Lesson 10: Victimology: Study of Crime Victim

What is Victimology?
Victimology, is the scientific study of the extent, nature and causes of criminal
victimization, its consequences for the persons involves and the reactions thereto by the society,
in particular the police and the criminal justice system as well as voluntary workers and
professional helpers.
Who are the Victims?
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.
In this context, a victim is-
1. Someone who is being placed to death or subjected to torture or suffering by another.
2. A living creature slain and offered as sacrifice to a deity or as part of a religious
sacrifices.
3. Anyone who is harmed by or made to suffer from an act, circumstance, circumstance
agency or condition: victims of war.
4. A person who suffers injury, loss, or death as a result of a voluntary undertaking: a victim
of his own scheming.
5. A person who tricked, swindled, or taken advantage of a dupe.

The Study of 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 connection between victims and other societal groups
and institutions, such as the media, businesses, and social movements.

Take Note:
Mendelsohn and Von Hentig- the fathers of the study of victimilogy.
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 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 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 in
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 and
friends.

Six Categories/ 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.

VICTIM AND THE CRIMINAL JUSTUCE SYSTEM

Victim’s 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.

ROLES OF EACH PILLAR OF THE CJS

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.
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 the law enforcement to the court with the assistance of
prosecutors, and appropriate charges are levied against the defendant.
Court
Judges can provide essential protections to victims. For example, when cases involve
children, certain accommodations such as allowing the victim to testify through close circuit
television or granting orders requiring defense counsel to lower themselves to the child’s eye
level and not to 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 defense that are clearly aimed at offending the victims.
Corrections
When a convicted offender is sentenced to a term of imprisonment, the correctional
institution assumes responsibility for his or her supervision. The crime offender’s file that
contains details from the crime, court case and sentence, victim impact statement,
recommendation for treatment and personal information, is utilized as a basis for offender
classification.
Community and Professionals
In addition to the core criminal justice system professionals discussed above, various
allied professionals have significant impact in the criminal justice system response to involving
victims. These include 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.
At present, there is no law yet in the Philippines that deals with crime victims, except the
Victim Compensation Program offered by the Department of Justice. The basis for the Victim
Compensation Program is Republic Act No. 7309- the law creating the Board of Claims for
victims of unjust imprisonment or detention and victims of violent crimes.

Lesson 11: Criminology and Penology

Penology is the study of punishment for crime or of criminal offenders. It includes the
study of control and prevention of crime through punishment of criminal offenders. It is a term
derived from the Latin word “poena” which, means pain or suffering. Penologist is the one who
studies the science or art of punishment.

Correction
Correction is a 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 the processes of handling individuals who have been convicted
of offenses for purpose of crime prevention and control. Correction as one of the pillars of
Criminal Justice system is sometime considered as the weakest pillar.

HISTORICAL PERSPECTIVES
Primitive Era
  Retaliation Era (Personal Vengeance) was the earliest remedy for wrong act to anyone.
The concept of personal revenge by the victim’s family or tribe against the family or tribe
of the offender, hence “blood feuds” was accepted in the early primitive societies.

 Fines and Punishment- customs have exerted effort and great force among primitive
societies. The acceptance of vengeance in the form of payment became accepted as
dictated by tribal traditions.

17TH TO LATE 18TH CENTURY

Death Penalty became prevalent as a form of punishment.
GAOLS were common. These are pre-trial detention facilities operated in England.
GALLEYS were also used. These are long, low, narrow, single decked ships propelled
by sails, usually rowed by criminals, a type of ship used for transportation of criminals.
HULKS were commonly used- former warships used to house prisoners. Abandoned
warships were converted into prisons as a means to relieve congestion of prisons. They
were also called “floating hells”.
THE EARLY PRISONS
1. Mamertine Prison- the oldest known prison can be traced to the ancient Rome. Originally
designed as a cistern for water.
2. Bridewell Prison (1557) - the most popular workhouse in London which was built for the
employment and housing of English prisoners.
3. Walnut Street Jail (1776) - was originally constructed as a detention jail in Philadelphia
was converted into a state prison and became the first America Penitentiary.
4. Devil’s Island (1852) - the most notorious prison in the world in terms of harshness of its
regime and position. The island is situated in the Atlantic off the coast of French Guiana.
5. Alcatratz (The Rock) - the prison is located on an island in San Francisco Bay.

BRIEF HISTORICAL ACCOUNT OF CORRECTION IN THE PHILIPPINES

 1847- Old Bilibid Prison on Oroquieta Street in Manila, was established.

 1870- San Ramon Prison and Penal Farm in Zamboanga City was Established.
 1905- Bureau of Prison was created under the Reorganization Act of 1905, which was
destroyed in 1898 during Spanish- American War.
 1907- Iwahig Prison was converted as Penal Colony and became the Iwahig Penal
Colony and Farm by Virtue of Act No. 3579.
 1929- Correctional Institution for Women,
  1932- New Bilibid Prison was established in Muntinlupa, Rizal.
 1954- Sablayan Penal Colony located in Occidental Mindoro.
 1972- Leyte Regional Prison, situated inn Abuyog, Southern Leyte.
 2007- Correctional Institution for Women Mindanao.

PUNISHMENT AND THE CRIMINAL

Punishment is the redress that the state take against an offending member of society
involves pain and suffering. It is also the penalty imposed on an offender for a crime or
wrongdoing.
ANCIENT FORMS OF PUNISHMENT

1. Death Penalty- affected by burning, beheading, hanging, breaking at the wheels, pillory
and other forms of medieval executions.
2. Physical Torture- affected by maiming, mutilation, whipping and other inhumane or
barbaric forms of inflicting pain.
3. Social Degradation- putting the offender in shame or humiliation.
4. Banishment or Exile- the sending or putting away an offender which was carried out
either by prohibition against coming in specified territory such as an island to where the
offender has been removed.
5. Other similar forms of punishment like transportation and slavery.

EARLY FORMS OF PRISON DISCIPLINE

1. Hard labor - productive works.

2. Deprivation - deprived of everything except the essentials of existence.
3. Monotony- giving the same food that is “off” diet, or requiring the prisoners to perform
drab or boring daily routine.
4. Uniformity- “we treat the prisoners alike” the fault of one is the fault of all.
5. Degradation- uttering insulting words or languages on the part of prison staff to the
prisoners to degrade or break the confidence of the prisoners.
6. Corporal or Solitary Confinement- non- communication, limited news, “the lone
wolf”.

CONTEMPORARY FORMS OF PUNISHMENT

1. Imprisonment- putting the offender in prison for the purpose of protecting the public
against criminal activities and at the same time to undergo institutional treatment
programs.
 2. 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.
3. Probation- a disposition whereby a defendant after conviction of an offense, the penalty
of which does not exceed six years imprisonments, released subject to the conditions
imposed by the releasing court and under the supervision of a probation officer.
4. Fine- an amount given as a compensation for a criminal act.
5. Destierro- the penalty of banishing a person from the place where he committed a crime
prohibiting him to get near or enter the 25 kilometer perimeter.

JUSTIFICATION OF PUNISHMENT

1. Retribution- the punishment should be provided by the state whose sanction is violated,
to afford the society or the individual the opportunity of imposing upon the offender
suitable punishment as might be enforced.
2. Expiation or Atonement- it is punishment in the form of group vengeance where the
purpose is to appease the offended public or group.
3. Deterrence- punishment gives a lesson to the offender by showing to others what would
happen to them if they violate the law.
4. Incapacitation and Protection- the public will be protected if the offender has been held
in conditions where he cannot harm others especially the public.
5. Reformation or Rehabilitation- it is the establishment of the usefulness and
responsibility of the offender.

PENALTY
Penalty is defined as the suffering inflicted by the state against and offending member
for the transgression of law.

JUDICIAL CONDITIONS OF PENALTY

1. Productive of suffering- without however affecting the integrity of the human
personality.
2. Commensurate with offense- different crimes must be punished with different penalties.
3. Personal- the guilty one must be in accordance with the law.
4. Legal- the consequence must be in accordance with the law.
5. Certain- no one must escape its effects.
6. Correctional- changes the attitude of offenders and become law abiding citizens.

Penalties as to Gravity
1. Death Penalty- Capital punishment
2. Reclusion Perpetua- life imprisonment, a term of 20-40 years of imprisonment.
3. Reclusion Temporal- 12 years and 1 day to 20 years imprisonment
 4. Prision Mayor- 6 years and 1 day to 12 years
5. Prision Cprrectional- 6 months and 1 day to 6 years
6. Arresto Mayor- 1 month and 1 day to 6 months
7. Arresto menor- 1 day to 30 days

PRISON AND PRISONERS

A prison is a penitentiary, an institution for the imprisonment (incarceration) of persons

convicted of major/ serious crimes. It is a building, usually with cells, or other places established
for the purpose of taking safe custody or confinement of criminals.

General Classification of Prisoners

1. Detention Prisoners- those detained for investigation, preliminary hearing, or awaiting

trial. A detainee in lock up jail. They are prisoners under the jurisdiction of the Courts.
2. Sentenced Prisoners- offenders who are committed to the jail or prison in order to serve
their sentence after final conviction by a competent curt.
3. Prisoners who are on Safekeeping- includes non-criminal offenders who are detained in
order to protect the community against their harmful behavior.

DEGREE OF SECURITY OF PRISONERS

1. Super Maximum Security Prisoners

2. Maximum Security Prisoners
3. Medium Security Prisoners
4. Minimum Security Prisoners

JAILS AND INMATES

1. Lock-up Jails
2. Ordinary Jails
3. Workhouse, Jail Farms or Camp

PHILIPPINE CORRECTIONAL SYSTEM

The correctional system in the Philippines is composed of six agencies under three
distinct and separate departments of the national government.
These are:
1. Department of Justice (DOJ) - that has supervision over the Bureau of Corrections,
Parole and Probation Administration, and the Board of Pardons and Parole.
 2. Department of Interior and Local Government (DILG) – that has supervision over the
Bureau of Jain Management and Penology (BJMP), and the Provincial Jails.
3. Department of Social Welfare and Development- that has supervision over the Child
Welfare Bureau and the Youth Rehabilitation Centers in relation to its function to handle
Children In Conflict with the Law (CICL)- the youthful delinquents.

The Bureau of Corrections

The Bureau of Corrections (BuCOR) is mandated by law to accomplish its twin

objectives- the effective safekeeping and rehabilitation/reformation of national prisoners. It
has general supervision and control of all national prisons or penitentiaries and charged with
the safekeeping of all prisoners confined therein.

The Bureau of Jail Management and Penology (BJMP)

The BJMP operates as a line bureau of the DILG. It is mandated to exercise supervision
and control over all cities and municipal jails throughout the country in accordance with
Republic Act no. 6975. The bureau has to ensure a secured, clean, sanitary and adequately
equipped jail for the custody and safekeeping of city and municipality prisoners.

THE TREATMENT PROGRAMS

The Philippine correctional system adopted two approaches in treating criminal

offenders. These are the Institution-Based Treatment Programs and the Community-Based
Treatment Programs. These programs aimed towards the improvement of offender’s attitude
and Philosophy of life, the main goal being the ultimate rehabilitation of offenders by
changing inmate’s attitude.

INSTITUTIONALIZED TREATMENT PROGRAMS

1. Prison Education
2. Work Programs
3. Religious Services
4. Recreational Programs
5. Medical and Health Services
6. Counseling and Casework

Community-Based Treatment Programs

1. Probation
2. Parole
3. Conditional Pardon