Intro to Crim_Lecture_1.pptx.pdf

Introduction to Criminology Prof. Kristine Dolloso, MSCA, CSP, RCrim Republic Act No. 11131 AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS “AN A...

Introduction to Criminology Prof. Kristine Dolloso, MSCA, CSP, RCrim Republic Act No. 11131 AN ACT REGULATING THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES, AND APPROPRIATING FUNDS THEREFOR, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6506, OTHERWISE KNOWN AS “AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN THE PHILIPPINES” Entitled “”The Philippine Criminology Profession Act of 2018”. Approved on November 8, 2018 Section 4. (E) Criminology refers to the scientific study of crimes, criminals, and victims, it also deals with the prevention, and solution of crime.  Section 5. Scope of Practice. – The practice of criminology shall include, but shall not be limited to, acts or activities performed: (a) In line with the practice of profession or occupation as a law enforcement administrator, executive, adviser, consultant, officer, investigator, agent or employee in any private or government agencies performing law enforcement and quasi-police functions; PNP, NBI, BFP, BUCOR, PDEA, BJMP (b) In line with the practice of teaching profession such as those performed by a professor, instructor or teacher in any university, college or school duly recognized by the government. (c) As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned document, deoxyribonucleic acid (DNA), lie detection, firearms identification, forensic photography, forensic chemistry and other scientific crime detection and investigation. (d) As a correctional administrator, executive, supervisor, or officer in any rehabilitation, correctional, and penal institution or facility, and in any community-based corrections, and rehabilitation agencies and/or programs. (e) As a counsellor, consultant, adviser or researcher in any government or private agency on any aspect of criminological research or project involving the causes of crime, children in conflict with the law, treatment of offenders, police operations, law enforcement administration, scientific criminal investigation or public safety and national security administration. (f) As a private investigator, administrator, consultant or agent, or detective in any private security and investigation agency organized under the laws of the Philippines. Section 15. Rating in the Licensure Examination To pass the licensure examination for Shall be required to obtain a grade not criminologist, a candidate must obtain a lower than eighty percent (80%) on the weighted average rating of seventy-five subject, to be considered to have passed percent (75%) with no grade less than the licensure examination. If the sixty percent (60%) in any given examinee failed to retake after the lapse subject. In case the examinee obtains a of two (2) years or failed to get the weighted average rating of seventy-five passing mark of eighty percent (80%), percent (75%) but, has a grade below the examinee shall retake all the board sixty percent (60%) in any of the subjects. subjects, the result of the examinee shall be deferred, and be required to retake Any examinee who failed three (3) or that particular subject/s. The deferred more board subjects shall be deemed to examinee shall only be allowed to retake have failed the board examination. once within two (2) years from the date of the examination. Criminology - Is the scientific study of criminals, criminal behavior and its causes - Scientific procedure to studying both social and individual criminal actions. It is divided into several discipline including psychology, economics, political science, natural science, biology, and evolution and development of people. - According to Edwin H. Sutherland, “Criminology is the entire body of knowledge regarding crime as social phenomenon. It includes within its scope the process of makinh of laws, breaking of laws and society’s reaction towards the breaking of laws”. Important Areas in the Development of Criminology 1. The development of criminal law and defining crime. 2. The cause of law violation. 3. Methods used in controlling criminal behavior. Importance and Purposes of Studying Criminology 1. Criminology can be source of philosophy of life. 2. Criminology is a profession not only for social service but for legal practice as well. 3. People study criminology because criminals are legitimate object of interest. 4. Authorities should know a bit of criminology because crime is very expensive problem of the society.  Principal Component of Criminology 1. Criminal Etiology - involved the application of scientific analysis of the causes of crime. 2. Sociology of Law- entails the importance of law or the criminal law as a process of formal social control. 3. Penology – study of criminal punishment is a sub- field of criminology. Sub-Fields of Criminology 1. Sociology Criminology – study of crime focused on the group of people and society as a whole. 2. Psychological Criminology – science that deals with behavior and mental processes of the criminal. 3. Psychiatrc Criminology – study of criminal behavior in terms of motives and drives that strongly relies on the individual. Nature of Criminology 1. It is applied science because criminology as body of knowledge has already established universally accepted principles and concept used by other fields of study. 2. It is dynamic because the concepts of criminology and its applications adapt to changing time. 3. It is nationalistic because the study of criminology takes into consideration the history, culture, and social norms and laws of the country. School of Thought in Criminology 1. Classical School – Founders are Cesare Beccaria and Jeremy Bentham. This school of thought is based on the assumption that individuals choose to commit crines after weighing the consequences of their actions. Individuals have free will. 2. Positivist School- believe that causes of behavior can be measured and observed. It demands for facts and scientific proof changing the study of crimes and criminals into sciencetific approach. Founder is Cesare Lombroso. 3. Neoclassical School – modified the doctrine of free will by stating that free will of men may be affected by other factors and crime is committed due to some compelling reaso that prevail. Leading proponent are Cesare Beccaria and Jeremy Bentham. The HOLY THREE (3) of Criminology 1. Cesare Lombroso 2. Enrico Ferri 3. Raffaele Garofalo PERSONALITIES Cesare Lombroso - Father of Modern and Empirical Criminology due to his application of modern scientific methods to trace criminal behavior. - Known for the concept of atavistic stigmata ( physical features of creatures at an early stage of development). - According to him, there are 4 classes of criminals: Born Criminals, Insane Criminals , Criminaloids, Pseudo- Criminals.  Enrico Ferri – he focused his study on the influences of psychological factors and sociological factors such economics on crimes. Raffaele Garofalo – rejected the doctrine of freewill. He treated roots of criminals behavior not to physical features but to their psychology equivalent which he referred to as moral anomalies. George Wilker – argued that criminology cannot became a science due to several reason: lack of unified theoretical framework, complexity human behavior, ethical limitations, dynamic nature of criminology prevent it form becoming fully- fleged science. Jeremy Bentham – author of The Principles of Morals and Legislation Inventor of the Panopticon Type of Institutional building  Charles Buckman Goring – spent 10 years collecting data of more than 300 convicts Earnest Hooton – American Anthropologist studied 13,873 criminals, additional 3,023 civilians claimed ”criminals had organic inferiorities”. Emile Durkheim – French Sociologist crime is a normal part of society birth and death. Founder of Anomie. Gabriel Tarde- French Sociologist and Criminologist working same as Durkheim. Founded Theory of Imitation. Rawson W. Rawson – utilized crime statistics to suggest link between population density & crine rates. Joseph Fletcher and John Glyde- presented papers statistical society of London on their studies of crime and distribution. Justice Ignacio Borbon Villamor – one of the earliest scientific work in the Philippine Criminology “Criminality in the Philippines 1903-1908” August Comte- Founder of Positivism Charles Darwin – theory of evolution of human ( On Origin of Species) Edwin Sutherland – Dean of Modern Criminology LAW – system of rules created and enforced through social and governmental institutions to regulate behavior. NORMS – rule and standard of behavior shared by members of social group. CUSTOMS – bodies of belief, stories, customs, usages banded from generation to generation with effect of unwritten law. Criminal Demography – the study of the relationship between criminality and population. Criminal Epidiomology – the study of the relationship between environment and criminality. Criminal Ecology – the study of criminality in relation to the spatial distribution in a community. Criminal Physical anthropology – the study of criminality in relation to physical constitution of men. Criminal Psychology – the study of human behavior in relation to criminality. Criminal Psychiatry – the study of human mind in relation to criminality. Crime – is an act or omission in violation of public law forbidding or commanding it. Legal Point of View- crime exist when a person proven guilty in the court. Scientific Point of View – crime exist when it is reported Sociological Point of View – crime result of an individual’s location within the structure of society. FACTORS THAT CONSTITUTE CRIME 1. Corpus Delicti – body of the crime 2. Actus Reus – guilty act 3. Mens Rea – guilty mind 4. Concurrence – actus reus and mens rea concur in the sense that criminal intention sctuates the criminal act. 5. Causation – causal link between the criminal and harm suffered. The Crime Prevention Triangle states that in order for a crime to occur, all three components of a crime must exist: desire, ability, and opportunity. Each of these components makes up a “side” in the Crime Prevention Triangle, and if you take away any one of the three, a crime cannot occur. Characteristics of Crime 1. Crime is PERVASIVE 2. Crime is EXPENSIVE 3. Crime is DESTRUCTIVE 4. Crime is REFLECTIVE 5. Crime is PROGRESSIVE CLASSIFICATION OF CRIMES LEGAL CLASSIFICATIONS: 1. According to law violated a. Felony – an act or omission punishable by law which is committed by means of dolo (deceit) or culpa (fault)and punishable under the Revised Penal Code b. Offense – an act or omission in violation of a special law c. Infraction – an act or omission in violation of a city or municipal ordinance 2. According to the manner of committing crime: a. By means of dolo or deceit – if the crime is committed with deliberate intent. Thus, it is calledintentional felonies. - freedom or voluntariness - intelligence - intent b. By means of culpa or fault - felonies committed by means of culpa (fault) - the act or omission of the offender is not malicious and the injury caused by the offender is unintentional, it being the simply the incident of another act performed without malice * lack of foresight, lack of skill, negligence, imprudence 3. According to the stages in the commission: a. Attempted – the crime is attempted when the offender commences the commission of a felony directly by over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. B. Frustrated – when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless do not produce it by reason of causes independent of the will of the perpetrator. C. Consummated - when all the elements necessary for its accomplishment and execution are present. 4. According to plurality: a. Simple Crime – is a single act constituting only one offense. B. Complex Crime – single act constituting two or more grave felonies or an is a necessary means for committing the other. Two (2) Kinds of Complex Crime: 1. Compound Complex Crime (Delito Compuesto) - present when single act constitutes 2 or more grave or less grave felonies 2. Complex Crime Proper (Delito Complejo) - When an offense is necessary means of committing the other 5. According to gravity: A. Grave felonies – are those to which the law attaches the capital punishment or penalties which inany of their period are afflictive. B. Less grave felonies – are those which the law punishes with penalties which in their maximum period are correctional. C. Light felonies – are infraction of laws for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both is provided. 6. According to the nature of the act: a. Crimes mala in se – are acts that are inherently evil. Examples are murder, robbery, etc. b. Crimes mala prohibita – are acts which are prohibited only because there are laws forbidding such acts. Examples are Illegal Possession of firearms, Traffic Violations, etc CRIMINOLOGICAL CLASSIFICATIONS OF CRIME 1. According to the result of the crime: a. Acquisitive crime – if the offender acquired or gained something by committing the crime. Examples are robbery, estafa, bribery, etc. B. Destructive crime – if the crime resulted in destruction, damage or even death. Examples arearson, murder and homicide, damage to property, etc. 2. According to the time or period of commission: a. Seasonal crimes – are crimes that happen only during a particular season or period of the year. Examples are violation of election law, tax law violations, etc. B. Situational crimes – are crimes committed when the situation is conducive to the commission ofthe crime and there is an opportunity to commit it. Examples are pickpocketing, theft, etc 3. According to the length of time of the commission a. Instant crimes – are those crimes that can be committed in a very short time. Example: theft b. Episoidal crimes – are crimes committed through series of acts or episodes and in much longertime. Example: serious illegal detention 4. According to place or location: a. Static crimes – are committed only in one place. Examples are theft and robbery b. Continuing crimes – are crimes that take place in more than one place or several places. Examples: abduction, kidnapping, etc. 5. According to the use of mental faculties: a. Rational crimes – when the offender is capable of knowing what he is doing and understanding the consequences of his actions. b. Irrational Crimes – when the offender suffers from any form of mental disorders, insanity or abnormality. Thus, the offender doesn’t know what he is doing. 6. According to the type of offender: a. White Collar Crimes – crimes committed by those persons belonging to the upper socio-economic status or in the course of his occupational activities. b. Blue Collar Crimes – are those crimes committed by ordinary criminals as a means of livelihood. CRIMINAL Legal sense - a criminal is any person who has been found to have committed a wrongful act in the course of the standard judicial process; there must be a final verdict of his guilt Criminological sense- a person is already considered a criminal the moment he committed a crime. CLASSIFICATIONS OF CRIMINALS 1. According to etiology a. Acute criminal – is a person who committed crime as a result of reacting to a situation or during amoment of anger or burst of feeling. b. Chronic criminal – is one who committed a crime with intent or deliberated thinking. 1. Neurotic criminal – is one who has mental disorder.  2. Normal criminal – a person who commits crimes because he looks up to, idolizes people who are criminals. 2. According to the type of offender: a. Ordinary criminal – a criminal who engages in crimes which do not require specialized or technical skill. b. Organized criminal – one who possesses some skills and know-how which enable him to commit crimes and evade detection. c. Professional criminal – highly skilled criminals who are engaged in large-scale criminal activities and usually operate in groups. 3. According to criminal activities: a. Professional criminal – a criminal who earns his living through criminal activities. b. Situational criminal – a person who got involved in a criminal act because the situation presented itself. c. Habitual criminal – one who repeatedly commits criminal acts for different reasons. d. Accidental criminal – a person who accidentally violated the law due to some circumstances. CRIMINAL LAW – is that branch of public law that defines crimes, treats of their nature, and provides for their punishment. ACT No. 3815 (December 8, 1930) AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS - This law shall be known as “The Revised Penal Code. Principal Parts of the RPC - It is composed of two books; Book One which is composed of Articles 1-113 and Book Two covering Articles 114-367. Characteristics of the RPC 1. Generality – the law is applicable to all persons within the territory irrespective of sex, race, nationality, or civil status except: a. Head of state b. Foreign diplomats, ambassadors, who are duly accredited to our country c. Foreign troops permitted to march within the territory 2. Territoriality - the RPC is applicable to felonies committed within the Philippine territorial jurisdiction. A. Philippine archipelago – all the islands that comprise the Philippines b. Atmosphere water – all bodies of water that connect all the islands such as bays, rivers, and streams c. Maritime zone – the twelve (12) Nautical Mile limit beyond our shore measured at low tide. 3. Prospectivity – the provisions of the RPC cannot be applied if the act is not yet punishable at the time the felony was committed. 4. It is specific and definite. Criminal law must give a strict definition of a specific act that constitutes an offense. Where there is doubt as to whether a definition embodied in the Revised Penal Code applies to the accused or not, the judge is obligated to decide the case in favor of the accused. Criminal law must be construed liberally in favor of the accused and strictly against the state. 5. It is uniform in application. An act described as a crime is a crime no matter who committed it, wherever committed in the Philippines, and whenever committed. No exceptions must be made as to the criminal liability. 6. There must be a penal sanction or punishment. DURATION OF PENALTY CAPITAL PUNISHMENT – DEATH AFFLICTIVE PENALTIES: 1. (1) Reclusion Perpetua – 20 yrs and 1 day to 40 yrs 2. (2) Reclusion Temporal – 12 yrs and 1 day to 20 yrs 3. (3) Perpetual or temporary absolute disqualification 4. (4) Perpetual or temporary special disqualification 5. (5) Prision Mayor – 6yrs and 1 day to 12 yrs  CORRECTIONAL PENALTIES (1) Prision Correctional- 6 months and 1 day to 6yrs (2) Aresto Mayor – 1 month and 1 day to 6 months (3) Suspension – 6 months and 1 day to 6yrs (4) Destierro – 6 months and 1 day to 6yrs LIGHT PENALTIES (1) Aresto Menor – 1-30 days (2) Public Censure  Republic Act No. 10951 - The purpose of Republic Act No. 10951 is to adjust the penalties for various offenses in the Philippines. - The aim is to ensure that the penalties imposed are appropriate for the severity of the offenses committed. Penalties for grave felonies are adjusted based on the value of property or damage involved. ✔ If the fine exceeds P1,200,000, it is considered an afflictive penalty. ✔ If the fine is between P40,000 and P1,200,000, it is considered a correctional penalty. ✔ If the fine is less than P40,000, it is considered a light penalty.  LATIN MAXIM Actus Reus Non Facit Reum Nisi Mens Sit Rea – an act done by criminal is not criminal unless the mind is criminal Actus Me Invicto Factus Non Est Meus Actus – an act done against my will is not my act Doli Incapx – a child is incapable of guilt Ignorantia Legis Neminem Excusat – ignorance of law excuses no one Ignorantia Facti Excusat – ignorance of fact or mistake of fact Dura Lex Sed Lex – the law may be harsh but it is the law Praeter Intentionem – means the results injury is greater than which is intended Aberratio Ictus – means mistake in the victim in the blow Mistake of Fact – is a misapprehension of a fact which, if true, would have justified the act or omission which is the subject of the prosecution.. Ex. Case of U.S. V. Ah Chong Error in Personae – the intended victim was not at the scene at the crime of the crime REFERENCES https://lawphil.net/statutes/repacts/ra2018/ra_11131_2018.html#:~:text=AN%20ACT%20REGUL ATING%20THE%20PRACTICE,FOR%20CRIMINOLOGISTS%20IN%20THE%20PHILIPPINE S%22 https://lawphil.net/statutes/acts/act_3815_1930.html https://jur.ph/law/summary/an-act-adjusting-the-amount-or-the-value-of-property-and-damage-on- which-a-penalty-is-based-and-the-fines-imposed-under-the-revised-penal-code Alcon T. & Evangelista N. (2023). Criminology Reviewer All Areas (New Curriculum). Book of Life Publication. https://criminaljusticeknowhow.com/the-crime-prevention-triangle/ https://www.bigwas.com/2014/05/criminal-liability.html?m=1 Prof. Kristine Dolloso, MSCA, CSP, RCrim