Lesson Proper for Week 7

JUVENILE DELINQUENCY
Juvenile Delinquency

Juvenile

• refers to a person of tender year;

• is a minor, a youth or those who are not emancipated by law;

• are those who are below the age of majority;

• refers to a person below 18 years of age or those but are unable to fully take care of
themselves from abuse, neglect, cruelty, exploitation or discrimination because of
physical or mental disability or conditions.

R.A. 6809 – an act lowering the age of majority from 21 to 18 and amending for such purpose E.O.
209.

Juvenile delinquency
 • an act or omission committed by a minor which is not in conformity with the norms of
society.

• any act, behavior or conduct which might be brought to court and judged whether such,
is a violation of a law.

• an act committed by a minor that violates the penal code of the government with
authority over the place in which the act occurred. Chronic juvenile offenders are youths
who have been arrested four or more times during their minority and perpetuate a
striking majority of serious criminal acts.

• Types of juvenile offenders

1. Status offenders – a juvenile who commit offenses that if committed by

adults would not considered crime. e.g. truancy, running away from home,
violating curfew

2. Juvenile delinquents – adjudicated by juvenile judges and could be lock

in detention facilities

•
Causes of Juvenile Delinquency

1. Peer Influences - delinquent peers offers the highest predictor for delinquency

1. Family Influence - family has a strong influence on the development of positive

or delinquent behavior due to parental control, discipline, or supervision
 2. Race - to understand the ways in which people of color

3. Self-Esteem - a difficult environment may also have low self-esteem and face
many barriers in life at a very young age.

4. Trauma - abuse and/or violence

a. Individual risk factor- lower intelligence and education is more prone to become involved in
delinquent conduct.

b. Family Risk Factors - lack of proper parental supervision, ongoing parental conflict, neglect and
abuse (emotional, psychological or physical).
c. Mental Health Risk Factors - primarily personality disorders
d. Substance Abuse Risk Factors - majority of cases of juvenile delinquency

e. Identification - identifying potential risk factors that spur a juvenile

Home and Family Conditions

Twelve ways to raise a Juvenile Delinquent from home

1. Begin with infancy to give the child everything he wants.

2. Quarrel frequently in the presence of your children.

3. When he picks up bad words, laugh at him.
4. Give the child all the spending money he wants. Never let him earn his own.
5. Never give him any spiritual training.
6. Satisfy his every craving for food, drink, and comfort.

7. Avoid the use of "wrong". He may develop a guilt complex.

8. Let him read any printed material, and listen to any music he can get his hands on.
9. Pick up everything he leaves lying around.
10. When he gets into real trouble, apologize to yourself by saying,
11. Take his part against neighbors, teachers, and policemen.

12. Prepare for a life of grief. You will likely have it.

The Family

• priority on the needs and well-being of the family

• social efforts to preserve the integrity of the family,

• governments should establish policies

• alternative placements, including foster care and adoption, should be considered.

• special attention to children affected by problems

• opportunity to learn about parental roles and obligation

• discourage the separation of children from their parents,

 • emphasize the socialization function of the family

• child to proper socialization

Companionship and Juvenile Gangs

Companionship

The solution to the problem of juvenile delinquency is multidimensional. Many different things
contribute to juvenile delinquency, as in the Nature versus Nurture. Thus, it would naturally follow
that there would be many aspects to the cures of this social deviance. The four areas are the unique
aspects, responsibilities and functions of medicine, the family, the church and the government.

Gangs: Its characteristics

1. organized groups of people

2. gang has a name, a leader and a certain developed signs

3. often claim territory over an area with fighting

4. primary age member is 14-20

5. vary tremendously in composition and activities

Signs of gang activity include

• Arise in truancy

• An increasing number of social groups with unusual names

• Young people wearing tattoos, beads, and colors

• Graffiti — especially if crossed out

• A rising incidence of confrontations, "stare-downs" and racial tensions

 • "Show-by" displays of weapons and "drive-by" shootings

There are many different types of gangs

1. Delinquent Youth Gangs - who "hang out" together

2. Traditional Turf-Based Gangs - rivalries are key identifying characteristics of these

groups

3. Gain-Oriented Gangs - who repeatedly engage in criminal activities for economic gain

4. Violent/Hate Gangs - material gain appear to be of secondary importance; may

include serious assaults and homicide

Mass Communications and Juvenile Delinquency

Mass Media

1. encouraged to ensure that young persons have access to information

2. to portray the positive contribution

3. to disseminate information on the existence of services, facilities and opportunities

4. minimize the level of pornography, drugs and violence portrayed and to display
violence and exploitation

5. be aware of its extensive social role and responsibility

Mass Communication

• Crime and horror comics and the well-adjusted and normal law abiding child would lead
to delinquency

• Crime and horror comics may appeal to and thus give support and sanction to already
existing anti-social tendencies

• Techniques of crime are taught

• Criminal careers are glamorized

• Defenders of the law and order are frequently represented as all powerful being

• Excessive reading is considered symptomatic of emotional pathology

• Need for more specific research on the reading habits of children

Community Programs for Juvenile Delinquency

Types of rehabilitative programs for juvenile offenders

 1. Regimented Juvenile Training Program or Juvenile Boot Camp - controlled
environment that environment affirms respect for the self and others and promotes
the value of education and work.

2. Juvenile Intensive Supervision Program (JISP) - a juvenile presents a high risk of

future placement within the juvenile correctional system.

3. Juvenile Community Review Board - provides for the care, education, training,
treatment, and rehabilitation of juveniles

4. Parental Responsibility Training Program - helps develop parental skills in

providing for the child's learning and development

5. Intensive Family Preservation Program - focuses on family strength, child-raising

practices, crisis intervention, enhancing parental skills, and stress reduction.

Early Stages of Delinquency Prevention

1. home-based programs - need for supportive and loving home and parents
care 2. parenting skills program - to improve
parent-child home

3. daycare programs – available to children of working parents

4. pre-school programs – to prepare children, 3-5 years, for school

5. primary school programs – to adopt a greater security orientation

Approaches in Delinquency Prevention

1. mentoring programs – involve volunteers spending time with young people at risk
of delinquency

2. school-based program –safety of students in college and high school because of

larger number of violent incidents

3. after-school program – include child care centers, dance group, basketball leagues
to order not to engage in anti-social behavior

4. job-training programs – helping young people overcome immediate problems, earn

money and have leisure activities

5. community-based programs – to analyze delinquency problem, resources in the

community, develop delinquency projects and identify successful
programs.

Strategies of Delinquency Prevention

1. general deterrence – the more severe, certain and swift the punishment, the greater
the deterrence; focuses on potential offenders

2. specific deterrence - if punished severely, the experience will convince them not to
repeat their illegal acts; focuses on convicted offenders
 3. situational deterrence – aim to reduce the opportunities for people to commit crime

Classifying delinquency prevention

1. public health approach – preventing diseases and injuries

2. developmental perspective – to prevent the development of criminal potential in

individuals

Three levels of delinquency prevention

1. primary prevention – directed at modifying and changing crime-causing conditions

2. secondary – seeks early identification and intervention into the lives of individuals or
groups

3. tertiary – preventing recidivism

Effective delinquency prevention

1. education model – assist families and children by providing them information

2. recreational activities – children feel unsupervised after-school and to connect

them with adults in the community

3. community involvement – children have the opportunity to interact in a safe

social environment

4. prenatal and infancy home visitation – nurses visits low income and single
mothers and focus on the health of the mother and the child and their
enrolment in public health services

5. parent-child interaction – to teach parenting skills and with children in

interactive situations

6. bullying prevention – an anonymous student questionnaires fills teachers and

administrators as who is bullying, victim and where and for subsequent
counseling

7. intervention assistance – may receive drug rehabilitation assistance, counseling

and educational opportunities

8. youth institution – a juvenile detention facility

9. ending repeat offenses – court to implement social services for juvenile

delinquents and their family to readjusting to free life

10. functional family therapy – to see how therapist can motivate change in their
home

Ineffective delinquency prevention

1. scare tactics - threat of confinement was not deterring
2. juvenile institutions – the preventive measure was low
3. scared straight – brought parole or probation
Lesson Proper for Week 8

CRIMINAL LAW

Criminal law is the branch of public law which defines crimes, treats of their nature and provides
for their punishment. They have also the sources of criminal law. First is the act three eight one five
or known as the revised Penal Code. The special penal laws passed by the Congress or the
Presidential Decrees issued by President Marcos. it was approved on December 8 1930 and took
effect on January 1,1932.

Criminal Law

• is the branch of public (municipal) substantive law which defines crimes, treats of their
nature and provides for their punishment.

Characteristics of the Criminal Law

1. Generality – the law is applicable to all persons within the territory irrespective of sex, race,
nationality or civil status except:

1. Head of state

2. Foreign diplomats, ambassadors, who are duly accredited to our country

• No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a law that makes
criminal an act done before the passage of the law and which was innocent when done,
and punishes such an act; it may also be defined as a law which aggravates a crime, or
makes it greater than it was, when committed.

• No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts

punishment without trial.

• No person shall be deprived of life, liberty or property without due process of

law- The law must be fair and reasonable and the accused must be given the
opportunity to be heard and be accorded the rights to which he is entitled.

• Excessive fines shall not be imposed nor cruel or unusual punishment.

ACT NO. 3815- AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS, This law shall be
known as “The Revised Penal Code.”

BOOK ONE

General Provisions Regarding the Date of Enforcement and Application of the Provisions of this
Code, and Regarding the Offenses, the Persons Liable and the Penalties

PRELIMINARY TITLE

Date of Effectiveness and Application of the Provisions of This Code

ARTICLE 1. Time When Act Takes Effect. — This Code shall take effect on the first day of January,
nineteen hundred and thirty-two.

ARTICLE 2. Application of Its Provisions. — Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship;

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the preceding number;

4. While being public officers or employees, should commit an offense in the exercise of their
functions; or

5. Should commit any of the crimes against national security and the law of nations, defined in Title
One of Book Two of this Code.

TITLE ONE

Felonies and Circumstances Which Affect Criminal Liability

CHAPTER ONE

Felonies

ARTICLE 3. Definition. — Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent; and there is fault when the
wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

ARTICLE 4. Criminal Liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from that
which he intended.
2. By any person performing an act which would be an offense against persons or property, were it
not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means.

ARTICLE 5. Duty of the Court in Connection with Acts Which Should Be Repressed but which is
Not Covered by the Law, and in Cases of Excessive Penalties. — Whenever a court has
knowledge of any act which it may deem proper to repress and which is not punishable by law, it
shall render the proper decision, and shall report to the Chief Executive, through the Department of
Justice, the reasons which induce the court to believe that said act should be made the subject of
penal legislation.

In the same way the court shall submit to the Chief Executive, through the Department of Justice,
such statement as may be deemed proper, without suspending the execution of the sentence, when
a strict enforcement of the provisions of this Code would result in the imposition of a clearly
excessive penalty, taking into consideration the degree of malice and the injury caused by the
offense.

ARTICLE 6. Consummated,, Frustrated, and Attempted Felonies. — Consummated felonies, as

well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony by reason of
some cause or accident other than his own spontaneous desistance.

ARTICLE 7. When Light Felonies are Punishable. — Light felonies are punishable only when they
have been consummated, with the exception of those committed against person or property.

ARTICLE 8. Conspiracy and Proposal to Commit Felony. — Conspiracy and proposal to commit
felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of
a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to
some other person or persons.

ARTICLE 9. Grave Felonies, Less Grave Felonies and Light Felonies. — Grave felonies are those to
which the law attaches the capital punishment or penalties which in any of their periods are
afflictive, in accordance with article 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their maximum
period are correctional, in accordance with the abovementioned article.

Light felonies are those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or both, is provided.
ARTICLE 10. Offenses Not Subject to the Provisions of this Code. — Offenses which are or in the
future may be punishable under special laws are not subject to the provisions of this Code. This
Code shall be supplementary to such laws, unless the latter should specially provide the contrary.

CHAPTER TWO

Justifying Circumstances and Circumstances which Exempt from Criminal Liability

ARTICLE 11. Justifying Circumstances. — The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following circumstances
concur:

First. Unlawful aggression;

Second. Reasonable necessity of the means employed to prevent or repel it;

Third. Lack of sufficient provocation on the part of the person defending himself.

2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees,
and those by consanguinity within the fourth civil degree, provided that the first and second
requisites prescribed in the next preceding circumstance are present, and the further requisite, in
case the provocation was given by the person attacked, that the one making defense had no part
therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and
second requisites mentioned in the first circumstance of this article are present and that the person
defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another,
provided that the following requisites are present:

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

ARTICLE 12. Circumstances Which Exempt from Criminal Liability. — The following are exempt
from criminal liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave without first obtaining the
permission of the same court.

2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded against in accordance with the provisions of article 80 of this
Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his
family who shall be charged with his surveillance and education; otherwise, he shall be committed to
the care of some institution or person mentioned in said article 80.

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.

5. Any person who acts under the compulsion of an irresistible force.

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

7. Any person who fails to perform an act required by law, when prevented by some lawful or
insuperable cause.

CHAPTER THREE

Circumstances Which Mitigate Criminal Liability

ARTICLE 13. Mitigating Circumstances. — The following are mitigating circumstances:

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or
to exempt from criminal liability in the respective cases are not attendant.

2. That the offender is under eighteen years of age or over seventy years. In the case of the minor,
he shall be proceeded against in accordance with the provisions of article 80.

3. That the offender had no intention to commit so grave a wrong as that committed.

4. That sufficient provocation or threat on the part of the offended party immediately preceded the
act.

5. That the act was committed in the immediate vindication of a grave offense to the one committing
the felony (delito), his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or
sisters, or relatives by affinity within the same degrees.

6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence
for the prosecution.

8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus
restricts his means of action, defense, or communication with his fellow beings.

9. Such illness of the offender as would diminish the exercise of the will-power of the offender
without however depriving him of consciousness of his acts.
10. And, finally, any other circumstance of a similar nature and analogous to those above
mentioned.

CHAPTER FOUR

Circumstances Which Aggravate Criminal Liability

ARTICLE 14. Aggravating Circumstances. — The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt of or with insult to the public authorities.

3. That the act be committed with insult or in disregard of the respect due to the offended party on
account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the
latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive, or in his presence, or where
public authorities are engaged in the discharge of their duties, or in a place dedicated to religious
worship.

6. That the crime be committed in the nighttime, or in an uninhabited place, or by a band, whenever
such circumstances may facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted together in the commission of an
offense it shall be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic
or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by
final judgment of another crime embraced in the same title of this Code.

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

11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice
involving great waste and ruin.

13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the defense.

16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing
means, methods, or forms in the execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the offended party might make.

17. That means be employed or circumstances brought about which add ignominy to the natural
effects of the act.

18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance is effected by a way not intended for the purpose.

19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.

20. That the crime be committed with the aid of persons under fifteen years of age or by means of
motor vehicles, airships, or other similar means.

21. That the wrong done in the commission of the crime be deliberately augmented by causing
other wrong not necessary for its commission.

CHAPTER FIVE

Alternative Circumstances

ARTICLE 15. Their Concept. — Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of the crime and the
other conditions attending its commission. They are the relationship, intoxication and the degree of
instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended
party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstance when
the offender has committed a felony in a state of intoxication, if the same is not habitual or
subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional it
shall be considered as an aggravating circumstance.

TITLE TWO

Persons Criminally Liable for Felonies

ARTICLE 16. Who is Criminally Liable? — The following are criminally liable for grave and less grave
felonies:

1. Principals

2. Accomplices

3. Accessories

The following are criminally liable for light felonies:

1. Principals

2. Accomplices

ARTICLE 17. Principals. — The following are considered principals:

1. Those who take a direct part in the execution of the act;

2. Those who directly force or induce others to commit it; and,

3. Those that cooperate in the commission of the offense by another act without which it would not
have been accomplished.

ARTICLE 18. Accomplices. — Accomplices are those persons who, not being included in ARTICLE 17,
cooperate in the execution of the offense by previous or simultaneous acts.

ARTICLE 19. Accessories. — Accessories are those who, having knowledge of the commission of the
crime, and without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:

1. By profiting themselves or assisting the offender to profit by the effects of the crime.

2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order
to prevent its discovery.

3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.

ARTICLE 20. Accessories who are Exempt from Criminal Liability. — The penalties prescribed for
accessories shall not be imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception of accessories falling within the
provisions of paragraph 1 of the next preceding article.

TITLE THREE

Penalties

CHAPTER ONE

Penalties in General

ARTICLE 21. Penalties that May Be Imposed. — No felony shall be punishable by any penalty not
prescribed by law prior to its commission.

ARTICLE 22. Retroactive Effect of Penal Laws. — Penal laws shall have a retroactive effect in so far
as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in
rule 5 of article 62 of this Code, although at the time of the publication of such laws a final sentence
has been pronounced and the convict is serving the same.

ARTICLE 23. Effect of Pardon by the Offended Party. — A pardon by the offended party does not
extinguish criminal action except as provided in ARTICLE 344 of this Code; but civil liability with
regard to the interest of the injured party is extinguished by his express waiver.

ARTICLE 24. Measures of Prevention or Safety which are Not Considered Penalties. — The
following shall not be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in article 80 and for the
purposes specified therein.

3. Suspension from the employment or public office during the trial or in order to institute
proceedings.

4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary
powers, superior officials may impose upon their subordinates.

5. Deprivation of rights and the reparations which the civil laws may establish in penal form.

CHAPTER TWO

Classification of Penalties

ARTICLE 25. Penalties Which May Be Imposed. — The penalties which may be imposed, according
to this Code, and their different classes, are those included in the following:

Principal Penalties

Capital punishment: Correctional penalties Light penalties

Death Prisión correccional Arresto menor
Afflictive penalties Arresto mayor Public censure
Reclusión perpetua Suspensión
Reclusión temporal Destierro
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prisión mayor
Lesson Proper for Week 9

CRIMINAL INVESTIGATION AND CRIMINALISTICS

CRIME DETECTION AND INVESTIGATION

Investigation

The term investigation comes from the Latin word "vestigare" which means: to track or trace or
probe, to observe or study closely, to inquire into something systematically, or to search for truthful
information.

Investigation also refers to the collection of facts to accomplish a threefold aim which are - to
identify the guilty party; to locate the guilty party; and to provide evidence of his guilt.

Criminal Investigation Defined

Criminal investigation seeks all facts associated with a crime to determine the truth: what happened
and who is responsible of a criminal incident (Benette). It is made logical, objective, and legal inquiry
involving a possible criminal activity. The result of the inquiry, if successful, will answer the following:

a. What offense has been committed?

b. Where was the offense committed?

C. Who committed the offense?

d. When was the offense committed?

e. Why was the offense committed?

f. How was the offense committed?

Criminal investigation may also be understood as the collection and analysis of facts about persons,
things and places, subject of a crime to identify the guilty party, locate the whereabouts of the guilty
party, and provide admissible evidences to establish the guilt of parties involved in a crime (Agas
and Cael).

Criminal investigation is a lawful search for people and things useful in reconstructing the
circumstances of a crime and the mental state accompanying it (Weston and Wells)

It is also a branch of jurisprudence (science of law that applies the theories, principles, and time-
tested practices of philosophical analysis, arts and sciences in judicial and extra judicial proceedings
(legal definition)

Criminal Investigation as an Art and a Science

It is an art because it is not governed by rigid rules or fixed legal procedures but most often based
on intuition (logic and tested knowledge, immediate learning/ consciousness) and sometimes by
chance. (Solis)
It is a science in the sense that it applies technical knowledge of forensic sciences in identifying,
locating, collecting, processing or evaluating physical evidences (Solis)

Goals of Criminal Investigation are to:

1. To determine whether a crime has been committed.

2. To legally obtain information or evidences to identify persons involved.

3. To arrest suspects.

4. To recover stolen properties.

5. To present the best possible case to the prosecutor.

Importance of Criminal Investigation

1. It is a part of understanding the problem on crimes and criminals and provide for the

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.

3. It is an aid in enforcing the laws and the protection of lives and properties.

Methods of Recording Investigative Data

1. Photographs

2. Sketching crime scenes

3. Written notes (what you have seen or observed)

4. Developing and lifting fingerprints found at the crime scene

5. Gathering physical evidence

6. Plaster cast

7. Tape recording of sounds

8. Video tape recording of objects; and

9. Written statements about subjects and witnesses

Golden Rule of Criminal Investigation

The criminal investigator must have to bear in mind the golden rule in investigation stated as: "Thou
shall not touch, move nor alter anything at the crime scene unless it is properly photographed,
measured and sketched or otherwise preserved as not to destroy or contaminate the important
criminal things"

CRIMINALISTICs
Criminalistics is the study of physical evidence through a laboratory work, and criminology is the
study of the causes of crimes and/or criminal people.

Dr. Hans Gross = He is an Australian magistrate to described Search for Truth as the ultimate goal
of all investigative and detective works. He is known as the Father of Modern Criminalistics.

Division of Criminalistics

There are two main divisions of criminalistics. One is scientific and the other is technological. The
following are:

1. Scientific Divisions:

a. Chemistry

b. Physics, and

C. Biology

2. Technological Divisions:

a. Fingerprinting (Forensic Dactyloscopy)

b. Forensic Photography

C. Questioned Document Examination

d. Polygraphy (Lie Detection)

e. Forensic Medicine, and

f. Forensic Ballistics

Personal Identification

Definition

Dactyloscopy – (derived from the Latin words Dactyl = finger and Skopien – to study or examine) is
the practical application of the science of fingerprints.

Dactylography – is the scientific study of fingerprint as a means of identification.

Dactylomancy – is the scientific study of fingerprint for purposes of personality interpretation.

Dermatoglyphics = is the science which deals with the study of skin pattern. It is derived from two
Greek words, Derma which means Skin and Glype which means Carve.

Basic Principles of Fingerprint

1. Individuality

No two persons have the same fingerprint (based on Statistic Probability)

2. Infallibility

Fingerprint is a positive and reliable means of identification. It cannot be easily be forged.

3. Constancy or permanency

The friction ridge, once fully developed, its arrangement will remain the same throughout man’s life.

Fingerprints

It is an impression design by the first joint of the fingers and thumb on smooth surface through the
media of ink, sweat or any substance capable of producing visibility.

POLICE PHOTOGRAPHY

DEFINITION OF TERMS:

1. Photography = Derived from the Greek word “Phos” or “Photos” which means “light”
and “Grapho” means “Writing” or “Graphia” meaning “to Draw”. Sir John F. W. Herschel
coined the word photography when he first wrote a letter to Henry Fox Talbot.

= It is the art and science of reproducing image by means of light through some sensitized material
with the aid of a camera, Lens and its accessories and the chemical process required in order to
produce a photograph.

2. Forensic = Derived from the Latin word “Forum” which means “a market place” where
people gathered for public discussion.
= When used in conjunction with other science it connotes a relationship to the administration of
justice. It is sometimes used interchangeably with the word legal.

3. Police Photography = It is the application of the principles of photography is relation

to the police work and in the administration of justice.

4. Photograph = It is the mechanical and chemical result of Photography. Picture and

photograph are not the same for a picture is a generic term is refers to all kinds of
formed image while a photograph is an image that can only be a product of
photography.

USES OF PHOTOGRAPHY

1. Personal Identification

= Personal Identification is considered to be the first application of photography is police work.

Alphonse Bertillion was the first police who utilized photography in police work as a supplementary
identification in his Anthropometry system.

2. For Communication

= Photograph is considered to be one of the most universal methods of communication considering

that no other language can be known universally than photograph.

3. For Record Purposes

= Considered to be the utmost used of photography in police work.

FORENSIC BALLISTICS

Ballistics is the science of the motion of the projectile and the condition that affects their motion. It
is a science in itself for it is an orderly arranged knowledge, which is a product of series of
experimentation, observation and testing. Ballistics is not an exact science rather it is applied
physics or applied science, which is subject to changes and improvement depending upon the
demands of the modern civilization. Motion refers to the mobility or movement of the projectile
from the time it leaves the shell empty, it leaves the gun muzzle and until it reaches its target or fall
in the ground. A projectile is any metallic on non-metallic ball which is propelled from a firearm. Its
motion can be categories into three general types: Direct motion, Rotatory motion and Translation
motion.

3 Types of Motion
1. Direct Motion = is the forward motion of the bullet or shots out of the shell by the action of the
expansive force of gases from a burning gunpowder.

2. Rotatory motion = is the action of the bullet passing through a rifled bore barrel firearm which is
either twisted to the left or to the right.

3. Translational = is the action of bullet once it hits a target and subsequently ricocheted.

Origin of the Word Ballistics

The word Ballistics was derived from two Greek words. The word “ballo” and the word “ballein”
which literally mean, “to throw”.

The term also said to have been derived from the Roman war machine called “Ballista”, a gigantic
catapult that was used to furl missiles or large object at a distance like stone, dead animal or even
dead person.

The study of Ballistics in the early age is divided into (3) three Divisions: Internal Ballistics, Exterior or
External Ballistics and Terminal Ballistics. From the time the gun was fired until it reaches the target
and has its maximum effect. At present ballistics is branches into four (4) and this is due to its
subsequent used in solving problems in connection with the administration of justice particularly
cases involving firearms and ammunition which is termed as Forensic Ballistics.

Branches of Ballistics

1. Interior (Internal) Ballistics = it treats of the motion of the projectile while it is still inside the
firearm (chamber /barrel) which extends from the breech to the muzzle. The conditions attributed to
internal ballistics.

2. Exterior (external) Ballistics = treats of the attributes or movement of the projectile after leaving
the gun muzzle.

3. Terminal Ballistics= is that branch of Ballistics which deals with the effects of the impact of the
projectile on the target.

4. Forensic Ballistics

This branch of ballistics is the product of the application of the ballistics to law. The idea comes with
the used of the word forensic. The word Forensic was derived from the Latin word “forum” meaning
a “market place” where people gathered for public disputation or public discussion. When used in
connection with the word ballistics or other natural science, it suggests a relationship to the courts
of justice or legal proceedings.

Forensic Ballistics is defined as the study of the motion of the projectile as applied to law or simply
the science of firearm identification by means of the ammunition fired through them.

QUESTIONED DOCUMENT
Document

Any material that contains a mark symbol or sign, either visible, partially visible or invisible that may
presently or ultimately convey a meaning or a message to someone.

It is any written statement by which a right is established or an obligation extinguished. (People vs.
Moreno, C.A., 38 O.G. 119)

Two Categories of Document

1. Questioned Document – Document to which an issue has been raised or which is

under scrutiny. The focal point of the examination and to which the document
examiner relies as to the extent of the problem. (also referred to as disputed
document).

2. Standard Document – Document in which the origin is known can be proven and can
legally be used as sample to compare with other things is questioned.

Types of Standards

1. Collected/Procured Std. – Standard specimen executed in the regular course of

man’s activity or that which are executed on the day to day writing activity.

2. Requested/Dictated (Post litel motam std.) – a Standard document which are

executed upon request, they are prepare at one time.

Contemporary document = documents which are not more than five (5) years before or after.

Legal Classification of Documents:

1. Public Document = a document created, executed or issued by a public official in

response to the exigencies of the public service, or in the execution of which a public
official intervened.

= is any instrument authorized by a notary public or a competent public official, with the solemnities
required by law ( Cacnio , et.al. vs. Baens, 5 Phil. 724).

2. Official Document = a document which is issued by a public official in the exercise of

the functions of his office. An official document is also a public document as a larger
classification.
 3. Private Document = A deed or instrument executed by a private person without the
intervention of a notary public or other person legally authorized, by which
documents, some disposition or agreement is proved, evidenced or set forth. (US Vs.
Orera, 11 Phil 596) e.g. Theater Ticket.

4. Commercial Document = any document defined and regulated by the Code of

Commerce ( People Vs. Co Beng, C.A. 40 OG 1913) or any other commercial law.

LIE DETECTION AND INTERROGATION

Polygraphy – It is scientific methods of detecting deception done with the aid of a polygraph
machine.

Polygraph = (derived from the Greek words Poly) = many or several and Graph = (writing chart) It is
a scientific instrument capable of recording simultaneously changes in blood pressure, pulse rate,
respiration and skin resistance as indicative of emotional disturbance especially of a lying subject
when being questioned.

Thomas Jefferson (first man to use the word “polygraph”)

Polygraph machine is a sensitive machine which is likened or compared to an X-ray, which requires
proper interpretation for validation and its accuracy is said to be directly proportional to the
knowledge, skills, education, desire, competency and integrity of the operator. Hence, the attitude
of “let’s put them on the lie box” should be firmly discouraged. There are three fundamental bases
on the polygraph test and they are:

1. Mechanical Leg basic Premise = polygraph is capable of making graphic record containing
reliable information regarding physiological responses of the subject.

2. Physiological Leg basic Premise = that among the physiological responses that may be recorded
are those that automatically occur only following the stimulation of specific nervous component
system.

3. Psychological Leg Basic Premise = states that specific ervous system component whose
stimulation can thus be diagnosed are so stimulated by the involuntary and emotional processes of
the individual who is continuously attempting concealment of deception especially if that individual
has something at stake and the prevailing circumstances lead him to believe that exposure to
deception is quite possible although undesirable.

FORENSIC MEDICINE

Law- defined as a rule of conduct, just and obligatory, land down by legitimate authority for the

common observance and benefit.

Medicine- A science and art of dealing with prevention, cure and alleviation of disease. It is that part
of science and art of restoring and preserving health.

Legal- Refers to anything conformable to the letters or rules of law as it is administered by the court.

Jurisprudence- A science of giving wise interpretation of the Laws.

Legal Medicine = is that branch of medicine which deals with the application of medical knowledge
to the purposes of law and in the administration of justice.

Forensic Medicine = use of medical science to elucidate legal problems in general without specific
reference or application to a particular case.

= it encompasses a variety of fields in forensic science such as pathology, anthropology, odontology,

toxicology, entomology, and others.

Medical Jurisprudence = a branch of law which concerns with the aspects of law and legal concepts
to medical practice. It includes rights, duties, and liabilities of physician, patient and health
institution.
 •

Lesson Proper for Week 10

VICTIMOLOGY (PART 1)

STUDY OF VICTIMS IN GENERAL

Victimology is a term first coined for a specialty within the field of criminology. In recent times,
times, victimology has come to embrace a wide array of professional disciplines working with
victims.

In its original form, victimology examined characteristics of victims and how they "contributed" to
their victimization. The emergence of the crime victims' rights movement has influenced the field of
victimology and the nature of the research. Current research has been helpful in identifying risk
factors related to victimization, without blaming victims.

It also discusses the contributory role of victims, if any, in crime causation. It includes discussing the
patterns of criminal victimization, and the extent and cost of crime.

Victimology and Victim defined

Victimology, according to the World Society of Victimology, is the scientific study of the extent,
nature and causes of criminal victimization, its consequences for the persons involved and the
reactions thereto by society, in particular the police and the criminal justice system as well as
voluntary workers and professional helpers.

The UN declaration states that victims means persons who, individually or collectively, have suffered
harm, including physical or mental injury, emotional suffering, economic loss or substantial
impairment of their fundamental rights, through acts or omissions that are in violation of criminal
laws, including those proscribing abuses of power

Backgrounder

Robert Reiff once said, the problems of crime always get reduced to "What can be done about
criminals?" Nobody asks, "What can be done about victims" (Schmalleger, 2006). The consequences
of crime vary from one individual to another. Crime can involve financial loss, property damage,
physical injury, and death.

Less obvious but sometimes more devastating are the psychological wounds left in the wake of
victimization, wounds that may never heal. In an attempt to prevent victimization, individuals may
move, restrict their daily activities, or purchase expensive security measures. The government, in
apprehending and punishing offenders, is extending billions of money and man-hours. Yet we have
only started recently to focus our attention on the victims of crime.
Crime victims could be key actors in the criminal justice process, but more often they are kept at the
periphery. Crime victims are the “forgotten person" of the criminal justice system while the criminal
is the superstar. Victims are only valued for their capacity to report crimes and to appear in court as
witnesses.

EARLY WORKS ON VICTIMOLOGY

Victimology, or the study of victimization, is a field of scientific endeavor that took off as a separate
discipline round 1970. Before that, victimology was inter alia, pioneered by the German criminologist
Von Hentig and criminal law scholar Benjamin Mendelsohn.

In 1941 Von Hentig published an article with the title "Remarks on the Interaction between
Perpetrator and Victim". Later he published "The Criminal and his Victim", a criminological textbook
in which he devoted a chapter to the victim (Hentig, 1948). He treated the victim as one of the
participants in a crime. Victims were classified according to the nature of their involvement in the
criminal act. It was thought that a study of the victim's role might result in a better prevention of
crime.

In 1947, Mendelsohn presented a paper in French at a congress in Bucharest in which he coined the
term victimology (Hoffman, 1992). Like Hentig he also drew attention to the part played by victims in
precipitating crimes of violence, for example through provocation. For Mendelsohn, a defense
Counsel, victim precipitation was a mitigating circumstance in meting out punishment for the
offender.

Of great significance to the development of victimology as a field of research in its own right was a
book by Schafer published in 1968, entitled “The by Victim and his Criminal; a study into functional
responsibility". As the title, which paraphrases the title of Von Hentig's classical textbook, indicates,
the victim is at the heart of this monograph. Schafer present victimology as the independent study
of the relationships and interactions between offender and victim before, during and after the
crime. In addition to victim precipitation to the events resulting in the criminal act, the obligation of
the offender to make good by compensating his victim now also sees as part of the subject matter.

Blaming the Victim

The most important political criticism leveled against this type of victimology is that it
provides arguments for blaming the victims for their fate. From a historical perspective, it cannot be
denied that Mendelsohn in his early publications draws the attention to the victim's involvement
with the intention to dissipate the offender and shift part of the blame upon the victim.

In later victimological publications by Mendelsohn and others the involvement of the victim in the
commission of the crime is analyzed to explain the dynamics of criminal behavior without any intent
to inculcate the victim.
Researchers who study the role played by the victim in the dynamics resulting in the crime as well
discriminatory opinions on the punishment of the as in the ensuing legal conflict will typically hold
offender. In some cases, the victim might indeed have to share part of the blame. In other cases, the
victim has an interest in being reconciled with the offender.

GENERAL VICTIMOLOGY

General Victimology was first explicitly described by Mendelsohn. In one of his later post-war
publications (1956), Mendelsohn advocated a general study of what he now called "victimity", with a
view to reducing it by prevention and victim assistance. In later papers he called for the
establishment of victims' clinics. The assistance for victims should be based on a specific personal,
social and cultural rehabilitation theory.

Mendelsohn's interest no longer lay with crime and its prevention, but with the prevention and
alleviation of "victimity" in a wide sense.

The subjects of study should not only include victims of crime and abuse of power but should also
include victims of accidents, natural disasters and other acts of God. He advocated the development
of general victimology as a discipline in its own right, independent of criminology or criminal law,
which would assist governments in minimizing human suffering

In many countries criminal procedural law has been modified as to give crime victims a better deal.
Victimologists became victim advocates. Victimology was transformed from a victimology of the act
into a victimology of action.

Although criminologists, criminal lawyers and social psychologists have and made important
contributions to this practical body of knowledge, most work in this field was and is done by
psychiatrists and clinical psychologists.

A HISTORY OF THE VICTIM

In early times, victims took the law into their own hands. If they were able to apprehend their
victimizers, they enacted their own form of revenge and impose some form of personal retaliation.
The Code of Hammurabi, one of the earliest legal codes, required that many offenders make
restitution. If the offender could not be found, however, the victim's family was duty bound to care
for the needs of the victim. This early period in history has been called the "Golden Age of Victims"
because the victims were not only well cared for but also had considerable say in imposing
punishments upon apprehending offenders.
During the middle ages, the concept of "King's Peace" had emerged, wherein all offenses were seen
violations of imperial law. It became the duty of the government to apprehend, try and punish
offenders, effectively removing the victim from any direct involvement in judicial decision making.
Victims were expected only to provide evidence of the crime and to testify against those who had
offended them. Victims as a class moved to the periphery of the justice process. Justice for the victim
was forgotten, translated instead into the notion of justice for the state. The situation remained
pretty much the same until today. The proof is that the state is being considered the offended party
against the being Criminal offender.

The concept of victim dates back to ancient cultures and civilizations. Its original meaning was
rooted in the exercise of sacrifice the taking of the life of a person or animal to satisfy a deity.

Today, the word victim is used in many different Contexts and is broadly interpreted. It is not
unusual to hear the word "victim" paired with a wide range of human experiences: cancer victims,
holocaust victims, accident victims, and victims of injustice, hurricane victims, crime victims, and
others. Each of these conjures up visual images of suffering, devastation and often-individual
heroism or endurance in the face of powerful destructive forces. (Karmen, 1990).

One commonality has come to apply to virtually all usages of the term victim: That an individual has
suffered injury and harm by forces beyond his or her control, and not of his or her personal
responsibility. The frequent and diverse use of the term "victim" both in conversation and in print
has changed the way people think of the victims today. The current connotations of the word extend
well beyond the historical meaning.
In this context, a victim is –
* Someone who is being placed to death or subjected to torture or suffering by another.
* A living creature slain and offered as sacrifice to a deity or as part of a religious sacrifice.
* Anyone who is harmed by or made to suffer from an act, circumstance, circumstance agency or
condition:

• Victims of war - A person who suffers injury, loss, or death as a result of a voluntary
undertaking: a victim of his own scheming.
• A person who is tricked, swindled, or taken advantage of a dupe. Thus, a victim may be
an innocent, led to slaughter, a dupe, or someone whose suffering is caused by his or
her own scheming or ineptitude. It is no wonder that society has become confused
about how positively or negatively to regard some victims.
• The term "crime victim" has been used to include a person, groups or people, or entities
who have suffered injury or loss due to illegal activity. The harm can be physical,
psychological, or economic. By definition, this includes victims of fraud or financial
schemes, businesses, or even the government. In tax or Medicaid fraud cases, the victim
is the government, and the loss of revenue is ultimately felt by honest citizens who
dutifully fulfill their responsibilities.
• For the purposes of crime victims' rights and services, the legal definition of "victim"
typically includes a person who has suffered direct, or threatened, physical, emotional or
pecuniary harm as a result of the commission of a crime, including
 o In the case of a victim who is under 18 years of age, incompetent,
incapacitated, or. deceased, one of the following (in order of preference): a
spouse; a legal guardian; a parent; a child; a sibling; another family member;
or another person designated by the court; and

o In the case of a victim that is an institutional entity, or an authorized

representative of the entity.

• Some people who have been harmed by crime feel that defining themselves as a "victim"
has negative Connotations, and choose instead to define themselves as a "survivor." This
is a very personal choice that can only be made by the person victimized, and not by any
other individual. The term "survivor" also has multiple meanings in society,

(e.g.) survivor of a crime, "survivor benefits." It remains to be seen whether this terminology for
victims of crime will endure.
 •

Lesson Proper for Week 11

VICTIMOLOGY (PART 2)
Andrew Karmen, who wrote a comprehensive text on victimology entitled Crime Victims: An
Introduction to Victimology in 1990, broadly defined victimology: The scientific study of victimization,
including the relationships between victims and offenders, the interactions between victims and the
criminal justice system -- that is, the police and courts, and corrections officials -- and the
connections between victims and other societal groups and institutions, such as the media,
businesses, and social movements.

Since victimology originated from the study of crime, some would say that victimology is the study of
crime (not victimization) from the perspective of the victim. (Roberson, 1994)

VICTIMOLOGY AS A FIELD

The scientific study of victimology can be traced back to the 1940s and 1950s. Until then, the primary
focus of research and academic analysis in the field of criminology was on criminal perpetrators and
criminal acts, rather than on victims. Two criminologists, Mendelsohn and Hentig began to study the
other half of the offender/victim dyad: the victim. They are now considered the "fathers of the study
of victimology” (Roberson, 1994).

In their efforts to understand crime, these new "victimologists" began to study the behaviors and
vulnerabilities of victims, such as the resistance of rape victims and characteristics of the types of
people who were victims of crime, especially murder victims.

In the course of his legal practice, 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." 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. The most likely type of victim Von Hentig identified is the
"depressive type" who was seen as an easy target, careless and unsuspecting. The greedy type" was
seen as easily duped because his or her motivation for easy gain lowers his or her natural tendency
to be suspicious.

The "wanton type" is particularly vulnerable to stresses that occur at a given period of time in the life
was the "tormentor," the victim of attack from the cycle, such as juvenile victims. Von Hentig's last
type target of his abuse, such as the battered woman. (Roberson, 1994)

Hentig's work provided the foundation for analysis of victim-proneness that is still evident in the
literature today. Wolfgang's research followed this lead and later theorized "many victim-
precipitated homicides were, in fact, caused by the unconscious desire of the victims to commit
suicide."
Viewed from the perspective of criminology, victimology initially devoted much of its energy to the
study of the how victims contribute, knowingly or unknowingly, to their own victimization, and
potential ways they may share responsibility with offenders for specific crimes.

The negative effects of "victim blaming" have been a key tenant of the fight to improve the
treatment of crime victims. Research into ways in which victims "contribute" to their own
victimization was (and viewed by victims and victim continues to be) by advocates as both
unacceptable and destructive.

As crime victim services and rights have expanded throughout the last two decades, practitioners
and public policy-makers have looked to for research to provide a more scientific foundation for
service design and delivery.

General Classes of Victims (Hentig)

1. The Young- the weak by virtue of age 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 who are unable to think clearly.

5. The Immigrant - those who are unsure of the rules of conduct in the surrounding society.

6. The Minorities racial prejudice may by lead to victimization or unequal treatment by the
agency of justice.

Psychological Types of Victims

1. The Depressed - those submissive by virtue of emotional condition.

2. The Acquisitive or Greedy - the value or act of wanting more propels such individuals into
victimization.

3. The Wanton or Overly Sensual - those ruled by passion and thoughtlessly seeking pleasure.

4. The Lonesome - similar to the acquisitive type of victim, by virtue of wanting companionship or
affection.

5. The Heartbroken - those emotionally disturbed by virtue of heartaches and pains.

6. The Tormentor - the type of victim who asked for it, often from his own family or friends.

Types of Victims (Mandelsohn)

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 is just as guilty as the offender and the voluntary victim. Suicide cases are
common to this category.
4. The victim guiltier than the offender – this category was described as containing persons who
provoked the criminal or actively induced their own victimization.

5. The guiltiest victim who is guilty alone" an attacker killed by a would-be victim in the act of
defending themselves were placed into this category.

6. The imaginary victim - those suffering from mental disorders, or those victims due to

extreme mental abnormalities.

DYNAMICS OF VICTIMIZATION

There are a number of procedural models that can be applied to the study of the victimization
process for the purpose of understanding the experience the victims undergo during and following
victimization. Among these models are:

Crime Victim's Model - According to this model, there are three stages involved in any victimization:

1. Stage of impact and disorganization, during and immediately following the criminal event.

2. Stage of recoil during which the victim's formulates psychological defenses and deals with
conflicting emotions of guilt, anger, acceptance, and desire of revenge.

3. Reorganization stage during which the victim puts his or her life back to normal daily living. Some
victims however may not successfully adopt the victimization experience and a maladaptive
reorganization stage may last for many years.

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:

1. Pre-impact Stage - describe the state of the victim prior to being victimized.

2. Impact or the stage at which victimization

3 Post Impact Stage which entails the degree and duration of personal and social

disorganization following victimization.

4. Behavioral Outcome - which describes the victim's adjustment to the victimization

experience.

VICTIMS AND THE CRIMINAL JUSTICE SYSTEM

Victims' Rights

The criminal justice system is charged with processing cases from the point of victimization, through
investigation, arrest, prosecution and sanctions. At each point along this continuum, criminal justice
agencies and professionals have opportunities and obligations to provide victims with assistance,
services and accommodations ease their difficulties in what is already a very trying, tragic time The
criminal justice system can minimize and avoid inflicting "secondary victimization" that has often
characterized much of the plight of victims of crime.

Access to services
This is an extremely important component of any service delivery plan, and depends greatly on the
physical location and accessibility of such services. Court-based advocacy programs should be
establish in all adult and juvenile court facilities. Probation officials must guarantee that the crucial
victim impact information is incorporated into their recommendations to the court relevant to an
offender's sentencing and community supervision plan. Correctional institutions should include
important victim information - such as notification requests and victim impact statements - in
offender files or databases, with security precautions established to protect victim confidentiality.
Paroling authorities protect should encourage and accept victim impact statements, and offer
victims whatever reasonable protections they request if an offender is released to parole
supervision.

Training and Technical Assistance

Victim sensitivity training should be provided to all criminal and juvenile justice professionals, as part
of mandatory orientation educational programs, as well as continuing education. Such training
should include, but not be limited to:

a. The scope of crime and victimization.

b. The trauma of victimization, with an emphasis on responses that are unique to different types of
victims.

c. Victims' rights accorded by constitutional and statutory mandates, as well as by agency policy.

d. The short- and long-term needs of victims (physical, financial and psychological), with a focus on
why appropriate referrals for follow-on assistance are so important.

e. Cultural diversity and sensitivity.

f. The need for multidisciplinary approaches to victim assistance and services for the criminal justice
system - including the use of inter-agency agreements that stipulate the various agencies' roles and
responsibilities - to ensure a "seamless" delivery of services.

g. The role of allied professionals in enhancing criminal justice-based victims' rights and

services.

Components of Victim Services

A comprehensive system of services should be "victim-centered." There are approximately ten (10)
core services to such a system:

1. Orientation to the criminal justice system and process

2. Assistance to victims and witnesses who must testify

3. Crisis intervention

4. Information about individual case status and outcome

5. Assistance with compensation and restitution

6. Facilitating victim participation in the criminal justice system

7. Facilitating property return

8. Information about and referral to community services

9. Education and training about the needs and rights of victims in the criminal justice system

10. Witness coordination and post-disposition services,

ROLES OF THE PILLARS OF JUSTICE

Law Enforcement

As "first responders" to most crimes, police departments serve a critical and primary role in
providing immediate intervention and assistance to victims of crime. Unlike most social service
agencies, police departments are typically open every day of the year, 24-hours-a-day. As such, there
is tremendous responsibility on the part of law enforcement officers and civilian personnel to
provide sensitive and

supportive victim services.

Police-based services provide essential assistance to victims of crime. These include on-site crisis
intervention and securing emergency medical assistance. Additionally, law enforcement programs
may provide information and referrals to services and resources that can aid in a victim's short and
long term reconstruction. Essential services should include but are not limited to:

1. Orientation to the law enforcement and investigatory process.

2. Provision of or referral and accompaniment to crisis intervention and psychological first aid.

3. Accompaniment to emergency medical services in cases involving injury.

4. Contacting a victim service professional to provide on-site assistance and support, upon request
of the victim.

5. Providing information to crime victims about their constitutional and statutory rights, and the
availability of crime victim compensation.

6. Securing the victim's property if personal safety has been compromised as a result of crime.

7. Personally, contacting the victim by telephone or in person 24-to-48 hours following the initial
response to see if assistance has been sought and/or received.

8. Immediate referrals (verbally and in writing) to community agencies that offer emergency services
to victims, as well as information about financial assistance, should be provided to all victims.

Prosecution

When law enforcement has investigated a crime and a suspect has been arrested, the cases are then
referred to prosecutors. At this point, information regarding the investigation and the facts of the
crime is presented by law enforcement to the court with the assistance of prosecutors, and
appropriate charges are levied against the defendant. When appropriate, he or she is "bound over
for trial" on the charges levied.
There is tremendous motivation to utilize the typically limited resources made available to
prosecutors to dispose of each case in the most just, yet efficient manner possible. The motivation
to dispense cases due to the typically overwhelming work load handled by most prosecutors' offices
often comes into direct conflict with the needs and desires of individual victims, who want their
particular perpetrator prosecuted to the full extent of the law. However, victims' expectations are
often not fulfilled, and the case is disposed of early on, most often through the use of a plea
negotiation, usually referred to as plea bargaining.

Court

Judges can provide essential protections to victims. For example, to certain accommodations such as
allowing the victim to testify through close circuit television or granting testify orders requiring
defense counsel to lower themselves to the child's eye level and not raise his or her voice, as well as
other methods of making the courtroom less intimidating to a child, can be ordered. Judges can also
expedite trials so as not to further victimize the crime victim due to additional delays during an
already difficult process. Judges can deny motions by the defenses that are clearly aimed at
offending the victims.

Judges are empowered to sentence convicted criminals for the crimes for which they have been
convicted. It is important that judges include information regarding the impact of the crime on the
victim in their assessment of appropriate sentences. Often this information is provided through the
prosecutor-based victim assistance program, a probation office, or another official source, and is
typically referred to as a victim impact statement. This information is often the only comprehensive
assessment of the injuries caused by the offender available to the judge; it is crucial that this
information be conveyed to the sentencing court.

Corrections

When a convicted offender is sentenced to a term of imprisonment, the correctional institution

assumes responsibility for his or her supervision. The offender's file that contains details from the
crime, court case and sentence, victim impact statement (when applicable), recommendations for
treatment and services during the period of incarceration and personal information, is utilized as a
basis for offender classification. The purpose of classification is to place the offender in the most
appropriate incarceration setting (minimum, medium, maximum, or super maximum facility). The
Correctional institution house the offender for his or her period of incarceration; implement and
monitor work, educational and treatment activities available to inmates; and with coordinate, any
release into the community with paroling authorities.

Community and Professionals

In addition to the core criminal justice system professionals discussed above, various allied
professionals have a significant impact on the criminal justice system response to involving victims.
These include, but are not limited to: Medical personnel, Mental health service providers and Child
protection professionals

RIGHTS OF CRIME VICTIMS

In the Philippines, the Bill of Rights protects persons accused of a commission of a crime. Victims are
not provided with the same safeguards to minimize damage or injury caused by the commission of
crimes. These victims usually suffer physical and psychological trauma. Hence, they should be
treated with respect, compassion and dignity throughout the criminal justice process.

The Philippine Constitution mandate that the State values the dignity of every human person and
guarantees full respect for human rights.

At present, there is no law yet in the Philippines that deals with crime victims, except that of the
Victim Compensation Program offered by the Department of Justice (DOJ). Under the Victim
Compensation Program, payment of claims may be granted to qualified applicants as:

1. A person who was unjustly accused convicted and imprisoned and subsequently released by
virtue of a judgment of acquittal;

2. A person who was unjustly detained and released without being charged;

3. A person who is a victim of arbitrary detention by the authorities as defined in the Revised by
Penal Code under a final judgment of the court;

4. A person who is a victim of a violent crime which includes rape and offenses committed with
malice which resulted in death or serious or physical and/or psychological injuries, permanent
incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelty or
barbarity.