FDE REVIEWER PDF - Criminology Fundamentals

Topic 2 Fundamental Concepts of Law, Crime, Criminology, Criminal Justice, Deviance, and Delinquency. Lesson 1. Criminology (Concept & Etimology)  Criminology (from Latin crīmen, "accusation"; and Greek -λογία, -logia) is the social science appr...

Topic 2 Fundamental Concepts of Law, Crime, Criminology, Criminal Justice, Deviance, and Delinquency. Lesson 1. Criminology (Concept & Etimology)  Criminology (from Latin crīmen, "accusation"; and Greek -λογία, -logia) is the social science approach to the study of crime as an individual and social phenomenon.  In 1885, Italian Law Professor Raffaele Garofalo coined the term "criminology" (in Italian, criminologia).  French Anthropologist Paul Topinard used it for the first time in French (criminologie) around the same time.  Criminology is an advanced, theoretical field of study. It can be defined as:  the study of crime,  the causes of crime (etiology),  the meaning of crime in terms of law, and  community reaction to crime. What is the definition of CRIMINOLOGY as defined by various authors?  Is the study of crimes and criminals and the effort of society to prevent and repress them.  Is a body of knowledge regarding delinquency and crime as a social phenomenon (Tradio, 1999).  Is a multidisciplinary study of crimes (Bartol, 1995).  Is the study of of crime as a social phenomenon, or of criminals – the mental traits, habits and discipline (Sutherland and Cressey).  Is the study of crimes and its treatment (Elliot and Merill).  The scientific study of the causes of crime in relation to man and society who set and defines rules and regulations for himself and others to govern. NOTE: Criminology as a multidisciplinary study was dominated over the years by the following disciplines. a. Sociology (Sociological Criminology) – The study of crime focused on the group of people and society as a whole. It is primarily based on the examination of the relationship of demographic and group variables to crime. b. Psychology (Psychological criminology) – the science of behavior and mental processes of the criminal. It is focused on the individual criminal behavior – how it is acquired, evoked, maintained and modified. Both the environmental and personality influences are considered, along with the mental processes that mediate the behavior. c. Psychiatry (Psychiatric Criminology) – the science that deals with the study of crime through forensic psychiatry, the study of criminal behavior in terms of motives and drives that strongly relies on the individual. (Psychoanalytic Theory – Sigmund Freud – traditional view). It also explains that criminals are acting out of uncontrollable animalistic, unconsciousness, or biological urges (modern view). What is the Scope of the Study of Criminology?  The Making of Laws  This pertains to the examination of the nature and structure of laws in the society which could be analyzed scientifically, systematically, and exhaustively to learn crime causation and eventually help fight them.  The Breaking of Laws  This pertains to the examination of the reasons of crime causation which primarily deals to answer issues why despite the presence of laws people still commit crimes.  Reaction Towards the Breaking of Laws  This pertains to the study of how people, the criminal, and the government reacts towards the breaking of laws because the reactions necessarily bring light to the development of modern measures to treat criminal offenders at the same time the reaction may be contributory to criminality. What are the Principal Areas or Divisions of Criminology? 1. Criminal Behavior or Criminal Etiology – the scientific analysis of the causes of crime; 2. Sociology of Law – the study of law and its application; 1  3. Penology or Correction – the study that deals with punishment and the treatment of criminals. 4. Criminalistics or forensic Science – one more area of concern in crime detection and investigation. Criminalistics is included as a division in criminology because criminologist are also engaged in studying criminal things, the analysis of physical evidences taken from the crime scene left behind by a criminal perpetrator. What is the Importance of Studying Criminology? 1. A source of philosophy of life; 2. A background for a profession or for social service; 3. Because criminals are legitimate objects of interest; 4. Because crime is a costly problem. What are the Purposes of Studying Criminology? 1. The primary aim is to prevent the crime problem. 2. To understand crimes and criminals which are basic to knowing the actions to be done to prevent them. 3. To prepare for a career in law enforcement and scientific crime detection. 4. To develop an understanding of the constitutional guarantees and due process of law in the administration of justice. 5. To foster a higher concept of citizenry and leadership together with an understanding of one’s moral and legal responsibilities to his fellowmen, his community and the nation. What is the Nature of Criminology as a field of study? 1. An Applied Science – 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. 2. A social science – Inasmuch as crime is a societal creation and that it exist in a society, its study must be considered a part of social science. 3. Dynamic – Criminology changes as social condition changes. That means the progress of criminology is concordant with the advancement of other sciences that have been applied to it. 4. Nationalistic – The study of crime must always be in relation with the existing criminal law within the territory. What are the objects and subject of interest in the study of Criminology? a. crimes (criminal Acts) b. criminals (perpetrators of crime) c. criminal behavior d. study of victims Lesson 2. The Concept of LAW  Refers to the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is use to govern a society and to control the behavior of its members.  The nature and function of law are diverse throughout history. In modern civilization some authorized body such a legislature or a court enacts the law. It is supported by the coercive power of the state, which enforces the law by means of appropriate penalties or remedies.  Law serves as assortment of functions. Laws against crimes generally referred to as Criminal Law, facilitate to maintain a peaceful, orderly, relatively stable society. Courts play a part to social stability by resolving disputes in a civilized method. What is the nature and definition of LAW? Nature: Law is society’s primary instrument for making known what acts are crimes and what sanctions may be applied to those who commit acts defined as crimes. Instrument for Justice. 2 Definition: Law is that method of social control that is formally enacted or promulgated by the agency or agencies of government duly authorized in that society to make law and that are subject to the interpretation by and through the courts. What are the forms of law? (Distinct sources of law and legal principles) 1. Common Law  Known in other countries as the body of principles, practices, usages and rules of action. 2. Statutory law.  A legislated law; or law made by the legislatures. 3. Case law.  Law made by justices in cases decided in the appellate courts especially by the Supreme Court. Types of Law 1. Civil Law.  Law which has something to do with such things as contracts, wills, inheritances, marriage, property, divorce, adoption, and the like and with private injuries which are called torts. 2. Criminal Law.  Is that branch or division of law which defines crimes, treats of their nature and provides for their punishment. Definition of Criminal Law Criminal Law is that branch or division of law, which defines crimes, treats of their nature, and provides for their punishment. Characteristics of Criminal Law 1. General because Criminal Law is binding on all persons who reside or sojourn in Philippine territory. 2. Territorial because criminal law undertakes to punish crimes committed within the Philippine territory. 3. Prospective is that a penal law cannot make an act punishable when committed. Crimes are punished under the laws in force at the time of their commission. Theories in Criminal Law 1. Classical theory a. Basis of criminal liability is human free will and the purpose of penalty is retribution. b. Man is essentially a moral creature with an absolutely free will to choose between good and evil. c. To establish a mechanical and direct proportion between crime and penalty. d. There is a scant regard to the human element. 2. Positivist theory a. Man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his volition. b. Crime is essentially a social and natural phenomenon and it cannot be treated and checked by the application of abstract principles of law and jurisprudence nor the imposition of fixed and predetermined penalty. The Revised Penal Code (RPC) as a Source of Criminal Law The Revised Penal Code (RPC) was Approved December 08, 1930 and took effect on January 1, 1932 (Art. 1, RPC) and is divided into: 1. Book One (Arts 1-113) 2. Book Two (Arts 114-365) Parts of the Revised Penal Code (RPC) Book 1 1. Principles affecting liability (Art. 1-20) 3  2. Penalties including liability (Art 21-113) Book 2 1. Specific Felonies and their penalties (114-366) What is the place of criminal law in the Philippine Legal system?  Philippine law may broadly be divided into two categories: Substantive law – this is that part of law that creates the rights and obligations of persons; defines their status; governs their relations; confers powers upon them. Note: Criminal Law is that part of law defining crimes and providing penalties for these crimes - is part of substantive law. Adjective Law – this is a part of law known also as remedial or procedural law that governs the prosecution or defense of actions involving the enforcement of rights and obligations. Note: Criminal Procedure governs criminal processes from the time of custodial investigation up to judgment – is part of remedial law.  Another division of Philippine Law is into: Public Law: that part of Philippine Law that deals principally with the powers, rights and obligations of the state. Note: Criminal Law is part of public law. Private Law: that part of Philippine Law that deals with the individual, his rights, his transactions, his affairs. Note: therefore by classification: Criminal Law is a part of Philippine Public and Substantive Law while Criminal Procedure is part of Philippine Public and Adjective (Remedial) Law.  Still another interesting division of Philippine Law is into: International Law: the law governing relations between states as sovereign entities or between states and international organizations of states such as United Nations, The International Community of the Red Cross, the World Trade Organizations, etc. Municipal Law: the entire body of law enacted by a jurisdiction and applied in the jurisdiction. Note: In the area of criminal justice, it is interesting to note that municipal law has lately been influenced considerably by developments in the international law. Lesson 3. The Fundamental Concept of Justice What is Justice?  Is a social norm providing guidance for people in their dealings with one another. The above def. requires two things: a. Your relations with others. b. The rights of others  As a standard against which actions are evaluated.  As a prescription for requirement that people act justly.  Traditionally, justice has been defined as rendering unto the other what is due to him What is Criminal Justice?  Criminal justice refers to the system by which justice is dispensed onto those who have committed a crime.  It includes the crime a defendant allegedly committed, the law enforcement officers who arrested him, the court system that prosecutes and defends him, and how the defendant is punished if he is convicted.  Law enforcement agencies, the courts system, and the detention and supervisory agencies for offenders all work together to maintain a society's rule of law. What is Substantive Justice and Procedural Justice? 4 Substantive Justice is that which is concerned with how best to allocate, distribute, and protect the substantive values of society. In the area of criminal justice, the substantive issue concerns are:  which behaviors are to be made criminal violations  what sanctions the law should provide for dealing with those who commit crimes. Procedural Justice is that which is concerned with how the law is administered – in other words what mechanisms or processes are used applying the law and making decisions in specific cases. In criminal justice, the term refers to:  how offenders are brought before the bar justice  the procedures used in gathering and presenting evidence  determining the guilt or innocence of the accused  deciding on the sentence to be imposed on the convicted. Lesson 4. The Fundamental Concept of Crime and Deviance, Delinquency and Criminal CRIME may be defined as:  An act or omission in violation of criminal law and its legal point.  An anti-social act; an act that is injurious, detrimental or harmful to the norms of society; they are the unacceptable acts in its social definition.  Psychologically, crime is an act, which is considered undesirable due to behavioral maladjustment of the offender; acts that are caused by maladaptive or abnormal behaviors.  Is also a generic name that refers to offense, felony and delinquency or misdemeanor.  Offense – is an act or omission that is punishable by special laws (is a statute enacted by congress, penal in character, which is not an amendment to the Revised Penal Code) such as Republic Acts, Presidential Decrees, Executive Orders, Memorandum Circulars, ordinances and rules and Regulations (Reyes, 1960).  Felony – is an act or omission that is punishable by the Revised Penal Code, the Criminal in the Philippines (Reyes, 1960).  Delinquency/Misdemeanor – acts that are in violation of simple rules and regulations usually referring to acts committed by minor offenders. The Concept of Deviance What Is Deviant Behavior?  Deviant behavior is defined as actions that violate social norms, which may include both informal social rules or more formal societal expectations and laws.  Socially acceptable behavior, on the other hand, refers to the actions that are generally viewed as being appropriate to engage in when in the presence of other people. Causes of Deviant Behavior  There are a variety of theories that explain why people engage in deviant behavior, including psychological, biological, and sociological explanations.  In reality, there are likely many factors that play a role in deviant behavior. These include genetics, personality, upbringing, environment, and societal influences.  It is also important to note that what is considered deviant can vary from one culture to the next. Other factors - including sex and socioeconomic status - also influence the informal and unwritten social rules and expectations that people are expected to conform to. Psychological Explanations of Deviant Behavior  Psychological theories of deviant behavior come from a variety of perspectives.  The psychoanalytic approach, for example, might suggest that all people have repressed, unconscious urges that lead to social deviance.  Learning theories, on the other hand, might suggest that these behaviors are learned by watching others engage in deviant behaviors. 5 Biological Explanations of deviant behavior  Biological explanations for deviance suggest that genetic influences play a significant role in deviant behavior.  Genetics also has an effect on temperament and overall personality.  These characteristics and traits may influence the likelihood that a person will engage in deviant behavior. Sociological Explanations of deviant behavior  One sociological explanation is Merton's strain theory, which suggests that there is a tension between a society's goals and the means that people have to reach those goals.  As a result, people often turn to deviant behavior (such as stealing or selling drugs) as a way to attain socially acceptable societal ideals (such as having wealth). Types of Deviant Behavior  Deviant behavior can include both informal and formal deviance from social norms.  Informal types of deviance are things that are considered socially unacceptable and inappropriate.  Formal types of deviant behavior are those that violate codified laws, regulations, and other rules. What is the Basic Concept of Delinquency? 1. It is used to describe a large number of disapproved behaviors of children or youths. In this sense, anything that the youth does which others do not like is called juvenile delinquency. Unlawful behavior: antisocial or illegal behavior or acts, especially by young people. Neglect of duty: failure to fulfill a duty, commitment, or responsibility (formal) How is Juvenile Delinquency Understood as an Anti-social Act?  It refers to an anti-social act or behavior of minors which deviates from the normal pattern of rules and regulations, custom and culture which society does not accept and which therefore, justifies some kind of admonishment, punishment or corrective measures in the public interest.  Commonly, the term is used to describe a large number of disapproved behaviors of children and youth. In another way, anything the youth does that others do not approve or like. CRIMINAL (concept & definition) Concept In the 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). In the CRIMINOLOGICAL SENSE, a person is already considered a criminal the moment he committed a crime. A criminal may be defined in three ways: 1. A person who committed a crime and has been convicted by a court of the violation of a criminal law. (legal definition) 2. A person who violated a social norm or one who did an anti-social act. (social definition) 3. A person who violated rules of conduct due to behavioral maladjustment. (psychological definition) 6  Topic 3. Historical Background of Criminology The origins of criminology are usually located in the late eighteenth (18 th) century writings of those who sought to reform criminal justice and penal systems that they perceived as cruel, inhumane and arbitrary. These old systems applied the law unequally, were subject to great corruption, and often used torture and the death penalty indiscriminately Early Ages (Ancient Time) The concept of crime was recognized in the earliest surviving legal codes. One of the first developed early code emerged in about 2000 BC by King Dungi of Sumer. Its content is known today because it was later adopted by Hammurabi (1750-1799 BC), the sixth King of Babylon, in his famous set of written laws that is today known as the CODE OF HAMURABI.  The law set out crimes and their correction.  Punishment was based on physical retaliations or lex talionis or “an eye for an eye, and a tooth for a tooth”.  The law provides protection to all classes of Babylonian society.  Another ancient code is the MOSAIC CODE of the Israelites (1200 BC).  According to tradition, God entered into a covenant with the tribes of Israel in which they agreed to obey His laws, as presented to them by Moses, in return for their special care and protection.  The code is not only the foundation of Judeo-Christian moral teachings, but is also basis for the US Legal System.  Also surviving in Roman law is contained in the TWELVE TABLES (451 BC). The twelve tables were formulated by a special commission of ten men in response to pressure from the lower classes – the plebeians.  The plebeians believed that an unwritten code gave arbitrary and unlimited power to the wealthy classes – the patricians who serve as magistrates. Criminology during the 18th Century In the eighteenth century, criminological literature, whether psychological, sociological, or psychiatric in bent, has traditionally been divided into three broad schools of thought about the causes of crime:  The classical,  The neo-classical and  The positivist schools of criminology. (Further discussion will be on the Theories of Crime Causation) Criminology during the 19th Century This became the Rise of the Sociological Perspectives on crimes, criminals and their behavior. The shift of the blame to the social and environmental circumstances. This also includes the theories which promotes that people’s behavior bears some relationship to their biological and psychological constitution. Criminology during the 20th Century For most of the twentieth century, criminology’s primary orientation has been sociological. However, it has also been deeply influenced by the contributions of persons in several diverse fields. Other contributions were made by historians and political economists in their study of the history of laws and the evolving definition of crime in contemporary society. Criminology in the Philippines In the Philippine context, the study of crimes and criminal behavior is recent. However, criminology in general may be traced back along with the development of the Philippine Criminal Code and the legal system. The pre-Spanish codes such as the CODE of KALANTIAO and the MARAGTAS CODE have little influence to the present legal system. 1  In terms of Criminology Education, as early as June 11, 1956, the then Plaridel College, now the Philippine College of Criminology (PCCr), had already offered a four-year course leading to the degree Bachelor of Science in Criminology (B.S. Crim.). Hence, it was considered as the pioneering criminology school in the Philippines. On January 15, 1983, a noted Criminologist, Dean Cirilo M. Tradio together with other Criminology Deans organized and founded the Philippine Educators Association for Criminology Education (PEACE), with him as the Founder/President. Its primary objective is to professionalize criminology education in the context of national development. The passage of Republic Act No 6506, an Act Creating the Board of Examiners for Criminologists in the Philippines, requires all applicants for Registration as Criminologist to undergo the written examination, which in turn, qualify the Registrant to practice the profession as provided under Section 23 of RA 6506. Note: This Republic Act was repealed by RA 11131 in 2018. The Members of the First Board of Criminology 1. Dr. Sixto O. de Leon as Chairman 2. Atty. Virgilio B. Andres as Member 3. Jaime S. Navarro as Member 1987 - The year the first Board was constituted. (under RA 6506) Republic Act No. 11131 RA 11131 is otherwise known as the “Philippine Criminology Profession Act of 2018” Signed into law and was approved on November 8, 2018 by the Hon. President Rodrigo Roa Duterte This Act was passed by the Senate of the Philippines as Senate Bill no. 452 on March 12, 2018 and was adopted by the House of Representatives as an amendment to House Bill. No. 7191 on September 11, 2018. This is the current law that regulates the practice of criminology profession in the Philippines. Repealed Republic Act no. 6506. The Regulatory Agency that conducts Licensure Examination for Criminologist The Professional Regulations Commission (PRC) carries out the conduct of examination thru the Board of Examiners for Criminology who are qualified and chosen by PRC (Rule 2, Sec. 10 (a), RA 11131). The conduct of Examination is done twice a year. Schedules are published in the PRC website or through its official newsletter. The current members of the Board of Examiners for Criminology Atty. Ramil G, Gabao – Chairman Warren M. Corpuz – Member Lanie T. Palmones – Member Note: Currently, there are 2 vacant positions in the Board The Regulatory Agency that supervises and controls the Higher Education Institutions (HEI) in the country offering the programs for Criminal Justice Education? The Commission on Higher Education (CHED) - is the regulatory agency of the government charge to supervise and control Higher Education Institutions (HEI) in the country offering the programs for Criminology and Criminal Justice Education. Relevant CHED Memorandum Order (CMO) regarding the BS Criminology Program. CMO # 21, series 2005 provides the revised policies and standards for the degree Bachelor of Science in Criminology program under the Criminal Justice Education. CMO # 5, series 2018 provides the revised policies and standards for the degree Bachelor of Science in Criminology program in pursuance to outcomes based quality assurance system as advocated under CMO # 46 s. 2012 otherwise known as the policy standards to enhance Quality Assurance 2  (QA) in Philippine Higher Education through an outcomes based and typology based QA, a shift to learning competency–based standards/outcomes based education. BS Criminology Program: Nature and Field of Study under CMO # 5 S. 2018 The field of Criminology is the study of Crime and the various agencies of justice as they operate and react to:  crime,  criminals and  victims. BS in Criminology - Program Outcomes (CMO # 5 Series of 2018) Conduct Criminological Research on crimes, crime causation, victims and offenders, to include deviant behavior. Internalize the concepts of human rights and victim welfare. Demonstrate competence and broad understanding in Law enforcement administration, public safety and criminal justice. Utilize criminalistics or forensic Science in the investigation and detection of crime. Apply the principles and jurisprudence of criminal law, evidence, and criminal procedure Ensure offender’s welfare and development for their re-integration to the community. 3  THE SCHOOLS OF THOUGHT IN THE STUDY OF CRIMINOLOGY I. THE SCHOOLS OF THOUGHT In the eighteenth century, criminological literature, whether psychological, sociological, or psychiatric in bent, has traditionally been divided into four broad schools of thought about the causes of crime: (1) Classical, (2) Neo-Classical, (3) Positivist and the (4) Chicago schools of criminology. 1. The Classical School of Criminology Is a broad label for a group of thinkers of crime and punishment in the 18th and early 19th centuries. Its most prominent members, Cesare Beccaria and Jeremy Bentham, shared the idea that criminal behavior could be understood and controlled as an outcome of a "human nature" shared by all of us. Human beings were believed to be hedonistic, acting in terms of their own self-interest, but rational, capable of considering which course of action was really in their self-interest. Is a broad label for a group of thinkers of crime and punishment in the 18th and early 19th centuries. Its most prominent members, Cesare Beccaria and Jeremy Bentham, shared the idea that criminal behavior could be understood and controlled as an outcome of a "human nature" shared by all of us. Human beings were believed to be hedonistic, acting in terms of their own self-interest, but rational, capable of considering which course of action was really in their self-interest. A well-ordered state, therefore, would construct laws and punishments in such a way that people would understand peaceful and non-criminal actions to be in their self-interest-through strategies of punishment based on deterrence. Cesare Beccaria (Cesare Bonesara Marchese de Beccaria) with Jeremy Bentham (1823) who proposed “Utilitarian Hedonism”, the theory, which explains that a person always acts in such a way as to seek pleasure and avoid pain, became the main advocates of the Classical School of Criminology. A. Cesare Beccaria  In his “ESSAY on Crimes and Punishment”, he presented his key ideas on the abolition of torture as a legitimate means of extracting confessions. This book founded the Classical theory of Criminology which maintains that man is essentially a moral creature with absolute free will to choose between good and evil therefore tress is placed upon the criminal himself; that every man is responsible for his act.  Freewill (Beccaria) – a philosophy advocating punishment severe enough for people to choose, to avoid criminal acts. It includes the belief that a certain criminal act warrants a certain punishment without any punishment without any variation. B. Jeremy Bentham  A philosopher, economist, jurist, and legal reformer and the founder of modern utilitarianism, an ethical theory holding that actions are morally right if they tend to promote happiness or pleasure (and morally wrong if they tend to promote unhappiness or pain) among all those affected by them.  Utilitarianism is an ethical theory that determines right from wrong by focusing on outcomes. It is a form of consequentialism. Utilitarianism holds that the most ethical choice is the one that will produce the greatest good for the greatest number.  Hedonism– the belief that people choose pleasure and avoid pain. 2. The Neo-Classical School of Criminology  The criticisms against the classical school led to the foundation of the Neo-classical school of criminology. Under the neo-classical doctrine, there are situations or circumstances that made it impossible to exercise freewill are reasons to exempt the accused from conviction.  The Classicist maintained that human are totally responsible for their actions. The Neoclassicist said “not always”. They argue that freewill can be mitigated by pathology, incompetence, mental disorder.  The Neoclassical school does not represent any break with the classical view of human nature. It merely challenges the classical position of absolute freewill. 1   Because of this, it led also to the proposition that while the classical doctrine is correct in general, it should be modified in certain details: That children and lunatics should not be regarded as criminals and free from punishment. It must take into account certain mitigating circumstances. 3. The Positivist/Italian School of Criminology  The school that composed of Italians who agreed that in the study of crime the emphasis should be on scientific treatment of the criminal, not on the penalties to be imposed after conviction.  It maintained that crime as any other act is a natural phenomenon and is comparable to disaster or calamity.  That crime as a social and moral phenomenon which cannot be treated and checked by the imposition of punishment but rather rehabilitation or the enforcement of individual measures.  The Positivist School of Criminology rejected the Classical School's idea that all crime resulted from a choice that could potentially be made by anyone.  Though they did not disagree with the Classical School that most crime could be explained through "human nature," they argued that the most serious crimes were committed by individuals who were "primitive" or "atavistic"- that is, who failed to evolve to a fully human and civilized state.  Crime therefore resulted not from what criminals had in common with others in society, but from their distinctive physical or mental defects.  The positivists understood themselves as scientists: while the classical thinkers were concerned with legal reform, constructing an environment in which crime was seen to be not in an individual's self- interest, the positivists were concerned with scientifically isolating and identifying the determining causes of criminal behavior in individual offenders.  Cesare Lombroso and his two students, Enrico Ferri and Rafaele Garofalo were the primary personalities in this school of thought.. A. Cesare Lombroso (1836 – 1909)  The Italian leader of the positivist school of criminology, was criticized for his methodology and his attention to the biological characteristics of offenders, but his emphasis on the need to study offenders scientifically earned him the “father of modern criminology.”  His major contribution is the development of a scientific approach to the study of criminal behavior and to reform the criminal law.  He wrote the essay entitled “CRIME: Its Causes and Remedies” that contains his key ideas and the classifications of criminals. The Classifications of Criminals by Lombroso 1. Born Criminals – there are born criminals according to Lombroso, the belief that being criminal behavior is inherited. 2. Criminal by Passion – are individuals who are easily influenced by great emotions like fit of anger. 4. Insane Criminals – are those who commit crime due to abnormalities or psychological disorders. They should be exempted from criminal liability. Criminoloid – a person who commits crime due to less physical stamina/self control. 5. Occasional Criminal – are those who commit crime due to insignificant reasons that pushed them to do at a given occasion. 6. Pseudo-criminals – are those who kill in self-defense. B. Enrico Ferri (1856 – 1929)  He was the best-known Lombroso’s associate, parliamentarian, accomplished public lecturer, brilliant lawyer, editor, and scholar. Although he agreed with Lombroso on the biological bases of criminal behavior, his interest in socialism led him to recognize the importance of social, economic, and political determinants.  His greatest contribution was his attack on the classical doctrine of free will, which argued that criminals should be held morally responsible for their crimes because they must have made a rational decision to commit the crime.  He believed that criminals could not be held morally responsible for their crimes because they did not choose to commit crimes but, rather, were driven to commit them by conditions in their lives. 2   He also claimed that strict adherence to preventive measures based on scientific methods would eventually reduce crime and allow people to live together in society with less dependent on penal system (Adler, 1995). C. Raffaele Garofalo (1852 – 1934)  Another follower of Lombroso, an Italian nobleman, magistrate, senator, and professor of law.  Like Lombroso and Ferri, he rejected the doctrine of free will and supported the position that the only way to understand crime was to study it by scientific methods.  Influenced on Lombroso’s theory of atavistic stigmata (man’s inferior/ animalistic behavior), he traced the roots of criminal behavior not to physical features but to their psychological equivalents, which he called “moral anomalies”.  According to his theory, natural crimes are found in all human societies, regardless of the views of the lawmakers, and no civilized society can afford to disregard them.  Natural crimes, according to Garofalo, are those that offend the basic moral sentiments of probity (respect for property of others) and piety (revulsion against the infliction of suffering on others) (Adler, 1995). Types of Criminals by Garofalo 1. Murderers – those who are satisfied from vengeance/revenge. 2. Violent Criminals – those who commit very serious crimes. 3. Deficient Criminals – those who commit crime against property. 4. Lascivious Criminals – those who commit crime against chastity. Other advocates of Positivist Criminology A. Gabriel Tarde (1843 – 1904)  He formulated one of the earliest sociological theories of criminal behavior, who served fifteen years as provincial judge and then placed in charge of Frances’ National Statistics.  He rejected the Lombrosian theory of biological abnormality, which was popular in his time, arguing that criminals were normal people who learned crime just as others learned legitimate trades.  He formulated his theory in terms of laws of imitation – principles that governed the process by which people became criminals.  In his thesis, individuals emulate behavior patterns in much the same way that they copy styles of dress. Accordingly, patterns for emulation takes place:  (1) individuals imitate others in proportion to the intensity and frequency of their contacts;  (2) inferiors imitate superiors;  (3) when two behaviors clash, one may take place of the other, as when gun largely replaced knives as murder weapons.  Tarde’s work served as basis for Edwin Sutherland’s theory of differential association. B. Emile Durkheim (1858 – 1917)  He advocated the “Anomie Theory”, the theory that focused on the sociological point of the positivist school which explains that the absence of norms in a society provides a setting conductive to crimes and other anti-social acts.  According to him, the explanation of human conduct lies not in the individual but in the group and the social organization. The Chicago School  The Chicago School arose in the early 20th century through the work of Robert Ezra Park, Erness Burgess, and other urban sociologists at the University of Chicago.  In the 1920’s, Park and Burgess identified five concentric zones that often exists as cities grow, including the “zone in transition”, which was identified as most volatile and subject to disorder.  In the 1940’s, Henry McKay and Clifford R. Shaw focused on Juvenile Delinquents, finding that they were concentrated in the zone of transition. 3  TOPIC 5 Typologies of Crimes, Delinquents, and Criminal Offenders A. Classifications of Crimes Criminological Classification of Crimes According to the Result of the Crime  Acquisitive Crime is one which when committed the offender acquires something as a consequence of his criminal act.  The crime is extinctive when the result of criminal act is destruction. According to the time or period of the commission of the crime Seasonal crimes are those that are committed only at certain period of the year, while situational crimes are those that are committed only when given a situation conducive to its commission. According to the length of time of the commission of the crime: Episodic crimes are serial crimes, they are committed by series of act within a lengthy space of time. Instant crimes are those that are committed the shortest possible time. According to the place or location Static crimes are crimes that are committed only in one place. Continuing crime are crimes that are committed in several places. According to the use of mental faculties Rational crimes are those committed with intent; offender is in full possession of his mental faculties /capabilities. Irrational crimes are committed without intent; offender does not know the nature of his act. According to the type of offender White Collar Crimes are those committed by a person of responsibility and of upper socio- economic class in the course of their occupational activities. Blue Collar Crimes are those committed by ordinary professionals to maintain their livelihood. Upper World and Underworld Crimes Upper World Crimes are those committed by individuals belonging to the upper class of society. Under World Crimes are committed by members of the lower or under privilege class of society. Crimes by Imitation and Crimes by Passion Crimes by Imitation are crimes committed by merely duplication of what was done by others. Crimes by Passion are crimes committed because of the fit of great emotions. Service Crimes Service Crimes refers to crimes committed through rendition of a service to satisfy desire of another. Legal Classification of Crimes Under the Revised Penal Code of the Philippines (A source of Philippine Criminal Law), crimes are classified as: 1. Crimes against National Security and the Law of Nations. Example: Treason, Espionage, Piracy 2. Crimes against the Fundamental Law of the State. Example: Arbitrary Detention, Violation of Domicile 3. Crimes against Public Order. Example: Rebellion, Sedition, Coup d’tat 1 4. Crimes against Public Interest. Example: Forgery, Falsification, Fraud 5. Crimes against Public Morals Example: Gambling and betting, offences against decency and good customs like scandals, obscenity, vagrancy, and prostitution. 6. Crimes Committed by Public Officers Example: Malfeasance and Misfeasance 7. Crimes against Person Example: Murder, Rape, Physical Injuries 8. Crimes against Properties Example: Robbery, Theft 9. Crimes against Personal Liberty and Security Example: Illegal Detention, Kidnapping, Trespass to Dwelling, Threat and Coercion 10. Crimes against Chastity Example; Concubinage, Adultery, Seduction, Abduction, Acts of Lasciviousness 11. Crimes against Civil Status of Persons Example: Bigamy and Other Illegal Marriages 12. Crimes against Honor Example: Libel, Oral Defamation 13. Quasi-offenses or Criminal Negligence Example: Imprudence and Negligence Other Types of Crimes BIAS CRIMES - 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:  When at least one person is arrested, charged, and turned over to the court for prosecution,  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 - 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 become victims of robbery or theft, but they may also be victimized if their dignity is stripped from them when they are taunted by racists.  CRIMES 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. ECONOMIC CRIME - an act in violation of the criminal law that is designed to bring financial gain to the offender. ENTERPRISE CRIME - the use of illegal tactics by a business to make profit in the market place. EXPRESSIVE CRIME - a crime that has no purpose except to accomplish the behavior in their hand such as shooting someone. HATE CRIMES - acts of violence or intimidation designed to terrorize or frighten people considered undesirable because of their race, religion, ethnic origin, or sexual orientation. INCHOATE CRIMES - 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 illegal means. ORGANIZED CRIMES - illegal activities of people and organizations whose acknowledged purpose is profit through illegitimate business enterprise. 2  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 - Hatemongers who join forces to have fun by bashing minorities or destroying property; inflicting pain on others give a sadistic thrill. VICTIMLESS CRIMES - crimes that violate the moral order but in which there is 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, embezzlement, fraud, market manipulation, restraint of trade, and false advertising. B. General Classification of Criminals On the Basis of Etiology: Acute Criminals – persons who violate criminal law because of the impulse of the moment, fit of passion or anger. Chronic Criminals – persons who acted in consonance with deliberated thinking, such as:  Neurotic Criminals  Normal Criminals Chronic Criminals Neurotic Criminals – persons whose actions arise from the intra-psychic conflict between the social and anti-social components of his personality. Normal Criminals – persons whose psychic organization resembles that of a normal individual except that he identifies himself with criminal prototype. On the Basis of Behavioral System a. Ordinary criminals – the lowest form of criminal career; they engage only in conventional crimes which require limited skill. b. Organized criminals – these criminals have a high degree of organization that enables them to commit crimes without being detected and committed to specialized activities which can be operated in large scale businesses. c. Professional criminals – these are highly skilled and able to obtain considerable amount of money without being detected because of organization and contact with other professional criminals. On the Basis of Activities a) Professional criminals – those who earn their living through criminal activities. b) Accidental criminals – those who commit criminal acts as a result of unanticipated circumstances. c) Habitual criminals – those who continue to commit criminal acts for such diverse reasons due to deficiency of intelligence and lack of control. d) Situational criminals – those who are actually not criminals but get in trouble with legal authorities because they commit crimes intermixed with legitimate economic activities. Other Criminal types Career criminals - a person who repeatedly violates law and organizes his or her neighbors. Professional criminals - offenders who make a significant portion of their income for crime. Professional fence - an individual who earns his or her living solely by buying and retailing stolen merchandise. Reasoning criminal – a law-violating behavior occurs when an offender decides to risk breaking the law after considering both personal factors and situational factors such as how well a target is protected and the efficiency of the local police force. 3 Types of Delinquency (Refereed by Howard Becker) Four types of delinquencies: 1. Individual delinquency, 2. Group-supported delinquency, 3. Organized delinquency, and 4. Situational delinquency. 1. Individual Delinquency  This refers to delinquency in which only one individual is involved in committing a delinquent act and its cause is located within the individual delinquent. 2. Group-Supported Delinquency  In this type, the delinquencies are committed in companionship with others and the cause is located not in the personality of the individual or in the delinquent’s family but in the culture of the individual’s home and neighborhood. 3. Organized Delinquency:  This type refers to delinquencies that are committed by developing formally organized groups. 4. Situational Delinquency  The assumption is that delinquency is not deeply rooted, and motives for delinquency and means for controlling it are often relatively simple. Classification of Juvenile Delinquents (Schafer)  Emphasis is on psychological typologies and psychological dynamics of personality as the basis of classification. (1) Mentally Defective  This is an individual who has an organic problem and who has difficulty in controlling himself because of it.  This category also includes mentally retarded youngsters. (2) Situational Offenders  They are similar to the accidental offenders but, in these cases, there are more contributing factors.  Their delinquency is precipitated by a crisis or by some external event which they are unable to handle. (3) Psychotic Offenders  A small number of youngsters do not have contact with reality. They may be classified as schizophrenic or may be given some other psychiatric label. (4) Cultural Offenders  Youngsters in this category have either emulated a faculty identification model or they live in an economically and socially deprived environment.  Cultural offenders are considered normal members of a deviant sub-culture and their patterns of behavior are often accepted and called normative in their own environment. 4  TOPIC 6 Concepts of Punishment, Sentencing and Rehabilitation What is Punishment?  This term makes that certain acts are classified as ‘crimes’.  Weapon rulers used against their subjects in order to maintain a fear in the minds of the public regarding the capacities and powers of their rulers.  This is given as an insult to someone else The Concept of Punishment (Its definition) Punishment in its very conception is now acknowledged to be an inherently retributive practice, A liberal justification of punishment would proceed by showing that society needs the threat and the practice of punishment, Constraints on the use of threatened punishments (such as due process of law) are of course necessary, given the ways in which authority and power can be abused. What is a sentence? A sentence is the punishment a judge decides should be given to someone who has been convicted of a crime. In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. A sentence aims to:  Punish the offender – this can include going to prison, doing unpaid work in the community, obeying a curfew or paying a fine.  Reduce crime – by preventing the offender from committing more crime and putting others off from committing similar offences.  Reform and rehabilitate offenders – changing an offender’s behavior to prevent future crime  Protect the public – from the offender and from the risk of more crimes being committed by them. This could be by putting them in prison, restricting their activities or supervision by probation.  Make the offender give something back – for example, by the payment of compensation or through restorative justice. Restorative justice gives victims the chance to tell offenders about the impact of their crime and get an apology. Concept of Rehabilitation Rehabilitation is a central goal of the correctional system. This goal rests on the assumption that individuals can be treated and desist from crime. Rehabilitation was a central feature of corrections in the first half of the 20th century. The idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community. Established in legal practice in the 19th century, rehabilitation was viewed as a humane alternative to retribution and deterrence Rehabilitation is the process of re-educating and preparing those who have committed a crime, to re- enter society. The goal is to address all of the underlying root causes of crime in order to ensure inmates will be able to live a crime-free lifestyle once they are released from prison. TOPIC 7 The Law Governing the Criminology Profession in the Philippines Aims of RA 11131 or the “Philippine Criminology Profession Act of 2018” To govern the examination, registration, and licensure for criminologists; To supervise, control and regulate of the practice of criminology; To standardize and regulate the criminology education; To develop the professional competence of criminologists; and To integrate all criminology professional groups.  Scope of Practice of the Criminology Profession 1. Philippine National Police (PNP), 2. National Bureau of Investigation (NBI), 3. Philippine Drug Enforcement Agency (PDEA), 4. Bureau of Fire Protection (BFP), 5. Bureau of Jail Management and Penology (BJMP), 6. Provincial Jail, the Bureau of Corrections (BUCOR), 7. Probation and Parole Administration (PPA), 8. Bureau of Internal Revenue (BIR), 9. Bureau of Customs (BoC), 10. Bangko Sentral ng Pilipinas (BSP), 11. Other government and private banks, 12. Philippine Postal Corporation (PPC), 13. Sea and Air Marshalls, 14. VIP Security, Airport and Seaport Police, 15. National Intelligence Coordinating Agency (NICA), 16. Intelligence Service of the Armed Forces of the Philippines (ISAFO), and 17. Other intelligence service agencies of the government exercising similar functions; In line with the practice 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 As a correctional administrator, executive, supervisor, or officer in any rehabilitation, correctional, and penal institution or facility, As a counselor, consultant, adviser or researcher in any government or private agency on any aspect of criminological research As a private investigator, administrator, consultant or agent, or detective in any private security and investigation agency. Major Areas of Study in Criminology (Sec. 15, RA 11131 Areas Scope % 1. Criminal Jurisprudence 1. Criminal Law (Book I); Criminal Law (Book II); Related 20 % and Procedure Special Penal Laws; 2. Criminal Procedure; 3. Evidence; 4. Court testimony. 2.Law Enforcement 1. Police Organization and Administration, Police Planning; 20% Administration 2. Police Patrol Operations, Police Communication System; 3. Police Intelligence; 4. Police Personnel and Records Management; 5. Comparative Police Systems; 6. Industrial Security Management 3. Crime Detection and 1. Fundamentals of Criminal Investigation; 15% Investigation 2. Special Crime, Organized Crime Investigation; 3. Fire Technology and Arson Investigation; 4. Traffic Management and Accident Investigation;  5. Drug Education and Investigation; 6. Vice control 4. Criminalistics 1. Forensic Photography; 20% 2. Personal Identification; 3. Forensic Medicine; 4. Polygraphy; 5. Examination; 6. Forensic Ballistics; 7. Questioned Documents 5. Correctional 1. Institutional Corrections; 10% Administration 2. Non-Institutional Corrections 6. Criminal Sociology 1. Introduction to Criminology and Psychology of Crimes; 15% 2. Philippine Criminal Justice System; 3. Ethics and Values; 4. Juvenile Delinquency and Crime Prevention; 5. Human Behavior and Crisis Management; 6. Criminological Research and Statistics 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 results 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 dates 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. Issuance of Certificate of Registration and Professional Identification Card. A certificate of Registration shall be issued to those who shall register to 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. A Professional Identification Card bearing the registration number and date, its validity, and expiry 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. A Professional Identification Card bearing the registration number and date, its validity, and expiry 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. 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. Roster of Registered Criminologists The Board shall prepare and maintain a roster showing the names, residence and/or office address of all registered criminologists, which shall be updated annually in cooperation with the APO, indicating therein the status of the certificate of registration, professional identification card and APO membership. The roster shall be made available to any party as may be deemed necessary. Privileges of Registered Criminologists (1) Dactylographer; (2) Ballistician; (3) Questioned Document Examiner; (4) Forensic Photographer; (5) Polygraph Examiner; (6) Probation Officer; (7) Parole Officer; (8) Special Investigator; (9) Special Agent; (10) Investigative Agent; (11) Intelligence Agent; (12) Law Enforcement Evaluation Officer; (13) National Police Commission (NAPOLCOM) Inspector; (14) Traffic Operation Officer; (15) Associate Graft Investigation Officer; (16) Special Police Officer; (17) Safekeeping Officer; (18) Sheriff; (19) Security Officer; (20) Criminal Investigator; (21) Warden; (22) Reformation Officer; (23) Firefighter; (24) Fire Marshall; (25) Jail Officer up to the rank of Police Superintendent; (26) Police Officer up to the rank of Police Superintendent and other law enforcement agencies, and agencies under the Criminal Justice System. Preference of Appointment in Government Criminal Justice and Other Government Institutions. Registered criminologists shall enjoy priority appointment and shall not be required to take any qualifying or entrance examination in the PNP, the NBI, the BJMP, the BFP, the Land Transportation Office (LTO) and other government positions related to criminology, police and law enforcement work, investigation and security, corrections and public safety bureaus, departments, institutions or agencies of the government. Lateral Entry of Registered Criminologists Registered criminologists who are not in the government service shall be eligible and given preference for appointment via lateral entry as Police, Fire, and Jail Inspectors or its equivalent in the PDEA, NBI, and other law enforcement agencies: Provided, that they possess the general qualifications for appointment as provided in the existing laws on appointment of Police Officers in the PNP, BJMP, BFP, PDEA, or NBI: Provided, further, that those who are already in the police, fire, and jail service as non-commissioned officers and who are already registered and licensed criminologists shall be given preference for lateral entry.  Additional Topics on the study of Human Behavior and Deviancy Human behavior Human behavior refers to the range of behaviors displayed by individuals and which are influenced by their culture, attitudes, emotions, values, ethics, authority, rapport, hypnosis, persuasion, coercion, and/or genetics. Understanding other people’s behavior is hard. But understanding yours is even harder. In fact, sometimes we end up asking ourselves why we acted a certain way. Interestingly, human behavior is susceptible to social forces. This means that you act in response to social events. Unfortunately, environmental forces operate within your unconscious mind. This means you have no idea why you behave differently in different situations. Here are some of the psychological effects that might influence your behavior. 1. Audience Effect The audience effect is also called Social Facilitation Effect. It is a tendency of an individual to perform better in the presence of others than alone. But this effect mostly occurs when a person is prepared or already mastered a specific task. If you are new to a certain task, this effect may be highly unlikely. For example, a clever student may perform better in front of his classmates. But an average student may fail to do so. Why? Because the presence of other people boosts the confidence of a smart student but threatens the average one. 2. Ambiguity Effect The ambiguity effect is a behavioral tendency wherein a person makes a safe choice. In an ambiguous situation (a situation that you are not certain what to do) it is most likely that your decision leans towards a safer course of action. This cognitive bias affects people’s behavior in the field of investing. Most people are inclined to invest their money in the bank (the safe but low return) than in the stock market where the return on investment is high but volatile. 3. Halo Effect Halo effect is probably one of the most influential cognitive biases. This effect pertains to a tendency of an individual to judge someone as good, generous, and intelligent if s/he is a good looking. Halo effect is also evident in industrial settings. For instance, an interviewer selects an applicant based on shared values and experiences. As a result, the less competent applicants may be chosen over the more competent ones. 4. Hawthorne Effect Hawthorne effect is a reactive tendency in which a person changes his/her behavior due to an observer’s presence. This commonly happens in workplaces where employees tend to perform well when their boss is around. 5. Novelty Effect The novelty effect pertains to a person’s increased interest in new technology or method being applied. For instance, new teaching strategies such as using computer-aided educational materials can help boost students’ attention and interest. However, such interest, according to the novelty effect may vanish when students get accustomed to such a strategy. 6. Spacing Effect The spacing effect states that a person can only achieve effective learning if s/he studies a subject of interest for a long period of time. Cramming is not effective. This effect suggests that students should study in advance to have better memory performance. 7. Spotlight Effect The spotlight effect is another psychological effect that influences behavior. In this premise, a person may think and behave as if s/he is the center of attention. S/he clings to an illusion that everybody is looking at him/her. 8. Primacy Effect A primacy effect is a tendency in which a person tends to have better memory of the first information compared to the last information presented. The reason being is that there is a considerable amount of cognitive process involved in the first information than the last. As a result, you may remember well the name of the person who was first introduced to you than the last one. The Human Behavior can be best described as; a. Based on Psychological classification Emotional offenders – these are persons who commit crimes in the heat of passion, anger, and revenge, and also commit offenses of accidental nature. They have usually feeling of remorse and mental anguish. Their “ Conscience Bother them” and they have difficulty sleeping or taking a rest because of their feeling of guilt. The most effective interrogation approach to use for them is based upon sympathetic consideratioregarding their offense &present difficulty. Non- Emotional offenders-These are persons who commit crimes for financial gain and are usually recidivists or repeaters. A sympathetic approach is not effective. B. Based on Petersilia, Greenwood, and Lavin’s research: Intensive offenders -. Engage in criminal activity that begins at an early age and is sustained over time, consciously planned, persistent, skilled, and frequent They have a specific goal for their crimes such as supporting a high living or a drug habit. Intermittent offenders – engage in irregular and opportunistic crimes with low payoffs and great risk and do not think of themselves as professional criminals. C. Based on Chaiken’s typology of offenders Violent predatory offender – commits a disproportionate amount of all the crimes committed by inmates, began to commit crime at an early age, rarely has any family obligation, and has an irregular employment record. Classification Of Behavior ( Atkinson 1993) 1. Normal behavior ( Adaptive or adjusted behavior) – the standard behavior, the totality accepted behavior because they follow the standard norms of the society. 2. Abnormal Behavior(Maladaptive/maladjusted behavior) – a behavior that is deviant from social expectations because they go against the norms of the society. For example: weight, height, and intelligence cover a range of values when measured over a population, a person who is extremely intelligent or extremely happy would be classified as abnormal. In criminology, criminal behaviour is a form of antisocial behavior and is any behaviour that has criminal intent, this may result in a crime being committed, which if detected may lead to a criminal conviction as the result of adjudication within the criminal justice system. Criminal Behavior The focus of the Criminal behavior study is to understand offenders better and answer questions like who criminals are? why they commit an offense? (In order to define ways of preventing criminals), how they think? and, what they do? (in order to predict their future actions and assist the investigation) Andrews & Bonta, 1998 offered four general definitions of criminal behavior that will fit all types of it. These four areas include the following types of act: 1. Prohibited by law and punished by the state 2. Considered to be a violation of moral or religious code and is believed to be punishable by a Supreme Spiritual being such as God 3. Violate norms of society or traditions is believed to be punishable by community 4. Acts causing serious psychological stress or mental damage to a victim, but are somewhat affordable for the offender (referred to as “Psychological criminal behavior” ). Deviant/Deviance - the fact or state of departing from usual or accepted standards, especially in social or sexual behavior - Social norms differ throughout society and between cultures. A certain act or behavior may be viewed as deviant and receive sanctions or punishments within one society and be seen as normal behavior in another society. Additionally, as a society's understanding of social norms changes over time, so too does the collective perception of deviance. - Deviance is relative to the place where it was committed or to the time the act took place. Killing another human is generally considered wrong for example, except when governments permit it during warfare or for self-defense. There are two types of major deviant actions: mala in se and mala prohibita. Types of Deviance The violation of norms can be categorize into two forms: 1. Formal deviance - Formal deviance can be described as a crime, which violates laws in a society. 2. Informal deviance - Informal deviance is mini violations that break unwritten rules of social life. Norms that have great moral significance are mores. Under informal deviance, a more opposed societal taboo. Causes of Deviance in Society It is the failure of learning norms that creates Deviance. Socializing institutions fail to perform their roles. The learning of norms is the basis of obedience to norms. The following are institutions of socialization of norms in which the personality of an individual develops. They include Family, Media, Education and the Government. What causes people to be deviant? - when their set of goals has been blocked so they lashed out to Anomie and deviance. The rules are not clear to the people who agree with the goals but disagree with the methods Deviant behavior – is caused by complex interactions of psychological, sociological, economic, and biological forces that encourage individuals to rebel against societal norms. There are numerous conflicting theories on the causes of deviant behavior, but the main ones fall into three categories: functionalist, conflict, and symbolic interactionism. Signs of Deviance Destructive or self-destructive orientation is characterized by persistence and repetition. Signs of deviant behavior include social exclusion and self-identification as deviant in terms of age and gender. An act can be deviant but not criminal i.e. breaking social, but not legal, rules. Examples, of this, include acts that are seen as deviant when they occur in a certain context, such as a male manager wearing a dress to the office or someone talking loudly in the middle of a concert. Are all deviant acts crimes? Deviant Behavior Labeling theorist Howard Becker identified four different types of deviant behavior labels which are given as: 1. "Falsely accusing" an individual - others perceive the individual to be obtaining obedient or deviant behaviors. 2. "Pure deviance", others perceive the individual as participating in deviant and rule-breaking behavior. 3. "Conforming", others perceive the individual to be participating in the social norms that are distributed within societies. 4. "Secret deviance" is when the individual is not perceived as deviant or participating in any rule-breaking behaviors Four important functions of deviance: Claimed by Emile Durkheim that deviance was in fact a normal and necessary part of social organization. He stated: 1. Deviance affirms cultural values and norms. Any definition of virtue rests on an opposing idea of vice: There can be no good without evil and no justice without crime." 2. Deviance defines moral boundaries, people learn right from wrong by defining people as deviant. 3. A serious form of deviance forces people to come together and react in the same way against it. 4. Deviance pushes society's moral boundaries which, in turn, leads to social change  TOPIC 4 Prosecution Pillar of the PCJS and its Main Function This topic presents the functions and activities of the Prosecution Pillar of PCJS. Objectives: At the end of this topic, the students will be able to:  Know the main functions of the prosecution pillar of PCJS.  State and explain the jurisdiction of the different prosecution arms of the government  Explain the concept of probable cause Lesson 1: The Prosecution Prosecution is the process or method whereby accusations are brought before a court of justice to determine the innocence or guilt of the accused. The prosecutor is not just an ordinary official of the government, he is as well an officer of the court whose criminal responsibility under the law, is to carry out the administration of criminal justice system through an adequate examination of the offense charged and to decide whether or not to prosecute the individual offender, without sacrificing fairness and justice. He serves as the direct contact between the government through police agency and the court of justice, and the suspects and the attorneys representing them. His series of contact is made from the moment he receives the case in the trial court. He deals with the court and defendant for and in behalf of the government he represents. In the criminal proceedings, the prosecutor has the basic responsibility of representing the government in the court of justice. This responsibility is based on the principle that acts and omission punishable by law when committed are always against the public interest, and not against the offended individual. It is for reason that in criminal proceedings the caption of the case is in the name of the “People of the Philippines” versus particular individual/s. If the elements of the crime alleged to have been committed are present, it is the prosecutor’s task of bringing the offender to the court through the criminal proceedings. He must see to it that an innocent party is unjustly and unfairly prosecuted. He must ensure that sufficient, strong and convincing evidence exists in order to prove the guilt of the accused through the due process of law. The defendant through his lawyer then protects his interest that the prosecutor does not unjustly and unfairly prosecute the case. In effect, the trial of the case in some sort of a battle of forensic law. The prosecutor is the champion of the state he represents; the lawyer is the client’s champion. Prosecutors work on behalf of the state and file charges against individuals who violate state law. They play a “key role” in the administration of justice in that they exercise broad discretion in their work. They are responsible for reviewing cases, deciding whether charges will be filed or not. The prosecution function is lodged mainly with the National Prosecution Service, under the Department of Justice. It is composed of the Office of the Chief State Prosecutor, the Regional State Prosecutor’s Office and the Provincial and City Prosecutor’s Offices. The Office of the Chief State Prosecutor has the following functions: a) Investigate and prosecute crimes b) Decide appeals from decisions of the provincial and city prosecutors c) Investigate administrative charges against prosecutors 1  The Regional Prosecutor’s Office is charged with the administrative task of supervising and coordinating the performance of the Provincial and City Prosecutors within the region. The Provincial and City Prosecutor’s Office is the lowest in the administrative hierarchy, and is charged with the investigation and prosecution of all violations of penal laws and penal ordinances within their respective territorial jurisdictions. There have been innovations instituted by the prosecution department with regard to the handling of cases involving different crimes. These innovations have been geared towards a system of specialization in the handling of criminal cases. On the level of the Provincial or City Prosecutor’s Office, a small number of prosecutors have been tasked with the prosecution of certain crimes, particularly those involving sensitive matters like rape. Task forces have also been set up in the Office of the Chief State Prosecutor like those involving abuse of minors, those affecting the economy, etc. This specialization hastens the prosecution of cases, as the prosecutors assigned are familiar with the intricacies and strategies in the handling of such cases. There are also specialized agencies charged with prosecuting special cases. Among these is the Office of the Ombudsman, created under the constitution, and is independent of the executive branch of the government. This office is mandated among others, to investigate and prosecute cases involving public officials and employees who have committed crimes in relation to their employment. It is because of this function that its independence is of paramount importance - the reason being to insulate it from the political branches of the government. Another agency is the Commission on Elections, charged with the enforcement and prosecution of all election offenses. This is also independent of the three main branches of the government. There are also public defenders being paid by the government to render legal services for those who cannot afford to pay their own. That agency of government is known as the Public Attorney’s Office. There are also institutions or individuals outside the government that are offering legal assistance to the needy, like the legal aid programs of law schools recognized by the Supreme Court, and the legal aid offices of Bar Associations in the country. There are also lawyers who do pro bono work for the underprivileged, aside from lawyers provided by the court when a litigant cannot afford the service of one. These benevolent institutions and individuals help immensely in the administration of justice, as they facilitate the disposition of cases before the prosecutors or the courts, not to mention their very important function in safeguarding the constitutional rights of their clients. Prosecution 1. Prosecution may refer to the agency responsible in presenting the government’s position in criminal cases and evaluating pieces of evidence presented by the law enforcement. 2. Prosecution is the legal process/methods by which an accusation is brought to the court (or any judicial or quasi-judicial body) for proper adjudication/arbitration. Functions of prosecution 1. Evaluate the police findings referred to them, or other complaints filed directly with them by individual person; 2. File corresponding criminal complaints or information in the proper courts on the basis of their evaluation on the proofs at hand; and 3. Prosecute all alleged offenders in court, in the name of the people of the Philippines. 2 Prosecution Agencies of the Government: 1. National Prosecution service (NPS) – under the supervision and control of the DOJ and is tasked as the prosecutorial arm of the government. Its principal mandate is to conduct speedy and efficient investigation and prosecution of criminal cases. Composition of the National Prosecution Service: a) Chief State Prosecutor; b) Five (5) Assistant Chief State Prosecutors; c) Thirteen (13) Regional State Prosecutors; d) Sixty-nine (69) City Prosecutors; e) Seventy-seven (77) Provincial Prosecutors; f) One hundred nineteen (119) State Prosecutors; g) One thousand eight hundred sixty-three (1,863) Assistant City and Provincial Prosecutors; and h) Fifty-two (52) Prosecuting Attorneys. The Office of the Chief State Prosecutor is composed of the following division, to wit: a. Review and Appeals; b. Administrative Discipline and Legislative Affairs; c. Preliminary Investigation and Prosecution of Cases; d. Personnel Development, Recruitment and Support Services; and e. Inquest and Special Concerns Division. 2. Office of the Solicitor General (State Prosecutor) - The Office of the Solicitor General (OSG) exists as an independent and autonomous government unit. Its attachment to the DOJ is only for budgetary purposes. Its main function is to represent the Government in criminal proceedings and civil actions with the Solicitor General as its principal law enforcer. Assisting the Solicitor General is a Legal Staff composed of 15 Assistant Solicitors General and such number of Solicitors and Trail Attorneys as may be required under present social conditions. 3. Office of the Ombudsman Public Attorney’s Office (PAO) On the other hand, the Public Attorney’s Office (PAO) offers a wider range of legal services particularly to indigent parties. Still a constituent unit of the Department of Justice, the PAO is not restricted to prosecutorial functions but may also serve as counsel for the defense whether the case is civil, criminal, and administrative or labor in nature. The said Office likewise offers non-judicial legal services which include the provision of legal advice, legal counseling, documentation, and mediation: It also engages in other activities like outreach and jail visitation programs which are all aimed at pursuing the PAO’s thrust of providing immediate, responsive and competent legal services. Who is a Prosecutor? a. He is a public officer having an authority to conduct legal actions concerning the complaint filed at his office and perform other prosecution functions as provided by law. b. The prosecutor is not just an ordinary official of the government; he is an officer of the court whose criminal responsibility under the law is to carry out the administration of the CJS thru an adequate examination of the offense charged and to decide whether or not to prosecute a person without sacrificing fairness and justice. 3 Dual duties of prosecutor: 1. As a prosecutor per se – basically, the prosecutor represents the government’s position in a criminal case during court proceedings from the time of the suspect’s arrest until the adjudication of the case. 2. As the chief law enforcement officer – the prosecutor has the inherent responsibility to supervise all criminal cases under investigation by the local force as well as non-prosecution police-oriented activities. A prosecutor likewise exercises the following functions: a. Investigates, resolves or recommends disciplinary action on all administrative cases filed against State Prosecutors, Regional Prosecutors, Provincial/City Prosecutors, including the support staff of the NPS; b. Render opinions on queries from Prosecutors regarding violations of the Revised Penal Code and other penal laws and the proper legal interpretation thereof; c. Acts as Vice-Chairman of the Board of Canvassers of the Commission on Elections; d. Acts as Law Officer of the provincial /city government in the absence of a legal officer, and as Legal Adviser of all political instrumentalities and their officials (RA 7160, The Local Government Code of 1991); e. Acts as Registrar of Deeds in the absence of the Registrar of Deeds and his deputy, and; f. Represents the Office of the Solicitor General, and acts as deputized Special Prosecutor of the Ombudsman and of the Commission on Elections when so deputized. Who Prosecutes Criminal Actions? All criminal actions must be prosecuted by the public prosecutor, and in case the complainant hired a private lawyer to prosecute the case, he can be under the strict supervision of the government prosecutor. Criminal Action – Is one by which the state prosecutes a person for an act or omission punishable by law. It is commenced by the filing of a complaint. Note: Private lawyers should also be deemed part of the CJS Prosecution Pillar because they already represent the parties (the complainant or the respondent) even in proceedings before the Prosecutors. So also, public defenders - such as the members of the Public Attorney’s Office (PAO) and other Legal Aid Lawyers (IBP, CLAO, FLAG, MABINI, UP, UST, etc.) - should also be considered as part of the Prosecution Pillar. Lesson 2. The Prosecution Process 1. Filing of Complaint – It is filed with the city or provincial prosecution office or with the Municipal Trial Court or Municipal Circuit Trial Court. However, criminal action for an offense committed within Metro Manila, may be commenced only by the filing of complaint with the prosecutor’s office. Complaint – is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other public officer charged of the enforcement of the law violated. Elements of Complaint and Information 1. The name of the accused; 2. The designation of the offense committed; 3. The act or omission complained of; 4. The name of the offended party; 4  5. The approximate time of the commission of the offense; and 6. The place where the offense was committed. 2. Preliminary Investigation It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well-founded belief that a crime cognizable by the RTC has been committed and that the respondent is probably guilty thereof, and should be held for trial. (Sec. 1, Rule 112) Preliminary investigation is merely inquisitorial and it is often the only means of discovering the person who may be reasonably charged with a crime, to enable the prosecutor to prepare his complaint or information. It is not a trial of the case on the merits and has no purpose except that of determining whether a crime has been committed and whether there is probable cause to believe that the accused if guilty thereof, it does not place the person against whom it is taken in jeopardy. Definition of Probable Cause 1) As basis in charging/prosecuting a person for an offense – PROBABLE CAUSE is the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. 2) As ground for an arrest or issuance of a warrant of arrest – PROBABLE CAUSE is such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. 3) As a protection against false prosecution and arrest – PROBABLE CAUSE is the knowledge of facts, actual or apparent, strong enough to justify a reasonable man in the belief that he has lawful grounds for arresting the accused. Objectives of Preliminary Investigations: 1. to protect the innocent against hasty, malicious and oppressive prosecution; 2. to protect the innocent from public accusation of a crime, from the trouble, expense and anxiety of a public trial; and 3. to protect the state from useless and expensive prosecution. Officers Authorized to Conduct Preliminary Investigation: 1. Provincial or City Prosecutors and their assistants. 2. National and Regional State prosecutors. 3. Such other officer as may be authorized by law like the COMELEC lawyers and the Municipal Mayor in the absence of the municipal judge. NOTE: The authority of the judges of the Municipal Trial courts and Municipal Circuit Trial courts to conduct a preliminary investigation was revoked by A.M. 05-8-26-SC What is Inquest Proceedings? An informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said person should remain under custody and correspondingly be charged in court. This is very summary in nature which may be done by an informal interview with the arresting officer and/or the arrested person. 5 Procedure in the Conduct of Inquest Proceeding Upon arrest of a person without warrant, the policeman must detain the arrested person either in jail or police station. The arresting officer shall locate or contact immediately the inquest prosecutor for the latter to determine whether the arrest is valid. The following shall be observed: a. If the prosecutor finds out that the arrest is valid, he may order further detention of the arrested person and the filing of information before the proper court. Note. The inquest proceeding and the filing of information in court must be done within the period stated under Art. 125 of the RPC. 12 hours for crimes punishable by light penalties; 18 hours for crimes punishable by correctional penalties; and 36 hours for crimes punishable by afflictive or capital punishment b. If the prosecutor finds out that the arrest is not valid, he may order the release of the person arrested after signing a promise to appear. Nolle (Nolle Prosequi) – is a request made by the prosecutor to the judge for approval to terminate further criminal prosecution against a suspect. Prosecutorial Discretion The prosecutor just like the police exercise discretion and must determine the course of action and proper recommendation relative to cases assigned to him. In this connection, the prosecutor is confronted with several alternatives to take in the performance of his duties such as the filing of a case in court against the accused for trial in the merits; to drop or dismiss the case after conducting the preliminary investigation for lack of merit or for insufficiency of evidence; to enter into agreement with the defense counsel for the consideration and approval of the court; to recommend reduced charges and bail in favor of the accused. Note. No complaint or information may be filed or dismissed by an investigating prosecutor without prior written authority or approval of any of the following: a. the provincial or city prosecutor; b. the chief state prosecutor; or c. the ombudsman or his deputy, in cases cognizable by the ombudsman. 3. Filing of an Information Information – An accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court. Distinction between a complaint and information: 6  a. A complaint is a sworn statement by the offended party, whereas an information need not be sworn to; b. A complaint is signed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated, whereas information is signed by a public prosecutor. c. A complaint may be filed either before the prosecutor’s office or the court, whereas information is only filed with the court. d. In certain cases, filing of a complaint is necessary to conduct preliminary investigation preparatory to filing of an information Other investigatory bodies and individuals specifically tasked to investigate and prosecute specific offenses are the following: a. Office of the Ombudsman – This office has primary jurisdiction to conduct preliminary investigation and prosecution of all cases cognizable by the Sandiganbayan and to file information therefore and to direct and control prosecution of violations of RA 3019 (Anti-Graft and Corrupt Practices Act) and RA 1379, and crimes committed by the public officers and employees, including those employed in the government-owned and controlled corporations in relation to their office; b. Judge Advocate General Services AFP - The General Courts Martial are given jurisdiction to try military members and all persons’ subject to military law under Article 2 of the Articles of War for crimes or offenses committed by them. c. Commission on Election (COMELEC) - The Commission, through its duly authorized legal officers, have the exclusive power to conduct preliminary investigation of all election offenses and to prosecute the same; d. Special Counsels/Special Prosecutors - They may be designated by the Secretary of Justice pursuant to PD 1275 and Section 31 of the Local Government Code of 1991. 7  TOPIC 4 The Prosecution Pillar Introduction Within the Philippines legal setting, prosecution occupies a unique position in our CJS. The prosecutor serves as lawyer of the government in criminal cases and automatically considered an officer of the court at the same time a member of the Department of Justice (DOJ), which is under the executive branch of the government, thus independent from the judiciary. All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. The prosecution occupies the second pillar of the criminal justice system. While the police initiate the process to make the criminal justice system works, it is the prosecutor who decides in his discretion whether to formally set in motion the cycle of criminal justice and control the criminal case before it reaches the court for final proper dispensation of justice. In the Philippines, the public prosecutor is actively involved in the investigation of crimes and can commence an investigation upon receiving report from a law – enforcement agency or a private party. Coordination between the prosecutors and the police in principle ensures that the evidence collected stands up to judici