinard. - the Italian law professor Raffaele Garofalo coined the term criminologia in 1885. \- the French anthropologist Paul Topinard used the term criminologie in 1887. \- The word "Criminology" was derived from the Latin word "Krimen" which can be translated to offense, crime or accusation and "Logos" - which means "to study". **WHAT IS CRIMINOLOGY?**  Criminology is the scientific study of criminals, criminal behavior and its causes. Criminology, is a body of knowledge regarding delinquency and crime as a social phenomenon. *By EDWIN H. SUTHERLAND known as" DEAN OF MODERN CRIMINOLOGY"*  In its broadest sense, criminology is the entire body of knowledge regarding crimes, criminal and the effort of society to prevent and repress them.  In a narrower sense, criminology is the scientific study of crimes and criminals **PRINCIPAL COMPONENT OF CRIMINOLOGY** three important components namely: 1. 2. **TYPES OF SOCIAL CONTROL** Formal social control - laws , rules and regulations Informal social control - values comes from the family, friends, school , religion 3\. *Penology* the study of criminal punishment, is a sub-field of criminology. Criminologists theorize about why people commit crimes and deviate from society s norms of behavior. They also study how society punishes criminals because different methods of punishment may cause people to alter their behavior in different ways. Thus, criminologists devise theories that not only explain the causes of crime but also addresses its prevention, control and treatment. Today, one more concern in Criminology is crime detection and Investigation. Criminologists are also engaged in studying the criminal things.  **Penology** is the 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.  Also known as Penal Science **SCOPE OF CRIMINOLOGY** 1. The making of laws - This pertains to the examination of the nature and structure of laws in the society which could be analyzed scientifically and exhaustively to learn crime causation and eventually help fight them. 2. The breaking of laws - It is concentrated in the scientific analysis of the causes of crimes. 3. The reaction towards the breaking of laws - This involves the study of the reaction of people and government towards the breaking of laws. **PUNISHMENT VS. PENALTY** PUINISHMENT: It is the redress that the state takes against an offending member of society that usually involves pain and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing. PENALTY: Is defined as the specific suffering inflicted by the state against an offending member for the transgression of law with limitations provided for by law **Three Elements of Punishment** 1. 2. 3. **JUSTIFICATIONS OF PUNISHMENT ** Retribution -- during the primitive days, punishment of the transgressor was carried out in the form of personal vengeance..  Expiation or Atonement --. An offense committed by a member against another member of the same clan or group aroused the condemnation of the whole group against the offending member. The group would therefore demand that the offender be punished. Expiation is therefore, group vengeance as distinguish from retribution which is personal vengeance.  Deterrence -- It is commonly believed that punishment gives a lesson to the offender; that it shows other what would happen if they violate the law; and that punishment holds crime in check.  \- it means crime prevention **2 types of deterrence** -Specific Deterrence - punishment gives lesson to the offender -General Deterrence - showing other what would happen If they violate the law (society) Protection -- as a justification of punishment came after prisons, were fully established. People believe that by putting the offender in prison, society is protected from his further criminal depredation. -isolate Reformation -- Under this theory, society can best be protected from crime if the purpose of imprisonment is to reform or rehabilitate the prisoner. \- main objective of correctional system \- contemporary means modern era \- change and remove the criminal mind or behavior \- ultimate goal of punishment **Juridical Conditions of Punishmen**t  Productive of Suffering - the offender must feel the suffering Commensurate with the offense - different crimes must be punished with different penalties Personal - the guilty one must be the one to be punished, no proxy. Legal - the consequence must be in accordance with the law Equal - penalty must be the same to all persons. Certain - no one must escape its effects Correctional - penalty must change the behavior of offenders and become a law abiding citizen. **IS CRIMINOLOGY A SCIENCE? INTERDISIPLINARY SCIENCE**  According to Edwin Sutherland and Donald Cressey (American Authors) claimed that criminology at present is not a science, but it has hope of becoming a science.  George L. Wilker- argued that criminology cannot possibly become a science.  Cirillo Tradio- criminology is a science  CRIMINOLOGY IS AN INTERDISIPLINARY SCIENCE OR APPLIED SCIENCE  APPLICATION OF OTHER SCIENCES IN THE STUDY, INVESTIGATION, DETECTION AND SOLUTION OF CRIMES. \*Forensic Science, sometimes referred to Criminalistics, is therefore covered in the broad field of criminology. **DISTINCTION BETWEEN CRIMINOLOGY AND A CRIMINALISTICS CRIMINOLOGY IS:**  Cesare Lombroso: FATHER OF CRIMINOLOGY  social science deals more on theories study of criminal people CRIMINALISTICS IS:  Dr. Hans Gross: FATHER OF CRIMINALISTICS  applied science use practical and technological theories study of criminal things "EVIDENCE" **Areas under CRIMINALISTICS:** EX. RAPE WITH HOMICIDE 1. FORENSIC DACTYLOSCOPY, STUDY OF FINGERPRINTS. 2. FORENSIC DNA, DEOXYRIBONUCLEIC ACID, SEMEN OR TAMOD 3. FORENSIC QUESTIONED DOCUMENT EXAMINATION, SUICIDE NOTE 4. FORENSIC CHEMISTRY, SHOE PRINTS AND TIRE PRINTS 5. FORENSIC BALLISTICS, FIRED CARTRIDGE CASE OR BASYO NG BALA 6. FORENSIC MEDICINE, CADAVER "CORPSE" DEAD BODY, "MEDICO LEGAL EXAMINATION" OR AUTOPSY 7. FORENSIC ANTHROPOLOGY, STUDY OF BODY REMAINS E.G. BONES 8. FORENSIC ODONTOLOGY, STUDY OF DENTURES 9. FORENSIC POLYGRAPHY OR LIE DETECTION TEST, TO DETERMINE IF THE SUSPECT IS TRUTHFUL OR UNTRUTHFUL **IMPORTANT AREAS IN THE DEVELOPMENT OF CRIMINOLOGY** -The development of criminal law and in defining crime;  \- The cause of law violation; and -Methods used in controlling criminal behavior. **Why do we study CRIMINOLOGY?**  In reality, there are many and varied purpose of studying criminology.  However, all these purposes fall on either of the *two (2) primary aims of studying criminology.*  -To understand crimes and criminals.  -To prevent the occurrence of crime. **\*BRANCHES OF CRIMINOLOGY**  A.  B. C. D. \- biological factor (nature) \- father of somatotyping - william sheldon E. -commonly na pedophile mga white people  F. \- people with mental illnes like schizophrenia or also known as dementia praecox \- there is an aggressive behavior and violent behavior G. NO COMPLAINING VICTIMS BECAUSE THE VICTIM IS ALSO THE OFFENDER. 1. 2. 3. \- they are the victim and also the offender \- there is no private offender party so law enforcement unit will file the case \- like violation of special laws , laws governing environmental laws (DENR) **NATURE OR CHARACTERISTICS OF CRIMINOLOGY** Criminology is: 1. An Applied Science - It is useful. Sciences like anthropology, psychology, sociology and other natural sciences may be applied in the study of the causes of crime while chemistry, medicine, physics, mathematics, etc. may be utilized in crime detection. EX: ANTHROPOMETRY, Study of body measurements. Introduced by ALPHONSE BERTILLON. FATHER OF PERSONAL IDENTIFICATION. Anthropometry is also known as "BERTILLON SYSTEM". 2. A Social science - In as much as crime is a societal creation and it exists in society, its study must be considered as part of social science. 3. Dynamic - The progress of criminology is concordant with the advancement of other sciences that have been applied to it. Criminology changes as social condition changes. 4. Nationalistic - The study of crime must always be in relation with the existing criminal law with in the territory. The study of crime and/or criminology must always conform to the existing criminal law of the land. The study of criminology is different from one country to another. **FUNDAMENTAL CONCEPTS OF CRIME, LAW, DEVIANCE, CRIMINAL JUSTICE, AND DELINQUENCY**  \- What is crime? Was derived from the latin word "KRIMEN" which means *accusation or offense*.  -CRIME IS A GENERIC OR A GENERAL TERM  \- Is an act or omission, in violation of a law, forbidding or commanding it.  **2 possible ways to commit a crime:** 1. By means of ACT 2. By means of OMISSION  -**ACT** -- ANY BODILY MOVEMENT THAT TEND TO PRODUCE SOME EFFECT TO THE EXTERNAL WORLD. -mostly mga crime na nangyayari sa bansa ay by means of act \- it is forbidden o pinagbabawal \- paglabag sa batas \- former **-OMISSION**- FAILURE TO PERFORM AN ACT REQUIRED BY THE LAW. EXAMPLE: ABANDONMENT OF A DYING PERSON IN AN UNINHABITED PLACE. PAYMENT OF TAXES TO THE GOVERNMENT VIOLATON AGAINST RA 9262 (ECONOMIC ABUSE) \- isang bagay na dapat mong gawin pero hindi mo ginawa \- it is commanding \- latter \- **UNINHABITED PLACE** REFERS TO A PLACE WHERE THERE IS CONSIDERABLE DISTANCE OF HOUSES AND SOURCE OF HELP IS NOT POSSIBLE. -inhabited - source of help is possible where a lot of people can render help THE CRIME TRIANGLE Opportunity - inaalis para hindi magawa ang krimen through the law enforcement agency \- police visibility to reduce the chance in committing a crime \- it is the chance of a person to committ a crime \- physical possibility that a crime can be committed Intent/Motive/Desire - Motive is the reason why do people commit crime \- intent or mens rea. if ginusto nya ba ang ginagawa nya or hindi \- intent is being determine based on the fact of the case \- induces or pushes the person to commit the crime Capability/ Instrumentality - how the crime will be perpetrated \- ability to execute the crime \- **Felony?** Is an act or omission, in violation of RPC or REVISED PENAL CODE. RPC IS THE PRIMARY SOURCE OF OUR CRIMINAL LAW. ACT No. 3815 is the law created the REVISED PENAL CODE in the Philippines on January 1, 1932. **FELON.** A PERSON COMMITED AN ACT OF FELONY. Ra 8553 - anti rape law \- rape by sexual assault \- **Offense**? Is an act or omission, in violation of a SPECIAL PENAL LAW OR SPECIAL LAWS. Ex. RA 9262, Ra 9165 **OFFENDER**. A PERSON COMMITED AN ACT OF OFFENSE. - **WHEN DOES CRIME EXIST?** A. Legal Viewpoint - when the person has been proven guilty by the court \- highest right of the accused B. Scientific Viewpoint - crime exists when it is reported. C. Criminologist viewpoint - crime exist as soon it is committed. Sin- against the spiritual or divine law which is serve after death LAWS- are formal, codified rules establishe by governing bodies. They are designed to regulate behavior, protect citizens, maintain order, and provide justice. Laws are enforceable by the state through institutions such as the police and judiciary. \- defined as a rule of conduct. These rules of conduct are just and obbligatory. They are promulgated by ligitimate authority (Legislature). They are of common observance and benefit. **Misdemeanor/Infraction/Delinquency?** -VIOLATION OF SIMPLE RULES AND REGULATIONS. Is an act or omission, in violation of LOCAL ORDINANCES. **VIOLATORS.** A PERSON COMMITED AN ACT OF MISDEMEANOR. **3 BRANCHES OF THE GOVERNMENT** -Legislative Branch \- congress -senate and house of representative \- to legislate laws -Executive Branch \- President - chief executive \- execute \- Judicial Branch \- Supreme Court - highest court of the land \- to construe/ interpret laws if the laws are consonance to the Constitution. **DOCTRINE OF CONSTITUTIONAL SUPREMACY** -all laws should be in consonance to the constitution \- 1987 Philippine Constitution BILL -not yet signed by the President -accompanied by 1/3 vote of the congress LAW \- signed by the President -No bill shall be passed as a law without the signature of the President , except: \- 30 days has lapsed and the President did not act on a bill it shall be passed as a law **VETO POWER** - president \- the power of the President to disaaprove a bill. Exception -the congress shall have a voting og 2/3 to passed the law (override) When does the law take effect \- Art 2. new civil code. -after 15 days of fair publication in the Official gazette or Newspaper of general circulation. -except , if the law provides otherwise. -Art 3. Ne civil code. ignorance of the la excuses no ne for compliance therewith. (ignorantia legis nominem excusat) **THE CONCEPT OF DEVIANCE** Defining Deviance -pagsalungat sa ginagawa ng nakararami \- that behavior called deviant behavior \- refers to behaviors that violate societal norms, values or expectstions but not illegal. It is judged by societal standards and can range from minor infractions like dressing unusually , to more significant acts like civil disobedience. Deviant person - a person who engaged in any behavior that is/are not expected by the norms and values of a given social group or society. Social Norm - is a way of thinking, feeling, behaving , generally considered right or proper within a culture; it is a rule, value or standard shared by members of a social group and anchored in that group. Norms- shared rules that dictate the expected behavior in a society. They can be formal (written laws) or informal (social customs). Norms help maintain social order by providing clear expectations for behavior. MALA IN SE -Latin for wrong in itself \- refers to actions that are inherently immoral or evil, regardles of whether they are prohibited by law. Like murder, rape , theft. MALA PROHIBITA \- Latin wrong because they are prohibited \- referes to actions that are not inherently evil but are deemed illegal based on societal standards and legal statues. \- jaywalking, gambling, and certain drug offenses. \- special laws and ordinances **THEORETICAL MODELS IN CRIMINOLOGY** Consensus Model \- posits that laws and norms are established based on a general agreement within society about what is right and wrong. It assumes that society is homogenous and that the legal system reflects the collective conscience and shared values of its members. Crimes are viewed as actions that violate these consensual norms and laws. Conflict Model \- derived from Marxist theory, argues that society is composed of diverse groups with different interests, values, and levels of power. According to this model, laws and norms are created by the powerful groups to maintain their dominance and control over weaker groups. Crimes are seen as actions that threaten the interest of the powerful or challenge the status quo. Interactionist Model \- focuses on the social interactions and meanings that influence behavior. It emphasizes the role of social lables and the process of defining and interpreting deviant and criminal behavior. Labeling theory, a key aspect of the interactionist theory. Suggest that individuals become deviant or criminal when they are labeled as much by society. **BASIC THEORIES OF CRIME (SCHOOL OF THOUGHTS)** The following are the basic theories in Criminology used in explaining the etiology of crime, criminal behavior, deviant behavior, and human behavior. **PRE-CLASSICAL THEORY:**  -*DEMONOLOGICAL THEORY* --- it maintains that criminal behavior was believed to be the result of evil spirits and demons something of natural force and controls behavior. OLDEST THEORY IN CRIMINOLOGY  During the medieval period, the most common explanations for the commission of wrong act is said to be caused by the devil. From this account, method uses in the determination of truth (trial) were arbitrary and unreasonable. Although through the Middle Ages (1200-1600), superstition and fear of satanic possession dominated the thinking. People who violated social norms or religious practices were believed to be witches or possessed by demons. The prescribed method for dealing with the possessed was burning at stake, a practiced that survived into the 17th Century. **FOUNDATIONAL THEORIES IN CRIMINOLOGY:** 1. Classical Theory by **CESARE BECCARIA** 2. 2\. Neo Classical Theory by **SIR WILLIAM BLACKSTONE** 3. 3\. Positivist Theory by **CESARE LOMBROSO** -CLASSICAL THEORY AUTHOR: **CESARE BECCARIA**  REAL NAME: *CESARE BONESANA MARCHESE DE BECCARIA*  ACCORDING TO HIM: *COMMISSION OF CRIME IS AN INSULT TO THE SOCIETY IN GENERAL. * \- FATHER OF CLASSICAL THEORY, FATHER OF OLD CRIMINOLOGY  Other Names: FREE WILL THEORY, JUSTICE THEORY, CHOICE THEORY, RATIONAL CHOICE THEORY, DETERRENCE THEORY  VERY HARSH PRINCIPLE OR DOCTRINE: -PENALTY: CAPITAL PUNISHMENT, THE PENALTY OF DEATH. RA 7659, LAW ON DEATH PENALTY IN THE PHILIPPINES. METHOD OF EXECUTION: DEATH BY ELECTROCUTION OR SILIA ELECTRICA RA 7659 WAS AMENDED BY RA 8177 OTHERWISE KNOWN AS "LETHAL INJECTION LAW" **3 CHEMICALS THAT COMPOSED THE LETHAL INJECTION:** 1. *SODIUM THIOPENTAL OR THIOPENTOTAL* : induces sleep 2. *POTASSIUM CHLORIDE*: muscle paralysis 3. *PANCURONIUM BROMIDE:* stops the heart beat \*LEO ECHEGARAY: LAST PERSON TO BE EXECUTED USING LETHAL INJECTION FOR THE CRIME OF "RAPE" \*LIM SENG: FIRST CHINESE DRUG LORD EXECUTED IN THE PHIIPPINES USING MUSKETRY ALSO KNOWN AS "DEATH BY FIRING SQUAD" PENALTY: CORPORAL PUNISHMENT, REFERS TO PHYSICAL TORTURE OF THE OFFENDER.  **FREE WILL REFERS TO YOUR FREEDOM TO CHOOSE AND TO DECIDE.**  --- It asserts that human beings are endowed with absolute free will to choose right from wrong. Human beings are fundamentally rational, and most human behavior is the result of free will coupled with rational -choice.  **Pain and suffering** are the two central determinants of human behavior \- It was introduced by Cesare Beccaria (Essay on Crimes and Punishment) DEI DELITI EL DELLA POENA and Jeremy Bentham (Utilitarian Hedonism) **Arguments against the Classical Theory** 1. 2. 3. 4. \*PUNISHMENT FITS THE CRIME NOT THE CRIMINAL. \* FOCUSES ON THE CRIME COMMITED NOT THE CONDITION OR MENTAL SANITY OF THE CRIMINAL. \* DURA LEX SED LEX. "THE LAW MAY BE HARSH BUT IT IS THE LAW" \*ALSO CALLED "DETERRENCE THEORY", WHICH INVOLVES CRIME PREVENTION OR PREVENTION CRIME." \*HARSH, CRUEL, DEGRADING AND INHUMANE FORMS OF PUNISHMENT PURPOSES OF PUNISHMENT: DETERRENCE OR CRIME PREVENTION **2 PURPOSES OR OBJECTIVES OF PUNISHMENT OR PENALTY:** 1. SPECIFIC DETERRENCE: "THE PUNISHMENT WILL TEACH A LESSON TO THE OFFENDER OR CRIMINAL" 2. GENERAL DETERRENCE: "THE PUNISHMENT WILL SERVE A LESSON TO OTHERS OR TO THE PUBLIC IN GENERAL" \*ESSAY ON CRIMES AND PUNISHMENT " DEI DELLITI EL DELLA POENA" **3 ELEMENTS OF PUNISHMENT TO BECOME EFFECTIVE:** 1. SWIFT OR CELERITY 2. SEVERITY 3. CERTAINTY \*Hammurabi Code by King Hammurabi of Babylon or Babylonia \*Imposes cruel and harsh punishment for convicted offenders \*Principle: LEX TALIONES or LEX TALIONIS or LAW OF RETALIATION OR REVENGE, a very harsh principle. \*OCULO PER OCULO DENTE PER DENTE or "AN EYE FOR AN EYE AND A TOOTH FOR A TOOTH", a biblical passage. as opposed to: \*Principle: LEX SALICA or LAW OF RESTITUTION \* JEREMY BENTHAM: PRISON DESIGN KNOWN AS "PANOPTICON OR PANOPTICAN PRISON" OR ONE SEEING PRISON OR ALL SEEING PRISON. \***THEORY OF HEDONISM**. "MAN ALWAYS SEEKS PLEASURE AND AVOID PAIN" \***HEDONISTIC CALCULUS.** CALCULATION OR MEASURING PRESENCE OF PLEASURE OVER THE PAIN. \***UTILITARIANISM.** "THE PUNISHMENT MUST BENEFIT EVERYONE". "GREATEST NUMBER FOR GREATEST HAPPINESS." **Arguments against the Classical Theory** 1. Unfair 2. Unjust 3. The nature and definition of punishment is not individualized 4. It considers only the injury caused not the mental condition of the offender.  **NEO-CLASSICAL THEORY** - This maintains that there are some situations or circumstances that made it impossible to exercise freewill thus, humans are not always responsible for their actions.  \- By SIR WILLIAM BLACKSTONE.  Exceptions: a. Children: RA 7610 otherwise known as ANTI CHILD ABUSE LAW. Child: is a person who is below 18 years old. And also persons above 18 but cannot fully take care of themselves. **AGE OF CRIMINAL RESPONSIBILITY UNDER RA 9344 as amended by RA 10630.** \*Age of full criminal responsibility 18 years old and above \*Age of conditional criminal responsibility 15 years and 1 day but below 18 \*Age of determination of discernment: this refers to the mental capacity of the child to distinguish what is right from what is wrong. \*Age of full criminal irresponsibility 15 years old and below b\. Lunatics or Insane individuals: presence of mental illness, mental disorder or psychotic disorder e.g. schizophrenia LUCID INTERVAL: Asylum legal term referring to mental hospital. b. Imbecile: A person of advanced age but their mental development is comparable to that of a 2 and 7 years old. **POSITIVIST ITALIAN SCHOOL OR POSITIVIST THEORY HOLY THREE:** \***Cesare Lombroso**- Father of Modern Criminology (Crimes: It\'s Causes and Remedies) 1. FATHER OF CRIMINOLOGY 2. FATHER OF MODERN CRIMINOLOGY 3. FATHER OF EMPIRICAL CRIMINOLOGY 4. FATHER OF SCIENTIFIC CRIMINOLOGY 5. FATHER OF POSITIVIST CRIMINOLOGY **\* Enrico Ferri** **\*Raffaele Garofalo** **MIXED OR ECLECTIC THEORY:** Combination of classical and positivist theory **POSITIVIST THEORY**  \- Theory uses science to define crimes and its causes.  \- Criminals commit crime because of certain illness that forced to commit crime.  -Proposed imprisonment as a form of punishment for offenders.  -The term Positivism refers to a method of analysis based on the collection of observable scientific facts. It maintained that crime as any other act is a natural phenomenon and is comparable to disaster or calamity.  -Crime is a social and moral phenomenon which cannot be treated and checked by the imposition of punishment but rather rehabilitation or the enforcement of individual measures.  Purpose of punishment: Rehabilitation or Reformation as a treatment.  Punishment fits the criminal not the crime. **POSITIVIST THEORY:** Product Theories: A. BIOLOGICAL THEORIES "Body or biological functioning" B. PSCYHOLOGICAL THEORIES "Mind" C. SOCIOLOGICAL THEORIES "Society" **Discuss the following basic theories: 1.1.1 Classical School of Criminology 1.1.2 Neo-Classical School 1.1.3 Positivist School of Criminology** Classical School of Criminology -The Classical School of Criminology emerged in the 18th century, with key figures like Cesare Beccaria and Jeremy Bentham. This school of thought is based on the following principles: 1\. Free Will and Rationality: Humans have free will and make rational choices. Criminal behavior is a result of these rational choices. 2\. Utilitarianism: The greatest happiness principle, which suggests that actions are right if they benefit the majority. 3\. Deterrence: The primary purpose of punishment is deterrence, which can be general (deterring the public) or specific (deterring the individual offender). 4\. Proportionality: Punishment should be proportionate to the crime. Excessive or insufficient punishments are unjust and ineffective. 6. Legal Equality: Laws should be clear, known, and apply equally to all individuals **Founded by CESARE BECCARIA and JEREMY BENTHAM.** -People choose to commit crimes after weighing the consequences of their actions. -Individuals have FREE WILL. **CESARE BECCARIA** Cesare Bonesana Marchese Di Beccaria Essay \"ON CRIMES AND PUNISHMENT\" Presented key ideas on the abolition of torture as a legitimate means of extracting confession. ►The purpose of punishment should be deterrence. ►All modern penal forms. ►The punishment fit the crime. Crime prevention was more important than revenge. **BECCARIA BELIEVES THAT:** ►People want to achieve pleasure and avoid pain ►Crime provides some pleasure to the criminal ►To deter crime, he believed that one must administer pain in an appropriate amount to counter balance the pleasure obtained from committing a crime. ►\"LET THE PUNISHMENT FIT THE CRIME\" **JEREMY BENTHAM** ►Concept of UTILITARIANISM and FELICIFIC CALCULUS. **HEDONISM** Person always acts in such a way to seek pleasure and avoid pain. **UTILITARIANISM** GREATEST HAPPINESS PRINCIPLE/PRINCIPLE OF UTILITY ►What is right is the one that would cause the greatest good for the greatest number of people. **FELICIFIC CALCULUS/PLEASURE AND PAIN PRINCIPLE** ►Person calculate pleasure and pain. **MODERN OUTGROWTHS OF CLASSICAL SCHOOL** ►DETERRENCE -The prevention of a certain acts through fear of punishment. GENERAL DETERRENCE -Hinges on the fear of criminal penalties to public. SPECIFIC DETERRENCE -Convince convicted offenders. JUST DESERT -Offenders deserve the punishment they receive at the hands of the law. **CHARACTERISTICS OF DETERREN** SWIFTNESS - The rapidity with which punishment follows a crime. SEVERITY -The complexity or unpleasantness of a sanction. CERTAINTY -The likelihood that a crime will be detected and punished. **NEO-CLASSICAL CRIMINOLOGY** **WILLIAM BLACKSTONE** -Social contract and determinate sentencing. -Modified the doctrine of free will. -Free will can be affected by other factors. -The study of legal provisions of mitigating and exempting circumstances. PATHOLOGY INCOMPETENCE INSANITY -The Neo-Classical School of Criminology arose in the 19th century as a modification of the Classical School. It retains many of the Classical School\'s principles but introduces additional considerations: 1.Mitigating Circumstances \- not all individyals are equally capable of rational decision making dure to fctore of age, mental health or socio economic conditions. 2.Individual Responsiblity \- some have reducesd culpability due to their circumstances. 3.Flexibility in sentencing \- advocate for more flexible sentencing law **POSITIVIST SCHOOL OF CRIMINOLOGY** **CESARE LOMBROSO** POSITIVISM- analysis based on the collection of observable scientific facts. -Behavior can be measured and observed. -Changing the study of crimes and criminals into SCIENTIFIC APPROACH. -Criminals are born with some physical characteristics. -Application of modern scientific methods to trace criminal behavior. -The Positivist School of Criminology, I which developed in the late 19th and early 20th centuries, emphasizes the scientific study of criminals and criminal behavior. Key principles include: 1. Determinism: Criminal behavior is determined by factors outside the individual\'s control, such as biological, psychological, and social influences. 2. Empirical Research: Focuses on the use of empirical research and scientific methods to study crime and criminal behavior. 3\. Treatment and Rehabilitation: Emphasizes the need for treatment and rehabilitation of offenders rather than punishment. The aim is to address the underlying causes of criminal behavior. 4\. Typologies of Criminals: Classifies criminals into different types based on their characteristics and motivations. Early positivists like Cesare Lombroso believed in the concept of the \"born criminal\" with certain physical traits. **\*ELEMENTS OF CRIME** 1.There must be an act or omission 2.The act must be in violation of the public law 3.The act is committed either by dolo or culpa \*How are crimes committed based on the RPC? Crimes are committed by means of: 1. Dolo --- deceit: MENS REA OR CRIMINAL INTENT AND ACTUS REUS OR GUILTY MIND or GUILTY ACT. INTENTIONAL FELONIES: FELONIES COMMITTED BY MEANS OF "DOLO" 2.Culpa --- fault or negligence (when wrongful act results from imprudence, foresight, lack of skill): CULPABLE FELONIES: FELONIES COMMITTED DUE TO NEGLIGENCE OR IMPRUDENCE \*There is fault when a wrongful act results from negligence, imprudence, lack of skill or foresight. \*NEGLIGENCE: LACK OF SKILL. Negligence indicates a deficiency of perception. \*IMPRUDENCE: LACK OF FORESIGHT. Imprudence indicates a deficiency of action. Examples: \*RECKLESS IMPRUDENCE RESULTING TO HOMICIDE \*RECKLESS IMPRUDENCE RESULTING TO PHYSICAL INJURIES EITHER SERIOUS, LESS SERIOUS AND SLIGHT PHYSICAL INJURIES \*RECKLESS IMPRUDENCE RESULTING TO DAMAGE TO PROPERTY **Classification of Felonies** 1\. Intentional Felonies- committed by means of deceit or malice; Requisites: a\. Freedom b\. Intelligence c\. Intent 2\. Culpable Felonies- where the wrongful acts result from imprudence, negligence, lack of foresight or lack of skill. Requisites: a\. Freedom b\. Intelligence c. Negligence (lack of foresight) and imprudence (lack of skill). Culpa can either arise from: ►IMPRUDENCE: This imports a deficiency of action - that a person fails to take the necessary precaution to avoid injury or damage. It arises because of one\'s lack of skill. ►NEGLIGENCE: This imports a perception - deficiency of there is a failure to pay proper attention and to use diligence in foreseeing the injury or damage impending to be caused. It arises because of a lack of foresight. **IDENTIFY THE TYPOLOGIES OF CRIMES AND CRIMINAL OFFENDERS SUCH AS TYPES OR MURDER, SEXUAL ASSAULTS AND CONKLIN'S TYPOLOGY OFROBBERS** **TYPES OF MURDER** 1\. First-Degree Murder: Premeditated, intentional killing of another person. It involves malice aforethought and planning. 2\. Second-Degree Murder: Intentional killing that is not premeditated or planned. It results from an impulsive act in the heat of passion. 3\. Voluntary Manslaughter: Killing that occurs in the heat of passion or during a sudden quarrel, without prior intent to kill. 4\. Involuntary Manslaughter: Unintentional killing resulting from recklessness or criminal negligence. 5.Felony Murder: Killing that occurs during the commission of a dangerous felony, such as robbery or rape, regardless of intent to kill. PATRICIDE ►Killing of a father by his own child PARRICIDE ►Killing of relative- parent, grandparent, spouse, child INFANTICIDE ►Killing of a child less than 3 days old SUICIDE ►Taking one\'s own life voluntarily UXORICIDE ►Act of one who murders his own wife REGICIDE ►Murder of a king VATICIDE ►Murder of a prophet ABORTICIDE ►The killing of a fetus inside the womb EUTHANASIA ►Mercy killing or painless death of a person suffering from incurable disease ELDERCIDE ►Murder of a senior citizen INVOLUNTARY/NEGLIGENT MANSLAUGHTER ►Occurs as a result of negligence. VOLUNTARY MANSLAUGHTER ►Committed in the heat of passion or during a sudden quarrel. **MURDER** ► Unlawful killing of a human being with malicious intent and qualifying circumstances. MASS MURDER ► Killing of a large number of people in a single incident. No \"cooling-off\" period ► Typically ends with death of perpetrator - suicide or killed by law enforcement. SERIAL MURDER -Kill three or more people over a period of more than a month. SPREE MURDER -A spree killer is much like a serial killer. CHARACTERISTICS -Kills more than one person at two or more locations. -Happens quickly -- with no cooling off period. -Killer is constantly moving\...hiding, running, planning. -Often end with suicide. **TYPES OF SEXUAL ASSAULTS** 1\. Rape: Non-consensual sexual intercourse achieved through force, threat of force, or when the victim is incapacitated. 2\. Statutory Rape: Sexual intercourse with a minor who is below the age of consent, regardless of whether it is consensual. 3\. Sexual Battery: Unwanted sexual contact or touching without penetration. 4\. Marital Rape: Non-consensual sexual intercourse between married partners. 5\. Incest: Sexual relations between close relatives, typically violating social and legal norms. **Conklin\'s Typology of Robbers** John E. Conklin, a criminologist, identified four typologies of robbers based on their patterns of behavior and motivation: 1\. Professional Robbers: These robbers plan their crimes carefully, often working in groups. They target large sums of money, such as banks or armored cars. Professional robbers typically have a long criminal career and view robbery as their occupation. 2\. Opportunistic Robbers: These individuals engage in robbery with little planning or forethought. They usually target vulnerable victims, such as people walking alone at night or in isolated areas. Opportunistic robbers often commit crimes on impulse, driven by immediate needs or desires. 3\. Addict Robbers: Addict robbers commit robbery to support their drug addiction. Their need for money to purchase drugs drives their criminal behavior. They may plan their crimes more than opportunistic robbers but less meticulously than professional robbers. 4\. Alcoholic Robbers: These robbers are typically intoxicated at the time of the crime. Their actions are often impulsive and lack planning. Alcoholic robbers may have a history of alcohol-related offenses and are usually less organized than other types of robbers. **DISTINGUISH TYPOLOGIES OF CRIMES, DELINQUENTS, AND CRIMINAL OFFENDERS** **GENERAL CLASSIFICATION OF CRIMES OR FELONIES** 1.*As to atrocity*- severity of the penalty or offense or felonies grave felonies: involves serious or heinous crimes with a penalty of capital or afflictive penalties. less grave felonies: involves a penalty of correctional penalties minor or light felonies: involves light penalties 2*.As to Intent* -crimes mala in se acts which are evil in themselves; inherently wrong or evil in nature. All crimes penalized under the RPC.  -crimes mala prohibita acts which are prohibited because the law has defined it to be a crime. Crimes penalized by special laws are crimes mala prohibita. 3*.As to motive* -Economic crimes -Sexual crimes -Political crimes 4.*As to statistical purpose* -crimes against persons -crimes against property -crimes against chastity -crimes against public order -crimes against national security 5.*As to the stages in the commission of crime* -Consummated stage -Frustrated stage -Attempted stage \- **Elements:** -Offender commences the felony directly by overt acts; -Does not perform all acts which would produce the felony; -His acts are not stopped by his own spontaneous desistance. (accident or by reason of some cause) Frustrated stage **Elements:** -Offender performs all the acts of execution; -All these acts would produce the felony as a consequence; -But the felony is not produced; By reason of causes independent of the will of the perpetrator. **Consummated stage** **Elements:**  \- When all the elements of the crime necessary for its execution and accomplishment are present.  \--All acts of execution are present.  -The result sought is achieved. **What are the three stages of the acts execution of a felony?** The three stages of execution of a felony are **attempted, frustrated and consummated.** Are these stages of execution punishable? Consummated felonies, as well as those which are frustrated and attempted, are punishable (Art. 6, 1st paragraph, RPC). When is a felony attempted? A felony is attempted when the offender commences the commission of a felony directly by over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance (Art. 6, 3rd paragraph, RPC). Notes: **Elements of Attempted Felony**  -The offender commences the commission of the felony directly by overt acts;  -He does not perform all the acts of execution which should produce the felony The offender\'s act be not stopped by his own spontaneous desistance; and The non-performance of all the acts of execution was due to cause or accident other than his own spontaneous desistance. **When is a felony frustrated?** A felony is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator [(Art. 6, 2nd paragraph, RPC).] Notes: Elements of Frustrated Felony? -The offender performs all the acts of execution; -All the acts performed would produce the felony as a consequence; The felony is not produce ; By reason of causes independent of the will of the perpetrator. **Frustrated Felony Distinguished from Attempted Felony** In both, the offender has not accomplished his criminal purpose. In frustrated felony, the offender has performed all the acts of execution which would produce the felony, while in attempted felony, the offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of execution. In other words, in frustrated felony, the offender has reached the objective phase; in attempted felony, the offender has not passed the subjective phase. **SUBJECTIVE PHASE** It is that portion of the execution of the crime, starting from the point where the offender begins to that point where he has still control over his acts, including their natural course. **OBJECTIVE PHASE** It is that portion of the acts of the offender, where he has no more control over the same. All the acts of execution have been performed by him. **Are there felonies that have no attempted or frustrated stages of execution? If yes what are they?** Yes there are felonies that have no attempted and frustrated felonies. They are: -flight to enemy country, -corruption of minors, -formal crimes, like slander and false testimony; -felonies by omission like misprision of treason; and -treason. **Formal crimes:** crimes can only be committed under consummated stage **Material crimes**: crimes with 3 stages. Consummated, frustrated, attempted stage -The crime of flight to enemy country has no attempted and frustrated stages of execution because in flight to enemy country, the mere attempt to flee or go to enemy country consummates the crime. -The same is true with the crime of corruption of minors. The mere proposal to the minor to satisfy the lust of another consummates the crime. -In formal crimes, there is no attempted and frustrated stages of execution because they are consummated in one instant by a single act. -In felonies by omission, there is either a felony when the offender fails to perform an act required by law to be done, or no felony, if the offender performs the act. **When is a felony consummated?** -A felony is consummated when all the elements necessary for its execution and accomplishment are present.​ -Every crime has its own elements which must all be present to constitute a culpable violation of a precept of law. 7. **As to penalty** -Crimes punishable by capital or afflictive penalties GRAVE FELONIES -Capital penalty: death penalty Afflictive penalties: -Life Imprisonment: highest penalty to be imposed in violation of a special law -Reclusion Perpetua or RP: 20 years and 1 day to 40 years: highest penalty imposed in violation of the revised penal code -Reclusion Temporal or RP: 12 years and 1 day to 20 years -Prision Mayor or PM: 6 years and 1 day 12 years **Crimes punishable by correctional penalties:** LESS GRAVE FELONIES -Prision correccional or PC: 6 months and 1 day to 6 years -Arresto mayor or Amayor: 1 month and 1 day to 6 months **Crimes punishable by light penalties:** LIGHT FELONIES -Arresto menor or Amenor: 1 day to 30 days **Plurality of the Crimes** 1\. Simple -When a single act constitutes only one offense. Ex. Rape 2\. Complex -When a single act constitutes two or more grave felonies or when an offense is a necessary means for committing the other. Fx. Rape with homicide **CRIMINOLOGICAL CLASSIFICATION OF CRIMES** 1[.As to the result of crimes] a\. acquisitive crime - when the offender acquires something as a consequence of his criminal act e.g. Theft & Robbery b.extinctive crime - when the end result of a criminal act is destructive e.g. Arson & Malicious Mischief 2[.As to the time or period committed] a.seasonal crime - those committed only during a certain period of the year e.g. violation of tax law or tax evasion; vote buying, electoral sabotage and other election related cases. Treason b.situational crimes - those committed only when given the situation conducive to its commission e.g. given opportunity 3.[As to the length of time committed] a.instant crimes - those committed in the shortest possible time b.episodal crime - those committed by a series of act in a lengthy space of time. 1. A[s to the place of location of the commission] a. static crime - those committed in one place b. continuing crime - those that can be committed in several places. e.g transnational crimes 5.[As to the use of mental faculties] a.rational crimes - those committed with intention and offender is in full possession of his sanity c. irrational crimes - those committed by persons who do not know the nature and quality of his act on account of the disease of the mind. 6*.[As to the type of offenders]* a.white collar crimes - those committed by person of respectability and of upper socio-economic class in the course of their occupational activities: Coined by Edwin H. Sutherland b.blue collar crimes - those committed by ordinary professional criminals to maintain their livelihood. 7[.As to the standard of living of the criminals] a.Crimes of the upper world - falsification cases b.Crimes of the underworld - bag snatching 8.[Crime by Imitation] \- "copy cat" crime, committed by mere duplication of what was done by others. 9.[Crime by Passion] \- committed because of the fit of great emotion, such as anger 10.[Occupational (service related) Crime] \- committed by rendering all service to satisfy the desire of another. **FUNDAMENTAL STUDY OF CRIMINAL LAW** Criminal or penal law is that branch of public law which defines crimes, treat of their nature, and provides for their punishment. NOTE: The Revised Penal Code is the book that contains the PHILIPPINE CRIMINAL LAW and likewise, it is embodied in different special laws and decrees which are penal or criminal in nature. JANUARY 1, 1932 - effectivity date of the Revised Penal Code **FELONIES AND CRIMES** CRIME is also defined as an act committed or omitted in violation of a public law forbidding or commanding it. -is also defined as an act that violates the law of the law of the nation. **FELONIES** are acts and omissions punishable by revised penal code. They are committed not only by means of deceit (dolo) but also by means of fault (culpa) (Art. 3, RPC). **Criminal Law** Is a branch of municipal law which defines crimes, treats of their nature and provides for their punishment. **Characteristics of Criminal Law** 1.Generality 2.Territoriality 3.Prospectivity 1**.Generality** -Criminal law is binding on all persons who reside or sojourn in the Philippines. Examples: ALIEN: FOREIGNER Exceptions: 1.Treaty stipulation 2.Laws of preferential application 3.Principles of Public international law. Examples: a.Sovereigns and other head of state. b.Ambassador, minister plenipotentiary, minister resident and charges d\' affaires. But consuls, vice-consuls and other foreign commercial representatives cannot claim the privileges and immunities accorded to ambassadors and ministers.  Retinue: Helpers or employee of the head of the state are also excepted. 2**.Territoriality** Penal laws of the Philippines are enforceable only within its territory. Exception: Article 2 of the RPC is binding even on crimes committed outside of the Philippines. 1.Offenses committed while on Philippine ship or airship. French Rule: Crimes are not triable in the origin country. English Rule: Crimes are triable in the country of origin. Philippines follow this system. 2. Forging or counterfeiting any coin or currency note of the Philippines or the obligations and securities issued by the government. 3. Introduction into the country of the above mentioned obligations and securities. 4.While being public officers and employees and offense is committed in the exercise of their functions. 5.Crimes against national security and the law of the nations defined in title I of Book II of the Revised Penal Code. Example is TREASON. 3**.Prospectivity** -Criminal law has no retroactive effect. Example: A, farted in public place e.g. elevator on October 21. October 25 President Duterte signed RA 11111 penalizing farting in public spaces with a penalty of Prision Mayor. Exception: When the law is favorable to the accused. Example: A, committed murder last October 21 with a penalty of reclusion perpetua. October 25, President Duterte signed into law RA 55555 reducing the penalty of murder from reclusion perpetua to now reclusion temporal. Exception to the Exception: Offender is a habitual criminal Nullum Crimen, Nulla Poena, Sine Lege -There is no crime if there is no law punishing it. Mistake of Fact -Misapprehension or misunderstood of fact on the part of the person who caused injury to another. He is not criminally liable. Examples. People of the Philippines vs. Achong **Motivated by criminal intent, the offender is criminally liable in:** 1.Error in personae - mistake in identity 2.Abberatio ictus - mistake in blow 3.Praeter intentionem - lack of intent to commit so grave a wrong. **Impossible crime**: BOOK 1 RPC; ARRESTO MAYOR Requisites: 1.Act would have been an offense against persons or property; 2.There was a criminal intent; 3.Accomplishment is inherently impossible or inadequate or ineffectual means are employed; 4.Act is not an actual violation of another provision of the RPC or of special law; Who are **Criminally Liable?** for grave and less grave felonies: 1.Principals. 2.Accomplices. 3.Accessories. The following are **criminally liable for light felonies:** 1.Principals 2.Accomplices. Principals: The following are considered principais: 1\. Those who take a direct part in the execution of the act; Principals by DIRECT PARTICIPATION. A wants to kill B. A shot B using his 9MM pistol. B died. A is liable for MURDER. 2\. Those who directly force or induce others to commit it; PRINCIPAL BY INDUCEMENT. A wants to kill B. A hired C, a hired killer in exchange of 1M. С killed B using his 9MM pistol. Both A and C are liable for MURDER. 3\. Those who cooperate in the commission of the offense by another act without which would not have been accomplished. PRINCIPAL COOPERATION. BY INDISPENSABLE A wants to kill B. A hired C, a hired killer to kill B. B is living in the middle of the sea. C, sought the help of D, a lone boat owner to use the boat. D agreed knowing the criminal designs of A and C to kill B. C managed to ride the boat of D and was able to kill B using his 9MM pistol. Ais liable as PRINCIPAL BY INDUCEMENT. C is liable as PRINCIPAL BY DIRECT PARTICIPATION. Dis liable as PRINCIPAL BY INDISPENSABLE COOPERATION. A, C, D ARE ALL LIABLE FOR MURDER. Accomplices: omplices are those persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts. Ex: A wants to kill B. A hired C to kill B. C sought the help of D, a gun owner. Knowing the criminal design of A and C to kill B, D lent his 9MM pistol. C managed to kill B using the 9MM pistol of D. A is liable as PRINCIPAL BY INDUCEMENT. Cis liable as PRINCIPAL BY DIRECT RARTICIPATION. D is liable as ACCOMPLICE to the crime of MURDER of A and C. **Accessories:** Have knowledge of the commission of the crime, without having participated either as principals or accomplices, take part subsequent to its commission Accessories; Acts Committed: \- By profiting themselves or assisting the offender to profit by the fruits or effects of the crime. \- By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. By harboring, concealing, or assisting in the escape of the principals of the crime. **Who is a Criminal?** One of the basis of the definition of crime, a criminal maybe ned in three ways: 1\. A criminal is a person who has committed a crime and has been convicted of final judgment by a competent court. **LEGAL DEFINITION** 2\. A criminal is a person who violated a social norm or one who acted an anti-social act. **SOCIOLOGICAL DEFINITION** 3\. A criminal is one who violated rules of conduct due to behavioral maladjustment. **PSYCHOLOGICAL SENSE OR PERSPECTIVE** \- He is a person who has committed a wrongful act punishable by law of the land and has been finally convicted of the case charged against him in the competent court of justice. **CLASSIFICATION OF CRIMINALS** Based on **etiology:** A. Acute Criminal \- One who violates a criminal law by impulse or due to fit of passion. B. Chronic Criminal \- One who acted with deliberation or premeditation, one who plans the crime ahead of time. commits crime with his full sanity. Based on **behavioral system:** A. Ordinary Criminal \- Considered as the lowest mammal in the criminal pession; he was forced by opportunity pushed to commit crime. B. Professional Criminal \- One who is engaged in criminal activities with high degree of skill; he uses crime to maintain a living. His business is the conduct of criminal activities. C. Organized criminal \- Has high degree of organization to enable them to commit crimes without being detected and committed to specialized activities which can be operated in large scale business. Based on **mental attitude:** A.Active Criminal \- One who commits crime due to aggressiveness B. Passive Criminal \- One who commits crime because they are forced by a reward or promise. He is pushed by someone to violate the law. C. Socialized Delinquent \- Individual with defective socialization process or development thus he lacks proper moral values or ethical standards. He is normal in behavior but somewhat defective in his socialization with other persons. **Other classification of criminals:** A. Accidental Criminal \- one who commits crime when the situation is conducive B. Habitual Criminal \- one who consciously developed the habit of committing crime due to lack of self-control. **Types of Repeat Violators** Recidivist \- Any person who, at the time of his trial for one crimea chall have been previously convicted by final judgment of another crime embraced in the same title of this Code. (Item 9, Article 14, RPC) Quasi-Recidivist \- Any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed\' by law for the new felony. (Article 160, RPC) Reiteracion \- Any person who has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. (Item 10, Article 14, RPC) Habitual Delinquent \- Any person who within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa of falsification, he is found guilty guilty of any of sald crimes a third time 62,RPC) or oftener.(Rule 5, Article **LEARN AND EXPLICATE THE PHILIPPINE CRIMINOLOGY PROFESSION AND CAREER PATHS VERSUS CRIMINOLOGISTS IN OTHER COUNTRIES** Articulate the scope of practice and privileges of the Philippine Criminology **(RA 11131)** Profession and career paths **Brief History of Criminology in the Philippines** **1954** -Plaridel Educational Institution, now known as the Philippine College of Criminology (PCCr) On **July 1, 1972,** Republic Act No. 6506 or \"An Act Creating the Board of Examiners for Criminologists in the Philippines and For Other Purposes\", was enacted. In **1987.** the first Board of Examiner was composed of Dr. Sixto O de Leon as Chairman, Atty. Virgilio B. Andres and Jaime 5. Navarro as Members. **Syllabi of Subjects in the Criminologists Licensure Examinations** New Table of Specifications (TOS) under Republic Act No. 11131 **REPUBLIC ACT No. 11131** AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS \"AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN THE PHILIPPINES\" **Section 1.** This Act shall be known as \"The Pilippine Criminology Profesalon Act of 2018\". **Section 2.** Statement of Policy The State recognizes the Importance of criminology profession in national security, public safety, peace and order, and in nation-building and development. Hence, it shall develop and nurture competent, virtuous, productive and well-rounded criminologists whose standards of professional practice and service shall be excellent, qualitative, world-class and globally competitive through sacred, honest, effective and credible licensure examinations, coupled with programs and activities that would promote professional growth and development. **Section 3**. Objectives. This Act shall govern: \(a) The examination, registration and licensure for criminologists; \(b) The supervision, control and regulation of the practice of criminology: \(c) The standardization and regulation of criminology education; \(d) The development of the professional competence of criminologists through Continuing Professional Development (CPD); and \(e) The integration of all criminology professional groups, and membership of all registered criminologists to the accredited professional organization. **Section 4.** Definition of Terms. As used in this Act, the following terms shall be defined as follows: \(a) APO refers to the Accredited Professional Organization of criminologists, that the Professional Regulatory Board of Criminology created hereunder and, hereinafter referred to as the Board, as the one and only recognized and accredited Integrated national organization of criminologists, subject to the approval of the Professional Regulation Commission (PRC) hereinafter referred to as the Commission created under Republic Act No. 8981, otherwise known as the \"PRC Modernization Act of 2000\"; \(b) Board refers to the Professional Regulatory Board for Criminologists created hereunder; c\) CHED refers to the Commission on Higher Education (CHED) created under Republic Act No. 7722, otherwise known as \"Higher Education Act of 1994\", in the formulation of policy standards, and monitoring of the criminology education in the country, which shall be assisted by the Criminology Technical Panel composed of the president of the APO, Chairperson of the Board of Criminology, one (1) from the academe, and two (2) from the law enforcement agencies; \(d) Commission refers to Professional Regulation Commission (PRC) hereinafter referred to as the Commission created under Republic Act No. 8981, otherwise known as the \"PRIC Modernization Act of 2000\"; \(e) Criminology refers to the scientific study of crimes, criminals, and victims, it also deals with the prevention, and solution of crimes; \(1) Profession refers to the art and science in the practice of criminology disapline, and, \(9) Registered criminologist refers to a natural person who holds a vald certificate of registration and an updated professional identification card as criminologist issued by the Board and the Commission pursuant to this Act. **Section 5.** Scope of Practice. The practice of criminology shall include, but shall not be limited to, acts or activities performed: \(a) In line with the practice of profession or occupation as a law inforcement administrator, executive, adviser, consultant, officer, investigator, agent or employee in any private or government agencies performing law enforcement and quasi-police functions at the Philippine National Police (PNP), the National Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA), the Bureau of Fire Protection (BFP), the Bureau of Jail Management and Penology (BJMP), the Provincial Jail, the Bureau of Corrections (BUCOR), the Probation and Parole Administration (PPA), the Bureau of Internal Revenue (BIR), the Bureau of Customs (BoC), the Bangko Sentral ng Pilipinas (BSP), other government and private banks, the Philippine Postal Corporation (PPC), the Sea and Air Marshalls, the VIP Security, Airport and Seaport Police, the National Intelligence Coordinating Agency (NICA), the Intelligence Service of the Armed Forces of the Philippines (ISAFP), and other intelligence service or agencies of the government exercising similar functions; \(b) In line with the practice of teaching profession such as those performed by a professor, instructor eacher in any university, college or school duly recognized by the government of any of the following professional and component subjects of the criminology program: (1) Criminal Jurisprudence and Procedure; (2) Criminalistics; (3) Law Enforcement Administration; (4) Crime Detection and Investigation; (5) Correctional Administration; and (6) Criminal Sociology and Ethics, and other technical and specialized subjects in the criminology curriculum provided by the CHED; \(c) As a technidan, examiner/criminalist, or specialist in dactyloscopy, questioned document, deoxyribonucleic acid (DNA), lie detection, firearms identification, forensic photography, forensic chemistry and other scientific crime-detection and investigation; \(d) As a correctional administrator, executive, supervisor, or officer in any rehabilitation, correctional, and perial institution or facility, and in any community-based corrections, and rehabilitation agencies and/or programs \(e) As a counsellor, consultant, adviser or researcher in any govemment 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, sdentific criminal investigation or public safety and rational secunty administration; and \(1) As a private investigator, administrator, consultant or agent, or detective in any private security and investigation agency organized under the laws of the Philippines **ARTICLE II PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS** **Section 6.** Creation and Composition of the Professional Regulatory Board for Criminologists. There is hereby created a Professignal 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 shalt be organized rot later than six (6) months from the effectivity of this Art **Section 7.** Oxifications of the Chairperson and Members of the Board The Chairperson and each member shall, at the time of their appointment, possess all these qualifications \(a) Must be a natural-born Filipino citizen and a resident of the Phillippines; b\) 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 ppointment 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 ofappointment 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 ther term: Prowidnt. That the holding of such postion shall not be more than two (2) terms nor more than six (6) years, whichever is longer frovided 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 bwa (2) members for one (1) year Provided fly. That any appointee to a vacancy with an unexpired pertod shall only serve such period. The Chairperson and the members shall culv take their oath of office. **Section 9.** Compensation, Allowances and Other Benefits. The Chairperson and members of the Board shall receive compensation, allowances and other benefits comparable to that being received by the Chairpersons and members of other Professional Regulatory Boards under the Commission as provided for under Section 10 of Republic Act No. 8981 and other existing laws. **Section 10.** Powers, Functions, Duties and Responsibilities of the Board. The Board shall exercise executive, ministrative, rule-making and quasi-judicial powers in carrying out the provisions of this Act. It shall be vested with the following specific powers, functions, duties and responsibilities: \(a) To administer, supervise, and monitor the conduct of the licensure examination, registration, membership in the APO and the practice of criminology in accordance with the provisions of this Act \(b) To receive complaints and decide the matter as to the malpractices and unethical conduct in the practice of the criminology profession, \(c) To promulgate and issue rules and regulations implementing the provisions of this Act: \(d) To promulgate and adopt Code of Ethics and Code of Good Govemance for the practice of criminology; \(e) To adopt en official seal of the Board, \(1) To prescribe and promulgate guidelines on the conduct of a CFD program for criminologists in consultation with the APO 9. Το οπmale, adopt or amend the syllat and labies of specificatiores of the subjects for the lensure examinatier\'s in consultation with the APO the academe, and the CHED Technical Panel for Criminology, ompare questions for the licensure examination which shall shitly be within the scope of the sylati of the subjects for examination, as well as administer and correct, and release the results of the licensure examinaturis \(h) To issue, suspend, revoke or reinstate the certificate of registration of the registered criminologist or temporary/special pemnit granted to foreign criminologist cancel To adminster paths in the performance of its functions such as, but not limited to, the oath of a professional to successful examinees in licensure examination for criminologist together with the APO in an appropriate mass oath-taking ceremony to be held for the purpose; \(1) To monitor the conditions affecting the practice of criminology and whenever necessary, adopt such measure as may be deemed proper for the enhancement of the profession and the maintenance of high professional, ethical and technical standards; for this purpose, the members of the Board, duly authorized by the Commission, may conduct ocular inspection of establishments where criminology is practiced, and recommend sanction as It may deem proper to the appropriate govemment agency concerned; \(k) To monitor all colleges and universities offering criminology program and recommend sanctions to the CHED or to other authorized government offices, for noncompliance witf the polices, standards, and requirements as to faculty qualifications, laboratory, library, facilities and equipment, research outputs, curriculum and administration of the criminology education; \(1) To hear and investigate cases on violations of this Act, its implementing rules and regulations (IRR), the Code of Ethics, the Code of Good Governance and other policies, and for this purpose, to issue summons, sutipoena ad testificandum and subpoena duces tecum to, alleged violators and/or witnesses to compel their attendance in such hearings or investigations and the production of documents in connection therewith: \(m) To delegate to the Commission the hearing or investigation of cases against the alleged violators: Provided. That the hearing or investigation of Cases wherein the issue or question involved strictly concems the technical practice of criminology shall be presided over by at least one (1) member of the Board assisted by a Legal or Heaning Officer of the Commission, \- To recommend to the Commission the endorsement of cases involving criminal violations of this Act, its TRR, and other laws to the Prosecution Office or appropriate government agency, for investigation and appropriate action To disqualify applicants for the licensure examination who has been previously convicted of a crime with finality Involving moral turpitude. Hear and decide administrative cases against Me examinees or registered criminologists if they have been convicted of a crime involving moral turpitude: Provided, Thet if they are found guilty, the Board shall cancel their examination papers and/or predude them from taking another licensure examination, or to revoke/suspend their certificates of registration and cause the surrender of their professional identification card subject to the rules and regulations of the PRC: Provided, further, That the decision of the Board shall, unless appealed to the Commission, become final and executory after fifteen (15) days from receipt of notice of Judigment or decision; \(p) To conduct, through the Legal or Hearing Officers, summary proceedings against the examinees who commit violations of this Act, its IRR, any of the Codes aforementioned, including violation of the General Instructions to Examinees, and to render summary judgment thereon which shall, unless appealed to the Commission, become final and executory after fifteen (15) days from receipt of notice of judgment or decision; \(q) To prepare an annual report of accomplishments on programs, projects and activities of the Board for submission to the Commission after the close of each calendar year and make appropriate recommendations to the Commission on issues or problems affecting the criminology profession; and \(r) To exercise such other powers as may be provided by law as well as those which may be mplied from, or which are incidental or necessary to the effective carrying out of the express powers granted to the Board to achieve the objectives and purposes of this Act. The resolutions, rules and regulations and other policies issued and promulgated by the Board shall be subject for review and approval by the Commission. **Section 11.** Grounds for Removal or Suspension of Bard Chairperson/Member. The President of the ppines, upon -the-recommendation of the Commission, after due process and administrative Investigation conducted by the Commission, may remove or suspend the Chairperson or member of the Board on any of the following grounds: \(a) Gross neglect, incompetence or dishonesty in the discharge of one\'s duty; \(b) Commission of any of the causes/grounds and the prohibited acts provided in this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corrupt Practices Act, nd other taws; \(c) Manipulation or rigging of the results in the licensure examination for criminologists, disclosure of secret and confidential information on the examination questions prior to the conduct thereof, or tampering of grades; and \(d) Conviction with final judgment of any crime involving moral turpitude. The Commission, in the conduct of the Investigation, shall be guided by Section 7(s) of Republic Act No. 8981, the rules on administrative investigation, and the applicable provisions of the New Rules of Court. **Section 12.** Administrative Supervision of the Board: Provision of Support Services. The Board shall be under the administrative supervision of the Commission. The Commission shall keep all records of the Board including applications for examination, examination papers and results, minutes of deliberation and administrative cases. The Commission shall designate the Secretary of the Board and shall provide the other support services to the Board in order to implement the provisions of this Act. **ARTICLE II** **EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE** **Section 13.** Passing of Licensure Examination Requirements. Except as otherwise specifically allowed under this Act, applicants for registration for the practice of criminology shall be required to pass a licensure examination as provided for in this Act, In such places and dates as the Commission may designate in the resolution thereof on the Master Schedules for all licensure examinations in accordance with Section 7(d) of Republic Act No. 8981. **Section 14**. Qualifications of an Applicant for the Lipensure Examination. An applicant for the licensure emination for criminologist shall satisfactorily prove that dhe possesses the following qualifications: \(a) Must be a citizen of the Philippines or a foreign citizen whose country/stalte has reciprocity with the Philippines in the practice of criminology; \(b) Must be of good moral character, good reputation and of sound mind and body certified by the school wrhere he/she graduated and the barangay where he/she lives, unless the examinee is a foreign national a certification from any professional of good standing will do; \(c) Must hold a bachelor\'s degree in criminology duly accredited by the CHED) and conferred by school/college/university duly authorized by the government It\'s equivalent degree obtained by either a Filipino or foreign citizen from an institution of learning in a foreign country/state: Provided, That it is culy recognized and/or accredited by the CHED, \(d) Must not have been convicted of an offense involving moral turpitude by a court of competent jurisdiction; and \(e) Those who failed five (5) times whether consecutive o cumulative in the criminologist licensure examination, must present a certification issued by a reputable institution duly recognized by the CHED that such applicant has satisfactorily completed a refresher course in criminology. **BOARD LICENSURE EXAMINATION FOR CRIMINOLOGISTS** DATE: DEC. 4, 5, & 6, 2022 PLACE OF EXAM: NCR, Baguio, Butuan, Cagayan de Oro, Cebu, Davao, Iloilo, Koronadal, Legaspi, Lucena, Pagadian, Pampanga, Rosales, Tacloban, Tuguegarao, Zamboanga and Cauayan DATE OF PRC APPLICATION: July 4, 2022-October 4, 2022 BACHELOR OF SCIENCE IN CRIMINOLOGY **PRC REQUIREMENTS:** NTS 1\. NSO/PSA Birth Certificate 2\. NSO/PSA Marriage Contract (for married female ap- plicants) 3\. TOR with scanned picture and Special Order No. (unless not required) and Remarks \"For Board Exami- nation Purposes\" (First Timers and Repeaters) 4\. CHED Certificate of Authentication and Verification (CAV) first-timers 5\. Valid NBI Clearance (First Timers & Repeaters) 6\. RTC Clearance - First Timer & Repeater 7\. Three (3) Certificate of Good Moral Character from the following: (First Timer & Repeater) A. Barangay Chairman B. Parish Priest C. Dean of School D. Employer \*Other documents that the Board may reasonably require 8. Payment: P900.00 - complete **Section 15.** Subjects for Licensure Examination. The licensure examination for criminologists shall include, but shall not be limited to the following: WHEREAS, Section 15 of R.A. No. 11131 and its IRR state that the Licensure Examination for Criminologists (LEC) shall include the following main subjects and their respective relative weights, subject to revision or exclusion or addition to conform with developing trends, in consultation with the AIPO and academe with approval of the Commission: MAIN SUBJECTS and RELATIVE WEIGHT 1.Criminal Jurisprudence and Procedure 20% 2.Law Enforcement Administration 20% 3.Crime Detection and Investigation 15% 4.Criminalistics 20 % 5.Correctional Administration 10% 6.Criminal Sociology 15% **TOTAL** 100% WHEREAS, Section 15 of R.A. No. 11131 and its IRR further provide that the Board may. however, change or revise any of the above subjects in the event that the CHED shall correspondingly change the curriculum prescribed for the Degree of Bachelor of Science in Criminology. In the conduct of the examination, the Board, in its discretion, may give practical and field examinations in each subject, as it may deem fit; WHEREFORE, the Board has RESOLVED, as it hereby RESOLVES, to revise the main subjects in the LEC including the coverage of their respective component subjects, their respective relative weights, and their respective schedule in the LEC, as follows:  This Resolution shall take effect after fifteen (15) days following its publication in the Official Gazette or in any newspaper of general circulation. Let copies hereof be furnished the U. P. Law Center, CHED, Professional Criminologists Association of the Philippines, Inc., criminology educator associations, relevant government agencies, and other registered criminologists association. Done in the City of Manila this 15th day of March 2021. **Section 16.** Persons to Teach Subjects for Upensure Examination. All subjects for the cure examination shall be taught by a registered criminologist who is a holder of a valid certificate of registration and updated professional identification card for criminologist, APO membership, and CPD required units earned, and meet other CHED requirements. Allied fields in criminology may also be allowed to teach as it may deem proper. **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 ge 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. **Section 18.** Report of Rating. The Board shall submit to the Commission the ratings obtained by the candidates not later than ten (10) days after the last day of the examination, unless the period is extended for a valid cause. **New BLEC** \- Criminology (20%) -CLJ (20%) \- CDI (20%) \- Forensics (15%) \- LEA (15%) \- CORAD (10%) **Ratings in the new BLEC** 75% 60% 80% **Section 19.** Oath. All successful candidates of the licensure examination shall take their owth of profession in person before the Board or any of its members, and with the APO in an oath-taking ceremony held for such purpose. Any person authorized by law may administer oath to any successful examinees only upon membership of the APO prior to entering the practice of the profession. **Section 20.** Issuance of Certificate of Registration and Professional Identification Card. A certificate of registration shall be issued to those who shall register, subject to payment of fees prescribed by the Commission. It shall bear the signatures of the Chairperson and the Commissioners of the Commission and the Chairperson and members of the Board, stamped with the official seal of the Commission and of the Board, certifying that the person named therein is entitled to practice the criminology profession with all the privileges appurtenant thereto It shall remain in full force and effect until withdrawn, suspended or revoked in accordance with this Act. A professional identification card bearing the registration number and date, its validity, and y duly signed by the Chairperson of the Commission shall likewise be issued to every registrant who has paid the prescribed fee. It shall be reissued after every three (3) years upon payment of the prescribed fees. prescribed units earned in the CPD, and certified by the APO as active member. **Section 22.** Revocation or Suspension of the Certificate of Registration and Cancellation of Imporary/Special Permit - The Board shall have the power, upon notice and hearing, to revoke or suspend the certificate of registration of a registered criminologist. **Section 25.** Renewal of Professional Identification Card. The professional identification card shall be renewed only upon the completion of the prescribed minimum units of the CPD program by the registrant from the APO or any accredited provider authorized by the Commission. **ARTICLE IV: PRACTICE OF CRIMINOLOGY** **Section 27.** Lawful Practitioners of Cominology. The following persons-shall be authorized to practice the criminology profession: \(a) **Natural persons:** \(1) Duly registered criminologists and holders of valid certificates of registration and valid professional identification cards issued by the Board and the Commission pursuant to this Act, and \(2) Holders of valid temporary/special permits issued by the Board and the Commission to foreign licensed criminologists pursuant to this Act. \(b) **Juridical persons:** \(1) Single proprietorship whose owner and technical staff are registered criminologists: \(2) Partnership duly registered with the Securities and Exchange Commission (SEC) as professional partnership pursuant to the avil Code and composed of partners majority of whom are registered criminologists; \(3) Corporation duly registered with the SEC as engaged in the practice of criminology and with officers and Board of Directors who are all registered criminologists; and \(4) Association and cooperative duly registered with the appropriate government agency as a non-stock corporation where majority of the officers, Board of Trustees and members are registered criminologists. These juridical persons shall also be registered with the Board and the Commasion in accordance with the rules and regulations thereon. **ARTICLE V** **PRIVILEGES OF REGISTERED CRIMINOLOGISTS** **Section 34.** Privleges of Registered Criminologists All registered otogists shall be exempt from taking any other entrance or qualifying government or civil service examinations and shall be considered civil service eligible to the following government positions, among others: (1) Dactylographer, (2) Ballistician, (3) Questioned Document Examiner, (4) Forensic Photographer; (5) Polygraph Examiner, (6) Probation Officer, (7) Parole Officer; (😎 Special Investigator; (9) Special Agent; (10) Investigative Agent; (11) Intelligence Agent: (12) Law Enforcement Evaluation Officer; (13) National Police Commission (NAPOLCOM) Inspector (14) Traffic Operation Officer; (15) Associate Graft Investigation Officer (16) Special Police Offiur; (17) Safekeeping Officer (18) Sheriff (19) Security Offmocr (20) Graminal Investigator: (21) Warden; (22) Reformation Officer (23) Firefighter, (24) Fire Marshal, (25) Jal Officer up to the tark of lat Superintendent; (26) Police Officer up to the rank of Peace Superintendent and other law enforcement agencies, and agencies uncker the Criminal Justion System **Section 35.** Preference of Appointment In Government Criminal Justice and Other Government Institutions. - Registered criminologists shall enjoy priority of appointment and shall not be required to take any qualifying or entrance minations in the PNP, the NBI, the BJMP, the BFP, the Land Transportation Office and other government-positions-related-to-criminology, police and law enforcement work, Investigations and security, corrections and public safety of the following bureaus, departments, Institutions or agencies of the government: the Department of Justice (DOJ); the Commission on Human Rights (CHR); the Office of the Ombudsman; the Philippine Ports Authority (PPA); the Commission on Elections (COMELEC); the Bureau of Treasury (BoT); the Philippine Amusement and Gaming Corporation (PAGCOR); the Department of Environment and Natural Resources (DENR); the Department of Tourism (DOT); the Department of Trade and Industry (DTI); the Armed Forces of the Philippines (AFP); the Bureau of Immigration (BI); the BoC; the Department of Transportation (DOTr); the Air Transportation Office (ATO); the Civil Aviation Authority of the Philippines (CAAP); the BSP; the BIR; the CHED; the City/Municipal Security Office; the Provincial Jail; the Provincial Security Office; the Metro Manila Development Authority (MMDA); the Supreme Court and lower courts; the Security Consultation; the Social Security System; the NAPOLCOM; the Autonomous Region in Muslim Mindanao (ARMM); the Optical Media Board; the Intellectual Property Rights Office; the PDEA; the Public Attorney\'s Office (PAO); the PPC; government- owned and -controlled corporations and other government agencies with positions involving the practice of criminology **Section 36.** Lateral Entry of Registered Criminologists. - Registered criminologists who are not in government service shall be eligible and given prererence for appointment via lateral entry as Police, Fire, and Jail Inspectors or its equivalent in the PDEA, NBI, and other law enforcement agencies: Provided, That they possess the general qualifications for appointment as provided in the existing laws on appointment of Police Officers in the PNP, BJMP, BFP, PDEA, or NBI: Provided, further, That those who are already in the police, fire, and jail service as non-commissioned officers and who are already registered and licensed criminologists shall be given preference for lateral entry. 