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Week 1 to 3: Unit Learning Outcomes (ULO): At the end of the unit, you are
expected to:
a. Discuss the introduction of criminology.
b. Categorize Criminology, Criminal justice and Criminalistics.
c. Explain and corelate the different school of thought.
Metalanguage
In this section, the most essential terms relevant to the study of criminology.
1. Criminology - It refer to the study of crimes and criminals and the attempt of
analyzing scientifically their causes and control and the treatment of criminals.
2. Demography - It is a branch of sociology that studies the characteristics of human
populations.
3. Punishment – the redress that the state against an offending member. The group
inflicts it in its corporate upon who is regarded as a member of the same group. It
involves pain or suffering produce by design and justified by some value that the
suffering is assumed to have.
4. Criminal Etiology - An attempt at scientific analysis of the study of causes or
reasons for crime.
5. Dynamic - It is concomitant with the advancement of other sciences that has been
applied to it.
6. Victimless Crime – refers to those crimes in which no clear victim is readily
identifiable. In other words, injured party is the offender, who engages in self-
destruction behavior.
7. 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 code.
8. Habitual delinquents – a person shall be deemed to be a habitual delinquent, if
within a period of 10 years from the date of his release or last conviction of crimes of
physical injuries, robbery, theft, Staffa, or falsification, he is found guilty of any of said
crimes the 3rd time or more.
9. Criminal - This refers to a person convicted by a competent court for committing
crime.
10. Sociology (sociological criminology) – the study of crime focused on the group of
people and society as whole. Examination of relationship between demographic and
group variables to crime.
Essential Knowledge
INTRODUCTION TO CRIMINOLOGY
What is criminology?
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It is a body of knowledge regarding delinquency and crime as social phenomenon
(tradio 1999). It may also refer to the study of crimes and criminals and the attempt
of analyzing scientifically their causes and control and the treatment of criminals.
It is a multidisciplinary study of crimes (Bartol, 1995). This means that many
disciplines are involved in the collection of knowledge about criminology action,
including psychology, sociology, anthropology, biology, neurology, political science
and economics.
It is the study of all subject matters necessary in understanding and preventing
crime, the punishment and treatment of criminals (Taft).
Studying crime is very important - In fact, crime has always been high. However,
understanding why it occurs and what to do about it has always been a problem. The
offer of simple solutions for obliterating crime is not enough because of its complexities.
But understanding crime as a complex phenomenon can be:
Nature of Criminology
Generally, Criminology cannot be considered a science because it has not yet acquired
universal validity and acceptance. Criminology is a science in itself when applied to all
enforcement and prevention of crimes under the following nature:
1. It is applied science – with the use of anthropology, psychology, sociology, & natural
science. While in crime detection, uses chemistry, medicine, physics, mathematics,
ballistics, polygraph, QD examination. These are called instrumentation.
2. It is social science- crime is social creation and being a social phenomenon, its study is
considered as part of social science.
3. It is dynamic – the progress of criminology is concordant with the advancement of other
science that has been applied to it.
4. It is nationalistic – Study must be in relation with the existing criminal law within the
country.
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Criminology in the Philippines
The first ever educational institution that offered criminology course is the Philippine
College of Criminology (PCCr), at Sta Cruz, Manila, formerly known as Plaridel College.
PCCr became an educational institution for scientific crime detection entire the Southeast
Asia in the 1950’s. In the early part of 1960’s, criminology course was offered b the
following schools:
1. University of Mindanao
2. University of Baguio
3. University of Visayas
4. University of Manila
5. Abad Santos College
At present there are more than 300 criminology schools in the entire country. Further, the
course title was change from College of Criminology into College of Criminal Justice
Education (CCJE) pursuant to CHED Memorandum Order No. 21 s. of 2005. Under the
same law criminology now is only a sub-course or department under CCJE including
Forensic Science Dept., Law Enforcement Administration Dept., to name a few. (read
further at; Eduardo, J.P., & Panganoron, C.R. (2015). Fundamentals of Criminology)
1. In the law enforcement branches of the government particularly in the civilian, military,
police agencies.
2. In the management and administration of security agencies of commercial and
industrial establishments.
3. Questioned document examiners of police agencies or signature verifier of any banks
and other financial institution.
4. As custodian or correctional officers of penitentiaries or penal colonies.
5. Rehabilitation officers or correctional institution for juvenile delinquent.
6. Laboratory technicians and experts in police laboratories.
7. Crimes research and prevention program officer. (See further readings in RA 11131).
Self-Help: You can also refer to the sources below to help you
further understand the lesson:
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BIG PICTURE In Focus: ULOb. Categorize Criminology, Criminal justice and
Criminalistics
Metalanguage
In this section, the most essential terms relevant to the study of criminology and to
demonstrate ULOb will be operationally defined to establish a common frame of refence as to
how the texts work in your chosen field or career. You will encounter these terms as we go
through the study of Criminology, Criminal justice and Criminalistics. Please refer to these
definitions in case you will encounter difficulty in the in understanding educational concepts.
Please proceed immediately to the “Essential Knowledge” part since the first lesson
is also definition of essential terms.
Essential Knowledge
Criminology, Criminal Justice and Criminalistics
Criminological Perspective
Criminology is the scientific approach to studying criminal behavior. In their classic definition,
criminologist Edwin Sutherland and Donald Cressey states:
The body of knowledge regarding crime as a social phenomenon. It includes within its scope
the processes of making laws, the breaking of laws, and the response towards the breaking
of laws.
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Criminal Psychology – human behavior in relation to crime
Victimology – role of victims in relation to crime
Criminal Etiology – study of the causes of crime
Criminal Psychiatry – human mind in relation to criminality
Criminal or penal law is that branch of public law which defines crimes, treat of their
nature, and provides for their punishment.
It Is General in Application
I. Generality - This states that Philippine Criminal Laws are binding on all persons who live
or sojourn in Philippine territory.
Exceptions: (wherein people who are in the Philippines who commit crimes but are
immune)
a. Those who are exempt by virtue of the Principle of Public International Law.
E.g. heads of state, ambassadors, ministers, diplomatic officials, minister’s
plenipotentiary and charge d’ affaires. You cannot arrest nor charge a head of state
because he is immune but you can declare him a “Persona Non Grata”.
A Consul does not represent the political interest of his country, but only the
commercial interest. Thus, in the absence of a treaty to the contrary, a Consul is
not exempt from criminal prosecution.
It Is Territorial in Character
II. Territoriality - This means that the penal laws in the Philippines are enforceable only
within its territory. E.g. If a crime is committed in Japan by A against B. The Revised
Penal Code cannot be enforced for the crime is committed outside Philippine territory,
even if A and B are citizens of the Philippines. But there are exceptions found in Article 2
of the RPC. Offenders accused of war crimes are triable by a Military Commission. With
this, the Articles of War applies and not the Revised Penal Code or other penal laws.
III. It Must Be Prospective – a penal law cannot make an act punishable in a manner in
which it was not punishable when committed. As provided in Art. 366 of the Revised
Penal Code, crimes are punished under the laws in force at the time of their
commission.
1. Criminal Law 1 (RPC 1) – This includes the study of general provisions of the RPC,
Special Criminal Statutes of the Philippines, Presidential Decrees, Letter of
Instructions and cases relative thereto. As future law enforcers, he students attain a
degree of knowledge that will enable them to understand the commission of felonies,
the stage that is attendant to the crime, the circumstances that surround each every
criminal act. Needless to say, the course is a basis in the preliminary aspects of
police investigation which is a must for every aspiring police officer.
2. Criminal Law II (RPC 2) – These deals with the study of crimes and penalties, study
of elements of crime embodied in the revised penal code book 2, the circumstances
which affect criminal liabilities and including the study of jurisprudence.
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3. Criminal Procedure – This focuses on the rules of court on criminal procedure and
cases covering the law on arrest, searches and seizures, rules on preliminary
investigation, the granting of bail, and the rights of the accused.
4. Criminal Evidence – These studies the fundamental principle of criminal evidence
as embodied in the rules of court; designed specially in relation to police matters,
make available, competent and relevant in any proceedings before a court
tribunal or body exercising quasi-judicial functions.
5. Court Testimony – This course includes observation, enactment, and the
participation of the police officers in the judicial processes. Finally, it prepares the
student in their chosen profession, as they will soon play an active and direct role in
the prosecution of offenses in court.
Worldwide, the Criminal justice System is the machinery of the state or government
which enforces the rules of conduct necessary to protect life and property and maintain
peace and order. In the Philippine setting, the criminal justice system consists of five (5)
pillars corresponding to the different functions in the administration of justice, i.e.., law
enforcement, prosecution, litigation, rehabilitation and reintegration of offender into the
community.
5 THE PILLARS:
A. Law Enforcement
B. Prosecution
C. Courts
D. Corrections and
E. Community
B. Prosecution - The National Prosecution Service is one of the most important offices in
the criminal justice system in the Philippines, for the public prosecutor, whether here or
elsewhere, often literally holds the power of life and death in his hands. As succinctly
stated by the then Associated Justice of the U.S. Supreme Court, Robert Jackson, “The
Prosecutor has more control over life, liberty and reputation than any other person in
America”.
Functions
1. To investigate and prosecute all criminal offenses under Revised Penal Code and
other special penal laws;
2. To resolve appeals from petitions for review of the final resolutions of State
Prosecutors and Provincial/City Prosecutors in all preliminary investigations
conducted by them;
3. Investigate administrative charges against public prosecutors and other prosecution
officers; and
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4. To render opinions on queries from prosecutors regarding violations of the Revised
Penal Code and other special penal laws. To investigate and prosecute all criminal
offenses under Revised Penal Code and other special penal laws;
C. COURTS - The court plays a dual role in the Philippine Criminal Justice System – as
participants and supervisor of the latter’s process and dispensation. In its role as
participants, the courts determine for guilt or innocence of the accused. The courts are
responsible for the trial process. As supervisor, the court acts as important guardian of
human rights.
F. Community - It is a unique feature of the Philippine Criminal Justice System to have the
Community as its fifth pillar. The community in the context refers to the elements that are
mobilized and energized to help authorities in effectively addressing the law and order
concern of the citizenry. The correctional institutions and the community should develop
an understanding of the needs of the offender and the newly released prisoner and
should design techniques to help him gain insight into his difficulties and to develop
strength a restraint in order that he may become a law abiding and useful citizen of the
community.
Perspective in Criminalistic
Division of Criminalistic:
1. Scientific
a. Chemistry
b. Physics
c. Biology
d. Legal Medicine
A. Forensic Chemistry – the branch of chemistry which deals with the application of
chemical principle in the solution of crimes. It has a very important part in the speedy
investigation and in the administration of justice. Thus, it is regarded as the highest form
of uncontestable and conclusive piece of evidence with the utmost legal significance. It
includes the collection, preservation, examination and study of blood, semen, and other
body fluids; examination of dangerous drugs; alcohol, DNA, and related examinations.
B. Physics – The duties of physicist in the crime laboratory includes, firearms identification,
tool marks comparison, scientific photography, finding out the speed and direction of
vehicles in case of traffic or vehicular accidents, and the use of x-rays in the detection of
crimes.
C. Biology – is the study of living things; it studies the origin, history physical
characteristics, life processes, habit and the like of plants and animals. A biologist in a
police laboratory studies all kinds of living things such as blood, urine, semen, hairs and
skin; particularly skilled in the use of microscope. Most important role of biologist in
criminalistics is to examine bloodstains in order to find out if they are of human or animal
origin.
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C. Legal Medicine - Branch of medicine w/c deals with the application of medical
knowledge to the purposes of law and the administration of law. It is the duty of every
physician, when called upon judicial authorities, to assist in the administration of justice
on matters w/c are medico-legal in character.”
2. Technical
a. Firearms Identification
b. Question Document Exam.
c. Fingerprint Identification
d. Photography
e. Polygraphy/Lie Detection
C. Fingerprint Identification
2. Photography - The word photography is a derivative of two Greek words phos which
means “light” and graphia meaning “write” or to write with light. Photograph is an
essential tool for the law enforcement investigator. As a tool, it enables him to record
the visible and any cases, the invisible evidence of a crime. Special techniques
employing infrared, ultra-violet and x-ray radiation enable him to record evidence,
which is invisible. The photographs evidences can then restore indefinitely and
retrieve if needed. There is no other process that can ferret, record, remember and
recall criminal evidence as photography.
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worked out a system of identification utilizing eleven skeletal measurements which are
practically unchanged after maturity and are not affected by increase or loss of weight.
3. Dental Profiling - When dental records are unavailable and other methods of
identification are not possible, the forensic dentist can often produce a "picture" of the
general features of the individual. This process is known as post-mortem dental
profiling. A dental profile will typically provide information on the deceased's age,
ancestry background, sex and socio-economic status. In some instances, it is possible
to provide additional information regarding occupation, dietary habits, habitual
behaviors and occasionally on dental or systemic diseases.
4. Forensic Orthodontology - is a branch of forensic medicine and, in the interests of
justice, deals with the proper examination, handling and presentation of dental evidence
in a court of law.
5. Through Blood Groups and Numerous Sub-Groups (Forensic Serology)
Determination of the type and characteristics of blood, blood testing, bloodstain
examination, and preparation of testimony or presentations at trial are the main job
functions of a forensic serologist, who also analyzes semen, saliva, other body fluids
and may or may not be involved with DNA typing.
6. Dactyloscopy – Refers to the practical application of fingerprints (the making of
identification by fingerprints comparison and classification).
7. DNA (Deoxyribonucleic Acid) fingerprinting - is a laboratory technique used to
establish a link between biological evidence and a suspect in a criminal investigation.
A DNA sample taken from a crime scene is compared with a DNA sample from a
suspect. DNA fingerprinting is also used to establish paternity. Can be extracted from
blood (if white blood cells which always contain a nucleus are present), and also from
sperm, bone marrow, tooth pulp, and hair roots.
Self-Help: You can also refer to the sources below to help you
further understand the lesson:
Henry, D., Gorman-smith, D., Schoeny, M., & Tolan, P. (2014). "Neighborhood
matters": Assessment of neighborhood social processes. American Journal of
Community Psychology, 54(3-4), 187-204. doi:http://dx.doi.org/10.1007/s10464-
014-9681-z
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BIG PICTURE In Focus: ULOc. Explain and corelate the different school of
thought.
Metalanguage
In this section, the most essential terms relevant to the study of criminology and to
demonstrate ULOb will be operationally defined to establish a common frame of refence as to
how the texts work in your chosen field or career. You will encounter these terms as we go
through the study of the different school of thought. Please refer to these definitions in case
you will encounter difficulty in the in understanding educational concepts.
Please proceed immediately to the “Essential Knowledge” part since the first lesson is also
definition of essential terms.
Essential Knowledge
Two Important Theories in Criminal Law
A. The basis of criminal liability is human free will and the purpose of the penalty is
retribution.
B. That man is essentially a moral creature with an absolute free will to choose between
good and evil, thereby placing more stress upon the effect or result of the felonious
act that upon man, the criminal himself.
C. It has endeavored to establish a mechanical and a direct proportion between crime
and penalty.
D. There is a scant regard for human life.
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2. Positivist Theory (Founded by Cesare Lombroso)
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17. Mighty incisors and abnormal teeth;
18. Small or weak chin;
19. Thin neck;
20. Sloping shoulders but large chest;
21. Long arms;
22. Pointy, webby, snubby fingers or toes;
23. Tattoos on body;
24. Supernumerary fingers and toes;
25. Asymmetry of the face;
26. Unusual size of the ears;
27. Abnormality of the feet; and
28. Imbalance of the hemisphere of the brain.
He advocated the;
1. Utilitarianism:
A. The Greatest Happiness Principle- “Actions are right in proportion as they tend to
promote happiness, wrong as they tend to produce the reverse of happiness” (John Stuart
Mill).
Happiness = pleasure, and the absence of pain; Happiness is the only thing that has
intrinsic value.
Unhappiness = pain, and the absence of pleasure; “pleasure, and freedom from pain, are
the only things desirable as ends all desirable things are desirable either for the pleasure
inherent in themselves, or as means to the promotion of pleasure and the prevention of
pain.
Neo-Classical Theory
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not be regarded as criminals – Cannot calculate
pleasure and pain. They are not regarded as
Criminals or to be punished.
Chicago School sociologist adopted a social ecology approach to studying the cities, and
postulated the urban neighborhood with high levels of poverty often experience breakdown
in the social structure and institution such as family and schools. This results in social
disorganization, which reduces the ability of these institution to control behavior and creates
an environment ripe for deviant behavior.
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Self-Help: You can also refer to the sources below to help you
further understand the lesson:
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