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MODULE 1
HISTORICAL EVOLUTION OF CRIMINOLOGY
Criminology is the scientific procedure to studying both social and individual

criminal actions. It is divided up into several separate disciplines including psychology,
economics, political science, natural science, biology and the evolution and development
of people.
While other investigate professionals are in charge of who committed a crime and
how, criminologists are responsible for answering why someone would be led to
breaking the law or causing a crime. The field of study has a long, rich history and has
changed a lot. This module presents the evolution of Criminology as field of study as a
profession.
INTENDED LEARNING OUTCOMES

At the end of this lesson, the learner should be able to:
1. know the significant concepts and terminologies in the field of criminology
including the importance, purposes, nature and scope of criminology.
2. trace the historical evolution of criminology in the foreign and Philippine setting
including the contributions of the important personalities, events and places in the
field of criminology.
3. discuss and distinguish the early schools of thought in Criminology.
MOTIVATION
Here is an interesting fact you should know about the word Criminology:
The word “criminology” was first used in the1850s, and
first taught in universities in 1890.
Image Source: factinate.com/things/30-ominous-facts-criminology/
CHAPTER 1- LESSON NOTES
INTRODUCTION TO CRIMINOLOGY
We will first tackle the significant concepts and terminologies to prepare you in
understanding Criminology as a field of study. These important concepts and
terminologies are as follows;
Etymology of the word “Criminology”

The word criminology was derived from:
Introduction to Criminology | Module

University of Antique
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CRIMEN LOGIA
Latin word which Study of crime as
Greek word which
means “crime or means “study of” social phenomenon
violation of law”
Raffaele Garofalo & Paul Topinard

Image Source: Wikiwand Image Source: Wikipedia
In 1885, Italian Law Professor Raffaele Garofalo coined the term “Criminology”
(in Italian Criminologia).
In 1889, French Anthropologist Paul Topinard used it for the first time in French
Criminologie.
What is CRIMINOLOGY?
Criminology according to Edwin Sutherland is the body of knowledge regarding

crime as a social phenomenon.
This branch of knowledge also attempts to scientifically analyze the causes of

crimes and delinquency together with the corresponding prevention and control
measures that can be adopted.
It is also referring to the entire body of knowledge regarding crimes, criminals and
the effort of the society to prevent and repress them (Maglinao).
One common definition of CRIMINOLOGY is the study of crimes, criminals and

their treatment.
The most complete definition of CRIMINOLOGY is a body of knowledge

regarding crime as a social phenomenon. It includes within its scope the process
of making laws, the breaking of laws and the reactions towards the breaking of
laws’’.

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The objective of criminology is the development of a body of general and verified

principles and of other types of knowledge regarding the process of law, crime, and
treatment or prevention.
Criminology is the scientific study of crime, criminals, and criminal behavior.

Criminologists scientifically study the following:
1. Nature and extent of crime;
2. Patterns of criminality;
3. Explanations on the causes of crime and criminal behavior; and
4. The control of crime and criminal behavior.
Purposes of Criminology
The purposes of criminology are to offer well-researched and objective answers to
four basic questions:
1. Why do crime rates vary?
2. Why do individuals differ as to criminality?
3. Why is there variation in reactions to crime?
4. What are the possible means of controlling criminality?
Goals of Studying Criminology

The study of criminology seeks to achieve the following goals:
1. To describe criminal behavior;
2. To understand criminal behavior;
3. To predict criminal behavior;
4. To control criminal behavior.
Nature of Criminology
Generally, criminology cannot be considered as science because it has not yet
acquired universal validity and acceptance. it is not stable and varies from one time and
place to another. However, considering that science is the systematic and objective
study of social phenomenon and other body’s knowledge, criminology is a science itself
when under the following nature:
1. It is an Applied Science – in the study of the causes of crimes, anthropology,

psychology, sociology, and other natural science may be applied, while in crime
detection-chemistry, medicine, physics, mathematics, ballistics, polygraphy, legal
medicine, questioned document examination may be utilized. This is called
Instrumentation.
2. It is a Social Science – in as much as crime is a social creation that exists in a

society being a social phenomenon, its study must be considered a part of social
science.
3. It is Dynamic – criminology changes as social condition changes. It is

concomitant with the advancement of other science that has been applied to it.
4. It is Nationalistic – the study of crimes must be in relation with the existing

criminal law within a territory or country. Finally, the question as to whether an act

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is a crime is dependent on the criminal law of a state. It follows, therefore, that

the causes of crime must be determined from its social needs and standards.
Principal Divisions of Criminology

In its narrowest, criminology is the scientific study of crimes and criminals
which is divided into three principal divisions:
1. Etiology of Crimes – the scientific analysis of the causation of crimes and the
behavior of the criminal.
2. Sociology of Laws – refers to the investigation of the nature of criminal law and
its administration.
3. Penology – the study of the control of crimes and the rehabilitation of the
offender.
HISTORY & OVERVIEW OF CRIMINOLOGY IN THE PHILIPPINES
In the Philippines, the first ever educational institution offering the criminology
course is the Philippine College of Criminology (PCCr), at Sta. Cruz Manila, formerly
known as Plaridel College.
Because of the influence of foreign scholars and the increasing crime rates in the
Philippines, Manila Police Major Eliseo Vibar, Dr. Pedro Solis of the National Bureau
of Investigation (NBI), Supreme Court Associate Justice Felix Angelo Bautista and
others, established this pioneering College of Criminology or educational institution for
scientific crime detection in the whole Southeast Asia in the 1950’s.
In the early part of 1960’s, criminology course was offered by the following schools:
1. University of Manila- Metro Manila
2. Abad Santos College- Metro Manila
3. University of Visayas- Cebu City
4. University of Mindanao- Davao City
5. University of Baguio- Baguio City
The Board of Examiners for Criminology was created on July 1, 1972, pursuant to
Republic Act No. 6506 entitled “An Act Creating the Board of Examiners for Criminologists in
the Philippines and for Other Purposes”.
The first Board, constituted in 1987, was composed of Dr. Sixto O. de Leon as
Chairman, Atty. Virgilio B. Andres and Jaime S. Navarro as Members.
On the same year, the Syllabi of Subjects in the licensure examinations for
Criminologists was promulgated. A month after it, the Criminology Program became one
of the most popular disciplines in the country.
At present, the members of the Board of Criminology are Hon. Ramil G. Gabao,
Chairman; Hon. George O. Fernandez, Hon. Lani T. Palmones, Hon. Warren M.
Corpuz as Members.

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Atty. Ramil G. Gabao

Chairman, Professional Regulatory Board of Criminology
HISTORY & OVERVIEW OF CRIMINOLOGY IN FOREIGN SETTING
1. Criminology in Europe
It was in the late 19th century, Dr. Cesare Lombroso, an Italian, founded
for the first time ever, the Positive School of Criminology. According to Dr.
Lombroso, a criminal person by birth is a distinct type. This type of criminal can
be recognized through his own personal stigmata or anomalies, such as
symmetrical (divided) cranium or bones forming the enclosure of the brain; long
lower jaw, flat nose, scanty (barely sufficient) beard; and low sensitivity to pain.
These physical anomalies do not in themselves cause crime, rather they identify
the personality which is predisposed to the savage type atavism or appearance in
an individual or some characteristics found in a remote ancestor but not in a
nearer ancestor.
2. Criminology in the United States
In the latter part of the 19th century, criminology was accepted as a field
of study by the department of sociology of a growing university in the United
States. Since that time, sociologists in the United States have made primarily
systematic studies of crimes and criminals. A survey made in 1901 indicated that
criminology and penology were among the first courses offered in United States
colleges and universities under the general title of “sociology”. The American
Journal of Sociology included articles and book reviews on Criminology when it
was first published in 1895. American sociologists, like most European scholars
were deeply impressed by many of the lombrosian arguments, but it was not until
about 1915, after the publication of Goring’s work, that a strong environmentalist
position was cultivated.

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CRIMINOLOGY PIONEERS AND THEIR CONTRIBUTIONS
DR. CESARE LOMBROSO

The world famous authority in the field of
criminology who advocated the Positivist Theory: that
crime is essentially a social and moral phenomenon and
it cannot be treated and checked by the imposition of
punishment; and that is just any person who is sick, that
he should be treated in the hospital for his possible
rehabilitation and reformation.
He is considered as the Father of Modern
Criminology because of his scientific point of view
about crimes and criminals.

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DR. CHARLES GORING

He is
an English
statistician,
who studied
the case
histories of
2,000
convicts,
and found
that
heredity is
more
influential
as
determiner
of criminal
behavior
than
environment.

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EDWIN H. SUTHERLAND
He is an American authority in criminology,
who in his book “Principles of Criminology”.
Considers criminology at present as not a
science, but it has hopes of becoming a
science.
He is considered as the Dean of Modern
Criminology and was been regarded as the most
important criminologist of the 20th century. He
strongly believed that criminal behavior is
learned and not inherited.
GEORGE L. WILKER
He argued that criminology cannot
possibly become a science. Accordingly, general
propositions of universal validity are the essence of
science; such proposition can be made only stable
and homogeneous units but varies from one time to
another; therefore, universal proposition cannot be
made regarding crime, and scientific of criminal
behavior are impossible.
CESARE BECCARIA
Who, in his book: “ An Essay of Crimes
and Punishments,” advocated and applied
doctrine penology, that is to say make punishment
less arbitrary and severe; that all persons who
violated a specific law should receive identical
punishment regardless of age, sanity, wealth,
position, or circumstance.
RAFFAELLE GAROFALO
Another Italian authority in criminology, who
developed a concept of the natural crime and defined it
as a violation of the prevalent sentiments of pity and
probity.

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He coined the term “Criminology” (in Italian Criminologia).
HENRY H. GODDARD
Who advocated the theory that
“feeblemindedness” inherited as Mendalian Unit, causes crime for the reason that
the feebleminded person is unable to appreciate the consequences of his behavior,
or appreciate the meaning of the law.
DAVID W. MAURER
He is an American authority in police
administration who, in his book “The Big Con,” once
said, “The Dominant culture could control the
predatory cultures without difficulty, and what
is more, it would exterminate them, for no
criminal subculture can operate continuously
and professionally without the connivance of
the law.”
PETER RENTZEL
A private person who, in 1669, established a work house in hamburg at his
own expense because he had observed that thieves and prostitutes were made
worse instead of better by pillory, and he hoped that they might be improved by work
and religious instruction in the workhouse.
JOHN HOWARD
The great prison reformer, who wrote “The State of Prisons in England” in
1777, after a personal investigation of practically all
prisons in England.
ADOLPHE QUETELET
He made use of data and statistical analysis to
gain insight into the relationship between crime and
sociological factors. He found out that age, gender,
poverty, education, and alcohol consumption were
important factors related to crime.

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RAWSON W. RAWSON
He utilized crime statistics to suggest a link between population density and
crime rates, with crowded cities creating an environment conducive to crime. Joseph
Fletcher and John Glyde also presented their research papers on crime and its
distribution to the Statistical Society of London.
HENRY MAYHEW
He used empirical methods and ethnographic approach to address social
questions and poverty, and presented his studies in London Labor and the London
Poor.
EMILE DURKHEIM
He viewed crime as an inevitable aspect of society, with uneven distribution
of wealth and other differences among people.
ALPHONSE BERTILLION
He is a French law enforcement officer and biometrics researcher, who created
anthropometry – an identification system based on physical measurements.
Anthropometry was the first scientific system police used to identify criminals.
The method was eventually supplanted by Dactyloscopy.
SIR ALEC JEFFREYS

He is a fellow of the Royal Society (FRS),
a British Genetics, who developed techniques of
Deoxyribonucleic Acid (DNA) fingerprinting and
DNA profiling.
WILLEM ADRIAN BONGER

He is a Dutch criminologist, who believed in a
causal link between crime and economic and social
conditions. He asserted that crime is social in origin and
the normal response to prevailing cultural conditions. In

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Source of Images : Wikipedia

more primitive societies, he contended that survival requires more selfless altruism within the
community.
ABRAHAMSEN
He explained the causes of crime in his Crime and the Human Mind (1945) through his
formula (CB = CT + Inducing Situation/PMRT). That is, Criminal Behavior equals Criminalistic
Tendency plus Inducing Situation divided by the Person’s Mental or emotional Resistance to
Temptation.
IMPORTANT EVENTS & PLACES IN THE STUDY OF CRIMINOLOGY
1. Berlin – The country where the last burning at the stake was made until 1786.
2. Australia – A place where after the Americans gained their independence from
England in 1786, the prisoners of England were transferred until 1867.
3. Ancient Rome—A nation who pioneered banishment as a form of punishment.
4. Middle of the 16th Century – The period when the first House of Correction
appeared in England, on the petition of Bishop Ridley of London for help in
dealing with the sturdy vagabonds of the city. The King gave his place at
bridewell to be one of the hospitals of the City, for lewed and idle, and a place for
the employment of the unemployed and the training of children.
5. Hammurabi’s Code – A Code after a name of a person who firstly adopted the
principle “ An Eye for An Eye, and a Tooth for a Tooth” in the imposition of
punishment.
6. Elmira Reformatory – Considered as the forerunner of modern Penology,

located in Elmira, New York, in 1876. It features a training school type of
institutional program, social case work, and extensive use of parole.
7. Auburn Prison System – Its features were confinement of the prisoners in

single cells at night and congregate work in shops during the day.
8. 1870 to 1880 – Was the Golden Age of Penology because of the following
reasons:

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 The formation and Organization of National American Prison Association

in 1870;
 In 1872, the first International Prison Congress was held in London;
 In 1876, the Elmira Reformatory was considered as the forerunner of
Modern Penology; and
 The first separate Institution for Women were established in Indiana and
Massachusettes.
9. 1839 – Demetz of France established an Agricultural Colony for Delinquent boys.

The boys were housed in cottages with house fathers as in charge. The system
was based on re- education rather than force. When discharged, the boys were
placed under the supervision of a patron.
10. 1934 – The league of nations adopted the “Standard Minimum Rules for the
Treatment of Prisoners.”
SCHOOLS OF THOUGHT IN CRIMINOLOGY
The theories of the social scientists, anthropologists and criminologists from the pre-
twentieth century will help us understand the explanations on why and how the person
commits crime.
The world of criminology in this era has been divided into three broad schools of
thought that explain the causes of crimes namely;
A. CLASSICAL SCHOOL
The Classical School was developed in the mid-18th century and was based on
Utilitarianism. This school of criminology is composed of group of thinkers who focused
their studies and research on crimes and punishment. The classical theorist are:
1. Cesare Bonesara Marchese de Beccaria

He was an Italian philosopher and politician. He was known on his essay entitled:
Crimes and Punishments (1763-64) which condemned torture and death penalty and
was the founding work in the field of criminology.
Essay on Crimes and Punishments is a seminal treatise on legal reform and widely
considered as one of the founding texts of Classical Criminology which has the following
characteristics:
a. The basis of criminal liability is human freewill and the purpose of
penalty is retribution.
b. That man is essentially a moral creature with an absolutely freewill to
choose between good and evil, thereby placing more stress upon the effect
or result of the felonious act than upon the man, the criminal himself.
c. It has endeavored to establish a mechanical and direct proportion between
crime and penalty.

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d. There is a scant regard to the human element.
It is one of the earliest and most famous works against death penalty. The main
reason put forward against that measure is that the State, by putting people to death,
was committing a crime to punish another one. It also advocated a substantial difference
between crime and sin, and was for this reason put in the list of Banished Books by the
Catholic Church in 1766.
The work had a great success in the whole of Europe, especially in France and at
the Court of Catherine II of Russia. The judiciary reform advocated by Beccaria led to the
abolition of death punishment in the Grand Duchy of Tuscany, the first Italian state taking
this measure.
2. Jeremy Bentham
He was an English jurist, philosopher, and legal and social reformer. He was a
political radical and a leading theorist in Anglo-American philosophy of law. He is best
known as an early advocate of utilitarianism and fair treatment of animals that influenced
the development of liberalism. He invented the panopticon prison design, and other
classical school philosophers argued the following:
a. people have free will to choose how to act;

b. deterrence is based upon the utilitarian ontological notion of a human being as a
‘hedonist’ who seeks pleasure and avoid pain, and a ‘rational calculator’
weighing up the cost and benefits of the consequences of each action. Thus, it
ignores the possibility of irrationality and unconscious drives as motivational
factors;
Hedonism- principle which explains that a man chooses between pleasure and
pain.
c. Punishment (of sufficient severity) can deter people from crime, as the costs
(penalties) outweigh benefits, and that severity of punishment should be
proportionate to the crime; and
d. The swifter and certain the punishment, the more effective it is in deterring
criminal behavior.
Majority of the Philippine

Revised Penal Code (RPC)
principles and concepts were
derived from this school of
thought.

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Arguments about the Classical Theory (Tradio,

1999)
 Unfair – it treats all men as if they were robot without regard to the individual
differences and the surrounding circumstances when the crime is committed.
 Unjust – having the same punishment for the first offenders and recidivists.
 The nature and definition of punishment is not individualized.
 It considers only the injury caused not the mental condition of the offender.
 It became the Magna Carta or pattern of the criminal, since the latter knows what
will be the penalty in case he will be arrested and convicted of the offense to be
made. Thus, he can calculate the amount of pleasure and pain.
B. NEO-CLASSICAL SCHOOL
The neo-classical school of criminology argued that the situations or circumstances

that made it impossible to exercise freewill are reasons to exempt the accused from
conviction.
This school of thought maintains that while the classical doctrine is correct in
general, it should be modified in certain details:
a. That children and lunatics should not be regarded as criminals and free from
punishment.
b. It must take into account certain mitigating circumstances.
Neo-Classicists argued that the freewill of a person is not absolute and can be
mitigated by pathology, incompetence and mental disorder. In the Philippines, this is
reflected in Article 12 of the RPC. (Further readings: Article 12 of the RPC)
Of the RPC.
C. POSITIVIST SCHOOL
This school of criminology is composed mainly of Italian social scientists,

anthropologists and criminologists who emphasized on the scientific treatment of
criminals and not on the penalties to be imposed.
The positivist School, presumed that criminal behavior is caused by internal

(subjective in nature) and external (objective or nurtured) factors outside of the
individuals control. The scientific method was introduced and applied to study human
behavior. Positivism can be broken up into three segments which include biological,

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psychological and social positivism. Positivists theorists are Cesare Lombroso, Enrico
Ferri, Raffaele Garofalo:
“Holy Three of Criminology”

They emphasized on the scientific
approach to then study of criminal
behavior and to reform the criminal law.
Of the RPC.
Source of Images: wellcomecollection.org
1. Dr. Cesare Lombroso
Dr. Cesare Lombroso Raffaele Garofalo
Enrico Ferri
He was born Ezechia Marco Lombroso (November 6, 1836 – October 19, 1909)
was an Italian criminologist and founder of the Italian School of Positivist Criminology.
Lombroso rejected the established Classical School, which held that crime was a
characteristic trait of human nature. Instead, using concepts drawn from physiognomy,
early eugenics, psychiatry and Social Darwinism. Lombroso’s theory of anthropological
criminology essentially stated that criminality was inherited, and that someone, “born
criminal” could be identified by physical defects, which confirmed a criminal as savage,
or atavistic.
Cesare Lombroso, an Italian prison doctor working in the late 19th century and
sometimes regarded as the “Father of Criminology”, was one of the largest
contributors to biological positivism. Lombroso took a scientific approach, insisting on
empirical evidence, for studying crime.
Also, he was considered as the founder of criminal anthropology, who suggested

that physiological traits such as the measurements such as one’s cheekbones, or hair
line, or a cleft palate, considered to be throwbacks to Neanderthal man, are indicative to
“atavistic” criminal tendencies. This approach, introduced by the earlier theory of
phrenology and by Charles Darwin and his Theory of Evolution, has been superseded,
but more modern research examines genetic characteristics and the chemistry of
nutrition to determine whether there is an effect to violent behavior.
Classifications of Criminals according to Lombroso:
1. Atavistic – these criminals are those considered as born criminals. It is based on

the belief that criminal behavior is inherited.
2. Insane Criminal – this refers to people who became criminals due to

psychological disorder or mental abnormalities.
3. Criminal by Passion – He is a person who commits crime due to extreme

emotion, impulse of the moment, fit of passion or great anger or jealousy.

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4. Criminaloid – He is an individual who commits crime because of weak self-

control or less physical stamina.
5. Occasional Criminal – He commits crime if given an occasion to do so.
6. Pseudo Criminal – He is an individual who kills a person in self-defense.
Dr. Cesare Lombroso conducted an autopsy and identified various physical

stigmata; hence, Lombroso concluded that those identified numbers of physical stigmata
were indicative of the born criminal or atavistic criminal.
Dr. Cesare Lombroso was criticized for his atavistic theory (failed to evolve to a
fully human and civilized state) or his attention to the biological characteristics of a
man. He said that criminals have in common with each other most especially when it
comes to their observable physical or mental defects. The latter even wrote the essay
entitled: “Crime: Its Causes and Remedies” that contains his classification of
criminals.
Stigmata Related to an Atavistic Criminal are:
1. Deviation in head size and shape from type common to race and region from
which the criminal came;
2. Asymmetry of the face;
3. Eye defects and peculiarities;
4. Excessive dimensions of the jaw and cheekbones;
5. Ears of unusual size, or occasionally very small, or standing out from the head as
to those of a chimpanzee;
6. Nose twisted, upturned, or flattened in thieves, or aquiline or beak like in
murderers, or with a tip rising like a peak from swollen nostrils;
7. Lips fleshy, swollen, and protruding;
8. Pouches on the cheek like some of those animals;
9. Peculiarities in the plate, such as are found in reptiles, and cleft palate;
10. Chin preceding, or excessively long, or short and flat, as in apes;
11. Abnormal dentition;
12. Abundance, variety, precocity of wrinkles;
13. Anomalies of the hair, marked by the characteristics of the opposite sex;
14. Defects of the thorax, such as too many or too few ribs, or supernumerary
nipples;
15. Inversion of sex characters in the pelvic organs;
16. Excessive length of arms;
17. Supernumerary fingers and toes; and
18. Imbalance of the hemisphere of the brain (asymmetry of the cranium).

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Illustration from Lombroso’s work showing

some of the physical defects that the he believed
to be distinguishing marks of criminals.
PC.
Source of Images: google.com
Summary of Lombroso’s work:
1. He consistently emphasized the need for direct study of the individual, utilizing
measurements and statistical methods in anthropological, social, and economic data.
2. He began with the basic assumption of biological nature of human character and
behavior.
a. He first conceived of the criminal as a throwback to a more primitive type of brain
structure, and therefore, of behavior;
b. He later modified this to include degeneracy of defectiveness, and;
c. He never claimed that the born criminal constituted more than 40% probably less,
only about 1/3 of the total criminal population.
3. With successive years of study, discussion, and contact with critics, he modified
his theory and method. He included all kinds of social, economic, and environmental
data.
Through it all, he always attempted to be:
a. Objective, in method, often statistical;
b. Positive in the scene of deterministic; and
c. Faithful to the basic idea of cause as a chain of interrelated events, not the more
familiar and popular doctrine of self-determinism of human behavior, to say
nothing of the demonistic.
2. Enrico Ferri He is the best known Lombroso’s associate, brilliant lawyer,

accomplished editor scholar and public lecturer and a great parliamentarian.
He believed that social as well as biological factors played a role, and held the
view that criminals should not be held responsible, for the factors causing their
criminality were beyond their control.
3. Raffaele Garofalo
He was an Italian jurist and a student of Cesare Lombroso. He rejected the
doctrine of free will and supported the position that crime can be understood only if it
is studied by scientific methods. He attempted to formulate a sociological definition of
crime that would designate those acts which can be repressed by punishment. These

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constituted “Natural Crime” and were considered offenses violating the two basic
altruistic sentiments common to all people, namely, probity and pity. Crime is an
immoral act that is injurious to society. This was more of a psychological orientation
than Lombroso’s physical-type anthropology.
Garofalo’s law of adoption followed the biological principle of Darwin in terms of

adoption and the elimination of those unable to adapt in a kind of social natural
selection. Consequently, he suggested the following:
1. Death for those whose criminal acts grew out of a permanent psychological
anomaly, rendering them incapable of social life;
2. Partial elimination or long time imprisonment for those fit only for the life of
nomadic hordes or primitive tribes; and
3. Enforced reparation on the part of those who lack altruistic sentiments, but who
have committed the crimes under the pressure of exceptional circumstances are
not likely to do so again.
Characteristics of Positive Theory

Positivists affirmed that crime is like a natural phenomenon, disaster or calamity
because of the following reasons:
 That a man is subdued occasionally by a strange and morbid phenomenon which

constrains him to do wrong in spite of or contrary to his own volition.
 That crime essentially a social and natural phenomenon and such as, it
cannot be treated and checked by the application of abstract principles of law
and jurisprudence nor by the imposition of a punishment, fixed and determined a
prior; but rather through the enforcement of individual measures in each
particular case after a thorough, personal and individual investigation conducted
by a competent body of psychiatrists and social scientists.
CLASSICAL VS. POSITIVIST
Point Classical School Positive School
Focus The focus is the crime or the The focus is the man not the
criminal act not the man. crime committed.
View of Human Hedonistic; free-willed Malleable; determined by
Nature rationality, morally responsible biological, psychological and
for own behavior. social environment; no moral
responsibility.
View of Justice Social contract; exists to Scientific treatment system
System protect society; due process to cure pathologists and
and concern with civil rights; rehabilitate offenders; no
restrictions on system. concern with civil rights.
Form of Law Statutory law; exact Social law, illegal acts

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specialization on illegal acts defined by analogy;

and sanctions. scientific experts determine
social harm and proper form
of treatment.
Purpose of Punishment for deterrence; Treatment and reform;
Sentencing sentences are determinate sentences are determinate
(fixed length) (variable length until cured)
Criminological Philosophers; social reformers Scientists; treatment experts
Experts
Age of Existence Both schools existed during the Age of Enlightenment
MODULE 2
DEVELOPING CRIMINOLOGICAL THEORY
Module two (2) focuses on the different theories of crime causation and how it affects to
crime situations.
In this module you will explore some of the foundational criminological ideas that frame our
understanding of crime and criminology. This part establishes the groundwork enabling you to
gain a deeper understanding of crime theories and crime causation and its link to crime
phenomenon.

1. recognize the different theories of crime causation and how it affects to crime
situations.
2. apply the concepts of crime theories and crime causation in understanding crime
phenomena.

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MOTIVATION
Before we get started, here are some notable quotes about “theories” which you
should ought to remember:
Source of Images : www.goggle.com
MODULE 2- LESSON NOTES
INTRODUCTION AND APPROACHES TO CRIMINAL ETIOLOGY
We will first discuss some important terminologies to prepare you in understanding

the different criminological theories. These important terminologies are as follows;
Criminal Etiology refers to the division of criminology which attempts to provide

scientific analysis on the “causes of crime”.
Causes of Crime refers to the factors or circumstances that apply

significantly more to offenders than to non-offenders and that potentially a
direct but not necessarily immediate link to crime.
As regards any attempt at scientific studies of the causes of crime, two things or
objects should be considered, and these are man and his criminal behavior, in relation to
criminal or penal law.

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Theoretical Approaches to Crime

Crime is an act or omission punishable by law. There are several explanations why and how
crimes are committed.
The following are the most popular and generally accepted theories of crimes:
1. Subjective Approaches
This approach deals primarily on the biological explanation on how and why
crimes are committed. It discusses the forms of abnormalities that present in the
individual perpetrator before, during and after the violation of the laws.
2. Objective Approaches
It focuses on the study of group of individual, social processes and institutions
as influences to and determiners of behavior.
3. Contemporary Approaches
It is the combination of the different approaches to explain reasons or causes
for the commission of crimes, which focuses on the psychoanalytical, psychiatric and
sociological theories.
Schools of Criminology in Different Era

In order that the concept of crimes will be appreciated better, it is necessary that the schools
of thought in criminology with different types of explanations to crimes should be learned.
Below are the three (3) types of explanations to the existence of criminal
behavior.
1. Single or Unitary Theory – this approach views that criminal behavior is caused only
by one factor or variable which is any of the following: social, biological, or mental. This
theory is no longer used at present.
2. Multiple Factor Theory– this approach view that criminal conduct is not a product of a
single cause or factor but a combination of two or more factors.
3. Eclectic Theory – this approach views that criminal behavior at one instance may be
caused by one or more factors, while in other instance may be caused by another set of
factors.
Theory is an idea that is suggested or presented as possibly true, but that is not known or proven
to be true. The function of theory is to provide puzzles for research.
Every criminological theory contains a set of assumptions (about human nature, social structure,
and the principles of causation, to name a few), a description of the phenomena to be explained
(facts a theory must fit), and an explanation, or prediction, of that phenomenon.

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For this purpose, the crime related theories are grouped as follows:
1. Biochemistry or Biological 2. Psychoanalytic and Psychiatry 3.

Sociological Biochemistry or Biological Theories and Studies
 Biochemistry is known by many names: biological, constitutional (having to do with
the structure of the body’s morphology), genetic, and anthropological criminology.
 The oldest field is criminal anthropology, founded by the father of modern
anthropology, Cesare Lombroso, in 1876. He was one of the first exponents of the
positivist approach to explaining crime.
 Historically, theories of the biochemistry type have tried to establish the biological
inferiority of criminals, but modern biocriminology simply says that heredity and body
organ dysfunctions produce a predisposition toward crime.
 Biological theories of criminality basically purport that criminal behavior is a result of
some flaw in the biological makeup of the individual. The physical flaw could be due
to the following:
1. Heredity;
2. Neurotransmitter dysfunction; and
3. Brain abnormalities that were caused by either of the above improper
development or trauma.
Image Source: https://onlinedegrees.kent.edu/sociology/criminal-justice/community/criminal-behavior-theories
Thus, man as a living organism has been the object of several studies which has
the purpose of determining the causes of his crimes.
1. Anthropological Criminology
 Anthropological Criminology (sometimes referred to as Criminal Anthropology,
literally a combination of the study of human species and the study of criminals) is
a field of offender profiling, based on perceived links between the nature of a crime
and the personality or physical appearance of the offender.
Criminal Anthropology Theories are as follows:

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1. Born Criminal or Atavism – according to Cesare Lombroso, criminals are born with
some physical characteristics which become the causes of crimes. He advanced the
following explanation to such cause:
a. That the test is distinct born criminal type;
b. That this type can be identified by certain stigmata or anomalies;
c. That the stigmata are not the cause of crime, but rather the symptoms of
atavism or reversion of his body to his apelike ancestors;
d. That this atavism and degeneracy of the body are the causes of crime; and
e. That a person who is born criminal cannot refrain from committing crime unless
he lives under exceptionally favorable circumstances
2. Physiognomy –a theory based upon the idea that the assessment of the person’s
outer appearance, primarily the face, may give insights into one’s character or
personality.
Image Source: www.google.com
3. Phrenology – originated from Greek: “mind”; and logos “knowledge”. A theory which
claims to be able to determine character, personality traits and criminality on the basis
on the shape of the head.

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Phrenology is based on the concept that the brain is the organ of the mind, and
that certain brain areas have localized, specific functions or modules. In other words,
phrenologists believed that the mind has a set of different mental faculties, with each
particular faculty represented in a different portion (or organ) of the brain. These areas
were said to be proportional to a given individual propensities and the importance of a
given mental faculty, as well as the overall conformation of the cranial bone to reflect
differences among individuals.
Biochemistry or Biological Studies
1. Criminal Anthropology: Study of Physical Defects and Handicapped

Leaders of notorious criminal groups are usually nicknamed in accordance with their
physical defects such as “Dodong Pilay”, “Ashong Bingot”, “Densiong Unano”, “Roger
Komaang” and others. These criminals known by their physical defect usually cause
irritation during their childhood days; they become violent, feel inferior to others, or being
ostracized by the society. The unfavorable results, therefore, could be any of the
following:
a. Causes poor social relationship and serious emotional disturbances;

b. It reduces the capacity to compete occupationally and socially;
c. It may cause the development of inferiority complex; and
d. Those frequently irritated by friend’s resort to violent criminal behavior.
2. Heredity Studies (“it is in the blood’, “like father like son”)
a. Study of Kallikak Family Tree
This study was conducted by Henry H. Goddard a prominent American psychologist

and eugenicist in the early 20th century. He is known especially on his 1912 work. The
Kallikak Family: A Study in the Heredity of Feeble-Mindedness, which he himself

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came to regard as deeply flawed, and for being to translate the Alfred Binnet intelligence
test into English in 1908 and distributing an estimated 22,000 copies of the translated
test across the United States; he also introduced the term “moron” into the field.
His influential study inspired by the new Mendelism, traced back six generations of
the family of young institutionalized woman and found “an appalling amount of
defectiveness.” Yet, there was also information about “a good family of the same name.”
it emerged, of course, that the forebear met “a feeble-minded girl by whom he became a
father of a feeble-minded son.” Subsequently the father “married a respectable girl of
good family,” by whom he produced children with “a marked tendency towards
professional careers,” who had “married into the best families… signers of the
Declaration of Independence… etc.” Goddard invented the pseudonym
Kallikak by combining a Greek root meaning “beauty” (kallos) with one meaning “bad”
(kakos). The lesson was clear and dramatic: the study linked medical and moral
deviance and fused the new Mendelian laws with the old biblical injunction that “the sin of
the fathers shall be visited on the sons”.
b. Study of Juke Family Tree (Dugdale and Estabrook)
The 19th century view of “degeneracy” (roughly synonymous with “bad heredity”) led
theories to conceive of social problems such as insanity, poverty, intemperance, and
criminality as well as idiocy as interchangeable.
This view was expounded in The Jukes: A Study in Crime, Pauperism, Disease
and Heredity (Richard Dugdale, 1875), a study of a rural clan that “over seven
generations produced 1,200 bastards, beggars, murderers, prostitutes, thieves and
syphilitics.” Many of the eugenicist’s ideas about poverty came from cacogenics: the
deterioration of a genetic stock overtime.

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The sociologist Richard Dugdale

based his classic study, The Jukes, on the
clan of 700 criminals, prostitutes and paupers
descended from “Margaret Ada Jukes, the
Mother of Criminals”. Dugdale believed that
bad environment caused their degeneracy
and could be reversed over time.
Between Kallikak and Juke:
1. Kallikak family is a study on the Heredity of Feeble-Mindedness while the Jukes family
is the study on crime, pauperism, disease and heredity.
2. The Kallikaks were an example of the heritability of feeble-mindedness while the Jukes
in particular demonstrated heritability of criminality and pauperism.
3. Both studies often cited in support of eugenic practice as family studies which
demonstrated the heritability of undesirable traits.
c. Study of Sir Jonathan Edwards Family Tree
Sir Jonathan Edwards was a famous preacher during the colonial period. His family
tree was traced and none of his descendants was found to be criminal. On the other
hand, many become the president of the United States, governor, and member of the
Supreme Court, famous writers, preachers and teachers.
Psychoanalytic and Psychiatry Theories and Studies
A. Psychoanalytic – it refers to the analysis of human behavior.
Psychology of Crime Psychoanalytic Theories

Criminal behavior is multifaceted issue that results from diverse causes. It is through
understanding of social, biological, environmental and psychological causes as well as
correlates that crime and violent behavior can be understood. As a developmental process,

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crime and violence are likely to begin during childhood, proceed to adolescence and even
into childhood.
1. Psychoanalytic Theory
This theory was formed by Sigmund Freud (1856-1939) concerning human

personality and crimes. Psychoanalytic approach argued that people’s unconscious minds
are largely responsible for important differences in their behavior styles. It emphasized
childhood experiences as critically important in shaping adult personality. It stressed the role
of the unconscious in motivating human actions.
2. Trait Theory
Trait approach identifies where a person might lie along a continuum of various
personality characteristics. Trait theories attempt to learn and explain the traits that make up
personality, the differences between people in terms of their personal characteristics, and
how they relate to actual behavior. Trait refers to the characteristics of an individual,
describing a habitual way of behaving, thinking, and feeling.
Kinds of Trait
The following are the kinds of trait according to Allport:
a. Common Traits – these are personality traits that are shared by most members of
a particular culture.
b. Individual Traits – these are personality traits that define a person’s unique
individual quality.
c. Central Traits – these are core traits that characterize an individual’s personality.
Central traits are the major characteristics of our personalities that are quite
generalized and endearing. They form the building blocks of our personality.
d. Secondary Traits – these are traits that are inconsistent or relatively superficial,
less generalized and far less enduring that affect our behaviors in specific
circumstances.
Lewis Goldberg’s Trait Theory

Goldberg proposed a five-dimension personality model with a nickname of “Big
Five” or “Five Factor Theory” and they are as follows:

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a. Extraversion – this dimension

contrasts such traits as sociable,
outgoing, talkative, assertive,
persuasive, decisive, and active
with more introverted traits such as
withdrawn, quiet, passive, retiring,
and reserved.
b. Neuroticism – people high on

neuroticism are prone to emotional
instability. They tend to experience
negative emotions and to be
moody, irritable, nervous, and prone
to worry.
c. Conscientiousness – this factor differentiates individuals who are dependable,

organized, reliable, responsible, thorough, hardworking, and preserving from those
undependable, disorganized, impulsive, unreliable, irresponsible, careless,
negligent, and lazy.
d. Agreeableness – this factor is composed of a collection of traits that range from
compassion to antagonism towards others. A person high on agreeableness would
be a pleasant person, good-natured, warm, sympathetic, and cooperative.
e. Openness to Experience – this factor contrasts individuals who are imaginative,

curious, broad-minded, and cultured with those who are concrete-minded and
practical, and whose interests are narrow.
Hans Eysenck’s Personality Trait

Eysenk believed that many personalities are classified as introvert or extrovert, and
emotionally stable or unstable.
a. Extrovert – A person who is sociable, out-going, and active.
b. Introvert – A person who is withdrawn, quiet, and introspective.
c. Emotionally Unstable – it signifies being anxious, excitable, and easily disturbed.
Four Types of Temperament are:
Melancholic - sad, gloomy

Choleric - Hot-tempered, irritable

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Phlegmatic - sluggish, calm

Sanguine - cheerful, hopeful
3. Biological Approach
Biological approach points to inherit predispositions and physiological

processes to explain individual differences in personality. It is the perspective that
emphasizes the role of biological processes and heredity and the key to
understanding behavior.
4. Humanistic Approach
Humanistic approach identifies personal responsibility and feelings of

selfacceptance as the key causes of differences in the personality. This perspective
focuses on how human have evolved and adapted behaviors required for survival
against various environmental pressures over the long course of evolution.
5. Behavioral/Social Learning Approach
Behavioral/Social Learning Approach explains consistent behavior patterns

as the result of conditioning and expectations. This emphasizes the role of
environment in shaping one’s behavior.
What is Behavioral Personality Theory?
It is the model of personality that emphasizes learning and observable behavior.
What is Social Learning Theory?
It is an explanation of personality that combines learning principles, cognition, and

the effects of social relationships.
What is Self-reinforcement?
This is praising or rewarding oneself for having made a particular response.
What is Identification?
It is a feeling from which one is emotionally connected to a person and a way of

seeing oneself or himself or herself. The child admires adults who love and care for
him/her and this encourages imitations.
6. Cognitive Approach

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Cognitive Approach looks at differences in the way people processes

information to explain differences in behavior. This perspective emphasizes the role
of mental processes that underlie behavior.
Fundamental Assumptions of Psychological Theories of Criminality and Human

Behavior in General (Mischel, 1968):
1. The individual is the primary unit of analysis in psychological theories.

2. Personality is the major motivational element that drives behavior within individuals.
3. Normality is generally defined by social consensus.
4. Crimes then would result from abnormal, dysfunctional, or inappropriate mental
processes within the personality of the individual.
5. Criminal behavior may be purposeful for the individual insofar as it addresses certain
felt needs.
6. Defective, or abnormal mental processes may have a variety of causes, i.e. a
disease of mind, inappropriate learning or improper conditioning, the emulation of
inappropriate role models, and adjustment to inner conflicts.
B. Psychiatry- refers to the study of human mind. It is the branch of medicine which exists to
study, prevent, and treat mental disorders in humans.
The following are cases of mental disturbance which are sometimes the cause of
criminality and of the development of criminal behavior:
1. Mental Deficiency
It is a condition of arrested or incomplete development of the mind existing
before the age of 18, whether arising from the inherent causes or induced by disease
or injury. A mentally deficient person is prone to commit malicious damage to
property and unnatural sex offenses. They may commit violent crimes, but definitely
not crimes involving the use of mentality.
Kinds of mentally deficient person/mental deficiency related to crime:

a. Idiots- persons with mental defectiveness of such degree that are unable to
guard themselves against common physical dangers. Their mentality is
compared to a 2-year-old person.
b. Imbeciles- persons with mental defectiveness which, though not amounting to

idiocy is yet pronounced that they are incapable of managing themselves on their
affairs. Their mentality is like a child of 2 to 7 years old.
c. Feeble-minded- those in whose case there exist mental defectiveness which,

though not amounting to imbecility, is yet so pronounced that they require care,

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supervision and control for their own or for the protection of others, or in the case
of children, they appear to be permanently incapable by reason of such defect on
receiving proper benefit from instruction in ordinary schools.
d. Schizophrenia- a form of psychosis characterized by thinking disturbance and

regression to a more relatively impaired and intellectual functions are well
preserved. The personal appearance is dilapidated and the patient is liable for
impulsive acts, destructively and may commit suicide.
e. Compulsive Neurosis- the uncontrollable or irresistible impulse to do something.

There may be an active desire to resist the irrational behavior, but said desire is
prevented by unconscious motives to act out his difficulty or to suffer miserably
from his fear.
f. Psychopathic Personality- This is the most common cause of criminality among

youthful offenders and habitual criminals. This is characterized by an infantile
level of response lack of conscience, a deficient feeling of affection to another
and aggression to the environment and other people.
Sociological Theories and Studies

Sociological causes refer to things, place and people with whom man comes in contact
and which play a part in determining actions and conduct. This causes may bring about the
development of criminal behavior and author Sutherland briefly explains the process by
which a particular person comes to engage in criminal behavior.
Sociological Notions of Criminology are as follows:
1. It attempts to connect the individual’s criminality with the broader social structures
and cultural values of society, family, or peer group;
2. How the contradictions of this interacting groups contribute to criminality;
3. The ways these structures, cultures and contradictions have historically developed;
4. The current processes of change that these groups are undergoing; and
5. Criminality is viewed from the point of view of the social construction of criminality
and its social causes.
THEORIES OF CRIME IN DIFFERENT

ERA
The theories of social scientist,

anthropologists and criminologists from
the early beginning up to the modern era
will help us understand the explanations

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on why and how the person commits crimes. The following are the key ideas to crime
and criminality.
Image Source: https://www.google.com/search?q=criminal+etiology+clip-art
EARLY BEGINNINGS
Demonological Theory
It asserted that a person committed
wrongful acts due to the fact that he was
possessed by demons or damned by other
worldly forces.
Crime is caused by demonic activity.
Offender to be purged of evil presence.
PRE 20th CENTURY

The world of criminology in this era has been divided into three broad schools of
thought that explain the causes of crimes namely;
1. Classical School 2. Neo-Classical School 3. Positivist School
This schools of thought in Criminology were already discussed on the first chapter of
this module.
EARLY 20th CENTURY
Human Ecology Theory

Human Ecology is the study of the interrelationship of people and environment. According
to Robert Ezra Park, a strong advocate of the scientific approach in explaining crimes and
criminality, the changes in the environment where the people live will cause changes in
society. He believes that the major influences of criminal behavior and crimes are the
following:
1. Competition
2. Conflict
3. Interaction
4. Isolation
5. Segregation
6. Social Contract
7. Social Hierarchy of People

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Anomie Theory
David Emile Durkheim advocated the Anomie Theory that is concerned on the sociological
point of positivist school which explains that the non-existence of norms in a society
encourages person to commit unlawful and other anti-social acts. He said that the human
conduct lies not on the individual but in the group and the social organization. He even
proposed the following principles:
1. Crime is a normal thing in a community.
2. The idea of wrong is an important ingredient to establish and recognize the value and
meaning of right.
3. Crime assists society for changes and development, since it becomes flexible when it
permits negative force to serve as basis for the establishment of positive thing.
Psychoanalytical Theory
Psychologists have regarded the study of human behavior to explain the problem in crimes.
They believed that criminality is a manifestation of psychological conflict and a criminal
behavior is a form of neurosis. Likewise, crimes happened due to poor moral development,
inadequate childhood socialization, defective conscience or emotional immaturity.
Sigmund Freud is known as Father of Psychoanalysis that explained Psychoanalytical

Theory of human personality and criminality through the relationship of Id, Ego and
Super Ego.
Image Source: www.goggle.com
The Structure of Personality/Tripartite Personality

The structure of personality is made up of three major systems: the id, the ego, and
the super ego. Behavior is always the product of the interaction among these three systems;
rarely thus one operates to the exclusion of the other two.
a. Id – id allows us to get our basic needs met. Freud believed that the id is based on
the pleasure principle, i.e. it wants immediate satisfaction, with no consideration
for the reality of the situation. Id refers to the selfish, primitive, childish, pleasure-
oriented part of the personality with no ability to delay gratification. Freud called the
Id the “true psychic reality” because it represents the inner world of subjective
experience and has no knowledge of objective reality.

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b. Ego – as the child interacts more with the world, the ego begins to develop. The
ego’s job is to meet the needs of the id, whilst taking into account the constraints of
reality. The ego acknowledges that being impulsive or selfish can sometimes hurt
us, so the id must be constrained (reality principle). Ego is the moderator between
the id and the superego which seeks to pacify both. It can be viewed as our “sense
of time and place”.
c. Superego (Conscience of Man) – the superego develops during the Phallic Stage
as a result of the moral constraints placed on us by our parents. It is generally
believed that a strong superego serves to inhibit the biological instincts of the id
(resulting in a high level of guilt), whereas a weak superego allows the id more
expression-resulting in a low level of guilt. Superego internalizes societal and
parental standards of “good” and “bad”, “right” and “wrong” behavior.
Source of Images : www.google.com
To be normal, there must be a proper balancing of the above

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components. Imbalance of disharmony may make the individual neurotic. If the superego is
deficient or improperly developed, the ego will dominate, hence the person may become impulsive
or aggressive making them more prone to commit violent acts.
Level of Awareness (Topographical Model by Freud)
a. The Conscious Level – it consists of whatever sensations and experiences the

person is aware of at a given moment of time.
b. The Preconscious Level – this domain is sometimes called “available memory” that
encompasses all experiences that are not conscious at the moment, but which can
easily be retrieved into awareness either spontaneously or with a minimum of effort.
• Examples might include memories of everything a person did last. Saturday
night, all the towns he ever lived in, his favorite books, or an argument he had
with a friend yesterday.
c. The Unconscious Level – it is the deepest and major stratum of the human mind. It
is the storehouse for primitive instinctual drives plus emotion and memories that are
so threatening to the conscious mind that they have been repressed, or
unconsciously pushed into the conscious mind.
• Examples of material that might be found in the person if unconscious
include the forgotten trauma in childhood, hidden feelings of hostility toward a
present, and repressed sexual desires of which you are unaware.
Source of Image: www.google.com

MIDDLE 20 CENTURY Somatotyping Theory
th
Ernst Kretschmer’s Physique Theory distinguish three (3) major types of physique
namely:

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a. Pyknic Type – those who are stout with round bodies. They tend to commit
deception, fraud and violence.
b. Athletic Type – those who are muscular and strong. They are usually
connected with violence.
c. Asthenic Type – those who are skinny and slender. They may commit petty
theft and fraud.
d. Dysplastic or Mixed Type – those who are less clear evident having any
predominant type. Their offenses are against decency and morality.
Somatotyping Theory
William H. Sheldon believed that heredity is the principal determinant of behavior and the
body shape or physiques is dependable and unswerving indicator of personality.
In this Somatotyping Theory, he combined the biological and psychological explanation to

understand deviant behavior and classified body physique into three categories which are as
follows:
a. Ectomorphy
They are introvert persons who
are poorly muscled and characterized by
thin physique, flat chest, predominance
of skin and fragile and delicate bones.
They are usually referred to as slim.
b. Mesomorphy
They are commonly called as
athletic type of people who behave,
act, talk aggressively characterized by
predominance of muscles, large wrist
and hand.
They tend to commit crimes of

violence.
c. Endomorphy
They are relaxed and comfortable persons with predominance of soft and
roundedness throughout the different regions of the body with short tapering limbs,
small bones and smooth velvety skin and luxurious things and condition in life.
They are essentially outgoing and gregarious or extrovert persons.
Social Class and Conflict and Capitalism Theory
Karl Marx, Frederick Engel and William Bonger are the main proponents of this theory.
They maintained that the upper class in a capitalist society is responsible for the conception of
penal law and ideological bases in the interpretation and enforcement of the laws.

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Thus, criminality is very much reflected on the exploited and abused members of the
underprivileged population which are usually unemployed or underemployed. The three
advocates of this theory focused on crimes of economic gain.
Containment Theory
Walter Reckless believed that for every individual, there are existing external and internal
forces. He said that the outer structure of a person is composed of the external pressures
liked blocked opportunities, poverty and unemployment while the internal structure are the
person’s self-control ensured by strong ego, good self-image, welldeveloped conscience, high
frustration tolerance and high sense of responsibility (Adler, 2005).
His theory is a form of control, which suggests that a series of both internal and
external factors contributes to criminal behavior.
Source of Image: www.google.com
His main focus of concern, however, was on inner containment. Our inner
containment, it was suggested, could control our behavior even when our external
environment was changing. Yet again, it was the parents who were seen as the most
influential source of control and behavior. Reckless considered the four key factors to be:
a. Self-Concept – where an individual has an image of himself as the type of person

who would either adhere to the law or to break it.
b. Goal Orientation – in reference to a person having a sense of direction in life,

purpose, and inspiration towards a ‘goal’ which is realistic and achievable in a
legitimate way.

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c. Frustration Tolerance – considers that there must be biophysical desire(s) that

urges us towards deviant behavior that are compounded by society
frustrating/thwarting our success due to the different opportunities available to us.
d. Norm Retention- this is the adherence and acceptance of laws, codes, norms,
customs and so on.
Differential Association Theory (DAT)

The main proponent of this theory is Edwin Sutherland which was regarded as the Dean of
Modern Criminology and the Father of American Criminology.
He has been regarded as the most important criminologists of the 20 th century due to the fact
that he has a brilliant explanation about crimes and criminality which is universally accepted.
He strongly believed that criminal behavior is learned and not inherited. It is learned
through socialization and communication with other people.
The techniques of committing crimes are also learned by participation with other people
through verbal and non-verbal means.
His explanation is a corrected extension of social perspective. He stated that:
“While criminal behavior is an expression of the general needs and value, it is not explained by
those general needs and value, it is not explained by those general needs and value, since non
criminal behavior is an expression of the same needs and value”.
Image Source: www.goggle.com
For example, a robber steals the property of another person with the intent to gain
and to secure money, however, industrious and honest employee works hard in order to gain
and secure money also. Both have the same needs and objectives but they have different
ways of obtaining their needs. This is known as the Differential Association Theory (DAT).
For this reason, Edwin Sutherland is considered as the Dean of Modern Criminology.
The Nine Key Points of Differential Association Theory
1. Criminal behavior is learned;

2. Criminal behavior is learned in interaction with other persons in a process of
communication;
3. The principal part of the learning of criminal behavior occurs within intimate personal
groups;

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4. When criminal behavior is learned, the learning includes techniques of committing the
crime, which are sometimes very complicated, sometimes simple and the specific
direction of motives, drives, rationalizations, and attitudes;
5. The specific direction of motives and drives is learned from definitions of the legal
codes as favorable and unfavorable;
6. A person becomes delinquent because of an excess of definitions favorable to
violation of law over definitions unfavorable to violation of the law;
7. Differential associations may vary in frequency, duration, priority, and intensity;
8. The process of learning criminal behavior by association with criminal and
anticriminal patterns involves all of the mechanisms that are involved in any other
learning; and
9. While criminal behavior is an expression of general needs and values, it is not
explained by those needs and values, since non-criminal behavior is an expression of
the same needs and values.
Conclusions about DAT
1. This conclusion negates the theory that criminal behavior is inherited;

2. Criminal behavior is not invented by the criminal himself, but learned in the process
of association with others;
3. That criminal behavior is learned in the process of communication with other persons.
The communication with another person in the process of learning criminal behavior
could either be verbal or through imitation;
4. The principal part of learning occurs within the intimate personal group. Unity among
the criminal gang is the most effective vehicle of influencing another to learn and
adopt criminal behavior. This is due to the fact that locality, faith and belief among
each other must prevail for the group to survive as one; and
5. That while the criminal behavior is an expression of general needs and values, it is
not explained by those general needs and values, it is not explained by those general
needs and values since non-criminal behavior is an expression of the same needs
and values.
LATE 20th CENTURY

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The Contemporary Pioneers:

Neutralization Theory
Gresham Sykes argued that a person will follow or break law depending upon whether
he will be benefited or not. If the societal rules are favorable to him, the latter are very much
willing to obey it, otherwise, he will transgress.
Instrumentalist Theory
Earl Richard Quinney claimed that the higher classes are using the existence of the state to
exploit the lower class by making rules for their own protection, benefit and interest.
Differential Opportunity Theory

Lloyd Ohlin explained that there are different opportunities for the lower and upper classes
of society to gain success. The former is usually deprived of the abundant resources that the
latter is enjoying. This pushes the members of the underprivileged to get involved to
illegitimate activities in order to achieve their ambitions and to become equal to the standing
of the white collar people in the economic power in society.
Strain Theory
Robert King Merton is the leading sociologists of the late 20th century who also related
criminality to lack or absence of norms in the society. He asserted that a man who failed to
attain higher status of life will induce him to violate laws in order for that condition or purpose
to be accomplished.
Sub Culture Theory

Albert Cohen stated that the lower class cannot socialize effectively to the middle and higher
classes because the latter would not like to welcome the behavior of the former. Hence, the
members of the lower class gather together to share their common concerns which
subsequently form a sub culture that rebuffs middle class values.
Labelling Theory by Lemert, Becker and Tennenbaum

The believed that a person who did a wrongful act is not considered criminal unless he is
labelled as such.

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Image Source: https://onlinedegrees.kent.edu/sociology/criminal-justice/community/criminal-behavior-theories
Imitation-Suggestion Theory of Gabriel Trade

Delinquency and crime are matters that are learned and adopted. The learning
process may either be conscious type of copying (suggestion) of confronting patterns of
behavior. The pattern of crime, like fashion may easily fade, may last for a long time and
may be transmitted from generation to generation. It may also spread from the place to its
origin going outward to the periphery.
Symbolic Interactionism
Symbolic Interactionism draws on the phenomenology of Edmund Husserl and
George Herbert Mead. This perspective relies on the symbolic meaning that people develop
and rely upon in the process of social interaction. Thus, society is thought to be socially
constructed through human interpretation. People interpret one another’s behavior and it is
these interpretations that form the social bond. These interpretations are called the
“definition of the situation”.
Drift Theory
Delinquent youth were neither compelled nor committed to their delinquent actions,
but were simply less receptive to other more conventional traditions. Thus, delinquent youth
were “drifting” between criminal and non-criminal behavior, and were relatively free to
choose whether to take part in delinquency.
Routine Activity Theory

Routine activity theory developed by Marcus Felson and Lawrence Cohen, draw
upon control theories and explained crime in terms of crime opportunities that occur in
everyday life. A crime opportunities require that
elements converge in time and place including
the following:
a. A motivated offender;
b. Suitable target or victim; and
c. Lack of capable guardian.

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A guardian at a place such as a street, could include security guards or even ordinary
pedestrians who would witness the criminal act and possibly intervene or report it to the
police. The theory was explained by John Eck, who added a fourth element of “place
manager” such as rental property managers who can take nuisance abatement measures.
Control Theory by Travis Hirchi

Hirchi’s Control Theory is significant to crime prevention; this approach is also called
as social bond or social control theory. Instead of looking for factors that make people
become criminal, this theory tries to explain why people do not become criminal. Thus,
Hirschi identified four main characteristics such as the following:
a. Attachment to others;
b. Belief in moral validity of rules;
c. Commitment to achievement; and
d. Involvement in conventional activities.
The more a person features those characteristics, the less are the chances that he or
she becomes deviant (or criminal). On the other hand, if those factors are not present in a
person, it is more likely that he or she might become criminal.
Control Theory proposed that exploiting the process of socialization and social
learning builds self-control and reduces the inclination to indulge into a behavior recognized
as antisocial.
Four types of Control are:
a. Direct – by which punishment is threatened or applied to wrongful behavior, and

compliance is rewarded by parents, family, and authority figures.
b. Indirect – by which a youth refrains from delinquency through the conscience or

superego.
c. Internal – by identification with those who influence behavior, say because his or her
delinquent act may cause pain and disappointment to parents and others with whom
he or she has close relationships.
d. Control through needs satisfaction, i.e. if all of an individual’s needs are met, there
is no point in criminal activity.
Geography and Crime
Earlier criminologists correlated climate, humidity, wind velocity, atmosphere, pressure,

rainfall, nature of soil and other geographical factors to the existence and development of

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crimes and criminals. The following are some of the explanations formulated by
criminologists about geography and crime:
1. North and South Pole – according to Adolph Quetelet (Thermal Law of

Delinquency), crimes against person are more common in hotter climates and
seasons, whereas crimes against property are more common in cooler climates and
seasons.
2. Approach to the Equator – According to the Charles de Montesquieu (Spirits of

Laws, 1748), criminality increase in proportion as one approaches the equator and
drunkenness increases as one approach the North and South Pole.
3. Season of the Year – crimes against a person is more in summer than in the rainy
season. A climate condition directly affects one’s irritability and cause criminality.
During the dry season, people get out of the house more, and there is more contact
and consequently the more probability of personal violence.
4. Soil Formation – more crimes of violence are recorded in fertile level lands than in
hilly rugged terrain. There are more congregations of people and there is more
irritation. There is also more incidence of rape in level districts.
5. Month of the Year – there is more incidences of violent crimes during the warm
months from April – July having its peak in May. This is due to festivals, excursions,
picnics and other sort of festivities wherein people are more in contact with one
another.
6. Temperature – according to Dexter, the number of arrest increases quite regularly

with the increase in temperature because it affects the emotional state of the
individual and leads to fighting. The influence of temperature upon females is greater
than upon males.
7. Humidity and Atmosphere Pressure – according to a survey, large numbers of

assaults were found to be correlated with low humidity and a small number with high
humidity. It was explained that low and high humidity is both vital and depressing to
the individual.
8. Wind Velocity – during high wind, the number of arrests is less. It may be due to the
presence of more carbon dioxide in the atmosphere that lessens the vitality of men to
commit violence.

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MODULE 3
CRIME, LAW AND CRIMINAL BEHAVIOR
Module three (3) focuses on the discussion of the basic concepts in understanding
criminology such as, crime, law and criminal behavior.
In this module you will identify the different types of crimes, criminals and criminal behavior. It
will also provide ideas under which penal or criminal laws are developed as a process of
formal social control.

1. understand the concept of crime, law and criminal behavior.
2. recognize the different typology of crimes, criminals and criminal behavior.
3. adhere to the principles of Criminal Law.
MOTIVATION
Before we get started, here is a chicken and egg question for you to ponder:

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“Which came first, the criminal

or the law?”
MODULE3- LESSONNOTES
INTRODUCTION TO SOCIOLOGY OF LAW
Sociology of Law refers to both a sub-discipline of sociology and an approach within

the field of legal studies. Sociology of law is a diverse field of study, which examines the
interaction of law with other aspects of society: such as the effect of legal institutions,
doctrines and practices on other social phenomena and vice versa. Some of its areas of
inquiry includes the social development of legal institutions, the social construction of legal
issues, and the relation of law to social change. Sociology of law overlaps with jurisprudence,
economic analysis of law and more specialized subjects such as criminology.
General Types of Law
In general, there are three types of law and they are as follows:
1. Natural Laws are rooted in core values shared by many cultures. Natural Laws protect
against harm to persons (e.g. murder, rape, assault) or property (theft, larceny,
robbery), and form the basis of common law system. In the Philippine setting, Natural
Laws, therefore, are those crimes contained in the revise penal code (RPC) which is
called mala inse.
2. Statutory Laws are enacted by the legislatures and reflect current cultural mores,
albeit some laws may be controversial, e.g. laws that prohibit marijuana use and
gambling. In the Philippine setting, Statutory laws are those penal laws created by the
Congress (House of Representatives and Senate) which is called mala prohibita.
3. Divine Laws are those rules enshrined in the Holy Book. For the Christians, they call it
Bible. Hence, Christians have their Ten Commandments. However, Divine Laws vary
depending on the religious denomination each person belongs to, since the world is
composed of various religious convictions.

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WHAT IS CRIMINAL LAW?

It is that branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.
Sources of Criminal Law are:
a. The Revised Penal Code (Act No. 3815) and its amendments.
b. Special Penal laws (statutes) passed by the Philippine Commission, Philippine
Assembly, Philippine Legislature, national Assembly, the Congress of the Philippines,
and the Batasang Pambansa.
c. Penal Presidential Decrees issued during Martial Law.
Characteristics of Criminal Law are:
1. Generality – It provides that criminal law is binding on all

persons who live or sojourn in the Philippine territory.
2. Territoriality – it states that criminal laws undertake to

punish crimes committed within the Philippine territory
with the exemptions provided under Article two (2) of the
Revised Penal Code.
3. Prospectivity – It states that a penal law cannot make an

act punishable in a manner in which it was not punishable
under the laws in force at the time of their commission.
Theories of the Penal Code

The Old Penal Code, which is at present known as the Revised Penal code was based
on the two prominent suppositions, namely: Classical and Positivist Theory.
Classical Viewpoints are as follows:
1. The foremost principle of the penal code is the basis of criminal liability is human
freewill and the purpose of the penalty is retribution.
2. To the classicist, and the framers of the Old Penal Code, man was essentially a moral
creature absolutely having a freewill to choose between good and evil, thereby placing
more stress upon the effect or result of the felonious act than upon the man, the
criminal himself.
3. They assert that man should only be adjudged and held accountable for wrongful act
so long as freewill appears unimpaired.

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4. It has endeavored to establish a mechanical and direct proportion between crime and
penalty.
Positivist Viewpoints are as follows:
1. The classical method considers the offender as an abstract being, and of prefixing for
him, through a series of hard and fast rules, a great multitude of penalties with scant
regard to the human element.
2. The positivist principle deviates from the classical school in connection with crime and
with the criminal. The positivist holds that man is subdued occasionally by a strange
and morbid phenomenon which constrains a man to do wrong in spite of or contrary to
his volition.
3. Crime is essentially a social and natural phenomenon and as such, it cannot be treated
and checked by the application of abstract principles of law and jurisprudence nor by
the imposition of a punishment fixed and determined a priori but rather, through the
enforcement of individual measures in each particular case after a thorough, personal
and individual examination conducted by a competent body of psychiatrics and social
scientists.
Brief History of Philippine Criminal Laws

Before the Code of Kalantiao was promulgated in 1433, the people of Pre-Spanish
Philippines had a customary and unwritten law. Some of the most striking laws promulgated
during this period were as follows:
a. Due respects to elders and parents;

b. Strict obedience of children to their parents;
c. Strict fulfillment of contract; and
d. Equality of husband and wife both socially and in control of their property
With the promulgation of the Code of Kalantiao, the penal laws were made severe and
extensive. According to the Code, the penalties for felonies and other misdemeanors were:
a. Death,
b. Incineration,
c. Mutilation of fingers;
d. Slavery, flagellation,
e. Being bitten by ants,
f. Swimming underwater for time and other disciplinary penalties.
The Code likewise provided severe

punishment for men who were cruel to their
wives. Husbands who maltreated innocent
wives were sentenced to death. Adultery, as

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well as the contracting of marriage to very young girls were severely

punished.
The following were some of the most significant attributes of the Kalantiao
Code:
I. Ye shall not kill; neither shall ye steal, neither shall ye hurt the aged; lest ye incur
the danger of death. All those who infringed this order shall be condemned to
death by being drowned with stones in the river, or in boiling water,
II. Ye shall obey. Let all obey. Let your debts with headmen be met punctually. He
who does not obey shall receive for the first time one hundred lashes.
III. Who does not comply with, obey, and observe this order shall be condemned to
swim for three hours (for the first time), and for the second time, to be beaten to
death with sharp thorns or for the third time, shall be lacerated with thorns.
IV. Ye shall obey; he, who makes exchanges for food, let it always be done in
accordance with his work.
V. He, who does not comply, shall be beaten for one hour, he who repeats the
offense shall be exposed for one day among ants.
VI. Slavery of doom (certain period of time) shall be suffered by those who steal
away women of the headmen; by him who keeps ill-tempered dogs that bite the
headman; by him who burns the fields of another.
VII. All those, shall be beaten for two days, who sing while travelling by night; kill the
bird mana-ol; tear the documents belonging to the headman… … or mock the
dead.
VIII. They shall be burned; those who by their strength, cunning have mocked at and
escaped punishment; or who kill young boys, or to steal away the woman of the
agorangs (oldmen).
WHAT IS CRIME?
1. It is an act or omission in violation of a criminal law in its legal point. It is the generic
term for all violations of law.
2. An anti- social act; an act that is injurious, detrimental or harmful to the norms of
society; they are the unacceptable acts in its social definition.
3. Psychologically, crime is an act, which is considered undesirable due to behavioral
maladjustment of the offender; acts that are caused by maladaptive or abnormal
behaviors.
Crime could be in the form of:
1. Felonies – those in violation of the Revised Penal Code.

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2. Offenses – those in violation of statutes. It is an act or omission that is punishable by

special laws (a special law is a statute enacted by Congress, penal in character, which
is not an amendment to the Revised Penal Code) such as Republic Acts, Presidential
Decrees, Executive Orders, Memorandum Circulars, Ordinances and Rules and
Regulations (Reyes, 1960).
3. Misdemeanors – those in violation of ordinances. These are acts that are in violation
of simple rules and regulations usually referring to acts committed by minor offenders.
Thus, it is logical to say that,

all felonies are crime but
not all crimes are felonybecause crime could also be in the
form an offense or misdemeanor (Eduardo, 2018).
The Elements of Crime

Criminological concept posits that crime exists through the presence of:
1. Motive (M) – motive refers to the moving power which impels one to act for a define
result. It is what induces or pushes the person to commit the crime.
2. Opportunity (O) – opportunity refers to the chance or time given to the offender in
committing the crime.
3. Instrumentality or Capability (I/C) – instrumentality refers to the use of materials in

the commission of crime while capability speaks of the physical capability of a person to
perpetrate a crime.
For example, Pedro, an impotent, cannot be convicted of rape through forcible
sexual intercourse since his sexual organ has no capacity to erect; Pedro is incapable.

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M I/C
The Triangle of Crime
Note: Crime will not occur if one of the elements is not present.
CRIMINAL FORMULA
According to Abrahamsen in his book entitled “Crime and Human Mind” in 1945, he explained
the causes of crime by this formula:
C= (T + S) / R Where:
C- Crime/Criminal Behavior (Act)
T- Tendency (Desire/Intent)
S- Situation (Opportunity)
R- Resistance to Temptation (Control)
General Classifications of Crimes:
Legal Classifications of Crime
1. As to the manner of commission:
a. By means of dolo or deceit – when the act was done by deliberate

intent.
Example: Murder, Qualified Theft
b. By means of culpa or fault – when the wrongful act resulted from imprudence,
negligence, lack of foresight or lack of skill. Example:
Reckless negligence resulting in damage to property

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2. As to the stages of commission:
a. Attempted crime – when the offender commenced the commission of the felony
directly by overt acts and does not perform all the acts of execution, which could
produce the felony by reason of some causes or accident other than this own
spontaneous desistance.
Example: Attempted Arson
b. Frustrated crime – when the offender has performed all the acts of execution,
which will produce the felony as a consequence, but which, nevertheless, do not
produce the felony by reason of causes independent of the will of perpetrator.
Example: Frustrated Homicide
c. Consummated crime – when the elements necessary for its execution and
accomplishment are all present.
Example: Treason
3. As to the plurality:
a. Simple crime – when a single act constituted only by one offense.

Example: Theft
b. Complex crime – when a single act constituted two or more grave felonies or
when an offense is a necessary means for committing the other. Example:
Forcible Abduction with Rape
4. As to the gravity of penalty:
a. Grave felonies – those to which the law attaches the capital punishment or
afflictive penalties.
Example: Kidnapping
b. Less grave felonies – those which the law punishes with penalties which are
correctional in nature.
Example: Adultery
c. Light felonies – those infractions of law for the commission of which the penalty
of arresto menor or a fine not exceeding 200 pesos or both are imposed.
Example: Malicious Mischief
5. As to the category or basis of criminal act:

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a. Crimes against National Security and the Law of Nations.

Example – Treason, Espionage, Piracy
b. Crimes against the Fundamental Law of the State.

Example – Arbitrary Detention, Violation of Domicile
c. Crimes against Public Order.
Example – Rebellion, Sedition, Coup d’état
d. Crimes against Public Interest.

Example – Forgery, Falsification, Fraud
e. Crimes against public Morals

Example – Gambling and betting, offences against decency and good customs
like scandals, obscenity, vagrancy, and prostitution
f. Crimes Committed by Public Officers

Example – Malfeasance and Misfeasance
g. Crimes against Person

Example – Murder, Rape, Physical Injuries
h. Crimes against Properties

Example – Robbery, Theft
i. Crimes against Personal Liberty and Security

Example – Illegal detention, Kidnapping, Trespass to Dwelling, Threat and
Coercion
j. Crimes against Chastity

Example – Concubinage, Adultery, Seduction, Abduction, Acts of
Lasciviousness
k. Crimes against Civil Status of persons

Example – Bigamy and other Illegal Marriages
l. Crimes against Honor

Example – Libel, Oral Defamation
m. Quasi-offenses or Criminal Negligence

Example – Imprudence and Negligence
Criminological Classifications of Crimes

Crimes can be classified criminologically as to the following:
1. As to the result:

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a. Acquisitive crime – when the offender acquires something as a

consequence of his criminal act.
Example: Robbery, Estafa
b. Extinctive crime – when the end result of a criminal act is

destructive.
Example: Arson, Abortion
2. As to the crime or period of commission:
a. Seasonal crime – those committed only during a certain period of the year.
Example: Violation of the tax law
b. Situational crime – those committed only when given the

situation conducive to its commission.
Example: Theft
3. As to the length of time of commission:
a. Instant crime – those committed in the shortest possible time.

Example: Snatching
b. Episodic crime – those committed by a series of facts in a lengthy space

of time.
Example: Kidnapping
4. As to the place or location of the commission:
a. Static crime – those committed only in one place.

Example: Slight Physical Injuries
b. Continuing crime – those that can be committed in several places. Example:

Terrorism
5. As to the use of mental faculty:
a. Rational crime – those committed with intent and offenders are in full
possession of their sanity.
Example: Coup de etat
b. Irrational crime – those committed by persons who do not know the nature and
quality of their act on account of the disease of their mind.

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Example: Theft of a Kleptomaniac
6. As to the social status of the offender:
a. White collar crime – those committed by persons of respectability and upper

socio-economic class in the course of their occupation activities. Example:
Falsification of Public Documents
Components of White-Collar Crimes

• Stings and Swindles – A white-collar crime in which people use their
institutional or business position to bilk people out of their money. Offenses in
this category range from fraud involving the door-to-door sale of faulty
merchandise to passing millions of dollars in counterfeit stock certificates to an
established brokerage firm.
• Chiseling – Chiseling involves charging for bogus auto repairs, cheating

customers on home repairs, cheating customers on home repairs, or
shortweighting (intentionally tampering with the accuracy of scales to weigh
products) in supermarket or dairies,
• Individual Exploitation of Institutional Position – it involves individuals

exploiting their power or position in organizations to take advantage of other
individuals who have an interest in how that power is used.
• Influence Peddling and Bribery – Committed by an individual’s holding

important institutional position shell power, influence and information to
outsiders who have an interest in influencing or predicting the activities of the
institution. Offenses within this category include government employees’ taking
kickbacks from contractors in return for awarding them contracts they could not
have won on merit, or outsides’ bribing government officials.
• Embezzlement and Employee Fraud – It involves individuals’ use of their

positions to embezzle company funds or appropriate company property for
themselves. Here the company or organization that employs the criminal,
rather than an outsider, is the victim of white-collar crime.
• Client Fraud – A theft by an economic client from an organization that

advances credit to its clients or reimburses them for service rendered. These
offenses are linked together because they involved cheating an organization
(such as a government agency or insurance company) with many individual
clients that the organization supports financially (such as welfare clients),
reimburses for services provided (such as health care providers), covers losses
of (such as insurance policy holders), or extends credit to (such as bank clients
or taxpayers). Included in this category are insurance frauds, credit card fraud
related to welfare and Medicare programs, and tax evasion.

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• Corporate Crime – it involves situations in which powerful institutions or their

representation willfully violate the laws that restrain these institutions from
doing social harm or require them to do corporate or organizational crime.
b. Blue collar crime – those committed by ordinary professional criminals to

maintain their livelihood.
Example: Drug Pushing
7. As to the standard of living of the criminals:
a. Crime of the upper world – those committed with the high degree of skill.
b. Crime of the underworld – those committed through limited

ability.
Classification of Crimes According to the Police

The Philippine National Police (PNP) classified crimes as index crimes or non-index
crimes for purposes of the uniform crime reporting system.
1. Index crimes- are serious in nature and which occur with sufficient frequency and
regularity such that they can serve as an index to the crime situation: They are further
classified into:
• Crimes against Person
Example: murder, homicide, physical injury and rape.
• Crimes against Property Example: Robbery and theft.
2. Non-Index crime- mostly violations of special laws such as crimes against morals and
order (prostitution, vagrancy, alarm and scandal, assault, assistance to authority),
Corruption of public officials (gambling, slander and libel, threat and coercion and
trespassing), Crimes against Chastity (abduction, seduction, lascivious acts), other
crimes against property (estafa and falsification, malicious mischief, damage to
property). These crimes are generated from result of positive police initiated
operations.
Crime, Sin and Immorality
When does crime exist?
In the Legal Viewpoint
Crime exists the moment a person has been proven guilty by the
court. The main objection to this view is a terrific morality of cases between the

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times a crime has been reported up to the crime of conviction is made by the
court (Maglinao, G., 2001).
In the Scientific Point of View
Crime exists the moment it is reported. This is more realistic but not
all reported cases are with sound basis of true happening. Some also they are
also unfounded (Maglinao, G., 2001).
Why does Crime Exist?
There is crime because of the existence of law. The Principle of Logomacy states that,
“there is no crime if there is no law punishing it”. Similarly, the Spanish text states, “nullum
crimen nulla poena sine lege”. Thus, in order to eliminate crime in a certain area it also
requires the abolition of law. However, law is a form of social control and the absence of
regulation in the community leads to the chaos to the people within that area. Furthermore,
without the decree to control the people the “Law of the jungle” will prevail.
The Law of the Jungle speaks about “Survival of the Fittest” or in Tagalog parlance,
“Matira ang Matibay”. In the forest, there is no law applicable to control those animals which
lead to the preying of those weak creatures by those tough animals. It is, therefore, assumed
that only the Lion (the king of the forest) will survive in the jungle because it can physically
outsmart other beings in the jungle.
Between Crime and Sin:
1. Crime is an act or omission against the penal law of a state while Sin is an act or
omission against the spiritual or divine law.
2. The penalty for the crime is imprisonment or fine or both, or even death while for a
sinner, to Christian believers, is an inferno.
Between Crime and Immorality:

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1. Crime is committed against the law of the state while Immortality is committed against
the unwritten social norms in the locality.
2. Crime is fixed by statute, while Immorality is not.
3. Crime is Nationalistic while Immorality is regionalist ic.
Why members of the society must be concerned with the study of crime?
1. Crime is pervasive – almost all members of a free society were once upon a
time a victim or an offender in a criminal act. Crime as an associate of society
affects almost all people – regardless of age, sex race, nationality, religion,
financial condition, education and other personal circumstances.
2. Crime is expensive – the government and private sector spend an enormous amount
of money for crime detection, prosecution, correction and prevention.
Those expenses are either:
a. Direct expenses – those spent by government or private sector for the

maintenance or the police and security guards for crime detection, prosecution
and judiciary, and support of prison systems.
b. Indirect expenses – those expenses utilized to prevent the commission of

crimes like the window grills, fences, gates, purchase of door locks, safety
vaults, hiring of watchmen, feeding of watchdog, etc.
3. Crime is destructive – many lives have been lost because of the crimes like murder,
homicide and other violent deaths. Property has been lost and destroyed in account of
robbery, theft and arson.
4. Crime is reflective – crime rate or incidence in a given locality is reflective of the

effectiveness of the social defenses employed by the people primarily of the police
system.
5. Crime is progressive – crime increases in volume of the account of the increasing

population. The ever increasing crime rate and its technique show the progressive
thinking of the society for advancement.
WHO IS A CRIMINAL?
Criminal, in the legal sense, refers to any person who has
been found to have committed a wrongful act in the course of the
standard judicial process. There must be a final verdict of his guilt.

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In the criminology sense, a person is already considered as criminal the

moment he committed any anti-social act even without conviction.
Distinction between Criminal and Delinquent
A criminal refers to a person who has violated a penal law and has been found Guilty
of the crime charged upon observance of the standard judicial procedure while a delinquent
is a person who merely committed an act not in conformity with the norms of society.
General Classifications of Criminal
1. On the basis of etiology:
a. Acute criminals – those who violate criminal law because of the impulse of the
moment, fit of passion or anger or spell of extreme jealousy.
b. Chronic criminals – those criminals who acts in consonance with deliberate

thinking. He commits crime with his full sanity.
2. On the basis of behavioral system:
a. Ordinary criminals – the lowest form of criminal career. They engage only on
conventional crimes which require limited skills. They lack organization to avoid
arrest and convictions.
b. Organized criminals – they have high degree of organization to enable them to

commit crimes without being detected or committed to specialized activities which
can be operated in large scale business. Force, violence, intimidation, and bribery
are used to gain and maintain control over economic activities. Special types of
this include various forms of racketeering, control of gambling, prostitution and
distribution of prohibited drugs.
3. On the basis of activities:
a. Professional criminals – those who earn their living through criminal activities.
b. Accidental criminals – those who commit criminal acts as a result of

unanticipated circumstances.
c. Habitual criminals – those who continue to commit criminal acts for such diverse
reason due to deficiency of intelligence and lack of self-control.

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d. Situational criminals – those who are actually not criminals, but constantly in
trouble with legal authorities because they commit robberies, larcenies,
embezzlements, which are intermixed with legitimate economic activities.
4. On the basis of mental attitudes:
a. Active aggressive criminals – those who commit crime in an impulsive manner,

usually due to the aggressive behavior of the offender. Such attitude is clearly
shown in crimes of passion, revenge and resentments.
b. Passive inadequate criminals – those who commit crimes because they are
pushed to it by inducement, by reward or promise without considering its
consequence.
c. Socialized delinquent criminals – those who are normal in their behavior, but
merely defective in their socialization process. To this group belongs the educated,
respectable member of society who may become criminal on account of the
situation they are involved in.
5. Based on Legal Classification:
a. Habitual Delinquent is a person who, with in a period of ten years from the
date of the release or last conviction of the crimes of serious or less serious
physical injuries, robbery, estafa, or falsification, is found guilty of any of the
said crimes or a third time offender.
b. 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 the Revised Penal Code.
UNDERSTANDING HUMAN BEHAVIOR

Behavior is defined as an organism’s responses to stimulation or environment. If one would
like to understand the study of human behavior, it is just fitting and proper to discuss its basic
types, kinds and aspects.
Two Basic Types of Behavior

1. Inherited Behavior
This refers to any behavioral response or reflex exhibited by people due to their
genetic endowment or the process of natural selection. This is otherwise known as
innate behavior.
2. Learned Behavior This involves cognitive adaptation that enhances the human
being’s ability to cope with changes in environment and to manipulate the environment
in ways, which improve chances for survival. It is also called as operant behavior.

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Kinds of Behavior
It is necessary to know the several kinds of behavior because this will serve as the basis on
what approach to be used to properly handle the behavior of the person particularly the
perpetrator. As cited by Alicia Kahayon, behavior may be:
1. Conscious or Unconscious
When the person is aware of his actions this is classified as Conscious Behavior.
On the contrary, if the acts are embedded in one’s sub consciousness, it is
Unconscious or unaware.
2. Overt or Covert
Overt Behavior is directly observable while Covert Behavior is not visible to the naked
eye. The former is outwardly manifested while the latter is hidden.
3. Rational or Irrational
The action is Rational when it is done with sanity while the Irrational Behavior is done
without knowing the nature and consequences of the action.
4. Voluntary or Involuntary
Voluntary Behavior is an act done willingly while the Involuntary refers to the body
activities and processes that we cannot stop even we are sleeping like breathing,
circulation of the blood and metabolism.
5. Simple or Complex
These are activities classified based on the number of neurons involved. If there is less
neuron used in a certain act, this is categorized as Simple Behavior. On the other
hand, if there is more of neuron used, it is Complex Behavior.
Aspects of Behavior
1. Intellectual
This refers to the mental processes such as decision making, reasoning and solving
problems.
2. Social
This refers to our interaction and relationship with other people.
3. Emotional
This is concern with our feelings, moods and temper.
4. Psychosexual
This is concern on our state of being whether man or woman because it is referring to
our expression of love to another person irrespective of sex.

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5. Political
This aspect of behavior involves our ideology towards the government.
6. Moral
This pertains to our conscience whether the action is good or bad.
7. Attitude/Value
This aspect of behavior pertains to our likes and dislike or our interest towards
something.
The most interesting topic under the study of behavior is

human behavior which refers to the voluntary or involuntary attitude of a person adopts
to fit society’s idea of right or wrong. It is partly determined by heredity and
environment, and modified through learning. It is also the way human being act.
Types of Human Behavior

The following are the four (4) types of human behavior:
1. Instinctive This type of behavior is unlearned, since the person’s action is dictated by
his instinct. Like for instance, the child puts in his mouth anything that he holds or
touches because it is dictated by his instinct, which is basically based on the principle
of pleasure.
2. Habitual This type of behavior deals with person’s motor, emotional and language
that is regularly repeated and tends to occur subconsciously. Example is drinking
every morning your favorite coffee, yummy!
3. Complex
This type of behavior is characterized by two or more habitual behavior occur in one
situation like driving while singing or reading while listening to your favorite song.
4. Symbolic
This type of behavior happens when a person uses sign or substitutes for words to
describe a particular thing or event. A traffic enforcer uses his hands and other body
parts to signal the motorists whether to stop, get ready or go in the absence of traffic
light signals.

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Factors that Influence Human Behavior

1. Heredity
Genes are segments of cell structures called chromosomes by which parents pass on
traits to their offspring; genes are composed of chemical substances that give the
offspring a tendency towards certain physical and behavioral qualities.
2. Environment
It consists of the condition and factors that surround and influence an individual.
3. Learning
This is the process by which behavior changes because of experience or practice.
Defense Mechanism
When a person is threatened by severe emotional injury arising from frustration, he resorts to
unconscious psychological processes, which serve as a psychological equilibrium. This self-
deceiving emotional conflict and anxiety known as defense mechanism, which is categorized
into the following:
1. Compromise Reaction
a. Compensation
It is a process of balancing inferiority by doing well I another activity, one thinks
he could succeed.
b. Substitution
It is a process of replacing unattainable or unacceptable goal by one that is
attainable or acceptable.
c. Isolation
It is the process of avoiding conflict.
d. Sublimation
It is a process of changing unacceptable impulses or needs into socially and
culturally acceptable channels or means.
2. Aggressive Reaction
a. Suicide
It is a process of destroying oneself.
b. Displacement
It is a process of directing anger to something other than the one he is
somewhat angry at.
c. Projection

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It is a process of blaming others for one’s own mistake.
3. Withdrawal
a. Depression
It is a process of excluding memories causing pain.
b. Regression
It is a process of going back to a pattern of behaving which was proper to an
earlier stage of development.
c. Fantasy
It is also known as daydreaming. It is a process of imagining sequence of
events or mental images that serves to express unconscious conflicts, to gratify
unconscious wishes or to prepare for an unanticipated future event.
d. Nomadism
It is a process of travelling, migrating or loitering as a form of withdrawal from
the present problem or sad reality of life.
e. Reaction Formation
It is a process of doing the opposite of that we do not want to recognize. It is
shown, when an individual is motivated to act in a certain way, but behaves in
the opposite way, and be able to keep his urges and impulses under control.
UNDERSTANDING CRIMINAL BEHAVIOR
Criminal behavior may also refer to a study of the human conduct focused on the
mental processes of the criminal: the way he behaves or acts including his activities
and the causes and influences of his criminal behavior.
Sexual Behavior Leading to Sex Crimes

1. As to choice of partner
a. Bestiality
It is a morbid propensity to have a sexual intercourse with an animal such
as dog, cat, goat, horse or carabao.
b. Incest
It is a sexual relationship between people who cannot legally marry by
reason of blood affiliation.
c. Gerontophilia
It refers to the erotic desire with the elder person.
d. Pedophilia

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It is a compulsive sexual desire with a child.
e. Auto Sexual
This is commonly known as masturbation/ self-gratification or self-abuse
because this sexual activity is carried without the cooperation of anybody.
f. Necrophilia
It is a sexual perversion with a corpse or dead body.
2. As to mode of expression
a. Algolagnia
Sexual gratification is attained through pain or cruelty. There are two sub
classifications of Algolagnia namely; Sadism and Masochism.
Sadism
Sexual pleasure is achieved through the infliction of pain on the sexual
partner.
Masochism
Sexual stimulation is obtained through the infliction of pain to oneself.
b. Oralism
The satisfaction is attained by the use of mouth or tongue. Below are the
three sub-classifications of Oralism:
Fellatio
It is the licking and sucking of the male sex organ (penis) which initiates
orgasm.
Anillingus
It is the licking of the anus of the sexual partner. This is also called as
Anilism.
Cunnilingus
In the parlance of sexual maniac, this is commonly called as Brotchang
Lababo, Silindro or Sisis Marino, since the unexplainable sexual
satisfaction is attained by licking the female genitalia.
3. As to number of participants in sexual act

a. Pluralism
This is called as Sexual Festival, since there are several participants on
this sexual activity.
b. Triolism

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There are three participants on this sexual activity. It may be one man
and two women or two men and one woman.
4. As to part of the body

a. Frottage
It refers to the rubbing of sex organ to the body parts of the partner in
order to achieve sexual gratification.
b. Partialism
This is the sexual libido on any part of the body of the sexual partner.
c. Uranism
Sexual happiness is attained through the licking of partner’s body, holding
the breast and fingering the genital organ.
d. Sodomy
It is a sexual act characterized by the insertion or penetration of the penis
or any object to the anus of the sexual partner.
5. As to sexual reversal
a. Fetishism
By just looking at some body parts, underwear or any objects associated
with the partner, sexual enjoyment is achieved.
b. Homosexuality
For female relationship, this is known as Lesbianism or Tribadism wherein
the sexual behavior is directed towards the same sex.
c. Transvetism
Sexual satisfaction is obtained by wearing apparel or underwear of the
opposite sex.
6. As to sexual urge
a. Satyriasis
It refers to a strong sexual urge of man to have sexual intercourse.
b. Nymphomania
It is an extreme sexual desire of a woman to have sexual intercourse.
7. As to visual stimulus
a. Scoptophilia
This is a sexual behavior characterized by deliberately watching undress
or nude people especially during sexual activity.

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b. Voyeurism
The sexual satisfaction is obtained through watching person doing
something which might undress herself in a private area like toilet or
dressing room. The maniac is called Peeping Tom who usually
masturbates while doing his sexual behavior.
8. Other sexual abnormalities

a. Don Juanism
The man is commonly known as Womanizer or Babaero. It is the act of
seducing women without permanency of sexual partner.
b. Exhibitionism
It is an indecent exposure of sex organs to others.
c. Coprolalia
The sexual happiness and excitement is attained by using obscene
language while having sexual intercourse.
CHAPTER 4
MEASURING CRIME
Chapter four (4) focuses on the discussion of the theoretical nature of crime statistics and its
importance in measuring crimes. The measurement of crime is an important topic, but it is
frequently overlooked by criminologists. This is unfortunate, since accurate crime data are
needed to adequately test theories of offending and victimization as well as to assess the
effectiveness of public policies.
In order to understand crime and the criminal justice system, we need to understand
the prevalence of crime. Good crime statistics are critically important to understanding crime
trends. In this chapter, you will identify the different crime formulas to include the procedures
and counting mechanism on measuring crime related incidents.

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1. Understand the theoretical nature of crime statistics.
2. Apply the different formulas in measuring crime.
MOTIVATION
Before we get started, here are some interesting facts about 2018 crime statistics in the
Philippines:
Quezon City has the highest crime volume in the

Philippines with 41,152 as of 2018.
Ormoc City in Eastern Visayas has the least crime

incidents recorded with only 134 as of 2018.
Las Pińas City has the highest crime solution efficiency

in the Philippines with 95.68 as of 2018.
References:
1.Tupas, Emmanuel (February 26, 2019). "PNP: Total crime volume down in 2018". Retrieved July 5, 2020.
2.Macapagal, Maan (May 26, 2018). "PNP: Quezon City has highest crime volume, least number of cases solved". Retrieved
July 5, 2020.
CRIME STATISTICS
Crime Statistics provide a mathematical measure of the level
or amount of crime that is prevalent in societies. It usually refers to
figures compiled by Police and similar law enforcement agencies.
Crime statistics are also frequently used as an evaluation tool

for justice programs. If the rate of a particular crime is falling, then
what the system is doing will seem to be working. If the rate of a
particular crime is rising, then it will seem to indicate that the
criminal justice system is failing.
CRIME VOLUME

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Crime Volume is the number of crime incidents committed

in a given area over a period of time which include the index
and non-index crimes.
Crime Volume = Index Crimes + Non-Index Crimes

Formula for Crime Volume:
Index Crime are crimes which are serious in nature and which occur with sufficient frequency
and regularity such that they can serve as an index to the crime situation in the Philippines,
we consider only the actual crimes of murder, homicide, physical injury (serious and less
serious), carnapping, cattle rustling, robbery, theft, and rape.
Non- Index Crime are crimes against persons

(parricide/infanticide, maltreatment, kidnapping); crimes against property (estafa and
falsification, malicious mischief and damage to property); crimes against morals and order
(prostitution, vagrancy, alarm and scandal, assault/resistance to authority, corruption of public
official, gambling, slander and libel, threat and coercion and trespassing), crimes against
chastity

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(abduction, seduction, lascivious acts) and other crimes (illegal possession of firearms,
explosives and ammunition, concealment of deadly weapons, smuggling and prohibited
drugs).
For example:
In National Capital Region, for the period of July 2015 to June 2016 the total recorded index
crimes were 457,041 while the total number of non-index crimes were 169, 526. Compute for
the crime volume.
Crime Volume = Index Crimes + Non-Index Crimes
Crime Volume = 457,041 + 169, 526
Crime Volume = 626, 567
Therefore, the crime volume for the period of July 2015 to June 2016 is 626, 567.
CRIME RATE
Crime Rate is the number of crime incidents in a given period
of time for every 100,000 inhabitants of an area.
Population is the number of inhabitants in a given area. The

figure to be used is the medium assumption as per the
records from the National Statistics Office (NSO).
Formula for Crime Rate:
Crime Rate = Crime Volume Crime Rate = Crime Volume x 100,000

Population
Population / 100, 000
or
*Total Crime Volume = No. of Crime reported to the Police Station or Headquarters
For example:
In Municipality A, with a population of 195,000 and a crime volume of 2,540, compute

for crime rate.

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Crime Rate = Crime Volume

Population / 100,000
Crime Rate = 2,540

195,000 / 100,000
Crime Rate = 2,540

1.95
Crime Rate = 1,302.6
Therefore, the total crime rate in Municipality A is 1,302.6.
CRIME SOLUTION EFFICIENCY
Crime Solution Efficiency is the percentage of solved cases out of the total number of crime
incidents handled by law enforcement agencies for a given period of time.
Solved Cases according to NAPOLCOM Memorandum Circular No. 94-017 provides that:
1. A case shall be considered solved when the following elements concur: The offender has
been identified; there is sufficient evidence to charge him; the offender has been taken
into custody; and the offender has been charged before the prosecutor’s office or court
of appropriate jurisdiction.
2. A case shall be considered solved when some elements beyond police control prevent
the arrest of the offender, such as when the victim refuses to prosecute after the offender
is identified or the offender dies or absconds.
3. The arrest of one offender can solve several crimes or several offenders may be arrested
in the process of solving one crime.
Formula for Crime Solution Efficiency:
Crime Solution Efficiency (CSE) = (Crime Solved / Crime

Volume) x 100

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For example:
With a population of 195,000 and a crime volume of 2,540, in Municipality B, what is

the crime solution efficiency if the solved cases recorded were 1,900?
CSE = (1,900 / 2,540) x 100
CSE= (0.7480) x 100
CSE= 74.8
Therefore, the crime solution efficiency in Municipality B is 74.8.
CRIME CLEARANCE EFFICIENCY

Crime Clearance Efficiency is the percentage of cleared
cases out of the total number of crime incidents handled by
law enforcement agencies for a given period of time.
Cleared Case - A case shall be considered cleared when at least one of the
offenders has been identified; there is sufficient evidence to charge him; and he has been
charged before the prosecutor’s office or any other court of appropriate jurisdiction. Included
this category are solved cases.
Formula for Crime Clearance Efficiency:
CCE = CC/CV X 100
Where:
CC= Cleared Cases
CV= Crime Volume
CCE= Case Clearance Efficiency
For example:
With a population of 450,000 and recorded index crimes of 2, 879 and non-index
crimes of 2,540 in Municipality C, what is its crime clearance efficiency if the cleared cases
recorded were 2, 345?
CCE = CC / CV X 100
CCE = 2,345 / 5, 419 X 100
CCE = 0.4327 X 100
CCE= 43.3
Therefore, the crime clearance efficiency in Municipality C is 43.3.

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PROCEDURES
1) Recording a) Incident Reports

As a general rule, all crime incidents, whether reported by the victims,
witnesses or third parties must be recorded in the police blotter, even under
the following circumstances:
When the offender is ill and is unlikely to recover or is too senile or too
 mentally disturbed for proceedings to take place;
When the complainant or an essential witness is dead and the proceedings
 cannot be pursued;
• When the victim or an essential witness refuses or is
permanently unable to stand as a witness; and
• The victim or complainant or witness are minors.
b) Reporting Jurisdiction
The police unit with the territorial jurisdiction where the crime was
committed shall have the primary responsibility to record and report the same.
If a continuing crime is committed in various areas of responsibilities, it should
be recorded and reported as a single crime by the unit taking cognizance of
the crime.
2) Counting Mechanism
The following rules shall apply in the counting of crime incidents:
a) Murder Cases (Art. 248, RPC) shall include those that were consummated only.
Infanticide (Art. 255, RPC) and Parricide (Art. 246, RPC) cases shall be
counted as murder cases. Killings perpetrated by insurgents and terrorist must
be included. Attempted and Frustrated cases of Murder, Infanticide and
Parricide are counted as physical injury cases if indeed the victim(s) was
injured. Otherwise, these cases shall be counted as non-index crimes.
b) Homicide (Art. 249, RPC) Similarly, consummated homicide cases are to be

counted. Attempted and Frustrated homicide cases which result to injuries to
the victim(s) are counted as physical injury cases. Otherwise, these cases shall
be counted as non-index crimes.
c) Serious and Less Serious Physical Injuries (Arts. 263,264 and 265, RPC) In
addition to actual physical injury cases, incidents perpetrated by/or involving
insurgents/terrorists which resulted to the wounding of the victim(s) must also
be counted.

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d) Robbery (Art. 293, RPC) Only consummated robbery cases and robbery in
band are to be counted.
e) Carnapping (RA No. 6539) Only consummated carnapping cases are to be

reported.
f) Cattle Rustling (PD No. 533) Only consummated cases shall be recorded.
g) Theft (Art. 308, RPC) Only consummated theft cases are to be counted.
h) Rape (Art. 335, RPC and RA 8353) Only consummated and statutory rapes are
to be included.
i) Suicide shall not be counted as a crime.
j) For compound and complex crime, only the serious offense should be counted
(Principle Crime Rule).
k) The reported incident shall be counted as a crime after validation by the

investigation officer that there is such an incident constituting a crime.
l) Infractions involving violations of provincial/city/municipal and barangay

ordinances shall not be counted.
m) Violations of the Revised Penal Code and Special Laws which are to be settled
at the Barangay (under PD 1508) as amended by Local Government Code of
1991 and Supreme Court Administrative Circular No. 14-93 shall be recorded
separately.
n) Crime incident/s under RA 9344 or the Juvenile Justice Act where absolute
confidentiality of the parties and the documents are provided shall be recorded.
Data from local DSWD office shall be collated.
o) For purposes of generating separate statistics of all offenses arising from

violations of traffic rules and regulations, the Traffic Investigation
Section/Division shall assume responsibility in recording all traffic offenses
and submit the same to the Crime Registrar for data integration in the crime
statistics.
3) Crime Registrar
To ensure that a consistent crime recording standard is maintained within the
PNP, each unit shall appoint a Crime Registrar. The responsibilities of Crime
Registrar are as follows;
• Maintain files of all crime data including data gathered from other agencies
operating in their respective area of responsibility.
• Exercise confidentiality and integrity in handling and storage of all crime data.

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• Ensure proper turnover of data and documents.

• Make an accurate periodical statistical and graphical interpretation of crime
data.
• Shall consolidate the accomplished daily List of Crime Incidents Report
submitted by the Duty Desk Officer.
• Certify as to the correctness and accuracy of the data contained in the Unit
Crime Periodic Report.

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MODULE 5
VICTIMS AND OFFENDERS
INTRODUCTION
Victimology is 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.
The concept of victim dates back to ancient cultures and

civilizations such as the ancient Hebrews. Its original meaning
was rooted in the idea of sacrifice or scapegoat – the execution Source ahttps://blog.ipleaders.in/victimology/
or casting out of a person or animal to satisfy a deity or hierarchy.
Over the centuries, the word came to have additional meaning during the founding of
victimology in the 1940s, Victimologist such as Benjamin Mendelsohn, Hans Von
Hentig, and Marvin Wolfgang tended to use textbooks or dictionary definitions of
victims as hapless dupes who instigated their own victimizations. This notion of “victim
precipitation” was vigorously attacked by feminists in the 1980s, and was replaced by
the notion of victims as anyone caught up in an asymmetric relationship or situation.
Over the years, idea about victim precipitation have come to be perceived as a
negative thing; “victim blaming” it is called. Research into ways in which victims
“contribute” to their own victimization is considered by victims and victim advocates
both unacceptable and destructive.
Asymmetry means anything unbalanced, exploitative, parasitical, oppressive,

and destructive, alienating, or having inherent suffering. In this view, victimology is all
about power differentials.
Today, the concept of victim includes any person who experiences any injury, loss, or
hardship due to any cause. Also today, the word victim is used rather indiscriminately;
e.g. cancer victims, holocaust victims, accident victims, victims of injustice, hurricane
victims, crime victims, and others. The thing that all these usages have in common is
an image of someone who has suffered injury and harm by forces beyond his/her
control.
Crime victim generally refers to any person, group, or entity who has suffered injury
or loss due to illegal activity. The harm can be physical, psychological, or economic.

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INTENDED LEARNING OUTCOME

At the end of this lesson, the students should be able to…
 Recognize and understand the role of victims and
offenders in understanding crime phenomena.
MOTIVATION QUESTION
STATE YOUR OPINION

1. Do victims
“contribute” in their
victimization?
2. What is your stand
in “victim blaming”?
GOALS OF VICTIMOLOGY
The study of victimology focuses on five goals:
1. To understand and measure the extent and nature of crime as victims perceive
them.
2. To assess the relative risk of victimization.
3. To appreciate the nature and extent of losses, injuries and damages
experienced by victims of crime.
4. To study the relation between the victim and offender.
5. To investigate the social reaction of the family, community, and society toward
the victim of crime.
HISTORY OF VICTIMOLOGY
At first, (going back to the origins of criminology in the 1880s), anything resembling
victimology was simply the study of crime from the perspective of the victim. With the
exemption of some psychological profilers who do this, nobody really advocates this
approach to victimology anymore. The scientific study of victimology can be traced
back in the 1940s and 1950s.
Two criminologists, Benjamin Mendelsohn and Hans Von Hentig, began to

explore the field of victimology by creating “typologies”. They are considered the
“fathers of the study of victimology.”

Photo Source: images/google.com Benjamin Mendelso hn

Hans Von Hentig
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These new “Victimologist” 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.
Mendelsohn interviewed victims to obtain information, and his analysis led him to
believe that most victims had an “unconscious aptitude for being victimized.” He
created a typology of six (6) types of victims, with only the first type, the innocent,
portrayed as just being in the wrong place at the wrong time. The other five types all
contributed somehow to their own injury, and represented victim precipitation.
Von Hentig studied victim’s homicide, and said that the most likely type of victim is
the “depressive type” who is an easy target, careless and unsuspecting. The “greedy
type” is 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 in a given period of time in the life cycle, such as juvenile victims.
The “tormentor,” is the victim of an attack from the target of his or her abuse, such as
with battered women.
THE STUDY OF VICTIMOLOGY

Before we can understand victimology, we need to appreciate that it is a fairly new
subfield or area of specialization within criminology.
Criminology is rather broad field of study that encompasses the study of law making,
law breaking, and societal reactions to law breaking.
Victimology, much like criminal justice, fall into the third of these areas. Victimology
does not have any subfields within itself; in fact, there are few theories, and little or no
school of thought.
Going back to criminology, there are four subfields: penology (and the sociology of
law); delinquency (sometimes referred to as psychological criminology); comparative
(and historical) criminology; and victimology.
Victimology is 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. From this definition, victimology encompasses the
study of:
1. Victimization
2. Victim – offender relationships
3. Victim – criminal justice system relationships
4. Victims and the media

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5. Victims and the costs of crime

6. Victims and social movements
Victimologist refers to any person with the following foremost duties:
1. Investigates victims plight: the impact of the

injuries and losses by offenders on the people
they target;
2. Carry out research into the public’s political,
social, and economic reactions to the plight of
victims;
3. Study how victims were handled by officials
and agencies within the CJS, especially
interactions with police officers, prosecutors,
defense attorneys, judges, probation officers
and members of the parole boards; Photo Source:
wiki-kidzsearch.com
4. It determines whether crime victims have physically injured, economically hurt,
robbed or self-respect, or emotionally traumatized;
5. It aims to devise way to help victims recover;
6. It finds out if the victims are effectively assisted, served, accommodated,
rehabilitated and educated to avoid further trouble (Karmen, 2007).
THEORIES OF VICTIMOLOGY
Over the years, ideas about victim precipitation has come to be perceived as a
negative thing; “victim blaming” it is called. Research into ways in which victims
“contribute” to their own victimization is considered by victims and victim advocates as
both unacceptable and destructive. Yet a few enduring models and near – theories
exist, such as the following:
1. Luckenbill’s (1977) Situated Transaction Model

This one is commonly found in the sociology of deviance textbooks.
The idea is that at the interpersonal level, crime and victimization is a contest
of character. The stages go like this:

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a. Insult – “your Momma”;

b. Clarification – “whaddya say about my Mother”;
c. Retaliation – “I said your Momma and you too”;
d. Counter retaliation – “well, you’re worse than my Momma”;
e. Presence of Weapon – or search for a weapon or clenching of fists;
f. Onlookers – presence of the audience helps escalate the situation.
2. Benjamin and Master’s Threefold Model

This one is found in the variety of criminological studies, from prison
riots to strain theories. The idea is that conditions that support crime can be
classified into three general categories:
a. Precipitating factors – time, space, being in the wrong place at the wrong
time;
b. Attracting factors – choices, options, lifestyles (the sociological expression
“lifestyle” refers to daily routine activities as well as special events one
engages in on a predictable basis);
c. Predisposing factors – all the sociodemographic characteristics of victims,
being male, being young, being poor, being a minority, living in squalor, being
single, being employed.
3. Cohen & Felson’s (1979) Routine Activities Theory

This one is quite popular among Victimologist today who are anxious to
test the theory. Briefly, it says that crime occurs whenever three conditions
come together:
a. Suitable targets – and we’ll always have suitable targets as long as we have
poverty;
b. Motivated offenders – and we’ll always have motivated offenders since
victimology, unlike deterministic criminology, assumes anyone will try to get
away with something if they can; and
c. Absence of guardians – the problem is that there’s few defensible spaces
(natural surveillance areas) and in the absence of private security, the
government can’t do the job alone.
Other Theories of Victimology 1. Victim Precipitation Theory

This theory suggests that the characteristics of
the victim precipitate the crime. That is, a criminal
could single out a victim because the victim is of a
certain ethnicity, race, sexual orientation, gender or
gender identity.

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This theory does not only involve hate crimes directed at specific
groups of people. It might also
involve occupations or activities. source bhttps://opinionfront.com/victim-precipitation-theory-explained-with-examples
Example:
a. Someone who is opposed to his or her views may target a political
activist.
b. An employee may target a recently promoted employee if he or she
believes they deserved the promotion.
2. Lifestyle Theory
This theory suggests that certain people may become the victims of
crimes because of their lifestyles and choices.
Example:
a. Someone with a gambling or substance addiction could be as an “easy
victim” by a con artist.
b. Walking alone at night in a dangerous area, conspicuously wearing
expensive jewelry, leaving doors unlocked and associating with known
criminals are other lifestyle characteristics that may lead to
victimization.
3. Deviant Place Theory

The deviant place theory states that an individual is more likely to
become the victim of a crime when exposed to dangerous areas. In other
words, a mugger is more likely to target a person walking alone after dark in a
bad neighborhood. The more frequently a person ventures into bad
neighborhoods where violent crime is common, the greater the risk of
victimization. There is some overlap between the lifestyle theory and the
deviant place theory.
4. Routine Activity Theory

This theory was first articulated by Lawrence
Cohen and Marcus Felson. They concluded that the
volume and distribution of predatory crime (violent
crimes against a person and crimes in which an
offender attempts to steal an object indirectly) are
closely related to the interaction of three variables that
reflect the routine activities.
a. The availability of suitable targets such as
homes containing easily saleable goods.
b. The absence of capable guardians such as
police, hometowns, neighbors, friends and
relatives.

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c. The presence of motivated offenders such as large number of

unemployed teenagers.
CRIME VICTIM
Legal definition of “victim’ typically includes the following:

A victim refers to a person who has suffered direct, or threatened, physical, emotional
or pecuniary harm as a result of the commission of crime; or in the case of a victim
being an institutional entity, any of the same harms by an individual or authorized
representative of another entity. Group harms are normally covered under civil and
constitutional law, with “hate crime” being an emerging criminal law development,
although criminal law tends tend to treat all cases as individualized.
Besides “primary crime victims”, there are also “secondary crime victims” who
experience the harm second hand, such as intimate partners or significant others of
rape victims or children of a battered woman. It may also make sense to talk about
“tertiary crime victims” who experience the harm vicariously, such as through media
accounts or from watching television. Victim defenses have recently emerged in
cases of parricide (killing one’s parents) and homicide of batterers by abused
spouses. Advocates for battered women were among the first to recognize the issue,
and promote the “battered women syndrome” to defend women who killed or
seriously injured a spouse or partner after enduring years of physical, emotional
and/or sexual abuse.
Attorneys have also drawn upon theories of Post-Traumatic Stress Disorder to

defend their client’s behavior. From time to time, media attention to these defenses
becomes intense, and certain “high profile” cases tend to influence public opinion and
spread confusion over who is the “victim” and who is the “victimizer”.
Victim in General
In general, victim means any person who, by reason of natural disaster or manmade
cause, individually or collectively, has suffered harm, including physical or mental
injury, emotional suffering, economic loss or substantial impairment of his/her
fundamental rights, through acts or omissions that are in violation of criminal laws,
including those proscribing abuse of power.
Victim refers to a person who has suffered direct, or threatened, physical, emotional
or pecuniary harm as a result of the commission of a crime; or in the case of a victim
being an institutional entity, any of the same harms by an individual or authorized
representative of another entity.
Who is a Crime Victim?

Crime Victim refers to any person, group, or entity who has suffered injury or loss
due to illegal activity (man-made). The harm can be:

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a. Physical – physical harm may include physical injury, generally it involves

physical pain.
b. Psychological – the following are psychological reactions:

1. Increase in the belief of personal vulnerability;
2. Perception of the word as meaningless and incomprehensible; and
3. View themselves in the negative light.
c. Economic – economic harm may include loss of property like family house,
business establishment and the like.
The experience of victimization results in an increasing fear of the victim of the

crime and the spread of fear in the community.
CONSEQUENCES OF CRIME
Emotional distress as a result of crime is a recurring theme for all victims of
crime. The most common problem affecting three quarters of victims was
psychological problems including:
 Depression (Posttraumatic Stress  Helplessness

Disorder)  Humiliation
 Anxiety  Anger
 Paranoia Shock

 Loss of Control Feeling of inequity

 Shame Increased awareness or mortality

 Embarrassment Tension
 Fear
 Vulnerability

 Self-blame
Other effect of crime to victims includes:
 Loss  Obsessive—compulsive
 Suffering Disorder
 Fear (themselves and to others)  Anti-social behavior
 Suicidal thought

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These problems often result in the development of chronic PTSD (Post-

Traumatic Stress Disorder). Post crime distress is also link to pre-existing emotional
problems and socio - demographic variables. This is known as the leading cause of
the elderly to be more adversely affected.
Models of Victimization
The following are the models of victimization:
1. Victim of Crime Model (Man-made Cause)

This model of victimization is applicable to victims of man-made causes
like homicide, rape and others. The stages are as follows:
a. Stage of Impact and Disorganization – this depicts the attitude or

activity of the victim during and immediately following the criminal event.
b. Stage of Recoil – This stage occurs during which the victim formulates
psychological defenses and deals with conflicting emotions of guilt,
anger, acceptance and desire of revenge (this could last 3 to 8 months).
c. Reorganization Stage – this stage occurs during which victims puts
his/her life back to normal daily living.
2. Victim of Disaster Model (Natural Cause)

This model of victimization is applicable to victims of natural causes like
earthquake, flood, volcanic eruption and others. The stages are as follows:
a. Pre-impact Stage – this describes the state of the victim prior to being
victimized.
b. Impact Stage – this is the phase in which victimization occurs.
c. Post-impact Stage – this stage entails the degree and duration of the
personal and social disorganization following victimization.
d. Behavioral Outcome – this phase describes the victim’s adjustment to
the victimization experience.
Kinds of Crime Victim

The kinds of victims are as follows:
1. Direct or Primary Crime Victim – this kind of victim directly suffers the harm
or injury which is physical, psychological and economic losses.
2. Indirect or Secondary Crime Victim – victims who experience the harm
second hand, such as intimate partners or significant others of rape victims or
children of a battered woman. This may include family members of the primary
victims. However, Karmen also included first responders and rescue workers
who race to crime scenes (such as police officers, forensic evidence

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technicians, paramedics, fire-fighters and the like) as secondary victims

because they are also exposed to emergencies and trauma on such a routine
basis and that they also need emotional support themselves.
3. Tertiary Crime Victim – victims who experience the crime vicariously, such as
through media accounts, the scared public or community due to watching news
regarding crime incidents.
Note: The Supreme Court of the United States first recognized the rights of crime
victims to make a victim impact statement in the sentencing phase of a criminal trial in
the case of Payne vs. Tennessee 501 U.S. 808 (1991).
What is a Victim Impact Panel?

A Victim Impact Panel is a form of community - based or restorative justice in
which the crime victims (or relatives and friends of deceased crime victims) meet with
the defendant after conviction to tell the convict about how the criminal activity
affected them, in the hope of rehabilitation or deterrence.
Victim Assistance
The following are the ideal supports to be given to the victims:
1. Victims should receive the necessary material, medical, psychological and

social assistance through governmental, voluntary, community-based and
indigenous means.
2. Victims should be informed of the availability of health and social services and
other relevant assistance and be readily afforded access to them.
3. Police, justice, health, social service and other personnel concerned should
receive training to sensitize them to the needs of the victims, and guidelines to
ensure proper and prompt aid.
4. In providing services and assistance to victims, attention should be given to
those who have special needs because of the nature of the harm inflicted or
because of factors such as those mentioned in paragraph 3 above.
Mendelsohn’s Types of Victim

Mendelsohn interviewed victims to obtain information, and his analysis led him
to believe that most victims had an “unconscious aptitude for being victimized.”
The following are the types of victim according to Mendelsohn:
1. Innocent – portrayed as just being in the wrong place at the wrong time.
2. Victim with only minor guilt and was victimized due to ignorance.

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3. Victim who is just as guilty as the offender and the voluntary victim.
Suicide case is 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 Most Guilty Victim “who is guilty alone” – an attacker killed by a
would-be victim in the fact of defending himself is an example of this.
6. The Imaginary Victim – a victim suffering from mental disorders, or those
victims with extreme mental abnormalities.
According to Mendelsohn, the last five types all contributed somehow to their
own injury, and presented as victim precipitation.
Von Hentig’s Taxonomy of Murder Victims

The following are the types of murder victim, according to Hentig:
1. Depressive Type – a person who lacks ordinary prudence and discretion. He

is an easy target, careless and unsuspecting. He is submissive by virtue of
emotional condition.
2. Greedy of Gain or Acquisitive Type – a person who lacks all normal
inhibitions and well-founded suspicions. This person is easily duped because
his/her motivation for easy gain lowers his/her natural tendency to be
suspicious.
3. Wanton or Overly Sensual Type – a victim where “female’s foibles play a
role. This victim is particularly vulnerable to stresses that occur at a given
period of time in the life cycle, such as juvenile victims. Further, this victim is
ruled by passion and thoughtlessly seeking pleasure.
4. Tormentor Type – the victim of attack from the target of his/her abuse, such
as battered women. The most primitive way of solving a personal conflict is to
annihilate physically the cause of trouble.
5. Lonesome Type – this is the same with the acquisitive type of victim, by virtue
of wanting companionship or affection.
6. Heartbroken Type – this victim is emotionally disturbed by virtue of
heartaches or pains.
Von Hentig’s Classes of Victim

The following are the classes of victim, according to Hentig:
1. The Young – the young is weak by virtue of age and maturity.

2. The Female – female is physically less powerful and is easily dominated by
male.
3. The Old – the old is incapable of physical defense and the common object of
illegal scheme.

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4. The Mentally Defective – Mentally Defective Person is unable to think clearly.

5. The Immigrant – immigrant is 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.
7. The Dull Normals- the simple-minded person, the “born victims of swindlers”.
CRIME PREVENTION & PROTECTION PRINCIPLES
Crime Prevention and Protection

This can be broadly defined as anything that reduces the level of crime and/or the
perceived fear of crime.
Frameworks of Crime Prevention are:

1. It is focused on making the environment safe from crime; 2. It
may reduce the potential for crime in high-risk situations; and
3. Halt the possibility of future crime.
Frameworks of Crime Protection are:

1. It is focused on ensuring victims, their rights to assistance and attention to their
needs; and
2. It particularly emphasizes the prevention of re-victimization.
This action was exemplified by ideals contained in the 1948 United Nations Universal
Declaration of Human Rights, and also by other governmental and nongovernmental
programs involving victim assistance, advocacy, compensation, reparation,
reconciliation, restoration and reintegration.
Stages of Crime Prevention

The following are the stages of crime prevention:
1. Primary Prevention
Primary prevention can be done in any context or location, whether a
residence, workplace, school, neighborhood, community, or society. Primary
prevention involves altering the environment in such a way that the root
causes or at least the facilitators of crime are eliminated.
Theories of Primary Crime Prevention are:

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a. Social Disorganization Theory - Social Disorganization Theory states that

residential mobility and racial heterogeneity led people to have little interest in
improving their neighborhood and more of an interest in moving out, leaving
behind an area where crime could easily occur.
b. Defensible Space Theory - Defensible Space Theory of defensible space, like

its counterpart in the field of private security called Crime Prevention through
Environmental Design (CPTED), tends to focus on preventing easy access and
exit by potential criminals as well as the elimination of their hiding places and
where they can geographically select a target.
c. Routine Activity Theory - Routine Activity Theory posits a high rate of

potential victims becoming actual victims whenever three things occur in space
and time together: the absence of capable guardians; an abundance of
motivated offenders; and suitable targets.
d. Broken Window Theory - Broken Window Theory argues that sign of decay,
disorder and civilities, such as abandoned buildings, broken street lights, and
graffiti all invite potential criminals to an area.
On a larger level, primary prevention can be based on macro-social

theories about the causes of crime in society, with examples of such efforts
being a job, housing, education, healthcare, and religious programs.
2. Secondary Prevention
Secondary prevention involves a focus upon specific problems, places,
and times with the twin goals, of reducing situation-specific opportunities for
crime and increasing the risk of committing crime. This is called Situational
Crime Prevention. Secondary Prevention is most typically based on well-
established law enforcement practices, such as:
a. Problem-oriented policing where the problem drives a team solution;

b. Hot spots analysis which targets certain areas for saturation or directed patrol;
c. Surveillance and target-hardening which increase the risk and effort for
committing crime;
d. Property identification;
e. Security lighting;
f. Intrusion alarms;
g. Neighborhood watch;
h. Citizen patrols;
i. Protection personnel; and
j. Efforts on the part of victims to change their lifestyles.

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A major criticism of secondary prevention is that it does not really

reduce crime, but displaces it to other areas.
3. Tertiary Prevention
Tertiary Prevention is a term taken from the field of medicine to
describe the procedures to be taken after the disease or threat is manifest.
Such procedures typically serve a deterrence or minimization of harm purpose,
and are almost always characterized by being reactive, or after the fact.
Examples would include personal injury or property insurance as well as self-
protective measures engage in by those who have been victimized previously.
Carrying a non-concealed selfprotective device or walking in a self-confident
manner accomplishes the purpose of deterrence. Carrying a concealed device
or whistle to blow for help accomplishes the purpose of minimization, or at
least the chance for an unsuccessful criminal outcome.
Tertiary Prevention is often symbolic, as to get tough legislation and

other legal reforms which make the punishment for a crime more certain,
severe and swift.
CRIMINAL JUSTICE SYSTEM RESPONSE
First of all, we need to know who the victims are. While crime victim related research
of 40 to 50 years ago examined the characteristics of victims, much of it approached
the issue from the perspective of “shared responsibility”, that is how crime victims
were, in part, “responsible” for their victimization.
In recent decades, the paradigm has shifted. The contemporary study of the
characteristics of crime victims has tended the focus of identifying risk factor in order
to better understand the phenomena, without attributing blame to the victims.
Information about the risk for victimization has been used to develop crime prevention
and enforcement strategies.
Research indicates that there is a host of individual, situational, and communitylevel

factors that increase risk of criminal victimization. Let us look at the individual factors.
Individuals can be described in terms of their socio-demographic characteristics.
These characteristics are encapsulated in the acronym S.A.U.C.E.R. The risk of
becoming a crime victim varies as a function of S.A.U.C.E.R.
1. Sex – Male or Female

2. Age – Young, middle aged, or elderly
3. Urban – urban or rural
4. Class – socioeconomic class
5. Ethnicity – racial characteristic
6. Religion – religious preference

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Crime According to Socio-Demographic Profile
Sex – with the exception of sexual assault than women. Lifetime risk of homicide is
three to four times higher for men than women.
Age – adolescence have substantially higher rates of assault than young adults or
older Americans. Data from the National Crime Victimization Survey indicated that 12
to 19 years olds are 2 to 3 times as likely as those over 20 to become victims of
personal crime each year. Data from the National Women’s Study indicated that 62%
of all forcible rape cases occurred when the victim was under 18 years of age.
Urban – Crime and Victimization is mostly an urban problem. Urban areas have a
dangerous amount of transience (strangers moving in and out of town), heterogeneity
(mix of different people and places), and disorganization (dilapidation of housing and
buildings).
Class – Violence disproportionately affects those from lower socioeconomic classes.

Family income is related to rates of violence and victimization, with lower income
families at a higher risk than those from higher income brackets. Poverty increases
the risk of assault even after controlling for the effects of prior victimization and
sensation seeking.
Ethnicity – racial and ethnic minorities have higher rates of assault than other
Americans. African-Americans are six times more likely than white Americans to be
homicide victims.
Rates of violent assault are approximately twice as high for African – and
HispanicAmericans are significantly more likely than White-Americans to have ever
been victims of violent crime.
Religion – Certain religious groups tend to be regularly prosecuted, and over

represented in hate crime statistics.
Victims and the Criminal Justice System (CJS)

Victims of crime deserve rights and services in the Criminal Justice System that
begins from reporting crime to the police, and continues through the entire criminal
justice and corrections processes. The Criminal Justice System is charged with
processing cases from the point of victimization, through investigation, arrest,
prosecution and sanctions. At each point along these continuum, criminal justice
agencies and professionals have opportunities and obligations to provide victims with
assistance, services and accommodations to ease their difficulties on what is already
a very trying, and tragic time.
In Criminal Justice System can minimize and avoid inflicting “secondary

victimization” that has often characterized much as the plight of victims of crime.
CJS Agencies’ Roles and Responsibilities

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1. Law Enforcement
As “first responders” to most crimes, police department 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 in 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:
a. Orientation to the law enforcement and investigatory process.

b. Provision of or referral of accompaniment to crisis intervention and
psychological first-aid.
c. Accompaniment to emergency medical services in cases involving injury.
d. Contacting a victim service professional to provide on-site assistance and
support, upon request of the victim.
e. Providing information to crime victims about their constitutional and statutory
rights, and the availability of crime victim compensation.
f. Securing the victim’s property if personal safety has been compromised as a
result of crime.
g. 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.
h. 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.
2. Prosecution
If the law enforcement has investigated crimes and suspects have
been arrested, the cases are then referred to prosecutors. Although each
state’s laws and procedures provide for different ways to initiate a criminal
action, these are leading to charging and arraignment.
At this point, information regarding the investigation and facts of the

crimes are presented by law enforcers to the court with the assistance of
prosecutors, and appropriate charges are levied against the defendants. When
appropriate, they are “bound over for trial” on the charges levied.

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3. Court
Assuming a case goes beyond the plea negotiation stage, during the
trial, the defendant continues to receive basic protections granted by the
constitution, state constitutions and various state law holdings. Volumes of
materials are available on defendant’s rights. These include, for example, the
right to obtain all exculpatory evidence from the prosecution, which would tend
to prove the innocence of the defendant. Also, the defendant has the right to
confront and cross-examine his/her accusers. Often, this is very difficult for the
victim, who must be well prepared to withstand the onslaught of cross-
examination by aggressive defense counsel.
Judges are empowered to sentence convicted criminals; it is important

that judges include information regarding the impact of the crime in the victim
in their assessment of appropriate sentences. Often, this information is
provided through the prosecutor-based victim assistance program, a probation
officer, or another official source, and is typically referred to as a Victim Impact
Statement (VIS). VIS information is often 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.
4. Correction
In the Philippines, if an accused is sentenced (3 years above) to a term
of imprisonment, the Bureau of Correction assumes responsibility for convicts’
supervision. The offender’s file that contains details of the crime, court case
and sentence, victim impact statement (when applicable), recommendations
for treatment and services during the period of incarceration and personal
information, are utilized as bases for offenders’ classification.
The purpose of classification is to place in the most appropriate

incarceration setting (minimum, medium, maximum, or super-maximum
facility). The Bureau of Correction houses the offender for his/her period of
incarceration; implements and monitors work, educational and treatment
activities available to inmates; and coordinates any release into the community
with paroling authorities.
5. Community
The last pillar of the Philippine Criminal Justice System; it is where a
person (prisoner), after service of his/her sentence is released into.
Community is a place where a well-developed person after having been
reformed in the prison starts a new life.

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MODULE 6
PUNISHMENT, DEATH PENALTY AND RESTORATIVE
JUSTICE
INTRODUCTION
The institutional corrections involve the incarceration

& rehabilitation of adults, juveniles convicted of offenses
against the law, and the confinement of persons suspected
of a crime awaiting trial & adjudication.
Correctional practice is a developing science based

on an evolving dynamic between two concepts: punishment
and rehabilitation. Society demands that criminals be
punished for their behavior; thus, they lose their freedom.
Prisoners must also learn constructive behaviors and have
positive role models if the cycle of recidivism is to be broken
and the culture of the prison yard is to be changed. Social
scientists have long argued that rehabilitation must be the
dominant theory in correctional practice, if only to keep the
prison population from overwhelming the physical facilities.
Parole and probation were early attempts to reduce prison populations. Rehabilitation
theorists advocate job-training, counseling and education programs as ways to equip inmates
with the educational and vocational skills they need to become productive members of

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society. The current practice of "restorative justice" seeks to balance the concepts of
punishment and rehabilitation by bringing offenders and victims together in attempts to repair
the social and psychological damage done by crime.
Intended Learning Outcome

At the end of the chapter, the students will be able to:
 Define penology and identify its goals.
 Familiarize the history and philosophy of punishment and penology 
Enumerate the models of penology.
 Define punishment and identify the different forms of punishment
 Familiarize the functions of Bureau of Corrections and identify its
facilities.
 Internalize the importance and concepts of punishment, penalty and
restorative justice in the study of criminology.
MOTIVATION

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How did the Bureau of Corrections logo evolve and its

meaning?
T he three (3) The seal signifies the

keys productive and The seal features a The Bureau of Corrections was founded
The façade worthwhile activities that rehabilitated inmate in 1905. The eleven (11) bay leaves,
symbolized the
three Century of the an inmate is engaged in (white) while in custody which represent a decade per leaf, refer
Prisons: the Old Bureau of while inside prison. The of the seven (7) prisons to the achievement and developments of
Bili bid Prison Prisons with focus of an education as and penal farms (bars) BUCOR since its existence. It also cover
(1866) , San means of self - thru educational, the 112th anniversary of BUCOR where
the iron bars
Ramon Penal actualization and therapeutic, productive its first ever modernization law put into
and the post personal growth approaches and place.
Farm (1870)
towers supported with sports, restorative justice. He The man -figure represents the Person
and Iwahig
Penal Colony reflected the skills development and looks forward to a Deprived if Liberty (PDL), who had
(1904) , function of religious activities that brighter future (rays of undergone security and effective
integrated into safekeeping would help him assume a the sun), but would need rehabilitation programs (prison railings
new outlook in life. He is the assistance of his with green background) through
one (1) office of of prisoners
the Bureau of also engaged in various family and loved ones, meaningful justice (justice symbol) , is
confined in livelihood programs the society and the about to be released from prison facing
Prisons
its custody. under the operation of church, for him to the EAST where the sun rises which
agro-Industries to enable completely undergo represent the free society and
him to have employment transformation and re- symbolized new hope. The seven rays of
opportunities once integrates successfully the sun further symbolized the seven (7)
released. in the community. Operating Prison and Penal Farms of
BUCOR.
MODULE 6 LESSON PROPER
PENOLOGY
Penology is also referred to as Penal Science; it is the third division of criminology
that is focused on the philosophy and practice of society in its efforts to repress criminal
activities. The word Penology was derived from the Latin word poena, which means pain or
suffering.
The term Penology was changed to Correction due to its harsh connotation. Thus,
Penal Management was also changed into Correctional Administration to mean the manner
or practice of managing or controlling places of confinement, as in jails or prisons, including
custody, treatment, and rehabilitation of criminal offenders. Penology is short for the 19 th
Century phrase Penitary Science or the Science of Corrections.
The term Corrections is a 20th Century social engineering term for the ability to be
technically proficient at the processing of incarcerated offenders.

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Principal Goals of Penal Science The

principal goals of Penal Science
1. To bring light on the ethical bases of punishment, along with the reasons and
purposes of the society in inflicting it;
2. To make a relative study of penal laws and procedures through history and between
nations; and
3. To evaluate the social consequences of the policies in force at a given time.
Goals of Criminal Sentencing

1. Retribution
2. Punishment
3. Deterrence
4. Incapacitation
5. Rehabilitation
6. Reintegration
7. Restoration
The History and Philosophy of Punishment and Penology
“To man alone, torture and death is amusing in itself”

-Robert Browning
There have been no limits to man’s imagination in devising techniques of punishment.

More ways to hurt people and inflict pain exist than ways to reward or encourage people.
This may be due to a long-held, societal belief – one that science has also played a part in –
that the best ways to get someone to change is to inflict pain and suffering.
Sometimes we even tend to believe to undeserved punishment we think it builds

character or some nonsense like that. All we tend to disagree about is how extreme the
punishment should be. Rarely does any penologist (one who studies the science or art of
punishment) advocate getting rid of all forms of punishment.
In the earliest societies, punishment has always been a collective responsibility.

Everyone in the social group was required to take part in at least public condemnation of the
offender because the intent was to prevent whatever caused the crime to happen from
spreading throughout the social group. As law and legal systems developed, societies
became accustomed to letting formal authorities perform this function.
Punishment then became a formal responsibility to be carried out by professional

specialists in the employ of governments. The story of how the various philosophies of
punishment evolved is chiefly a story about how the specialized practice of punishment
evolved.

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Models of Penology
1. Retribution Model
Many of the early professional specialists were experts at execution, torture
and mutilation. In fact, the Code of Hammurabi (circa 1700 B.C., often cited as the
world’s first legal code) did not specify much of the role of the judges, but did specify a
substantial role for those whose job was to chop off hands or impale someday on a
stake.
Under the Code of Hammurabi, an attempt was made to enact

“sympathetic” punishment or justice in the form of “life for life, eye for eye, tooth for
tooth, hand for hand, foot for foot, burning for burning, wound for wound, and
stripe for stripe.” A similar philosophy is expressed in the Bible (Exodus 21:23-25).
The punishment of this type follows the principle of lex talionis (the law of retaliation),
and is based in the notion of talion (or equivalence between crime and its
punishment).
Philosophy of Retribution
a. Proportionality – the notion of proportionality is the idea that we can rank order the
seriousness of the crime as well as the standard progression in the penalties to
administer.
b. Just Deserts – is the right term that we consider the culpability (degree of intent or
willfulness) of each offender, in addition to the ranked seriousness of their offense. It
is one of the more popular principles in the philosophy of retribution, or the idea that
punishment is deserved by the wrongdoer simply because they committed a
transgression. In other words, there should be no other purpose for punishment other
than it is deserved. Also, penology based on just deserts approach argues that this
“business as usual” method of doing justice should result in a more streamlined,
efficient process which, in the long-run, accomplishes the goals of rehabilitation,
reintegration, and reformation. It should be noted that the just desert model might also
be used to accomplish the goal of deterrence, and that is at least the thesis of writers
to apply utilitarianism to the notion of just desert.
c. Equity – if we take consistency to the extreme and see to it that all offenders who
commit the same crime with the same degree of culpability get exactly the same
punishment.
d. Reciprocity – if we look at the punishment as a natural part of the social order and
feel satisfied that the offender has been appropriately punished.

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e. Retributive – if the offender happens to agree to the appropriateness of the

punishment, or at least accepts some blame or shows remorse, or the upholding of
human dignity through the mutual acceptance of a fair and just punishment.
2. Justice Model
It was first introduced in 1979 by David Fogel in his book, We are the Living Proof:
The Justice Models for Corrections. Basically, the Model is a rejection of all hopes for
rehabilitation and the indeterminate sentence. The Model also contains some strong
views on penology, and has been described as less concerned with the administration
of justice than with the justice of administration.
Fogel’s ideas for the effectiveness of corrections as a justice agency are as

follows:
a. Punishment is necessary to uphold the laws;

b. Prisoners should be considered and treated as responsible for their actions;
c. Justice employee discretion should be narrowed and controlled;
d. Accountability ought to be on the consumer (offender) not the clientele
(public); and
e. Prisons ought to be accountable in how they demand accountability.
The model holds that a correctional institution exists to execute a sentence that
primarily involves a restriction on freedom of movement. Other than what is necessary
to handle this mandate for restricted movement each inmate should be allowed
(without lecture or advice) to choose whatever rehabilitation program the prison
provides, but even if the inmate chooses not to participate in anything, the prison
administration must demonstrate how the confinement (without rehabilitation) is still
serving justice by treating inmates with dignity, respect, and due process.
3. Utilitarianism Model
The philosophy of utilitarianism develops at a time in history when intellectuals

were concerned with the idea of Social Contract. Social Contract consists basically of
the doctrine that the individual is only bound to society by their consent, and that
through this consent (often implied if the person remains in that society and doesn’t
move), society has a reciprocal responsibility to them (such as protecting their life,
property, and welfare). Such intellectuals as Montesquieu (1689-1755), Voltaire
(1694-1778), Rousseau (1712-1778), Beccaria (1738-1794), and Bentham (1748-
1832) all played a large part in shaping the philosophy of utilitarianism, as did others.
The root word of utilitarianism is “utility” which means “useful”. Punishment

exists to ensure the continuance of society and to deter people from committing
crimes. Deterrence comes, not from trying to be harsh, but from punishment that is

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appropriate (severity), prompt (celerity), and inevitable (certainty). Prisons and

penology are of particular interest to utilitarians because prisons are supposed to be
the least costly way to accomplish “pain with a purpose”.
Kinds of Deterrence
1. Specific Deterrence (Individual Deterrence)
It often takes the form of an older principle called incapacitation. The idea is
to make it impossible for an individual to commit another crime, at least while they are
in prison. Specific deterrence calls for inmates to be closely to be closely guarded and
monitored at all times. In fact, Bentham proposed a type of prison system known as
the Panopticon design (Panopticon means all-seeing eye). Other factors are also
important with specific deterrence, like the type of facility, length of stay, the treatment
opportunities, and the demographic mix of the prison population.
2. General Deterrence (Societal Deterrence)
It is what most people say when they speak of deterrence. The principle here
is that others (potential criminals) will want to avoid criminal behavior because of the
example provided by punishment. A person is punished, not so much because he
deserves it, but in order that others will not be inclined to do the same or similar thing.
This type of goals makes prisons as responsible for crime prevention as police are
expected to be. Theory development has a long way to go in criminology before we
can really say there’s such a thing as deterrence theory, but here’s a sample of some
basic tenets in the principle of deterrence:
a. Punishment must be used to uphold societies at all cost;

b. Prisoners should be treated as a means to an end;
c. Justice employees ought to be hyper-vigilant in crime detection;
d. The public ought to intimately know about the penal sanction; and
e. The threat of punishment may work as well as actual punishment.
3. Redemptive and Restorative Justice Model
Restorative justice approaches are sometimes called communitarian,

reintegrative, or redemptive approaches, and although subtle differences exist, almost
all varieties try to maximize forgiveness, hope, accountability, and positive outcomes
for all parties, especially but not limited to communities which have experienced the
most harm and could benefit the most from harm reversal.

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Restorative justice is a broad field (technically a philosophy which seeks to

implement values); current redemptive philosophy in criminal justice tends to be about
faith-based initiatives, and/or religious-based correctional interventions. However, in
criminology, there is actually much more scholarship that needs to be done, but
theoretically and empirically. No one has yet created the criminological model which
lays the path by which (religious) faith or belief affects law-abiding behavior, and all
that is really known is that (the Florida Chaplaincy studies) the more religious
activities a prison attends, the fewer the number of misconduct reports he/she
receives.
The Catechism of the Catholic Church (Article 5, section 2266) provides the classic
statement on redemption as a philosophy of punishment, which says:
“The primary effect of punishment is to redress the disorder caused by the offense.
When this punishment is voluntarily accepted by the offender, it takes on the value of
expiation. Moreover, punishment has the effect of preserving the public order and the
safety of persons. Finally, punishment has a medicinal value; as far as possible it
should contribute to the correction of the offender”.
Punishment
Capital punishment (before penal servitude)
In 1765, the judge could hand out the death penalty for the following offences:
murder, treason, coining money, arson, rape, sodomy, piracy, forgery, destroying
ships, bankrupts concealing their possessions, highway robbery, house breaking, pick
pocketing or stealing over 1s, shoplifting over 5s, stealing bonds or bills, stealing
above 40s in any house, stealing linen, maiming cattle, shooting at a revenue officer,
pulling down houses or churches, destroying a fishpond causing the loss of fish,
cutting down trees in an avenue or garden, cutting down river banks, cutting hop
binds, setting fire to corn or coal mines, concealing stolen goods, returning from
transportation, stabbing an unarmed person, concealing the death of a bastard child,
maiming a person, sending threatening letters, riots by 12 or more persons, stealing
from a ship in distress, stealing horses, cattle or sheep, servants stealing more than
40 shillings from their master, breaking bail or escaping from prison, attempting to kill
privy councilors, sacrilege, armed smuggling, robbery of the mail, destruction of
turnpikes or bridges.
Death
Many, in fact most, death sentences were not carried out. Through benefit of
clergy, use of pardons, and respited sentences due to pregnancy or in order to
perform military or naval duty, many of those sentenced to death were not actually
executed. Since these mitigations often took place after the proceedings were
published, this information is usually not included in the trial texts, though it
sometimes can be found in the texts for subsequent sessions. Names of those

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executed are regularly reported in the summaries of punishments provided at the end
of each session between 1743 and 1792.
Methods of Death Penalty
1. Death with dissection and hanging in chains

2. Death by hanging
3. Asphyxiation (or strangulation)
4. Boiling to death
5. Brazen bull
6. Burning, especially for religious heretics and witches on the stake
7. Breaking wheel
8. Burial (alive also known as the pit)
9. Crucifixion
10. Crushing by a weight, abruptly or as a slow ordeal
11. Decapitation, or beheading (as by sword, axe or guillotine)
12. Disembowelment
13. Dismemberment
14. Drawing and quartering (considered by many to be the cruelest of punsihemnts)
15. Drowning
16. Electrocution (also electric chair)
17. Explosives
18. Exposure in animal skin
19. Flaying
20. Garroting
21. Gassing
22. Impalement
23. Lethal injection
24. Poisoning
25. Pendulum blade
26. Sawing
27. Scaphism and other similar methods
28. Shooting can be performed either
a. By firing squad
b. By a single shooter (such as the neck shot, often performed on a kneeling
prisoner, as the PR China)
c. (especially collectively) by cannon or machine gun
29. Slow slicing
30. Stabbing
31. Starvation and dehydration (sometimes immurement)
32. Stoning
33. By being thrown from a height. Rome executed murders and traitors by flinging them
from the Tarpeian Rock. Defenestration, the act of throwing someone from a window,
has been used more by rebels and angry mobs than by official executions. During the
Argentinean Dirty War, some victims were even pushed out of planes and into the
Atlantic Ocean to drown (this form of disappearance was called “death flights”).

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However, death flights are far from being forms of capital punishment, since the
victims were not judged, but simply illegally executed. Death flights were also used
during the Algerian War (1954-62) by Maricel Bigeard’s paratroopers.
34. Various animal-related methods are as follows:
a. Tearing apart by horses, e.g. Ancient China (using five horses) or
“quartering” with four horses, as in The Song of Roland and Child Owlet;
b. Attack/devouring by animals, such as dogs or wolves, as in Ancient Rome and
the Biblical lion’s den; by rodents (such as rats); by alligators or crocodiles, or
carnivorous fish (such as piranhas or sharks); by crabs or by insects (such as
ants);
c. Poisonous stings of scorpions and bites of snakes, spiders, etc.;
d. Crushing by elephant or trampling by a herd or by horsemen, as practiced by
the Mongolian hordes; and
e. Snake pit.
Corporal Punishment
Corporal Punishment was retained as a punishment for a lot longer time than
either the stocks or the pillory. The most common form of corporal punishment was
whipping, which was the punishment for offenses including petty theft, bigamy (being
married to two people at the same time), assaulting, vagrancy, unmarried mothers or
manslaughter. Offenders would be tied to a ‘whipping post’ and thrashed with a ‘cat-o-
nine-tails’, which has a short handle whip with nine leather straps. In the beginning,
whipping had been a public punishment, but in the middle of the 19 th century, it was
mainly performed in the confines of the jail, and only on men.
Under 16’s could receive up to 25 strokes and those above, up to 50.

Whipping as a form of punishment was not abandoned until after World War 1.
Other forms of corporal punishment included having heavy weights placed on

the body and the rack, which has stretched the body until it has past the point of pain.
Public humiliation was also used to punish. Brothel keepers and prostitutes might
have been driven around their local area in a horse or cart to embarrass them and to
inform the public of their wrongdoings.
For women who have been accused of scandalous language, gossip or

nagging there was a contraption, known as the ‘scolds bridle’ or ‘bank’, which fitted as
a cage around their heads with a metal gag in the mouth that prevented them from
speaking.
One of the most vicious forms of corporal punishment was the ‘Scavengers
Daughter’. This was a technique favored by gaolers as it could be taken into the cells
and used. It involves constricting the prisoners into a ball with iron clamps so that their
body was almost broken with the compression.

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The Development of Prison as a Punishment
At the beginning of the 19th century, there was a growing disinclination in

England of imposing any public punishment such as whipping and the gallows. This
led to a growing use of confinement as punishment.
In 1808 Samuel Romily led a campaign to restructure the criminal law system
by radically decreasing the use of the death penalty. He was met with strong
opposition by those who believed that the death penalty provided the strongest
deterrence to crime and he made slow progress.
Capital punishment was not the only primary penalty that could be meted out.
After the Transportation Act of 1718, Transportation was made as primary penalty
rather than a means of escaping the death penalty. Transportation was also used in
many cases to keep the numbers of confined prisoners down and to get rid England
of the problem of crime.
Imprisonment as a Modern Form of Punishment
A prison, penal penitentiary, a correctional facility is a place in which

individuals are physically confined or interned and usually deprived of a range of
personal freedoms. Prisons are conveniently institutions which form part of the
criminal justice system of a country, such that imprisonment or incarceration is a legal
penalty that may be imposed by the state for the commission of a crime.
In popular parlance of many countries, the term jail or gaol are considered
synonymous with prison, although legally these are often distinct institutions: typically,
jails are intended to hold persons awaiting trials or serving sentences of less than one
year, whereas prisons hosts prisoners serving longer sentences.
A criminal suspect who has been charged with or is likely to be charged with a
criminal offense may be held on remand in prison if he or she is denied, refuse or
unable to meet conditions of bail, or is unable to post bail. This may also occur where
the court determines that the suspect is at risk of absconding before the trial, or is
otherwise a risk to society. A criminal defendant may also be held to prison while
awaiting trial or a trial verdict or if found guilty, a defendant will receive a sentence
requiring imprisonment.
Prisons may also be used as a tool of political repression to detain political

prisoners, prisoners of conscience, and “enemies of the state”, particularly by
authoritarian regimes. In times of war or conflict, prisoners of war may also be
detained in prisons.
A prison system is the organization arrangement of the provision and

operation of prisons, and depending on their nature, may invoke a corrections system.

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Although people have been imprisoned throughout history, they have also regularly
been able to perform prison escapes.
For most of history, imprisoning has not been a punishment in itself, but rather
a way to lock up criminals until corporal or capital punishment. Dungeons were used
to hold prisoners; those who were not killed or left to die there often became galley
slaves or face penal transportations.
Bureau of Correction in the Philippines
Corrections in the Philippines started during pre-colonial times when the task
was community-based. It was only during the Spanish regime that an organized
corrective service was made operational.
The main penitentiary was the Old Bilibid Prison in Oroquieta St. in Manila,
which was established in 1847. It was formally opened on April 10, 1866 by a Royal
Decree. About 4 years later, on August 21, 1870, the San Ramon Prison and Penal
Farm in Zamboanga was established to confine Muslim Rebels and recalcitrant
political prisoners opposed to the Spanish rule. The facility, which faced the Jolo Sea,
had Spanish-inspired dormitories and was originally set on a 1,414-hectare sprawling
estate.
When the Americans took over in the 1900’s, the Bureau of Prisons was
created under the Reorganization Act of 1905 (Act No. 1407 dated November 1,
1905) as an agency under the Department of Commerce and Police. It also paved the
way for the re-establishment of San Ramon Prison in 1907, which was destroyed in
1898 during the Spanish-American War. It was placed under the auspices of the
Bureau of Prisons and started receiving prisoners from Mindanao.
Before the reconstruction of San Ramon Prison, the Americans established in

1904 the Ihawig Prison and Penal Farm, in Puerto Princesa, Palawanon a vast
reserve of 28,072 hectares. It would reach a total land area of 40,000 hectares in the
late of 1950’s. it was located in the westernmost part of the archipelago far from the
main town to confine incorrigible with little hope of rehabilitation. The area was
expanded to 41,007 hectares by virtue of Executive Order no. 67 issued by Governor
Newton Gilbert on October 15, 1912. On November 27, 1929, the Correctional
Institution for Women (CIW) was created in Mandaluyong City under Act No. 3597.
To date, it is the only facility for women in the country; the Davao Penal Colony in
Southern Mindanao was opened on January 21, 1932 under Act No. 3732. Owing to
the increasing number of committals to the Old Bilibid Prison in Manila, the New
Bilibid Prison was established in 1935 in the southern suburb of Muntinlupa, Rizal.
The old prison was transformed into a receiving center and a storage facility for farm
produce from the colonies. It was later abandoned and is now under the jurisdiction of
the Public Estates Authority.

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The Bureau of Prisons was renamed into Bureau of Corrections under the
New Administrative Code 1987 and Proclamation No. 495 issued on November 22,
1989. It is one of the attached agencies of the Department of Justice.
Mission
To protect the public by safekeeping and reforming persons under our custody adhering to
international standards of corrections service.
Vision
A safer society by 2028 through reformed persons reintegrated by a highly efficient and
competent corrections service.
Core Values
a. God Centered - Centering our lives joyfully and dynamically upon the person of God.
b. Vigilance - We are committed to enhance public safety by being responsive to the
extreme demands of corrections duties.
c. Innovativeness - We seek continuing advancement in corrections management in order
to face emerging challenges and to optimize application of resources.
d. Integrity - We promote accountability, equity and inclusiveness by adhering to high
ethical and moral standards.
Functions
1. Safekeep prisoners convicted by courts three (3) years and one (1) day and above to
serve sentence in prison.
2. Prevent prisoners from committing crimes.
3. Provide inmates basic needs.
4. Ensure rehabilitation programs are made available to the inmates for their physical,
intellectual and spiritual development.
5. Develop livelihood programs to assist inmates earn a living and develop their skills while in
prison.
About:
The Correctional System in the Philippines is composed of six agencies under three distinct
and separate departments of the national government:
Penal and Prison Facilities
1. The New Bilibid Prison — Located at

Muntinlupa City.
— At present, it houses
maximum security, medium
security and minimum
security prisoners.
— Specializes in the industrial type of
vocational training.
— It operates the following:
a. Furniture shop

New Bilibid Prison
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b. Shoe repairing shop

c. Blacksmith and Tinsmith shop
d. Auto-mechanics and automobile building shop
e. Tailoring
f. Electronic
g. Watch repairing
h. Carpentry
i. Rattan furniture shop
— Also engaged in gardening, poultry, piggery and animal husbandry.
 Old Bilibid Prison

— Was the first penal institution in the
country using the concept of a national
penitentiary established even before
the effectivity of the Spanish Penal
Code in the Philippines.
— Its design was such that the brigades
were constructed in a radical spokes-
ofa-wheel form. For easy command
and control, a central tower was placed
at the center of the spokes. The
buildings which are referred to as
‘brigadas” are made of strong adobe
stones so sturdy that even in this day Old Bilibid Prison
after its transfer to the City
Government of manila, it still stands and has been used by the City
of Manila as the City jail.
 1847
— The first Bilibid prison was constructed and became the central place for
confinement of Filipino prisoners, by virtue of the Royal Decree of the Spanish
Crown.
 Commonwealth Act no. 67
— A new prison was built in Muntinlupa which gave birth to the “New Bilibid
prison”.
 2 Satellite Units Operated by New Bilibid Prison
1. Bukang Liwayway Camp
2. Sampaguita Camp
 Reception and Diagnostic Center
— Situated in Sampaguita

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— Serves as a place for the classification of prisoners.
Camp Bukang Liwayway Camp Sampaguita
2. The San Ramon Prison and Penal Farm

— It was established for confinement of political offenders.
— It was named after its founder Capt. Ramon Blanco of the Spanish Royal Army. —
It has an area of 1,524.6 hectares.
— Its provincial product is copra, one of the biggest sources of the income of the
Bureau of prisons.
— It also cultivates rice, corn, and coffee and raises cattle and other livestock.
 1869
— Its establishment in
Zamboanga was by
virtue of a Royal
Decree.
 August 21, 1870
— San Ramon Prison and
Penal Farm starts to
operate.
Ramon Blanco
3. The Iwahig Penal Colony

— Previously known as “Iuhit Penal
Settlement”.

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— Established on November 16, 1904 in Puerto Princesa City to serve as an

institution for incorrigible criminals.
— Today, it enjoys the reputation of being one of the best open institutions all over the
world.
— Its original land area is 36,000 hectares but was expanded to 40,000 hectares.
 Lt. Geroge Wolfe

— First Superintendent of the institution.
— A member of the U.S. expeditionary force, who later became the first prison
director.
 Gov. Forbes
— The Secretary of Commerce and Police who envisioned the establishment of
this penal colony.
 Gov. Luke E Wright
— This penal colony was due to his suggestion who felt the need for an
institution designed for hardened criminals.
Gov. Forbes Gov. Luke E Wright Gov. Newton Gilbert
 November 1, 1905
— The Philippine Commission under the authority of the Reorganization Act of
1407 changed the policy by converting the Penal colony from an institution for
incorrigibles to a colony for well-behaved and declared tractable prisoners.
There being no walls, only mutual trust and confidence between wards and
prison authorities keep them together.
 October 15, 1912

— Gov. Newton Gilbert issued an Executive Order which expand its land area
into 41, 007 hectares.
 Four Sub-Colonies of Iwahig Penal Colony: 1.

Sta. Lucia Sub-Colony—9,685 hectares
2. Inagawan Sub-Colony—13,000 hectares
3. Montible Sub-Colony—8,000 hectares
4. Central Sub-Colony—14,700 hectares

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— It is where the headquarters and main buildings of the colony are

located.
**Each operates as a small institution under the charge of the Penal

supervisor.
 Tagumpay Settlement
— Administered by the penal colony.
— It has a land area of 1,000 hectares, a portion of which was divided into
6hectare homestead lot, which was distributed to release inmates who desired
to live in the settlement.
Note**
Old Bilibid Prison, San Ramon Prison and Penal Farm and Iwahig Penal
Colony were placed under the Bureau of prisons jurisdiction including the
Corregidor Stockades and the Bontoc Prison which were later phased out of
use.
4. The Davao Penal Colony

— Established on January 21, 1932 in accordance with Act. No. 3732 and
Proclamation No. 414, Series of 1931.
— At present, the area approximately consists of 30,000 hectares situated in the
Districts of Panabo and Tagum, Davao del Norte and is devoted to abaca.
— This institution is now the main source of income of the Bureau of Prisons from its
vast abaca, rice, and other agricultural products.
— The colony has been engaged in a joint venture with Tagum Development
Company in a 3,000-hectare banana plantation.
Davao Penal Colony

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 Gen Paulino Santos

— The founder and the then Director of Prisons
who led the first contingent of prisoners that
opened the colony.
 1942
— This colony was used as a concentration camp of
American Prisoners of War.
 August 1946
— The colony was re-established and restored to
its former productive activity by Gen Paulino Santos
slow reconstruction.
 Three Sub-Colonies of Davao Penal
Colony:
1. Panabo Sub-colony
4. Kapalong Sub-colony
5. Abaca Decorticating Plant
— Takes charge of the production of abaca, which is the main product and
industry of the penal colony.
 Tanglaw Settlement
— Settlement site of the colony for released inmates who wish to stay inside the
colony.
5. The Correctional Institution for Women

— Is an institution under the BuCor with a separate budgetary outlay for the needs of
female prisoners.
— This is the only penal institution for women in the Philippines.
— It conducts vocational courses in dressmaking, beauty culture, handicraft, cloth
weaving and slipper making.
— Education is also offered to include physical education, reflexology classes, aside
from the basic health, dental, and medical services regularly given to inmates.
 November 27, 1929.

— Act No. 3579 was passed authorized the establishment of the Correctional
Institution for Women on an 18-hectare piece of land in Mandaluyong.
— Its origin is from “Women’s prison” but due to the modern concept and
merging trends in penology, the same was changed to “Correctional
Institution for Women”.
 February 14, 1931

— The institution was transferred from the Old Bilibid prison to a building in
Welfareville Compound, Nueve de Pebrero, Mandaluyong City.

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 1934
— The position for female superintendent was created.
6. The Sablayan Penal Colony and Farm

— It has been used as a facility where
prisoners from the New Bilibid
prison are brought for decongestion of
the New Bilibid prison.
— It provides a work program in
agroindustrial production as well as
nonformal education for prisoners.
— Horticulture is the main sources of
production; private
sectors are encouraged to
participate through joint venture in
rice and corn.
— At present, rice is the principal product of the colony which serves as its main
source of income. It is self-sufficient in rice and also raises vegetables not only for
the use of the colony but also for the inmates of the New Bilibid Prison.
 September 27, 1954

— The president issued Proclamation No.72, settling aside 16, 190 hectares of
virgin land in Sablayan, Occidental Mindoro, for the establishment of the
Sablayan penal colony and farm.
 January 14, 1955

— The first colonists and employees arrived in Sablayan.
7. The Leyte Penal Farm (Leyte Regional Prison)

PDL
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— Leyte Regional Prison (LRP) was created by virtue of P.D. no. 1101.
— Located in Brgy. Mahagna, Abuyog, Leyte some 66 kilometers from Abuyog town
proper.
— It is situated on an 861.66 hectare forested area on top of a mountain surrounded
by mountain ranges.
— It was built to receive, confine, secure and rehabilitate convicted criminals
classified as national prisoners whose sentences range from three years
and one-day imprisonment or above.
— The penal colony houses maximum security, medium and minimum security
prisons.
— Prisoners within the prison compound are usually engaged in farming and also in
handicraft making. Others are household helpers who receive some simple tokens
and small compensation. Prisoners were used for maintenance work in the
stockage and in the hospital, assisting in the various shops in the island, road
work, garbage disposal and sanitation, electric railways, building repair and
maintenance, and ordnance work.
 Two Communities Composed the Leyte Penal farm

1. Enclosed community
— Prisoners who are in the enclosed community are those who belong to
the medium and maximum security.
2. Open community
— Minimum security is placed in the open community
THE DEATH PENALTY
The subject of capital punishment has fueled heated debate by criminologist and by
the public at large. In the Philippines, death penalty is prohibited by the 1987 Constitution
except for compelling reasons, involving heinous crimes. Due to the upsurge of heinous
crime Philippine Congress was prompted to reimpose it leading to the enactment of
Republic Act 7659 – otherwise known as “An Act to Impose the Death Penalty on Certain
Heinous Crimes” which was approved on December 13, 1993.
Persons penalized with death penalty shall be executed by lethal injection pursuant to
Republic Act 8177 or the Lethal Injection Law, However, June 24, 2006, Republic Act No.
9346 a law that prohibits the imposition of death penalty was enacted, leading to the
stoppage of the execution of the death convicts. However, the concept of heinous crime in
our penal laws remain. And in lieu of the death penalty, the following shall be imposed:
a. Reclusion Perpetua – when the law violated makes use of the nomenclature of
the Penalties of the Revised Penal Code; or
b. Life Imprisonment – when the law violated does not make use of nomenclature
of the penalties of the Revised Penal Code.
Death convicts whose sentences had been reduced to reclusion perpetua shall not be
eligible for parole under Act No. 4180 otherwise known as Indeterminate Sentence Law.

112
Crimes are considered heinous for being grievous, odious and hateful offenses and
which, by reason of their inherent or manifest wickedness, viciousness, atrocity and
perversity are repugnant and outrageous to the common standards and norms of decency
and morality in a just, civilized and ordered society.
Republic Act 7659 enumerated heinous crimes as follows:

1. Treason;
2. Qualified Piracy;
3. Qualified Bribery;
4. Parricide;
5. Murder;
6. Infanticide;
7. Kidnapping and Serious Illegal Detention;
8. Robbery with Violence Against or Intimidation of Persons;
9. Destructive Arson;
10. Rape;
11. Plunder;
12. Violation of R.A. No 9165, otherwise known as the Comprehensive Dangerous Act
of 2002
Arguments in favor of the Death Penalty

1. It is sanctioned in the Bible as well as by historical tradition as a culturally
approved manner of dealing with heinous offenders.
2. It is an effective deterrent in preventing cold-blooded murder.
3. It is more economical than the permanent, lifelong warehousing of the most
dangerous criminals.
4. It is the ultimate specific deterrence.
5. In terms of retribution, those who kill innocent persons in cold blood deserve
similar punishment
6. Enactment of the death penalty where appropriate discourages private revenge
and vigilantism.
Arguments against Capital Punishment

1. The death penalty is irreversible; thus, the rare execution of an innocent party
cannot be undone.
2. No matter what the reason for execution, the state becomes a murderer, a cold-
blooded killer.
3. Use of the death penalty is a savage practice and has no place in a civilized
society. The society becomes as inhumane as the condemned.
4. The general deterrence ability of the death penalty has not been proven.
5. The adjudication of cases involving death penalty is far more costly.
6. The enactment of capital punishment has always been discriminatory.
The research on capital punishment has indicated that the enactment of the death
penalty is no more of a deterrent than life imprisonment.
Ultimately, the capital punishment debate is a moral one that is likely to continue to be
debated.

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RESTORATIVE JUSTICE
Basic Concept
A system of criminal justice which focuses on the rehabilitation of offenders through
reconciliation with victims and the community at large. The new approach toward justice that
give emphasis on the needs of the victims and the offenders, as well as the involved
community. This approach to justice is with clear disparity with punitive approached where
the main intent and purpose is to punish the offender and to carry out legal requirements.
In restorative justice, victims of crimes will be given active roles in the process.
Offenders on the other hand, are required to take responsibility for their actions, to restore
the damage they have done (by making apologies, return of stolen properly, or to do
community service. Most importantly, the restorative justice approach intended to assist the
offender, for him to be restored with his previous standing before he committed the crime, as
a law-abiding citizen.
The Restorative Justice approach is based on a theory justice that considers crime
and wrongdoing to be an offence against an individual or community, rather than the Sate.
This approach open discussions and dialogue between victim and offender which may
secure victim satisfaction and accountability from the offender.
Restorative Justice vis-a-vis Traditional Criminal Justice

Traditional Restorative
How crime is Crime is a violation Crime is a violation against
considered? against the state which a person or community
create guilt which create obligations
What is the central Determination of guilt Determination of the needs
focus of the and establishing of the victim and
process? culpability of offender establishing solution and
restoration
What is the intent of Imposition of Reconciliation/restoration
the process? punishment
Who are the - State - active - State – Active
participants and their - Offender – - Offender –
roles? passive encouraged to play
- Victim – ignore active role and to
take responsibility
- Victim – rights and
needs recognized
How the offender be To take the punishment To take responsibility
made accountable

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MODULE 7
CRIMINOLOGY AND CRIMINAL JUSTICE
Introduction
The everyday life of every Filipino naturally revolves around our criminal justice system.
Living a normal life means abiding the laws, rules and regulations, and at the same time
enjoying the rights and protection afforded to him as a citizen of our demographic
country, by the Constitution. Accordingly, a person who goes beyond the bounds of the
law is expected to face the consequences of his action and go through the process of
the criminal justice system (Mandelo,2013).
The Criminal Justice System in the Philippines is a modified version of the American
Justice System. The Philippine Criminal Justice System is comprised of the comprised
of the following pillars: Law Enforcement, Prosecution, Court, Correction and
Community. This is an innovation of the American Justice System where it only has
three pillars, namely, Law Enforcement, Court and Correction. Prosecution and
Community are pillars included in our justice system because they play a vital role in
crime prevention and criminal justice process.

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At the end of this chapter, the students will be able to:

1. Understand the important concepts in the study of Criminology and Criminal Justice
2. Recognize and adhere on the functions and roles of the pillars of the Philippine
Criminal Justice System
Motivation
Think about this…
Lesson Proper
Distinction between Criminology and Criminal Justice
Criminology and Criminal Justice is different from each other. The known American
sociologist Edwin Sutherland provided a definition of Criminology that is widely used
when referring to the study of crime by the various academic disciplines. Sutherland
described criminology as “the body of knowledge regarding crime as a social
phenomenon. The definition includes within its scope the process of making laws, of
breaking laws, and of reacting towards the breaking of laws. The objective of criminology
is for the development of a body of general and verified principles and of other types of
knowledge regarding this process of law, crime and treatment of prevention.
On the other hand, criminal justice refers to the study of the processes involved in a
system of justice, the people who performed this tasks, the scope and nature of the
system, and public policy, laws and regulations that shape the administration and
outcomes of a criminal justice system.
Criminology often includes the study of the criminal justice system, but the criminologist
may focus more on theoretical investigations, such as who breaks the law, why do

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people breaks the law, why do people not break the law, what motivates law breaking,
and what discourages law breaking.
According to Professor James A. Fagin of East Stroudsburg University of Pennsylvania,

Criminology can be included in the study of criminal justice. Because the academic
discipline of sociology preceded that of criminal justice, the sociology departments of
many colleges and universities offer criminology classes, even when the institution has a
criminal justice major. It is not uncommon for sociology departments to distinguish
between the study of criminology and the study of criminal justice. However, many
different scientific, professional, and academic disciplines contribute to the study of
criminal justice, and these include biology, chemistry, criminology, forensics, law,
medical science, neurology, political science, psychiatry, psychology, public
administration and sociology. (Criminal Justice by James Fagin, pp. 25-26)
Criminology Criminal Justice System
Criminology tends to focus on the Criminal Justice tends to focus on the legal
determination and development of process on how to deal with criminal
principles, concepts, and theories of crime offender.
causation.
Criminology explains the etiology (origin), Criminal Justice studies the agencies of
extent and nature of crime in the society. Social Control that handles criminal
offenders.
Criminology tends to focus on research. Criminal justice tends to focus on the

application, public law, public policy, and
decision making, and career development.
Criminologists are concerned with Criminal Justice Professionals are engage

identifying the nature, extent, and cause of in describing, analyzing, and explaining the
crime. operations of agencies of justice (the five
components of CJS). They seek more
effective methods of crime control and
offender rehabilitation.
Both criminology and criminal justice are eclectic disciplines that borrow researches and
theories from other related disciplines. Some of the earliest criminologists were medical
doctors and psychiatrists, while many influential criminologists of the twentieth century were
sociologists.
Scope of the Study of Criminology
Criminology is the broad field of the study of crimes and criminals. Its scope is categorized
into the following studies:

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1. The Making of Laws-pertains to the examination of the nature and structure of laws in
the society which could be analyzed scientifically, systematically and exhaustively to
learn causation and eventually help fight them.
2. The Breaking of Laws- pertains to the examination of the reasons of crime causation
which primarily deals to answer issues why despite the presence of laws people
commit crimes.
3. Reaction Towards the Breaking of Laws- pertains to the study of how people, the
criminal and the government reacts towards the breaking of laws because the
reactions necessarily bright light to the development of modern measures to treat the
criminal offenders at the same time
Areas of Study in Philippine Criminology
Six Principal Areas in Criminology in relation to the licensure examination for

criminologists:
1. Criminal Behavior or Criminal Etiology- the scientific analysis of the causes of crime
and the study of criminal behavior, which is under the area of Criminal Sociology.
2. Sociology of Law - the study of law and its application, which is under the area of
Criminal Jurisprudence and Procedures.
3. Penology or Correction – study that deals with punishment and the treatment of
criminals offenders under the area of Correctional Administration.
4. Criminalistics or Forensic Science – study regarding “instrumentation” involving the

tools in crime detection and criminal identification. It belongs to the area known as
Criminalistics.
5. Law Enforcement- refers to the manner in which authorities enforce the local and
national laws of the land. Under the area of Law Enforcement Administration.
6. Criminal Investigation- pertains to the processes of crime detection and the

identification of criminal offenders. It is under the area of Crime Detection and
Investigation.
Other Sub-Fields or Perspectives of Criminology
1. Critical Criminology- the study focuses on law and punishment where crime is
viewed as interconnected and part of the system of social inequalities. Critical
Criminologists deals on the account of contextual factors of crime such as
oppression of workers, class division, ethnic minorities, women, sexism and racism.

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2. Applied Criminology- uses a variety of disciplines to examine criminality and the

criminal justice system. The study focuses more on the processes seen in the justice
system and in the enforcement of laws directed towards influential social policies.
3. Experimental Criminology- It focuses on random selection of social issues directed

to evidenced-based crime and justice policy.
4. Comparative Criminology- a perspective of criminology that deals with the study of

the crime problem by understanding the differences and similarities of social cultures
in order to understand crime patterns and trends.
5. Convict Criminology- deals with study of convicts and ex-convicts in order to provide
answers to many issues in criminal justice where criminal correction is a pillar in the
system.
6. Green Criminology- deals with the analysis of crimes involving a variety of

environmental concerns with link to criminal activities.
Concept of the Philippine Criminal Justice System
1. The First Pillar- Police/Law Enforcement

The first pillar stands as the forefront and prime mover of the justice system which have
the following goals to wit:
1. Crime Prevention
2. Arrest or Criminal Apprehension
3. Criminal Investigation
4. Order Maintenance
5. Public Service
6. Traffic regulation and motor accident investigation
The Police
The police or law enforcers are the most visible representative of the government in the
society. The first line of defense against crime, for only if the police arrest suspect will
rest of criminal justice system come play in prosecuting, trying, convicting and
rehabilitating the offenders.
The term “police” derived from the word POLITIA, meaning condition of a state,
government, and administration. Politia originated from the Greek word “Politeia” which
means government, citizenship, or the entire activity of polis in the city.
Police Roles in Criminal Justice System

1. To conduct Criminal Investigation
2. To make an arrest or criminal apprehension
3. To conduct search and seizures

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4. To prepare and file complaint

5. To participate in the prosecution of offenses
Note: In every stage of police performance of its roles and duties, strict compliance to
constitutional and statutory rights of person shall always be observed.
2.The Second Pillar- Prosecution

In this stage of justice system, determination of the legality of the action of the law
enforcer and the evaluation of evidence presented takes place. Likewise, presence of
probable cause to warrant prosecution known as Preliminary Investigation will be
determined.
Three (3) main functions of the Prosecution Pillar

1. To conduct Preliminary Investigation
2. To conduct Inquest Proceeding
3. To act as lawyer of the state in criminal prosecution
3.The Third Pillar- Court

In this stage of criminal justice system, judicial determination of the guilt or
innocence of the accused is under consideration. Our Constitution ordains that judicial
powers shall be vested in one Supreme Court and such lower courts as may be
established by law (Section 1, Article VIII of the 1987 Philippine Constitution).
Court
- Is defined as a governmental body officially assembled under the authority of law at
the appropriate time and place for the administration of justice through which state
enforces its sovereign rights and power.
Judicial Power
- The judicial power shall be vested in one Supreme Court and in such other courts as
may be established by law.
- Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack of excess
of jurisdiction on the part of any branch or instrumentality of the Government (Section
1, Article VIII, 1987 Constitution).
Functions of the Court

1. Keeping the peace
2. Deciding controversies
3. Administrative Role
Different Judicial Courts in the Philippines

1. The Supreme Court
2. Court of Appeals
3. Court of Tax Appeals

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4. Sandiganbayan
5. Regional Trial Court
6. Municipal Trial Courts
7. Family Court
8. Shari’a Court
Note: Barangay Court is not among those judicial courts
Criminal Jurisdiction
- Is the authority to hear and try a particular offense and impose the punishment for it.
Criminal jurisdiction is essential because without this the court cannot hear, try and
decide to a particular case.
4.The Fourth Pillar- Correction

In this stage, correction, rehabilitation and reorientation of those who judicially found
guilty will takes place.
Correction
- Is that branch of the administration of criminal justice charged with the responsibility for
the custody, supervision and rehabilitation of the convicted persons.
- Correction is in a view of reorientation or re-instruction of the individual with a purpose
of preventing a repetition of the unlawful activities without necessity of taking punitive
action.
Two (2) Approaches of Correction

1. Institutional Correction
- Rehabilitation or correctional programs takes place inside correctional facilities or
institutions such as national penitentiaries and jails.
2. Non-Institutional Correction
- Rehabilitation or correctional programs takes place within the community. This is
otherwise referring to as community-based correction. Is this approach the convict will
not be placed in correctional facility or jail.
Agencies of the government charged with correctional responsibility

1. Bureau of Correction (BuCor)
2. Bureau of Jail Management and Penology (BJMP)
3. Board of Pardons and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and Sub-Provincial Jails (Provincial Governments)
6. Department of Social Welfare and Development (DSWD)
5.The Fifth Pillar- Community

Community as a pillar is very indispensable in the system because in the absence of
citizen’s assistance, the criminal justice system will not be able to handle effectively the

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complicated task of preventing and controlling crime. There is a need for more balance
allocation of peacekeeping duties between the criminal justice system and the
prevention of responsibilities.
Crime prevention activities must include those that have greatest potential for crime
reduction and improving the quality of life. These may be accomplished by the following:
1. Reinforcing and strengthening the basic social institution which is the family through
programs formulated by the government such as Department of Education (DepEd),
the Department of Social Welfare and Development (DSWD) and the concerned Local
Government Units (LGU’s) with coordination with Non-Governmental Organization
(NGOs).
2. To provide quality but less costly education up to tertiary level. Full scholarship must
likewise available for those who are cannot afford to expend for their education with
through programs of DepEd, CHED and TESDA.
3. Providing health-care programs by the DOH and PHILHEALTH for those who are
considered victim of illegal drugs especially in the areas where there are rampant drug
abuse problems.
4. Providing recreation programs for the youth to prevent delinquency and drug abuse.
5. Active participation of the mass media in educating the public against criminality.
6. Providing and creating job opportunities for those unemployed and underemployed
with the assistance of the Department of Labor and Employment.
The success of the Criminal Justice System, specifically the community pillar will be
based on the role performances of the following:
1. The Family
2. The Barangay
3. The Schools
4. The Government
5. The Private Sectors (NGO’s)
6. The Church
7. The Mass Media

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MODULE 8
THE CRIMINOLOGY PROFESSION IN THE PHILIPPINES
Introduction
Today, a new law was signed regulating the
practice of criminology profession in the
Philippines. It aims to govern the examination,
registration and licensure of criminologists;
supervise, control and regulate the practice of
criminology; and develop professional
competence of criminologists.

It said the state recognizes the importance of
criminology profession in national security, public
safety, peace and order, and in nation building
and development. Hence, it shall develop and
nurture competent, virtuous, productive and well-
rounded criminologists whose standards of
professional practice and service shall be
excellent, qualitative, world-class and globally competitive through sacred, honest,
effective and credible licensure examinations, coupled with programs and activities that
would promote professional growth and development.

The Professional Regulatory Board for Criminologists will be created to administer,
supervise and monitor licensure examination, registration, membership, and practice of
criminology. The Board will also receive complaints and decide on the matter as to the
malpractices and unethical conduct in the practice of the criminology profession, and
disqualify licensure examination applicants who has been previously convicted of a
crime with finality involving moral turpitude.


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At the end of the chapter, the students will be able to:
 Adhere and understand the legal aspects of criminology
profession in the Philippines.

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Lesson Proper
Functions
Criminologists may perform the following:
 Conduct of research projects involving the nature and causes of crime, etiology of
crimes, juvenile delinquency, and such other criminological issues pertaining to
offenders, victims, criminal law and the administration of criminal justice system;
 Compilation, analysis and interpretation of information on the incidence of crime and
the operation of the criminal justice system;
 Crime detection and investigation through the application of forensic sciences of
dactyloscopy, ballistics, photography, questioned documents, DNA, polygraphy,
Forensic toxicology and other scientific aspects of crime detection;
 Law enforcement functions such as peace keeping, patrolling, responding to calls for
assistance, deterring potential criminals, apprehending law violators and public safety
services during disasters and calamities such as fire incidents, flood, typhoon,
earthquake, etc;
 Correctional services such as custodial functions in correctional institutions;
rehabilitation and reformation services for offenders committed to correctional
institutions and convicted offenders legally allowed to remain in the community; and
monitoring and supervising those under probation or parole;
 Protective security services in public and private security agencies; and
 Teach professional subjects of the criminology education program.
Skills and Competencies

• Must have analytical ability, critical thinking, decision-making skills;
• Must have effective oral and written communication skills;
• Must have a good grasp of human relations, morale and ethics;
• Must possess personal integrity, accountability and responsibility and public service
orientation;
• Must have interest in welfare and human behavior with social perceptiveness,
coordination, persuasion and active listening skills.
REPUBLIC ACT NO. 6506

An Act Creating the Board of Examiners for Criminologists in the Philippines and
for Other Purposes
Section 1. Creation and Composition of the Board.- There shall be created a

Board of Examiners for Criminologists in the Philippines to be composed of a Chairman
and two members possessing the qualifications prescribed in Section three of this Act,
who shall be appointed by the President of the Philippines upon the recommendation of
the Commissioner of Civil Service from among the registered criminologists, if any, or
from known criminologists or recognized standing in the profession, with the consent of
the Commission on Appointments: Provided, That the first Board of Examiners for
Criminologists to be created pursuant to this Act shall be issued a certificate of
registration as criminologists without prior examination in accordance with the provisions
of this Act.

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Section 2. Powers Vested in the Board. - The Board of Examiners for

Criminologists is vested with authority conformably with the provisions of this Act, to
administer the provisions thereof, to issue, suspend or revoke certificates of registration
for the practice of criminology and to administer oaths.
Section 3. Qualifications of Board Members. - The Members of the Board

shall at the time of their appointment be:
1. Natural-born citizens of the Philippines;

2. Holders of the degree of Bachelor of Science in Criminology (B.S. Crim.) or Master of
Criminology (M.Crim.), conferred by a reputable and legally constituted College or
Institute of Criminology recognized by the Government;
3. At least thirty years of age;
4. Registered criminologists with at least ten years’ experience in the profession:
Provided, That the requirements of registration shall not apply to appointments to the
first Board;
5. Non-members of the Faculty of any school, college or institute where a regular course
in Criminology is taught, nor have any pecuniary interest in such institution; and
6. Not connected with any government agency which operate an academy, training
school or institute for the education or training of peace officers or law enforcement
agents.
Section 4. Term of Office. - The members of the Board shall hold office for a
term of three years after their appointments unless sooner removed for any of the
causes enumerated in Section six of this Act. In which case their successors shall be
appointed immediately and duly qualified, who shall serve the un expired term only.
Each member of the Board shall qualify by taking the proper oath of office prior to
entering upon the performance of his duties.
Section 5. Executive Officer and Secretary of the Board. - The Commissioner

of Civil Service shall be the executive officer of the Board and shall conduct the
examination given by the Board. The Secretary of all the Boards of Examiners appointed
under Republic Act Numbered Five hundred forty-six shall also be the Secretary of the
Board of Examiners for Criminologists. All records and minutes of deliberations of the
Board, including examination papers, shall be kept by the Civil Service Commission
under the direct custody of the Secretary.
Section 6. Removal of Board Members. - The President of the Philippines may

remove any member of the Board for neglect of duty or incompetency or for
unprofessional or dishonorable conduct, after having given the member concerned an
opportunity to defend himself in the proper administrative investigation.
Section 7. Compensation of Board Members- The members of the Board shall

each receive a compensation not exceeding ten pesos for each applicant examined. All
fees shall be received by the officer designated by competent authority as collecting
officer for the Civil Service Commission, and such officer shall pay all authorized
expenses of the Board, including the compensation provided for by this Act for the
members of the Board.

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Section 8. Annual Report. - The Board shall submit an annual report to the
President of the Philippines after the close of each fiscal year, giving detailed account of
its proceedings, during the year and making such recommendation as it may deem
necessary and proper.
Section 9. Inhibition Against the Practice of Criminology. - No person shall

practice or offer to practice as a criminologist in the Philippines without having previously
obtained a certificate of registration from the Board.
Section 10. Exemption from Registration- Registration shall not be required of

the following classes of persons:
a. Criminologists from other countries called in for consultations or for a special

project related to Criminology not requiring more than five months” residence in the
Philippines in any twelve months” period: Provided, that such criminologists are legally
qualified to practice as such in their own State or country.
b. Foreigners employed as technical officers, professors or consultants in such
special branches of Criminology or may, in the judgment of the President of the
Philippines, be necessary and indispensable for the country: Provided, however, that
they are internationally recognized experts and that they do not engage in private
practice during their stay in the Philippines.
Section 11. Examination Required. - Except as otherwise specifically allowed

under this Act, all applicants for registration as criminologists shall be required to
undergo an examination as provided in this Act.
Section 12. Qualifications for Examination. - Any person applying for

examination and for a certificate, shall, prior to admission to examination, establish to
the satisfaction of the Board that:
a. He is at least eighteen years of age and a citizen of the Philippines;

b. He must be a person of good moral character, as certified to by at least three
persons of good standing in the community wherein he resides;
c. He must not have convicted of a crime involving moral turpitude; and
d. He has a graduated in Criminology from a school, college or institute
recognized by the Government after completing a four-year resident collegiate course
leading to the degree of Bachelor of Science in Criminology (B.S. Crim.): Provided, that
holders of Bachelor of Laws degree may, within five years after the approval of this Act,
take this examination after completing at least ninety-four (94) units of Criminology, Law
Enforcement, Police Science and Penology subjects.
Section 13. Holding of Examination. - The Board is hereby authorized to

conduct examinations in the Cities of Manila, Baguio, Legaspi, Cebu, and Davao
whenever practicable at least once a year and on such working days and place as the
Board may fix with the approval of the Commissioner of Civil Service. Written or printed
notice of examination shall be published in newspapers and copies mailed to each

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candidate who has filed his name and address with the Secretary of the Board, at least
thirty days prior to the date of examinations.
Section 14. Scope of Examination. - The examination shall be in writing and

shall cover the following subjects with their respective relative weights:
Subjects Relative
Weight
Criminal Jurisprudence and Procedure 20%

Law Enforcement Administration 20%
Correctional Administration 15%
Criminalistics 20%
Criminal Sociology 15%
Ethics and Human Relations 10%
However, the Board may change or revise any of the above subjects in the event
the Department of Education shall correspondingly change the curriculum prescribed for
the Degree of Bachelor of Science in Criminology. In the conduct of the examination, the
Board, in its discretion, may give practical and field examinations in each subjects, as it
may deem fit.
Section 15. Ratings in the Examination. - In order to pass the examination, a

candidate must obtain a general average of at least seventy-five percent with no rating
below fifty percent in any of the subjects.
Section 16. Report of Ratings. - The Board shall within ninety days after the
date of the completion of the examination, report the ratings obtained by each candidate
to the Commissioner of Civil Service.
Section 17. Oath taking- All successful candidates shall be required to take a
professional oath before the Board or before any person authorized to administer oaths
prior to entering upon the practice of criminology in the Philippines.
Section 18. Issuance of Certificate- Upon payment of the registration fee as

provided in this Act, the Board shall issue a certificate of registration as criminologists to
any applicant who, in the opinion of the Board has satisfactorily met all the requirements
specified in this Act. All certificates of registration issued under this Act shall show the
full name of the registrant; shall have serial numbers, shall be signed by all the members
of the Board, shall be attested to by the Secretary of the Board, and shall be
authenticated by the official seal of the Board: Provided, that upon application filed within
six months after the approval of this Act, the Board shall issue a certificate of registration
without examination to persons who have graduated with the Degree of
Bachelor of Science in Criminology (B.S. Crim.) and who have been in the practice of
criminology for at least ten years prior to the enactment of this Act.

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Section 19. Fee for Examination and Registration- All applicants for
examination shall pay an application fee of fifty pesos and every applicant for
registration shall pay a registration fee of thirty pesos.
Section 20. Revocation of Certificate of Registration. - The Board may, after

giving due notice and hearing to the party concerned, revoke or suspend his certificate
of registration if found guilty of malpractice, incompetency, unprofessional conduct,
serious ignorance or gross negligence in the practice of criminology. He shall be
required to surrender his certificate of registration to the Board. The decision of the
Board, however, may be appealed within thirty days to the President of the Philippines
whose decision shall be final.
Section 21. Reissue of Revoked Certificate of Replacement of Lost

Certificate. - After the expiration of one year from the date of revocation of a certificate
of registration, and after payment of the required fee, the Board 8 may, for reasons it
may deem sufficient, entertain an application for new certificate of registration from a
person whose certificate has been revoked. A new certificate of registration to replace a
certificate lost, destroyed or mutilated may be issued, subject to the rules of the Board
and upon payment of a fee of thirty pesos.
Section 22. Criminologist Defined. - A criminologist is any person who is a

graduate of the Degree of Criminology, who has passed the examination for
criminologists and is registered as such by the Board.
Section 23. Practice of Criminology Defined. - A person is deemed to be

engaged in the practice of Criminology if he holds himself out to the public in any of the
following capacities:
1. As a professor, instructor or teacher in Criminology in any university, college

or school duly recognized by the government and teaches any of the following subjects:
(a)Law Enforcement Administration, (b)Criminalists, (c) Correctional Administration,
(d)Criminal Sociology and allied subjects, and (e)other technical and specialized
subjects in the Criminology curriculum provided by the Department of Education.
2. As law enforcement administrator, executive, adviser, consultant or agent in
any government or private agency.
3. As technician in dactyloscopy, ballistics, questions documents, police
photography, lie detection, forensic chemistry and other scientific aspects of crime
detection.
4. As correctional administrator, executive supervisor, worker or officer in any
correctional and penal institution.
5. As counselor, expert, adviser, researcher in any government or private agency
on any aspects of criminal research or project involving the causes of crime, juvenile
delinquency, treatment of offenders, police operations, law enforcement administration,
scientific criminal investigation or public welfare administration.
Section 24. Privileges of certified criminologists.- All certified criminologists

shall be exempt from taking any other entrance or qualifying government or civil service

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examinations and shall be considered civil service eligible to the following government
positions: (1) dactylographer, (2) ballistician, (3) questioned document examiner, (4)
correctional officer, (5) law enforcement photographer, (6) lie detection examiner, (7)
probation officer, (8) agents in any law enforcement agency, (9) security officer, (10)
criminal investigator, or (11) police laboratory technician. Certified criminologists shall be
eligible for appointment as Patrolman in chartered cities and municipalities, provided
they possess the general qualifications for appointment provided in Section nine,
Republic Act Numbered Forty-eight hundred and sixty-four. *
Section 25. Penal Provisions.- Any person who shall hold himself out as a
criminologist without being duly registered and certified in accordance with the
provisions of this Act, or who shall give any false or fraudulent evidence of any kind to
the Board in connection with any examination, or who shall violate any of the rules and
regulations promulgated by the Board in connection with any examination, or who shall
violate any of the rules and regulations promulgated by the Board in connection with the
practice of Criminology in the Philippines, shall upon conviction be sentenced to a fine of
not less than two thousand pesos nor more than ten thousand pesos or to suffer
imprisonment for a period of not less than one year but not exceeding three years or
both, at the discretion of the court.
Section 26. Repealing Clause. - All laws, executive orders, administrative

orders or ordinance inconsistent with any provision of this Act are hereby repealed or
modified accordingly.
Section 27. Effectivity. - This Act shall take effect upon its approval. Approved,
July 1, 1972.
REPUBLIC ACT NO. 11131

An Act Regulating the Practice of Criminology Profession in the Philippines and
Appropriating Funds Therefor, Repealing for the Purpose Republic Act No. 6506,
Otherwise known as “An Act Creating the Board of Examiners for Criminologists
in the Philippines
ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE
Section 1. Title. - This Act shall be known as "The Philippine Criminology

Profession Act of 2018".
Section 2. Statement of Policy. - The State recognizes the importance of

criminology profession in national security, public safety, peace and order, and in nation-
building and development. Hence, it shall develop and nurture competent, virtuous,
productive and well-rounded criminologists whose standards of professional practice
and service shall be excellent, qualitative, world-class and globally competitive through

131
sacred, honest, effective and credible licensure examinations, coupled with programs
and activities that would promote professional growth and development.
Section 3. Objectives. - This Act shall govern:
(a) The examination, registration and licensure for criminologists;
(b) The supervision, control and regulation of the practice of criminology;
(c) The standardization and regulation of criminology education;
(d) The development of the professional competence of criminologists through

Continuing Professional Development (CPD); and
(e) The integration of all criminology professional groups, and membership of all
registered criminologists to the accredited professional organization.
Section 4. Definition of Terms. - As used in this Act, the following terms shall
be defined as follows:
(a) APO refers to the Accredited Professional Organization of criminologists,

that the Professional Regulatory Board of Criminology created hereunder and,
hereinafter referred to as the Board, as the one and only recognized and
accredited integrated national organization of criminologists, subject to the
approval of the Professional Regulation Commission (PRC) hereinafter referred
to as the Commission created under Republic Act No. 8981, otherwise known as
the "PRC Modernization Act of 2000";
(b) Board refers to the Professional Regulatory Board for Criminologists created
hereunder;
(c) CHED refers to the Commission on Higher Education (CHED) created

under Republic Act No. 7722, otherwise known as "Higher Education Act of
1994", in the formulation of policy standards, and monitoring of the criminology
education in the country, which shall be assisted by the Criminology Technical
Panel composed of the president of the APO, Chairperson of the Board of
Criminology, one (1) from the academe, and two (2) from the law enforcement
agencies;
(d) Commission refers to Professional Regulation Commission (PRC)

hereinafter referred to as the Commission created under Republic Act No. 8981,
otherwise known as the "PRC Modernization Act of 2000";
(e) Criminology refers to the scientific study of crimes, criminals, and victims, it
also deals with the prevention, and solution of crimes;

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(f) Profession refers to the art and science in the practice of criminology
discipline; and,
(g) Registered criminologist refers to a natural person who holds a valid

certificate of registration and an updated professional identification card as
criminologist issued by the Board and the Commission pursuant to this Act.
Section 5. Scope of Practice. - The practice of criminology shall include, but

shall not be limited to, acts or activities performed:
(a) In line with the practice of profession or occupation as a law enforcement

administrator, executive, adviser, consultant, officer, investigator, agent or
employee in any private or government agencies performing law enforcement
and quasi-police functions at the Philippine National Police (PNP), the National
Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA),
the Bureau of Fire Protection (BFP), the Bureau of Jail Management and
Penology (BJMP), the Provincial Jail, the Bureau of Corrections (BUCOR), the
Probation and Parole Administration (PPA), the Bureau of Internal Revenue
(BIR), the Bureau of Customs (BoC), the Bangko Sentral ng Pilipinas (BSP),
other government and private banks, the Philippine Postal Corporation (PPC),
the Sea and Air Marshalls, the VIP Security, Airport and Seaport Police, the
National Intelligence Coordinating Agency (NICA), the Intelligence Service of the
Armed Forces of the Philippines (ISAFP), and other intelligence service or
agencies of the government exercising similar functions;
(b) In line with the practice of teaching profession such as those performed by a
professor, instructor or teacher in any university, college or school duly
recognized by the government of any of the following professional and
component subjects of the criminology program: (1) Criminal Jurisprudence and
Procedure; (2) Criminalistics; (3) Law Enforcement Administration; (4) Crime
Detection and Investigation; (5) Correctional Administration; and (6) Criminal
Sociology and Ethics, and other technical and specialized subjects in the
criminology curriculum provided by the CHED;
(c) As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned

document, deoxyribonucleic acid (DNA), lie detection, firearms identification,
forensic photography, forensic chemistry and other scientific crime detection and
investigation;
(d) As a correctional administrator, executive, supervisor, or officer in any

rehabilitation, correctional, and penal institution or facility, and in any community-
based corrections, and rehabilitation agencies and/or programs;
(e) As a counsellor, consultant, adviser or researcher in any government or

private agency on any aspect of criminological research or project involving the
causes of crime, children in conflict with the law, treatment of offenders, police

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operations, law enforcement administration, scientific criminal investigation or

public safety and national security administration; and
(f) As a private investigator, administrator, consultant or agent, or detective in any

private security and investigation agency organized under the laws of the
Philippines.
The Board, in consultation with the APO and the academe, subject to the approval of the
Commission, may revise, exclude from or add to the above enumerated acts or activities
as the need arises to conform with the latest trends in the practice of criminology in the
country.
ARTICLE II
PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS
Section 6. Creation, and Composition of the Professional Regulatory Board

for Criminologists. - There is hereby created a Professional Regulatory Board for
Criminologists, a collegial body under the administrative supervision and control of the
Commission, to be composed of a Chairperson and four (4) members appointed by the
President of the Philippines from a list of three (3) recommendees for each position,
chosen and ranked by the Commission from a list of three (3) nominees for every
position endorsed by the APO. The new Board shall be organized not later than six (6)
months from the effectivity of this Act.
Section 7. Qualifications of the Chairperson and Members of the Board. -

The Chairperson and each member shall, at the time of their appointment, possess all
these qualifications:
(a) Must be a natural-born Filipino citizen and a resident of the Philippines;
(b) Must be of good moral character, good reputation and of sound mind and
body;
(c) Not convicted by a court of competent jurisdiction of any offense involving

moral turpitude;
(d) Must be a graduate of Bachelor of Science in Criminology, and a holder of a

Post-Graduate Degree in Criminology or a lawyer in any reputable school
recognized by the CHED;
(e) Must be a registered criminologist with a valid certificate of registration and a

valid professional identification card, having at least ten (10) years of practice in
the profession prior to the appointment including no less than two (2) years
teaching experience of criminology or law subjects in full-time or part-time
capacity in the college of criminology or college of law recognized by the
government through the CHED;

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(f) Must be a member in good standing of the APO but not an officer or trustee
thereof; and
(g) Must not be a member of the faculty of any school, college or university where
a regular class or review course in criminology is offered, nor a member of the
staff of reviewers in a review school or center, and must not have any direct or
indirect pecuniary interest in any such institution.
Section 8. Term of Office. - The Chairperson and members of the Board shall
hold office for a term of three (3) years from the date of appointment or until their
successors shall have been qualified and appointed. They may be reappointed to the
same office for another term of three (3) years immediately after the expiry of their
term: Provided, That the holding of such position shall not be more than two (2) terms
nor more than six (6) years, whichever is longer: Provided, further, That the first Board
under this Act shall hold these terms of office: the Chairperson for three (3) years, the
first two (2) members for two (2) years, and the second two (2) members for one (1)
year: Provided, finally, That any appointee to a vacancy with an unexpired period shall
only serve such period. The Chairperson and the members shall duly take their oath of
office.
Section 9. Compensation, Allowances and Other Benefits. - The Chairperson

and members of the Board shall receive compensation, allowances and other benefits
comparable to that being received by the Chairpersons and members of other
Professional Regulatory Boards under the Commission as provided for under Section 10
of Republic Act No. 8981 and other existing laws.
Section 10. Powers, Functions, Duties and Responsibilities of the Board. -

The Board shall exercise executive, administrative, rule-making and quasi-judicial
powers in carrying out the provisions of this Act. It shall be vested with the following
specific powers, functions, duties and responsibilities:
(a) To administer, supervise, and monitor the conduct of the licensure

examination, registration, membership in the APO and the practice of criminology
in accordance with the provisions of this Act;
(b) To receive complaints and decide the matter as to the malpractices and
unethical conduct in the practice of the criminology profession;
(c) To promulgate and issue rules and regulations implementing the provisions of
this Act;
(d) To promulgate and adopt Code of Ethics and Code of Good Governance for
the practice of criminology;
(e) To adopt an official seal of the Board;

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(f) To prescribe and promulgate guidelines on the conduct of a CPD program for
criminologists in consultation with the APO;
(g) To promulgate, adopt or amend the syllabi and tables of specifications of the
subjects for the licensure examination/s in consultation with the APO, the
academe, and the CHED Technical Panel for Criminology, prepare questions for
the licensure examination which shall strictly be within the scope of the syllabi of
the subjects for examination, as well as administer and correct, and release the
results of the licensure examinations;
(h) To issue, suspend, revoke or reinstate the certificate of registration of the

registered criminologist or cancel temporary/special permit granted to foreign
criminologist;
(i) To administer oaths in the performance of its functions such as, but not limited
to, the oath of a professional to successful examinees in licensure examination
for criminologist together with the APO in an appropriate mass oath-taking
ceremony to be held for the purpose;
(j) To monitor the conditions affecting the practice of criminology and whenever
necessary, adopt such measure as may be deemed proper for the enhancement
of the profession and the maintenance of high professional, ethical an^ technical
standards; for this purpose, the members of the Board, duly authorized by the
Commission, may conduct ocular inspection of establishments where criminology
is practiced, and recommend sanction as it may deem proper to the appropriate
government agency concerned;
(k) To monitor all colleges and universities offering criminology program and
recommend sanctions to the CHED or to other authorized government offices, for
noncompliance with the policies, standards, and requirements as to faculty
qualifications, laboratory, library, facilities and equipment, research outputs,
curriculum and administration of the criminology education;
(l) To hear and investigate cases on violations of this Act, its implementing rules
and regulations (IRR), the Code of Ethics, the Code of Good Governance and
other policies, and for this purpose, to issue summons, subpoena ad
testificandum and subpoena duces tecum to alleged violators and/or witnesses to
compel their attendance in such hearings or investigations and the production of
documents in connection therewith:
(m) To delegate to the Commission the hearing or investigation of cases against

the alleged violators: Provided, That the hearing or investigation of cases
wherein the issue or question involved strictly concerns the technical practice of
criminology shall be presided over by at least one (1) member of the Board
assisted by a Legal or Hearing Officer of the Commission;

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(n) To recommend to the Commission the endorsement of cases involving

criminal violations of this Act, its IRR, and other laws to the Prosecution Office or
appropriate government agency, for investigation and appropriate action;
(o) To disqualify applicants for the licensure examination who has been
previously convicted of a crime with finality involving moral turpitude. Hear and
decide administrative cases against the examinees or registered criminologists if
they have been convicted of a crime involving moral turpitude: Provided, That if
they are found guilty, the Board shall cancel their examination papers and/or
preclude them from taking another licensure examination, or to revoke/suspend
their certificates of registration and cause the surrender of their professional
identification card subject to the rules and regulations of the PRC: Provided,
further, That the decision of the Board shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of notice of
judgment or decision;
(p) To conduct, through the Legal or Hearing Officers, summary proceedings

against the examinees who commit violations of this Act, its IRR, any of the
Codes aforementioned, including violation of the General Instructions to
Examinees, and to render summary judgment thereon which shall, unless
appealed to the Commission, become final and executory after fifteen (15) days
from receipt of notice of judgment or decision;
(q) To prepare an annual report of accomplishments on programs, projects and

activities of the Board for submission to the Commission after the close of each
calendar year and make appropriate recommendations to the Commission on
issues or problems affecting the criminology profession; and
(r) To exercise such other powers as may be provided by law as well as those
which may be implied from, or which are incidental or necessary to the effective
carrying out of the express powers granted to the Board to achieve the objectives
and purposes of this Act. The resolutions, rules and regulations and other
policies issued and promulgated by the Board shall be subject for review and
approval by the Commission.
However, the Board's decisions, resolutions or orders rendered in an

administrative case shall be subject to review only if on appeal.
Section 11. Grounds for Removal or Suspension of Board

Chairperson/Member. - The President of the Philippines, upon the recommendation of
the Commission, after due process and administrative investigation conducted by the
Commission, may remove or suspend the Chairperson or member of the Board on any
of the following grounds:
(a) Gross neglect, incompetence or dishonesty in the discharge of one's duty;

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(b) Commission of any of the causes/grounds and the prohibited acts provided in
this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corrupt
Practices Act, and other laws;
(c) Manipulation or rigging of the results in the licensure examination for

criminologists, disclosure of secret and confidential information on the
examination questions prior to the conduct thereof, or tampering of grades; and
(d) Conviction with final judgment of any crime involving moral turpitude. The
Commission, in the conduct of the investigation, shall be guided by Section 7(s)
of Republic Act No. 8981, the rules on administrative investigation, and the
applicable provisions of the New Rules of Court.
Section 12. Administrative Supervision of the Board; Provision of Support

Services. - The Board shall be under the administrative supervision of the Commission.
The Commission shall keep all records of the Board including applications for
examination, examination papers and results, minutes of deliberation and administrative
cases. The Commission shall designate the Secretary of the Board and shall provide the
other support services to the Board in order to implement the provisions of this Act.
ARTICLE III
EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE
Section 13. Passing of Licensure Examination Requirements. - Except as

otherwise specifically allowed under this Act, applicants for registration for the practice of
criminology shall be required to pass a licensure examination as provided for in this Act,
in such places and dates as the Commission may designate in the resolution thereof on
the Master Schedules for all licensure examinations in accordance with Section 7(d) of
Republic Act No. 8981.
Section 14. Qualifications of an Applicant for the Licensure Examination. -

An applicant for the licensure examination for criminologist shall satisfactorily prove that
one possesses the following qualifications:
(a) Must be a citizen of the Philippines or a foreign citizen whose country/state

has reciprocity with the Philippines in the practice of criminology;
(b) Must be of good moral character, good reputation and of sound mind and
body certified by the school where he/she graduated and the barangay where
he/she lives, unless the examinee is a foreign national a certification from any
professional of good standing will do;
(c) Must hold a bachelor's degree in criminology duly accredited by the CHED)
and conferred by a school/college/university duly authorized by the government
or its equivalent degree obtained by either a Filipino or foreign citizen from an
institution of learning in a foreign country/state: Provided, that it is duly
recognized and/or accredited by the CHED;

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(d) Must not have been convicted of an offense involving moral turpitude by a
court of competent jurisdiction; and
(e) Those who failed five (5) times whether consecutive or cumulative in the
criminologist licensure examination, must present a certification issued by a
reputable institution duly recognized by the CHED that such applicant has
satisfactorily completed a refresher course in criminology.
Section 15. Subjects for Licensure Examination. - The licensure examination

for criminologists shall include, but shall not be limited to, the following:
Subjects Relative Weights
(a) Criminal Jurisprudence and Procedure:
Criminal Law (Book I); Criminal Law (Book II); Related Special Penal
Laws;
Criminal Procedure;
Evidence;
Court Testimony 20%
(b
Law Enforcement Administration:
)
Police Organization and Administration, Police Planning;
Police Patrol Operations, Police Communication System;
Police Intelligence;
Police Personnel and Records Management; Comparative Police

Systems;
Industrial Security Management 20%
(c) Crime Detection and Investigation:
Fundamentals of Criminal Investigation;
Special Crime, Organized Crime Investigation; Fire Technology and

Arson Investigation;
Traffic Management and Accident Investigation;
Drug Education and Investigation;
Vice Control 15%
(d Criminalistics:

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Forensic Photography; Personal Identification; Forensic Medicine;

Polygraphy; Examination; Forensic Ballistics;
Questioned Documents 20%
(e) Correctional Administration:
Institutional Corrections; Non-Institutional Corrections 10%
(f) Criminal Sociology:
Introduction to Criminology and Psychology of Crimes;
Philippine Criminal Justice System;
Ethics and Values;
Juvenile Delinquency and Crime Prevention;
Human Behavior and Crisis Management; Criminological Research and

15%
Statistics
The Board, in consultation with the APO and the academe and subject to the
approval of the Commission, may revise or exclude any of the subjects with their
corresponding ratings and their syllabi, and add new ones as the need arises to conform
with technological changes brought about by developing trends in the profession.
However, the Board may change or revise any of the above subjects in the event
the CHED shall correspondingly change the curriculum prescribed for the Degree of
Bachelor of Science in Criminology. In the conduct of the examination, the Board, in its
discretion, may give practical and field examinations in each subject, as it may deem fit.
Section 16. Persons to Teach Subjects for Licensure Examination. - All

subjects for the licensure examination shall be taught by a registered criminologist who
is a holder of a valid certificate of registration and updated professional identification
card for criminologist, APO membership, and CPD required units earned, and meet
other CHED requirements. Allied fields in criminology may also be allowed to teach as it
may deem proper.
Section 17. Rating in the Licensure Examination. - To pass the licensure

examination for criminologist, a candidate must obtain a weighted average rating of
seventy-five percent (75%) with no grade less than sixty percent (60%) in any given
subject.
In case the examinee obtains a weighted average rating of seventy-five percent

(75%) but, has a grade below sixty percent (60%) in any of the subjects, the result of the
examinee shall be deferred, and be required to retake that particular subject/s. The

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deferred examinee shall only be allowed to retake once within two (2) years from the
date of the examination, and shall be required to obtain a grade not lower than eighty
percent (80%) on the subject, to be considered to have passed the licensure
examination. If the examinee failed to retake after the lapse of two (2) years or failed to
get the passing mark of eighty percent (80%), the examinee shall retake all the board
subjects.
Any examinee who failed three (3) or more board subjects shall be deemed to
have failed the board examination.
Section 18. Report of Rating. - The Board shall submit to the Commission the
ratings obtained by the candidates not later than ten (10) days after the last day of the
examination, unless the period is extended for a valid cause.
Section 19. Oath. - All successful candidates of the licensure examination shall

take their oath of profession in person before the Board or any of its members, and with
the APO in an oath-taking ceremony held for such purpose. Any person authorized by
law may administer oath to any successful examinees only upon membership of the
APO prior to entering the practice of the profession.
Section 20. Issuance of Certificate of Registration and Professional

Identification Card. - A certificate of registration shall be issued to those who shall
register, subject to payment of fees prescribed by the Commission. It shall bear the
signatures of the Chairperson and the Commissioners of the Commission and the
Chairperson and members of the Board, stamped with the official seal of the
Commission and of the Board, certifying that the person named therein is entitled to
practice the criminology profession with all the privileges appurtenant thereto. It shall
remain in full force and effect until withdrawn, suspended or revoked in accordance with
this Act.
A professional identification card bearing the registration number and date, its
validity, and expiry duly signed by the Chairperson of the Commission shall likewise be
issued to every registrant who has paid the prescribed fee. It shall be reissued after
every three (3) years upon payment of the prescribed fees, prescribed units earned in
the CPD, and certified by the APO as active member.
Section 21. Refusal to Issue Certificate of Registration and Professional

Identification Card or Temporary/Special Permit. - The Board shall not register any
successful applicant for registration who has been:
(a) Convicted with finality of a crime involving moral turpitude by a court of

competent jurisdiction;
(b) Found guilty of immoral or dishonorable conduct by the Board;
(c) Summarily adjudged guilty for violation of the General Instruction to

Examinees by the Board; and

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(d) Declared of unsound mind by a court of competent jurisdiction. In refusing

such registration, the Board' shall give the applicant a written statement setting
forth the reasons thereof and shall file a copy in its records.
Section 22. Revocation or Suspension of the Certificate of Registration and

Cancellation of Temporary/Special Permit - The Board shall have the power, upon
notice and hearing, to revoke or suspend the certificate of registration of a registered
criminologist or to cancel a temporary/special permit granted to foreign criminologist for
the commission of any of the following acts:
(a) Violation of any provision of this Act, its IRR, the Code of Ethics, the Code of
Good Governance, or policy of the Board and/or the Commission;
(b) Conviction of a crime with finality involving moral turpitude;
(c) Perpetration or use of fraud in obtaining one's certificate of registration,

professional identification card or temporary/special permit;
(d) Gross incompetence, negligence or ignorance resulting to death or injury of a

person, or damage to property;
(e) Nonrenewal of the professional identification card for a period of six (6) years
with the PRC without justifiable cause;
(f) Aiding or abetting the illegal practice of a non-registered criminologist by

allowing the use of one's certificate of registration and/or professional
identification card or temporary/special permit;
(g) Illegally practicing the profession during the suspension from the practice
thereof;
(h) Addiction to drugs or alcohol impairing one's ability to practice the profession
or a declaration by a court of competent jurisdiction that the registrant is of
unsound mind; and
(i) Noncompliance with the CPD and APO requirements, unless one is exempted
therefrom, for the renewal of the professional identification card. The Board shall
periodically evaluate the aforementioned grounds and revise or exclude or add
new ones as the need arises subject to approval by the Commission.
Any person, firm or association may file charge/s in accordance with the
provision of this section against any registrant, and the Board may investigate the
commission of any of the abovementioned causes. Affidavit-complaint shall be filed
together with the affidavits of witnesses and other documentary evidence with the Board
through the Legal and Investigation Office. The conduct of an investigation motu proprio
shall be embodied in a formal charge to be signed by at least majority of the members of
the Board. The rules on administrative investigation issued by the Commission shall

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govern the hearing or investigation, subject to applicable provisions of this Act, Republic
Act No. 8981 and the Rules of Court.
Section 23. Reissuance of Revoked Certificate of Registration,

Replacement of Lost or Damaged Certificate of Registration, Professional
Identification Card or Temporary/Special Permit - The Board may, upon a verified
petition, reinstate or reissue a revoked certificate of registration after two (2) years from
the effectivity of the period for revocation, which is the date of surrender of the certificate
and/or the professional identification card if still valid to the Board and/or the
Commission. The petitioner shall prove to the Board that one has valid reason/s to
practice anew the profession. In the granting of the petition, the Board shall issue a
Board resolution, subject to approval by the Commission.
A certificate of registration, professional identification card or temporary/special

permit that has been declared lost may be reissued in accordance with the rules thereon
and upon payment of the prescribed fees.
Section 24. Nonpayment of the Annual Registration Fees. - The Board shall suspend
a registered criminologist from the practice of the profession whether in government
service, or have used the license as eligibility equivalent for promotion in government
service, or in the private sector, for nonpayment of the registration fees for two (2)
consecutive registration periods from the last or previous year of payment. Other
surcharges shall be determined and charged by the Commission.
Section 25. Renewal of Professional Identification Card. - The professional

identification card shall be renewed only upon the completion of the prescribed minimum
units of the CPD program by the registrant from the APO or any accredited provider
authorized by the Commission.
Section 26. Vested Rights; Automatic Registration. - All criminologists registered at

the effectivity of this Act shall automatically be registered hereunder, subject to the
provisions herein set forth as to future requirements. Certificates of registration and
professional identification cards or temporary/ special permits held by such persons in
good standing at such effectivity date shall have the same force and effect as though
they were issued on or after the said effectivity.
ARTICLE IV
PRACTICE OF CRIMINOLOGY
Section 27. Lawful Practitioners of Criminology. - The following persons shall

be authorized to practice the criminology profession:
(a) Natural persons:
(1) Duly registered criminologists and holders of valid certificates of

registration and valid professional identification cards issued by the Board
and the Commission pursuant to this Act; and

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(2) Holders of valid temporary/special permits issued by the Board and

the Commission to foreign licensed criminologists pursuant to this Act.
(b) Juridical persons:
(1) Single proprietorship whose owner and technical staff are registered
criminologists;
(2) Partnership duly registered with the Securities and Exchange

Commission (SEC) as professional partnership pursuant to the Civil Code
and composed of partners’ majority of whom are registered
criminologists;
(3) Corporation duly registered with the SEC as engaged in the practice of
criminology and with officers and Board of Directors who are all registered
criminologists; and
(4) Association and cooperative duly registered with the appropriate

government agency as a non-stock corporation where majority of the
officers, Board of Trustees and members are registered criminologists.
These juridical persons shall also be registered with the Board and the
Commission in accordance with the rules and regulations thereon.
Section 28. Seal, Issuance and Use of Seal. - There shall be a seal to be

exclusively and legitimately used by the practitioners of the criminology profession which
shall be distributed by the Board through the APO.
Section 29. Foreign Reciprocity. - No foreigner shall be allowed to take the

licensure examination for criminologists, register, receive ones certificate of registration
and professional identification card, and practice criminology in the Philippines unless
the requirements for the licensure examination and/or registration and practice of
criminology imposed under the laws and regulations in the foreign country/state are
substantially the same as those required and contemplated by the Philippine laws and
regulations, and unless the foreign laws and regulations allow Philippine citizens to
practice criminology within the territory of the foreign country/state on the same basis
and grant the same privileges as those enjoyed by the citizens, subjects or nationals
thereof.
Section 30. Practice Through Temporary/Special Permit. -

Temporary/Special permit may be issued by the Board subject to the approval by the
Commission and payment of fees the latter has prescribed and charged thereof to the
following:
(a) Registered criminologists from foreign countries/states whose services are

rendered either for free or for a fee:

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(1) If they are internationally known criminologists or experts in any

branch, specialty or allied field of criminology; and
(2) If their services are urgently and importantly required for lack or
inadequacy of available local specialists or experts; or for the promotion
or advancement of the practice of criminology through transfer of
technology;
(b) Registered criminologists from foreign countries/states whose services shall

be free and limited to indigent patients in a particular hospital, center or clinic;
and
(c) Registered criminologists from foreign countries/states employed as

exchange professors in a branch, specialty or allied field of criminology, in
schools, colleges or universities offering the course of criminology.
The permit shall, among other things, contain these limitations and conditions for
a period of not more than one (1) year subject to renewal: the branch or specialty of
criminology and the specific place of practice such as clinic, hospital, center, school,
college or university offering the course of criminology. The Board, subject to the
approval of the Commission, shall promulgate rules and regulations on the
implementation of this particular section.
Section 31. Indication of Numbers: Certificate of Registration, Professional

Tax Receipt and. APO Membership. - The practitioner of the criminology profession
shall be required to indicate the certificate of registration number and date of issuance,
the expiry of the current professional identification card, the professional tax receipt
number and date, and the APO membership number and date with official receipt
number and date of membership payment (annual/lifetime) on the documents one signs,
uses or issues in connection with the practice of the profession.
Section 32. Roster of Registered Criminologists. - The Board shall prepare

and maintain a roster showing the names, residence and/or office address of all
registered criminologists, which shall be updated annually in cooperation with the APO,
indicating therein the status of the certificate of registration, professional identification
card and APO membership. The roster shall be made available to any party as may be
deemed necessary.
Section 33. Integration of Registered Criminologists. - The registered

criminologists shall be integrated into one (1) national organization of criminologists that
is duly registered with the SEC. The Board, subject to the approval by the Commission,
shall accredit the organization as the one and only integrated and accredited national
organization of criminologists: Provided, that its continued accreditation is subject to
compliance with the periodic requirements and standards set forth by the Commission.
All criminologists whose names appear in the Registry Book of Criminologists

shall ipso facto or automatically become members thereof and shall receive therefrom,

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all the benefits and privileges upon payment of APO membership fees and dues.
Membership in an affiliate organization of criminologists shall not be barred.
ARTICLE V
PRIVILEGES OF REGISTERED CRIMINOLOGISTS
Section 34. Privileges of Registered Criminologists. - All registered

criminologists shall be exempt from taking any other entrance or qualifying government
or civil service examinations and shall be considered civil service eligible to the following
government positions, among others:
1. Dactylographer
2. Ballistician;
3. Questioned Document Examiner;
4. Forensic Photographer;
5. Polygraph Examiner;
6. Probation Officer;
7. Parole Officer;
8. Special Investigator;
9. Special Agent;
10. Investigative Agent;
11. Intelligence Agent;
12. Law Enforcement Evaluation Officer;
13. National Police Commission (NAPOLCOM) Inspector;
14. Traffic Operation Officer;
15. Associate Graft Investigation Officer;
16. Special Police Officer;
17. Safekeeping Officer;
18. Sheriff;
19. Security Officer;
20. Criminal Investigator;
21. Warden;
22. Reformation Officer;
23. Firefighter;
24. Fire Marshall;
25. Jail Officer up to the rank of Jail Superintendent;
26. Police Officer up to the rank of Police Superintendent and
27. Other law enforcement agencies, and agencies under the Criminal Justice System.
Section 35. Preference of Appointment in Government Criminal Justice and

Other Government Institutions. - Registered criminologists shall enjoy priority of
appointment and shall not be required to take any qualifying or entrance examinations in
the PNP, the NBI, the BJMP, the BFP, the Land Transportation Office (LTO) and other
government positions related to criminology, police and law enforcement work,
investigations and security, corrections and public safety of the following bureaus,
departments, institutions or agencies of the government: the Department of Justice
(DOJ); the Commission on Human Rights (CHR); the Office of the Ombudsman; the
Philippine Ports Authority (PPA); the Commission on Elections (COMELEC); the Bureau

146
of Treasury (BoT); the Philippine Amusement and Gaming Corporation (PAGCOR); the
Department of Environment and Natural Resources (DENR); the Department of Tourism
(DOT); the Department of Trade and Industry (DTI); the Armed Forces of the Philippines
(AFP); the Bureau of Immigration (BI); the BoC; the Department of Transportation
(DOTr); the Air Transportation Office (ATO); the Civil Aviation Authority of the
Philippines (CAAP); the BSP; the BIR; the CHED; the City/Municipal Security Office; the
Provincial Jail; the Provincial Security Office; the Metro Manila Development Authority
(MMDA); the Supreme Court and lower courts; the Security Consultation; the Social
Security System; the NAPOLCOM; the Autonomous Region in Muslim Mindanao
(ARMM); the Optical Media Board; the Intellectual Property Rights Office; the PDEA; the
Public Attorney's Office (PAO); the PPC; government-owned and -controlled
corporations and other government agencies with positions involving the practice of
criminology.1âwphi1
Section 36. Lateral Entry of Registered Criminologists. - Registered

criminologists who are not in the government service shall be eligible and given
preference for appointment via lateral entry as Police, Fire, and Jail Inspectors or its
equivalent in the PDEA, NBI, and other law enforcement agencies: Provided, That they
possess the general qualifications for appointment as provided in the existing laws on
appointment of Police Officers in the PNP, BJMP, BFP, PDEA, or NBI: Provided,
further, That those who are already in the police, fire, and jail service as non-
commissioned officers and who are already registered and licensed criminologists shall
be given preference for lateral entry.
Section 37. Penal Clause. - A fine of not less than One hundred thousand pesos
(₱100,000.00) nor more than Five hundred thousand pesos (₱500,000.00), or
imprisonment for not less than two (2) years and one (1) day nor more than six (6)
years, or both, at the discretion of the court shall be imposed upon any person who shall
commit any of the following acts:
(a) Practicing criminology without valid certificate of registration and a valid

professional identification card or a valid temporary/special permit;
(b) Attempting to use the seal, certificate of registration and professional

identification card of a registered criminologist or temporary/special permit issued
to a foreign criminologist;
(c) Abetting the illegal practice of criminology by an unregistered or unauthorized

person;
(d) Securing through false information or fraudulent means certificate of

registration and professional identification card or temporary/special permit;
(e) Impersonating a registered criminologist or a holder of a temporary/special

permit; and

147
(f) Violating any provision of this Act or the IRR thereof. Where the violator is a
juridical person, the Board of Directors and other responsible officers of the
corporation shall be held liable.
Section 38. Enforcement. - In carrying out the provisions of this Act, the Board
shall be assisted by the Commission, the APO, duly constituted government agencies
and authorities and private organizations in the industry.
Section 39. Appropriations. - The Chairperson of the PRC shall immediately

include in the Commission's programs the implementation of this Act, the funding of
which shall be included in the annual General Appropriations Act.
Section 40. Transitory Provision. - The incumbent Board shall, in an interim

capacity, continue to operate or function by carrying out the provisions of this Act without
need of new appointments of the Chairperson and members thereof until the first Board
created under this Act shall have been constituted or organized pursuant thereto.
Section 41. Implementing Rules and Regulations (IRR). - Within ninety (90)

days from the effectivity of this Act, the Board, subject to approval by the Commission,
and in coordination with the APO, shall prescribe, promulgate and issue a Board
Resolution on the IRR of this Act and which shall be effective fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.
Section 42. Separability Clause. - If any provision, section or part of this Act

shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or
impair any other provisions, sections or parts hereof.
Section 43. Repealing Clause. - Republic Act No. 6506, otherwise known as

"An Act Creating the Board of Examiners for Criminologists in the Philippines and for
Other Purposes", is hereby repealed. All other laws. Republic Acts, decrees, orders,
letters of instruction, rules and regulations or other issuances, and parts thereof
inconsistent with the provisions of this Act are likewise repealed or modified accordingly.
Section 44. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in any newspaper of general circulation.


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1

Criminology is the scientific procedure to studying both social and individual

INTENDED LEARNING OUTCOMES

Image Source: factinate.com/things/30-ominous-facts-criminology/

CHAPTER 1- LESSON NOTES

Etymology of the word “Criminology”

Introduction to Criminology | Module

Raffaele Garofalo & Paul Topinard

Criminology according to Edwin Sutherland is the body of knowledge regarding

This branch of knowledge also attempts to scientifically analyze the causes of

One common definition of CRIMINOLOGY is the study of crimes, criminals and

The most complete definition of CRIMINOLOGY is a body of knowledge

Introduction to Criminology | Module

The objective of criminology is the development of a body of general and verified

Criminology is the scientific study of crime, criminals, and criminal behavior.

Goals of Studying Criminology

1. It is an Applied Science – in the study of the causes of crimes, anthropology,

2. It is a Social Science – in as much as crime is a social creation that exists in a

3. It is Dynamic – criminology changes as social condition changes. It is

4. It is Nationalistic – the study of crimes must be in relation with the existing

Introduction to Criminology | Module

is a crime is dependent on the criminal law of a state. It follows, therefore, that

Principal Divisions of Criminology

HISTORY & OVERVIEW OF CRIMINOLOGY IN THE PHILIPPINES

Introduction to Criminology | Module

Atty. Ramil G. Gabao

HISTORY & OVERVIEW OF CRIMINOLOGY IN FOREIGN SETTING

2. Criminology in the United States

Introduction to Criminology | Module

CRIMINOLOGY PIONEERS AND THEIR CONTRIBUTIONS

DR. CESARE LOMBROSO

Introduction to Criminology | Module

DR. CHARLES GORING

Introduction to Criminology | Module

Introduction to Criminology | Module

He coined the term “Criminology” (in Italian Criminologia).

Introduction to Criminology | Module

SIR ALEC JEFFREYS

WILLEM ADRIAN BONGER

Introduction to Criminology | Module

Source of Images : Wikipedia

IMPORTANT EVENTS & PLACES IN THE STUDY OF CRIMINOLOGY

3. Ancient Rome—A nation who pioneered banishment as a form of punishment.

6. Elmira Reformatory – Considered as the forerunner of modern Penology,

7. Auburn Prison System – Its features were confinement of the prisoners in

Introduction to Criminology | Module

 The formation and Organization of National American Prison Association

9. 1839 – Demetz of France established an Agricultural Colony for Delinquent boys.

SCHOOLS OF THOUGHT IN CRIMINOLOGY

1. Cesare Bonesara Marchese de Beccaria

Introduction to Criminology | Module

d. There is a scant regard to the human element.

a. people have free will to choose how to act;

Majority of the Philippine

Introduction to Criminology | Module

Arguments about the Classical Theory (Tradio,

The neo-classical school of criminology argued that the situations or circumstances

This school of criminology is composed mainly of Italian social scientists,

The positivist School, presumed that criminal behavior is caused by internal

Introduction to Criminology | Module

“Holy Three of Criminology”

Also, he was considered as the founder of criminal anthropology, who suggested

Classifications of Criminals according to Lombroso: