2.
It is a social science because it studies
SOCIOLOGY OF CRIMES, ETHICS AND
HUMAN RELATIONS
INTRODUCTION TO CRIMINOLOGY AND
PSYCHOLOGY OF CRIMES
CRIMINOLOGY
- according to Edwin H. Sutherland,
“criminology is the entire body of
knowledge regarding crime as a social
phenomenon. It includes within its
scope the process of making of laws,
of breaking of laws, and the society’s
reaction towards the breaking of laws.”
- Criminology is a body of knowledge
regarding crimes, criminals and the
efforts of society to prevent and
repress them.
- the scientific study of the causes of
crime in relation to man and society
who set and define rules and
regulations for himself and others to
govern
Criminologist (R.A. 11131)
- 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 of Examiners of the
Professional Regulation Commission
(PRC).
Origin of the word “Criminology”
Etymologically, the term criminology came
from the Latin word “crimen” meaning crime and
Greek word “Logos” which means “to study”.
In 1885, Rafael Garofalo, an Italian Law
Professor coined the term criminologia.
In 1889, Paul Topinard, French
Anthropologist, used the term criminology in
French criminologie for the first time
Principal Divisions of Criminology
1. Etiology of Crimes – the scientific
analysis of the causes of crimes and the
criminal behavior.
2. Sociology of Law – 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 offender
Is criminology a science?
According to George Wilker, criminology
cannot become a science because it has not yet
acquired universal validity. Edwin H. Sutherland,
the Dean of Modern Criminology, hoped that it
will become a science in the future since the
causes of crimes are almost the same which may
be biological, environmental or combination of the
two.
Nature of Criminology
1. It is applied science because criminology
as a body of knowledge has already
established universally accepted principles
and concepts and these are used by other
field of study. (INSTRUMENTATION)
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
crime as a social phenomenon. Crime is a
social problem which has a great impact to
society.
3. It is dynamic because the concepts of
criminology and their applications adapt to
the changing time.
4. It is nationalistic because the study of
criminology takes into consideration the
history, the culture and the social norms
and the laws of the country. Each country
has its own set of laws and crimes are
defined by the laws of the country.
Scope in the Study of Criminology
1. Study of the origin and development of
criminal law
2. Study of the causes of crimes and
development of criminals
3. Study of the other sciences that examine
criminal behavior using scientific methods
such as:
criminal demography – the study of the
relationship between criminality and
population
criminal epidiomology – the study of the
relationship between environment and
criminality
criminal ecology – the study of criminality
in relation to the spatial distribution in a
community
criminal physical anthropology – the
study of criminality in relation to physical
constitution of men
criminal psychology – the study of
human behavior in relation to criminality
criminal psychiatry – the study of human
mind in relation to criminality
victimology – the study of the role of the
victim in the commission of a crime
CRIMES AND CRIMINALS
CRIME
– refers to an act committed or omitted in
violation of public law (Phil. Law Dictionary).
- It also refers to an act committed or
omitted in violation of a public law
forbidding or commanding it (Reyes 2006).
CLASSIFICATION OF CRIMES
LEGAL CLASSIFICATIONS:
1. According to law violated
a. Felony – an act or omission
punishable by law which is
committed by means of dolo
(deceit) or culpa (fault)and
punishable under the Revised
Penal Code
b. Offense – an act or omission in
violation of a special law
c. Infraction – an act or omission in
violation of a city or municipal
ordinance
2. According to the manner of committing
crime:
a. By means of dolo or deceit – if the
crime is committed with deliberate
 intent. Thus, it is called intentional
felonies.
 freedom or voluntariness
 intelligence
 intent
b. By means of culpa or fault
- felonies committed by means of
culpa (fault)
- the act or omission of the
offender is not malicious and the
injury caused by the offender is
unintentional, it being the simply
the incident of another act
performed without malice
 lack of foresight
 lack of skill
 negligence
 imprudence
3. According to the stages in the
commission:
a. Attempted – the crime is
attempted when the offender
commences the commission of a
felony directly or over acts, and
does not perform all the acts of
execution which should produce
the felony by reason of some
cause or accident other than this
own spontaneous desistance.
b. Frustrated - when the offender
performs all the acts of execution
which would produce the felony as
a consequence but which,
nevertheless do not produce it by
reason of causes independent of
the will of the perpetrator.
c. Consummated - when all the
elements necessary for its
accomplishment and execution
are present
4. According to plurality:
a. Simple Crime – is a single act
constituting only one offense.
b. Complex Crime – single act
constituting two or more grave
felonies or an is a necessary
means for committing the other
Two (2) Kinds of Complex Crime:
1. compound crime (delito
compuesto)
2. complex crime proper
(delito complejo)
5. According to gravity:
a. Grave felonies - are those to which
the law attaches the capital
punishment or penalties which in any
of their period are afflictive.
b. Less grave felonies - are those which
the law punishes with penalties which
in their maximum period are
correctional.
c. Light felonies - are infraction of laws
for the commission of which the
penalty of arresto menor or a fine not
exceeding 200 pesos or both is
provided.
6. According to the nature of the act:
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
a. Crimes mala in se – are acts that are
inherently evil. Examples are murder,
robbery, etc.
b. Crimes mala prohibita – are acts
which are prohibited only because
there are laws forbidding such acts.
Examples are Illegal Possession of
firearms, Traffic Violations, etc.
CRIMINOLOGICAL CLASSIFICATIONS OF
CRIME
1. According to the result of the crime:
a. Acquisitive crime – if the offender
acquired or gained something by
committing the crime. Examples are
robbery, estafa, bribery, etc.
b. Destructive crime – if the crime
resulted in destruction, damage or
even death. Examples are arson,
murder and homicide, damage to
property, etc.
2. According to the time or period of
commission:
a. Seasonal crimes – are crimes that
happen only during a particular season
or period of the year. Examples are
violation of election law, tax law
violations, etc.
b. Situational crimes – are crimes
committed when the situation is
conducive to the commission of the
crime and there is an opportunity to
commit it. Examples are pickpocketing,
theft, etc.
3. According to the length of time of the
commission:
a. Instant crimes – are those crimes that
can be committed in a very short time.
Example: theft
b. Episoidal crimes – are crimes
committed through series of acts or
episodes and in much longer time.
Example: serious illegal detention
4. According to place or location:
a. Static crimes – are committed only in
one place. examples are theft and
robbery
b. Continuing crimes – are crimes that
take place in more than one place or
several places. examples: abduction,
kidnapping, etc.
5. According to the use of mental faculties:
a. Rational crimes – when the offender
is capable of knowing what he is doing
and understanding the consequences
of his actions.
b. Irrational Crimes – when the offender
suffers from any form of mental
disorders, insanity or abnormality.
Thus, the offender doesn’t know what
he is doing.
6. According to the type of offender:
a. White Collar Crimes – crimes
committed by those persons
 belonging to the upper socio-
economic status or in the course of his
occupational activities.
b. Blue Collar Crimes – are those
crimes committed by ordinary
criminals as a means of livelihood.
CRIMINAL
- in the legal sense, a criminal is 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
- in the criminological sense, a person is
already considered a criminal the
moment he committed a crime
CLASSIFICATIONS OF CRIMINALS
1. According to etiology
a. Acute criminal – is a person who
committed crime as a result of reacting
to a situation or during a moment of
anger or burst of feeling.
b. Chronic criminal – is one who
committed a crime with intent or
deliberated thinking.
1. Neurotic criminal – is one
who has mental disorder.
2. Normal criminal – a person
who commits crimes because
he looks up to, idolizes people
who are criminals.
2. According to the type of offender:
a. Ordinary criminal – a criminal who
engages in crimes which do not
require specialized or technical skill
b. Organized criminal – is one who
possesses some skills and know-how
which enable him to commit crimes
and evade detection.
c. Professional criminal – a highly
skilled criminals which are engaged in
a large-scale criminal activities ad
usually operate in groups.
3. According to criminal activities:
a. Professional criminal – a criminal
who earns his living through criminal
activities.
b. Situational criminal – a person who
got involved in criminal act because
the situation presented itself.
c. Habitual criminal – one who
repeatedly commits criminal act for
different reasons.
d. Accidental criminal – a person who
accidentally violated the law due to
some circumstances.
STUDY OF CRIMINAL LAW
EVOLUTION OF CRIMINAL LAWS
A) PREHISTORIC CRIME AND
PUNISHMENT
Primitive Tribes
- punishment may be in the form of
ostracism and expulsion
- adultery may be punished by the
aggrieved husband who may kill the
adulterer and his own offending wife
- crime may be avenged by the victim
himself or by the victim’s family
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
B) THE EARLY CODES
1) CODE OF HAMMURABI
- Hammurabi, the king of Babylon during
the eighteenth century BC, is recognized
as the first codifier of laws
- it provides the first comprehensive view
of the laws in the early days
- the Code was carved in stone
- the “law of talion”, or the principle of “tit
for tat”,(an eye for an eye, tooth for a
tooth) appears throughout the Code
- under the principle of the law of talion,
the punishment should be the same as the
harm inflicted on the victim
2) THE HITTITES
- the Hittites existed about two centuries
after Hammurabi and eventually
conquered Babylon
3) CODE OF DRAKON
- knows as the “ultimate in severity”
- codified by Drakon, the Athenian
lawgiver of the seventh century BC
4) LAWS OF SOLON
- Solon was appointed archon and was
given legislative powers
- Solon repealed all the laws of the Code
of Drakon, except the law on homicide
- Solon was one of the first to see that a
lawgiver had to make laws that applied
equally to all citizens and also saw that the
law of punishment had to maintain
proportionality to the crimes committed
5) ROME’S TWELVE TABLES
- Roman law began with the Twelve
Tables which were written in the middle of
the sixth century BC
- the Twelve Tables were the
foundation of all laws in Rome and
written in tablets of bronze
- the Twelve Tables were drafted by
the Decemvirs, a body of men
composed of patricians
CRIMINAL LAW
– is that branch of public law which
defines crimes treats of their nature and provides
for their punishment.
Revised Penal Code or Act No. 3815
– book that contains the Philippine
Criminal Law and different special laws and
decrees which are penal in nature. It is called as
RPC because the old penal code which took
effect in the country on July 14, 1887 and was in
force until Dec. 31, 1931 was revised by the
Committee created by Administrative Order No.
94 of the Department of Justice, dated Oct. 18,
1927, composed of Anacleto Diaz as Chairman,
Alex Reyes and Mariano de Joya as
members.The RPC was approved on Dec. 8,
1930 and took effect on January 1, 1932.
Principal Parts of the RPC
 It is composed of two books; book one accused who is not a habitual
which is composed of Articles 1-113 and book two delinquent.
covering Articles 114-367.
a. Articles 1-20 – principles affecting 4. It is specific and definite.
criminal liability Criminal law must give a strict
b. Articles 21-113 – penalties definition of a specific act which
including criminal and civil liability constitutes an offense. Where there is
c. Articles 114-367 – felonies doubt as to whether a definition embodied
in the Revised Penal Code applies to the
Characteristics of the RPC accused or not, the judge is obligated to
1. Generality – the law is applicable decide the case in favor of the accused.
to all persons within the territory Criminal law must be construed liberally in
irrespective of sex, race, nationality favor of the accused and strictly against
or civil status except: the state.
a. Head of state
b. Foreign diplomats, 5. It is uniform in application.
ambassadors, who An act described as a crime is a
are duly accredited crime no matter who committed it,
to our country wherever committed in the Philippines and
c. Foreign troops whenever committed. No exceptions must
permitted to march be made as to the criminal liability. The
within the territory definition of crimes together with the
2. Territoriality - the RPC is corresponding punishment must be
applicable to felonies committed uniformly construed, although there may
within the Philippine territorial be a difference in the enforcement of a
jurisdiction. given specific provision of the penal law.
a. Philippine
archipelago – all the 6. There must be a penal sanction
islands that or punishment.
comprise the Penal sanction is the most
Philippines essential part of the definition of the crime.
b. Atmosphere water – If there is no penalty to a prohibited act, its
all bodies of water enforcement will almost be impossible.
that connect all the The penalty is acting as a deterrence and
islands such as as a measure of self-defense of the state
bays, rivers and to protect society from the threat and
streams wrong inflicted by the criminal.
c. Maritime zone – the
twelve (12) Nautical SCHOOLS OF THOUGHT IN CRIMINOLOGY
Mile limit beyond School of Thought – refers to a group of
our shore measured beliefs or ideas that support a specific theory.
at low tide
Theory – set of statements devised to explain
EXCEPTIONS TO THE TERRITORIAL behavior, events or phenomenon, especially one
CHARACTER OF THE REVISED PENAL CODE: that has been repeatedly tested and widely
The Revised Penal Code shall be accepted.
applicable to all cases committed outside the
Philippine territorial jurisdiction under the following 1. DEMONOLOGICAL THEORY - asserts
circumstances: that a person commits wrongful acts due
a) should commit an offense while on to the fact that he was possessed by
Philippine ship or airship; demons.
b) should forge or counterfeit any coin or
currency note of the Philippine Island 2. CLASSICAL SCHOOL OF
or obligations and securities issued by CRIMINOLOGY
the government of the Philippines; The classical school of criminology grew out
c) while being a public officer or of a reaction against the barbaric system of law,
employee, should commit an offense punishment and justice that existed. There was
in the exercise of their functions’ no real system of criminal justice in Europe at that
d) should commit any of the crimes time. Some crimes were specified, some were
against national security and law of not. Judges had discretionary power to convict a
nations person for an act not even legally defined as
criminal.
3. Prospectivity - the provisions of This school of thought is based on the
the RPC cannot be applied if the assumption that individuals choose to commit
act is not yet punishable on the crimes after weighing the consequences of their
time the felony was committed. actions. According to classical criminologists,
However, it may have a retroactive individuals have free will. They can choose legal
effect if it is favorable to the or illegal means to get what they want, fear of
punishment can deter them from committing
crime and society can control behavior by making

Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
the pain of punishment greater than the pleasure most lasting impression on the minds of
of the criminal gains. men…
This theory, however, does not give any 9. Capital punishment is inefficacious and its
distinction between an adult and a minor or a place should be substituted life
mentally-handicapped in as far as free will is imprisonment.
concerned. Founders of classical school of 10. It is better to prevent crimes than to punish
criminology are Cesare Beccaria and Jeremy them. That is the chief purpose of all good
Bentham. legislation.

Cesare Beccaria (Cesare Bonesana Marchese di Jeremy Bentham (1748-1832)

Beccaria) (1738-1794) - his contribution to classical school of
- best known for his essay, “On Crimes criminology is the concept of
and Punishment” which presented key utilitarianism and the felicific calculus.
ideas on the abolition of torture as - proposed “Utilitarian Hedonism” which
legitimate means of extracting explains that person always acts in
confession. such a way to seek pleasure and avoid
- His book contains almost all modern pain.
penal reforms but its greatest - founded the concept of
contribution was the foundation it laid UTILITARIANISM – assumes that all
for subsequent changes in criminal our actions are calculated in
legislation accordance with their likelihood of
- his book was influential in the reforms bringing pleasure and pain
of penal code in France, Russia, - devised the pseudo-mathematical
Prussia and it influenced the first ten formula called “felicific calculus” which
amendments to the US Constitution states that individuals are human
calculators who put all the factors into
an equation in order to decide whether
Beccaria believed that: a particular crime is worth committing
a. people want to achieve pleasure or not
and avoid pain. - he reasoned that in order to deter
b. Crime provides some pleasure to individuals from committing crimes, the
the criminal. punishment, or pain, must be greater
c. To deter crime, he believed that than the satisfaction, or pleasure, he
would gain from committing the crime
one must administer pain in an
appropriate amount to
Utilitarianism
counterbalance the pleasure obtain
– is a philosophy which argues that what
from crime.
is right is the one that would cause the greatest
d. Famous in sayings “ Let the
good for the greatest number of people.
punishment fit the crime”
- others refer to it as the greatest
happiness principle or the principle of
HIGHLIGHTS OF CESARE BECCARIA’S IDEAS
utility.
REGARDING CRIMES AND THE CRIMINAL
- from this principle, Bentham
JUSTICE SYSTEM
formulated the “felicific calculus”.
1. In forming a human society, men and
women sacrifice a portion of their libery so
Felicific Calculus or the pleasure-and-pain
as to enjoy peace and security.
principle – is a theory that proposes that
2. Punishments that go beyond the need of
individuals calculate the consequences of his
preserving the public safety are in their
actions by weighing the pleasure (gain) and the
nature unjust.
pain (suffering) he would derive from doing the
3. Criminal laws must be clear and certain.
action.
Judges must make uniform judgments in
similar crimes.
4. The law must specify the degree of
3. NEOCLASSICAL CRIMINOLOGY
evidence that will justify the detention of
This theory modified the doctrine of
an accused offender prior to his trial.
free will by stating that free will of men
5. Accusations must be public. False
may be affected by other factors and
accusations should be severely punished.
crime is committed due to some
6. To torture accused offenders to obtain a
compelling reasons that prevail. These
confession is inadmissible.
causes are pathology, incompetence,
7. The promptitude of punishment is one of
insanity or any condition that will make it
the most effective curbs on crime.
impossible for the individual to exercise
8. The aim of punishment can only be to
free will entirely. In the study of legal
prevent the criminal from committing new
provisions, this is termed as either
crimes against his countrymen, and to
mitigating or exempting circumstances.
keep others from doing likewise.
Punishments, therefore, and the method
4. POSITIVIST SCHOOL OF
of inflicting them, should be chosen in due
CRIMINOLOGY
proportion to the crime, so as to make the

Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
 - The term “positivism”, refers to a
method of analysis based on the
collection of observable scientific facts.
- Positivists believe that causes of
behavior can be measured and
observed.
- It demands for facts and scientific
proof, thus, changing the study of
crimes and criminals into scientific
approach.
- Positive theorists were the first to claim
the importance of looking at individual
difference among criminals. These
theorists who concentrated on the
individual structures of a person,
stated that people are passive and
controlled, whose behaviors are
imposed upon them by biological and
environmental factors.
August Comte
- was a French philosopher and
sociologist and is believed to be the one who
reinvented the French term sociologie.
- he was recognized as the “Father of
Sociology and Positivism”.
THE (UN) HOLY THREE (3) OF CRIMINOLOGY
1. Cesare Lombroso
2. Enricco Ferri
3. Raffaelle Garofalo
Cesare Lombroso
- recognized as the “Father of Modern and
Empirical Criminology” due to his
application of modern scientific methods to
trace criminal behavior, however, most of
his ideas are now discredited
- known for the concept of atavistic
stigmata (the physical features of
creatures at an earlier stage of
development).
- he claimed that criminals are
distinguishable from non-criminals due to
the presence of atavistic stigmata and
crimes committed by those who are born
with certain recognizable heredity traits.
- according to his theory, criminals are
usually in possession of huge jaws and
strong canine teeth, the arm span of
criminals is often greater than their height,
just like that of apes who use their
forearms to push themselves along the
ground.
- other physical stigmata include deviation
in head size and shape, asymmetry of the
face, excessive dimensions of the jaw and
cheekbones, eye defects and peculiarities,
ears of unusual size, nose twisted,
upturned or flattened in thieves, or aquiline
or beaklike in murderers, fleshy lips,
swollen and protruding, and pouches in
the cheek like those of animal’s toes
- Lombroso’s work supported the idea that
the criminal was a biologically and
physically inferior person
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
- according to him, there are three (3)
classes of criminals:
a. born criminals – individuals with
at least five (5) atavistic stigmata
b. insane criminals – those who
became criminals because of
some brain defect which affected
their ability to understand and
differentiate what is right from what
is wrong.
c. criminaloids - those with makeup
of an ambiguous group that
includes habitual criminals,
criminals by passion and other
diverse types
Enricco Ferri
- he focused his study on the influences of
psychological factors and sociological
factors such as economics, on crimes.
- He believed that criminals could not be
held morally responsible because they did
not choose to commit crimes, but rather
were driven to commit crimes by
conditions in their lives.
Raffaelle Garofallo
- He treated the roots of the criminals’
behavior not to physical features but to
their psychology equivalent, which he
referred to as moral anomalies.
- He rejected the doctrine of freewill.
- Classified criminals as Murderers, Violent
Criminals, Deficient Criminals, and
Lascivious Criminals.
THEORIES OF CRIME CAUSATION
1. BIOLOGICAL THEORIES
- this refers to the set of theories that
point to physical, physiological and
other natural factors as the causes for
the commission of crimes of certain
individuals.
- This explanation for the existence of
criminal traits associates an
individual’s evil disposition to physical
disfigurement or impairment.
a. Physiognomy – the study of facial
features and their relation to human
behavior.
1. Giambiatista dela Porta
- founder of human physiognomy
- according to him criminal
behavior may be predicted based
on facial features of the person.
2. Johann Kaspar Lavater
- supported the belief of dela Porta
- he believed that a person’s
character is revealed through his
facial characteristics.
b. Phrenology, Craniology or
Cranioscopy – the study of the
external formation of the skull in
relation to the person’s personality and
tendencies toward criminal behavior.

1. Franz Joseph Gall
- he developed cranioscopy
which was later renamed as
phrenology.
2. Johann Kaspar Spurzheim
- assistant of Gall in the study of
phrenology.
- he was the man most
responsible for popularizing
and spreading phrenology to a
wide audience
c. Physiology or Somatotype – refers
to the study of body build of a person
in relation to his temperament and
personality and the type of offense he
is most prone to commit.
1. Ernst Kretschmer
- he distinguished three (3)
principal types of physiques:
asthenic, athletic, pyknik and
dysplastic.
a. asthenic –
characterized as thin,
small and weak.
b. athletic – muscular and
strong.
c. pyknic – stout, round
and fat.
d. dysplastic – a. Sigmund Freud
combination of two
body types
2. William Herbert Sheldon
formulated his own group of
somatotype: ectomorph,
mesomorph and endomorph.
a. ectomorph – tall and thin
and less social and more
intellectual than the other
types.
b. mesomorph – have well-
developed muscles and an
athletic appearance.
c. endomorph – heavy
builds and slow moving.
d. Heredity – the transmission of traits
from parents to offspring.
1. Richard Louis Dugdale
- conducted a study of the Jukes
family by researching their
family tree as far back 200
years. He discovered that most
of the ascendants of the Jukes
were criminals.
2. Henry Goddard
- he traced the descendants of
the Martin Kallikak from each of
his two wives and found a
distinct difference in termsof
quality of lives of descendants.
He coined the term “moron”.
3. Charles Goring
- he believed that criminal traits
can be passed from parents to
offspring through the genes.
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
- he proposed that individuals who
possess criminal characteristics
should be prohibited from having
children.
INTELLIGENCE AS A FACTOR IN
CRIMINALITY
The classic studies of the Juke and
Kallikak families were among the first to show that
feeblemindedness or low-intelligence can be
inherited and transferred from one generation to
the next. Numerous test were also conducted
that lead to the development of the use of IQ tests
as a testing procedure for offenders. The very
first results seemed to confirm that offenders had
low mental abilities and they were found to be
mentally impaired.
ALFRED BINET – a French psychologist who
developed the first IQ test.
- the test measured the capacity of
individual children to perform tasks or solve
problems in relation to the average capacity of
their peers.
2. PSYCHOLOGICAL THEORIES
- refers to the theories that attribute
criminal behavior of individuals to
psychological factors, such as emotion
and mental problems.
- he is recognized as the FATHER
OF PSYCHOANALYSIS
- known for his psychoanalytic
theory
- according to him, criminality is
caused by the imbalance of the
three (3) components of
personality: the id, the ego, and
the superego.
- according to him there are three
parts of personality:
1. ID – this stands for instinctual
drives; it is governed by the
“pleasure principle”; the id
impulses are not social and must
be repressed or adapted so that
they may become socially
acceptable
2. EGO – this is considered to be
the sensible and responsible part
of an individual’s personality and is
governed by the “reality principle”;
it is developed early in life and
compensates for the demands of
the id by helping the individual
guide his actions to remain within
the boundaries of accepted social
behavior; it is the objective, rational
part of the personality
3. SUPEREGO – serves as the
moral conscience of an individual;
it is structured by what values were
taught by the parents, the school
and the community, as well as
belief in God; it is largely
responsible for making a person
follow the moral codes of society

3. SOCIOLOGICAL THEORIES
- sociological factors refer to things,
places and people with whom we
come in contact with and which play a
part in determining our actions and
conduct. These causes may bring
about the development of criminal
behavior.
a. Emile Durkheim
- he stated that crime is a
normal part of the society
just like birth and death.
- proposed the concept of
“anomie” or the absence
of social norms. It is
characterized by disorder
due to lack of common
values shared by
individuals, lack of respect
for authority and lack of
appreciation for what is
acceptable and not
acceptable in a society.
b. Gabriel Tarde
- introduced the theory of
imitation which proposes the
process by which people
become criminals.
- according to this theory,
individuals imitate the behavior
of other individuals based on
the degree of their association
with other individuals and it is
inferior or weak who tend to
imitate the superior and strong.
c. Adolphe Quetelet and
Andre Michael Guerry
- He repudiated the free will
doctrine of the classicists
- founder of cartographic
school of criminology.
- founder of moral statistics.
- cartographic school of
criminology made use of
statistical data such as
population, age, gender,
occupation, religious
affiliations and social
economic status and
studies their influences and
relationship to criminality.
MODERN SOCIOLOGICAL THEORIES OF
CRIME CAUSATION
- environmental factors such as the kind
of rearing or family upbringing, quality
of teaching in school, influences of
peers and friends, conditions of the
neighborhood, and economic and
other societal factors are believed to
be contributory to crime and criminal
behavior.
1. SOCIAL STRUCTURE THEORIES
- refers not only to the physical features
of the communities but also to the way
society is organized.
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
- include such things as level of poverty
and unemployment and the amount of
crowded housing which are believed to
affect behavior and attitudes of
individuals which in turn contribute to
their commission of crimes.
- also called social environment
- includes social disorganization theory,
strain theory and cultural deviance
theory.
a. Social Disorganization Theory
- popularized by Clifford Shaw and
Henry McKay.
- according to this theory, crimes in
urban areas are more prevalent
because residents have
impersonal relationships with each
other.
- increase in the number of broken
families and single parenthood are
also very common in disorganized
communities.
- another feature of disorganized
community is poverty as evidenced
by poor living conditions such as
rundown houses, unsanitary and
unsightly streets and high
unemployment rates.
b. Strain Theory
- strain refers the individual’s
frustration, anger and resentment.
- holds that crime is a function of
the conflict between the goals
people have and the means they
can use to legally obtain them.
This also argues that the ability to
obtain these goals is class
dependent; members of the lower
class are unable to achieve these
goals which come easily to those
belonging to the upper class.
Consequently, they feel anger,
frustration and resentment,
referred to as STRAIN.
c. Cultural Deviance Theory
- gives emphasis on the concept
of culture and sub-culture.
- according to this theory,
because people in the lower
class feel isolated due to
extreme deprivation or poverty,
they tend to create a sub-
culture with its own set of rules
and values. This is
characterized by deviant
behavior which results in
criminal behavior among its
members.
2. SOCIAL PROCESS THEORY
- refers to a group of theories which point to
the individual’s socialization process as
the cause for the commission of crimes.
These theories cite interaction with people
and experiences and exposure to different
element in the environment as primary
factors to criminality.
 - under this theory is the social learning - this theory views crime as a
theory which in turn has three (3) sub- result of individuals with
theories: differential association theory, weakened bonds to social
differential reinforcement theory and institutions.
neutralization theory. - according to this theory, there
are four (4) elements of social
a. Differential Association Theory bonds: attachment,
- formulated by Edwin Sutherland commitment, involvement
- this theory states that criminal and belief.
behavior is learned through
socialization. d. attachment – refers to the
- criminal behavior is learned in degree to which an
interaction with other persons in a individual care about the
process of communication. opinions of others.
e. commitment – refers to an
b. Differential Reinforcement Theory individual’s investment of
- according to this theory, enrgy and emotion in
individual’s behavior depends on conventional pursuits, such
how people around him react as getting good grades.
toward s his behavior. f. involvement – refers to
- an act that is rewarded is repeated; the amount of time an
an act that is punished will be individual spends on a
avoided. conventional pursuit.
c. Neutralization Theory g. belief – refers to
- introduced by David Matza and acceptance of the norms of
Gresham Sykes. conventional society.
- sometimes referred to as “drift theory”
- according to this theory, people know CRIMINAL JUSTICE SYSTEM
when they are doing something wrong,
however, they rationalize and justify CRIMINAL JSUTICE SYSTEM
their actions. This rationalizing is what - comprise all the means used to enforce
we called “neutralization”. those standards of conduct which are deemed
necessary to protect individuals and to maintain
3. SOCIAL REACTION THEORY general community well being.
- more commonly called labeling theory. - The sum total of instrumentation which a
- it states that people become criminals society uses in the prevention and control of
when significant members of society label crime and delinquency.
them as such and they accept those labels
as a personal identity. - The machinery of the state or government
which enforces the rules of conduct necessary to
4. SOCIAL CONTROL THEORIES protect life and property and to maintain peace
- maintain that everyone has the potential to and order.
become criminal but most people are
controlled by their bonds to society. - Comprises all means used to enforce
- social control refers to the agencies of these standards of conduct, which are
social control such as family, school, deemed necessary to protect individuals
religion or church, government and laws and to maintain general well-being of the
and other identified authorities in society. community.
- there are two (2) sub-theories:
containment theory and social bond FIVE STAGES IN THE CRIMINAL JUSTICE
theory. PROCESS:
1. Arrest
a. Containment Theory 2. Charging
- proposed by Walter Reckless 3. Adjudication
- he stated that inner and outer 4. Sentencing
containments help prevent 5. Corrections
juvenile offending.
- containment means the forces FIVE PILLARS OF THE PHILIPPINE CRIMINAL
within and outside the JUSTICE SYSTEM
individual that has the power to 1) LAW ENFORCEMENT
influence his actions. 2) PROSECUTION
- inner containments include 3) COURTS
positive self-concept, tolerance 4) CORRECTIONS
for frustration and an ability to 5) COMMUNITY
set realistic goals.
- outer containments include THREE PILLARS OF THE AMERICAN
family. CRIMINAL JUSTICE SYSTEM
1) LAW ENFORCEMENT
b. Social Bond Theory 2) COURTS
- propagated by Travis Hirschi 3) CORRECTIONS

Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim

CRIMINAL LAW AND THE CRIMINAL JUSTICE
SYSTEM
Basis of the Criminal Justice System
Criminal Law is the basis that takes place
in the Criminal Justice System.
Only violations of Criminal Law are being
considered and processed in the Criminal Justice
System. Where no violation of Criminal Law or
where no commission of the crime, in general,
Criminal Justice as a process will not operate.
CRIMINAL LAW
Branch of public, which defines crimes,
treats of their nature, and provides for their
punishment.
TWO CLASSIFICATION OF CRIMINAL LAW
A. SUBSTANTIVE
Defines the elements that are necessary
for an act to constitute as a crime and
therefore punishable.
B. PROCEDURAL
Refers to a statute that provides
procedures appropriate for the
enforcement of the Substantive Criminal
Law.
TWO BASIC PRINCIPLES OF CRIMINAL LAW
IN THE ADMINISTRATION OF THE CRIMINAL
JUSTICE SYSTEM IN THE PHILIPPINES
A. First is the “presumption of innocence”.
This means that those who are accused of
crimes are considered innocent until
proven guilty. The accused is entitled to all
the rights of the citizens until the
accused’s guilt has been determined by
the court of law or by the accused’s
acknowledgment of his guilt that he or she
indeed committed the crime.
B. The second principle is “the burden of
proof” which in criminal cases means that
the government must prove beyond
“reasonable doubt” that the suspect
committed the crime
CONCEPT OF THE PRINCIPLE OF THE
PRESUMPTION OF INNOCENCE
No less than the Constitution of the
Philippines provides that an accused shall
be presumed innocent until proven guilty.
CONCEPT OF PROOF BEYOND
REASONABLE DOUBT
In order to make sure that only those who
are guilty of the crime as punished, our Rules on
Evidence provides that the evidence, in order to
be sufficient to convict an accused for a criminal
act, proof beyond reasonable doubt is necessary.
Unless his guilt is shown beyond reasonable
doubt, he is entitled to an acquittal.
MEANING OF PROOF BEYOND REASONABLE
DOUBT
Proof beyond reasonable doubt does not mean
such a degree of proof as, excluding the
possibility of error, produces absolute certainty.
Moral certainty is only required, or that degree of
proof which produces conviction in an
unprejudiced mind.
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
CRIMINAL IN RELATION TO CRIMINAL
JUSTICE SYSTEM
The criminal is the main character of the
Criminal Justice System.
CRIMINAL may be defined in three different
views:
1. In Criminological sense, a person may
be considered as a criminal from the time
he or she committed the crime regardless
whether or not it has been reported to the
Police for investigation.
2. In legal sense, a person maybe
considered a criminal only upon
undergoing the judicial process and upon
determination by the Court that he or she
is guilty beyond reasonable doubt.
3. In Criminal Justice sense, a criminal
may be defined as one who has
undergone the process and went through
all the pillars of the Criminal Justice
System
THE DIFFERENT NOMENCLATURES GIVEN
TO THE PERSON WHO IS BEING PROCESSED
UNDER THE CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during investigation,
he is referred to as the SUSPECT.
2. At the Prosecutors office, during the
determination of probable cause or during
the Preliminary Investigation, he is
referred to as the RESPONDENT.
3. At the trial of the case, when a case has
been filed in Court, he is referred to as the
ACCUSED.
4. Once the Court has determined that the
accused is guilty beyond reasonable doubt
as charged and the judgement has been
rendered, he is referred to as the
CONVICT.
5. It is only upon undergoing all the process
when the person has served the sentence
when he can really be considered as a
CRIMINAL.
FOUR ELEMENTS OF JUSTICE IN ORDER
THAT JUSTICE MAY BE DISPENSED OF
ABSOLUTELY
1. The absolute ability to identify the law
violator
2. The absolute ability to apprehend law
violator
3. The absolute ability to punish law violator
4. The absolute ability to identify the intent of
the law violator.
FOUR TYPES OF MISTAKES THAT CAN
HAPPEN WHEN SOCIETY ATTEMPTS TO
ADMINISTER JUSTICE:
1. The innocent is punished
2. The guilty escapes punishment
3. The guilty are punished more severely
than necessary;
4. The guilty are punished less severely than
necessary
THE FIVE PILLARS OF THE PHILIPPINE
CRIMINAL JUSTICE SYSTEM:
1. Law Enforcement
2. Prosecution
3. Courts The adversarial approach assumes
4. Correction innocence. The prosecutor representing
5. Community the State must prove the guilt. The
adversary approach requires that the
The three components of the Criminal Justice proper procedures are followed,
System in the United States: procedures designed to protect the rights
1. Law Enforcement of the accused.
2. Courts The adversary system embodies the basic
3. Corrections concept of equal protection and due
process. These concepts are necessary in
PHILLIPINE CRIMINAL JUSTICE SYSTEM order to create a system in which the
SETTING: accused has a fair chance against the
1. The Law Enforcement, particularly the tremendous powers of the prosecutors
Philippine National Police (PNP) is under and the resources of the State.
the Department of the Interior and Local 2. The Inquisitorial approach:
Government (DILG); while the National The inquisitorial system assumes guilt; the
Bureau of Investigation is an agency accused must prove that they are
attached to the Department of Justice innocent. The inquisitorial approach
(DOJ). places a greater emphasis on conviction
2. The Prosecution Service is under the rather than on the process by which the
DOJ, while the OMBUDSMAN is a conviction is secured.
Constitutional body independent from
even the three major and co equal branch The philosophy adopted in our Criminal
of the government; Justice System is the Adversarial Approach.
3. The Courts, meaning the regular civil
courts, including the SANDIGANBAYAN CONCEPT OF DUE PROCESS OF LAW
and Special Criminal Courts, are under the The concept of due process means that
Supervision and control of Supreme those who are accused of the crimes and
Courts. Although, judges of the Municipal those who are processed through the
Trial Courts, Municipal Circuit Trial Courts, Criminal Justice System must be given the
at times are tasked to perform executive basic rights guaranteed by the
functions when they are conducting Constitution.
Preliminary Investigation which is primarily Criminal due process requires that the
an Executive function. accused be tried by an impartial and
4. The Correctional Institutions are either under competent court in accordance with the
the DOJ or DILG. procedure prescribed by law and with
- The Bureau of Prison or the National proper observance of all the rights
Penitentiary is under the DOJ; accorded to him under the Constitution
- By virtue of RA 6975, the Bureau of Jail and applicable statute.
Management and Penology (BJMP) is in CONCEPT OF EQUAL PROTECTION
charge of the City or Municipal Jails while The equal protection clause in essence
the Provincial government is in charge of declares that the state may not attempt to
the Provincial jails. Both are under the create or enforce statutes against a
DILG. person solely because of specific
characteristics such as race, age or sex
PURPOSES OR GOALS OF CRIMINAL
JUSTICE SYSTEM I. LAW ENFORCEMENT – The First Pillar in the
1. Primary goals administration of the Criminal Justice System
a. Maintenance of peace and order
b. Protect members of the society Law Enforcement in relation to CJS
2. Secondary goals or sub-goals The Law Enforcement as the first pillar is
a. Prevention of crime considered to be the “initiator” or the “prime
b. The review of the legality of mover” of the Criminal Justice System. It is
preventive and suppressive considered as “the initiator of the actions” that
measures. other pillars must act upon to attain its goal or
c. The judicial determination of guilt objective.
or innocent of those apprehended. Examples of police initiating action:
d. The proper disposition of those a. effecting an arrest
who have been legally found guilty. b. surveillance
e. The correction by socially c. crime investigation
approved means of the behavior of
those who violate the criminal law. THE GENERAL FUNCTIONS OF THE LAW
f. The suppression of criminal ENFORCEMENT IN RELATION TO THE
conduct by apprehending ADMINISTRATION OF THE CJS
offenders for whom prevention is a. To prevent criminal behavior.
ineffective. b. To reduce crime. 
c. To apprehend and arrest offenders.
THE PHILOSOPHIES BEHIND THE CRIMINAL d. To protect the life and property.
JUSTUCE SYSTEM e. To regulate non-criminal conduct.
1. The Adversarial Approach

Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
PHILIPPINE NATIONAL POLICE
- organized pursuant to RA 6975, as
amended by RA 8551
PERTINENT LAWS ON PNP:
RA 6975 - “DILG Act of 1990” - Approved
on Dec 13, 1990
RA 8551 - “PNP Reform and
Reorganization Act of 1998.
- Approved on February
25, 1998.
RA 9708 - “An Act extending for 5 years the
reglementary period for complying the minimum
educational qualification for appointment to the
PNP and adjusting the promotion system thereof”.
Approved on August 12, 2009
The Philippine National Police is a law
enforcement agency under the DILG. It is under
administrative control and operational supervision
of the National Police Commission. It is an
organization that is national in scope and
civilian in character, as provided by Section 6,
Article 16 of the 1987 Philippine Constitution:
“The state shall establish and maintain one police
force which shall be national in scope and
civilian in character…”
-headed by the Chief, PNP, with the rank of
Director General, appointed by the President
and who shall serve a term of office of four (4)
years.
NATIONAL IN SCOPE
- means that the PNP is a nationwide
government organization whose jurisdiction
covers the entire breadth of the Philippine
archipelago.
- all uniformed and non-uniformed personnel of
the PNP are national government employees.
 
CIVILIAN IN CHARACTER
- means that that the PNP is not a part of the
military, although it retains some military attributes
such as discipline.
POWERS AND FUNCTIONS OF THE PNP
-Enforce all laws and ordinances relative to the
protection of lives and properties;
-Maintain peace and order and take all necessary
steps to ensure public safety;
-Investigate and prevent crimes, effect the arrest
of criminal offenders, bring offenders to justice
and assist in their prosecution;
-Exercise the general powers to make arrest,
search and seizure in accordance with the
Constitution and pertinent laws;
-Detain an arrested person for a period not
beyond what is prescribed by law, informing the
person so detained of all his rights under the
Constitution;
-Issue licenses for the possession of firearms and
explosives in accordance with law;
-Supervise and control the training and operations
of security agencies and issue licenses to operate
security agencies and to security guards and
private detectives, for the purpose of their
professions.
NATIONAL BUREAU OF INVESTIGATION
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
-The National Bureau of Investigation (NBI) saw
its inception on November 13, 1936 upon
- approval of Commonwealth Act No. 181 by the
legislature
-Tasked with organizing a Division of Investigation
or DI patterned after the United States Federal
Bureau of Investigation were Thomas Dugan, a
veteran American police captain from the New
York Police Department and Flaviano C.
Guerrero, the only Filipino member of the United
States Federal Bureau of Investigation.
-On June 19, 1947, by virtue of Republic Act No.
157, it was reorganized into the Bureau of
Investigation. Later, it was amended by Executive
Order No. 94 issued on October 4, 1947
renaming it to what it is presently known, the
National Bureau of Investigation (NBI).
-The NBI is a government entity that is civilian in
character, and national in scope which  is   under
the Department of Justice.
FUNCTIONS OF THE NBI
1. Investigate crimes and other offenses
against the laws of the Philippines, both
on its own initiative and as public interest
may require;
2. Assist, when officially requested in the
investigation or detection of crimes and
other offenses;
3. Act as national clearing house of criminal
records and other information for use of
all prosecuting and law enforcement
entities in the Philippines, of identification
records of identifying marks,
characteristics and ownership or
possession of all firearms  and  test 
bullets fired  therefrom;
4. Give technical help to all prosecuting and
law enforcement offices, agencies of the
government, and courts which may ask for
its services;
5. Extend its services in the investigation of
cases of administrative or civil in nature in
which the government is interested;
6. Establish and maintain an up-to-date
scientific crime laboratory and conduct
researches in furtherance of scientific
knowledge in criminal investigation;
7. Coordinate with other national or local
agencies in the maintenance of peace and
order;
8. Undertake the instruction and training of a
representative number of city and
municipal peace officers at the request of
their respective superiors along effective
methods of crime investigation and
detection in order to insure greater
efficiency in the discharge of their duties.
POLICE RULES AND FUNCTIONS IN THE
SOCIETY
Basically, the role of the police in society is crime
prevention which is the main goal of the CJS.
CRIME DETECTION IN RELATION TO THE
ADMINISTRATION OF CJS
Through crime detection, the police is typically the
first component of the justice system to deal with
the commission of the crime.
How are crime detection usually happens?
The detection of crime usually occurs in
the following manner:
a. The most typical way that crimes come to
the attention of the police is for the victim
to report its occurrence to the police
b. A less typical way for the police to be
advised of the crime is through the
reporting of someone who has witnessed
its commission or has come upon
evidence indicating that a crime has been
committed;
c. The police themselves, through their
routine operations discover that a crime
has been committed or witness its
commission
MEANING OF ARREST:
– Arrest is the taking of a person into
custody in order that he may be bound to answer
for the commission of an offense.
IMPORTANCE OF ARREST IN THE
ADMINISTRATION OF CJS
Arrest is important in the administration of
Criminal Justice System because if the accused is
not arrested, the court will not acquire jurisdiction
over his person unless the person voluntarily
surrenders himself to the authorities.
PROBABALE CAUSE IN EFFECTING ARREST
Probable cause with respect to arrest is
such a fact and circumstances which would lead a
reasonably discreet and prudent man to believe
that an offense has been committed by the
person sought to be arrested.
SEARCH WARRANT
It is an order in writing issued in the name
of the people of the Philippines signed by the
judge and directed to the peace officer,
commanding him to search for personal property
and bring it before the court.
REQUISITIES FOR THE ISSUANCE OF
WARRANT OF ARREST
A search warrant shall be issued only
upon (a) upon probable cause (b) in connection
with one specific offense ( c) to be determined
personally by the judge (d) after examination
under oath or affirmation of the complainant and
the witnesses he may produce and (e) particularly
describing the place to be search and the thing to
be seized.
PERSONAL PROPERTY TO BE SEIZED
a. Subject of the offense;
b. Stolen or embezzled and other proceeds,
fruits of the offense; or
c. Use or intended to be used as the means
of the commission of the offense.
GENERAL RULE IN EFFECTING AN ARREST:
The general rule in effecting an arrest is
simply to make an arrest when there is a warrant.
Reason:
a. For the protection of the person making
the arrest in order not to be charged
criminally for violation of Article 124 of the
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
Revised Penal Code, and other related
penal laws;
b. and also for any civil and administrative
charges.
EXCEPTION TO THE GENERAL RULE:
The exception to the general rule is
provided by the Revise Rules on Criminal
Procedures (Rule 113, Section 5)
Arrest without warrant; when lawful. – A peace
officer or a private person may, without a warrant,
arrest a person:
(a) When, in his presence, the person to be
arrested has committed, is actually committing, or
is attempting to commit an offense;
(b) When an offense has just been committed and
he has probable cause to believe based on
personal knowledge of facts or circumstances that
the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he is serving final judgment or is
temporarily confined while his case is pending, or
has escaped while being transferred from one
confinement to another.
GENERAL RULE IN EFFECTING SEARCH AND
SEIZURE:
Just like arrest, the general rule in effecting a
search and seizure is only by virtue of a validly
issued search and warrant.
The Reason:
a. For the protection of the searcher not to
be charged of a crime of theft, robbery and
the like;
b. And for any civil and administrative
liabilities
   EXCEPTIONS:
a. Warrantless search incidental to a lawful
arrest
b. Seizure of evidence in plain view
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances
EVIDENCE OBTAINED IN VIOLATION OF THE
RULE ON ARREST AND SEARCH AND
SEIZURE IS NOT ADMISSIBLE AS EVIDENCE
AGAINST THE ACCUSED
The evidence obtained is not admissible
against the accused in any proceedings. The rule
not admitting any unlawfully obtained evidence
against the accused is referred to “the
exclusionary rule” because the same is said to be
“the fruit of the poisonous tree”.
CRIMINAL INVESTIGATION
Is an art, which deals with identity and
location of the offender and provides evidence of
his guilt in criminal proceedings.
Importance of Criminal Investigation in the
Administration of CJS
Criminal Investigation is important in the
administration of the CJS because one of the
purpose of criminal investigation is to gather and
preserve evidence that will both justify their
enforcement action in particular case as well as
enable the fact finding process of the courts and
the prosecution of the case successfully and
obtain conviction.
Republic Act No. 7438, April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS
OF PERSON ARRESTED, DETAINED OR
UNDER CUSTODIAL INVESTIGATION AS WELL
AS THE DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING OFFICERS,
AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF.
POLICE DISCRETION IN RELATION TO THE
ADMINISTRATION OF CJS
As defined by Kenneth Culp Davis,
discretion means the freedom to make a choice
among possible courses of action.
By the very nature of their work, police
officers normally make critical decisions involving
the life, liberty, honor and property of citizens, and
these requires discretion on their part.
SOME OF THE EXAMPLES OF POLICE
DISCRETION:
a. Whether or not to enforce a specific law;
b. Whether or not to conduct search of
people or building
c. Whether or not to effect an arrest;
d. To determine what charges are to be filed
II. PROSECUTION – The second Pillar of the
Criminal Justice System
PROSECUTION AS A PILLAR OF THE CJS
The Prosecution as the pillar of the CJS
simply means “a criminal action”. A proceeding
instituted and carried on by due course of law,
before a competent tribunal, for the purpose of
determining the guilt or innocence of a person
charged with a crime.
It is also used to designate the
government as the party to the proceeding in a
criminal action.
IN PHILIPPINE CJS, WHO CONDUCTS THE
PROSECUTION?
In the Philippines, the prosecutor is the
government officer, tasked to conduct the
prosecution of criminal actions in court. The
Revised Rules of Court expressly provides that
the prosecution has the direction and control of
the case.
Although in the Municipal Trial Court or
Municipal Circuit Trial Courts when the prosecutor
is absent, the offended party, any peace officer,
or public officer charged with the enforcement of
the law violated may prosecute the case. But
such authority shall cease upon actual
intervention of the prosecutor r upon elevated to
the RTC.
NATIONAL PROSECETION SERVICE (NPS)
The NPS is under the supervision and control of
the Department of Justice (DOJ) and is tasked as
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
the prosecutorial arm of the government. Its most
important function in the Criminal Justice System
is to maintain and recognize the rule of law
through the speedy delivery of services
particularly in the investigation and prosecution of
all crimes under the Revised Penal Code,
Presidential Decrees and other special penal
laws.
SOME ROLES OF THE PROSECUTOR:
a. To conduct Preliminary Investigation
b. To make proper recommendation during
the inquest of the case referred to them by
the police after the investigation of the
suspect;
c. To represent the government or state
during the prosecution of the case against
the accused;
d. To act as a legal officer of the province or
City in the absence of its legal officer;
e. To investigate administrative cases filed
against State Prosecutors, Provincial
Prosecutors, including the support staff of
the National Prosecution Service (NPS).
PRELIMINARY INVESTIGATION:
It is an inquiry or proceeding for the
purpose of determining whether there is sufficient
ground to engender a well founded belief that a
crime has been committed and that the
respondent is probably guilty thereof, and be held
for trial (Section 1, Rule 112, Rules of Court).
PURPOSES/OBJECTIVES OF PRELIMINARY
INVESTIGATION
a. To determine whether a crime has been
committed and whether there is probable
cause to believe that the accused is guilty
thereof;
b. To secure the innocent against hasty,
malicious and oppressive prosecution.
c. To protect the State from useless and
expensive trials.
CAN THERE BE PRELIMINARY
INVESTIGATION?
Preliminary Investigation is required to be
conducted before the filing of the Complaint or
Information for an offense where the penalty
prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the fine.
INSTANCE WHEN PRELIMINARY
INVESTIGATION IS NOT REQUIRED TO BE
CONDUCTED EVEN IF THE CRIME IS ONE
THAT REQUIRES PRELIMINARY
INVESTIGATION
When the offender was arrested without a
warrant, an Inquest investigation will be
conducted by the inquest investigator. There is no
need to conduct Preliminary Investigation, unless
the person arrested ask for Preliminary
Investigation. However, before the same can be
done, he must sign a waiver under the provision
of Art. 125 of the Revised Penal Code.
An INQUEST shall refer to an informal and
summary investigation conducted by a public
prosecutor in criminal cases involving persons
arrested and detained without the benefit of a
warrant issued by the court for the purpose of
determining whether or not said person should
remain under the custody and correspondingly
charged in court.
PERSONS AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATION:
a. Provincial or City Prosecutors and their
assistants;
b. Judges of the Municipal Trial Courts and
Municipal Circuit Trial Courts;
c. National and Regional State Prosecutors;
and
d. Other officers as may be authorized by
law.
OTHERS OFFICERS AUTHORIZED BY LAW
TO CONDUCT PRELIMINARY
INVESTIGATION:
a. The Ombudsman and special prosecutor
ad prosecutors duly authorized by the
Ombudsman with respect to cases under
its jurisdiction (ex. Anti-graft and corrupt
practices act.)
b. The COMELEC with respect to cases in
violation of the Election Law;
c. Private Lawyers when duly deputized by
any of the above.
PROSECUTOR’S DISCRETION:
a. Whether or not to file the case in court;
b. What charges to file;
c. Whether or not to decline to prosecute the
arrested party;
d. Whether or not to enter into plea-
bargaining
SOME OF THE REASONS FOR
PROSECUTORIAL REJECTION OR DISMISSAL
OF SOME CRIMINAL CASES:
a. Insufficient evidence that results from a
failure to find sufficient physical evidence
that links the defendant to the offense.
b. Witness problem that arise for example,
when a witness fails to appear, gives
unclear or inconsistent statements, is
reluctant to testify, is unsure of identity of
the offender.
c. Due Process Problems that involves the
violations of the Constitutional
requirements for seizing evidence and for
the questioning of the accused.
REMEDY AVAILABLE SHOULD THE
PROSECUTOR WITHOUT JUST CAUSE
DECLINE TO PROSECUTE A CRIME:
a. File a motion for consideration
b. File an administrative case against the
Prosecutor;
c. File a civil case against the Prosecutor;
d. File a criminal case against the Prosecutor
III. COURT – The third pillar of the Criminal
Justice System
General functions of the Courts in relation of
the CJS:
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
1. To protect the rights of the accused – the
courts are responsible for reviewing the
actions of law enforcement agencies to
ensure that the police have not violated
the rights of the accused;
2. To determine by all legal means whether a
person is guilty of a crime – review all the
evidences presented by the police to
determine its relevance and admissibility
in accordance with the Constitution and
the rules of Court;
3. To dispose properly of those convicted of
the crimes – the Courts have the
responsibility to examine the background
of the accused and the circumstances of
the crime;
4. To protect the society – after the accused
has been found guilty, the court may
determine if the offender should be
removed from society and incarcerated in
order to protect the safety of life and
property and this is specially in case of
Probation;
5. To prevent and reduce criminal behavior –
this is the task properly imposing the
proper penalty and sanctions that will
serve to deter the future criminal acts by
the offender an also serve as an example
and deterrent to others who would commit
criminal acts or threaten public safety.
IMPORTANCE OF THE COURTS IN THE
ADMINISTRATION OF CJS:
Because the Court is the final arbiter of all
disputes involving violations of criminal law.
Basic is the principle in law that we are a
government of law and that no one should put the
law into one’s own hand. Otherwise, our Society
will be one where chaos and anarchy reign
supreme.
GENERAL FUNCTIONS OF THE COURTS IN
RELATION TO THE CJS
1. To protect the rights of the accused. The
courts are responsible for the reviewing the
actions of law enforcement agencies to ensure
that the police have not violated the rights of the
accused.
2. To determine by all legal means whether a
person is guilty of a crime. Review all the
evidences presented by the police to determine
its relevance and admissibility in accordance with
the Constitution and the rules of court.
3. To dispose properly of those convicted of
the crimes. The Courts have the responsibility
to examine the background of the accused and
the circumstances of the crime.
4. To protect the society. After the accused
has been found guilty, the court may determine if
the offender should be removed from society and
incarcerated in order to protect the safety of life
and property and this is specially true in case of
Probation.
5. To prevent and reduce criminal behavior.
This is the task properly imposing the proper
penalty and sanctions that will serve to deter the
future criminal acts by the offender and also serve
as an example and deterrent to others who would
commit criminal acts or threaten public safety.
JURISDICTION
It is the authority of the court to hear and
try a particular offense and to impose the
punishment provided by law.
VENUE
Refers to the place, location or site where
the case is to be heard on its merits.
DIFFERENT COURTS
1. Municipal Trial Court/Municipal Circuit
Trial Court/Metropolitan Trial Court
Original Jurisdiction: (a) all violations of
city and Municipal ordinances, (b) all offenses
punishable with imprisonment not exceeding six
(6) years irrespective of the amount of fine, (c)
damage to property through criminal negligence;
2. Regional Trial Court (RTC)
Original Jurisdiction: (a) those which carry
the penalties exceeding six (6) years of
imprisonment, (b) those not covered by the
jurisdiction of the Sandiganbayan.
3. Sandiganbayan
Original Jurisdiction: Violations of RA 3019
(Anti-graft and Corrupt Practices Act), RA
1379, ad Chapter II, Section 2 Title VII, f
Book II of the RPC.
1. officials of the executive branch of the
government occupying the positions of
regional director and higher, otherwise
classified as Grade 27 and higher.
2. Phillipine Army and Air force colonels,
naval captain and all officers of higher
rank.
3. Officer f the PNP (provincial director
and those holding the rank of senior
superintendent or higher
4. Court of Appeals.
Appellate jurisdiction: Decisions or
judgements of the RTC
5. Supreme Court
Appellate jurisdiction: Decisions or
judgements of the CA and the
Sandiganbayan.
COURT’S EXERCISE OF DISCRETION:
a. To set bail or set conditions for the release
of the accused;
b. To rule on the procedural matters as
raised by the defendant or the prosecutor
during the trial;
c. To impose sentence or not;
d. To convict or to acquit the accused;
e. To revoke probation or suspended
sentence.
ARRAIGNMENT
It is the stage where the issues are joined
in criminal action and without which the
proceedings cannot advance further.
It is the stage of the proceedings whereby
the accused shall be informed of his/her
constitutional right to be (officially) informed of the
nature and the cause of the accusation against
him and to ask him of his plea.
JUDGEMENT
It is the adjudication by the court that the
accused is guilty or not of the offense charged
and the imposition on him of the proper penalty
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
and civil liability, if any. It must be written in the
official language, personally and directly prepared
by the judge and signed by him and shall contain
clearly and distinctly a statement of the facts and
the law upon which is based.
PROMULGATION OF JUDGMENT
The judgment is promulgated by reading it
in the presence of the accused and any judge of
the court in which it was rendered. However, if the
conviction is for a light offense, the judgment may
be pronounced in the presence of his counsel or
representative. When the judge is absent or
outside the province or city, the judgment may be
promulgated by the clerk of court.
WEIGHT OF THE EVIDENCE REQUIRED IN
ORDER TO CONVICT THE ACCUSED
The weight of the evidence required in
order to convict an accused is “Proof beyond
reasonable doubt”
ACQUITTAL
It is a finding of not guilty based on the
merits. Meaning, the accused is acquitted
because the evidence does not show that his guilt
is beyond reasonable doubt.
APPEAL
Appeal is a statutory right granted to the
accused or even the government in proper cases
to seek remedy before an Appellate Court for the
annulment or reversal of an adverse decision or
conviction rendered by the Trial Court.
WHO HAS THE RIGHT TO APPEAL?
As a rule, this right is only granted to the
convicted offender. However, the Supreme Court
in one of its landmark decision held that the right
to appeal shall not be denied to the government
prosecutor when proper.
IV. CORRECTIONS –The fourth pillar of the
CJS
Corrections – deals with punishment,
treatment and incarceration of offenders.
Corrections as the fourth pillar takes over
the criminal treatment once the accused, after
having been found guilty, is meted out the penalty
for the crime he committed. He can apply for
probation or he could be turned over to a non –
institutional or institutional agency or facility for
custodial treatment and rehabilitation.
GENERAL FUNCTIONS OF CORRECTIONS IN
RELATION TO THE ADMINISTRATION OF CJS
1. To maintain the institutions – the
correctional component is responsible for
maintaining prisons, jails and other
institutional facilities to receive convicted
offenders sentence to periods of
incarceration.
2. To protect law abiding members of
society – Corrections custody and
security in order to keep sentenced
offenders removed from the free world so
that they cannot commit further crimes on
society.
3. To reform offenders – It is responsible
for developing and providing services to
 assist incarcerated offenders to reform
and assist them in returning to society and
in leading a non-criminal life after his/her
release.
4. To deter crimes – It is responsible for
encouraging incarcerated and potential
offenders to lead law-abiding lives the
experience of incarceration and the denial
of freedom to live in a free society.
TIME WHEN CORRECTIONS ENTER INTO THE
PICTURE IN THE ADMINISTRATION OF CJS
Correctional Institutions enter into the
picture, as a rule, when the conviction of the
accused has become final and executory. That is,
when the judicial process has been completed
and the court issues MITTIMUS for the
enforcement of its decision.
Although, Correctional Institutions, Jails in
particular, may receive an accused for custody or
detention only, in which case the court issues a
COMMITMENT ORDER.
MITTIMUS
It is a warrant issued by a court bearing its
seal and the signature of the judge directing the
jail or prison authorities to receive the convicted
offender for service of sentence.
COMMITMENT ORDER
It is a written order of a court or authority
consigning a person to jail or prison for detention.
PURPOSES OF CORRECTION
1.      Deterrence.
2.      Rehabilitation.
3.      Reintegration
4.      Isolation and Incapacitation.
5.      Punishment.
DIFFERENT CORRECTIONAL INSTITUTIONS
IN THE PHILIPPINES:
1. Sablayan Prison and Penal Farm –
located in Occidental Mindoro. Established
on September 26, 1954 by virtue of
Presidential Proclamation No. 72.
It is the youngest colony of the bureau.
2. Leyte Regional Prison – situated in
Abuyog, Southern Leyte, established a
year after declaration of Martial law in
1972.
3. New Bilibid Prison – located in
Muntinlupa, it was officially named New
Bilibid Prison on January 22, 141.
4. Correctional Institution for Women –
located at Mandaluyong City. Philippine
Legislature passed Republic Act 3579 in
November 1929 which authorize the
transfer of all women inmates from Old
Bilibid Prison to CIW. On February 14,
1931, the women prisoners were
transferred from Old Bilibid Prison to the
building especially constructed to them. Its
old name “Women’s Prison” was changed
to “Correctional Institution for Women”.
5. Iwahig Penal Colony – located at
Palawan, established on November 16,
1904 by Governor Luke Wright.
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
6. San Ramon Prison and Penal Farm –
established in Southern Zamboanga on
August 21, 1870 through a royal decree
promulgated in 1869. Considered the
oldest penal facility in the country.
Originally established for persons
convicted of political crimes. It was here in
Dapitan Zamboanga where Dr. Jose Rizal
was incarcerated.
7. Davao Penal Colony – located in Davao
Del Norte, the first penal settlement
founded and organized under Filipino
administration. It was formally established
on January 21, 1932 by virtue of Act No.
3732.
CORRECTIONAL AGENCIES IN THE
PHILIPPINES
1. Institutional Corrections Agencies
a. Bureau of Corrections – an agency
under the Department of Justice (DOJ)
that is charged with custody and
rehabilitation of national offenders, that is,
those sentenced to serve a term of
imprisonment of more than three (3)
years. It exercises control and supervision
of all the corrections/prisons facilities
nationwide.
b. Provincial Jails – a jail for the
safekeeping of prisoners at the capital of
each province, and in the absence of
special provision all expenses incident to
the maintenance thereof and of
maintaining prisoners are borne by the
province.
c. Bureau of Jail Management and
Penology (BJMP) – created by virtue of
Republic Act 6975, exercise supervision
and control over all district, city and
municipal jail nationwide. Formally
established on January 2, 1991.
CLASSIFICATION OF PRISONERS
1. Detention Prisoners
a. Persons held for security reasons
b. Persons held for investigation
c. Persons waiting for final judgment
d. Persons waiting for trial
2. Sentenced Prisoners – prisoners who
convicted by judgment by competent court.
2.1 Municipal Jail Prisoner –
sentenced to serve a prison term for 1 day
to 6 months.
2.2 City Jail Prisoner – sentenced to
serve imprisonment for 1 day to 3 years
2.3 Provincial Jail – sentenced to 6
months one day to 3 years
2.4 National or insular Prisoners –
Sentenced to 3 years 1 day to
Reclusion Perpetua or Life
Imprisonment.
2. Non – Institutional Correctional Agencies
a. Parole and Probation Administration –
an attached agency of the DOJ which
provides a less costly alternative to
imprisonment of offenders who are likely
to respond to individualized community
 based treatment programs. Headed by an
Administrator
- Handles the investigation of
petitioners for probation, and the
supervision of probationers, parolees and
conditional pardonees.
b. Board of Pardons and Parole –the
administrative arm of the President of the
Philippines in the exercise of his
constitutional power to grant, except in
cases of impeachment, pardon, reprieve
and amnesty after conviction by final
judgment.
History:
Act 4103, otherwise known
as Indeterminate Sentence Law,
took effect on December 4, 1933,
created the Board of Indeterminate
Sentence.
Amended by Executive
Order No. 83, Series of 1937,
renamed the Board of
Indeterminate Sentence to Board
of Pardons.
Amended by Executive
Order No. 94, abolished the Board
of Pardons and created the Board
of Pardons and Parole.
c. Department of Social Welfare and
Development (DSWD) – renders services
for Children in Conflict with the Law (CICL)
(RA 9344, Juvenile Justice and Welfare
Act of 2006, April 28, 2006).
SEC. 6. Minimum Age of
Criminal Responsibility. - A child
fifteen (15) years of age or under
at the time of the commission of
the offense shall be exempt from
criminal liability. However, the child
shall be subjected to an
intervention program pursuant to
Section 20 of this Act.
A child above fifteen (15) years but
below eighteen (18) years of age
shall likewise be exempt from
criminal liability and be subjected
to an intervention program, unless
he/she has acted with
discernment, in which case, such
child shall be subjected to the
appropriate proceedings in
accordance with this Act.
The exemption from criminal
liability herein established does not
include exemption from civil
liability, which shall be enforced in
accordance with existing laws.
Juvenile Justice and Welfare Council (JJWC) -
A Juvenile Justice and Welfare
Council (JJWC) is hereby created
and attached to the Department of
Justice and placed under its
administrative supervision. The
JJWC shall be chaired by an
undersecretary of the Department
of Social Welfare and
Development
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Duties During Initial Investigation. - The law
enforcement officer shall, in his/her
investigation, determine where the
case involving the child in conflict
with the law should be referred.
The taking of the statement of the child
shall be conducted in the presence of the
following: (1) child's counsel of choice or in the
absence thereof, a lawyer from the Public
Attorney's Office; (2) the child's parents, guardian,
or nearest relative, as the case may be; and (3)
the local social welfare and development officer.
In the absence of the child's parents, guardian, or
nearest relative, and the local social welfare and
development officer, the investigation shall be
conducted in the presence of a representative of
an NGO, religious group, or member of the
BCPC.
After the initial investigation, the local
social worker conducting the same may do either
of the following:
(a) Proceed in accordance with Section 20
if the child is fifteen (15) years or below or above
fifteen (15) but below eighteen (18) years old,
who acted without discernment; and
(b) If the child is above fifteen (15) years
old but below eighteen (18) and who acted with
discernment, proceed to diversion under the
following chapter.
Probation as an Alternative to Imprisonment
The court may, after it shall have
convicted and sentenced a child in conflict with
the law, and upon application at any time, place
the child on probation in lieu of service of his/her
sentence taking into account the best interest of
the child. For this purpose, Section 4 of
Presidential Decree No. 968, otherwise known as
the "Probation Law of 1976", is hereby amended
accordingly.
PROBATION
- Is a disposition under which a defendant
after conviction and sentence, is released
subject to conditions imposed by the court
and under the supervision of a probation
officer.
- Is a privilege granted by the court to a
person convicted of a criminal offense to
remain in the community instead of
actually going to prison.
PARDON
Is an act of grace proceeding from the power
entrusted with the execution of the laws which
exempts the individual on whom it is bestowed
from the punishment the law inflicts for the crime
he has committed. It is the power reposed by the
Constitution to the President of the Philippines.
KINDS OF PARDON
a. Absolute Pardon – when the convict is
release without any condition;
b. Conditional Pardon – when the release
of the convict is subject to certain
conditions that the pardonee must comply
with strictly. Otherwise, such pardon will
 be revoked, because pardon is a contract
with the convict may or may not accept,
but once accepted, he has to abide with
the conditions prescribed.
PAROLE
Is a procedure by which prisoners are
selected for release on the basis of the individual
response to the correctional institution and the
service progress and by which they are provided
with the necessary controls and guidance as they
serve the remainder of their sentences within the
free community.
ELEMENTS OF PAROLE
a. That the offender is convicted;
b. That he serves part of his sentence in
prison;
c. That he is released before the full
expiration of his sentence;
d. That said release is conditional, and
e. That he remains on parole until the
expiration of his maximum sentence.
DISQUALIFICATIONS:
a. Their offenses are punished with death
penalty, reclusion perpetua or life
imprisonment;
b. They were convicted of treason,
conspiracy, or proposal to commit treason,
misprision of treason, rebellion, sedition or
coup d’ etat and piracy or mutiny on the
high seas or Philippine waters;
c. They are habitual delinquents;
d. They escaped from confinement or
evaded sentence;
e. They have been on conditional pardon
and had violated any of the conditions
imposed by the Board
f. Their sentence do not exceed one (1)
year;
g. They are suffering from any mental
disorder as proven by the government
psychiatrist or psychologist accredited by
the Department of Health;
h. They have pending criminal cases.
AMNESTY
Is a general pardon extended to a group of
prisoners and exercised by the President of the
Philippines with the concurrence of Congress.
The recipients are usually political offenders.
V. COMMUNITY – The fifth pillar of the CJS
Role of the Community as the fifth
pillar of the Criminal Justice
System.
- the community is understood to mean as “
elements that are mobilized and energized
to help authorities in effectively addressing
the law and order concern of the citizenry.”
The responsibilities of the community in
relation to Law Enforcement
As one of the pillars or component of the
Criminal Justice system, the community with its
massive membership has vital responsibilities in
law enforcement.
The citizens can achieve these roles:
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
a. identifying offenders;
b. giving data about the illegal activities and
cohorts of the criminals, and the
proliferation of organized crimes and
syndicates;
c. volunteering as witnesses;
d. adopting precautionary and remedial
measures to diminish crime.
As had been pointed out, crime prevention is
not the sole responsibility of the police but is
equally the concern of every citizen in order to
have a peaceful place to live in.
Examples of Community participation in the
Administration of Criminal
Justice in our setting
 a. They are the following:
1. The growing interest in the rights and
welfare of the victim as shown by
the government with the
cooperation of community leaders.
Accordingly, R.A. No. 6981,
otherwise known as the
“Witness protection and
Security Act” was passed and
approved on April 24, 1991.
This is to encourage the citizenry to
participate in the Criminal Justice System by
helping the government and The community in
dealing with crime and criminals.
The Creation of Police-Community Relations
 R.A. 6975, created this unit in order to implement
plans and programs that will
promote community and citizens’
participation in the maintenance of
peace and order and public safety.
[2] It was created to establish
harmonious relationship between
the police and the citizen. The
community involvement in the
criminal justice system is
necessary to show its problems
and encourage action for the
solution thereof. It is clear that the
police and the citizens need each
other to combat and eradicate
criminality.
HOW CAN POLICE-COMMUNITY RELATIONS
BE ACHIEVED?
This can be done through:
a. Constant dialogues between seminars to
acquaint the barangay tanods and the
police aides of their duties and
responsibilities in the performance of their
functions in the community;
b. The police must follow the rule of law on
dealing with the citizens by performing
their duties in a humble and efficient
manner and by showing the public
goodwill
KATARUNGANG PAMBARANGAY (VILLAGE
JUSTICE)
BRIEF HISTORY OF THE KATARUNGANG
PAMBARANGAY
PD 1293 – the law “CREATING A
KATARUNGANG PAMBARANGAY
COMMISSION TO STUDY THE FEASIBILITY OF
RESOLVING DISPUTES AT THE BARANGAY
LEVEL
- promulgated on 27 January 1978
PD 1508 – the law “ESTABLISHING A SYSTEM
OF AMICABLY SETTLING DISPUTES AT THE
BARANGAY LEVEL
RA 7160 – otherwise known as the “LOCAL
GOVERNMENT CODE OF 1991
- provides for the REVISED
KATARUNGANG PAMBARANGAY
LAW
- enacted on 10 October 1991
Q & A:
1) What is LUPONG TAGAPAMAYAPA?
It is a body of men created to settle
disputes within the barangay level. It is
also referred to as the LUPON.
2) What shall be the composition of the
Lupon?
The Lupon shall be composed of the
Barangay Chairman as Chairman of the
Lupon and the Barangay Secretary as the
Secretary of the Lupon, plus other
members who shall be not less than ten
(10) but not more than twenty (20).
3) Who are qualified to become members of
the Lupon?
Any resident of the barangay of reputable
character may be appointed as member of
the Lupon. Members of the Lupon shall
be appointed by the Barangay Chairman.
4) When shall the Lupon be constituted?
The Lupon shall be constituted every three
years.
5) What is the term of office of a Lupon
member?
A Lupon member shall serve for a period
of three years.
6) What is the basic function of the Lupon?
Essentially, the Lupon must provide a
forum for matters relevant to the amicable
settlement of disputes for the speedy
resolution of disputes.
7) What is PANGKAT
TAGAPAGKASUNDO?
It shall act as the conciliation panel. It is
also referred to as the PANGKAT.
8) What shall be the composition of the
Pangkat?
It shall be composed of three (3) members
chosen from the members of the Lupon.
They shall choose from among the three
of them the Pangkat Chairman and
Pangkat Secretary.
9) When shall the Pangkat be constituted?
The Pangkat shall be constituted
whenever a dispute is brought before the Lupon.
10) Who shall appoint the members of the
Pangkat?
The members of the Pangkat shall be
chosen by the parties of the dispute from
among the Lupon members. In case of
disagreement, the Barangay Chairman
shall draw lots.
11) What matters fall under the jurisdiction of
the Lupon?
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
a) those involving offenses that
are punishable by the
imprisonment of one year and
below, or a fine in the amount
of five thousand pesos and
below;
b) those involving parties that
actually reside or work in the
same barangay;
c) those involving marital and
family disputes;
d) those involving minor disputes
between neighbors;
e) those involving real properties
located in the barangay;
12) Where shall be the venue for amicable
settlement?
a) disputes between persons actually
residing in the same barangay
shall be brought for amicable
settlement before the Lupon of
said barangay;
b) those involving actual residents of
different barangays within the
same city or municipality shall be
brought in the barangay where the
respondent actually resides;
c) all disputes involving real property
or any interest shall be brought in
the barangay where the real
property or the larger portion is
situated;
d) those arising at the workplace
where the contending parties are
employed or at the institution
where such parties are enrolled for
study shall be brought in the
barangay where such workplace or
institution is located.
PROCEDURE FOR AMICABLE SETTLEMENT
1) Who may initiate proceedings?
Any individual who has a cause of action
against another individual involving any matter
within the authority of the Lupon may complain,
orally or in writing, to the Lupon.
COMPLAINANT – the person who filed the
complaint against the respondent
RESPONDENT – the person who is being
complained of
CAUSE OF ACTION – an act or omission of one
party in violation of the legal rights of another for
which the latter suffers damage which affords a
party to a right to judicial intervention
2) What shall the Chairman do upon receipt
of the complaint?
The Chairman shall meet with the
respondent and complainant and mediate.
If he fails in his mediation within fifteen
(15) days, he shall set a date for the
constitution of the Pangkat.
MEDIATION OR CONCILIATION – the process
whereby disputants are persuaded by the Punong
Barangay or Pangkat to amicably settle their
disputes
 Blanchard and Peale “Ethics check”:
3) What shall the Pangkat do after its
constitution? 1. Is it legal? – based on criminal and
The Pangkat shall meet not later than constitutional law
three (3) days after their constitution, on
the date set by the Chairman, to hear both 2. It is balanced? – whether the decision is fair to
parties. everyone involved, in the short-term and long
4) Within how may days should the Pangkat term. Does the decision create a win-win
settle the dispute?
situation.
The Pangkat shall arrive at a settlement of
the dispute within fifteen (15) days from its 3. How it will make me feel about myself?-
meeting. This period may be extended for
another fifteen (15) days, at the discretion
of the Pangkat.
5) How shall the settlement be made official? Three Domain of Human Actions:
All amicable settlement shall be in writing.
6) Why should parties resort to amicable 1. Domain of Codified Law – values and
settlement before going to the police? standards are written into the legal systems and
Because it is a pre-condition to filing of
enforceable in the courts.
complaint in court:
“No complaint involving any matter 2. Domain of Ethics – (obedience is to
within the authority of the Lupon shall be
filed directly in court unless there has enforceable norms and standards about which the
been a confrontation between the parties individuals or organization aware.)
before the Chairman or the Pangkat, and
that no conciliation or settlement has been 3. Domain of Free Choice – this is pertain to
reached as certified by the Secretary, or behavior about which law has to say and for
unless the settlement has been repudiated which an individual or organization enjoys
by the parties.” complete freedom, example of choosing a
7) What shall be the effect of the amicable marriage partner or religion. (obedience is strictly
settlement? to oneself.)
The amicable settlement shall have the
force and effect of a final judgment of a court
upon the expiration of ten (10) days from the
date of settlement. Principles of Ethical Theory:
POLICE ETHICS AND VALUES 1. Value- what good; what is worth; respond to
need.
MS. LAILA S PAREDES, M.A Crim
2. Obligation/Duty- innate knowledge; learned;
Ethics - A set of principles of right conduct. It is a
conflict situation; do good; avoid evil.
set of moral values: the Principle of conduct
governing an individual or a group. Refers to 3. Freedom- Limits;
practical science of the normality of human
conduct. A theory or a system of moral values. 4. Responsibility – moral duty; obligation to
perform.
Derived from the Greek word “ethicos”, or that
which pertains to ethos (custom or character).

Values- it is the positive acts that must be done in

every particular occasion or situation. It is the
Police Ethics- is the practical science that treats object of human desire and needs.
of the principles of human morality and duty as
applied to law enforcement.

Rights- as attached to a human being must be

equated with the word value as the affinity
Morality- from Greek word “mor” or “moris” which between the two words cannot be put asunder.
also means custom. It also refers to is the
application of ethics.

Virtue is the sum creation of good ethics

applied.
The difference between ethics and morality,
Ethics is outlines theories of right or wrong, while
Morality translate these theories into action.
Sources of Understanding Human Behavior

Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
1. Physchological- study of the behavior of man.
(Clinical or biological study)
2. Philosophical- man is always conventional. He
acts in line with the act of the community. Always
go with the mentality of the people. (Ethical)
3. Theological – state the positive and negative
point of religious beliefs. (Moral)
Police Core Values
The police service is a noble profession
and demands from its members specialize
knowledge and skills and standard of ethics and
morality. In this regards, the members of the PNP
must adhere to and internalize the enduring core
of values:
1. Love of God
2. Respects for Authority
3. Selfless love and sacrifice for people
4. Respect for women and sanctity of marriage
5. Responsible dominion and stewardship over
material things, and truthfulness.
PROFESSIONAL CONDUCT OF THE POLICE
1. Commitment to Democracy
2. Commitment to Public Interest
3. Non-Partisanship
4. Physical Fitness and health
5. Secrecy Discipline
6. Social Awareness
7. Non-solicitation of Patronage
8. Proper Care and Use of Public Property
9. Devotion to Duty
10. Conservation of Natural Resources
11. Discipline
12. Loyalty
13. Obedience to Superior
14. Command Responsibility
ETHICAL STANDARDS OF POLICEMAN
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
1. MORALITY – policemen shall adhere to high
standard of morality and decency and shall set
good examples for others to follow.
2. JUDICIOUS USE OF AUTHORITY –
policemen shall exercise proper and legitimate
use of authority in the performance of duty.
3. INTEGRITY – policemen shall not allow
themselves to be victim of corruption and
dishonest practice in accordance with the
provisions of RA 6713 and other applicable laws.
4. JUSTICE – policemen shall strive constantly to
respect their rights a human beings, parents,
children, citizens, workers, leaders or in other
capacities and to see to it that others do likewise.
5. HUMILITY – policemen shall recognize the fact
that they are public servants and not the masters
of the people and toward this end; they should
perform their duties without arrogance.
6. ORDERLINESS – policemen shall follow
procedures in accomplishing their tasks assigned
to them to minimize waste in the use of time,
money and effort.
7. PERSEVERANCE – once a decision is made,
all PNP members shall take legitimate action or
means to achieve the goals even in the face of
internal or external difficulties, and despite
anything which might weaken their resolve in the
course of time.
Police Customs on Courtesy
1. Salute- the usual greetings rendered by
uniformed members upon meeting and
recognizing persons entitled to a salute.
2. Salute to National Color and standard – PNP
members stand at attention and salute national
color and standards as its pass by them or when
the national color is raised or lowered during
ceremonies.
3. Address Title – junior in rank addresses senior
member who are entitled to salute with the word
“sir” or “madam”.
COURTESY CALLS
PNP members must observe the following
courtesy calls when occasion or situation arise:
1.Courtesy Call on Newly
Assigned/Promoted/Appointed Member – first
report or call on the Chief of the same or other
key officials for accounting, orientation and for
other purposes.
2. Christmas Call – local executives in their
respective area.
3. New Year’s Call – Chief or key officials in their
AOR.
4. Exit Call – PNP members pay an exist call on
their superior when relieved or reassigned to
another unit or destination.
POLICE CUSTOMS ON CEREMONIES
1. Flag Raising Ceremony
2. Flag Retreat Ceremony
3. Half-Mast
4. Funeral Service and Honors
5. Ceremony Tendered to Retiree
6. Honor Ceremony- arrival and departure honor
ceremony is tendered to visiting dignitary, VIP,
PNP Officer with the grade of Chief
Superintendent and above and AFP officers of
equivalent grade unless waived.
7. Turn-Over Ceremony
8. Wedding Ceremony
9. Anniversary
POLICE CUSTOMS ON SOCIAL DECORUM
1. Proper Attire – policemen always wear
appropriate and proper attire in conformity with
the occasion.
2. Table Manners – PNP members observe table
etiquette at all times.
3. Social Graces – Policemen conduct
themselves properly in dealing with people during
social functions
POLICE UNIFORM/APPEARANCE
1. Wearing of prescribed uniform.
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
2. Wearing as part of the uniform, awards and
decorations earned in accordance with the
prescribed rules and regulations.
3. Adhere to haircut prescribed by rules and
regulations. (3x4 hair cut)
4. Manner of walking- every policeman is
expected to walk with pride and dignity.
5. To be added is the maintenance of 34 inches
waistlines, for the purpose of seeing policemen
neat and trim in their uniforms.
OTHER POLICE CUSTOMS
1. Courtesy of the Post- the host unit extends
hospitality to visiting personnel who may respect
the command or unit.
2. Rank Has-Its-Own Privilege (RHIP)-members
recognize the practice that different rank carry
with them corresponding privileges.
3. Visiting the Sick
4. Survivor Assistance to Heirs of Deceased
Members
5. Visiting the Religious Leaders
6. Athletics
7. Happy Hours – PNP members gather together
at their PNP club for a light-hearted jesting or
airing of minor gripes.
POLICE TRADITIONS
1. Spiritual Beliefs
2. Valor- Filipino law-enforcers have exemplified
the tradition of valor in defending the country from
aggression and oppression. They sacrificed their
lives and limbs for the sake of their countrymen
whom they have pledged to serve.
3. Patriotism- they manifest their love of country
with pledge of allegiance to the flag and a vow to
defend the Constitution.
4. Discipline- it is manifested by instinctive
obedience to lawful orders and through
spontaneous actions towards attainment of
organizational objectives guided by moral, ethical
and legal norms.
5.Gentlemanliness – policeman is bright in
character, polite in manner, dignified in
appearance and sincere in his concern to his
fellowmen.
6. Word of Honor – a policeman’s word is his
bond. He stands by it and commit to uphold it.
7. Duty- the PNP members as dedicated public
servants who perform their tasks with a deep
sense of responsibility and self sacrifice.
8.Loyalty- policemen are traditionally loyal to the
organization, country and people as borne by
history and practice.
9. Camaraderie- the binding spirit that enhances
teamwork and cooperation in the police
organization.
CORRUPT POLICE UNIT
The five categories of officers who could possibly
exist in a corrupt police officer or unit.
1. White Knights- These policemen are
straightforward fellow.
2. Straight Shooters- These are honest policemen
who are ready to hide the corrupt practices of
their comrades as part of camaraderie.
3. Grass Eaters or Vegetarian Cops –are police
officers who engage in relatively minor type of
corruption opportunities as they present
themselves.
4. Meat Eaters or Carnivorous Cops- are police
officers who actively seek out corruption
opportunities and engaged in both minor and
major patterns of corruption.
5. Rogues – are policemen who are considered
having all the deviant behaviors of a corrupt
policemen.
POLICE MISCONDUCT
Brutality- refers to unnecessary and unreasonable
use of force in effecting arrest or abuse in the
manner of conducting search and seizure.
Sexual Misconduct – is commonly committed by
policeman who sexually molested female or male
clients who have transaction with the police office.
Police Lying –
1. Accepted Lying- lying as a deceptive ploy is
allowed and is advisable.
2. Tolerated Lying –are those that are recognized
as lies but tolerated as necessary to explain
inadequacy or inefficiency of the police
organization.
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
3. Deviant Lying- this involves lies that violate
substantive or procedural laws and police office
rules and regulations.
R.A. 6713- Code of Ethics for Government
Officials and Employees
Sec. 4. Norms of Conduct of Public Officials
and Employees.
Every public official and employee shall observe
the following as standards of personal conduct in
the discharge and execution of official duties:
(a) Commitment to public interest -
Public officials and employees shall always
uphold the public interest over and above
personal interest.
(b) Professionalism - Public officials and
employees shall perform and discharge their
duties with the highest degree of excellence,
professionalism, intelligence and skill.
(c) Justness and sincerity - Public
officials and employees shall remain true to the
people at all times. They must act with justness
and sincerity and shall not discriminate against
anyone, especially the poor and the
underprivileged.
(d) Political neutrality - Public officials
and employees shall provide service to everyone
without unfair discrimination and regardless of
party affiliation or preference.
(e) Responsiveness to the public -
Public officials and employees shall extend
prompt, courteous, and adequate service to the
public.
(f) Nationalism and patriotism - Public
officials and employees shall at all times be loyal
to the Republic and to the Filipino people,
promote the use of locally produced goods,
resources and technology and encourage
appreciation and pride of country and people..
(i) Commitment to democracy - Public
officials and employees shall commit themselves
to the democratic way of life and values, maintain
the principle of public accountability, and manifest
by deeds the supremacy of civilian authority over
the military. They shall at all times uphold the
Constitution and put loyalty to country above
loyalty to persons or party.
(h) Simple living - Public officials and
employees and their families shall lead modest
lives appropriate to their positions and income.

Recommend any person to any position in a
private enterprise, which has a regular, or
pending official transaction with their office. These
prohibitions shall continue to apply for a period of
one (1) year after resignation, retirement, or
separation from public office, except in the case
of subparagraph (b) (2) above, but the
professional concerned cannot practice his
profession in connection with any matter before
the office he used to be with, in which case the
one-year prohibition shall likewise apply.
Disclosure and/or misuse of confidential
information. - Public officials and employees
shall not use or divulge, confidential or classified
information officially known to them by reason of
their office and not made available to the public,
either:
To further their private interests, or give
undue advantage to anyone; or
To prejudice the public interest.
d) Solicitation or acceptance of gifts. - Public
officials and employees shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value
from any person in the course of their official
duties or in connection with any operation being
regulated by, or any transaction which may be
affected by the functions of their office.
As to gifts or grants from foreign
governments, the Congress consents to:
The acceptance and retention by a public
official or employee of a gift of nominal value
tendered and received as a souvenir or mark of
courtesy;
The acceptance by a public official or
employee of a gift in the nature of a scholarship or
fellowship grant or medical treatment; or
The acceptance by a public official or
employee of travel grants or expenses for travel
taking place entirely outside the Philippine (such
as allowances, transportation, food, and lodging)
of more than nominal value if such acceptance is
appropriate or consistent with the interests of the
Philippines, and permitted by the head of office,
branch or agency to which he belongs.
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
Sec. 8. Statements and Disclosure.
Public officials and employees have an obligation
to accomplish and submit declarations under oath
of, and the public has the right to know, their
assets, liabilities, net worth and financial and
business interests including those of their
spouses and of unmarried children under
eighteen (18) years of age living in their
households.
(A) Statements of Assets and Liabilities
and Financial Disclosure. Sec. 8. Statements and
Disclosure.
(B) Identification and disclosure of
relatives
CHAPTER 10
Rights and Duties
Man is born with rights and duties. Having
rights is an attribute of a person.
There is too much talk about rights. We
even have a Commission on Human Rights.
Some suspect that duties are not given the same
emphasis. We insist on our rights but ignore our
duties. Duties however are more fundamental
than rights. The duty to do well and to avoid evil is
above all rights.
Notion of Right
Right, objectively taken, is anything which
is owed or due. Taken subjectively, that is, as
residing in a person, right is a moral power, bound
to be respected by others, of doing, possessing,
or requiring something.
Right is founded upon law, either law or
human positive law. But because all laws are
derived ultimately from the Eternal Law, then
rights are founded on eternal law.
Kinds of Rights
1. Natural Rights are those based
on the natural law, that is, on human nature.
Examples of natural rights are: the right to live,
the right to education, the right to work.
2. Human Rights are those based on
human positive laws, either those enacted by the
State or a religious sect. Civil rights are those
dependent upon the laws of the State.
Ecclesiastical or religious rights are those
dependent upon the laws of a church or religious
sect. Examples of human rights are: the rights to
form associations, the right to legal due process,
and the right to travel. Examples of religious rights
are: the right to worship, the right to marry within
one’s church, and the right to be educated in the
faith.
3. Alienable and Inalienable Rights.
Alienable rights are those, civil or religious rights,
which can surrendered, renounced, or removed,
such as the right to travel. Inalienable rights are
those that cannot be surrendered, renounced, or
removed, such as the right to decent livelihood.
4. Right of Jurisdiction is the power
of lawful authority to govern his subjects and to
make laws for them. A father has the right of
jurisdiction over his children.
5. Right of Property is the power to
own, to sell, to barter, to lend, to change, or give
away one’s personal possessions. The farmer
has property rights to the land he owns and the
produce thereof.
6. Juridical Rights refer to all rights
insofar as they are based on law. These rights
must be respected, allowed, fulfilled, as a matter
of strict justice. Non-juridical are those that are
not founded on laws, either natural or human, but
in virtue. Thus, these are also called moral rights.
The right of a hungry beggar to be fed is a moral
right, or non-juridical.
Characteristics of Rights
1. Coaction is the power inherent in
rights to prevent their violation and to exact
redress for their unjust violation. Under normal
circumstance, coactions are exercised through
the process of law, where a person whose right
has been violated may sue in court. Under
extraordinary situations, the person himself who’s
right is endangered, such as in that situation
which warrants self-defense against unjust
aggression may enforce coactions.
2. Limitation is the natural limits or
boundary beyond which a right may not be
insisted without violating the rights of another.
One may not play his radio in a way that would
disturb the right of another who wants to sleep.
3. Collision is the conflict of two
rights so related that it is not possible to exercise
one without violating another. According to Paul
Glenn, conflict of rights is only apparent since
laws on which rights are founded cannot be
contradictory. But such conflict is bound to occur
as in the case of the Church claiming the right to
teach the faithful against the evil of contraception
and the claim of the State for the right to regulate
population.
If indeed such conflict is to be
resolved, the right that prevails is that which (1)
belongs to the more universal order; or (2) is
concerned with a graver matter; or (3) is founded
upon the stronger title or claim.
To illustrate: (1) The right of
government to peace and security takes
precedence over the right of citizens to travel; (2)
The right of a person to receive medical attention
takes precedence over the right of the physician
to his free; and (3) The right of a natural parent to
keep his child takes precedence over the claim of
a guardian.
Subject Rights
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
Rights are vested on persons, who may
either be an individual or a juridical person. An
individual is every human being while a juridical
person is any legal entity or association of men,
such as corporations, clubs, fraternities, and
unions.
Animals do not have rights. But they
should be cared for and should not subjected to
cruelty or unnecessary harm. Cruelty to animals is
not in accord with the dictates of reason. Thus, it
may be said that lover creatures have non-
juridical rights.
The “Bill of Rights”
The Bill of Rights is a list of rights
pertaining to persons. These rights are
recognized, guaranteed, and protected against
invasion, reduction, or destruction.
“The bill rights id premised on the belief in
the dignity of man and the intrinsic worth of
human life. The powerful idea of human dignity,
taught by great ethical teachers from Confucius of
Christ and Kant, received a tremendous boost
from the democratic ideal of equality, Human
dignity and equality led to the recognition of
inherent and inalienable rights of the person,
beyond the reach of even the most benevolent,
not to say, the most tyrannical powers of
government”.
Article III of the 1987 Constitution provides
for the Bill of Rights as follows:
Section 1. No person shall be deprived of
life, liberty, or property without due process of
law, nor shall any person be denied the equal
protection of the laws.
Section 2. The right of the people to be
secure in their persons, houses, papers, and
effect against unreasonable searchers and
seizures of whatever nature and for any purpose
shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable
cause to be determined personally by the judge
after examination under oath or affirmation of the
complainant and the witnesses he may produce,
and particularly describing the place to be
searched and the persons or things to be seized.
Section 3. (1) The privacy of
communication and correspondence shall be
inviolable except upon lawful order of the court, or
when public safety or order required otherwise as
prescribed by law.
(2) Any evidence obtained in violation of
this or the preceding section shall be inadmissible
for any purpose in any proceeding.
Section 4. No law shall be passed
abridging the freedom of speech, of expression,
or of the press, or the right of the people
peacefully to assemble and petition the
government for redness or grievances.
Section 5. No law shall be made
respecting an establishment of religion, or
prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession
and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
Section 6. The liberty of abode and of
changing the same within the limits prescribed by
law shall not be impaired except upon lawful order
of the court. Neither shall the right to travel be
impaired except in the interest of national
security, public safety, or public health, as may be
provided by law.
Section 7. The right of the people to
information on matters of public concern shall be
recognized. Access to official records, and to
documents, and papers pertaining to official acts,
transactions, or decisions, as well as to
government research data used as basis for
policy development, shall be afforded the citizens,
subject to such limitations as may be provided by
the law.
Section 8. The right of the people,
including those employed in public and private
sectors, to form unions, associations, or societies
for purposes not contrary to law shall not be
abridged.
Section 9. Private property shall not be
taken for public use without just compensation.
Section 10. No law impairing the
obligation of contracts shall be passed.
Section 11. Free access to the courts and
quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by
reason and poverty.
Section 12. (1) Any person under
investigation for the commission of an offense
shall have the right to be informed of his right to
remain silent and to have competent and
independent counsel preferable of his own
choice. If the person cannot afford the services of
counsel, he must be provided with one. These
rights cannot be waived except in writing and in
the presence of counsel.
(2) No torture, force, violence, threat,
intimidation, or any other means which vitiate the
free will shall be used against him. Secret
detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
(3) Any confession or admission obtained
in violation of this or Section17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and
civil sanctions for violations of this section as well
as compensation to and rehabilitation of victims of
torture or similar practices, and their families.
Section 13. All person, except those
charged with offenses punishable by reclusion
perpetua when evidence of guilt of strong, shall,
before conviction, be bailable by sufficient
sureties, or be released on recognizance as may
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
be provided by law. The right to bail shall not be
impaired even when the privilege of the write of
habeas corpus is suspended. Excessive bail shall
not be required. Section 14. (1) No person
shall be held to answer for a criminal offense
without due process of law.
(2) In all criminal prosecution, the accused
shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the nature
and cause of the accusation against him, to have
a speedy, impartial, and public trial, to meet
witnesses face to face, and to have compulsory
process to secure the attendance of witnesses
and the production of evidence in his behalf.
However, after arraignment, trial may proceed
notwithstanding the absence of the accused
provided that he has been duly notified and his
failure to appear is unjustifiable.
Section 15. The privilege of the write of
habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public
safety requires it.
Section 16. All persons shall have the
right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled
to be a witness against himself.
Section 18. (1) No person shall be
detained solely by reason of his political beliefs
and aspirations.
(2) No involuntary servitude in any form
shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not
be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty
be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed
shall be reduced to reclusion perpetua.
(2) The employment of physical,
psychological, or degrading punishment against
any prisoner or detainee or the use of
substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.
Section 20. No person shall be
imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put
in jeopardy of punishment for the same offense. If
an act if published by a law and an ordinance,
conviction or acquittal under either shall constitute
a bar to another prosecution for the same act.
Section 22. No ex post facto law or bill of
attainder shall be enacted.
Civil and Political Rights
 The Bill of Rights includes the civil and
political rights of the people.
1. Civil Rights are those which an
individual enjoys in his private activities, or in his
transactions with others, as protected and granted
by law. These include the right to privacy, the
right to travel or change residence, the right to
property, the right to worship, and the right to free
access to a court of justice. Civil rights are
enjoyed by citizens and non-citizens alike.
2. Political Rights are those which an
individual enjoys in participation in government
affairs. These include the right to free speech and
free press, the right to form associations, the right
to assemble and to petition the government for
redress of grievances, the right to vote and be
voted upon to public office. Political rights are
enjoyed only by the citizen of each particular
country.
Civil and political rights are what we call
human rights. But in this widest sense human
rights include those pertaining to the dignity of the
person such as, integrity, liberty, education,
health, work and welfare.
The Meaning of Human Rights Today
Human rights are more than just the sum
of our political and civil rights. Included as human
rights are our economic, social and cultural rights.
The Philippines is a signatory to be
International Covenant on Economic, Social and
Cultural Rights of the United National General
Assembly. The Covenant call on all signatory
States to recognize and guarantee the basic
social, economic, and cultural rights of any
person.
Among other things, the Covenant
guarantees the right to work, including the right to
just and favorable conditions of work, to fair
wages, and the right to freely form and join trade
unions. It guarantees the right to social security,
the right to an adequate standard of living, the
right to be free from hunger and the right to enjoy
the highest attainable standard of physical and
mental health. It guarantees the right to
education, the right to take part in cultural life and
the right to enjoy the benefits of scientific
progress.
Above all, the Covenant guarantees, as a
collective right of a people, the right to self-
determination, which is the right to freely
determine their political status and freely pursue
their economic, social and cultural development.
Renato Constantino declares:
“Economic, social and cultural rights are
as important as political and civil rights. For
freedom from detention, torture and other forms of
political repression will be meaningless. In same
way, freedom social and economic inequities
would be in vain without the right to participate in
determination of the direction of society.
Notion of Duty
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
Duty, taken objectively, is anything we are
obliged to do or to omit. Taken subjectively, is a
moral obligation incumbent upon a person of
doing, omitting, or avoiding something.
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Duty is a moral obligation because it
depends upon freewill. As such, it resides on a
person. And because duty is defined by law, any
willful neglect of duty makes the person
accountable for such act.
Correlation of Right and Duty
Rights and duties are inseparable. They
are correlative in a given person. One who has
right to something has the duty to act consistent
with that right. If a person has the right to life, he
is duty bound to look for the means that would
sustain that life. Pope John XXII cite that “the right
of every person to life is correlative with the duty
to preserve it; his right to a decent standard of
living with the duty of living it becomingly; and his
right to investigate the truth freely, with the duty of
seeking it and of possessing it ever more
completely and profoundly.
A prevailing error of our time is that we
impose upon others to respect our rights while we
ourselves do very little about our duty to act
consistent with such rights. For instance, we claim
the right to freedom of expression or speech
without fulfilling the prior duty of investigating the
truth of what we are going to speak.
Reciprocity of Rights and Duties
In interpersonal relationship, rights and
duties are reciprocal. The right of one people
implies in all others the duty to respect that right.
Thus, the right of Pedro to life entails on all other
persons or agencies the duty not to do him harm
and to help him instead fulfill such right.
All laws are expressive of duties. The
Decalogue “Thou shall not steal” points out what
action to omit in relation to the property right of
another. Laws insofar as they are directives for
acting serve as guide for people to fulfill their
duties. In the observance of the law, we recognize
and respect the rights of another.
The reciprocity of rights and duties
imposes the same privilege and burden on all
men. Thus, “those, who claim their rights, yet
altogether forget or neglect to carry out their
respective duties, are people who build with one
hand and destroy with the other” (John XXIII: 9).
Kinds of Duties
1. Natural Duties are those imposed by
natural law such as, the duty to care for our
health.
2. Positive Duties are those imposed by
a human positive law such as, the duty to pay
taxes and to observe traffic rules.
3. Affirmative duties are those which
require the performance of a certain act, such as
casting a ballot during elections; or, applying for a
business license. Negative duties are those
which require the omission of a certain act, such
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as not carrying illegal firearms, or not destroying
the property of another.
Exemption From Duty
Duties are to be fulfilled unless
compliance is prevented by a strong and just
reason. A student has to attend his classes
unless sickness prevents him doing so. A driver
must observe the speed limit unless he is rushing
a dying person to a hospital.
While the person concerned has to decide
for himself when he may claim exemption, such
claim should never be arbitrary or whimsical. To
guide us in our decisions on the matter, some
general principles are proposed.
1. Negative duties arising from
negative natural admit no exemption. Negative
duties are those that require the omission of an
evil act. When such evil act to be omitted is
intrinsically evil, nobody can morally claim
exemption. Accordingly, there is no excuse for
committing murder, stealing, rape, or adultery.
2. Affirmative duties arising precepts
of natural law admit exemptions when the act
is rendered impossible under certain
circumstances or would involve excessive
hardships on the person.
Affirmative duties do not bind unless the
circumstances for them present themselves. The
duty to feed the hungry binds only when a person
is in the position to offer the required assistance
in whatever form. Thus, he who is himself
destitute is not bound to help the needy. In this
case, compliance with duty becomes impossible
to carry out.
Again, the duty to preserve human life
becomes an affirmative duty when it becomes a
question of providing expensive medical care to a
person whose family does not have the financial
resources. An excessive hardship is involved in
the duty if the family were to borrow money and
render itself destitute because of it.
3. Ordinary hardship which come
along with the performance of a duty do not
exempt one from complying with such duty.
All duties involve certain degree of
difficulties, trials and sacrifices on the part of the
person bound by them. Such common hardships
do not offer an excuse for neglect of duty. Thus,
the student who finds it very difficult to get a ride
to and from the school is not exempted from
attending his classes. The security guard who
finds it hard to stay awake during night shift not
justified to fall asleep on duty.
Conflict of Duties
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
It happens sometimes that a person is
confronted with several duties, which must be
complied with at the time. In this situation, a
person must learn how to
-8-
prioritize his duties. The following guidelines will
be useful:
1. Duties towards God must be given
priority over those towards men. Theoretically,
one should rather be worshipping in his church
rather than attending a social meeting of, say, a
sports club. “Theoretically”, we say, because in
practice it is possible to arrange one’s schedule of
activities so that both obligations are met.
2. Duties that secure public order or
common good have priority over those that
safeguard the individual. The need to obey traffic
rules is prior to one’s personal convenience.
3. Duties towards family and relatives
take precedence over those towards strangers.
Except in cases nepotism, the needs of family
and friends have greater claim to our services and
generosity. Thus, a father should provide for the
food and shelter of his family before he thinks of
providing for the vices of his barkada.
4. Duties of greater importance take
precedence over those of lesser importance. The
preservation of one’s honor is more important
than material profit.
5. Duties based on higher laws take
precedence over those coming from lower laws.
Condemning divorce on the basis of natural law is
better than subscribing to it on the basis of human
positive law.
JUVENILE DELINQUENCY AND CRIME
PREVENTION
JUVENILE DELINQUENCY
- an anti-social behavior or act which
does not conform with the standards of
society
- youth behavior which is against the
norms and regulations of society which
if left unchecked would give rise to
criminality
- describes a large number of
disapproved behavior of children or
youth
- anti-social acts or behavior of children
which deviate from the normal pattern
of rules and regulations, custom and
culture which society does not accept
and which therefore justify some kind
of admonition, punishment or
corrective measures in the public
interest
JUVENILE
- a child or a young person, who, under
the legal system may be dealt with for
 an offense in a manner different from
that of an adult
- persons below the age of majority, that
is, below eighteen years old
AGE OF MAJORITY
- majority commences at the age of
eighteen (18) years
EMANCIPATION
- freedom from parental authority, both
over his person and property
- happens upon reaching the age of
eighteen years
RA 6809
- the law amending the age of majority
- lowered the age of majority from
twenty-one (21) to eighteen (18) years
- approved on 13 December 1989
DELINQUENT
- one whose behavior has brought him
into repeated conflict with the law
regardless whether he has been taken
before a court and adjudged a
delinquent
- one who has committed an offense
that violated the approved norms of
conduct and is guilty of a misdeed
STATUS OFFENSE
- certain acts or omissions which may
not be punishable socially or legally if
committed by adults but become anti-
social or illegal because the offender is
a minor, such as:
a) truancy, or frequent, unreasonable
absenteeism from school
b) use of profane language
c) running away from home
d) smoking and drinking alcoholic
beverages
e) disobedience to parents, guardians
or school officials
f) mendicancy or begging in the
streets
g) association with delinquent gangs
THREE TYPES OF DELIQUENCY
1) ENVIRONMENTAL DELINQUENTS
- characterized by occasional law-
breaking
2) EMOTIONALLY MALADJUSTED
DELINQUENTS
- characterized by chronic law-breaking,
a habit which this type cannot avoid or
escape from
3) PSYCHIATRIC DELINQUENTS
- characterized by serious emotional
disturbances within the individual and
in some cases associated with
tendencies towards mental illness
TYPES OF DELINQUENT YOUTH
1) SOCIAL
- an aggressive youth who resents
authority of anyone who makes an
effort to control his behavior
2) NEUROTIC
- one who has internalized his conflicts
and is preoccupied with his own
feelings
3) ASOCIAL
- one whose delinquent acts have a
cold, brutal and vicious quality for
which the youth feels no remorse
4) ACCIDENTAL
- one who is essentially sociable and
law-abiding but happens to be at the
wrong time and place and becomes
involved in delinquent acts not typical
of his general behavior
DIFFERENT APPROACHES IN THE STUDY OF
DELINQUENCY
1) BIOGENIC APPROACH
- gives an explanation that law violations
and delinquency are a result of some
physical defects

ANTI-SOCIAL BEHAVIOR 2) PSYCHOGENIC APPROACH

- characterized by disobedience to, or
disrespect for, authorities
PARENS PATRIAE (“father of the country”)
- the doctrine that does not consider
delinquent acts as criminal violation,
thus making delinquents non-criminal
persons and cannot be found guilty of
a crime and punished like an adult
criminal
- views minor who violate the laws as
victims of improper care, custody and
treatment at home
- assumption by the State of the role of
guardian over children whose parents
are deemed incapable or unworthy
- the authority of the state to act on
behalf of the children
- argues that the critical factors in
delinquency are personality problems
to which misbehavior is presumed to
be the response
3) SOCIOGENIC APPROACH
- attributes delinquency pattern to social
structures
- views youthful misdeed as a result of a
learning process through interactions
with other members of society
DIFFERENT THEORIES CONCERNING
DELINQUENCY
CHOICE THEORY
- based on the classical school of
criminology that views an individual as
having free will in choosing his actions

Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
 and that he calculates what he will
gain or lose if he commits an act
- views the delinquent as a motivated
offender who breaks the law because
he or she perceives an abundance of
benefits and an absence of threat
BIOSOCIAL OR TRAIT THEORIES
- based on the view that both thought
and behavior have biological and
social bases
- contemporary explanation of the
biogenic approach
- has three sub-theories: biochemical,
neurological and genetics
1) BIOCHEMICAL
- views that crime and delinquency,
especially violence, are the result of
diet, vitamin intake, hormonal
imbalance and other biological causes
2) NEUROLOGICAL
- explains that crime and delinquency
occur because the individual suffers
from brain impairment or abnormality
in the structure of the brain
- learning disabilities such as attention
deficit/hyperactive disorder and
minimum brain dysfunction are related
to antisocial behavior
3) GENETIC
- explains that delinquent traits and
predisposition to criminality are
inherited from parents
- criminality of parents can predict
delinquency of children
- supported by research on twin studies
and adoption studies
PSYCHOLOGICAL THEORIES
- views delinquency as a result of
emotional and mental disturbance of
the individual
- contemporary explanation of the
psychogenic approach
- has three sub-theories:
psychodynamic, behavioral and
cognitive
1) PSYCHODYNAMIC THEORY
- based on the psychoanalytic theory of
Sigmund Freud
- delinquency is the result of the
imbalance of the three components of
personality: id, ego and superego
- delinquency is the product of the
abnormal personality structure formed
in early life and which thereafter
controls human behavior choices
2) BEHAVIORAL THEORY
- believes that individuals learn by
observing how people react to their
behavior
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
- behavior is reinforced by some positive
reaction, and behavior is extinguished
if punished
- misbehavior of children if left
unchecked will persist until
adolescence
3) COGNITIVE THEORY
- views that delinquency is a result of
the faulty perception and analysis of
data of an individual
- believes that when an individual make
decisions, he engages in a sequence
of cognitive thought processes:
1) he first encodes the information so
that it can be interpreted;
2) then, he searches for a proper
response and decide upon the
most appropriate action;
3) finally, he acts on his decision
- delinquency-prone adolescents may
have cognitive deficits and use
information incorrectly when they
make decisions
SOCIOLOGICAL THEORIES
- views delinquency as a product of the
different social factors and dynamics
- has four groups of theories which in
turn contain several sub-theories:
social structure theories, social
process theories, social reaction
theories and social conflict theories
1) SOCIAL STRUCTURE THEORIES
- hold that delinquency is a function of a
person’s place in the economic
structure
2) SOCIAL PROCESS THEORIES
- view delinquency as a result of poor or
faulty socialization or upbringing
3) SOCIAL REACTION THEORIES
- view delinquent acts and criminality as
products of stigma and labeling
4) SOCIAL CONTROL THEORIES
- maintain that everyone has the
potential to become a criminal but
most people are controlled by their
bonds to society
CONTRIBUTORY FACTORS IN JUVENILE
DELINQUENCY
1) FAMILY
- the first and most basic institution of
society responsible for developing a
child’s potential in all its aspects like
physical, emotional, spiritual, moral,
intellectual and social
- molds the child to learn to curb his desires
and to accept rules that define the time,
place and circumstances under which
highly personal needs may be satisfied in
socially acceptable ways
 TYPES OF FAMILY STRUCTURE: f) failure to actually finish school,
1) NUCLEAR FAMILY resulting to being out-of-school
- consists of father, mother youths with a lot of time to
and children waste and do unproductive
2) EXTENDED FAMILY activities
- consists of father, mother, g) failure to get gainful
children, grandparents, employment due to lack of
uncles and aunts, cousins, sufficient education
nephews and niences, and
in-laws 3) ENVIRONMENT
- the culture, norms and behavior of the
child’s surroundings may very well
Ideally, a home must have the following: influence the upbringing of the child
a) structural completeness especially during their formative years and
- presence of both father and such misbehavior learned is likely to be
mother carried on until the child’s maturity
b) economic security
- capability to provide for the Some of the behavior modification
basic needs and wants by means of imitation as brought about by
c) cultural conformity environmental influence:
- typical family beliefs and a) rampant drug addiction
practices b) vices such as gambling and
d) moral conformity drinking alcoholic beverages
- moral uprightness, c) association with criminal groups or
Christian way of living gangs
e) physical and psychological d) too much exposure to sex and
normalcy violence in movies, television, print
f) emotional adequacy and internet
- affection, support, love and
care between faulty HISTORY OF JUVENILE JUSTICE
members
The modern practice of legally separating
Factors in the home life that may cause adult and juvenile offenders can be traced back to
delinquency: two developments in English custom and law that
a) faulty development of the child occurred centuries ago: the development of
b) lack of parental guidance POOR LAWS and the creation of the English
c) parental rejection CHANCERY COURTS. Both were designed to
d) broken homes allow the state to take control of the lives of needy
e) lack of love but not necessarily criminal children. This system
f) unfair treatment was brought to the United States where it was
g) too harsh discipline by either or developed further until later it became the basis of
both parents the juvenile justice system in the Philippines.
h) too much leniency by either or both
parents
i) unfavorable parental example

2) SCHOOL ENGLISH SYSTEM

- considered the second home of a child,
with teachers as the second parents
- institution responsible for the training of
young person’s intellectual, moral, as well
as social skills which they need for them to
grow up as productive, law-abiding and
responsible citizens
Instances of deviant conduct
attributed to school inadequacy:
a) failure of teachers to detect and
address problems of children
and report such problems to
the parents
b) poor academic atmosphere
c) membership in school gangs or
development of friendships with
the wrong crowd
d) lack of facilities for curricular
and extra-curricular activities
e) failure of teachers in character
development of the students
POOR LAWS
- in 1535, statutes which mandated the
appointed of overseers who placed
destitute or neglected children with
families who then trained them in
agricultural, trade or domestic
services; this practice is called
indenture
- in 1601, a system was created wherein
church workers with the consent of
justice of the peace identified vagrant,
delinquent and neglected children and
took measures to put them to work;
these children were placed in
workhouses until their adulthood
CHANCERY COURTS
- protected the property rights and
welfare of minor children who could
not care for themselves

Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
 - the courts dealt with issues of
guardianship and the use and control
of property
- the courts operated under the parens
patriae philosophy which held that
children were under the protective
control of the state
AMERICAN SYSTEM
- the practice of indenture and chancery
courts in England were adopted by the
states of Virginia, Connecticut and
Massachusetts, however, those youths
who committed serious criminal
offenses continued to be tried in the
same courts as adults
- middle-class civic leaders, who
referred to themselves as CHILD
SAVERS began to develop
organizations and groups to help
alleviate the burdens of the poor and
immigrants by sponsoring shelter care
for youths, educational and social
activities and the development of
settlement houses; this was called the
CHILD SAVING MOVEMENT
- they are responsible for creating a
number of programs for indigent
youths, including the New York House
of Refuge, a reformatory, which began
operations in 1825
- the House of Refuge was created to
protect indigent youths who were at
risk to crime by taking them off the
streets and reforming them in a family-
like environment
- the first comprehensive juvenile court
was established in Illinois in 1899
through the passage of the Illinois
Juvenile Court Act of 1899 which set
up an independent court to handle
criminal law violations by children
under sixteen (16) years of age, as
well as to care for neglected,
dependent, and wayward youths
- the purpose of the act was to separate
juveniles from adult offenders and
provide a legal framework in which
juveniles could get adequate care and
custody
- Congress passed the Juvenile
Justice and Delinquency Prevention
Act of 1974 to identify the needs of
youths and to fund programs in the
juvenile justice system
- its main goal was to separate
wayward, non-dangerous youths from
institutions housing delinquents and to
remove adolescents from institutions
housing adult offenders
JUVENILE COURT
- a court that has original jurisdiction
over persons defined by statute as
juveniles and alleged to be delinquents
or status offenders
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
DEVELOPMENT OF JUVENILE JUSTICE IN
THE PHILIPPINES
1) PD 603 – Child and Youth Welfare Code
2) Ra 7610 – Anti-Child Abuse Law
3) RA 6809 – law amending the age of
majority
4) RA 8552 AND RA 8043 – laws on
adoption
5) RA 9208 – Anti-Trafficking in Persons Act
6) RA 9231 – law amending RA 7610 on
working children
7) RA 9255 – law on the use of father’s
surname of
illegitimate children
8) RA 9262 – Anti-Violence Against Women
and their Children
9) RA 9523 – law amending the laws on
adoption
10) RA 9344 - Juvenile Justice and Welfare
Act
11) RA 9775 – Anti-Child Pornography Act
IMPORTANT PROVISIONS OF PD 603
PD 603 – THE CHILD AND YOUTH WELFARE
CODE
- approved on 10 December 1974
- effectivity date is 10 June 1975 (six
months after approval)
- shall apply to persons under eighteen
(18) years of age
PARENTAL AUTHORITY (PATRIA POTESTAS)
- the sum total of the rights of the
parents over the person and property
of their child
- the exercise of which has no
distinction between a legitimate and an
illegitimate child
- the father and the mother shall
exercise jointly just and reasonable
parental authority and responsibility
over their legitimate or adopted
children
- in case of death of either parent, the
surviving parent shall exercise sole
parental authority
- in case of disagreement, the father’s
decision shall prevail unless there is a
judicial order to the contrary
PARENTAL RESPONSIBILITY
- the sum total of the duties and
obligations of parents over their minor
children
LIABILITIES OF PARENTS
- parents and guardians are responsible
for the damage or injury caused by the
child under their parental authority
LEGAL CUSTODY
- in case of separation of parents, no
child under SEVEN (7) YEARS OF
AGE shall be separated from his
mother unless the court decides
otherwise
GUARDIANSHIP
- a trust relation of the most sacred
character, in which one person, called
a guardian, acts for another, called a
ward, regarded as incapable of
managing his own affairs
SUBSTITUTE PARENTAL AUTHORITY
- in case of absence or death of both
parents, substitute parental authority
shall be given to the following, in order
of priority:
1) grandparents
2) oldest brother or sister at least
21 years of age
3) relative who has actual custody
of the child/guardian duly
appointed by the court
COMMENCEMENT OF CIVIL PERSONALITY
- the CIVIL PERSONALITY of the child
shall commence from the MOMENT
OF CONCEPTION
CONCEPTION
- the start of life
- the union of the sperm cell and the egg
cell
- also called the process of fertilization
CIVIL PERSONALITY
- pertains to the identity and recognition
of an individual as person having rights
- shall commence from the moment of
conception, thus all children shall have
the right to be born and the right to live
ABORTION
- the expulsion of the fetus from the
mother’s womb
KINDS OF ABORTION
1) CRIMINAL ABORTION
- classified as intentional
unintentional as provided by the
Revised Penal Code
- punishable by law
2) THERAPEUTIC ABORTION
- recommended and performed by a
certified physician when there are
health risks and complications
- not punishable by law
CATEGORIES OF CHILDREN
1) DEPENDENT
- one who is without a parent, guardian
or custodian, or whose parents,
guardian or other custodian for good
cause desire to be relieved of his care
and custody and is dependent upon
the public for support
2) ABANDONED
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
- one who had no proper parental care
or guardianship or whose parents or
guardians have deserted him for a
period of at least six consecutive
months (PD 603)
- refers to a child who has no proper
parental care or guardianship, or
whose parents have deserted him or
her for a period of at least three (3)
continuous months (RA 9523
3) NEGLECTED
- one whose basic needs have been
deliberately unattended or
inadequately attended
- a child is unattended when left by
himself without provision for his needs
and without proper supervision
- neglect may occur in two ways:
a) physical neglect
o Malnourishment, untidy and
damaged clothing, no shelter
b) emotional neglect
o maltreated, raped, seduced,
abused, exploited, made to work
under conditions not conducive to
good health or placed in moral and
physical danger
4) MENTALLY-RETARDED
- socially incompetent, socially
inadequate, occupationally
incompetent and unable to manage
their own affairs
- mentally sub-normal
- retarded intellectually from birth or
early age
- retarded at maturity
- mentally deficient as a result of
constitutional origin through heredity or
disease
- essentially incurable
5) PHYSICALLY-HANDICAPPED
or - crippled, deaf-mute, blind and other
conditions which restrict their means of
action or communication with others
6) EMOTIONALLY-DISTURBED
- those who, although not afflicted with
insanity or mental defect, are unable to
maintain normal social relations with
others and the community in general
due to emotional problems or
complexes
- may be caused by traumatic
experiences
7) MENTALLY-ILL
- those with any behavioral disorder,
whether functional or organic, which is
of such a degree of severity as to
require professional help or
hospitalization
8) DISABLED
 - includes mentally-retarded, physically-
handicapped, emotionally-disturbed
and mentally-ill children
IMPORTANT PROVISIONS OF THE LAWS ON
ADOPTION
ADOPTION
- an act by which relations of paternity
and filiations are recognized as legally
existing between persons not so
related by nature
- the taking into one’s family of the child
of another, as son or daughter and
heir, and conferring on it a title to the
rights and privileges of such
FILIATION
- the acknowledgment of the father of
his relationship with the child
- also called paternity
BIOLOGICAL CHILD
- natural-born child of the parents
ADOPTED CHILD
- a child who underwent the judicial
process of adoption
FOUNDLING
- refers to a deserted or abandoned
infant or child whose parents, guardian
or relatives are unknown
RA 8552 – DOMESTIC ADOPTION ACT OF
1998
- approved on 25 February 1998
ADOPTER
- the person adopting or petitioning for
the adoption of a child
ADOPTEE
- the child or person being petitioned for
adoption
CHILD LEGALLY AVAILABLE FOR ADOPTION
- a child who has been voluntarily or
involuntarily committed to the DSWD
or to a duly licensed and accredited
child-placing or child-caring agency,
freed of the parental authority of his or
her biological parents or guardians or
adopter, in case of rescission
- refers to a child in whose favor a
certification was issued by the DSWD
that he or she is legally available for
adoption after the fact of abandonment
or neglect has been proven through
the submission of pertinent
documents, or one who was voluntarily
committed by his or her parents or
legal guardian (RA 9523)
VOLUNTARILY-COMMITTED CHILD
- one whose parents or legal guardian
knowingly and willingfully relinquished
parental authority to the DSWD or any
duly accredited child-placement or
child caring agency or institution
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
CHILD-CARING AGENCY OR INSTITUTION
- refers to a private non-profit or
government agency duly accredited by
the DSWD that provides twenty-four
(24) hour residential care services for
abandoned, neglected, or voluntarily
committed children (RA 9523)
CHILD-PLACING AGENCY OR INSTITUTION
- refers to a private non-profit institution
or government agency duly accredited
by the DSWD that receives and
processes applicants to become foster
or adoptive parents and facilitate
placement of children eligible for foster
care or adoption
WHO MAY ADOPT:
1) any Filipino citizen of legal age at least
sixteen (16) years older than the adoptee
unless the adopter is the biological parent
of the adoptee, or is the spouse of the
adoptee’s biological parent
2) any alien possessing the same
qualifications as that of a Filipino citizen,
who has been living in the Philippines for
at least three (3) consecutive years, and
whose country has diplomatic relations
with the Philippines
WHO MAY ADOPTED:
1) any person below eighteen (18) years of
age judicially declared available for
adoption
2) the legitimate son or daughter of one
spouse by the other spouse
3) an illegitimate son or daughter by a
qualified adopter to improve his or her
status to that of legitimacy
4) a person of legal age if prior to the
adoption, said person has been
consistently considered and treated by the
adopter as his or her own child since
minority
5) a child whose adoption has been
previously rescinded
6) a child whose biological or adoptive
parents has died, but proceedings may
only be initiated after six (6) months from
the time of the death of the parents
SUPERVISED TRIAL CUSTODY
- a period of time within which a social
worker oversees the adjustment and
emotional readiness of both adopter
and adoptee in stabilizing their filial
relationship
- the period is at least six (6) months
RESCISSION OF ADOPTION
- the nullification of the adoption
- adoption shall not be subject to
rescission by the adopter
GROUNDS FOR RESCISSION OF ADOPTION
 1) repeated physical and verbal maltreatment
by the adopter despite having undergone
counseling
2) attempt on the life of the adoptee
3) sexual assault or violence
4) abandonment and failure to comply with
parental obligations
RA 8043 – INTER-COUNTRY ADOPTION ACT
OF 1995
- approved on 7 June 1995
INTER-COUNTRY ADOPTION
- the socio-legal process of adopting a
Filipino child by a foreigner or a
Filipino citizen permanently residing
abroad where the petition is filed, the
supervised trial custody is undertaken
and the decree of adoption is issued
outside the Philippines
INTER-COUNTRY ADOPTION BOARD
- acts as the central authority in matters
relating to inter-country adoption
- shall act as the policy-making body for
purposes of carrying out the provisions
of RA 8043, in consultation and
coordination with the DSWD
- headed by the Secretary of the DSWD
as ex officio chairman and six (6)
members to be appointed by the
President, with a term of office of six
(6) years
WHO MAY ADOPT:
1) any alien or a Filipino citizen permanently
residing abroad
2) at least twenty-seven (27) years of age
3) at least sixteen (16) years older than the
adoptee unless the adopter is the parent
by nature of the adoptee or the spouse of
such parent
4) coming from a country with whom the
Philippines has diplomatic relations
5) possesses all the qualifications provided in
other applicable Philippine laws
WHERE TO FILE APPLICATION
- shall be filed either with:
a) the Philippine Regional Trial Court;
or
b) the Inter-Country Adoption Board,
through an intermediate agency in
the country of the prospective
adoptive parents
SUPERVISED TRIAL CUSTODY
- shall be at least six (6) months
IMPORTANT PROVISIONS OF RA 9523
RA 9523 – the law giving DSWD the sole
authority to issue the certification declaring a
child legally available for adoption
- amended provisions of RA 8552 and
RA 8043
- approved on 12 March 2009
IMPORTANT PROVISIONS OF RA 7610
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
RA 7610 – SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT
- approved on 17 June 1992
- this law is also commonly referred to
as the Anti-Child Abuse Act
RA 7658 – amendatory law to RA 7610
- approved on 9 November 1993
- this law amended the provisions of RA
7610 regarding working children
- this law was further amended by RA
9231
CHILD ABUSE
- refers to maltreatment, whether
habitual or not, of the child
FORMS OF CHILD ABUSE
1) CRUELTY – refers to any word or deed
which debases, degrades or demeans the
intrinsic worth and dignity of the child as
human being
2) PHYSICAL INJURY – includes but is not
limited to lacerations, fractured bones,
burns, internal injuries, severe injuries, or
serious bodily harm suffered by a child
3) PSYCHOLOGICAL INJURY – means
harm to a child’ psychological or
intellectual functioning which may be
exhibited by severe anxiety, depression,
withdrawal or outward aggressive
behavior
4) NEGLECT – means failure to provide, for
reasons other than poverty, the basic
needs of the child, such as food, clothing,
medical care, shelter and basic education
5) SEXUAL ABUSE – includes the
employment, use, inducement or coercion
of a child to engage in sexual intercourse
or lascivious conduct; the molestation,
prostitution and or incest with children
CHILD PROSTITUTION
- exploitation of children, whether male
or female, by coercing them into
indulging in sexual intercourse or
lascivious conduct for money, profit or
any other consideration
WHO ARE CRIMINALLY LIABLE FOR CHILD
PROSTITUTION:
1) those who engage in or promote, facilitate
or induce child prostitution, such as:
a) those acting as procurer of a child
prostitute
b) parents, guardians, or relatives who
knowingly allow or coerce their
children or ward into prostitution
2) those who commit the act of sexual
intercourse or lascivious conduct with a
child exploited in child prostitution, such
as:
a) clients of child prostitutes
3) those who derive profit or advantage there
from, such as:
 a) managers or owners of the
establishment where the prostitution
takes place
OBSCENE PUBLICATIONS AND INDECENT
SHOWS
- the use, hiring, employment and
coercing of children as performers,
actors or models for obscene
exhibitions and indecent shows,
whether live or in video, or in printed
pornographic materials
CHILDREN AS ZONES OF PEACE
- children shall not be the object of
attack in situations of armed conflict
- they shall be protected from any form
of threat, assault, torture or other cruel,
inhumane or degrading treatment
- children shall not be recruited to
become members of the Armed
Forces of the Philippines of its civilian
units, nor be allowed to take part in the
fighting, or used as guides, couriers or
spies
- children shall be given priority during
evacuation as a result of armed
conflict
IMPORTANT PROVISIONS OF RA 9208
RA 9208 – ANTI-TRAFFICKING IN PERSONS
ACT OF 2003
- approved on 26 May 2003
TRAFFICKING IN PERSONS
- the recruitment, transportation, transfer
or harboring, or receipt of persons with
or without the victim’s consent or
knowledge within or across national
borders by means of threat or use of
force, or other forms of coercion,
abduction, fraud, deception, abuse of
power or prostitution, taking advantage
of the vulnerability of the person, or
giving or receiving of payments or
benefits to achieve the consent of a
person having control over another
person for the purpose of exploitation
which includes at a minimum, the
exploitation or the prostitution of others
or other forms of sexual exploitation,
forced labor or services, slavery,
servitude or the removal or sale of
organs
- the recruitment, transportation,
transfer, harboring or receipt of a child
for the purpose of exploitation shall
also be considered as “trafficking in
person” even if it does not involve any
of the means set forth in the preceding
paragraph
QUALIFIED TRAFFICKING IN PERSON
1) When the trafficked person is a child;
2) When the adoption is effected through RA
8043 and said adoption is for the purpose
of prostitution, pornography, sexual
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
3) When the offender is an ascendant,
parent, sibling, guardian or a person who
exercised authority over the trafficked
person or when the offense is committed
by a public officer or employee
FORCED LABOR AND SLAVERY
- refers to the extraction of work or
services from any person by means of
enticement, violence, intimidation or
threat, use of force or coercion,
including deprivation of freedom,
abuse of authority or moral
ascendancy, debt-bondage or
deception
SEX TOURISM
- refers to a program organized by travel
and tourism related establishments
and individuals which consist of
tourism packages or activities, utilizing
and offering escort and sexual
services as enticement for tourists
PORNOGRAPHY
- refers to any representation, through
publication, exhibition,
cinematography, indecent shows,
information technology, or by whatever
means, of a person engaged in real or
simulated explicit sexual activities or
any representation of the sexual parts
of a person for primarily sexual
purposes
DEBT BONDAGE
- refers to pledging by the debtor of his
or her personal services or labor or
those of a person under his or her
control as security or payment for a
debt, when the length and nature of
services are not clearly defined or
when the value of the services as
reasonably assessed is not applied
toward the liquidation of debt
IMPORTANT PROVISIONS OF RA 9231
RA 9231 - the law prohibiting the
worst forms of child labor
- amendatory law to RA 7160 and RA
7658
- amended the provisions of RA 7160
regarding working children
- approved on 19 December 2003
Children below fifteen (15) years of age shall not
be employed, except:
1) When a child works directly under sole
responsibility of his parents or legal
guardian and where only members of the
employer’s family are employed
2) Where a child’s employment or
participation in public entertainment or
information through cinema, theatre, radio
or television is essential, with the approval
 of the Department of Labor and
Employment (DOLE)
- it is the duty of the employer to submit
to the DOLE a report of all children
employed by him
- if a domestic is under sixteen (16)
years of age, the head of the family
shall give him or her an opportunity to
complete at least elementary
education, the cost of which shall be a
part of the domestic’s compensation
WORK PERMIT OF WORKING CHILDREN
- it shall be the duty of the employer to
secure permit from the DOLE of
working children employed by him
EMPLOYMENT CONTRACT OF WORKING
CHILDREN
- the contract shall be signed by the
working child’s parent or legal
guardian, with the express agreement
of the child
WORKING HOURS
If the child is under 15:
- may work for maximum of four (4)
hours a day, twenty (20) hours a week
- may work between six o’clock in the
morning to eight o’clock in the evening
(6am to 8pm)
If the child is 15 but under 18:
- may work for maximum of eight (8)
hours a day, forty (40) hours a week
- may work between six o’clock in the
morning to ten o’clock in the evening
(6am to 10pm)
PROHIBITION ON THE EMPLOYMENT OF
CHILDREN IN CERTAIN ADVERTISEMENTS
- no child shall be employed as a model
in any advertisement directly or
indirectly promoting the following:
a) alcoholic beverages
b) intoxicating drinks
c) tobacco and cigarettes
d) gambling
e) any form of violence or
pornography
IMPORTANT PROVISIONS OF RA 9262
RA 9262 – ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT OF 2004
- approved on 8 March 2004
VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN
- refers to any act or a series of acts
committed by any person against a
woman who is his wife, former wife, or
against a woman with whom the
person has or had a sexual or dating
relations, or with whom he has a
common child, or against her child,
whether legitimate or illegitimate,
within or without the family abode,
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
which result in or is likely to result in
physical, sexual, psychological harm
or suffering, or economic abuse
including threats of such acts, battery,
assault, coercion, harassment or
arbitrary deprivation of liberty
PHYSICAL VIOLENCE
- refers to acts that include bodily or
physical harm
SEXUAL VIOLENCE
- refers to an act which is sexual in
nature, committed against a woman or
her child
PSYCHOLOGICAL VIOLENCE
- refers to acts or omissions causing or
likely to cause mental or emotional
suffering of the victim such as but not
limited to intimidation, harassment,
stalking, damage to property, public
ridicule or humiliation, and repeated
verbal abuse
ECONOMIC ABUSE
- refers to acts that make or attempt to
make a woman financially dependent
BATTERY
- refers to an act of inflicting physical
harm upon the woman or her child
resulting to the physical and
psychological or emotional distress
STALKING
- refers to an intentional act committed
by a person who knowingly and
without lawful justification follows the
woman or her child or places the
woman or her child under surveillance
directly or indirectly
PHILIPPINE JUVENILE JUSTICE SYSTEM
RA 9344 – the JUVENILE JUSTICE AND
WELFARE ACT OF 2006
- approved on 28 April 2006
- became effective on 20 May 2006
- repealed the provisions of the Revised
Penal Code and Presidential Decree
No 603 on minor offenders
IMPORTANT TERMS INTRODUCED BY RA
9344
JUVENILE JUSTICE AND WELFARE SYSTEM
- refers to a system dealing with children
at risk and children in conflict with the
law, which provides child-appropriate
proceedings, including programs and
services for prevention, diversion,
rehabilitation, re-integration and
aftercare to ensure their normal growth
and development
RESTORATIVE JUSTICE
- refers to a principle which requires a
process of resolving conflicts with the
 maximum involvement of the victim,
the offender and the community; seeks
to obtain reparation for the victim,
reconciliation of the offender, the
offended and the community and
reassurance to the offender that he or
she can be reintegrated into society
CHILD AT RISK
- refers to a child who is vulnerable to
and at the risk of committing criminal
offenses because of personal, family
and social circumstances
CHILD IN CONFLICT WITH THE LAW
- refers to a child who is alleged as,
accused of, or adjudged as, having
committed an offense under Philippine
laws
INITIAL CONTACT WITH THE CHILD
- refers to the apprehension or taking
into custody of a child in conflict with
the law by law enforcement officers or
private citizens
INTERVENTION
- refers to a series of activities which are
designed to address issues that
caused the child to commit an offense
- may take the form of an individualized
treatment program which may include
counseling, skills training, education,
and other activities that will enhance
his or her psychological, emotional and
psycho-social well-being
DIVERSION
- refers to an alternative, child-
appropriate process of determining the
responsibility and treatment of a child
in conflict with the law on the basis of
his or her social, cultural, economic,
psychological or educational
background without resorting to
formal court proceedings
DIVERSION PROGRAM
- refers to the program that the child in
conflict with the law is required to
undergo after he or she is found
responsible for an offense without
resorting to formal court
proceedings
YOUTH DETENTION HOME
- refers to a 24-hour child-caring
institution managed by accredited local
government units and licensed and/or
accredited non-governmental
organizations providing short-term
residential care for children in
conflict with the law who are
awaiting court disposition of their
cases or transfer to other agencies
or jurisdiction
YOUTH REHABILITATION CENTER
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
- refers to a 24-hour residential care
facility managed by the DSWD, local
government units, licensed or
accredited non-governmental
organizations monitored by the DSWD,
which provides care, treatment and
rehabilitation services for children
in conflict with the law
RIGHTS OF THE CHILD IN CONFLICT WITH
THE LAW
1) the right not to be imposed a sentence of
capital punishment or life imprisonment
2) the right to be detained or imprisoned as a
disposition of last resort, which shall be for
the shortest appropriate period of time
3) the right to be separated from adult
offenders at all times: during detention,
while being transported to and from the
court and while waiting for the hearing
4) the right to be detained only with other
detainees of the same sex, if detention is
necessary
5) the right to be searched only by a law
enforcement officer of the same gender
6) the right not to be handcuffed, when such
is not necessary
7) the right to have his parents or guardians
present
8) the right to diversion if he or she is
qualified and voluntarily avails of the same
9) the right to AUTOMATIC SUSPENSION
OF SENTENCE
10) the right to probation as an alternative to
imprisonment, if qualified under the
Probation Law
11) the right to have the records and
proceedings involving him be considered
PRIVILEGED AND CONFIDENTIAL
MINIMUM AGE OF CRIMINAL
RESPONSIBILITY
- a child FIFTEEN (15) YEARS OF AGE
OR UNDER at the time of the
commission of the offense shall be
EXEMPT from CRIMINAL LIABILITY,
but he shall undergo INTERVENTION
PROGRAM
- a child ABOVE FIFTEEN (15) YEARS
OF AGE BUT BELOW EIGHTEEN
(18) YEARS OF AGE shall likewise be
EXEMPT from CRIMINAL LIABILITY,
if he or she acted WITHOUT
DISCERNMENT, but he shall undergo
INTERVENTION PROGRAM
- however, they are exempted only from
criminal liability and not from civil
liability
- a child ABOVE FIFTEEN (15) YEARS
OF AGE BUT BELOW EIGHTEEN
(18) YEARS OF AGE who acted WITH
DISCERNMENT shall be subjected to
the DIVERSION PROCEEDINGS and
shall undergo DIVERSION
PROGRAM, if qualified
- a child ABOVE FIFTEEN (15) YEARS
OF AGE BUT BELOW EIGHTEEN
(18) YEARS OF AGE who acted WITH
 DISCERNMENT and who is NOT 1) the imposable penalty for the crime
QUALIFIED for DIVERSION, OR committed is NOT MORE THAN SIX (6)
REFUSED to undergo DIVERSION, YEARS IMPRISONMENT
shall be PROSECUTED 2) in victimless crimes, the imposable penalty
is NOT MORE THAN SIX (6) YEARS
TREATMENT OF CHILD BELOW THE AGE OF IMPRISONMENT
CRIMINAL RESPONSIBILITY 3) in cases where the imposable penalty
- it shall be the duty of the law exceeds six (6) years, diversion measures
enforcement officer to determine the may be resorted to only by the court
age of the child apprehended
- if the child apprehended is FIFTEEN - the diversion proceedings shall be
(15) YEARS OLD OR BELOW, the completed within FORTY-FIVE (45)
law enforcement officer MUST DAYS
RELEASE THE CHILD TO THE
CUSTODY OF HIS OR HER CONTRACT OF DIVERSION
PARENTS OR GUARDIANS, OR THE - shall be prepared if the child:
CHILD’S NEAREST RELATIVE 1) is qualified for diversion; and
- it shall also be the duty of the law 2) voluntarily admits the commission
enforcement officer to give notice to of the act and the parents or
the local social welfare and guardian of the child and the child
development officer as to the himself agrees to the diversion
apprehension of the child in conflict program
with the law - it must be signed by the child’s parents
or guardian and the authorities
COMPREHENSIVE JUVENILE INTERVENTION concerned
PROGRAM
- shall be instituted in local government PROSECUTION
units from the barangay to the - a child in conflict with the law shall
provincial levels undergo PROSECUTION if:
- shall include community-based 1) he is not qualified for diversion
programs on juvenile justice and 2) he is qualified for diversion but he
welfare or his parents or guardian does not
agree to diversion
COMMUNITY-BASED PROGRAMS ON 3) diversion is not appropriate for the
JUVENILE JUSTICE AND WELFARE child in conflict with the law, based
- shall be instituted by the local on the social worker’s
government units through the school, recommendations
youth organizations, and other
concerned agencies CONDUCT OF PRELIMINARY INVESTIGATION
- shall respond to the special needs, - there shall be a specially-trained
problems, interests and concerns of prosecutor to conduct inquest,
children and which offer appropriate preliminary investigation and
counseling and guidance to them prosecution of cases involving children
and their families in conflict with the law
- these programs shall consist of three - the information against the child shall
(3) levels: be filed before the Family Court within
FORTY-FIVE DAYS from the start of
1) PRIMARY INTERVENTION the preliminary investigation
- includes general measures to promote
social justice and equal opportunity, COURT PROCEEDINGS
which tackle perceived root causes of - during trial, the court shall order:
offending 1) the release of the child on
recognizance to his or her parents
2) SECONDARY INTERVENTION and other suitable persons
- includes measures to assist children at 2) the release of the child on bail
risk 3) if the child is to be detained, the
transfer of the child to a youth
3) TERTIARY INTERVENTION detention home
- includes measures to avoid - detention of the child shall be ordered
unnecessary contact with the formal only as a last resort
justice system and other measures to
prevent re-offending AUTOMATIC SUSPENSION OF SENTENCE
- if the child in conflict with the law is
SYSTEM OF DIVERSION found guilty of the offense charged, the
- children in conflict with the law shall court shall place the child under
undergo diversion proceedings subject suspended sentence, without need of
to the following conditions: application
- the automatic suspension of sentence
may be extended until the child

Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
 reaches the maximum age of
TWENTY-ONE (21) YEARS OLD
- the court shall order the detention of
the child in a youth rehabilitation
center where he shall undergo the
appropriate disposition measures
DISCHARGE OF THE CHILD IN CONFLICT
WITH THE LAW
- upon the recommendation of the social
worker who has custody of the child,
the court shall DISMISS THE CASE
AGAINST THE CHILD if the court
finds that the disposition measures
have been fulfilled
RETURN OF THE CHILD IN CONFLICT WITH
THE LAW TO COURT
- if the court finds that the objective of
the disposition measures imposed
upon the child have not been
fulfilled, or if the child has willfully
failed to comply with the conditions
of his or her rehabilitation program,
the child shall be returned to court for
the EXECUTION OF JUDGMENT
PROBATION
- a child in conflict with the law whose
sentence was executed by the court
upon reaching the maximum age of
TWENTY-ONE (21) shall be entitled
to the benefits of probation under
PD 968, the Probation Law of 1976
OFFENSES NOT APPLICABLE TO CHILDREN
- persons below eighteen (18) years old
shall be exempt from prosecution for
the following crimes:
1) vagrancy and prostitution under
the Revised Penal Code
2) mendicancy under PD No 1563
3) sniffing of rugby under PD 1619
IMPORTANT PROVISIONS OF RA 9775
REPUBLIC ACT 9775 – the ANTI-CHILD
PORNOGRAPHY ACT OF 2009
- approved on
- the law that amended the provisions of RA
7610 on obscene publications and indecent
shows
- it aims to protect every child from all forms
of exploitation and abuse through the use
of a child in pornographic performances
and materials and the inducement or
coercion of a child to engage or to be
involved in pornography
CHILD PORNOGRAPHY
- refers to any representation, whether
visual, audio or written combination
thereof, by electronic, mechanical, digital,
optical, magnetic or any other means, of
child engaged or involved in real or
simulated explicit sexual activities
SYNDICATED CHILD PORNOGRAPHY
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
- committed if carried out by a group of
three (3) or more persons conspiring or
confederating with one another
HUMAN BEHAVIOR AND CRISIS
MANAGEMENT
Human Behavior
- anything an individual does that
involves self-initiated action and/or
reaction to a given situation.
- the sum total of man's reaction to his
environment or the way human beings
act
Human Beings
Human beings are intelligent social
animals with the mental capacity to comprehend,
infer and think in rational ways.
Views in Human Behavior
1. Neurological View – deals with human actions
in relation to events taking place inside the body
such as the brain and the nervous system.
2. Behavioral View – emphasizes on external
functions of the human being that can be
observed and measured.
3. Cognitive View – it is concerned with the way
the brain processes and transforms information
into various ways.
4. Psychoanalytical View – emphasizes
unconscious motives that originate from
aggressive impulses in childhood.
5. Humanistic View – focuses on the subject’s
experience, freedom of choice and motivation
toward self-actualization.
Two Basic Types of Behavior
1. Inherited (Inborn) behavior – refers to
any behavioral reactions or reflexes
exhibited by people because of their
inherited capabilities or the process of
natural selection.
2. Learned (Operant) behavior – involves
knowing or adaptation that enhances
human beings’ ability to cope with
changes in the environment in ways which
improve the chances of survival.
Learned behavior may be acquired
through environment or training.
Classifications of Human Behavior
 Habitual – refers to motorized behavior
usually manifested in language and
emotion.
 Instinctive – are generally unlearned and
simply comes out of man’s instinct which
can be seen among instinct-instinct
survival behaviors.
 Symbolic – are behaviors that are usually
carried out by means of unsaid words and
shown through symbols or body signs.
 Complex – are those behaviors that
combine two or more of the classified
ones.
Causes of Human Behavior
  Sensation – is the feeling or impression
created by a given stimulus or cause that
leads to a particular reaction or behavior.
Human Senses:
a. Visual – sight
b. Olfactory – smell
c. Cutaneous – touch
d. Auditory – hearing
e. Gustatory – taste
 Perception – refers to the person’s
knowledge of a given stimulus which
largely help to determine the actual
behavioral response in a given situation
 Awareness – refers to the psychological
activity based on interpretation of past
experiences with a given stimulus or
object.
Factors that affect Human Behavior
 Heredity – it is the passing of traits to
offspring (from its parent or ancestors).
This is the process by which an offspring
cell or organism acquires or becomes
predisposed to the characteristics of its
parent cell or organism.
 Environment – refers to surroundings of
an object. It consists of conditions and
factors that surround and influence
behavioral pattern.
 Learning – is the process by which an
individual’s behavior changes as a result
of experience or practice.
Personality Traits that Affect Human Behavior
1. Extroversion – characterized by interests
directed toward the external environment of
people and things rather than toward inner
experiences and oneself.
2. Introversion – characterized by direction of
interest toward oneself and one’s inner world of
experiences. Introverts, in contrast, tend to be
more reserved, less outgoing, and less sociable.
3. Ambiversion – is a balance of extrovert and
introvert characteristics. An ambivert is normally
comfortable with groups and enjoys social
interaction, but also relishes time alone and away
from the crowd.
4. Neuroticism – persons high in neuroticism
react intensely and are generally moody, touchy,
depressed, sensitive and anxious or nervous.
They respond more poorly to environmental
stress, and are more likely to interpret ordinary
situations as threatening, and minor frustrations
as hopelessly difficult.
5. Psychoticism – is characterized by cold
cruelty, social insensitivity, disregard for danger,
troublesome behavior, dislike of others and an
attraction towards unusual. A person high on
psychoticism tends to be impulsive, aggressive
individual without appreciable concern for others.
Frustration in Human Behavior
Frustration refers to the situation which blocks
the individual’s motivated behavior. Sustained
frustration may be characterized by anxiety,
irritability, fatigue or depression.
Three Basic Forms of Conflict
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
1. Approach-Avoidance Conflict - occurs when
an individual moves closer to a seemingly
desirable object, only to have the potentially
negative consequences of contacting that object
push back against the closing behavior.
2. Approach-Approach Conflict - This is a
conflict resulting from the necessity of choosing
between two desirable alternatives. There are
usually two desirable things wanted, but only one
option can be chosen.
3. Avoidance-Avoidance Conflict - This form of
conflict involves two undesirable or unattractive
alternatives where a person has to decide of
choosing one of the undesirable things.
Coping Mechanism
It is defined as the way people react to
frustration. People differ in the way they react to
frustration. This could be attributed to individual
differences and the way people prepared in the
developmental task they faced during the early
stages of their life.
Frustration Tolerance
It is the ability to withstand frustration
without developing inadequate modes of
response such as being emotionally depressed or
irritated, becoming neurotic, or becoming
aggressive.
Broad Reactions to Frustration
 Fight – is manifested by fighting the
problem in a constructive and direct way
by means of breaking down the obstacles
preventing the person reaching his goals.
 Flight – it can be manifested by sulking,
retreating, becoming indifferent and giving
up.
Different Types of Reaction to Frustration
 Direct approach - can be seen among
people who handle their problems in a
very objective way. They identify first the
problem, look for the most practical and
handy way to solve it, and proceeded with
the constructive manner of utilizing the
solution which will produce the best
results.
 Detour - when an individual realizes that
in finding for the right solution of the
problem, he always end up with a negative
outcome or result. Thus, he tries to make
a detour or change direction first and find
out if the solution or remedy is there.
 Substitution - most of time are resulted to
in handling frustration when an original
plan intended to solve the problem did not
produce the intended result, thus the most
practical way to face the problem, is to
look for most possible or alternative
means.
 Withdrawal or retreat - is corresponding
to running away from the problem or flight
which to some is the safest way.
 Developing feeling of inferiority - comes
when a person is unable to hold on to any
solution which gives a positive result.
Being discourage to go on working for a
way to handle a frustration could result to
 diminishing self-confidence, until the time
when inferiority complex sets in.
 Aggression - is a negative outcome of a
person's inability to handle frustration
rightly. Manifestation in physical behavior
can be observed in one's negative
attitudes towards life both in the personal
and professional aspect.
 Use of Defense Mechanism – is the most
tolerated way of handling frustration. It is a
man’s last result when a person attempts
to overcome fear from an anticipated
situation or event.
Defense Mechanism – is an unconscious
psychological process that serves as safety valve
that provides relief from emotional conflict and
anxiety.
Common Defense Mechanisms
 Displacement - strong emotion, such as
anger, is displaced onto another person or
object as the recipient of said emotion
(anger), rather than being focused on the
person or object which originally was the
cause of said emotion.
 Rationalization - is the defense
mechanism that enables individuals to
justify their behavior to themselves and
others by making excuses or formulating
fictitious, socially approved arguments to
convince themselves and others that their
behavior is logical and acceptable
 Compensation - is the psychological
defense mechanism through which people
attempt to overcome the anxiety
associated with feelings of inferiority and
inadequacy in one is of personality or
body image, by concentrating on another
area where they can excel.
 Projection - manifest feelings and ideas
which are unacceptable to the ego or the
superego and are projected onto others so
that they seem to have these feelings or
ideas, which free the individual from the
guilt and anxiety associated with them.
 Reaction formation - is defined as the
development of a trait or traits which are
the opposite of tendencies that we do not
want to recognize. The person is
motivated to act in a certain way, but
behaves in the opposite way.
Consequently, he is able to keep his urges
and impulses under control.
 Denial – when a person uses this, he
refuses to recognize and deal with reality
because of strong inner needs.
 Repression – is unconscious process
whereby unacceptable urges or painful
traumatic experiences are completely
prevented from entering consciousness.
 Suppression - which is sometimes
confused with that of repression, is a
conscious activity by which an individual
attempts to forget emotionally disturbing
thoughts and experiences by pushing
them out of his mind.
 Identification - an individual seeks to
overcome his own feelings of inadequacy,
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
loneliness, or inferiority by taking on the
characteristics of someone who is
important to him.
An example is a child who identifies with
his parents who are seen as models of
intelligence, strength and competence
 Substitution - through this defense
mechanism, the individual seeks to
overcome feelings of frustration and
anxiety by achieving alternate goals and
gratifications.
 Fantasy - this is resulted to whenever
unfulfilled ambitions and unconscious
drives do not materialize.
 Regression – a person reverts to a
pattern of feeling, thinking or behavior
which was appropriate to an earlier stage
of development.
 Sublimation – is the process by which
instinctual drives which consciously
unacceptable are diverted into personally
and socially accepted channels. It is a
positive and constructive mechanism for
defending against own unacceptable
impulses and needs.
Normal Behavior
This refers to a lack of significant deviation
from the average. Another possible definition is
that "a normal" is someone who conforms to the
predominant behavior in a society.
Social norms – rules that a group uses
for appropriate and inappropriate values, beliefs,
attitudes and behaviors.
Abnormal Behavior
Literally means "away from the normal". It
implies deviation from some clearly defined norm.
In the case of physical illness, the norm is the
structural and functional integrity of the body.
BEHAVIORAL DISORDERS
I. PSYCHOSOMATIC DISORDER
A disorder in which the physical illness is
considered to be highly associated with emotional
factors. The individual may not perceive that his
emotional state is contributing to his physical
illness.
II. NEUROSIS
Neurosis is a class of functional mental
disorders involving distress but neither delusions
nor hallucinations, whereby behavior is not
outside socially acceptable norms. The
distinguishing feature of neurosis is a sustained
characteristic of showing anxiety, fear, endless
troubles that carries significant aspects of the
individual’s life.
III. ANXIETY DISORDERS
Anxiety disorders are blanket
terms covering several different forms of
abnormal and pathological fear and anxiety.
People experience excessive levels of the kind of
negative emotions that we identify as being
nervous, tense, worried, scared, and anxious.
These terms all refer to anxiety.
  Forms of Anxiety
A. Phobias
This is an intense, unrealistic fear. In this
case, anxiety is focused so intensely on some
objects or situations that the individual is acutely
uncomfortable around it and will often go to great
pain to avoid it.
 TYPES OF PHOBIAS
 Acrophobia - high places
 Agoraphobia - open spaces and market
places
 Malgophobia - pain
 Astraphobia - storms, thunder, and
lightning
 Gynophobia – fear of dogs
 Claustrophobia - closed places
 Hematophobia - blood
 Mysophobia - contamination or germs
 Monophobia - being alone
 Nyctophobia - darkness
 Ochlophobia - crowds
 Hydrophobia - water
 Pathophobia - disease
 Pyrophobia - fire
 Syphilophobia - syphilis
 Zoophobia - animals or some particular
animals
B. Obsessive-Compulsive Disorders
1. Obsession – This is an anxiety provoking
thoughts that will not go away. Thoughts and
impulses which occur in the person’s mind
despite attempts to keep them out. They seem
uncontrollable, as if they do not belong to the
individual's mind.
2. Compulsion – It is an urge wherein a person is
compelled to perform some actions against his
free will and with duress as a result of external
factors. This is an irresistible urge to engage in
certain pattern of behavior.
EXAMPLES OF COMPULSION
1. Arithomania – the impulse to count anything.
2. Dipsomania – the impulse to drink liquor.
3. Homicidal mania – the impulse to kill.
4. Kleptomania – the impulse to steal.
5. Megalomania – the impulse for fame or power.
6. Pyromania – the impulse to set fire.
7. Suicidal mania – the impulse to take one’s life.
IV. SOMATOFORM DISORDERS
"Soma" means body, and somatoform
disorders involve a neurotic pattern in which the
individuals complain of bodily symptoms that
suggest the presence of a physical problem, but
for which no organic basis can be found. Such
individuals are typically preoccupied with their
state of health and with various presumed
disorders or diseases of bodily organs.
Three Distinct Somatoform Patterns
1. Somatization Disorder
This is an intensely and chronically
uncomfortable condition that indirectly creates a
high risk of medical complications. It takes the
form of chronic and recurrent aches, pains, fever,
tiredness and other symptoms to bodily illness.
Individuals frequently experience memory
difficulties, problems with walking, numbness,
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
block-out spells, nausea, menstrual problems and
a lack of pleasure from sex.
2. Conversion Disorders and Somatoform Pain
Disorders
 Conversion disorders – are somatoform
disorders in which individuals experience
serious somatic symptoms such as
functional blindness, deafness, paralysis,
fainting, seizures, inability to speak or
other serious impairments in the absence
of any physical cause.
 Somatoform pain disorders – are
somatoform disorders in which the
individual experiences a relatively specific
and chronic pain that has a psychological
rather than physical cause. It is very
similar to conversion disorders except that
the primary symptom is pain that has no
physical cause.
3. Dissociative Disorders
This covers a broad category of loosely
related rare conditions involving sudden
alterations in cognition, characterized by change
in memory, perceptions or "identity".
 defined as conditions that involve
disruptions or breakdowns of memory,
awareness, identity and/or perception.
Types of Dissociative Disorders
a. Amnesia – This refers to loss of memory that
can have either physical or psychological cause.
It most often occurs after a period of intense
stress and involves loss of memory for all or part
of the stressful experience itself.
b. Psychogenic Fugue State – This resembles
amnesia in that there is a loss of memory but the
loss is so complete that the individuals cannot
remember his or her identity or previous life.
c. Depersonalization – This refers to experiences
in which the individual feels that he or she has
become distorted or "unreal" or that distortions
have occurred in one's surroundings. One might
feel that she is a real robot - even though she
knows she is a real person - or that her room is
not real or that her parents are not real people.
d. Multiple Personality – This is a dissociative
disorder in which the individual shifts abruptly and
repeatedly from one personality to another as if
more than one person were inhabiting the same
body. This is commonly known as "split
personality disorder."
V. PERSONALITY DISORDERS
Personality disorders, formerly
referred to as character disorders, are a class of
personality types and behaviors defined as “an
enduring pattern of inner experience and behavior
that deviates markedly from the expectations of
the culture of the individual who exhibits it”. This
category includes those individuals who begin to
develop a maladaptive behavior pattern early in
childhood as a result of family, social, and cultural
influences.
Types of Personality Disorders
1. Paranoid Personality – This is characterized
by suspiciousness, hypersensitivity, rigidity, envy,
excessive self-importance, and
argumentativeness plus a tendency to blame
others for one's own mistakes and failures and to
ascribe evil motives to others.
2. Schizoid Personality – Individuals with this
personality disorder neither deserve nor enjoy
close relationship. They live a solitary life with
little interest in developing friendships. They
exhibit emotional coldness, detachment, or a
constricted affect.
- characterized by a lack of interest in social
relationships, a tendency towards a solitary
lifestyle, secretiveness, and emotional coldness.
3. Schizotypal Personality – Individuals with this
type of personality disorder exhibit odd behaviors
based on a belief in magic or superstition and
may report unusual perceptual experiences.
4. Histrionic Personality – this is characterized
by attempt to be the center of attention through
the use of theatrical and self-dramatizing
behavior. Sexual adjustment is poor and
interpersonal relationships are stormy.
 characterized by excessive emotionality
and attention-seeking, including an
excessive need for approval and
inappropriate seductiveness, usually
beginning in early adulthood.
5. Narcissistic Personality – Individuals with this
type of personality have a pervasive sense of self-
importance.
A disorder and its derivatives can be
caused by excessive praise and criticism in
childhood, particularly that from parental figures.
6. Antisocial Personality – This is characterized
by a lifelong history of inability to conform to
social norms. They are irritable and aggressive"
and may have repeated physical fights. These
individuals also have a high prevalence of morbid
substance abuse disorders.
7. Borderline Personality – This is characterized
by instability, reflected in drastic mood shifts and
behavior problems. Individuals with this type of
personality are acutely sensitive to real or
imagined abandonment and have a pattern of
repeated unstable but intense interpersonal
relationships that alternate between extreme
idealization and devaluation. Such individuals
may abuse substances or food, or be sexually
promiscuous.
8. Avoidant Personality – Individuals with this
personality are fearful of becoming involved with
people because of excessive fears of criticism or
rejection.
9. Dependent Personality – This is
characterized by inability to make even daily
decisions without excessive advice and
reassurance from others and needs others to
assume responsibility for most major areas of his
or her life.
10. Compulsive Personality – This is
characterized by excessive concern with rules,
order efficiency, and work coupled with insistence
that everyone do things their way and an inability
to express warm feelings.
11. Passive-Aggressive Personality – The
individual with personality disorder is usually
found to have overindulged in many things during
the early years to the extent that the person
comes to anticipate that his needs will always be
met and gratified.
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
VI. AFFECTIVE DISORDERS
The term affect is roughly equivalent to
emotion or to mood. The affective disorders are
mood disorders in which extreme and
inappropriate levels of mood
– characterized by periods of depression or
elation or both.
- A manic-depressive psychosis
VII. SCHIZOPHRENIA
- a psychotic condition marked by
withdrawal from reality, indifference concerning
everyday problems, and tendency to live in a
world of fantasy.
- formerly called dementia praecox by Emil
Kreaplin, a German psychiatrist.
- the term schizophrenia was given by Eugene
Bleuler which literally means “splitting of minds”.
Types of Schizophrenia
 Simple Schizophrenia – is characterized
by a gradual decline of interest and
ambition. The person withdraws from
social contacts as well as irritable and
inattentive.
 Paranoid Schizophrenia – is characterized
principally by delusions of persecutions
and/or grandeur. Hallucinations, usually
auditory, are most of time present.
 Hebephrenic Schizophrenia – manifests
severe integration of personality and can
be observed through inappropriate
giggling and smiling without apparent
reasons which to an untrained observer
may only be childish playfulness.
 Catatonic Schizophrenia – manifests
extreme violence and shown with
excessive motor activity, grimacing,
talkativeness and unpredictable emotional
outburst.
VIII. PARANOIA
  Paranoia refers to cases showing
delusions and impaired contact with reality but
without the severe personality disorganization
characteristic of schizophrenia.
- The main symptom is characterized by
suspicion
COMMON TYPES OF PARANOIA
1. Persecutory Paranoia – having delusions of
persecution.
2. Litigious Paranoia – both delusions of
persecution and grandeur
3. Erotic Paranoia – delusion that a certain person
is in love with him or her.
4. Exalted Paranoia – with great power of
importance.
5. Jealous Paranoia – characterized by irrational
jealousy.
Copycat Crime
Copycat crime is crime inspired by another
crime that has been publicized in the news media
or fictionally or artistically represented in which
the offender incorporates aspects of the original
offense.
SEXUAL DEVIANCY
 A sexual act that seeks gratification by
means other than heterosexual relationship.
HETEROSEXUALITY – normal sexual
relationship between members of the opposite
sex which could lead to reproduction.
TYPES OF SEXUAL DEVIANCY
 Homosexuality
- sexual desire towards the same
sex
 Transvestitism
- obtaining sexual gratification by
wearing the clothes of the opposite sex.
 Voyeurism
- obtaining sexual pleasure by
watching the members of the
opposite sex undressing or
engaging in sexual activities.
 Exhibitionism - obtaining pleasure by
exposing one’s genitals to others.
 Fetishism - obtaining sexual gratification
primarily and exclusively from specific
objects.
 Sadism – by inflicting pain to others
 Masochism – by inflicting pain upon
themselves .
 Sodomy – sexual act through the anus of
another human being.
 Froilism – a form of sexual perversion in
which three (3) persons are participating in
sexual act.
 Pluralism – a group participates in sexual
orgies (sexual festival).
 Cunnilingus – licking of woman’s genitals
 Fellatio – sucking the penis
 Pedophilia – obtaining pleasure from
sexual contact with children.
 Incest – sexual relations between persons
related by blood.
 Bestiality – sexual intercourse with a
living animal.
 Necrophilia – desire to engage in sexual
intercourse with a dead body.
CRISIS MANAGEMENT
Crisis
This refers to unstable and dangerous
social condition characterized by an impending
abrupt change involving economic, military,
political, police, societal or personal affairs that is
approaching emergency level event.
- came from the Greek word “CRISIS”
which means to separate.
EMERGENCY
Came from the Latin word “EMERGENTIA”
which means dipping; plunging. It is a sudden
condition or state of affairs calling for immediate
action.
Crisis Management
It refers to the action undertaken to unify
and coordinate resources and efforts to effectively
and efficiently quell a given criminal/life
threatening situation.
Also defined as the expert handling of
emergency or crisis to reduce or eliminate danger
or damage.
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
EMERGENCY, CRISIS AND DISASTER
DISTINGUISHED
 If the situation is still controlled and the
response given is for the purpose of
containing the situation from getting out of
control, then it is just an EMERGENCY.
 If the situation is already beyond normal
control what is happening is already a
CRISIS.
 If the effects of the crisis can no longer be
controlled even by its author, it is now a
DISASTER.
Types of Crisis
 Natural crisis – is typically natural
disasters considered as acts of God, such
as environmental phenomena as
earthquakes, volcanic eruptions,
tornadoes and hurricanes, floods,
landslides, tsunamis, storms, and
droughts that threaten life, property, and
the environment itself.
 Man-Made Crisis
- civil disturbance, revolt, revolution,
border incident, war, kidnapping, hijacking,
hostage-taking, terrorists activities, attacks on
government facilities, etc.
Objectives of Crisis Management
 Resolve without further incident.
 Safety of all participants.
 Apprehension of all perpetrators.
 Accomplishment of the task within the
framework of current community standard.
PURPOSE OF CRISIS MANAGEMENT:
“SALVARI VITAS” – to save lives
PHASES OF CRISIS MANAGEMENT
 Proactive Phase
- includes prediction, prevention and
preparation.
 Reactive Phase
- performance, initial action, action, and
post action.
LEGAL REGIMES IN DEALING WITH CRISIS
 Sec. 6, Article XVI, 1987 Constitution
- The State shall establish and maintain
one police force, which shall be national in scope
and civilian in character, to be administered and
controlled by the NPOLCOM. The authority of
local executives over the police units in their
jurisdiction shall be provided by law
 Sec. 444 and 445, R.A. 7160
- The mayor shall act as the deputized
representative of the NAPOLCOM, which shall
exercise operational control and supervision over
the local police forces in the city and municipality.
Hostage Incident
It is any incident in which people are being
held by another person or persons against their
will, usually by force or coercion, and demands
are being made by the hostage taker.
Characteristics of a Negotiable Incident
 There must be a need to live on the part of
a hostage taker.
  There must be a threat of force on the part
of the authorities.
 There must be demands by the hostage
taker.
 The negotiator must be seen by the
hostage taker as a person who can hurt
the hostage taker but is willing to help him.
 There must be time to negotiate.
 A reliable channel of communication must
exists between the hostage taker and the
negotiator.
 Both the location and the communications
of the incident need to be contained in
order to encourage negotiation.
 The negotiator must be able to deal with
the hostage taker making the decisions.
Hostage - Is a person held as a security for the
fulfillment of certain terms
Negotiate - It means to arrange or settle by
conferring or discussing.
Crisis Negotiation - means the use of
communication techniques and strategies to
influence a person to change his behavior in
accordance with goals within legal, ethical and
moral constraints.
PRIORITIES IN HOSTAGE SITUATION
 Preservation of live
 Apprehend hostage taker
 To successfully negotiate; there must be
need to live on the part of the hostage
taker and a threat of force by the
authorities.
CATEGORIES OF HOSTAGE-TAKER
 PERSONS IN CRISIS
- people who take hostages during a
period of prolonged frustration, despair and
problems.
 PSYCHOTICS
- mentally-ill people who take hostage
during a period of psychiatric disturbance.
 COMMON CRIMINALS
- people who take hostages for personal
reason.
 PRISONER
- people who take hostage because of
dissatisfaction and discontent regarding their
living condition in prison.
 POLITICAL TERRORIST
- people who take hostages because of
political and ideological beliefs.
HANDLING OF SPECIFIC HOSTAGE
SITUATION
1. PROFESSIONAL CRIMINAL
- easiest to handle
- rational thinker
- after assessing the situation and
weighing the odds, usually come to terms with the
police.
PROPER HANDLING: show force but refrain
from unnecessary violence or useless killing.
2. PSYCHOTIC INDIVIDUAL
- present different and somewhat complex
problems
- irrational
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
PROPER HANDLING: the hostage taker may feel
a degree of pleasure if he finds himself important,
being the center of attraction
- prolonging the time
3. TERRORIST
- more difficult to handle
- when caught, they rationalize by claiming
to be revolutionaries a situation they resolve to
die for a cause.
PROPER HANDLING: their causes may
deteriorate in the passage of time.
- if they kill one of the hostages, the
negotiators then must set to save the remaining
hostages.
HOSTAGE TAKER’S DEMANDS
 Negotiable
- food, cigarettes, drinks, alcohol,
transportation, media coverage, freedom
 Non-Negotiable
- weapons, ammunitions, drugs, release of
prisoners, exchange of hostages
PRINCIPLES IN HOSTAGE NEGOTIATION
 the hostage has no value to the hostage
taker
 the priorities in the hostage situations are
the preservation of life and the
apprehension of the hostage taker,
recover and protect property.
 hostage situation must not go violently
 there must be a need to live on the part of
the hostage taker
IMMEDIATE ACTIONS OF THE NEGOTIATOR
UPON ARRIVAL AT THE SCENE OF INCIDENT
1. Containment
 controlling situation and area by people
involved.
2. Establish Contact
 communicate with the leader
3. Time Lengthening
 give more time to the police to organize
and coordinate plan of action.
4. Telephone Negotiation Technique
4.1. Be the caller (talk with the leader only)
4.2. Plan and prepare
4.3. Be ready with graceful exit
4.4. Discipline yourself to listen.
4.5. Do not tell that you are the
commander, neither your rank
4.6. Just tell “My name is…I am a police
negotiator and willing to help.
4.7. Delay tactic – to wear down hostage
taker, physically, psychologically and
emotionally. Will also give more time for
police organize and coordinate plan
course of action.
4.8. In case hostage taker won’t talk,
continue negotiating. Don’t loss hope!
Advantages of Telephone Conversation
1. easier to say NO
2. easier to conclude the conversation
3. conversation is quicker
4. important items are more easily
committed
5. caller has the advantage
5. Need for face-to-face conversation
  Don’t be over anxious
 wear body armor
 have tactical back-up (snipers)
 Face-to-face, maintain proper distance;
◦ Proper distance – 1 to 3 feet.
◦ Intimate distance – about 6 inches
 in retreating, face hostage taker slowly
backing out of the door.
6. Surrender approach– start with a position
approach, act as if hostage taker will surrender.
Do not talk too much. Gradually ask him to
surrender. Reassurance is the wisest thing to do.
Talk details of surrender process. And explain
why now is better than later.
Crisis Negotiation Bargaining Techniques
 The use of time to increase basic needs,
making it more likely that the subject will
exchange a hostage for some basic
needs.
 The used of time to collect intelligence on
the subject that will help develop a trade.
 The use of time to reduce the subject’s
expectation of getting what he wants.
 Trades can be made for food, drink,
transportation and money.
 Trades cannot be made for weapons or
the exchange of hostages.
 The boss does not negotiate.
 Start bidding high to give yourself room to
negotiate.
 Never draw attention to the hostages, it
gives the subject too much bargaining
power.
 Manipulate anxiety levels by cutting off
power, gas, etc.
Stockholm Syndrome
It is the development of unique relations
between the hostages and the hostage taker. A
strong attachment of the hostage victim to the
hostage takers after a long period of captivity, by
the hostage became sympathizer of the hostage
takers.
CRISIS MANAGEMENT TEAM
Team – is a small group of people with
complementary skills who are committed to a
common purpose, performance goals and
approach for which they hold themselves mutually
accountable.
The Negotiating Team
 Negotiator Supervisor – is responsible
for the overall functioning of the
negotiating team. In addition to his
supervisory skills, the supervisor must
have leadership ability. He should see to it
that the situation is negotiable, appropriate
personnel is available, intelligence is
gathered in timely manner,
communications are established,
negotiation strategy is working-out, an
appropriate record of the negotiation is
kept and the commander is well informed.
 Primary Negotiator – is the direct
communication link to the hostage taker
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
and is responsible for developing verbal
tactics, monitoring and assessing the
hostage taker’s level of emotional arousal
and helping the hostage taker engage in
problem solving.
 Secondary Negotiator – is the pipeline
between the negotiation team and
primary. He helps to develop verbal
tactics, provides moral support for the
primary.
 Intelligence Officer – is responsible for
gathering intelligence from various
sources, interviewing all relevant persons
involved in the incident, collating and
disseminating that information,
maintaining and updating status boards
and making sure that all response units
are receiving accurate and timely
intelligence.
 Mental Health Consultant – is
responsible for evaluating the personality
of the hostage taker, recommending
negotiation strategies, monitoring team
stress, monitoring stress among the
hostage takers and hostages.
 Equipment Officer – is someone who
understands technical information
regarding radios, computers, phone
systems, mechanical systems, etc. and
can make minor repairs.
Command Post
It is the position from which a unit
commander and his staff exercise command over
the hostage incident.
Ground Commander is the designated senior
officer in command of the incident. Also termed
“incident commander”
Inner and Outer Perimeter
 Inner Perimeter – is the immediate area of
containment as designated by the on
ground commander
 Outer Perimeter – is a secondary control
area surrounding the inner perimeter,
providing a safe zone for access to the
inner perimeter.
The Tactical Team
Is an assault team responsible in carrying
out assault operation whenever negotiation fails.
A unit of specially selected, appointed, trained
and equipped officers that provides assistance in
those incidents that would require special tactics,
techniques and equipment.
Tactical Team Components
Tactical Supervisor – is responsible for the
mobilization of the members of the team,
deployment of the containment team,
development of the tactical plan and operation of
the assault and arrest teams.
The tactical team is divided into three major
components:
1. First Component – this component is
responsible for maintaining perimeter control both
inner and outer. Also called containment sub-
team.
 2. Second Component – the second
component is apprehension and assault team.
Members of this sub-team make an undetected
approach to the location, plan and prepare for the
release of hostages, and make an assault if
necessary. Also called apprehension and
assault sub-team.
3. Third Component – is the sniper /
observer sub-team. The sniper/observer sub-
team (third component) has two responsibilities:
 Provide intelligence on factors present at
the location. These factors may include
physical layout, placement of walls,
furniture, specific location of hostages and
hostage takers, clothing and mental state
of hostages and hostage takers.
 Prepare for a shot on the hostage taker.
Verbal Tactics in Crisis Communications
 Concerned attitude – the negotiator
communicates with an attitude that he has
genuine interest in the hostage taker.
Example: “Tell me what happened” “That
must have been hard/sad/threatening” and
“I’d really like to help you”
 Reasonable-problem solver – the
negotiator assumes the role of a leader.
Example: “Let’s work together to be sure
everyone is safe” “What would you like to
do about this” Let’s see what other
solutions are possible”
 Buddy-fellow traveler – it is one of
commiseration with the hostage taker and
works well with trapped felons, impulsive
people and antisocial personalities.
Example: “Man I hear you, bosses never
understand” “You know how they are
about”
 Columbo-dumb but trying persona –
the negotiator does not have all the
answer but is trying to do the best he can.
Example: “I know it’s taking a long time
but we are trying” “I hate that I can’t help
any faster but ____”
 Non-judgmental and directing – the
negotiator is compassionate but firm and
competent. It is good with depressed
persons, disoriented or dependent people.
Example: “You sound pretty excited, take
a deep breath and relax” “Let’s take this
next step slow so nobody gets hurt”
“Check on your people for me to be sure
everyone is alright”
Active Listening Techniques
 Open-Ended Questions/Statements –
question or statements directed at the
hostage taker designed to get him to open
up and give a long, verbal answer.
 Effective Pauses – not saying anything
when the hostage taker finishes talking,
encouraging him to fill the empty or blank
space with additional communications or
information. Periods of silence that is used
to emphasize a point or to encourage the
subject to say more.
 Minimal Encouragement – saying yes,
ok or other verbal indicators that the
negotiator is actually listening to the
hostage taker. Brief, well-timed response
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
that let the subject knows the negotiator is
paying attention. It is a neutral non-
threatening response that can be used
with any subject.
 Mirroring (Reflecting Feelings) – a
response in which the negotiator mirrors
back to the hostage taker the emotions of
the hostage taker in communicating, the
negotiator repeats the last word or phrase.
 Paraphrasing – a response in which the
negotiator gives the hostage taker the
essence of his message in the negotiator’s
words. The negotiator repeats the
subject’s meaning in the negotiators
words. It shows that the negotiator is
listening and understands the content of
the subject’s message.
 Emotional Labeling (Reflecting
Meaning) – a response in which
negotiator let the hostage taker know he
understands the facts and the feelings the
hostage taker is communicating. The use
of emotionally descriptive words to show
that the negotiator understands the
feelings the subject is experiencing.
 I-Messages – a response in which the
negotiator expresses his emotions in
response to the hostage taker. These are
messages that personalize the negotiator
without becoming a personal attack and
allow negotiator to introduce new ideas
without raising excessive resistance.
 Summative Reflections – a response in
which the negotiator summarizes the main
facts and feelings that the hostage taker
has expressed over a relatively long
period.
Implementation of Methods to Deal with
Hostage situation
Rule 22. Hostage Situation of the revised PNP
Operational procedures
Sec.1. Procedures to be followed in a Hostage
Situation – the following steps shall be
undertaken:
a. A crisis management task group shall
be activated immediately
b. Incident scene shall be secured and
isolated
c. Unauthorized persons shall not be
allowed entry and exit to the incident scene
d. Witnesses’ names, addresses, and
other information shall be recorded.
Witnesses shall be directed to a safe
location.
Sec.2. Ground Commander – there shall be
only one Ground Commander in the area.
Sec.3. Negotiators – negotiators shall be
designated by the Ground commander. No
one shall be allowed to talk to the hostage-
taker without clearance from the negotiating
panel or Ground Commander
Sec.4. Assault team – an assault team shall be
alerted for deployment in case the negotiation
fails. Members of the assault team shall wear
authorized and easily recognizable uniform
during the conduct of the operation Bonnets
shall not be used.
Sec.5. Assault plan – the assault shall be
planned to ensure minimal threat to life for all
parties.
Sec.6. Support Personnel – an ambulance with
medical crew and a fire truck shall be detailed
at the incident.
Sec.7. Coordination – proper coordination
with all participating elements shall be done to
consolidate efforts in solving crisis.
Sec.8. Safety of Hostage(s) – in negotiating for
the release of a hostage, the safety of the
hostage shall always be paramount.
Sec.9. Procedures to be followed during
negotiations
The following shall be undertaken in the
conduct of negotiations:
a. Stabilize and contain the situation;
b. Select the right time to make contact with the
hostage-taker;
c. Take time when negotiating;
d. Allow hostage-taker to speak;
e. Don’t offer the hostage-taker anything. What he
will ask for will be part of the negotiation;
f. Avoid directing frequent attention to the victim
when talking to the hostage taker;
g. Do not call them Hostages. Be as honest as
possible; avoid tricks; be sincere;
h. Never dismiss any request from the hostage-
taker as trivial or unimportant;
i. Never say “NO”
j. Soften the demand
k. Never set deadline; try not to accept a
deadline;
l. Do not make alternate suggestions not agreed
upon in the negotiation;
m. Do not introduce outsiders (non-law
enforcement officers) into the negotiation process,
unless their presence is extremely necessary in
the solution of the crisis; provided that they shall
be properly advised on the do’s and don’ts of
hostage negotiations;
n. Do not allow any exchange of hostages, unless
extremely necessary; in particular, do not
exchange a negotiator for a hostage;
o. Avoid negotiating face-to-face; and
p. Law enforcement officers without proper
training shall not be allowed to participate in
hostage negotiations.
The Aftereffects of Captivity
 Emotional Aftereffects – the hostage
taker is unable to emotionally relax,
remains fearful of the future, and becomes
apprehensive, tense, and nervous,
experiencing an anxiety like attack. The
ex-hostage may shake uncontrollably,
experiencing unexplained fear.
 Cognitive Aftereffects – the hostages
believed they failed themselves, co-
workers, friends and family. That
somehow they are less of a person for
having been captive. Self-criticizing and
second-guessing are common.
Statements such as “if only I had done so
and so I wouldn’t have been captured”,
are commonly heard.
 Behavioral Aftereffects – this include
social and self-isolation, uncontrollable
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
crying, and increase or decrease in
aggression, poor concentration, intrusive
thoughts, trouble with authority figures, an
increase startle response and alcohol and
drug abuse.
 Physical Aftereffects – this include the
following:
a. Sleep disorder – most common
physical aftereffects. Some cannot sleep
the entire night, some sleep too much than
they did before captivity, some sleep much
less, some can only cat-nap. Some
requires medication to sleep. Some do not
enter into Stage 4 sleep and some very
seldom engage in Rapid Eye Movement
(REM) sleep.
Stage 4 Sleep – is the deep sleep that
immediately precedes REM sleep, it is
necessary for the body to replenish itself
and it is the sleep where the greatest
physiological benefits are derived.
b. Nightmares – include sights, sounds,
smells, tastes, physical pains and
emotions of captivity.
c. Withdrawal from Close Personal
Relationship – the ex-hostage may erect
an invisible wall and not allow anyone
inside that wall.
 Medical Aftereffects – majority of
hostages do not experience medical
aftereffects, however to a few who
experienced prolonged, severe, and
physical abusive captivity, medical
aftereffects may be an issue.
 Positive Aftereffects – some hostages
may experienced positive effects of the
incident in which instead of having
lowered self-esteem, have heightened
self-esteem. They believed themselves to
be better people for having suffered and
endured captivity and it made them a
better person.
CRIMINOLOGICAL RESEARCH AND
STATISTICS
Meaning of Research
= scientific investigation of phenomena which
includes collection, presentation, analysis and
interpretation of facts that links man’s speculation
with reality.
= systematic, controlled, empirical and critical
investigation of hypothetical proposition about the
presumed relations among natural phenomena.
KINDS AND CLASSIFICATION OF RESEARCH
A. According to Purpose
1. Predictive or Prognostic Research – has the
purpose of determining the future operation of the
variables under investigation with the aim of
controlling or redirecting such for the better
2. Directive Research – determines what should
be done based on the findings this is to remedy
an unsatisfactory condition, if there is any
3. Illuminative Research – is concerned with the
interaction of the components of the variable
being investigated, as for example, “interaction of
the components of educational systems and aims
to show the connections among, for example,
students’ characteristics, organizational pattern
and policies, and educational consequences
B. According to Goal
1. Basic or pure Research – is done for the
development of theories and Principles.
2. Applied Research – is the application of the
results of pure search. This is testing the efficacy
of theories and principles. aims to test theories
and concepts developed for verification,
application, development and support and their
relationship to the existing fund of knowledge
C. According to the Level of Investigation
1. Exploratory Research – the researcher
studies the variables pertinent to a specific
situation.
2. Descriptive Research – the researcher
studies the relationships of the variables.
3. Experimental Research – the experiment
studies the effects of the variables on each other.
D. According to the Type of Analysis
1. Analytical Research – the researcher
attempts to identify and is isolate the components
of the research situation.
2. Holistic Research – begins with the total
situation. Focusing attention on the system first
and then on its internal relationships.
E. According to Scope – Under this category is
Action Research. This type of research is done
on a very limited scope to solve a particular
problem which is not so big. It is almost problem
solving.
F. According to Choice of Answers to
Problems
1. In Evaluation research, all possible courses of
action are specified and identified and the
researcher tries to find the most advantageous.
2. In developmental research, the focus is on
finding or developing a more suitable instrument
or process than has been available.
G. According to Statistical Content
1. Quantitative or statistical research – is one
in which inferential statistics are utilized to
determine the results of the study. Inferential
statistics such as correlation, chi-square, analysis
of variance, etc. are used to test the hypothesis.
This type of research usually includes comparison
studies, cause-and-effect relationships, etc.
2. Non-quantitative research – This is research
in which the use of the quantity or statistics is
practically nil. This is especially true in
anthropological studies where description is
usually used. Descriptive data are gathered
rather than quantitative data.
H. According to Time Element
1. Historical research describes what was.
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
2. Descriptive research describes what is.
3. Experimental research describes what will
be.
Steps in Scientific Method of Research
(Sequential)
1. Determining (recognizing) the problem
2. Forming a hypothesis
3. Doing the library search
4. Designing the study
5. Developing the instruments for collecting data
6. Collecting the date
7. Analyzing the data
8. Determining implications and conclusions fro
the findings
9. Making recommendations for further research.
Standard format of Thesis Writing
1. The Problem and the Setting
2. Related Literature and Studies
3. Methods of Research and Procedures
4. Analysis, Presentation, and Interpretation of
Data
5. Summary, Conclusions, and
Recommendations.
Principles of the Scientific Method
1. Rigid control – is the manipulation of the
research variables.
2. Objectivity – is that there should be no bias or
partiality in treating the result of inquiry.
3. Systematic organization – refers to proper and
accurate tabulation of data as well as presenting
them in statistical tables ready for interpretation.
4. Rigorous standards – refers to the setting up of
standards or principles which serve as Basis for
the evaluating the findings of a study. This also
refers to the accurate statistical computation and
interpretation of qualified data.
Three (3) Major Research Methods
Historical
Descriptive
Experimental methods of research
Attributes of Good Research Problem
S = Specific – specifically stated
M = Measurable – easy to measure by using
research instrument in collection of data
A = Achievable – data are achievable using
correct statistical treatment/techniques to
arrive at precise results
R = Realistic – real results are not manipulated
T = Time-bound – time frame is required in
every activity because the shorter completion
of the activity the better
Capsulizing Research Problem into Title
1. It should clearly and specifically stated
2. Variables investigated should by all means be
written as part of the title
3. Relationship between and among variables
should be indicated
4. Target population should be indicated in the
title to achieve specificity
5. It should have a maximum of twenty
substantive words.
6. Function words should not be placed at the end
of each line
7. Title must take the form of an inverted pyramid
Note:
Avoid redundancies like “A Review of…”,
“An Analysis of…”, An Evaluation of…”, “An
Assessment….” and the like because even
without those terms, the researcher will review,
evaluate, assess or analyze the problem posted
in the study.
Avoid Plagiarism
Plagiarism is an act of incorporating into one’s
work the work of another without indicating the
source
= the unacknowledged used of somebody else’s
words or ideas
= an act wherein the writer uses passages, ideas,
writings, and statements of others without giving
due credit
Construction of the Main Problem and Sub-
problem of the Study
1. The main problem of the study may be stated
by briefly pointing out the objectives, the subject
and the coverage of the study.
Ex. The study aimed to assess the acceptance of
an accurate polygraph results as evidence in
court.
2. Specify the sub-problems of the main problem.
Ex. Specifically, it sought to answer the following
sub-problems:
1. To what extent does the application of
polygraph examination affect the attainment of an
accurate results to be presented as evidence in
court in terms of:
1.1. examiner’s competency;
1.2. facility and instrument;
1.3. techniques and procedures;
and
1.4. subject’s condition?
Theoretical Framework
 Theoretical framework is the foundation of
the study.
 The theory should have a relationship with
the issues posted in the study
Types of Theories
1. Descriptive Theory = seeks to describe a
phenomenon
2. Prescriptive Theory = seeks to tell how and
sometimes why one should or ought to behave in
certain ways
Guidelines in Choosing Theory
1. Research must be well-founded on universally
accepted, known and tested theory, principles or
concepts.
2. Research may be anchored on several theories
available.
Presentation of Theoretical Framework
Ex. The framework of the study is anchored on
…………..……………
Conceptual Framework
= an illustration of how research problems are
generated from the theoretical framework of the
study
= it may be some sort of modification of the
theoretical framework or personally
conceptualized by the researcher
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
Presentation of Conceptual
Framework/Paradigm
1. The research paradigm must clearly show the
major impact of the cited theory on the variables
(dependent and independent variables) of the
study.
2. An existing theory may be capsulized in a
research paradigm which may be adopted with
some modifications.
3. There must be textual explanations of the
variables in the paradigm. Textual explanations
should come before the figure or paradigm.
Assumption and Hypothesis
1. Assumption = self-evident truth which is
based upon known fact or phenomenon. it is not
usually answered or proven because it is
assumed true or correct which are beyond the
control of the researcher.
Note: In historical and descriptive researches, it is
often times not explicitly expressed but left
implicit, that is, unwritten
2. Hypothesis = tentative conclusion or answer to
specific question raised at the beginning of the
investigation. It is an educated guess about the
answer to a specific question.
Types of Hypothesis
1. Descriptive Hypothesis = use to answer
descriptive questions
Ex. Sub-problem:
1. What is the profile of the polygraph examiners
of law enforcement agencies in terms of:
1.1. age;
1.2. marital status;
1.3. educational attainment; and
1.4. Length of Service
Ex. Hypothesis
“Majority of the respondents belong to the age
bracket of 30 to 40, male, college graduate and
about 20 years in service.”
2. Statistical Hypothesis = use to answer
questions on the relationship or differences of
data obtained in descriptive questions.
Forms of Statistical Hypothesis
1. Null Form = always the first temporary solution
to a problem
= basis of the action of acceptance or rejection
= the word null in mathematics means empty zero
= asserts that there is no significant difference or
relationship between the variable
= stated in negative
Ex. There is no significant difference between
2. Operational/Alternative (Ha) = stated in
affirmative
Three forms of alternative hypothesis:
1. non-directional hypothesis
2. positive directional hypothesis
3. negative directive hypothesis
Nondirectional Hypothesis – indicates that the
researcher is not interested on whether one
variable is greater or lesser than the other, but
only in the difference.
Ex. Drug A and Drug B have significant effects on
the cure of fever.
 Ha: A = B
Positive Directional Hypothesis
Ex. Drug A is more effective than Drug B on the
treatment of fever.
Ha: A > B
Negative Directional Hypothesis
Ex. Drug B is more effective that Drug A on the
treatment of fever.
Ha: A < B
Formulating Hypothesis
A hypothesis is formulated after the
problem has been stated and the literature study
has been concluded. It is formulated when the
researcher is totally aware of the theoretical and
empirical background of the problem.
Guidelines in the Formulation of Explicit
Hypothesis
In experimental investigations,
comparative and correlational studies, hypothesis
has to be explicit or expressed.
In descriptive and historical investigations,
hypothesis are seldom expressed if not entirely
absent. The specific questions serve as the
hypothesis.
Hypotheses are usually stated in the null
form because testing a null hypothesis is easier
than a hypothesis in the operational form.
Hypotheses are formulated from the
specific questions upon which they are based.
Ex. of Statistical Hypothesis
Sub-problem:
Is there any significant difference on the
assessment of the groups of respondents with
regards to the extent of application of polygraph
examination in the attainment to be accurate
results to be presented as evidence in court in
terms of examiner’s competency, facility and
instrument, techniques and procedures, and
subject’s condition?
Hypothesis:
The is no significant difference on the
assessment of the groups of respondents with
regards to the extent of application of polygraph
examination in the attainment of accurate results
to be presented as evidence in court in terms of
examiner’s competency, facility and instrument,
techniques and procedures, and subject’s
condition.
Research Designs
A. Qualitative Research Design = involves in
depth analysis of the problems. Its focused is to
provide accurate description of problems w/o
attempting to treat or employ sophisticated
statistical tools or describe problems.
Types of Qualitative Research
1. Historical = systematic and critical inquiry of
the whole truth of past events using the critical
method in the understanding and the
interpretation of facts, which are applicable to
current issues and problems.
2. Ethnographic = aims to provide a holistic view
of the problem. Data are gathered through
observation, interview and participation
3. Case Study = intensive investigation of a
particular individual, institution, community or any
group considered as a unit which includes the
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
development, adjustment, remedial, or corrective
procedures that suitably follow diagnosis of the
causes of maladjustment or of favorable
development.
B. Quantitative Research Design = its focused
is to describe problems descriptively and
numerically. It utilizes more statistical tests to
explain the nature, characteristics, relationships
and differences of variables.
Types of Quantitative Research
1. Descriptive = describes and interprets WHAT
is. It is concerned with conditions or relationship
that exist, practices that prevail, beliefs and
processes that are going on, effects that are
being felt or trends that are developing.
Sub-types of Descriptive Research
a. Descriptive-Survey = involves collection of
information on people, events and other topics of
interest to the researcher.
b. Descriptive-Documentary = involves content
analysis because the documentary technique
includes analysis of content. It is used when data
cannot be obtained through questionnaire or
observation.
2. Correlational = it measures the extent or
magnitude of association between two variables.
=measures the existing relationship of variables
=also known as Associational Research
3. Experimental = the researcher manipulates,
changes or alters the inputs or independent
variables to see the effects on the dependent
variables.
=most commonly used methods to advanced
scientific knowledge
Sampling Designs
A. Scientific Sampling = each member of the
population is given the chance of being included
in the sample.
Population = specific aggregation of the
elements
= also known as universe
Sample = representative portion of a whole
= subset of a population
Types of Scientific Sampling
1. Restricted Random = applicable only when
the population being investigated is homogenous.
2. Unrestricted Random = the best random
sampling design because no restriction is
imposed and every member of the population has
an equal chance of inclusion in the sample
3. Stratified Random = it divides first the
population into two or more strata. For each
stratum, the sample items were drawn at random
4. Systematic = a design which all individual in
the population are arranged in a methodical
manner, i.e. alphabetical or chronological (age,
experience) and the name may be selected in the
construction of the sample
5. Multistage = done in several stage, it can be
two-stage, three, four or five stage, etc…,
depending on the number of stages of sampling
to be used.
6. Cluster Sampling = population is group into
clusters or small units, for instance, block or
districts, and are selected by random sampling or
systematic sampling.
=advantageous when individuals in the districts or
blocks belong to the heterogeneous group
B. Non-Scientific Sampling = in this sampling
there is subjectivity on the on the part of the
researcher because not all the individual in a
population are given an equal chance of being
included in the sample
Types of Non-Scientific Sampling
1. Purposive = based on choosing individuals as
sample according to the purposes of the
researcher
2. Incidental = a design applied to those samples
which are take because they are most valuable
= the researcher simply takes the nearest
individual as subjects of the study until the sample
reaches the desired size
3. Quota Sampling = popular in the field of
opinion research due to the fact that it is done by
merely looking for individuals with requisite
characteristics
Research Instrument = a device designed or
adopted by researcher for data gathering
Classification of Research Instrument
1. Researcher Instrument = the researcher
obtains information or data himself with little or no
direct involvement of the other people
2. Subject Instrument = the information is
collected directly from the respondents
3. Informant Instrument = the information or
data is collected from those knowledgeable of the
subject matter
Commonly Used Instruments
1. Questionnaire = written or printed form
containing the questions to be asked on the
respondents.
Types of Questionnaire
a. Open-Ended = respondents are forced to
answer the questions asked in the questionnaire.
=best suited to a qualitative research study
b. Closed-Ended = also referred as guided
response type, closed form or restricted.
= respondents are guided in answering questions
= options may be provided like in multiple choice
test while answers are based on the rating scales
provided
2. Interview = involves face to face contact
between the interviewee and the interviewer
Types of Interview
a. Structured Interview = there is a set of
carefully prepared questions and their expected
answers are provided
b. Unstructured Interview = respondents are
free to express their opinions
= also termed as non-directive or informal
3. Observation = may be defined as perceiving
data through the sense: sight, hearing, taste,
touch and smell
=sense of sight is the most important and most
used
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
= most direct way and most widely used in
studying behavior
Types of Observation
a. Formal Observation = researcher makes a
guide on what to observe. Possible responses
may also be outlined
b. Informal Observation = needs critical
evaluation of the observation made to avoid
biased results
= recommended for qualitative research
Recording of Results of Observation
1. Checklist = contains the items to be observed
2. Rating scale = used in observing behavior
3. Anecdotal Forms = provides for the fewer
breakdowns of dimensions or factors
4. Mechanical Record = use of motion or still
pictures, sound recording
5. Stenographic Recording
Qualities of Good Research Instrument
1. Validity = degree to which a measuring
instrument measures what it intends to measure
Types of Validity
a. Content-Related Validity = refers to content
and format of the instrument which must answer
the following criteria: appropriateness; logical;
adequate; and, proper format
b. Criterion-Related Validity = refers to the
relationship between scores obtained using one
or more instruments or measures
c. Construct-Related Validity = refers to the
nature of psychological construction or
characteristics being measured by the instrument
2. Reliability = extent to which the instrument is
dependable, self-consistent and stable
=consistency of responses from moment to
moment
= even a person takes the same test twice, the
test yields the same results
= reliable test may not always be valid
3. Usability = otherwise known as Practicability
= degree to which the research instrument can be
satisfactorily used. It may be determined thru:
a. ease of administration
b. ease of scoring
c. ease of interpretation
d. low cost
e. proper mechanical make up
Statistics = science which deals with the
systematic process of collecting, organizing,
classifying, presenting, interpreting and analyzing
data
Types of Statistics
A. Descriptive Statistics = it is used to
determine the nature of variables without any
attempt to critically compare the extent of
relationships or differences with other variables
Tools of Descriptive Statistics
1. Frequency Counting/Distribution
2. Percentage
3. Ranking
4. Measures of Centralities
a. Mean
b. Median
c. Mode
d. Measures of Variability
B. Correlational Statistics = used to determine
the degree or magnitude of association between
two variables.
=treats bivariate and multivariate problems
Specific Measures of Correlational
1. Pearson Product Moment Coefficient (Pearson
r)
2. Spearman Rank-Order Coefficient of
Correlation (Spearman rho)
3. Kendall’s Tau Coefficient of Correlation
4. Kendall’s Coefficient of Concordance W
5. Point Biserial Coefficient of Correlation
6. Phi Coefficient of Correlation
C. Inferential Statistics = used when in making
inferences on the magnitude of differences of the
samples from a large universe.
= used in testing hypothesis like differences bet.
two or more variables
= treats bivariate and multivariate problems
Types of Inferential Statistics
1. Parametric Test = applicable when the data
measured is in interval or ratio scales
Types of Parametric
a. T-Test and Z-Test = used to determine two
variable means which differ significantly
b. F-test = (Analysis of Variance – ANNOVA)
used to determine significant differences
between three or more variables
2. Non-Parametric = used in ordinal or rank or
nominal data
Types of Non-parametric
a. Chi-Square Test (X2) = used to compare the
frequencies obtained in categorized variables
= used to determine the difference between three
or more variables
b. Mann-Whitney U-Test
c. Sign Test
d. Lambda
e. Kruskall-Wallis
f. Friedman Analysis of Variance
g. McNemar Test
Data Analysis = an examination of data or facts in
terms of quantity, quality, attribute, trait, pattern,
trend, relationship among others so as to answer
research questions which involve statistical
techniques and procedures
Types of Data Analysis
1. Univariate = tests a single variable to
determine whether the sample is similar to the
population from which it has been drawn
2. Bivariate = it tests two variables on how they
differ from each other
3. Multivariate = it tests three or more
independent variables at a time on the degree of
relationship with dependent variables
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
4. Normative = the results of the study is
compared with the norm
5. Status = stresses real facts relating to current
conditions in a group of subjects chosen for study
6. Descriptive = describes the characteristics,
compositions, structures that occur as units within
the larger structure
7. Classification = analysis which is usually
employed in natural science subjects
8. Evaluative = it appraises carefully the
worthiness of the current study
9. Comparative = the researcher considers at
least two entities and establishes a formal
procedure for obtaining criterion data on the basis
of which he can compare and conclude which of
the two is better
10. Cost-Effective = applicable in comparing the
cost between two or more variables and to
determine which of the variable is most effective
Interpretation of Data = an act or instance of
interpreting an explanation. This is done to give
meaning to data generated from the instrument to
answer the problems raised in the study
Levels of Interpretation
1. Table Reading
2. Implications or Meaning of Data
3. Cross referencing or corroboration wherein the
results are to be compared with the existing
knowledge or finished studies
THESIS FORMAT
Preliminary Pages
a. Title Page
b. Approval Sheet
c. Acknowledgment
d. Dedication
e. Table of Contents
f. List of Tables
g. List of Figures
h. Abstract
CHAPTER 1
THE PROBLEM AND ITS SETTNG
Introduction
 Presents the problem. What the
problem is all about
 Rational or reasons for conducting
the study
Setting of the Study
 Locality of the study. Place where
the study is to be conducted
Theoretical / Conceptual Framework
 Theoretical / conceptual foundation
of the study
Statement of the Problem
 General and specific statement of
the problem determined in the
study
Assumption or Hypothesis
 Self-evident truth based upon
known fact or phenomenon
(Assumption)
 Tentative conclusion or answer to
specific questions (Hypothesis)
Significance of the Study
  Contribution of the result of the
study to individuals, institutions,
administrators, society, etc…
Scope and Limitation of the Study
 Boundaries in terms of time,
sample, location (Scope)
 Weakness of the study beyond the
control of the researcher
(Limitation)
Definition of Terms
 It can be lexical or operational
definition or a combination thereof
of different terms used in the study
which are arranged alphabetically
CHAPTER 2
REVIEW OF RELATED LITERATURE AND
STUDIES
Foreign Literature
 Published articles from foreign
countries
Local Literature
 Locally published articles
Foreign Studies
 Foreign unpublished articles
Local Studies
 Locally unpublished articles
Synthesis
 Relevance of literature and
studies to the present research
CHAPTGER 3
RESEARCH METHODS AND PROCEDURES
Research Method
 Brief description and justification of
the research method used in the
study
Population and Sampling Scheme
 Brief presentation of the entire
population of the study and the
type of sampling techniques used
in selecting sample respondents
Description of the Respondents
 Contains detailed description of the
respondents as to age, sex, marital
status, nature of employment,
etc…
Research Instrument
 Explanation on how the instrument
used in gathering data was
develop as well as its detailed
description.
Validation of Instrument
 States brief discussion on how the
instrument was validated
 Instrument is tested on individuals
who are knowledgeable of the
subject matter but are not part of
the respondents of the study
Procedures in Gathering Data
 Contains the step by step
procedures used by the researcher
in reaching the respondents in
order to gather data
Statistical Treatment
 Contains discussion on the
statistics used in consonance with
Sociology of Crime, Ethics and Human Relations Compiled by Mr. Lorenzo Ramirez, RCrim
the specific problem and
hypothesis to be tested
CHAPTER 4
PRESENTATION, ANALYSIS AND
INTERPRETATION OF DATA
 Contains the answers to all the sub-
problems of the study
 Answers to the problems are stated one
by one according to the arrangement of
sub-problems for clarity and
understanding
 Answers are presented in textual and
tabular forms. Textual explanations come
after the tables
CHAPTER 5
SUMMARY OF FINDINGS, CONCLUSIONS
AND RECOMMENDATIONS
The introductory paragraph should contain
the summary of statement of the problem,
hypothesis as well as research design.
Summary of Findings
 Contains the specific
findings/results of the study
 Presented as they were organized
and categorized in the sub-
problems of the study
 Written in past tense
Conclusions
 Written in present tense
 Should be based on the findings of
the study
 Logical and valid outgrowth of the
findings
 Should not contain any numerals
from the findings
 Organized and categorized
according to the sub-problems
Recommendations
 An appeal to people or institutions
concerned to solve the problems
discovered in the study
 No recommendations that will be
made for problems that were not
discovered in the study
 Practical and attainable