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Introduction to Criminology

Criminology - is the scientific study of criminals, criminal behavior and its causes. Criminologists attempt
to build theories that explain why crimes occur and test those theories by observing behavior.
Criminology - the scientific study of the nature, extent, causes, and control of criminal behavior in both
the individual and in society
Criminology from Latin crīmen, "accusation"; and Greek logia, study
Criminological theories - help shape society’s response to crime both in terms of preventing criminal
behavior and responding to it after it occurs.
Raffaele Garofalo – coined the word criminology in 1885 as criminologia
Paul Topinard - used the analogous French term criminologie.

Scope of Criminology

1. The making of laws


This pertains to the examination of the nature and structure of laws in the society which could be
analyzed scientifically and exhaustively to learn crime causation and eventually help fight them.

2. The breaking of laws


It is concentrated in the scientific analysis of the causes of crimes.

3. The reaction towards the breaking of laws


This involves the study of the reaction of people and government towards the breaking of laws.

Development of Criminology
1700s – classical criminology
- most explanations of crime equated it with sin, violation of a sacred obligation.
18th Century - primarily concerned with ending brutality and inequality against criminals by enforcing
limitations on government power
19th Century – modern criminology
- distinguished itself as a subspecialty within the emerging disciplines of psychology, sociology,
and economics.
20th Century – Independent criminology
- criminology began to assert its independence from the traditional disciplines that spawned it.

Important Areas in the Development of Criminology

1. The development of criminal law and in defining crime.


2. The cause of law violation, and
3. Methods used in controlling criminal behavior.
Principal Component of Criminology

1. Criminal Etiology

Criminal Etiology involved the application of scientific analysis of the causes of crime. An
individual perpetrating a crime had no single reason; hence, there is no single and only explanation of
causes of crimes.

2. Sociology of Law

Sociology of law entails the importance of law or the criminal law as a process of formal social
control. Criminal law seeks to protect the public from harm by inflicting punishment upon those who
are tempted to do harm.

3. Penology

Penology, the study of criminal punishment, is a sub-field of criminology. Criminologists


theorize about why people commit crimes and deviate from society’s norms of behavior. They also
study how society punishes criminals because different methods of punishment may cause people to
alter their behavior in different ways. Thus, criminologists devise theories that not only explain the
causes of crime but also address its prevention, control and treatment.

Today, one more are of concern in Criminology is crime detection and investigation.
Criminologists are also engaged in studying the criminal things. Forensic Science, sometimes referred to
as Criminalistics, is therefore covered in the broad field of criminology.

Importance and Purposes of studying Criminology

1. Criminology can be a source of philosophy of life. The knowledge derived from studying crime is a
good foundation for an individual’s philosophy and lifestyle.
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. They should be
understood in order to know how to control them.
4. Authorities should know a bit of criminology because crime is a very expensive problem of the
society. The value of property lost, medical expenses, insurances, moving costs, and intangible costs
of pain and suffering is too high as a result of victimization.

Studying criminology is aimed towards the following:

1. The primary aim is to prevent the crime problem.


2. To understand crimes and criminals which is 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 moral
and legal responsibilities to his fellowmen, his community and the nation.
2 Primary aims of studying criminology

1. To understand crimes and criminals.


2. To prevent the occurrence of crime.

Nature and Scope of Criminology


1889 – Paul Topinard introduced the term criminology in the English language.
Paul Topinard - used the analogous French term criminologie meaning offense.

Prof. Cirilo Tradio - Criminology is a body of knowledge regarding crime as a social phenomenon. The
scope of Criminology covers:

1. the making of laws


2. the breaking of laws
3. the reaction towards the breaking of laws

Edwin Sutherland - it is the science regarding crime and delinquency as a social phenomenon. This is a
field that addresses the issue of crime and criminal behavior and attempts to define explain and predict
it.

Criminology is

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 – in as much as crime is a creation of the society and that it exists 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 has been applied to it.
4. Nationalistic – the study of crime must always conform to the existing criminal law of the land.

Criminology is a multidisciplinary study of crimes. This means that many disciplines are involved in the
collection of knowledge about criminal action, including, psychology, sociology, anthropology, biology,
neurology, political science and economics.
But over the years, the study of crime has been dominated by:

1. Sociology (Sociological Criminology). This is 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. Variables such as socioeconomic status, interpersonal relationships, age,
race, gender, and cultural groups of people are probed in relation to the environmental factors that
are most conducive to criminal action, such as time, place, and circumstances surrounding the
crime.

2. Psychology (Psychological Criminology). This is 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.

3. Psychiatry (Psychiatric Criminology). This is the science that deals with the study of criminal
behavior in terms of motives and drives; better known today as forensic psychiatry.

Crime – any violation or infraction of the existing policies, laws, rules and regulations of the society.

- An act committed or omitted in violation of law, commanding or forbidding it.


- Act that is injurious, detrimental or harmful to the norms of the society.

Offense – an act or omission that is punishable by special laws.

Felony – an act or omission that is punishable by the Revised Penal Code.

Misdemeanor – acts that are in violation of simple rules and regulations.

Elements of Crime:
a. There must be an act or omission;
b. The act or omission must be in violation of law; and
c. The act is committed either by dolo (malice) or culpa (fault)

Elements of Crime by Dolo:


a. Freedom - the ability to do whatever one wishes
b. Intelligence - the ability to know what is right and wrong
c. Intent - use of particular means to effect a particular result

Elements of Crime by Culpa:


a. Freedom
b. Intelligence
c. Negligence/Imprudence (Lack of Skill/ Foresight)

Motive – the moving power that impels one to do an act.


Classification of Felonies

According to the Stages in the commission of Crime

1. Attempted Stage
The offender performs overt acts to commit the crime as a consequence but did not perform the acts of
execution because of some reasons other than his own spontaneous desistance.
2. Frustrated Stage
When the offender performs all acts of execution to produce the felony, but the crime did not happen
by reason of some causes independent of the will of the perpetrator.
3. Consummated Stage
All elements of crime are present.

According to the Manner of Committing Crime

1. Material Crime – The 3 stages are present.


2. Formal Crime – No frustrated stage
3. Crimes committed by mere attempts

According to the Mode of Execution

1. Intentional Felonies – Committed by means of deceit.

2. Culpable Felonies – Where the wrongful act result from imprudence (lack of foresight), negligence
(lack of skill).

According to Gravity

1. Grave Felonies
Those felonies which the law imposes capital penalty and those with afflictive penalties (Prision Mayor –
Death).
2. Less Grave Felonies
Those with correctional penalties (1month 1 day – 6 years).
3. Light Felonies
Those which the law imposes a penalty of Arresto Menor (1 day to 1month) and/ or a fine of P200.00.

Mala in Se – wrongful in nature

Mala Prohibita - mere violations of rules of convenience designed to secure a more orderly regulation of
the affairs of the society.

Anatomy of Crime

1. Instrumentality - Is the means or implement use in the commission of the crime.


2. Opportunity - The time and place conducive for its commission.
3. Resistance to Temptation - The values of the offender to refrain from committing an act.
Characteristics of Crime

1. It does not respect age, sex, culture, customs and tradition, race, and religion of the society.
2. Crime is a worldwide phenomenon.
3. It occurs in all the existing economic strata.
4. Its causes are multifarious.
5. It is difficult to eradicate.

Differentiae of crime

1. An act maybe called crime if there is a certain external consequence or harm. Physical injury is the
most obvious external consequence of an offensive action.
2. The harm must be legally forbidden and prescribed by law.
3. There must be a conduct; that is, there must be an intentional or reckless action that results to
harmful consequence.
4. “Mens Rea” must be present.
5. There must be a fusion or concurrence of mens rea and conduct.
6. There must be a casual relationship between the legally forbidden harm and the voluntary
misconduct.
7. There must be legally prescribed punishment of the misconduct.

Close Examination of Crime

1. Before saying that a crime has been committed, you must have a “personal knowledge” of its actual
commission or that you must have caught the offender “in flagrante delicto”
2. An act can only be called as crime if there is a law that defines it, prohibit its commission, and
provides punishment for its commission.
3. In a criminal act, there should be malicious intent – a harmful consequence (oppressive outcome of
an act) is an inherent result.
4. There should be a continuity of the criminal act before an offender is criminally charged.

Changing concepts of crime and criminal laws

1. Most of the existing laws define acts as crimes when some acts were not crimes a few years ago.
2. Laws differ from jurisdiction to another and so with acts, which are considered as crimes.
3. Interpretation and implementation of laws vary in terms of:
Characteristics of crime
Age
Status of offenders
Status of enforcer
General Classification of Crimes

As to atrocity – severity of the criminal act or offense

a. Grave offenses
b. Less grave offenses
c. Minor or light offense
As to intent
a. Crime mala in se – which are evil in themselves
b. Crime mala prohibita – acts which are prohibited because the law has defined it to be a crime.
As to Motive

a. Economic crimes
b. sexual crimes
c. political crimes
d. miscellaneous crimes

As to Statistical purpose

a. crimes against property


b. crimes against persons
c. crimes against morals
d. crimes against public order
e. crimes against security
f. crimes against chastity

As to Penalty

a. crimes punishable by afflictive penalties


b. crimes punishable by correctional penalties
c. crimes punishable by light penalties
Criminological Classification of Crime
1. Acquisitive Crime – when the offender acquires something as a consequence of his criminal act.
2. Extinctive Crime – when the result of the criminal act is destruction.
3. Seasonal Crime – committed only at a certain period of the year.
4. Situational Crime – committed only when given a situation conducive to its commission.
5. Episodal Crime – serial crime, committed by series of acts within a lengthy period of time.
6. Instant Crime – committed the shortest possible time.
7. Static Crime – committed only in one place.
8. Continuing Crime – committed in several places.
9. Rational Crime – committed with intent; offender is in full possession of his mental faculties.
10. Irrational Crime – committed without intent; offender does not know the nature of his act.
11. White Collar Crime – committed by a person of responsibility in the course of his occupation.
12. Blue Collar Crime – committed by ordinary professional to maintain their livelihood.
13. Upper World Crime – committed by individuals belonging to the upper class of society.
14. Under World Crime – committed by members of the lower or under privilege class of society.
15. Crime by Imitation – “copycat” crime, committed by mere duplication of what was done by others.
16. Crime by Passion – committed because of the fit of great emotion, such as anger
17. Occupational (service related) Crime – committed by rendering all service to satisfy the desire of
another.

Other Classification of Crimes

1. Traditional Crimes – crimes that are committed every now and then.
2. Crimes due to changing society (social change) – poverty crimes.
3. Emergency Crimes – crimes that are committed to take advantage of an abnormal situation, or the
nature of a social problem, or the vulnerability of a person or group of persons.

Crimes committed under the Revised penal Code

Crimes are committed by means of:

1. Dolo – deceit
2. Culpa – fault (when wrongful act results from imprudence, negligence, lack of foresight or lack of
skill)

Victimless Crimes - acts committed by consenting adults in private. In victimless crimes, the acts involve
only the participants and do not directly harm others.

Index Crimes – violent crimes.


Criminal acts that involve threats or actual physical harm to a victim by an offender. It presents not only
offenses that we recognize as violent (murder, rape, robbery) or other acts involving force and
intimidation but also “violent crimes” that are commonly considered as “social problems” such as
domestic violence, child abuse, elder abuse, etc.
Who is a Criminal?

1. A Criminal is a person who has committed a crime and has been convicted of final judgment by a
competent court.
2. A Criminal is a person who violated a social norm or one who acted an anti-social act.
3. A Criminal is one who violated rules of conduct due to behavioral maladjustment.

Classifications of Criminals

Based on Etiology

1. Acute Criminal – one who violates a criminal law by impulse or due to fit of passion.
2. Chronic Criminal – one who acted with deliberation or premeditation, one who plans the crime
ahead of time.

Based on Behavioral System

1. Ordinary Criminal – considered as the lowest mammal in the criminal profession; he was forced by
opportunity pushed to commit crime.
2. Professional Criminal – one who is engaged in criminal activities with high degree of skill; he uses
crime to maintain a living
3. Organized Criminals – one who associates with other criminals.

Based on Mental Attitude

1. Active Criminal – one who commits crime due to aggressiveness.


2. Passive Criminal – one who commits crime because they are forced by a reward or promise.
3. Socialized Delinquent – individual with defective socialization process or development thus he lacks
proper moral values or ethical standards.

Based on Legal Classification

Recidivist under Article 14 (9)


The offender at the time of his trial for one crime shall have been previously convicted by final judgment
of another embraced in the same title of the Revised Penal Code.

Repetition or Reiteracion under Article 14 (10)


The offender has been previously punished for an offense which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches a lighter penalty.

Habitual delinquent under Article 62 (5)


The offender within the period of 10 years from the date of his release or last conviction of the crimes of
serious or less serious physical injuries, robo, hurto, estafa or falsification, is found guilty of the any of
said crimes a third time or oftener.

Quasi-recidivist under Article 160


Any person who shall commit a felony after having been convicted by final judgment before beginning
to serve such sentence or while serving such sentence shall be punished by the maximum period
prescribed by law for the new felony.
Based on Classification of Criminals by Lombroso / Ferri

1. Born Criminals – Atavism describes one having shifty eyes, elongated jaws and no mustache.
2. Criminal by Passion – individuals who are easily influenced by great emotions.
3. Insane Criminals – those who commit crimes due to mental abnormalities or psychological disorder.
4. Criminoloids – one who commit crime due to less self-control. Those suffering from defects that are
psychological. E.g. Kleptomaniac.
5. Occasional Criminal – one who commit crimes due to insignificant reasons that pushed them to do
at a given occasion.
6. Pseudo Criminals – those who kill in self-defense.

Types of Criminals by Garofalo

1. Murderers – those who are satisfied from vengeance


2. Violent Criminals – those who commit very serious crimes.
3. Deficient Criminals – those who commit crimes against property.
4. Lascivious Criminals – those who commit crimes against chastity.

Classification of Behavior

1. Normal Behavior (adaptive or adjusted behavior)

The standard behavior, the totally accepted behavior because they follow the standard norms of society.

A normal person is characterized by:


a. Efficient perception of reality.
b. Self-knowledge
c. Ability to exercise voluntary control over his behavior.
d. Self-esteem and acceptance.
e. Productivity.
f. Ability to form affectionate relationship with others.

2. Abnormal Behavior (maladaptive or maladjusted behavior)

A group of behaviors that is deviant from social expectations because they go against the norms or
standard behavior of society.

A maladaptive person may be understood by the following definitions:


a. Abnormal behavior according to deviation of statistical norms based in statistical frequency.
b. Abnormal behavior according to deviation from social norms.
c. Behavior as maladaptive.
d. Abnormal behavior due to personal distress.
Kinds of Behavior

Kinds Nature Examples

Overt Behaviors that are directly observable. Smiling, Pouting, Crying


Covert Behaviors that are hidden or not visible to the Hatred, Cursing, Jealousy, etc
naked eye.
Conscious Acts which are within the level of awareness. Walking, Clapping, etc.

Unconscious Acts that are embedded in one’s subconscious. Mannerisms


Simple Acts categorized according to the number of Smiling, Winking of the eye,
neurons involved in the process of behaving. etc.
Complex Acts involving the use of more number of Dancing, Laughing, Running,
neurons which are combination of simple Crying
behaviors.

Rational Behaviors that are manifested with sanity or Logical Reasoning


reason.

Irrational Behaviors with no apparent reason or Laughing out loud at nobody


explanation. or nothing in particular.

Voluntary Act done with full volition of will. Making decisions


Involuntary Bodily processes that foes on even when we are Respiration, Circulation,
awake or asleep. Digestion, Somnambulism

Aspects of Behavior
Aspects Nature

Intellectual Behaviors which pertain to our way of thinking, reasoning, solving


problem, processing information and coping with environment.
Emotional Behaviors which pertain to our feelings, moods, temper, and strong
motivation force.

Social Behavior which pertain to how we interact or relate with other people.
Moral It pertains to our conscience and concept on what is good or bad.

Psychosexual It pertains to our being a man or a woman and the expression of love.
Political It pertains to our ideology towards society or government.

Values or Attitude It pertains to our interest towards something, our likes and dislikes.

Determinants of Behavior
1. Heredity
- It refers to the genetic influences, those that are explained by heredity, the characteristics of a
person acquired from birth transferred from one generation to another.
- It explains that certain emotional aggression, our intelligence, ability and potentials and our
physical appearance are inherited.

2. Environmental Factors
- This refers to anything around the person that influences his actions. James Coleman in his
book mentioned some environmental factors:
a. Family Background – it is a basic consideration because it is in the family whereby an individual
first experience how to relate and interact with another.
b. Pathogenic Family Structure – those families associated with high frequency of problems
c. Institutional Influences
d. Socio-cultural
e. Nutrition or the quality of food

High frequency of problems

Inadequate Family - it is characterized by the inability to cope with the ordinary problems of family
living.
Anti-Social – those that espouses unacceptable values as a result of the influence of parents to their
children.
Discordant or Disturbed Family – it is characterized by non-satisfaction of one or both parent from
the relationship that may express feeling of frustration.
Disrupted Family – characterized by incompleteness whether as a result of death, divorce,
separation or some other circumstances.

3. Need and Drives


- Need is a biological requirement for well being of the individual. This need creates drives – a
psychological state of arousal that prompts someone to take action (Bernstein, et. al, 1991).
Drive therefore is an aroused state that results from some biological needs.
- Drives are states of comfortable tension that spur activity until a goal is reached.

4. Motivation
- It refers to the influences that govern the initiation, direction, intensity and persistence of
behavior (Bernstein, et al, 1991). Motivation refers to the causes and “why” of behavior as
required by a need.

5. Frustration
- It refers to the unpleasant feelings that result from the blocking of motive satisfaction. It is a
form of stress, which result in tension. It is a feeling that is experienced when something
interferes with our hopes, wishes, plans and expectations.

The common sources of frustrations are:


Physical obstacles – are physical barriers or circumstances that prevent a person from doing his plan or
fulfilling his wishes.

Social circumstances – are restrictions or circumstances imposed by other people and the customs and
laws of social living.

Personal Shortcoming – such as being handicapped by diseases, deafness, paralysis, etc which serves a
barrier to the things on ought to do.

Conflict between motives

6. Conflict
- It refers to the simultaneous arousal of two or more incompatible motives resulting to
unpleasant emotions. It is a source of frustration because it is a threat to normal behavior.
(Bernstein, et al., 1991)

Types of Conflict

Double Approach Conflict – a person is motivated to engage in two desirable activities that cannot be
pursued simultaneously.

Double Avoidance Conflict – a person faces two undesirable situations in which the avoidance of one is
the exposure to the other resulting to an intense emotion.

Approach-Avoidance Conflict – a person faces situation having both a desirable and undesirable
feature. It is sometimes called “dilemma”.

7. Anxiety
- It is an intangible feeling that seems to evade any effort to resolve it. It is also called neurotic
fear. It could be intense; it could be low and can be a motivating force. (Coleman, 1980)
8. Stress
- It is the process of adjusting to or dealing with circumstances that disrupts, or threatens to
disrupt a person’s physical or psychological functioning. (Bernstein, et al., 1981)

The Sexual Deviations - Sexual deviation is an impairment of either the desire for sexual gratification or
in the ability to achieve it.
The sexual disorders are common causation of sex crimes. Solis presented the criminological
characteristics of sex crimes as:

a. An ancient and universal crime


b. There is close contact between offender and victim,
c. It is committed on sex against the opposite sex,
d. Sex is an inborn instinct,
e. Sex act as crime depends on the existing moral value of society,
f. Many sex crimes are committed and not reported.
g. It is committed in strict privacy,
h. It is a common crime among the lower class of society,
i. Unlike other crimes, sex can be pardoned by marriage,
j. There is seasonal variation in the frequency of its commission,
k. Severity of punishment does not deter its commission,
l. Its consequence (pregnancy) becomes a legal problem,
m. The usual victims are children,
n. Psychic trauma suffered by the victim varies with the moral standard of the victim.

Those affecting males

1. Erectile insufficiency (impotency) – it is a sexual disorder characterized by the inability to achieve or


maintain erection for successful intercourse.
2. Pre – mature ejaculation – it is the unsatisfactory brief period of sexual stimulation that result to
the failure of the female partner to achieve satisfaction.
3. Retarded ejaculation – it is the inability to ejaculate during intercourse – resulting to worry between
partners.

Those affecting women

1. Arousal insufficiency (frigidity) – a sexual disorder characterized by partial or incomplete failure to


attain the lubrication or swelling response of sexual excitement by the female partner.
2. Orgasmic dysfunction – a sexual disorder characterized by the difficulty in achieving orgasm
3. Vaginismus – the involuntary spasm of the muscles at the entrance to the vagina to prevent
penetration of the male sex organ.
4. Dyspareunia – it is called painful coitus/painful sexual acts in women.

Sexual behaviors leading to sex crimes

As to sexual reversals
Homosexuality – it is sexual behavior directed towards the same sex. It is also called
“lesbianism/tribadism” for female relationship.
Transvestism – refers to the achievement of sexual excitation by dressing as a member of the opposite
sex such a man who wears female apparel.
Fetishism – sexual gratification is obtained by looking at some body parts, underwear of the opposite
sex or other objects associated with the opposite sex.

As to the choice of partner

Pedophilia - a sexual perversion where a person has the compulsive desire to have sexual intercourse
with a child of either sex.
Bestiality – the sexual gratification is attained by having sexual intercourse with animals.
Auto sexual (self gratification/masturbation) – it is also called “self-abuse”, sexual satisfaction is carried
out without the cooperation of another.
Gerontophilia – is a sexual desire with an elder person.
Necrophilia – an erotic desire or actual intercourse with a corpse.
Incest – sexual relation between person who, by reason of blood relationship cannot legally marry.

As to sexual urge

Satyriasis – an excessive (sexual urge) desire of men to have sexual intercourse


Nymphomaniac – strong sexual feeling of women with an excessive sexual urge.

As mode of sexual expression

Oralism – it is the use of mouth or the tongue as a way of sexual satisfaction.


Fellatio – male sex organ to the mouth of the women coupled with the act of sucking that initiates
orgasm.
Cunnilingus – sexual gratification is attained by licking the external female genitalia.
Anilism (anilingus) – licking the anus of the sexual partner.
Sado – masochism (algolagnia) – pain/cruelty for sexual gratification.
Sadism – achievement of sexual simulation and gratification through the infliction of physical pain on
the sexual partner. It may also be associated with animals or objects instead of human beings.
Masochism – infliction of pain to oneself to achieve sexual pleasure.

As to part of the body

Sodomy – is a sexual act through the anus of the sexual partner.


Uranism – sexual gratification is attained through fingering, holding the breast or licking parts of the
body.
Frottage – the act of rubbing the sex organ against body parts of another person.
Partailism – it refers to the sexual libido on any part of the sexual partner.

As to visual stimulus
Voyeurism – the person is commonly called “peeping Tom”, an achievement of sexual pleasures
through clandestine peeping such as peeping to dressing room, couples room, toilets, etc. and
frequently the person masturbate during the peeping activity.
Scoptophilia – the intentional act of watching people undress or during sexual intimacies.

As to number of participants in the sexual act

Troilism – three persons participate in sex orgy such as two women versus on man or vice versa.
Pluralism – group of persons in sexual orgies such as couple to couple sexual relations. It is also called
“sexual festival”.

Other sexual activities abnormalities

Exhibtionism – it is called “indecent exposure”, intentional exposure of genitals to members of the


opposite sex under inappropriate conditions.
Coprolalia – the use of obscene language to achieve sexual satisfaction.
Don Juanism – the act of seducing women as a career without permanency of sexual partner or
companion.

Victimology – is the study about victims of crime. It is a branch of Criminology that deals purely on the
underlying factors of victimization and the contributory role of the victims in the commission of crimes.

- study of “crime targets”, showed that a person becomes a victim of crime consciously and
unconsciously

Victims – forgotten person of the Criminal justice system

Criminal – celebrity

Penal Couple - a term that describes the relationship between the victim and the criminal.

Crime can result to

1. financial loss
2. property damage
3. physical injury
4. death

History of Victimology

1940’s / 1950’s – scientific study of victimology


- primary focus of research and academic analysis in the field of criminology was on criminal
perpetrators and criminal acts, rather than on victims.

Fathers of the study of Victimology


Benjamin Mendelsohn
Hans Von Hentig

Benjamin Mendelsohn

- interviewed his clients to obtain information about the crime and the victim. He viewed the
victim as one factor among many in the criminal case.
- His analysis of information about victims led him to theorize that victims had an “unconscious
aptitude for being victimized.”
- Initiator of the word Victimology / Penal Couple

Hans Von Hentig

- studied crime and victims in the 1940s, and Steven Shaffer later published The Criminal and His
Victim. Their analysis of murder focused on types of people who were most likely to be victims
of homicide.

Avenues of studies in victimology

1. How various components of the criminal justice system treat victims;


2. The impact of victimization; and
3. The effectiveness of certain interventions with crime victims.

General Classes of Victims

Based on Hans Von Hentig

1. The Young - the weak by virtue and immaturity


2. The Female – often less physically powerful and easily dominated by males.
3. The Old – the incapable of Physical defense and the common object of confidence scheme.
4. The Mentally Defective – those that are unable to think clearly.
5. The Immigrant – those that are unsure of the rules of conduct in the surrounding society.
6. The Minorities – racial prejudice may lead to victimization or unequal treatment by the agency of
justice.

Psychological Types of Victims

1. The Depressed – submissive person by virtue of emotional condition


2. The Acquisitive or Greedy – person who wants more that what is sufficient makes a natural victim
of crime.
3. The Wanton or Overly Sensual - person ruled by passion and thoughtlessly seeking pleasure.
4. The Lonesome – person who eventually becomes a victim by virtue of wanting companionship or
affection
5. The Heartbroken – one who is emotionally disturbed by virtue of heartaches and pains.
6. The Tormented – a victim who asked for it, often from his own family or friend.

Other types of Victims / Benjamin Mendelsohn


1. The completely innocent victim – such a person is an ideal victim in popular perception. In this
category placed persons victimized while they were unconscious, and the child victims.
2. Victims with only minor guilt and those victimized due to ignorance.
3. The victim who guiltier than the offender – this category was described as containing persons who
provoked the criminal or actively induced their own victimization.
4. The most guilty victim “who is guilty alone” – an attacker killed by a would be victim in the act of
defending themselves were placed in this category.
5. The imaginary victim – those suffering from mental disorders, or those victims due to extreme
mental abnormalities.

Dynamics of Victimization

1. “Victims of Crime Model” (by Bard and Sangrey). According to this model, there are three stages
involved in any victimization:

a. Stage of Impact & Disorganization – stage during and immediately following the Criminal
event
b. Stage of Recoil – stage during which the victim formulates psychological defenses and deals
with conflicting emotions of guilt, anger, acceptance, and desire of revenge (said to last
three to eight months),
c. Reorganization Stage – stage during which the victim puts his or her own life back to normal
daily living.

2. “Disaster Victim’s Model ” – this model was developed to explain the coping behavior of victims of
natural disaster. According to this model, there are four stages of victimization:

a. Pre-Impact – stage describe the victim’s condition prior to being victimized


b. Impact – the stage at which victimization occur
c. Post- Impact – stage which entails the degree and duration of personal and social
disorganization following victimization.
d. Behavioral Outcome – stage that describes the victim’s adjustment to the victimization
experience

Factors of Victimization

1. Hedonism
2. Materialistic Culture
3. Sex Values
4. Decay of Discipline
5. Public Morality

Criminalistics - sub field of Criminology that deals with the study of “criminal things” – those that are left
behind by the criminal in the scene of the crime which have significance in criminal investigation.
Criminalist - is a person who is trained in the application of instruments and methods essential in
detecting and investigating crimes.

Distinction between Criminology and Criminalistics

1. Criminology is a social science while Criminalistics is an applied science.


2. Criminology deals more on theories while Criminalistics use practical and technological theories.
3. Criminology is the study of criminal people while Criminalistics is the study of criminal things.
4. A Criminologist is distinct from a Criminalist.

Divisions of Criminalistics

1. Scientific Divisions
a. Chemistry
b. Psychiatry
c. Biology

2. Technological Divisions

a. Forensic Dactyloscopy
b. Forensic Photography
c. Forensic Ballistics
d. Questioned Document Examination
e. Forensic Medicine
f. Polygraphy

Dactyloscopy - It is the identification of a person through the examination and comparison of


fingerprint.

Derived from the Greek word

Dactylos – finger
Skopien – to examine

Fingerprint - The production of a pattern or design formed by ridges on the inside of the joint of a finger.

Sir Edward Richard Henry – considered as the Father of Fingerprint Science.

Branches of Dactyloscopy

1. Chiroscopy – science of dactyloscopy which deals with the study of the palms of the hand.
It was derived from the Greek words: cheir – a hand, and skopien – to examine.

2. Podoscopy – branch of science of dactyloscopy which deals with the study of the sole of the foot.

It was derived from the Greek words: podo – foot, and skopien – to examine.

3. Poroscopy – branch of science of dactyloscopy which covers the study of the sweat pores found in
the friction skin.
It was derived from the Greek words: poros – pores, and skopien – to examine.

Three Universal Principles of Fingerprint

1. Infallibility – it will not fail


2. Permanency – conclusive and permanent, unchangeable
3. Individuality – no two persons have exactly the same fingerprints

Photography - science or art of obtaining images on a sensitized material by the action of


electromagnetic radiation or rays thru the use of a camera and its accessories and the chemical process
involved therein.

It was derived from the Greek words:


Photo – means light
Graphos – means to draw or chart or sketch

Police photography - It is the science which deals with the study of the principles of photography and
the preparation of photographic evidence and its application to police work.

Types of Photography

1. Forensic Photography- the process of photographing crime scene or any other objects for court
presentation.
2. Photo macrography- photographing of objects directly enlarged on the negative and magnified from
1-9 times.
3. Photomicrography- the art of photographing minute objects when magnified by means of a
microscope and enlarged from t10 times and up.
4. Infra-red Photography- the art or process of photographing or recording unseen objects by means
of infra-red light.
5. Ultra-violet Photography- the art or process of photographing or recording unseen objects by
means of ultra-violet light or filters.
6. Microphotography- a very small photograph as encountered in microfilming or with use of micro
film.
7. Spectrograph- a process used in determining the kind of metals submitted for examination.
8. X-ray Photography- the process of photographing or recording internal structure of the body.

Other types of Photography


1. Flash Photography- applied to the technique whereby exposures are made with illumination from
one or more photograph.
2. Mug shot Photography- it is usually used for personal identification which is the first use of
photography in police work.
3. Thermo Photography- a kind of photography wherein we use laser beam radiation using laser beam
film.
4. Aerial Photography- a kind of photography applied for photo mapping.
5. Underwater Photography- photographing things under water.

Objectives of Police photography

1. To produce a pictorial record of everything pertaining to the crime.


2. To help in keeping the police officer’s memory accurately as possible as to where he find things.
3. To help in securing and obtaining confession, disposition and information relating to the case.

Importance of Forensic Photography

1. Small objects but of great importance in a crime committed may escape in the first phase of
examination by the investigator but maybe seen and recorded on the photograph.
2. A good photograph of the scene is a permanent record which is always available especially in court
presentation, in court proceeding, fiscals and defense lawyers have generally never visited the scene
of the crime.

* As a general rule, take many photograph of the crime scene and select the best.

3. Used as an aid by investigator to describe in court some of the details of the crime scenes they have
investigated several months ago, the small details and exact locations of objects.

4. To assists the investigators in using photographic equipment and techniques in their effort to solve
crimes.

Uses of Photography in Police Work

1. Identification – this is the very first use of photography in police work. Use to identify criminals,
missing persons, lost property, licenses, anonymous letters, bank checks, laundry marks, and the
civilian or personnel fingerprint identification files.

2. Communication and micro films files – investigative report files, accident files, transmission of
photos (wire photos) photographic supplement to reports with modern day electro-photography
machines.

3. Evidence – crime scenes, traffic accidents, homicides, suicides, fires, objects of evidence, latent
fingerprints, evidential traces can frequently be improved by contrast control (lighting, film and
paper filters) by magnification (photomicrography, photomicrography) by invisible radiation (infra-
red, ultraviolet, x-rays).

4. Offender detection – surveillance, burglar traps, confessions, re-enactments of crimes.

5. Court exhibits – demonstration enlargements, individual photos, projection slides, motion pictures.
6. Reproduction or copying – questionable checks and documents, evidential papers, photographs,
official records and notices.

7. Personnel Training – photographs and film relating to police tactics, investigation techniques, mob
control, and catastrophe situation.

8. Crime and fire prevention hazard – lectures, security clearance detection devices, photos of
hazardous fire conditions made when prevention inspections are made.

9. Public Relations – film pertaining to safety programs, juvenile delinquency, traffic education, public
cooperation and civil defense.

Polygraphy - is the scientific method of detecting deception with the use of a polygraph instrument.

- New name of lie detection.

Polygraph - is a scientific diagnostic instrument used to record physiological changes in the blood
pressure, pulse rate, respiration and skin resistance of an examinee under controlled condition.

Principal Uses of the Polygraph

1. Aid in investigation
2. Speeds up processing of investigation
3. Eliminates innocent suspects.
4. Pre-employment screening.
5. Honesty test

Four Major Components of Polygraph

Pneumograph Component

- This component is responsible in recording the changes in breathing of the subject. It is made up
of two units, the pneumograph chest assembly and the recording unit. The pneumograph
assembly is composed of the rubber-convoluted tube and banded chain tubing.

- Attached to the chest area of the subject and is locked by a beaded chain. Pneumograph tube is
around 10 inches long; one end of which is sealed and the other end is connected to the
instrument by a rather thick walled rubber tube considerably in diameter than the
pneumograph tube itself.

- The pneumograph recording unit consists of a frame, brass bellows, crank shaft, counter shaft,
adjustable fulcrum, bearing with adjusting screw pen travel, vent limiting screw, pen cradle, and
pen centering control volume changes of the chest caused by breathing transmitted by the chest
assembly to the recording unit.

Galvanograph Component
- The Galvano component is to record the skin resistance of the subject to a very small amount of
electricity. It is composed of the finger electrode assembly, amplifier unit, and the
galvanometer-recorder unit. The finger electrode connects the subject to the instrument in such
a manner that his skin resistance is a circuit element of the polygraph.

- It consists of finger electrode plate with retainer bonds and connecting flog.

- It has 7-inch recording pen. It records the changes in the skin resistance of the subject, amplify
these changes and record it on the chart.

Cardiograph Component

- The cardiograph component is to record the changes of the blood pressure and pulse rate of the
subject. It is composed of the blood pressure cuff assembly, sphygmomanometer (BP) vent, and
resonance control and recording unit. The blood pressure cuff to the right arm of the subject
transmits impulse from the brachial artery. The pump bulb assembly inflates the system and a
hose connects the blood pressure cuff through which the blood pressure changes and passed
into the recording unit.

- The recording unit records the pulse rate and blood pressure changes on the chart paper
through a 5-inch recording pen.

Kymograph Component

- Kymograph component is a motor that pulls or drives the chart paper under the recording pen
simultaneously at the rate of 6 to 12 inches per minute. It also a chart or paper feed
mechanism. The parts composed of the paper well writing table, paper guide rails, paper roll
assembly with sprockets, chart feed switch, AC power input connector and all 5 volt GC cycle
synchronous motor.

Legal Medicine - is a branch of medicine, which deals with the application of medical knowledge to the
purpose of law and in the Administration of justice.

Types of Medical Evidences


Real Evidence – this is evidence made known or addressed in the sense of the court. It is not limited to
that which is known through the sense of vision but it is extended to what the sense of hearing, taste,
smell and touch perceived.

Testimonial Evidence – a person maybe commanded to appear before the court to give his testimony.
While in the witness stand, his obligation is to answer the question propounded by counsel and
presiding officer of the court, his testimony must be given orally and under oath or affirmation.

Documentary Evidence – a document is an instrument on which is recorded by means of letter, figure or


make intended to be used to the purpose of recording that matter which may be evidentially used . The
term applies on writing, to word printed, lithograph or photograph.

Experimental Evidence – a medical witness maybe allowed by the court to confirm his allegation or as a
corroborated proof to an opinion he previously stated.

Physical Evidence – these are articles and materials which are founded in connection with evidence and
which aid in establishing the identity of the perpetrator or the circumstances under which the crime was
committed, or in general assist \, in the prosecution of the criminal.

Ballistics - the science of the motion of projectiles.

- refers the science of firearm identification.

Branches of Ballistics

1. Interior – the branch of this science, which has something to do with the properties and attributes
of the projectile while still inside the gun. This extends from the breech to the muzzle of the gun.
2. Exterior – the branch of this science, which has something to do with the attributes and movements
of the bullet after it has left the gun muzzle.
3. Terminal – it is the branch of this science that deals with the effects of the impact of the projectile
on the target.
4. Forensic Ballistics - this branch of this science involves the investigation and identification of
firearms by means of the ammunitions fired through them.

Document - Any material containing marks, symbols, or signs that may present or ultimately convey a
meaning to someone.
Latin word- ”documentum”- lesson/example
French word- “docere”- to teach

Questioned Document - One in which the facts appearing therein may not be true, and are contested
either in whole or in part.

Kinds of Document
1. Public document - notarized by a notary public
2. Official document – issued by the government
3. Private document – executed by a private person
4. Commercial document – executed in accordance with the code of commerce

Juvenile Delinquency and Crime Prevention

Juvenile - a person who is not yet fully developed; not yet an adult; having the characteristics of a youth
or child; immature.

Youth – the condition or quality of being young; an early period of development or existence; the time
of life between childhood and maturity

Adolescence – is the transgression stage between childhood and adulthood. The period of life as
turbulent, emotional one, filled with storm and stress, brought on by the various biological changes of
puberty.

Delinquency – any act which may be brought before the court and adjudicated where in fact it is to be
treated or indeed remain untreated.

Parental Authority –is the mass of rights and obligations which parents have in relation to the person
and property of their children until their emancipation, and even after under certain circumstances.

Juvenile Delinquency - It refers to an anti-social acts or behaviors committed by minors which are
contrary to the norms of the society. It involves oftentimes misdemeanors, but may include also
offenses and felonies.

Under RA 9344, juvenile delinquent are now called child-in-conflict with the law. The use of the word
―juvenile or other similar terms against the child would amount to a crime of labeling or shaming.

Youthful Offender – is one who is below 18 years of age at the time of the commission of the offense.
Different forms of repetition or habituality of the offender.

Stages of Delinquency

1. Emergence - The child begins with petty larceny between 8 and sometime during the 12th year
2. Exploration - He then may move on to shoplifting and vandalism between ages 12 to 14.
3. Explosion - At age 13, substantial increase in variety and seriousness
4. Conflagration - At around 15, four or more types of crime are added.
5. Outburst - Those who continue on adulthood will progress into more sophisticated or more violent
forms of criminal behavior.

Classification of delinquency
1. Unsocialized Aggression – Rejected or abandoned no parents to imitate and become aggressive.
2. Socialize Delinquency – Membership of fraternities or groups that advocate bad things.
3. Over-inhibited – Group secretly trained to do illegal activities, like marijuana cultivation.

Related laws affecting children

1. PD 603 – It is known as the Child and Youth Welfare Code. It was approved on December 10, 1974
and took effect on June 10, 1975.
2. R.A. 6809 - Lowering the age of majority from 21 to 18 years of age.
3. RA 9344 – Juvenile Justice Welfare Act of 2006. It was approved on April 28, 2006.
4. RA 9262 – Anti-Violence Against Women and their Children Act of 2004.
5. R.A. 8044 - Created the National Youth Commission.
6. RA 7610 – Anti-Child Abuse Law
7. R.A. 8369 – It established the ―Family Court‖.
8. R.A. 9208 – Anti-Trafficking in Persons Act of 2003.
9. R.A. 8552 – Domestic Adoption Act
10. R.A. 8043 – Inter-Country Adoption Act of 1995
11. PD No. 1619 – Anti-Sniffing of Rugby. This law is not applicable to children under the express
provision of RA 9344 (Sec 58).
12. PD No. 1563 – Anti-Mendicancy Law. This law is not applicable to children under the express
provision of RA 9344 (Sec 58).
13. E.O. 209 – The Family Code of the Philippines
14. R.A. No. 8370 – Children’s Television Act of 1997 (violent X-rated films)
15. R.A. No. 8504 – Philippine AIDS Prevention and Control Act of 1998
16. E.O. No. 56 – Authorizing the Ministry of Social Services and Development to take Protective
Custody of Child Prostitutes and sexually Exploited Children – below 17 years of age
17. E.O. No. 275 – Creating a Committee for the Special Protection of Children from All Forms of
Neglect, Abuse, Cruelty, Exploitation, Discrimination and Other Conditions Prejudicial to their
Development.
18. R.A. No. 6972 – Barangay Level Development and Protection of Children Act Creation of a Day-Care
Center in energy barangay
19. R.A. No. 8353 – Anti-rape Law of 1997
20. R.A. No. 7438 – And Act Defining Certain Rights of Person Arrested, Detained or Under Custodial
Investigation
21. R.A. No. 9255 – An Act allowing illegitimate children to use the surname of their father amending for
purpose Art. 176 of Executive Order 209 otherwise known as the ―Family Code‖ of the Philippines.

Criminal Justice System - machinery used by the government to prevent and control crimes

Pillars of the Criminal Justice System


1. Law Enforcement
- It is the prime mover of the Criminal Justice System
- An agency of the government responsible in maintenance of peace and order, protection of lives
and properties, ensure public safety, enforcement of laws and ordinances, apprehension of
offenders, and investigation of cases.

2. Prosecution
- It is a process whereby accusations are brought before the court of justice.

3. Court
- It is a body vested with the power to try, hear and decide cases.
4. Correction
- It is considered as the weakest pillar of the Criminal Justice System.
5. Community

Police - An agency of the government responsible in the protection of lives and properties, ensure public
safety, maintain peace and order, enforcement of laws and ordinances, apprehension of offenders and
investigation of criminal cases.

Organization - A group of persons with common goals and objectives.

Police Organization - A group of trained personnel working together to maintain peace and order,
ensure public safety and protect lives and properties.

Police Administration - It refers to the cooperative human effort to achieve organizational goals and
objectives.

Legal Bases:

1. Republic Act No. 6975

- It is otherwise known as the DILG Act of 1990 or the PNP Law of 1991.
- It was signed into law on December 13, 1990.
- It paved the way for the creation of the following agencies: Philippine National Police (PNP),
Bureau of Fire Protection (BFP), Bureau of Jail Management and Penology (BJMP), and Philippine
Public Safety College (PPSC).

3. Republic Act No. 8551


- It is otherwise known as the PNP Reform and Reorganization Act of 1998.
- It was signed into law on February 25, 1998.
- It provides for the reorganization of the Philippine National Police (PNP) which is national in
scope and civilian in character.
Rank Abbrev. Rank Equivalent
COMMISSIONED OFFICER
Director General DG General (4 star)
Deputy Director General DDG Lt. General (3 stars)
Director Dir. Major General
Chief Superintendent Chief Supt. Brig. General (1 star)
Senior Superintendent Sr. Supt. Colonel
Superintendent Supt. Lt. Colonel
Chief Inspector Chief Insp. Major
Senior Inspector Sr. Insp. Captain
Inspector Insp. Lieutenant
NON-COMMISSIONED OFFICER
Senior Police Officer IV SPO IV Master Sergeant
Senior Police Officer III SPO III Technical Sergeant
Senior Police Officer II SPO II Staff Sergeant
Senior Police Officer I SPO I Sergeant
Police Officer III PO III C1/Corporal
Police Officer II PO II C2/Private First Class
Police Officer I PO I Constable/Private

Police – Greek word “Politeia” / government of a city.

Romans – changed the word to “Politia”

French – changed the word to “police”

French – “patrouiller” meaning to walk through mud in a military camp

German – originated the word “patrolle” derived from the French word “patrouiller”

Definition of a Patrol
1. Patrol may refer to the regular tour made by a guard in a place in order to protect it or to maintain
order.
2. Patrol could mean a person or a group (such as a police or military unit) sent to carry out a tour of
duty in a certain place with a particular mission either for reconnaissance purposes or simply to
provide protection.

Patrol is the backbone of the police department.

Patrol force is the only division in the police organization that cannot be eliminated.

Importance of the Patrol force

1. Patrol is the essence of police operations.


2. The patrol force is the single largest unit within the police organization.
3. Actions taken by the patrol officer have the most direct impact on the citizen’s satisfaction and on
the accomplishment of police goals and objectives.
4. Patrol operation is the most visible form of activity that enhances the welfare and security of the
community.
5. Individual patrol officers represent the police department in its contact with the community.
6. Individual patrol officers play a major role in determining the quality of justice in a given community.
Errors made by patrolmen have significant negative effect in the public’s perception and on the
other components of the CJS.
7. The patrol officer is the most important human element of the police organization since all police
field operations are supported by the patrol activity.

Theories of Patrol

1. Theory of Police Omnipresence: High police visibility discourages criminals. Obvious presence of
police officers cause criminals not to execute whatever plans they have.

2. Low Police Profile Theory: Low police visibility increases the opportunity to apprehend criminals.
Deceptive absence of the police officers will let criminals believe that they will not be detected or
caught if they execute crimes that they have planned. In this Theory, the patrol objective is to attract
as little attention as possible while on the process.

Methods of Patrol - refer to the various means of getting from one place to another within a specified
patrol jurisdiction.

Types of Patrol

1. Beat Patrol
2. Sector Patrol (Motorized Patrol)
3. Specialized Patrol Methods

Foot Patrol - restricted to small areas and is used to deal with special situations while maintaining radio
contact with officers in patrol cars.

2 types of police geographical units


1. Post – a fixed position or location where an officer is assigned for guard duty
2. Beat – the smallest area specifically assigned for patrol purposes

Types of Foot Patrol

1. Fixed foot patrol - usually used for traffic, surveillance, parades, and special events.
2. Moving foot patrol - used where there is considerable foot movement such as patrolling business
and shopping centers, high crime areas, and in places where there are many or multiple family
dwellings.

Factors to be considered in determining the size of the beat


1. area to be patrolled
2. man-made and natural barriers
3. number of men to patrol the area
4. type of patrol

Factors to be considered in determining the number of men to be deployed


1. size or area to be patrolled
2. topography (physical characteristics or terrain of the area)
3. crime rate
4. possible problems to be encountered on the beat

Advantages of Foot Patrol:

1. Greater personal contact with the public leading to increased community support for the police.
Police becomes closer to the community residents.
2. Greater opportunity to develop sources of information.
3. High police visibility. Regular police presence discourage criminal activity and provides a greater
sense of security to storekeepers, females, and elderly persons.
4. Places not accessible by motor vehicles are reached and patrolled.
5. Easy detection of criminal activities.
6. Easy discovery and familiarization on the layout of the beat. In-depth knowledge of the character
and problems of the patrol area.
Disadvantages of Foot Patrol
1. Low mobility resulting to limited coverage of the patrol area.
2. Low response time to telephone complaints.
3. Foot patrol method involves a large number of personnel, since officers are assigned on small areas
of jurisdiction called beats.

Features of State-of-the-Art Patrol Cars


1. Reflecting pressure-sensitive film covering rather than mere paint
2. Vehicle-mounted TV – high-resolution video camera with wide-angle lens
3. MDT – mobile data terminal – computer that allow officers in patrol car to access files from HQ and
other LE agencies
4. HELP - high-intensity emergency lighting plan – heavy duty light than can provide 2 million candle
power of lighting

Advantages of Automobile Patrol


1. High mobility allowing coverage of greater area.
2. Quicker response time to telephone complaints. Greater efficiency in responding to emergency calls
and other called-for services
3. More economical as compared to foot patrol.
4. More effective street pursuit of offenders.
5. More effective traffic enforcement.
6. Provide an element of surprise, especially when crime is in progress.
7. Provide the officers with necessary protection during increment weather.
8. Enable officers to carry supplementary equipment essential in patrolling.

Disadvantages of Automobile Patrol

1. Diminished personal contact with the public.


2. Little opportunity to develop sources of information.
3. Marked police vehicle hampers (inhibits) apprehension and surveillance operations.

Advantages Bicycle Patrol

1. Lower-cost (inexpensive) to operate as compared to motorcycle and automobiles


2. Areas not accessible by patrol cars or are too wide for foot patrol can be covered by bicycle
3. Increased mobility and stealth since bicycle can be operated quietly and without attracting too much
attention. In Seattle, Washington, for, example, bicycle officers use bikes to whip around corners
and surprise drug dealers.
4. Found to be highly effective in combating theft, vandalism in residential areas, parks, shopping
malls, etc. The Seattle City’s 20 bicycle officers have averaged five times the number of arrests made
by foot patrols in the downtown area.
5. Effectively used by plainclothesmen for surveillance in high crime areas wherein officers wearing
nondescript clothes could blend with the apparels worn by the criminals.

Disadvantages of motorcycles

1. relatively high cost to operate


2. limited use in bad weather
3. inability to carry large amount of equipment, evidence or prisoners
4. the danger involved in riding them

Mounted Patrol - is decreasing in the US but is still used in some large cities for crowd and traffic
control. Mounted officers are usually more acceptable than K9s as crowd control instruments.
- Expense is one of the main advantages of mounted patrol. The greatest advantage is that an
officer on horseback is much more effective at controlling a disorderly crowd than one on foot
or in any kind of vehicle (other than a tank). Mounted officers can see up to three blocks away
and cover more territory than officers on patrol.

Advantages of Air Patrol by means of Fixed-Wing Aircraft

1. Patrolling long stretches of highway or expenses of inaccessible land.


2. Excellent for traffic control in long stretches of highways, for search and surveillance, and other
special missions.

Disadvantages of Air Patrol by means of Fixed-Wing Aircraft

1. Fixed-wing aircraft has very little flexibility in congested metropolitan areas.


2. Needs a span of flat land for lift-off and landing.
3. Very expensive to operate.

Advantages of Air Patrol by means of Helicopter

1. Able to travel at low speeds, to hover if necessary, and to land even in small patch of flat land.
2. Increased visual range/scope.
3. More efficient for rescue, medical evacuation, surveillance, and other high-profile police
activities.
4. Improved response time to emergency calls and other called-for service.
5. Increased rate of apprehension of professional and organized crime Commands.
6. Improved efficiency of regular patrol units thru airborne reconnaissance.
7. Increased ability in conducting searches for missing/lost people, suspected offenders and
escaping prisoners.
8. Provide a better system of flood lighting areas to be patrolled at night.
9. Capable of broadcasting information to a large area thru airborne speakers.
10. Provide rapid emergency transportation of personnel.
11. Added security to patrol officers on foot, motorcycles or in patrol cars thru backup offered by
aerial patrol.

Disadvantages of Air Patrol


1. Very expensive – high cost of training of pilots/operators, buying, fuel, and special facilities for
housing and maintenance.
2. Public complaints about the noise and about being spied upon.
3. Forcibly grounded during bad weather.
4. Smog and light or intermittent clouds affect visibility.
5. Presence of various hazards especially in congested areas, such as high wires and smog.
6. There are landing patterns or procedures that must be followed, which delays landing time.
7. Pilots must work shorter periods of time than regular police shift since driver of helicopters easily
suffer work fatigues.
8. There are many tactical problems to overcome such as location of police units on ground and the
exact location of addresses
9. Element of surprise is lost since criminals could hear the helicopter coming even from a great
distance.

Water patrol - extremely specialized and are not in great use except in those areas with extensive coasts
or a great deal of lake or river traffic.

- They are also valuable in rescue operations during times of flooding as well as in dragging
operations for drowning cases.

K9 Assisted Patrol - Along with mainframes and microchips, the small- to medium-sized police
department shopping for the latest in cost-effective high-tech law enforcement might want to consider
the four-legged, cold-nosed variety.

Uses of Dogs or K-9s in police operations

1. Provide great assistance in search and rescue as well as in smelling out drugs and bombs.
2. Provide protection for 1-officer patrol. Officer/s assigned to a high-crime area have little to fear
with a well-trained canine at their side.
3. Great value in crowd control since properly trained dogs:
a. are virtually fearless and totally loyal to their handlers
b. have a significant psychological effect on would-be troublemakers
4. Extensively used in international airports to detect narcotics and bombs because of their keen
sense of smell. A dog is capable of recognizing an odor 10 million times better than a human
can.
5. Specially trained dogs are extremely effective in finding bodies – dead or alive, just buried or
buried for years.
6. Locating trapped people during emergencies.
7. Can be an asset to public relations efforts. Well trained police dogs can be used for
demonstrations in public affairs, schools, or parades.

Disadvantages of using K-9


1. Most police dogs work with only one handler.
2. K-9, like most dogs, is territorial, and its handler and its K-9 cruiser are part of its territory.
3. Dog training is expensive. Dog training usually takes 10 to 12 weeks.
4. Police departments that initiates a K9 section is vulnerable to lawsuits.
5. Dog handlers get involved in more violent confrontations on the street than any other officer. They
work more night shifts than most members, do more callouts from home, and spend literally
hundreds of off-duty hours caring and training with their K-9 partners.

Industrial Security Management

Industry – denotes "earnest or constant application to work or business", or "a special branch of
productive work, or the capital or workers employed in it."
- it is likewise defined as a large-scale production or organized economic activity connected with
the production, manufacture, or construction of a particular product or range of products.

Industrial - This is defined as “pertaining to or engaged in industry”

- Having highly developed industries

Security - It is the state or condition of being safe or free front fear, harm, danger, loss, destruction or
damages.

Management - This term means the “skillful use of means to accomplish a purpose.

Industrial Security – meaning :

1. security measures applied to business industries


2. the business of providing security and protection to private individuals, business and enterprises, or
government and non-government industries.

Industrial Security Management - It is the skillful handling of the security and safety measures of
business enterprises and industrial establishments.

Legal Basis of Industrial Security Management

Natural Authority

1. The highest law is the law of self-preservation.


Man naturally reacts to protect himself, his family, his honor, freedom, liberty and property from
danger, threat or hazard

It became an unwritten law of the early Filipinos to protect themselves and their property against
the natural and man-made hazards.

Constitutional Authority
1. The prime duty of the Government is to serve and protect the people. (Art. II, Sec. 4)

The government may call upon the people to defend the State and, in the fulfillment thereof, all citizens
may be required, under conditions provided by law, or to render personal military service.

Although the defense of the States is the one contemplated here, people being one of the elements of
the State is directly affected in whatever protection the state will receive from the government and the
people. Take note also that all citizens who are qualified, including the security guards, may be required
by law to render personal military or civil services. The service required of the citizens is personal

2. No person shall be deprive of life, liberty or property without due process of law, nor shall any
person be denied the equal protection of the laws. (Art. III, Sec. 1)

This means the life, liberty, freedom and property can only be taken from a person after the observance
of due process of law. Due process of law is of two aspects: substantive and procedural. Daniel
Webster, in brief, defines procedural due process as “one which hears before it condemns, which
proceed upon inquiry, and render judgment only after trial”. But if the taking of life, liberty, freedom or
property does not fall within the framework of due process of law, available remedies under the law
should be resorted to.

3. Private property shall not be taken for public use without just compensation. (Art. III, Sec. 9)

The Constitution protects not only ownership but also possession, enjoyment, use and disposition of
private property by their rightful owners subject to such limitations imposed by law. In this regards,
private property to be taken by the government in its exercise of the power of the eminent domain
must satisfy two important conditions, namely: public use and just compensation.

4. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall be issued except upon examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be seized. (Art. III, Sec. 2)

Statutory Authority

Revised Penal Code (Republic Act No. 3815, as amended)


The applicable provisions for the Code on Crime Against Persons, Personal Liberty and Security and
Property have bearing on the security and protection of one’s life, liberty and property.

Private Security Agency Law (Republic Act 5487, as amended)


This law governs the operation, administration of security agency, and activities, qualification, duties
and licensing of security guards, watchmen and private detectives. In short, it is the intention of this law
to professionalize the security services in order to upgrade the level of security protection.

Types of Security
1. Industrial Security – a type of security applied to business groups engaged in industries like
manufacturing, assembling, research and development, processing, warehousing and even
agriculture.

2. Hotel Security – a type of security applied to hotels where its properties are protected from
pilferage, loss, damage, and the function in the hotel restaurants are not disturbed and troubled by
outsiders or the guest themselves. This type of security employs house detectives, uniform guards
and supervisor and insures that hotel guests and their personal effects are safeguarded.

3. Bank Security – this type of security is concerned with bank operations. Its main objective is the
protection of bank cash and assets, its personnel and clientele. Security personnel are trained to
safeguard bank and assets while in storage, in transit and during transactions.

4. VIP Security – a type of security applied for the protection of top-ranking officials of the government
or private entity, visiting persons of illustrious standing and foreign dignitaries.

5. School Security – a type of security that is concern with the protection of students, faculty
members, and school properties. Security personnel are trained to protect the school property from
theft, vandals, handling campus riots and detecting the use of intoxicated drugs and alcohol by the
students.

6. Supermarket or Mall Security – a type of security which is concern with the protection of the stores,
warehouses, storage, its immediate premises and properties as well as the supermarket personnel
and customers. Security personnel are trained to detect “shoplifter”, robbery and bomb detection
and customer relation.

7. Physical Security – part of security concerned with the physical measures designed to safeguard
personnel and to prevent unauthorized access to equipment, facilities, materials and the documents
and to protects them from espionage sabotage, damages or theft. This if the broadest type of
security.

8. Document Security – protection of documents, classified papers and vital record from loss, access to
unauthorized persons, damages, theft and compromise through proper storage and procedures.

9. Operational Security – this involves the protection of process, formula and patents, industrial and
manufacturing activities from espionage, infiltration, loss, compromise or photocopying.

10. Communication Security – the protection resulting from the application of various measures which
prevents or delay the enemy or unauthorized person in gaining information through
communication. This includes transmission, cryptographic and physical security.
Three Major Divisions of Security

1. Physical Security – this concern with the physical measures adopted to prevent unauthorized access
to equipment, facilities, material and document and to safeguard them against espionage, sabotage,
damage, loss and theft.

2. Personnel Security – this is as important as physical security. Personnel security starts even before
the hiring of an employee and remains to be maintained for as long as the person is employed.

Its purpose is to insure that a firm hires those best suited to assist the firm in achieving its goals and
objectives and once hired assist in providing necessary security to the work force while carrying out
their functions.

3. Document and Information Security – this involves the protection of documents and classified
papers from loss, access by unauthorized persons, damage, theft and compromise through
disclosure.

Classified documents need special handling. Lack of indoctrination and orientation among the personal
handling them can result in the leakage, loss, theft, and unauthorized disclosure of the documents.

Police Intelligence - It is defined as the end product resulting from the collection, evaluation, analysis,
integration and interpretation of all available information regarding the activities of criminal and other
law violators for the purpose of affecting their arrest, obtaining of evidence, and forestalling their plans
to commit crime.

Three Major Categories of Police Intelligence


1. Strategic Intelligence - primarily long-range in nature with little or no immediate practical value.

2. Counter- Intelligence - defense of the organization against its criminal enemies. (Defensive Effort)

3. Line Intelligence - of an immediate nature and necessary for more effective police planning and
operations. (Offensive Effort)

General Activities in Police Intelligence


1. Strategic Intelligence – intelligence information which primarily long range in nature with little
practical operation value.
2. Line Intelligence – intelligence information which is of an immediate nature and necessary for more
effective police planning and operation.
3. National Intelligence – the integrated product of intelligence developed by all the governmental
branches, departments concerning the broad aspect of national security and policy. It is concerned
to more than one department or agency and it is not produced by single entity and used to
coordinate all the activities of the government in developing and executing integrated and national
policies and plans.
4. Counter-Intelligence – devoted in destroying the effectiveness of hostile foreign activities and to the
protection of info against espionage, subversion and sabotage.
5. Undercover Work – It is an investigative process in which disguises and pretext cover and deception
to gain the confidence of criminal suspects for the purpose of determining the nature and extent of
any criminal activities that maybe contemplating or perpetuating.

Functional Classification of Police Intelligence


1. Criminal Intelligence – any knowledge essential to the prevention of crimes and the investigation,
arrest, and prosecution of criminal offenders.
2. Internal Security Intelligence – any knowledge essential to the maintenance of peace and order.
3. Public Safety Intelligence – It refers to any knowledge essential to ensure the protection of lives and
properties.

Surveillance - A form of clandestine investigation which consist of keeping persons, place or other
targets under physical observation in order to obtain evidence or information pertinent to the
investigation. It is also used to gather information over a wide area and takes a longer time frame.

General Objectives and Purposes Objectives


1. To confirm or deny allegations.
2. To identify persons involved in certain activities.
3. Provide background information for undercover assignment.
4. Develop leads to vital information.
5. To obtain needs upon which to conduct additional investigation.
6. To check on source of information.
7. Locate addresses, or places frequented by subject as well as his associates.
8. To obtain detailed information about the nature, scope of subject’s activities.
9. To secure basis for securing search warrant.
10. To provide protection.

Terminology Used in Surveillance


1. Pre-surveillance Conference. A conference held among the team members, police intelligence
unit before a surveillance in conducted.
2. Stake out. The observation of places or areas from a fixed point.
3. Tailing or Shadowing. It is the observation of a person’s movement.
4. Undercover Man. A person trained to observed and penetrate certain organization suspected
of illegal activities and the later reports the observation and information so that proper
operational action can be made.
5. Liaison Program. This is the assignment of trained intelligence personnel to other agencies in
order to obtain information of police intelligence value. (Agencies like the press, credit agencies,
labor unions, telephone companies, etc.)
6. Safe House. It is a place, building, enclosed mobile, or an apartment, where police undercover
men meet his action agent for debriefing or reporting purposes.
7. Drop. It is a convenient, secure, and unsuspecting place where a police, undercover man,
informer, or informant by a pre-arrangement leaves a note, a small package, an envelope to
item for the action agent, supervisor or another agent.
8. Convoy. An accomplice or associate of the subject.
9. Decoy. Any person almost similar to the subject used to avoid or elude surveillance.
10. Contact. Any person or subject picks or deals with while he is under surveillance.
11. Made. When subject under surveillance becomes aware that he is under observation and
identifies the observer (burnout).
12. Lost. When the surveillant do not know the whereabouts of their subject or the subject had
eluded the surveillant.
13. Rabbit (Hare). Term referring to the subject of shadowing and tailing.
14. Test for Tailing. The common trick of the subject (rabbit) when he becomes conscious that he is
being tailed. The rabbit usually boards a public conveyance then jumping off the vehicle then he
looks about quickly to determine if any another person jumps off also.

Police Personnel and Records Management


Management Defined

It is the process of organizing, leading, and controlling the efforts of the organization members utilizing
available resources to achieve organizational goals.
The Nature of Management

1. Management of Money- Budget, Expenditures, Fund allocation


2. Management of Method- procedures and processes
3. Management of Materials- equipment and logistics
4. Management of Men- personnel in the organization

Theories of Police Management


1. Scientific Management in Organization-Frederick Taylor
Emphasis on Planning, Standardizing, and Improving Human efforts in the operational level of the
organization.

2. General Management Theory- Henry Fayol


Emphasis on the elements of Planning, Organizing, Command, Coordination, and Control.

3. Bureaucratic Model of Organization- Max Weber


Emphasis on the characteristics of bureaucracy

a. division of labor
b. centralization of authority
c. rational program of personal administration
d. rules and regulation
e. written records

4. The Science of Administration- Luther Gulick and Lyndal Urwick


Emphasis on the following principles:

Planning
Organizing
Staffing
Directing
Coordinating
Reporting
Budgeting

5. The principles of Organization- Mooney and Reiley


6. Mooney and Reiley identified Coordination as the preeminent element of organizational designs.
Thus, Coordination is the mother of principles

Functions of Management Administration Principles as Applied in Police Personnel Management

1.Planning - It is the basic process of selecting goals and determining how to achieve them. It involves
selecting missions and objectives, the policies programs and procedures and the action to achieve them.

2. Organizing - It is the process of making the organizations fit with its objectives, its resources and its
environment.

3. Staffing - It is the filling and keeping filled positions in the organizational structures.

Activities of Staffing:
a. Selection-the process of choosing from among candidates from within the organization
or from the outside, the more suitable person for the current position or for future
positions.
b. Recruitment-refers to the set of activities and processes used to legally obtain a
sufficient number of the right people at the right place and time.
c. Appraisal-It is the process of measuring the performance in achieving goals and plans.
d. Training-is an attempt to improve the ability required by the job of operative employees
and is immediately focused on skills.
e. Development-the attempt to improve the abilities of personnel to prepare them for
more responsible positions in the future.
4. Directing - It is the process of giving orders, commands, directives or instructions to personnel.

5. Coordinating - It is the manner of integrating the different elements within or outside the
organization into an efficient and harmonious relationship, thus making them work together or
fit with each other.

6. Recording - Refers to the system of putting what is reported into records and the manner of
classifying documents or notes within the organization.

7. Budgeting - The management of income and expenditures within the organization.

Police Personnel Management - The systematic process of recruitment, selection, appointment,


promotion, appraisal, training and career development in the police force directed towards the
achievement of an effective and efficient police organization.

Fundamental Duties of a Police Personnel Officer

1. Appraisal (Performance Evaluation) - Accomplishment and performance of police personnel should


be evaluated to detect deficiencies and correct weaknesses.
2. Training - concerned with pre-service and in-service training to maintain a suitable level of
performance.
3. Controlling (Proper Supervision) - investigation of complains and suitable disciplinary measures
applied when needed.
4. Attention - must be given for the welfare of the members; attention to the conditions of
employment and desirable relations must be established.

Investigation - It was derived from the Latin word “vestigare” which means to track or to trace or to
probe.
- Systematic examination of facts and circumstances.
- Search for truthful or information
Criminal Investigation - A lawful search for people and things useful in reconstructing the circumstances
of a crime and the mental state accompanying it.

An art which deals with the identity and location of the offender and provide evidence of his guilt in a
criminal proceeding.

Criminal Investigation as an Art

It is an art because it is not governed by rigid rules or fixed legal procedures but most often based on
intuition and sometimes by chance.

Criminal Investigation as a Science

It is a science in the sense that it applies technical knowledge on forensic sciences in identifying,
locating, collecting, processing or evaluating physical evidence.

Six Cardinal Points in Criminal Investigation

1. What offense has been committed?


2. Where was the offense committed?
3. Who committed the offense?
4. When was the offense committed?
5. Why was the offense committed?
6. How was the offense committed?

Importance of Criminal Investigation

1. It is part of understanding the problem on crimes and criminals and provide for the solutions in
crime prevention.
2. It helps the five pillars of the criminal justice system in recognizing and identifying criminals and
provides clues or information in promoting social justice.
It is an aid in enforcing the laws and the protection of lives and properties.

Tools in Criminal Investigation

Information - Data gathered by an investigator from various sources such as persons including the victim
himself and from public records, private records and modus operandi file.

Interview - Friendly and simple questioning of a person who is willing to divulge information.

Interrogation – skillful and vigorous questioning of a person who is reluctant to divulge information.

Instrumentation - It is the scientific examination of real evidence, application of instrument and


methods of physical sciences in crime detection.
The Golden Rule of Criminal Investigation

“Thou shall not touch, more nor alter anything in the crime scene unless it is properly
photographed, measured and sketched or otherwise preserved so as not to destroy or contaminate the
important criminal things.”

Evidence - A means sanctioned by law of ascertaining in a criminal proceeding a truth respecting a


matter of fact.

Admissibility of evidence - Evidence is admissible when it is relevant to the facts in issue and not
excluded by law.

*Evidence is relevant if it has a direct connection to the fact in issue and Competent if it is not excluded
by law.

Criminal Procedure - The methods prescribed by law for the apprehension and prosecution of persons
accused of any criminal offense and for their punishment in case of conviction [and acquittal if proven
innocent.]

Sources of Criminal Procedure


SOURCES OF CRIMINAL PROCEDURE

- Part III, Rule 110-127, of the Rules of Court of the Philippines. (main bulk)
- 1987 Phil. Constitution, more particularly Art. III (Bill of Rights)
- B.P. 129 (Judiciary Reorganization act of 1980)
- Various acts passed by legislature like Presidential Decrees, Executive Orders
- Decision of Supreme Court

CRIMINAL LAW CRIMINAL PROCEDURE


- Substantive law - Remedial law
- It defines crimes, treats of their nature - Provides for the method by which a
and provide for their punishment. person accused of crime is arrested,
tried and punished
- Declares what acts are punishable - Provides how the acts are to be
punished

Penology – study of punishments for the crime or of the criminal offenders. It includes the study of
control and prevention of crime through punishment of criminal offenders.
- Known as the Penal Science
- division of criminology that deals with prison management and the treatment of offenders and
concerned o with the philosophy and practice of society in its effort to repress criminal activities.

Penology – derived from the Latin word “poena” meaning pain or suffering.

Penal Management - manner or practice of managing or controlling places of confinement as in jails or


prisons.
Correction - branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders. It is the field of criminal justice administration, which utilizes the
body of knowledge and practices of the government and the society in the general involving these of
processes of handling individuals who have been convicted of offense for purposes of crime prevention
and control.

Correction as a Process - Correction as a process is the reorientation of the criminal offender to prevent
him or her from repeating his delinquent actions without necessity of taking punitive action but rather
introduction of individuals measures of reformation.

Correction Administration - study and practice of a systematic management in jails or prisons and other
institutions concerned with the custody, treatment, and rehabilitation of criminal offenders.

Punishment and the Criminal - Punishment is the redress that the state takes against an offending
member of the society that usually involves pain and suffering. It is also the penalty imposed on an
offender on an offender for a crime or wrongdoing.

Ancient Forms of Punishment

Death Penalty - It is effected by burning, beheading, hanging, breaking at the wheels, pillory and other
forms of medieval executions.

Physical Torture - It is effected by maiming, mutilation, whipping and other inhumane or barbaric forms
of inflicting pain.

Social Degradation - Putting the offender into shame and humiliation.

Banishment or exile - The sending or putting away of an offender which was carried out either by
prohibition against coming into a specified territory such as an island to where the offender has been
removed.

Slavery and Transportation

Imprisonment - Putting the offender in prison for the purpose of protecting the public against criminal
activities and at the same time rehabilitating the prisoners by requiring them to undergo institutional
treatment programs

Probation - It is the disposition whereby a defendant after conviction of an offense, the penalty of which
does not exceed 6 years of imprisonment, is released subject to the conditions imposed by the releasing
court and under the supervision of a probation officer.

Parole - A conditional release of a prisoner after serving part of his/her sentence in prison for the
purpose of gradually re-introducing him/her to free life under the guidance and supervision of a parole
officer.

Fine - An amount given as a compensation for a criminal act


Destierro - The penalty of banishing a person from the place where he committed a crime, prohibiting
him to enter the 25-kilometer radius but not more than 250 km.

Retribution - The punishment should be provided by the state whose is violated, to afford the society or
the individual the opportunity of imposing upon the offender suitable punishment as might be enforced.
Offenders should be punished because they deserve it. It is the redress in the form of personal
vengeance.

Expiation / Atonement - It is the punishment of group vengeance of which the purpose is to appease
the offended public or group.

Deterrence - The punishment gives lesson to the offender by showing to others what would happen to
them if they violate the law. The punishment are imposed to warn potential offenders that they can not
afford to do what the offender has done.

When the theory refers to the specific offender who committed the crime it is known as specific
deterrence.
General deterrence describes the effect that punishment has when it serves as a public example or
threat that deters people other than the initial offender from committing similar crimes.

Incapacitation and Protection - The public will be protected if the offender has being held in conditions
where he cannot harm others. By putting the offender in prison, society is protected from his further
criminal depredation.

Reformation / Rehabilitation - It is the establishment of the usefulness and responsibility of the


offender.

Penalty - It is the suffering inflicted by the state against an offending member for the transgression of
law.

Juridical Condition of Penalty

1. Productive of Suffering - Without however affecting the human personality


2. Commensurate with the Offense - different crimes must be punished with different penalties
3. Personal - the guilty one must be the one to be punished
4. Legal- the consequences must be in accordance with the law
5. Equal - equal for all persons
6. Certain - no one must escape its effect
7. Correctional - changes the attitude of the offender and become a law abiding citizen
Early forms of Prison Discipline

1. Hard Labor- productive works


2. Deprivation- deprivation of everything except the essentials of existence
3. Monotony- giving the same food that is “off diet”, or requiring the prisoner to perform drab or
boring daily routine
4. Uniformity- “we treat the prisoners alike”, “the fault of one is the fault of all”
5. Mass Movement- mass living in cellblocks, mass eating, mass recreation, mass bathing
6. Degradation- uttering insulting words or languages on the part of the prison staff to the prisoners to
degrade or break the confidence of prisoners
7. Corporal punishment- imposing brutal punishment or employing physical force to intimidate a
delinquent inmate
8. Isolation or solitary confinement- non-communication, limited news, “the lone wolf”

Amnesty - A general pardon extended to a group of person, such as political offenders to bring about
the return of dissidents to their home and to restore peace and order in the community.

Reprieve - The temporary stay of the execution of sentence especially the execution of death sentence.

Pardon - An act of grace extended to prisoners as a matter of right, vested to the chief executive as a
matter of power.

Commutation of Sentence - An act of the president changing or reducing a heavier sentence into a
lighter offense or a longer term into a shorter term.

Prison - It is a penitentiary, an institution for the incarceration of persons convicted of major or serious
crimes.

The Philippine Prison System

New Bilibid Prison ( Muntinlupa Rizal)


Camp Sampaguita
Camp Bukang Liwayway

The Penal Colonies

San Ramon Prison and Penal Farm


- located at Zamboanga
- the confinement of political offenders
- named after Capt. Ramon Blanco

Iwahig penal Colonies


- located at Puerto Princesa, Palawan
- 36,000 Hectares total land area
- one of the best “open institution”, only mutual trust and confidence of wards and prison authorities
keep them together, there being no walls.

Sub-colonies:
-Montible
-Inagawan
-Sta. Lucia
-central ( main )

The Correctional Institution for Women

- established by ACT 3579


- located at Mandaluyong
- managed by female personnel
- confinement of female offenders

Davao Penal Colony


- founded by Gen. Paulino Santos
- used was used as a concentration camp for American prisoners of war
- at present, it is a combination of medium and minimum type of institution

Sablayan Penal Colony


- located at San Jose, Occidental Mindoro
- an open or minimum security type penal institution
-established on 1954

Ilo-Ilo Penal Colony and Farm


- located at Ilo-ilo province

Leyte Regional Prison


- located at Abuyog, Leyte
Jail - A place for locking-up of persons who are convicted of minor offenses or felonies who are to serve
sentences imposed upon them by a competent, or for confinement of persons who are awaiting trial or
investigation of their cases.

Types of Jail

Lock up Jails - Is a security facility, common to police stations used for temporary confinement of an
individual held for investigation.

Ordinary Jails - Commonly used to detain a convicted criminal offender to serve sentence less than
three years.

Workhouses, Jail Farms or Camp - A facility that houses minimum custody offenders who are serving
short sentences or those who are undergoing constructive work programs. It provides full employment
of prisoners, remedial services and constructive leisure time activities.
Prisoner - A person who is detained/confined in jail or prison for the commission of a criminal offense or
convicted and serving in a penal institution. A person who by reason of his criminal sentence or by a
decision issued by a court, maybe deprived of his liberty or freedom.

General Classification of Prisoners

Detention Prisoner - those detained for investigation, preliminary hearing or awaiting trial.
Sentenced Prisoner - offenders who are committed to the jail or prison in order to serve their sentence
after final conviction by a competent court.
Prisoners who are on safekeeping - includes non-criminal offenders who are detained in order to
protect the community against their harmful behavior.

Classification of Sentenced Prisoner

Insular / National Prisoner - those sentenced to suffer a term of imprisonment from 3 years 1 day to life
imprisonment.
Provincial Prisoner - sentenced to suffer a term of imprisonment from 6 months 1 day to 3 years or a
fine of not more than 1,000 pesos, or both
City Prisoner - sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more
than 1,000 pesos
Municipal Prisoner - confined in municipal jails to serve an imprisonment from 1 day to 6 months.

Classification of Prisoners

According to the Degree of Security

Super Maximum Security Prisoners


A special group of prisoners composed of incorrigible, intractable, and highly dangerous persons who
are the source of constant disturbance even in a maximum security prison. They wear orange uniform.

Maximum Security Prisoners


It is the group of prisoners whose escape could be dangerous to the public or to the community of the
state. It consist of constant troublemakers but not as dangerous as the super maximum security
prisoners. They occupy the new bilibid prison main building. They wear orange uniform

Medium Security Prisoners


Those that can not be trusted in open conditions and pose lesser danger than maximum-security
prisoners incase they escape. It consists of groups of prisoners who maybe allowed working outside the
fence or walls of the penal institution under guards or with escorts. They occupy the medium security
prison (camp sampaguita). They wear blue uniform.

Minimum Security Prisoners


It is a group of prisoners who can be reasonably trusted to serve under “open conditions”.
This groups include prisoners who can be trusted to report to their work assignments without the
presence of guards. They occupy the minimum security prison (camp bukang liwayway). They wear
brown color uniform
Ethics - study and philosophy of human conduct, emphasizing the determination of right and wrong or
to the basic principles of right action.

- coined from the Latin word ethicus or Greek word ethikos and ethos which mean character

Character on the other is derived from the French word caractère, Latin word character, and Greek
word charaktêr – all referring to a stamp or markThe combination of qualities distinguishing any person
or class of persons;

Moral from the Latin moralis or moris literally means custom or manners. Today, the word moral is
synonymous to; dutiful, ethical, excellent, faithful, good, honest, honorable, incorruptible, just, pious,
religious, right, righteous, true, upright, virtuous, and worthy.

Ethical on the other hand connotes condition in accordance with right principles, as defined by a given
system of ethics or professional conduct.

Definition of Terms

1. Crime- It is defined as an act committed or omitted in violation of law forbidding or commanding it.
2. Dishonesty- It is the concealment or distortion of truth in a manner of a fact relevant to one’s office
or connected with the performance of his duties.
3. Disloyalty to the Government- Consist of abandonment or renunciation of one’s loyalty to the
Government of the Philippines, or advocating the overthrow of the government.
4. Ethical Standard – refers to the set of conducts and behavior governing a group, a class, or
organization.
5. Gift- It refers to the thing or right disposed gratuitously, or any act of liberality in favor of another
who accepts it, and shall include a simulated sale or ostensibly onerous disposition thereof. It shall
not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in
exchange for a favor.
6. Incompetency - It is the manifest lack of adequate ability and fitness for the satisfactory
performance of police duties.
7. Malfeasance - It is the performance of some act which ought not to be done. It is the doing either
through ignorance, inattention or malice, of that which the officer had no legal right to do at all, as
when he acts without any authority whatsoever, or exceeds, ignores, or abuses his powers.
8. Misconduct – This is generally premeditated, obstinate or intentional purpose. It usually refers to
transgression of some established and definite rule of action, where no discretion is left except what
necessity may demand; it does not necessarily mean corruption or criminal intention but implies
wrongful intention and not mere error of judgment.
9. Misfeasance or Irregularities in the Performance of a Duty - It is the improper performance of some
act which might lawfully be done or the performance of a lawful act in an unlawful or culpably
negligent manner (Webster’s).
10. Morals and morality- It refers to what is judged as good conduct. The term moral is also used to
describe someone who has the capacity to make value judgments and discern from wrong.
11. Moonlighting- An act of a member of the PNP pursuing or following any calling or occupation, or the
act of engaging in any business, which includes but not limited to all activities, jobs, work, and
similar functions, performed, engaged in or undertaking by him, in or off duty hours with or without
compensation, which is inconsistent or incompatible with the PNP duties or functions.
12. Nonfeasance or Neglect of Duty- It is the omission of some act, which out to be performed. It is the
omission or refusal without sufficient excuse, to perform an act or duty, which as a peace officer’s
legal obligation to perform.
13. Oppression- Imports an act of cruelty, severity, unlawful execution, or excessive use of authority.
14. Police Customs and Social Decorum - A set of norms and standards practiced by members during
social and other functions.
15. Police Ethics- It is the practical science that treats the principle of human morality and duty as
applied to law enforcement.
16. Professional Conduct – refers to the set behavioral standard governing a particular professions or
professionals.
17. Public official- Includes elective and appointive officials and employees, permanent or temporary,
whether in the career or non-career service, including military and police personnel, whether on not
they receive compensation or not, regardless of amount.
18. Public Officer or Employee- It means any person holding any public office or employment by virtue
of an appointment, election or contract, and any person holding any office or employment, by
appointment or contract in any state-owned or controlled corporation.

Principles of Public Service Ethics

1. Public Service - Public servants should treat their office as a public trust, only by using power and
resources for public interest, and not to attain personal benefit or pursue any other private interest
incompatible with the public good.
2. Objective Judgment - Public servants should employ independent objective judgment in performing
their duties, deciding all matters on the merits, free from avoidable conflicts of interest and both
real and apparent improper influences.
3. Accountability- Public servants should assure that the government is conducted openly, efficiently,
equitable and honorably in a manner that permits the citizenry to make judgment and hold
government officials accountable.
4. Democratic Leadership- Public servants should honor and respect the principles and spirit of
representative democracy and set a positive example of good citizenship by scrupulously observing
the letter and spirit of laws and rules.
5. Respectability- Public servants should safeguard public confidence and the integrity of government
by being honest, fair, caring and respectful and by avoiding conduct creating the appearance of
impropriety or which is otherwise unbefitting a public official.

Related Laws

Republic Act 6713 - An act establishing a Code of Conduct and Ethical Standards for Public Officials and
Employees.

1. Republic Act 3019 as amended- Anti Graft and Corrupt Practices Act
2. Republic Act 7080 - An Act Defining and Penalizing the Crime of Plunder
3. Presidential Decree No. 46 - Making it punishable for public officials and employees to receive, and
for private persons to give gifts on any occasions, including Christmas.

Ethics in the Philippine National Police

In the Philippine National Police (PNP), professional conduct and ethical standards and a high degree of
honesty are more essential for all its officers and members than for any member of the society. Primary
reason is the nature of the PNP’s job which is the enforcement of laws, rules, regulations, ordinances
and other statutes in the land. It is then expected that all officers and members shall conduct
themselves worthy of their calling. To add, any person clothed with the authority to enforce the law is
susceptible to bribery and other acts of corruption. Once a police officer violates the same law he is
supposed to enforce will cause disgrace to his own organization.

Canons of Police Ethics

1. Primordial Police Responsibility


2. Limitation of Police Authority
3. Knowledge of the Law and other Responsibility
4. Use of proper Means to Obtain Proper Ends
5. Cooperation with Public Officials
6. Proper Conduct and Behavior
7. Conduct towards the Community
8. Conduct in Arresting Law Violator
9. Firmness in Refusing Gifts or Favors
10. Impartial Presentation of Evidence

Professional Police Principles

1. Prevention of Crime and Disorder - basic mission for which the police exist is to prevent crime and
disorder as an alternative to the repression of crime and disorder by police force and severity of
legal punishment.
2. Cooperation of the Community - The police must secure the willing cooperation and the voluntary
observance of the law to be able to secure and maintain the respect and support of the community.
3. Unreasonable Force Reduce Community Cooperation - A police officer will never employ
unnecessary force or violence and will use only such force in the discharge of duty as in reasonable
in all circumstances.
4. Use of Reasonable Force When Persuasion Is Not Sufficient - The police should use reasonable
force to the extent necessary to secure observance of the law or to restore order only when the
exercise of persuasion, advice and warning is found to be insufficient to attain police objectives.
5. Impartial Enforcement of Laws - The police seek and preserve community favor, not by catering to
community opinion, but constantly demonstrating absolutely impartial enforcement of laws,
without regard to the justice and injustice of the substance of particular laws.
6. The Community Are The Police - The police at all times should maintain relationship with the
community that gives really to the historic tradition that the police are the community and the
community is the police.
7. Police Should Not Usurp Judicial Powers - The police should always direct their actions strictly
toward their functions and never appear to usurp the powers of judiciary by averaging individuals of
the state of authoritative judging guilt of punishing the guilt.
8. Reduction of Crime and Disorder - The test of police efficiency is the reduction of crime and
disorder until totally eradicated, not by evidence of police present and action in dealing with the
community.
9. Rule of Enforcement Impartially Observed - Policemen engaged in anti-crime operation always
consider the safety and security of who might be caught in the crossfire or arm encounters.
10. Police Discretion - A police officer will use responsibly the discretion vested in the position and
exercise if within the law. The principle of reasonableness will guide the officer’s determinations
and the officer will consider all surrounding circumstances whether any legal action shall be taken.

REPUBLIC ACT NO. 6506 – AN ACT CREATING THE BOARD OF EXAMINERS FOR CRIMINOLOGISTS IN
THE PHILIPPINES AND FOR OTHER PURPOSES

Qualifications for Examination – Any person applying for examination and for a certificate, shall, prior to
admission to examination, establish to the satisfaction of the Board that:

a. He is at least eighteen years of age and a citizen of the Philippines;


b. He must be a person of good moral character, as certified to by at least three persons of good
standing in the community wherein he resides;
c. He must not have been convicted of a crime involving moral turpitude; and
d. He has graduated in Criminology from a school, college or institute recognized by the
Government after completing a four-year resident collegiate course leading to the degree of
Bachelor of Science Criminology (BS Criminology): provided, that holders of Bachelor of Laws
degree may, within five years after the approval of this Act, take this examination after
completing at least ninety – four (94) units Criminology, Law Enforcement, Police Science and
Penology subjects.

Criminologist is any person who is a graduate of the Degree of Criminology if he holds himself out to the
public in any of the following capacities:

1. As a professor, instructor or teacher in Criminology in any university, college or school duly


recognized by the government and teaches any of the following subjects: (a) Law Enforcement, (b)
Criminalistics, (c) Correctional Administration, (d) Criminal Sociology and allied subjects, and (e)
other technical and specialized subjects in the Criminology curriculum provided by the Department
of Education.
2. As law enforcement administrator, executive adviser, consultant or agent in any government or
private agency.
3. As technician in dactyloscopy, ballistics, questioned documents, police photography, lie detection,
forensic chemistry and other scientific aspects of crime detection.
4. As correctional administrator, executive supervisor, worker or office in any correctional and penal
institution.
5. As counselor, expert, adviser, researcher in any government or private agency on any aspects of
criminal research or project involving the causes of crime, juvenile delinquency, treatment of
offenders, police operations, law enforcement administration, scientific criminal investigation or
public welfare administration

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