Crim 1 Notes

CORDILLERA CAREER DEVELOPMENT COLLEGE
COLLEGE OF CRIMINAL JUSTICE EDUCATION

BUYAGAN, POBLACION, LA TRINIDAD, BENGUET
INTRODUCTION
TO
CRIMINOLOGY
PREPARED BY:
DENNIS M. BUTAG, MSCrim

JAYLO K. LACADEN, MSCJ
VIENCE Y. VILLANUEVA, MSCJ
LOURENCE B. MIGUEL
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AUGUST 2022
INTRODUCTION
Congratulations for being well-qualified and for choosing Bachelor of Science in
Criminology, a course that will lead you to a promising career in the public safety
profession in the future! Thank you also for choosing Cordillera Career Development
College to help you prepare for your future.
This course is the foundation subject of the BS Criminology Program. It means you cannot
proceed with the other major subjects without completing this course. We will be dealing
with the study of the development of Criminology; causes of crimes; characteristics of
crimes, criminals and victims; theory, policy, and practice in Criminology and the current
issues. It provides partial background information on criminal sociology, criminal
psychology, criminal justice administration, criminal law, law enforcement administration,
crime detection and investigation, criminalistics, and correctional administration. You will
be having more of them as you climb the ladder. It also presents the salient provisions of
RA 11131, The Philippine Criminology Profession Act of 2018.
Since we are on distance education mode of delivery, it is expected that you will exert effort
with utmost honesty and dedication in accomplishing this course. There are activities and
exercises throughout that will require you to stop and complete them before you move on.
The idea of that is to let you accept personal responsibilities for the development of useful
career skills. If you do make that effort, then you and others will reap the rewards.
Enjoy learning!
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ACKNOWLEDGEMENTS
The authors wish to express their gratitude to the Almighty for

everything that made this module possible;
To our families, your affection has been our strength and the reason we
persevere;
To CCDC President and other members of the administration, who

continuous support challenges us to improve;
To the faculty members of the College of Criminal Justice Education,

thank you for the encouragement and support;
To the students enrolled in this course, for you are the reason this
module was realized; and
The authors recognize all book writers as well as the websites they used
as part of their references towards the completion of this module.
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CONTENTS
Page
COURSE 1 WHAT IS CRIMINOLOGY?
What is Criminology? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Divisions and scope in the study of Criminology . . . . . . . . . . . . . . . . . . 6
What do Criminologists Do?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Brief Historical Development of Criminology . . . . . . . . . . . . . . . . . . . . . 10
FOUNDATION OF CRIMINOLOGICAL THOUGHT

COURSE 2 Theoretical Criminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Pre-Classical/Demonological Criminology . . . . . . . . . . . . . . . . . . . . . . . 13
Classical Criminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Positivist Criminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Neo-Classical Criminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Sociological Criminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Conflict Criminology/Socialist School . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Contemporary Criminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
WHAT IS CRIME?
COURSE 3 What is Crime? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
How Criminologists View Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Anatomy of Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Classifications of Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Why study crime? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
THE CRIMINALS AND THEIR VICTIMS

COURSE 4 The Criminal Formula . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
The Criminal and its Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Criminal behavior and its breeding ground . . . . . . . . . . . . . . . . . . . . . . 39
The victim and victimology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
LAW AND CRIME

COURSE 5 A Brief History of Criminal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Different Categories of Criminal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
The Elements of Criminal law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
THE CRIMINOLOGY PROFESSION IN THE PHILIPPINES

COURSE 6 Article I: Title, Policy, Objectives, Terms and Practice . . . . . . . . . . . . . . 47
Article II: Professional Regulatory Board for Criminologists . . . . . . . . . . 48
Article III: Examination, Registration, Certification and Licensure . . . . . 52
Article IV: Practice of Criminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Article V: Privileges of Registered Criminologists . . . . . . . . . . . . . . . . . 58
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BIBLIOHRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
GLOSSARY OF CRIMINOLOGICAL TERMS . . . . . . . . . . . . . . . 62
COURSE 1: WHAT IS CRIMINOLOGY?

LEARNING OBJECTIVES: At the end of this course, you will be able to:
1. Explain what is meant by the term criminology;
2. Distinguish each of its division;
3. Recognize the scope of studying it;
4. Value the importance and purpose of studying it;
5. Describe the role of criminologists; and
6. Discuss the historical development of criminology.
COURSE CONTENTS
1. What is Criminology?
2. Divisions and scope in the study of Criminology
3. Why study Criminology?
4. What do Criminologists Do?
5. Brief Historical Development of Criminology
WHAT IS CRIMINOLOGY?
- From its etymological standpoint, the term came from the Latin word “Crimen”,
which means accusation, and Greek “logia”, meaning study. So, from a linguistic
analysis, it literally means “the study of crime.
- It was coined in 1885 by Italian law professor Raffaelle Garofalo as

Criminologia. Theorist believes that the word criminology was coined in 1889 by
Frenchman anthropologist, Paul Topinard (Criminologie in French), to describe
the study of criminal body types within the field of anthropology.
- According to preeminent criminologists Edwin Sutherland & Donald Cressey,

Criminology is the body of knowledge regarding crime as a social phenomenon. It
includes within its scope the processes of making laws, breaking of laws, and of
reacting toward the breaking of laws.
- Criminology is also defined as the science which studies crime, forms of criminal
behavior, the causes of crime, the definition of criminality, and the social reactions
to criminal activity. Related areas of inquiry may include juvenile delinquency,
victimology, theories of prevention, policing and corrections (Sousa, 2008).
- To bring together the previous and the increasingly professional status of the
criminological enterprise, Schmalleger (2016) view criminology as an
interdisciplinary profession built on the scientific study of crime and criminal
behavior, including their manifestations, causes, legal aspects, and control.
- Republic Act 11131 defines criminology as the scientific study of crimes, criminals
and victims. It also deals with the prevention and solution of crimes.
- Lastly, in its broadest meaning, criminology is the body of knowledge regarding

crime, criminals, and the effort of society to prevent and repress them. This means
that criminology is a multidisciplinary/ interdisciplinary study/field of inquiry- that
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it draws knowledge from other disciplines such as biology, sociology, psychology
psychiatry, law, medicine, statistics, economics and political science in order to
provide an integrated approach in the study of crimes and criminal behaviors.
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THINK ABOUT IT …
 This chapter presents that criminology, as the study of crime, involves other
fields of study like law, victimology, policing, corrections, and the likes.
1. Why criminology is multi-disciplinary?
2. Is criminology a profession? If so, why?
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DIVISIONS & SCOPE OF STUDY IN THE FIELD OF CRIMINOLOGY
The study of criminology covers the following divisions:

1. Criminal Behavior or Criminal Etiology - an attempt at scientific analysis of the
causes of crime.
2. Sociology of law - Scientific analysis of the conditions under which penal or
criminal laws developed as a process of formal social control.
3. Penology or Correction - Concerned with the rehabilitation and treatment of
offenders.
4. Criminalistics - study of criminal things, or the sum total of all sciences in crime
detection.
5. Victimology – study of victims and damages.
The study of criminology also covers the following:

1. Study of the origin and development of criminal law or penal law.
2. Study of the causes of crimes and development of criminals
3. Study of the different factors that enhance the development of criminal behavior
such as:
a. Criminal demography - study of the relationship between the criminality
and population.
b. Criminal epidemiology - study of criminal behavior using methodological
techniques in public health purposely to prevent criminal behavior at the
population level.
c. Criminal ecology - study of criminality in relation to spatial distribution in
a community.
d. Criminal Physical Anthropology - study of criminality in relation to
physical constitution of man.
e. Criminal Psychology - study of human behavior in relation to criminality.
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f. Criminal Psychiatry - study of human mind in relation to criminality.
g. Victimology - study of the role of the victim in the commission of a crime.
4. Study of the various measures and methods accepted by society in cases of

violation of criminal law such as:
a. The detection of crimes.
b. The arrest or apprehension of criminals.
c. The prosecution of the suspected law violators.
d. The conviction of criminals in judicial proceedings.
e. The imprisonment, correction, and rehabilitation of the person convicted of
a crime.
f. The enforcement of laws, decree, rules, and regulations.
g. The administration of the police and other law enforcement agencies.
h. The maintenance of recreational facilities and other auxiliary services to
prevent the development of crimes and criminal behavior.
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THINK ABOUT IT …
 The study of criminology involves the study of factors that enhance the
development of criminal behavior. Are the factors more on social aspect or
on biological? Why?
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The field of criminology is also described as science in the following nature:

1. Applied science - Anthropology, psychology, sociology and other natural sciences
may be applied in the study of the causes of crime while chemistry, medicine,
physics, mathematics maybe utilized in crime detection.
2. Social science - considered a social science in as much as crime is a societal

creation and that it exists in the society.
3. Dynamic - criminology changes as social condition changes. Criminology

progresses in concordant with the advancement of other sciences that have been
applied to it.
4. Nationalistic - The study of crime must always be in relation with the existing
criminal law with in the territory.
According to Alviola (2014), the purpose of criminology is to offer well-researched and

objective answers to four basic questions:
1. Why do crime rates vary?
2. Why do individuals differ as to criminality?
3. Why is there variation in reactions to crime?
4. What are the possible means of controlling criminality?
WHAT DO CRIMINOLOGISTS DO?
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- The typical definition of a criminologist is “one who studies crime, criminals, and
criminal behavior. The term also describes those that are working in the criminal
justice field. According to Marvin Wolfgang and Franco Ferracutti, two noted
criminologists, “A criminologist is one whose professional training, occupational
role, and pecuniary reward are primarily concentrated on a scientific approach to,
and study and analysis of, the phenomenon of crime and criminal behavior.”
- The growing tendencies today is that the term criminologist is applied to academics,
researchers, and policy analysts with degrees who study crime, study trends, and
analyze societal reactions to crime.
- Highly skilled investigators, crime laboratory technicians, fingerprint experts, crime

scene photographers, ballistics experts, and others who work to solve particular
crimes were described as criminalists instead of criminologists. A criminalist is a
specialist in the collection and examination of the physical evidence of crime.
Police officers, corrections professionals, probation and parole officers, judges,
attorneys, and others who do the day-to-day work of criminal justice system as best
referred to as criminal justice professionals.
- According to Republic Act 11131 or otherwise known as “The Philippine

Criminology Profession Act of 2018”, a criminologist is a natural person who holds
a valid certificate of registration and an updated professional identification card as
criminologist issued by the Professional Regulatory Board for Criminologists and
the Commission on Higher Education pursuant to this Act.
The activities of criminologists include but are not limited to the following:
1. Data gathering and analysis
2. Crime pattern analysis and trend Identification
3. Theory construction
4. Hypothesis testing
5. Social policy creation
6. Public advocacy
7. Public service
8. Study of normal and abnormal behaviors
9. Scholarly presentations and publications
10. Education and training
11. Threat assessment and risk analysis
12. Service as an expert witness at trail or on other court proceedings
In the Philippines, the practice of criminology shall include, but shall not be limited to,
acts or activities performed (RA 11131):
1. In line with the practice of profession or occupation as a law enforcement
administrator, executive, adviser, consultant, officer, investigator, agent or
employee in any private or government agencies performing law enforcement and
quasi-police functions at the Philippine National Police (PNP), the National Bureau
of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA), the
Bureau of Fire Protection (BFP), the Bureau of Jail Management and Penology
(BJMP), the Provincial Jail, the Bureau of Corrections (BUCOR), the Probation and
Parole Administration (PPA), the Bureau of Internal Revenue (BIR), the Bureau of
Customs (BoC), the Bangko Sentral ng Pilipinas (BSP), other government and
private banks, the Philippine Postal Corporation (PPC), the Sea and Air Marshalls,
the VIP Security, Airport and Seaport Police, the National Intelligence Coordinating
Agency (NICA), the Intelligence Service of the Armed Forces of the Philippines
(ISAFP), and other intelligence service or agencies of the government exercising
similar functions;
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2. In line with the practice of teaching profession such as those performed by a
professor, instructor or teacher in any university, college or school duly recognized
by the government of any of the following professional and component subjects of
the criminology program: (1) Criminal Jurisprudence and Procedure; (2)
Criminalistics; (3) Law Enforcement Administration; (4) Crime Detection and
Investigation; (5) Correctional Administration; and (6) Criminal Sociology and
Ethics, and other technical and specialized subjects in the criminology curriculum
provided by the CHED;
3. As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned

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

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

agency on any aspect of criminological research or project involving the causes of
crime, children in conflict with the law, treatment of offenders, police operations,
law enforcement administration, scientific criminal investigation or public safety
and national security administration; and
6. As a private investigator, administrator, consultant or agent, or detective in any

private security and investigation agency organized under the laws of the
Philippines.
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THINK ABOUT IT …
As defined by RA 11131, criminologist is a natural person who holds a valid
certificate of registration as criminologist. Base from the discussions above, would
that be enough to make one a CRIMINOLOGIST? If so or if not so, why?
What about those who are not a holder of valid certificate of registration as
criminologists but are analyzing crime patterns, crime trends, and behaviors?
Aren’t they a criminologist also?
Criminologist is differentiated from criminal justice professionals. Given a choice,

which type of work would you like to do and why?
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BRIEF HISTORICAL DEVELOPMENT OF CRIMINOLOGY
The field of study has a long, rich history and has changed a lot. Below is a brief summary
of its development.
Demonological Criminology Classical school of Criminology

1
 People engage in crime because they  Late 1700s – late 1800s.
were possessed by the forces of evil.  enlightenment thinkers Cesare
Beccaria and Jeremy Bentham
 Freewill
Positivist Criminology Neo-Classical

2 3
 Cesare Lombroso  Raymond Saleilles & Gabriel Tarde
 Criminals are atavistic  People can be led by behavior, which
 Physical & Biological traits can be irrational
 Children, insanity, self-defense
Sociological Criminology Contemporary Criminology

4 5
 Mid-1950s  Offshoots of previous school of
 Chicago school of thought thoughts
 Environmental factors  Use of scientific approach
 Life course
Development of Criminology Profession in The Philippines
- The first ever educational institution offering the criminology course, is the
Philippine College of Criminology, at Sta. Cruz, Manila, formerly known as
Plaridel College.
- This pioneering College of Criminology became the educational institution for

scientific crime detection in the whole of Southeast Asia, in the 1950’s. In the early
part of 1960’s, criminology course was offered by the University of Manila, Abad
Santos College, both in Metro Manila, University of Visayas, Cebu City, University
of Mindanao, Davao City, University of Baguio.
- On January 15, 1983, Dean Cirilo M. Tradio organized and founded the Philippine
Educators Association for Criminology Education (PEACE), during the National
Conference of Criminology Deans and School Heads and Presidents, held at the
University of Negros Occidental-Recoletos, College of Criminology. The primary
objective of the PEACE is to professionalize criminology education in the context
of national development.
- Republic Act No. (RA) 6506 – the Act creating the Board of Criminology. This was
approved on July 1, 1972. On November 1988 – was the first board examination
(Criminology)
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- Republic Act (RA) 11131 - the Criminology Profession Act of 2018. It repealed RA
6506.
- PCAP - Professional Criminologist Association of the Philippines is the Accredited

Professional Organization of Criminologists.
REFERENCES
Alviola, A. & Canaman, J. (2014) Introduction to Criminology and Psychology of

Crimes. Wiseman Book’s Trading. Inc.
Brisman, A., Carrabine, E., & South, N. (2017). The Routledge Companion to
Criminological Theory and Concepts. Routledge
Delizo, DB. (2015). Criminal Sociology Review Materials. Prudence Research and
Review Center.
Edwardo, J.P. (2019) Introduction to Criminology 2nd Edition. St Andrews

Publishing House. Bulacan, Philippines.
Gonzalez, J. M. (2015) Epidemiological Criminology. Retrieved at https://doi.org/

10.1002/9781118519639.wbecpx001.
Manwong, R. (2008) Fundamentals of Criminology: third edition, Wiseman Books

Trading Inc.
Schmallenger, F. (2016). Criminology (3rd ed.). Pearson Education Inc.
Siegel, L. (2016). Criminology Theories, Patterns, and Typologies (12th ed.). Cengage
Learning
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COURSE 2 FOUNDATION OF CRIMINOLOGICAL THOUGHT
1. Summarize the theoretical perspectives of criminology;
2. Outline the history of the development of fundamental school of thoughts in
criminology; and
3. Distinguish the concept of the different schools of thought in criminology as well as
their major proponents.
COURSE CONTENTS
1. Theoretical Criminology
2. Pre-Classical/Demonological Criminology
3. Classical Criminology
4. Positivist Criminology
5. Neo-Classical Criminology
6. Sociological Criminology
7. Conflict Criminology/Socialist School
8. Contemporary Criminology
THEORETICAL CRIMINOLOGY
What is a Theory?
- It is made of clearly stated propositions suggesting relationships, often causal,
between events and occurrences being studied. It provides us with explanation
aiding our understanding of the phenomenon under study.
Theoretical Criminology is considered a subfield of general criminology and it is usually

the type of criminology studied in colleges and universities. It offers explanations for
criminal behavior. Criminologists have developed many theories to explain and understand
crime. The general theory of crime attempts to explain most forms of criminal conduct
through a single, overarching approach. This made some scholars criticize theories in
criminology as unclear and lacking in justifiable generality. On the other hand, an
integrated theory does not necessarily explain all criminality but merges concepts drawn
from different sources. It seeks to bring together the diverse bodies of knowledge that
represents the full array of disciplines that study crime.
Many socialist, however, insists that in order that criminological theories can be considered
as a theory, explanation must consist of sets of clearly stated, logically interrelated, and
measurable propositions. This challenges many criminologists today since it is a daunting
task to articulate a large collection of relatively formalized arguments into a general or
integrated form as Don Gibbons said.
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THINK ABOUT IT…
 Poverty: Is it the only cause of prostitution as well as drug trafficking?
Discuss why or why not.
From your answer, is there only one cause that explains why one commits crime?
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PRE-CLASSICAL / DEMONOLOGICAL THEORY
- The earliest theories of crime are religious theories. It is an idea that is rooted in
theological beliefs about warring supernatural forces in a cosmic battle between
good and evil. God-fearing people are pictured as saints and criminals or
transgressors are viewed as sinners. Below is the outline of key principles of this
theory.
a. Individuals were thought to be possessed by good or evil spirits, which
caused good or evil behavior.
b. Criminal behavior was believed to be the result of evil spirits and demons
something of natural force that controls his/her behavior.
c. Guilt and innocence were established by a variety of procedures that
presumably called forth the supernatural allies of the accused. The accused
were innocent if they could survive an ordeal, or if miraculous signal
appeared.
d. The use cruel torture to extract confession. Those convicted of violent or
theft crimes suffered extremely harsh penalty, including whipping,
branding, maiming, and execution.
- This approach continued into the 1700s until it was challenged in the enlightenment
era. Below are the major criticisms against it.
a. Unscientific theory - it is unscientific and irrational because no evidence
which may be scientifically admissible, can be adduced to support this
theory.
b. Irrational - Being unscientific theory, it is not based on any rational facts

and is by and large a projection of inner fear, sense insecurity coupled with
superstition.
c. Cruel and Barbaric Penal Code - as the theory of punishment of this school
is based on false belief that if the body of man is subjected to burns, cuts or
acidic substances inflict sever beating and pain, the demon will feel
compelled to quit the body.
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THINK ABOUT IT…
 Some claimed that the increase of criminality is the result of the decreased
spiritual values among the people. Hence, they suggested that the best cure
to crime is spiritual revival. Agree or disagree? Discuss your answer.
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CLASSICAL CRIMINOLOGY
- The enlightenment led to the development of this school of thought by Cesare

Beccaria and Jeremy Bentham (often considered the father of utilitarianism). They
began to argue for a more rational approach to punishment. They sought to
eliminate cruel public executions, which were designed to frighten people into
obedience. Reformers stressed that the relationship between crime and punishment
should be balance and fair. Below are the major arguments of this theory.
a. Individuals exercise freewill in making their decisions;
b. Individuals are rational beings who pursue their own interests by
attempting to maximize their pleasure and minimize their pain (known as
Utilitarian hedonism);
c. Individuals may engage in crime in pursuit of their self-interests unless they
are deterred by the threat of the swift, certain and appropriately severe
punishment.
- From the above principles, Beccaria and his followers proposed that:
a. In every society, people have free will to choose criminal or lawful
solutions to meet their needs or settle their problems.
b. Criminal solutions may be more attractive than lawful ones because they
usually require less work for a greater pay-off.
c. A person’s choice of criminal solutions may be controlled by his or her fear
of punishment.
d. The more severe, certain and swift the punishment, the better able it is to
control criminal behavior.
- The classical perspective influenced judicial philosophy, and sentences were geared
to be proportionate to the seriousness of the crime. The catch phrase was “let the
punishment fit the crime”.
- Rising crime rates and emerging evidences that punished offenders might be more
inclined to continue their criminal way led to the criticisms of this theory. Below are
some of the arguments against it.
a. Unfair - it treats all men as if they were robot without regard to the
individual differences and the surrounding circumstances when the crime is
committed.
b. Unjust - having the same punishment for first offenders and recidivists.
c. The nature and definition of punishment is not individualized.
d. It considers only the injury caused not the mental condition of the offender.
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THINK ABOUT IT…
 Classical thinkers said that the most crime is the result of rational decision
making. Are all crimes committed with planning? Are all offenders capable
of planning the crimes they commit? Discuss.
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POSITIVIST CRIMINOLOGY
- This replaced classical criminology by the end of 1800s. Positivism is associated

with the belief that all valid knowledge is acquired only through observation and not
through the mere exercise of reason or blind adherence to belief. It has its roots
from Auguste Comte (Father of Sociology) who proposed that social phenomena
could be observed, explained and measured in objective and quantitative terms.
Early positivism was built on two important principles:
1. An unflagging acceptance of social determinism, or the belief that human
behavior is determined not by the exercise of free choice but by causative
factors beyond the control of individual;
2. The application of scientific techniques to the study of crime and
criminology.
- Early positivist criminologists concentrated largely on biological factors and crime.

Below are the known early positivist criminologists.
1. Physiognomy - Giambattista della Porta & Johann Kaspar Lavater
~ Della Porta classifying humans on the basis of their resemblance to
animals. For example, men who look like donkeys are similar to
donkeys in their laziness and stupidity; men who resemble pigs
behave like pigs.
~ Lavater concluded that one could determine criminal behavior
through an examination of a person’s eyes, ears, nose, chin, and
facial shape.
2. Craniology – Franz Joseph Gall

~ The shape of the human skull was related to the personality and
could be used to distinguish criminals from normal men and
women.
3. Phrenology - Johann Spurzheim

~ Spurzheim, Gall’s student, also expanded the map of the brain
organs, developed a hierarchical system of the organs, and created a
model “phrenology bust” that depicted the location of the brain
organs.
4. The Italian School – Cesare Lombroso, Enrico Ferri, & Raffaele

Garofalo
~ Lombroso, the father of modern criminology, coined the term
atavism to suggest that criminality was the result of primitive urges
that survived the evolutionary process in modern-day human
throwbacks. He began to study the cadavers of executed criminals
in an effort to determine scientifically how criminals differed from
non-criminals. Lombroso was soon convinced that serious and
violent offenders had inherited criminal traits. These “born
criminals” suffered from “atavistic anomalies”. He classified
criminals as follows:
a. Born Criminals - there are born criminals, the belief that
criminal behavior is inherited.
b. Insane Criminals - are those who commit crime due to
abnormalities or psychological disorders. They become
criminal as a result of some change in their brains which
interferes with their ability to distinguish between right and
wrong.
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c. Epileptoid criminal – those suffering from mild disorder
(epilepsy).
d. Habitual Criminal – career offenders.
e. Criminaloid - career criminals and criminals of
opportunity without atavistic features and recognized the
potential causative roles of greed, passion and circumstance
in their behavior.
 Occasional criminal - those who don’t seek for the
crime but they are drawn into it because of
opportunity.
 Criminal by Passion - are individuals who are
easily influenced by great emotions like fit of
anger.
 Pseudo-criminals - those who kills in self-defense.
~ Lombroso’s ideas give rise to what is called today as criminal

anthropology. It is the scientific idea of relationship between
human physical characteristics and criminality. His companions
were Enrico Ferri and Raffaele Garofalo and they were known as
the “holy three” of criminology.
~ Enrico Ferri believed that criminals could not be held morally

responsible for their crimes because they did not choose to commit
crimes but, rather, were driven to commit them by conditions in
their lives. He identified three major factors to criminality:
a. Physical and geological environment
b. The individual
c. Social environment
~
Raffaele Garofalo traced the roots of criminal behavior not to
physical features but to their psychological equivalents, which he
called “moral anomalies”. According to this theory, natural crimes
are found in all human societies, regardless of the view of
lawmakers, and no civilized society can afford to disregard them.
Natural crimes are those that offender the basic moral sentiments of
probity (respect for the property of others) and pity (revulsion
against the infliction of suffering on others). He typified criminals
as follows:
a. Murderers - are those who are satisfied from vengeance/
revenge.
b. Violent Criminals - those who commit very serious
crimes.
c. Deficient Criminals - those who commit crime against
property.
d. Lascivious Criminals - those who commit crime against
chastity.
===============================================================
THINK ABOUT IT…
 Is there such thing as destined to be a criminal? Explain if so or if not so.
Page 16 of 64
5. Constitutional Theories – Ernst Kretchmer, William Sheldon, Patricia
Jacobs
~ It explains criminality by reference to offenders’ body types,
inheritance, genetics, or external observable physical
characteristics.
~ One of it is the somatotyping (classifying according to body type)
of Sheldon and Kretchmer.
 Endomorph – soft & round
 Mesomorph – athletic & muscular
 Ectomorph – Thin & fragile
 Balanced type – average built, not overweight and
exceedingly muscular
~ The XYY Supermale by Patricia Jacobs believes that normal male

possesses XY chromosomes while female possess XX. If a male
possesses an extra Y, he is identified as potentially violent.
6. Criminal Families – Sir Francis Galton, Richard Louis Dugdale, Arthur

Estabrook, Henry Goddard
~ Galton proposes that heredity (the passing of traits from parents to
child) can influence human behavior. It later contributed to
behavioral genetics, the study of genetic & environmental
contributions to individual variations in human behavior.
~ Later on, it encourages the movement of Eugenic criminology. It

accepted the idea of genetic determinism which is the belief that
genes are the major determining factor of human behavior.
7. Sociobiology – Edward Wilson

~ It applies the evolutionary theory to social behavior which believes
that social behaviors are shaped by natural selection. Natural
selection is the process through which populations of living
organisms adapt and change.
8. Twin Studies & Heredity – Karl Christiansen, Sarnoff Mednick

~ The combination of genetics, heredity, natural selection, and sexual
selection can produce biologically based differences in behavior.
~ Twin studies and heredity concluded that fraternal or dizygotic
(DZ) twins and identical or monozygotic (MZ) twins would display
similar behavioral characteristics despite variations in their social
environment.
NEO-CLASSICAL CRIMINOLOGY
~ Positivism was challenged in the 1970s that gives resurgence of classical ideals that
came to be referred as neo-classical criminology. It is a continuation of classical
crime theory tradition. Robert Martinson and Gabriel Tarde were some of the
proponents of this school of thought.
~ Classical crime theory completely concentrated on the criminal act and positivist
crime theory concentrated on the perpetrator. Neo-classical theory sought to
improve the stances towards perpetrators who should have an impact on the level of
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guilt and severity of punishment. Not all perpetrators should be treated in the same
fashion, because the evident differences exist among them.
~ This focuses on the importance of character (middle ground between total freewill
& hard determinism), the dynamics of character development, and the rational
choices that people make as they face are faces with opportunities for crime.
~ It asserted that certain categories of offenders such as minor, insane, incompetence

shall be treated leniently irrespective of their criminal act because these persons are
not capable of knowing what is right or wrong. The children and lunatics should not
be regarded as criminals and free from punishment and mitigating circumstances
must be taken into consideration.
===============================================================
THINK ABOUT IT…
 Minors who commit crime are basically exempted from criminal liability.
However, do you agree that minors who commit heinous crime be criminally
liable? Why?
===============================================================
SOCIOLOGICAL CRIMINOLOGY
- By mid-1950s, sociological theories had come to dominate criminology in which

crime are largely explained in sociological orientation. Its foundation can be traced
to the work of pioneering sociologist Adolphe Quetelet (1796-1874) and David
Emile Durkheim (1858-1917). Quetelet was a Belgian mathematician who (along
with a Frenchman, Andre-Michel Guerry) used social statistics that were just being
developed in Europe to investigate the influence of social factors on the propensity
to commit crime. In addition to finding a strong influence of age and sex on crime,
Quetelet uncovered evidence that season, climate, population composition and
poverty were also related to criminality. He was one of the criminologists who
linked crime rates to alcohol consumption. According to Durkheim’s vision of
social positivism, crime is normal because it is virtually impossible to imagine a
society in which criminal behavior is totally absent. Durkheim believed that crime is
inevitable because people are so different from one another and use such a variety
of methods and forms of behavior to meet their needs. Below are some of the
notable sociological theories that explains crime.
1. Lacassagne School - Alexander Lacassagne

~ He rejected the Lombroso’s theory of criminal type and of born
criminals and stressed the importance of social factors. However,
contrary to Durkheim’s social determinism, it did not reject
biological factors. Indeed, Lacassagne created an original synthesis
of both tendencies, influenced by positivism, phrenology and
hygienism, which alleged a direct influence of the social
environment on the brain. Furthermore, he criticized the lack of
prison, insisted on social responsibility toward crime and political
Page 18 of 64
voluntarism as a solution to crime and advocated harsh penalties for
those criminals thought to be unredeemable (recidivist).
2. The Chicago School - Robert Ezra Park, Ernest W. Burgess, Louis

Wirth, Florian Znaniecki
~ Chicago school sociologist argued that crime was not a function of
personal traits or characteristics but rather a reaction to an
environment that was inadequate for proper human relations and
development. Thus they challenged the widely held beliefs that
criminals were biologically or psychologically impaired or morally
inferior. Instead, crime was a social phenomenon and could be
eradicated by improving social and economic conditions.
~ In the 1920’s Park and Burgess identified five concentric zones
that often exist as cities grow, including the “zone of transition”
which was identified as most volatile and subject to disorder. Henry
Mckay and Clifford Shaw focused on juvenile delinquents, finding
that they were concentrated in the zone of transition.
3. Socialization Views.
~ During the 1930s and 1940s another group of sociologist began
conducting research that linked criminal behavior to the quality of
an individual’s relationship to important social processes such as
education, family life, and peer relations. They found that children
who grew up in homes wracked by conflict, attended inadequate
schools, or associated with deviant peers became exposed to pro-
crime forces.
- Sociological theories analyze institutional arrangements within society (that is,

social structure) and interaction among social institutions, individuals, and groups
(that is, social processes), as they affect socialization and have an impact on social
behavior (that is social life). Although sociological perspectives on crime causation
are diverse, most are built upon the following major principles:
1. Social groups, social institutions, the arrangement of society, and social
roles all provide the proper focus for criminological study;
2. Group dynamics, group organization, and sub-group relationships forms the
causal nexus out of which crime develop;
3. The structure of society and its relative degree or organization or
disorganization are important factors contributing to criminal behavior;
4. Although it may impossible to predict the specific behavior of a given
individual, statistical estimates of group characteristics are possible. Hence
the probability that members of a certain group will engage in a specific
type of crime can be estimated.
- In this theory, crime is:

1. The result of an individual’s location within the structure of the society;
2. The end product of various social processes, especially inappropriate
socialization and social learning;
3. The product of class struggle
===============================================================
THINK ABOUT IT…
 Why are crimes in urban places higher than in the rural?
Page 19 of 64
===============================================================
CONFLICT CRIMINOLOGY/SOCIALIST SCHOOL
- While most criminologists embraced either the ecological view or the sociological
view of crime, the writings of another social thinker, Karl Marx (1818-1883), had
sown the seeds for a new approach in criminology.
- In his Communist Manifesto and other writings, Marx described the oppressive
labor conditions prevalent during the rise of industrial capitalism. The most
important relationship in industrial culture is between the owners of the means of
production, the capitalist bourgeoisie, and the people who do the actual labor, the
proletariat (working class). The exploitation of the working class, he believed,
would eventually lead to class conflict and the end of the capitalist system.
CONTEMPORARY CRIMINOLOGY
- Generally, contemporary criminology is the application of various schools of

thought in criminology to the modern world. It means that they have evolved. For
example, Classical theory has evolved into modern Rational Choice Theory,
which argues that criminals are rational decision makers. Lombrosian Theory has
evolved into contemporary biosocial and psychological views. Criminologist no
longer believe that single trait or inherited characteristics can explain crime but
some are convinced that biological and psychological traits interact with
environmental factors to influence all human behavior, including criminality.
Biological and psychological theorists study the association between criminal
behavior and such factors as diet, hormonal makeup, personality, and intelligence.
The original Chicago School vision has been updated in social structure theory,
which maintains that the social environment directly controls criminal behavior.
According to this view people at the bottom of the social hierarchy, who cannot
achieve success through conventional means, experience anomie, strain, failure and
frustration; they are most likely to turn to criminal solutions to their problem. The
writings of Marx and his followers continue to be influential. Many criminologists
still view social and political conflict as the root cause of crime.
===============================================================
LET’S SUMMARIZE IT…
 How are early criminological thoughts contributed in today’s study of the
causes of crimes?
Page 20 of 64
REFERENCES

Review Center.


10.1002/9781118519639.wbecpx001.

Trading Inc.
Learning
Page 21 of 64
COURSE 3 WHAT IS CRIME?
1. Define crime and distinguish it from deviancy and delinquency;
2. Explain the anatomy of crime
3. Distinguish each crime typologies;
4. Differentiate each criminological perspective on crime; and
5. Outline the importance of studying crime, its effects, and causes.
COURSE CONTENTS
1. What is Crime?
2. How Criminologists View Crime
3. Anatomy of Crime
4. Classifications of Crime
5. Why study crime?
WHAT IS CRIME?
- Below are some of the definitions of crime.

a. Crime is any rational human conduct that violates a criminal law and is
subject to punishment (Adler, Mueler & laufer,1995)
b. Crime under the Philippine Law, refers to the act committed or omitted in
violation of public law forbidding or commanding it.
c. It is an act or omission in violation of a public law forbidding or
commanding it and for which punishment is imposed upon conviction
(American Heritage Dictionary)
d. Within the social context, crime is a behavior that violates the norms (any
standard or rule regarding what human being should or should not think,
say or do under given circumstances) of society- or more simply, antisocial
behavior or deviance.
- In line with sociological thought, though crime is as deviant behavior, deviant

behavior are behaviors that are regarded as “bad” but are not condemned by statute
or law. In addition, violations of criminal law and other misbehavior committed by
young people is called as delinquency, a term that is often associated with crime
and deviancy.
- Crime is also distinguished from sin and immorality. Though crime is seen as sin
and immoral act by some, there are distinctions. Crime is against the penal law of a
state while sin is against the spiritual or divine law. Crime is against the law of the
state while immorality is against the unwritten social norms in locality. Crime is
fixed by statute while immorality is not. Crime is usually nationalistic (except those
punishable by ordinances) while immorality is (usually) regional.
===============================================================
THINK ABOUT IT…
 Is there a crime that is not to be considered a sin and not to be described as
immoral? If so, what is it and why.
Page 22 of 64
HOW CRIMINOLOGISTS VIEW CRIME
The Consensus Perspective

- According to this view, crimes are behaviors believed to be repugnant to all
elements of society. The written code that defines crimes and punishment, reflects
the values, beliefs, and opinions of the mainstream society. The term consensus is
used because it implies that there is general agreement among a majority of citizen
of what behavior should be outlawed by criminal law and hence should be viewed
as crime.
- It is a belief that the majority of citizens in a society share common ideals and work
toward a common good and that crimes are acts that are outlawed because they
conflict with the rules and are harmful to society.
- This approach to crime implies that it is a function of the beliefs, morality and rules
established by the existing legal power structure. Hence, it applies only to
homogenous societies.
The pluralist Perspective

- It recognizes the importance of diversity in our society. It states that behaviors are
typically criminalized through a political process only after debate over the
appropriate course of action.
The Conflict Perspective

- This view states that human behavior is shaped by interpersonal conflict and that
those who maintain social power will use it to further their own needs. It depicts
society as a collection of diverse groups- business owners, workers, professionals,
students- who are in constant and continuing conflict. Groups able to assert their
political powers use the law and criminal justice system to advance their economic
and social position. Criminal law, therefore are viewed as acts created to protect the
haves from the have-nots.
The Interactionist Perspective

- The interactionist view of crime traces its antecedents to the symbolic interaction
school of sociology first popularized by pioneering sociologist George Herbert
Mead, Charles Horton Cooley and W.I Thomas. This position holds that
a. people act according to their interpretation of reality through which they
assign meaning to things;
b. they observe the way others react;
c. they reevaluate and interpret their own behavior according to the meaning
and symbols they have learned from others.
- Interactionist view of crime is a view that one’s perception of reality is significantly

influenced by one’s interpretation of the reactions of other to similar events and
stimuli. According to this view, the definition of crime reflects the preferences and
opinions of the people who hold social power and economic power, so-called moral
entrepreneurs, in a particular legal jurisdiction.
- According to this perspective, there is no object reality. People, institutions, and

events are viewed subjectively and labeled either good or evil according to the
interpretation of the evaluator.
- Moral entrepreneurs are interest groups that attempt to control social life and the
legal order in such a way as to promote their own personal set of moral values.
People who use their influence to shape the legal process in ways they see fit.
Page 23 of 64
===============================================================
THINK ABOUT IT…
 Why are divorce and same sex marriage legal in some countries and others
are not?
===============================================================
THE ANATOMY OF CRIME AND THE BREEDING GROUND OF CRIMINALITY
- For a crime to happen, there are three element or ingredients that must be present at
the same time and place. These are the Motive, the Instrumentality and the
Opportunity.
INSTRUMENTALITY OPPORTUNITY
CRIME
MOTIVE
Instrumentality
- It is the means one implements in the commission of the crime. It could be a
firearm, a bolo, a fan knife, and ice pick, poison or obnoxious substances, a crow
bar, a battery- operated hand drill for car napping, motor vehicle, etc. Both the
motive and the Instrumentality belong to and are harbored and wielded respectively
by the criminal.
Opportunity
- Consist of acts or commission by a person (victim), which enables another person
or, group of persons (criminals) to operate the crime. Examples include leaving
one’s home crime prone alley, wearing expensive jewelry in slum area, and readily
admitting a stranger into one’s residence and the like. Opportunity is synonymous
with carelessness, acts of indiscretion and lack of crime prevention-consciousness
on the part of the victim.
Page 24 of 64
Motive
- It Pertains to the reason or cause why person or group of persons will perpetrate a
crime. Examples are dispute, economic gain jealousy, revenge, insanity, thrill,
intoxication, drug addiction and many others.
- Whether a crime incident would happen or not, it will depend on the presence and
merging of Motive, Instrumentality and opportunity at the same time and the same
place. The absence of any one ingredient out of the three will mean that there shall
be no crime. The most that could happen is an accident arising out of reckless
imprudence, since there is no motive. A freak crime incident shall occur when all
three elements are present and merged at the same time and the place; but the victim
is not the intended one, due to mistaken identity.
The Breeding Ground of Criminality

- Influencing and interacting with these three ingredients of crime is the environment.
It encompasses the entire society and its milieu. For purposes of crime prevention
and control, the relevant factors or elements in the Environment that impinge on
crime could be classified into Exogenous and Indigenous Variables. Exogenous
Variables are those elements in the environment that are beyond the control of or
cannot be changed by man, such as weather, time, season, terrain, etc. They also
effect and interact with crime. However, they will be treated merely as assumptions
or givens in the anti-crime campaign, since they are beyond the control or influence
of man. Indigenous Variables refer to the factors or elements in the environment
that can be changed by man. These are of utmost importance of crime prevention
and control, because by changing or influencing them, crime is changed or
influence also in the desired manner or direction. Among others, the Indigenous
Variables that have the most impact and serve as the Breeding Grounds of crime,
are the following:
1. Poverty
The problem of massive poverty can be singled out as the primary
Breeding Ground or root-cause of crime in all underdeveloped countries,
including the Philippines. This is characterized by the widespread
unemployment, underemployment, low income and productivity,
malnutrition, big families and rapid population growth rates, low standard
of living and the like.
Because of poverty and its concomitant deprivations and hardships,

many become desperate and are forced by circumstances to resort to crime,
just so, they could alleviate or escape their miseries and frustration.
2. Ignorance
This factor is widespread among our people, who lack knowledge and
understanding about many things, which they should and are presumed to
know as citizens. Majority of our population does not know many of our
laws and their repercussions on themselves once they commit violations
thereof. They do not know many of their rights, the due process of law and
many other related matters. In fact, many of our hapless folks do not
know what democracy is all about and how many can make it work. This
results to a “crisis” of citizenship characterize by widespread apathy,
indifference, “spoon feeding syndrome", lack of discipline and self-restrain,
and the like.
This factor affects both the criminal and victims alike in many ways.
Because of scanty legal background and unaware of its repercussions, many
Page 25 of 64
criminals especially the first time offenders, readily perpetrated crime based
on mistaken notion or false belief. Many become victims of crime because
they are not aware of the modus operandi of crime syndicates and are not
crime prevention-conscious.
3. Injustice Abuses
This factor in itself already constitutes several crimes by
themselves. As if these were not enough yet, such that they serve to spawn
and breed more crime to happen as aftermath thereof. These constitute the
powerful motives for most of the crime against person perpetrated either by
the victims or their loved ones as cases of revenge or vendetta. Worse yet,
these could serve also as a way of prompting vendetta or silencing the
victims and/or their witnesses. The high propensity to avenge
injustices/abuses among Filipinos makes this factor abet crime in a very
potent violent manner.
4. Soft State
This pertains to a system of government characterized by non-
enforcement of several laws and ordinances, massive graft and corruption,
absenteeism on the part of government officials, lack of basic services and
other ugly symptoms. These give rise to the lack of discipline and
low regard for the laws by the citizenry, giving rise to a chaotic situation
that is prone to lawlessness and crime.
Illustrative examples are plenty. For monetary considerations or

plain laziness, traffic policemen or aides do not enforce traffic laws and
ordinances. Consequently, driver, passengers, and pedestrians alike violate
traffic rules and regulations left and right. From minor violations, gradually
these offenders shall be committing more and more serious infractions of
the laws, thereby abetting crime.
On the other hand, massive graft and corruption drains the coffers
of the government; which further worsens the lack of basic services. Poor
and very low administration of justice forces some victims to put the laws
into their hands. All these result to the poor credibility of the government,
which causes the lack of popular support. Due to lack of popular support,
the government becomes ineffective. All these also breed crime, one way
or the other.
5. Fear
This problem is so pervasive that it affects practically the entire
society, whether rich or poor. Various surveys show that about 50 percent
of the people are afraid, not only while they are on the streets; but also right
inside their homes. Kidnapping for ransom, bank robbery/hold up,
murders, homicide, crime against chastity and other heinous crime instill so
much fear among the citizenry.
Fear is an unseen force that breeds in many ways. Victims of

kidnap for ransom, especially the Chinese, are easily paralyzed into inaction
by the kidnappers; such that they will give in to the demands of kidnappers,
including that of not reporting the incident to the police. Victims of crime
and their witnesses are easily threatened to keep silent and not to file
charges and testify in court. Even when not actually threatened, many
victims and witnesses refuse to cooperate with the police in solving and
prosecuting crimes. As a result, many criminals go Scot-Free and are
Page 26 of 64
emboldened to perpetrate more crimes. As aptly stated by Edmund Burke,
“for evil to triumph, it needs only good men to do nothing,” like victims
and witnesses keeps quiet about crime.
6. Lost Family Values

Several family values that promote and nurture solidarity and love
within the family have been eroded and polluted by modernization.
The Western culture is making widespread and deep-seated in-roads into
the Philippine society through modern communication and the mass media.
Filipino values such as respect for and being obedient to parents are
compromised. Parents could hardly discipline and keep their children at
home. The practice of eating and praying together has been practically set
aside.
Lost family values loosened family ties, resulting in many broken

homes or families. As children are separated from their parents or reared by
single parents, they usually go wayward and become misguided. Many
become addicted to prohibited drugs, unwed and/or separated parents and
eventually become criminals or victims of crime.
7. Others
There are many other Indigenous Variables/Breeding Grounds of
crime. To cite a few, noteworthy are the following: Movies or television
shows that glorify criminals and show a lot of violence and lewd scenes
contribute to the rise of crime; Modern technology tends to increase the
capabilities of crime syndicates to perpetrate more crimes that are becoming
more difficult to bust and/or solve; Urbanization; and the like.
===============================================================
THINK ABOUT IT…
 As gleaned from the discussion above, exogenous variables in the
environment interacts with the three elements of crime. From that premise,
does weather condition, as exogenous variable, affects crime? If so, how?
===============================================================
WHEN IS THERE A CRIME?
- In order to say that a crime happened, the following must be present:

a. Harm. Social harm of a conscious voluntary nature is required; there must be
injury to the estate or people.
b. Legality- This has two aspects. First, the harm must be legally forbidden for a
behavior to be crime. Second, a criminal law must not be retroactive or ex
post facto law: (1) declares criminal act that was not illegal when it was
committed, (2) increases the punishment for a crime after its commission, or
(3) alters the rules of evidence in a particular case after the crime is
committed.
Page 27 of 64
c. Actus reus -The act itself or physical elements must take place specifically,
intentional or criminally negligent (reckless) action or inaction that causes
harm
d. Mens rea - “criminal intent, guilty mind”. The act is performed intentionally
e. Causation - The voluntary misconduct must be related to the harm. It must be
shown that the act or decision did directly or indirectly caused harm.
f. Concurrence - Criminal conduct and the criminal intent must come together.
g. Punishment - The act is prohibited by law and contains legally prescribed
punishment. “NULLUM CRIMEN NULLA POENA SINE LEGIS” (There is
no crime if there is no law punishing it). There must be statutory provision for
punishment or at least a threat of punishment.
CLASSIFICATIONS OF CRIME
- Like anything else, crime has several categories and/or classifications.
1. Offense- in the Philippines, an offense is an act or omission that is
punishable by special laws such as:
a. Republic acts
b. Presidential decrees
c. Executive orders
d. Memorandum circulars
e. Ordinances
f. Rules and regulations
A special law is a statute enacted by congress, penal in character, which is
not an amendment of the Revised Penal Code.
2. Felony- A felony is an act or omission that is punishable by the Revised

Penal Code (in case of the Philippines) or the Criminal law of a particular
country.
3. Misdemeanor/ Infractions/ Delinquency - It is an act that is in violation

of a simple rule or regulation, a minor violation of the law such as
violations of city or municipal ordinances. Delinquency usually refers to
those committed by minor offenders.
- Crimes are also generally classified as follows (Siegel, 2004; Cole and smith 2008):
1. Violent crimes- include crimes where intentional harm is inflicted against
another individual during the commission of the crime. Additionally,
violent crimes can include the threat of intentional harm.
2. Economic Crimes - white collar crimes & organized crimes
3. Public order crimes - crime which involves acts that interfere with the
operations of society and the ability of people to function efficiently. It is
behavior that has been labelled criminal because it is contrary to shared
norms, social values, and customs. It is the community that suffers.
- From the legal perspective, crime is classified as to:
The degree or severity of the offense:

1. Felonies- are the most serious class of criminal offense. They are generally
defined as crimes punishable by imprisonment of more than one year, and
the prison sentences are usually served in a federal or state penitentiary
rather than a county jail. Some examples of felonies include murder, rape,
burglary, kidnapping and arson.
Page 28 of 64
2. Misdemeanors - Misdemeanors are usually defined as crimes that carry a
maximum sentence of less than one year. Typical examples are shoplifting,
trespass and simple assault. In many cases, people who are convicted of
misdemeanors do not serve jail time but rather are ordered to pay a
monetary fine or perform court-ordered community service.
3. Infraction -The lowest-level criminal offenses. They normally carry no

potential jail time whatsoever, or at most a few days. Some examples
include littering and most traffic violations.
The nature of the acts prohibited:

1. Mala inse - offensive to morals as to be obviously criminal or evil such as
murder. The act is bad in its very nature.
2. Mala Prohibita - violations of specific regulatory statutes or these are acts

punishable because of a prohibiting statute. The act is a crime because it is
prohibited by law.
The manner of commission:

1. By means of dolo or deceit or malice - with deliberate intent. It requires
freedom, intelligence and intent.
2. By means of culpa or fault - there is no intent but thru imprudence and

negligence or lack of foresight or lack of skill.
The stages in the commission of crimes:

1. Attempted crime - There is an attempt when the offender commences the
commission of a felony directly by overt acts, and does not perform all the
acts of execution which should produce the felony by reason of some cause
or accident other than his own spontaneous desistance.
2. Frustrated crime - The offender performs all the acts of execution which
would produce the felony as a consequence but nevertheless, do not
produce it by reason of causes independent of the will of the perpetrator.
3. Consummated crime - All the elements necessary for its execution and
accomplishment are present.
The plurality of crimes:

a. Simple crime – a single act constitutes only one offense.
b. Complex crime – when single act constitute two or more grave or less
grave felonies or when an offense is a necessary means for committing the
other.
The gravity of penalty or offense:

a. Grave felonies- Are those which the law attaches the capital punishment or
penalties which in any of their periods are afflictive, in accordance with Art
25 of the RPC.
b. Less grave felonies - Are those which the law punishes with penalties
which in their maximum period are correctional.
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c. Light felonies - Are those infractions of law for the commission of which
the penalty of arresto menor or a fine not exceeding 200 pesos of both. Art
9, par.3 of RPC)
The basis of criminal act:

a. Crime against National Security and the Law of Nations
~ (Ex: Treason, Espionage, Piracy)
b. Crimes against the Fundamental Law of the State.
~ (Ex: Arbitrary detention, Violation of domicile)
c. Crimes against Public order
~ (Ex: Rebellion, Sedition, Coup de ’etat)
d. Crimes against Public Interest
~ (Ex: Forgery, Falsification, Fraud)
e. Crimes against Public Morals
~ (Ex: Gambling and betting, offenses against decency and good
customs like scandals, obscenity, vagrancy and prostitution.)
f. Crimes committed by Public Officers
~ (Ex: Malfeasance and Misfeasance)
g. Crimes against Person
~ (Ex: Murder, Rape, Physical injuries)
h. Crimes against property
~ (Ex: Robbery, theft, arson)
i. Crimes against Personal Liberty and Security
~ (Ex: Illegal detention, Kidnapping, Trespass to Dwelling, Threat
and Coercion.)
j. Crimes against Chastity
~ (Ex: Concubinage, Adultery, Seduction, Abduction, Acts of
Lasciviousness)
k. Crimes against Civil Status of Persons
~ (Ex: Bigamy and other Illegal Marriages)
l. Crimes against Honor
~ (Ex: Libel, Oral defamation)
m. Quasi-offenses or Criminal Negligence
~ (Ex: Imprudence and Negligence)
- In its criminological perspective, crime is classified as follows:
As to the result of crimes

1. Acquisitive crime - is one which when committed, the offender acquires
something as a consequence of his criminal act such as the taking of a
property belonging to another by thief, robbery, etc.
2. Extinctive crime - is one which when result of the criminal act is

destruction like arson, malicious mischief, etc.
As to the time or period committed

1. Seasonal crimes - are those that are committed only at a certain period of
the year like tax evasion which is usually prevalent during taxpaying
season. Pick pocketing is also a good example of this in which the incidence
is high in urban places particularly during festivals.
2. Situational crimes - are those that are committed only when given a
situation conducive to its commission such as date rape.
As to the length of time committed
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1. Episodic crimes - are serial crimes, they are committed by means of series
of act within a lengthy space of time such as smuggling, car thief and
kidnap for ransom.
2. Instant crimes - are those that are committed the shortest possible time
such as killing by shooting or stabbing.
As to the location of the commission

1. Static (not moving) crimes - are crimes that are committed only in one
place like rape, burglary and robbery.
2. Continuing crimes - are those that are committed in several places such as
rebellion, kidnapping, abduction, etc.
As to the use of mental faculties

1. Rational crimes - are crimes that are committed with intent; offender is in
full possession of his mental faculties/capabilities (normal person) like
premeditated killing or murder.
2. Irrational crimes - are committed without intent, offender does not know
the nature and quality of his action on account of mental disease such as
among abnormal person. Good examples of this crime includes those
committed by pyromaniac, kleptomaniac, serial killers, and serial rapists.
As to the type of Offenders

1. White collar crimes- are those committed by a person of responsibility and
of upper socio-economic class or the educated and talented in the course of
their occupational activities. Examples are abortion my medical
practitioners, falsification of documents by company executives, and
pyramid scams.
2. Blue collar crimes - are those committed by ordinary professionals to

maintain their livelihood. Usually the offender is uneducated or has no
acquired talent. Crimes of this type includes pick pocketing and simple
theft.
A to the standard of living of the offender

1. Upper world crimes - are those committed by individuals belonging to the
upper class of society or rich people. This type of crime includes
falsification of taxes by multi-million companies.
2. Under World crimes - are committed by members of the lower or under

privilege class of society or poor people. Examples of these are street theft
and robbery, and small time drug peddling.
- The other classifications of crime are as follows:

1. Crimes by Imitation - are crimes committed by merely duplication of what
was done by others such as those shown in the movies or television shows.
2. Crimes by passion - are crimes committed because of the fit of great

emotions such as anger, jealousy and hatred. Examples of these crimes are
murder, homicide, physical injuries, and even rape.
3. Service crimes - refer to crimes committed through rendition of a service to
satisfy desire of another. A good example is prostitution or indulging in
sexual intercourse for a profit.
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4. Genocide- a crime against humanity which involves the annihilation of
human population. It is the intentional action to destroy a people, usually
defined as an ethnic, national, racial, or religious group in whole or in part.
5. Transnational Crimes- these are violations of law that involve more than
one country in their planning, execution, or impact. Transnational crimes
can be grouped into three broad categories involving provision of illicit
goods (drug trafficking, trafficking in stolen property, weapons trafficking,
and counterfeiting), illicit services (commercial sex and human trafficking),
and infiltration of business and government (fraud, racketeering, money
laundering, and corruption) affecting multiple countries. Transnational
crimes are distinct from international crime, which involves crimes against
humanity that may or may not involve multiple countries. Examples of
international crimes are genocide and terrorism.
6. Environmental Crimes - acts that breach environment legislation and

cause significant harm or risk to the environment and human health.
Examples includes ivory trafficking and overfishing of protected species,
illegal logging and the dumping of hazardous waste. (Green criminology)
7. Cyber Crimes - Crime that involve computers and networks. Cybercrimes

are criminal offenses committed via the Internet or otherwise aided by
various forms of computer technology, such as the use of online social
networks to bully others or sending sexually explicit digital photos with a
smart phone. But while cybercrime is a relatively new phenomenon, many
of the same offenses that can be committed with a computer or smart phone,
including theft or child pornography, were committed in person prior to the
computer age.
8. Political Crimes – Criminal activities for ideological purposes; also serious

violations of laws that threaten the security or existence of the government.
Political crime refers to crimes committed or acts omitted that injure, or are
perceived as injuring, the state, the state's government, or the political
system. It is the attempt of the citizen to injure the state, at least in the
state's eyes. Political crime is defined in contrast to state crime, which refers
to criminal acts or omissions of the state itself, typically those against its
own citizens. Common political crimes include bribery, treason, sedition,
espionage, terrorism.
9. Family related Crimes - crimes within the family.
10. Patriarchal Crimes- those committed against women and children in the
name of traditional male dominance.
WHY STUDY CRIME?
- From its sociological standpoint, we need to study crime because:

1. Crime is pervasive – Crime as an associate of society affects almost all
people.
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2. Crime is expensive – the government and private sector spend an
enormous amount of money for crime detection, prosecution, correction and
prevention. Those expenses are other:
 Direct expenses – those spent by government or private sector for
the maintenance of the police and security guards for crime
detection, prosecution and judiciary, support of prison systems.
 Indirect expenses – those expenses utilized to prevent the
commission of crimes like the construction of window grills,
fences, gate, purchase of door locks safety vaults, hiring of
watchmen, feeding of watchdog, etc
3. Crime is destructive – many lives and properties have been lost and
destroyed.
4. Crime is reflective – crime rate or incidence in a given locality is reflective

of the effectiveness of the social defenses employed by the people primarily
of the police system.
5. Crime is progressive - increase in the volume of crime is on account of the

over increasing population. The increasing rate and their techniques show
the state of thinking of the society and its advancement.
HOW CRIMES ARE MEASURED? – Philippine Setting
- In the Philippines, the PNP (Philippine National Police), as the premier law
enforcement agency, acknowledges the important role of generating statistical crime
data in the overall assessment of crime trends in the country. Hence, the PNP
headquarters issued “Letter of Instruction: Unit Crime Periodic Report (UCPER)”
dated April 22,2009. This directive prescribed a uniform procedure in reporting and
collecting crime data reported to the different law enforcement agencies.
- As described in the said directive: “Crime statistics provide a mathematical

measure of the level or amount of crime that is prevalent in societies. The gathered
crime data would help the law enforcement sector present an accurate crime
situation of the country.”
- The two Mechanics in Collecting Statistical Crime Data are the:

1. National Crime Reporting System (NCRS)- concerned more with the
details of the crime such as victim’s data, offender’s data, among others.
2. Police Regional Office Periodic Report (PROPER)- mainly concerned

with what happened, where, to whom, why, and the results of investigation.
- Terms below provides a better understanding on how crimes are measured:

Crime Volume - is the number of crime incidents committed in a given area over a
period of time which include the index and non-index crimes.
[Crime Volume =Index Crime + Non-Index crime]
Population - is the number of inhabitants in a given area. The figure to be used is
the major assumption as per the records from the National Statistics Office (NSO),
now the Philippine Statistical Authority (PSA).
Crime Rate - is the number of crime incidents in a given period of time for every
100,000 inhabitants of an area.
Crime Rate = Crime Volume/Population X 100,000
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Index Crime - are crimes which are serious in nature and which occur with
sufficient frequency and regularity that they can serve as an index to the crime
situation. Only the crimes of murder, homicide, physical injury (serious and less
serious), carnapping, cattle rustling, robbery, theft and rape are considered as index
crime.
Solved cases - NAPOLCOM M.C. No. 94-017 provides that a case shall be
considered solved:
1. When the following elements occur: the offender has been identified; there
is sufficient evidence to charge him; the offender has been taken into
custody; and the offender has been charged before the prosecutor’s office or
court of appropriate jurisdiction.
2. When some elements beyond police control prevents the arrest of the
offender, such as when the victim refuses to prosecute after the offender is
identified or the offender dies or absconds.
Cleared case - A case shall be considered cleared when at least one of the offenders
has been identified; there is sufficient evidence to charge him; and he has been
charged before the prosecutor’s office or any other court of appropriate jurisdiction,
included in this category are solved cases.
Crime Solution Efficiency (CSE) - is the percentage of solved cases out of the
total number of crime incidents handled by the law enforcement agencies for a
given period of time. [CSE= Solved Cases/Crime Volume x 100%]
Crime Clearance Efficiency (CCE) - is the percentage of cleared cases out of the
total number of crime incidents handled by law enforcement agencies for a given
period of time. [CSE= CC/CV x 100%]
Police Blotter – it shall serve as the main source of crime data for submission and
shall be the basis for preparing and accomplishing the Unit Periodic Report and
NCRS Form. The Chief of Police is primarily responsible for the maintenance of
accurate crime data. He must ensure that crime data are gathered from all sources,
such as: Barangay, NBI, PDEA, BFAR, DENR, DSWD, BUCUS, BI, and other
agencies with the law enforcement functions in the locality. Accuracy and integrity
of crime recording processes must be ensured by the Chief of Investigation Section
and crime Registrar.
===============================================================
SUMMARIZE IT
 Why do we need to study crime? Why is it necessary to measure crime?
REFERENCES
Albenese, J.S. (2017). Transnational Crime. https://www.oxford
bibliographies.com/view/document/obo-9780195396607/obo- 9780195396607-
0024.xml. Retrieved on August 3, 2020
Page 34 of 64
Review Center.


10.1002/9781118519639.wbecpx001.

Trading Inc.
Margaret, R. Cybercrime. https://searchsecurity.techtarget.com /cybercrime. Retrieved

on August 3, 2020
Learning
Tradio, C. (1999) Introduction to Criminology with Victimology, Centalprofessional Books

INC. Quezon City, Philippines.
COURSE 4 THE CRIMINALS AND THEIR VICTIMS

1. Describe what criminal is;
2. Explain the criminal formula;
3. Distinguish each classification of criminal;
4. Outline the explanation of criminal behavior and the factors contributing to it; and
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5. Analyze the victim’s role in crime process.
COURSE CONTENTS
1. The Criminal Formula
2. The Criminal and its Classification
3. Criminal behavior and its breeding ground
4. The victim and victimology
THE CRIMINAL FORMULA
- In explaining the birth of criminal behavior, we must consider three factors:

1. Criminal tendency (T)
2. The total situation (S)
3. The person’s mental and emotional resistance to temptation (R)
T +S
C=
R
Where:
 C - Crime/ Criminal behavior (the act)
 T - Criminal Tendency (desire/intent)
 S - Total Situation (opportunity)
 R - Resistance to Temptation (control)
- The formula shows that a person’s criminal tendency and his resistance to them may
either result in criminal act depending upon, which of them is stronger. This means
that a crime or criminal behavior exists when the person’s resistance is insufficient
to withstand the pressure of his desire or intent and the opportunity.
- In understanding this, the environment factors such as stress and strains are
considered because they contribute in mobilizing a person’s criminal tendency and
the individual’s psychological state while resistance to temptation arises from the
emotional, intellectual and social upbringing and is either manifestation of strong or
weak character.
- Other explanation of criminality can be gleaned from the Steven Giannell’s

Criminosynthesis Theory which states that the reason why a person may commit a
crime and inhibit himself from doing so under the following conditions:
1. Need Frustration - the person before committing the crime is likely to feel
unhappy, unsatisfied, resentful or angry about something or in particular or
about life in general.
2. Internal Inhibition- It refers to all types of internal forces which may

prevent a person from committing a crime. Ex. respect.
3. External Inhibition- This refers to all type of external forces which may
prevent an individual from committing crime. Ex. disgrace in the
community or punishment.
4. Contact with Reality - This refers to the extent to which the person can
learn from his past experiences, especially his past mistake and foresee the
consequence of his present action in relation to his future.
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5. Situation Crime Potential (opportunity)-This refers to the cultural
opportunity to commit the crime, that is to the easiness or possibilities to
commit a crime offered by a given place, situation person or environment.
6. Potential Satisfaction- This refers to the balance and loss that a person
may experience if he commits a given crime. If a person has nothing to lose,
he is more likely to commit the crime.
THE CRIMINAL AND ITS CLASSIFICATION
- A criminal may be defined in the 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
referred or reported to the police for investigation.
2. In legal sense, a person may be 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.
- In its social context, a criminal is a person who violated a social norm or one who
did an anti-social act. Whereas in its psychological context, a criminal is a person
who violated rules of conduct due to behavioral maladjustment.
- Criminals are classified as follows:
On the basis of etiology:

1. Acute criminal– person who violated criminal law because of the impulse
of the moment, fit of passion or anger or spell of extreme jealousy.
2. Chronic criminal– person who acted in consonance with deliberate

thinking.
On the basis of behavioral system:

1. Ordinary criminal– the lowest form of criminal career, they engage only
on conventional crimes which require limited skill and they lack
organization to avoid arrest and convictions.
2. Organized criminal- these criminal has a high degree of organization to

enable them to commit crimes without being detected and committed to
specialized activities which can be operated in large scale business such as
racketeering, control of gambling, prostitution and distribution of dangerous
drugs.
3. Professional criminal– they are highly skilled and able to obtain

considerable amount of money without being detected because of
organization and contact with other professional criminals. These offenders
are always able to escape conviction. They specialize in the crime which
requires skill games, pick-pocketing, shoplifting, sneak thievery,
counterfeiting and others.
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On the basis of activities:
1. Professional criminal– those who earn their living through criminal
activities.
2. Accidental criminal– those who commit criminal act as a result of

unanticipated circumstances.
3. Habitual criminal– those who continue to commit criminal acts for such
diverse reason due to deficiency of intelligence and lack of self-control.
4. Situational criminal– those who are actually not criminals but constantly in
trouble with legal authorities because they commit robberies, larcenies, and
embezzlement which are intermixed with legitimate economic activities.
On the basis of mental attitudes:

1. Active aggressive criminal– those who commit crime in an impulsive
manner usually due to the aggressive behavior of the offender. Such attitude
is clearly shown in crimes of passion, revenge and resentments.
2. Passive inadequate criminal– those who commit crimes because they are
pushed to it by inducement, by reward or promise without considering its
consequence.
3. Socialized delinquent– those who are normal in their behavior but merely
defective in their socialization processes. To this group belongs the
educated respectable member of society who may turn criminal on account
of the situation they are involved.
According to the Revised Penal Code

1. Habitual delinquent - is a person who, within a period of ten years from
the date of his release or last conviction of the crimes of serious or less
serious physical injuries, robbery, estafa, or falsification, is found guilty of
any of the said crimes for the third time or oftener.
2. Recidivist - is one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced in
the same title of the Revised Penal Code.
3. Quasi-recidivist - is one who commits another crime after having been

convicted by final judgment of a crime falling under either the Revised
Penal Code or Special law, before beginning to serve such sentence or
while serving the same.
THE CRIMINAL BEHAVIOR
- Criminal behavior is an intentional behavior that violates a criminal law. Criminal

behavior may also refer to the study of the human conduct focused on the mental
processes of the criminal.
- Below are some of the Approaches and Methods in the Study of Criminal
Behavior
1. The Biological Approach

- It studies criminal through biological perspectives.
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2. Psychogenic Approach
- Emphasis is based on linking criminal behavior to mental state,
especially mental evidenced disease; mental disorders, pathologies, and
emotional problems and they repeatedly assert that crime is the
outcome of criminal mind. The root cause of the criminal behavior
neither environmental nor biological seems to be unclear.
3. Multifactor Approach-Different crimes are result of different combination of

the factors.
- Multiple Factor Theory and Eclectic Theory viewed criminal behaviors are
caused by several factors as opposed to uni-causal cause which viewed that
criminal behavior is caused by single factor.
===============================================================
THINK ABOUT IT…
 The criminal formula states that if resistance is strong, crime may not
happen. Does it apply to Kleptomaniac (uncontrollable urge to steal) and or
Pyromaniac (uncontrollable urge to set something on fire)? How can they
prevented then to commit crime?
===============================================================
THE BREEDING GROUND OF CRIMINAL BEHAVIORS
- Aside from what was discussed in course 2, the general study of crime and criminal
behavior involves the following approaches.
Subjective approaches
1. Anthropological approach - the study on the physical characteristic of an
individual offender with non- offenders in the attempt to discover difference
covering criminal behavior.
2. Medical approach - the application of medical examinations on the

individual criminal to explain the mental and physical condition of the
individual prior and after the commission of the crime.
3. Biological approach - the evaluation of genetic influences to criminal
behavior. It is noted that heredity is one force pushing the criminal to
commit crime.
4. Physiological approach - the study on the nature of human being concerning

his physical needs in order to satisfy his wants. It explains that the
deprivation of physical body on the basic needs is an important determiner of
the commission of crime.
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5. Psychological approach - it is concerned about the deprivation of the
psychological needs of man, which constitute the development of deviations
of normal behavior resulting to unpleasant emotions.
6. Psychiatric approach - the explanation of crime through diagnosis of mental

diseases as a cause of the criminal behavior.
7. Psychoanalytical approach - the explanation of crime based on the Freudian

Theory, which traces behavior as the deviation of the repression of the basic
drives.
Objective Approaches
1. Geographic approach - this approach considers topography, natural
resources, geographical location and climate lead an individual to commit
crime. (Quetelet)
2. Ecological approach - it is concerned with the biotic grouping of men

resulting to migration, competition, social discrimination, division of labor
and social conflict as factors to crime. (Park)
3. Economic approach - it deals with the explanation of crime considering

financial security or inadequacy of the necessities to support life as factors
to criminality.
4. Socio-Cultural approach - those that focus on institutions, economic,

financial, education, political and religious influences to crime.
Contemporary approaches - Modern days put emphasis on scientific modes of

explaining crime and criminal behavior. This approach is focused on the
psychoanalytic, psychiatric and sociological explanations of crime in an integrated
theory.
- Various factors were identified by many criminologists to have contributed in

criminality and criminal behaviors. It is categorized as Geographic, Biologic,
Psychoanalytic and psychiatric, Sociologic, and other Criminogenic factors.
Geographic factors
a. North and South Pole
b. Approach to the Equator
c. Season of the Year
d. Soil Formation
e. Month of the Year
f. Temperature
g. Humidity and Atmosphere Pressure
h. Wind Velocity
Biological factors
a. Heredity
b. Endocrine glands or constitutional elements of the body with certain
personality disorder, and
c. Anatomical structure or physical disease or disorder.
Psychoanalytic and Psychiatric Factors

a. Mental Disturbance / Deficiency
 Idiot
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 Imbecile
 Feeble-minded Person
 Schizophrenia
 Compulsive Neurosis
 Psychopathic Personality
 Epilepsy
Sociological Causes of Crimes

a. Lack of Parental Guidance
b. Broken Homes and Family
c. Injuring Status of Neighborhood
d. Bad association with Criminal Groups
e. Lack of Recreational Facilities for Proper use of Leisure Time
f. Lack of Employment
THE VICTIM
- The study of victims of crimes and their contributory role, if any, in crime causation
is referred to as victimology. Criminologists who focus their attention on crime
victims refer to themselves as victimologists.
- Victims means the person or persons who have suffered financial, social,
psychological or physical harm as a result of an offense, and includes, in the case of
any homicide, an appropriate member of the immediate family of any such person.
People are victims if and only if:
a. they have suffered a loss or some significant decrease in well-being unfairly
or undeservedly and in such a manner that they were helpless to prevent the
loss;
b. the loss has an identifiable cause; and
c. the legal or moral context of the loss entitles the sufferers of the loss to
social concern.
- A number of different theories attempt to explain the causes of victimization. Some

are discussed below.
Victim Precipitation Theory

- According to this theory, some people may actually initiate the
confrontation that eventually leads to their injury or death. Victim
precipitation can be either active or passive. Active precipitation
occurs when victims act provocatively, use threats or fighting words, or
even attack first. Passive precipitation on the other hand occurs when
the victim exhibits some personal characteristics that unknowingly
either threatens or encourages the attacker.
Lifestyle Theory
- Victimization is not a random occurrence but rather a function of the
victim’s lifestyle. This theory believed that people may become crime
victims because their lifestyle increases their exposure to criminal
offenders.
Deviant Place Theory
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- The greater the exposure to dangerous places, the more likely people
will become victims of crime and violence.
Routine Activities Theory

- The view that crime is closely related to the interaction of three
variables:
a. The availability of suitable targets, such as homes containing
easily salable items
b. The absence of capable guardians, such as police, home
owners, neighbors, friends, and relatives
c. The presence of motivated offenders, such as large number of
unemployed individual
- As a result of victimization, victims faced problems such as follows:

a. Economic costs – victim’s, CJS’s
b. Individual costs such as stress, fear, and the likes
- Victims needed to be cared of. As such, there are government programs to address
the effects of victimization. Some of the following are
a. Victim compensation (RA 7309)
b. Victim advocacy
c. Helping women and child abuse victims
d. Crisis Interventions
e. Victim-Offender Reconciliation programs
f. Victims Protection
g. Legal Services
h. Health services
i. Counseling
j. Victims’ rights
- Victims of crime' play a critical role in the criminal justice system. The victim often
provides eyewitness information to the police, which aids in the capture of suspects.
Furthermore, prosecutors and judges tend to rely heavily on a victim's testimony in
court. Basically, they perform these roles:
a. Victim involvement at the plea-bargaining stage; and
b. Victim involvement at parole hearings
===============================================================
DISCUSS IT…
 Who’s more to blame: The criminal or the victim?
REFERENCES

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Page 43 of 64
COURSE 5 LAW AND CRIME
1. Outline the development of criminal law;
2. Analyze the different categories of law;
3. Synthesize the different purposes of criminal law; and
4. Differentiate the elements of the criminal law
COURSE CONTENTS
1. A Brief History of Criminal Law
2. Different Categories of Criminal Law
3. The Elements of Criminal law
A BRIEF HISTORY OF CRIMINAL LAW
1. Hammurabi (1792 – 1750)

- The 6th king of Babylon created the most famous set of written laws of the
ancient world known as the Code of Hammurabi.
- The code established a system of crime and punishment base on physical

retaliation popularly known as “an eye for an eye”.
2. Mosaic Code of the Israelites

- According to tradition, God entered into covenant or contract with the tribes
of Israel in which they agreed to obey His law as presented by Moses, in
return for God’s special care and protection. There were 613 laws from the
Old Testament including the 10 commandments
- It became the foundation of Judeo-Christian moral teaching as well as the

basis of US legal system.
3. Early German and Anglo-Saxon legal system

- It features monetary compensation for criminal violations. Two methods
were performed to determine guilt.
a. Compurgation – the accuses swore an oath of innocence with the
backing of 12-25 oath helpers who would attest to his/her character
and claim innocence;
b. Trial by Ordeal – it was based on the principle that divine forces

will not allow an innocent person to be harmed. Another version of
it is the trial by combat where the accused is allowed to challenge
the accuser to a duel and the outcome will determine the legitimacy
of the accusation.
4. The Common Law

- The Royal Judges will travel throughout England and hold court sessions in
each shire several times in a year. They will decide base from the local
custom and rules of conduct as their guide. Court were bound to follow the
law established in previous cases unless revoke by a higher authority.
- If a new rule was successfully applied in a number of different cases, it
would become the precedent to be applied commonly in all similar cases.
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Hence the term common law. In this time, the crimes mala in se and mala
prohibitum were categorized.
CATEGORIES OF CRIMINAL LAW
1. Substantive Criminal Law

- The branch of law that defines crimes and their punishments.
2. Procedural Criminal Law

- The laws that set out the basic rules in the criminal justice system such as
rules of evidence, rules on arrest, search, and seizure.
3. Civil law
- The set of rules governing relations between private parties, including both
individual or organizations.
4. Public or Administrative law

- The branch of law that deals with the government and its relationships with
individuals or other governments. It governs the administration and
regulation of city, state, and government agencies.
PURPOSES OF CRIMINAL LAW
1. Enforcing social control – prohibit behaviors that threatens societal wellbeing
2. Discouraging revenge – it shifts the burden of revenge from the victim to the state
3. Expressing public opinion and morality – laws reflects public opinions and moral
values
4. Deterring criminal behavior – it can control, restrain, and direct human behavior
because of its sanctioning power.
5. Punishing wrongdoing
6. Maintaining social order
7. Providing restoration – victims deserve restitution or compensation for their pain

and loss
THE ELEMENTS OF CRIMINAL LAW
1. Actus Reus – the guilty actions must be voluntary

2. Mens Rea – it must have done with criminal intent
3. Strict Liability – the accused is guilty simply by doing what the statutes prohibit.
- Failure to act is considered a crime in certain instances like:

a. Relationship of the parties between status;
b. Imposition by statute
c. Contractual relationship
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REFERENCES
Learning
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COURSE 6 THE CRIMINOLOGY PROFESSION IN THE PHILIPPINES
1. Outline the salient features Criminology Profession Act of 2018 – RA 11131;
2. Explain Criminologists Licensure Examination, registration and certification;
3. Enumerate the possible employment of a Criminologists in government or private
practice;
4. Value the privilege of a registered criminologists; and
5. Internalize the proper practice of a professional criminologist.
COURSE CONTENTS
1. ARTICLE I: Title, Policy, Objectives, Terms and Practice
2. ARTICLE II: Professional Regulatory Board for Criminologists
3. ARTICLE III: Examination, Registration, Certification and Licensure
4. ARTICLE IV: Practice of Criminology
5. ARTICLE V: Privileges of Registered Criminologists
REPUBLIC ACT No. 11131
An Act Regulating The Practice Of Criminology Profession In The Philippines, And

Appropriating Funds Therefor, Repealing For The Purpose Republic Act No. 6506,
Otherwise Known As "An Act Creating The Board Of Examiners For Criminologists In The
Philippines"
ARTICLE I: Title, Policy, Objectives, Terms and Practice

1. Section 1. Title. - This Act shall be known as "The Philippine Criminology
Profession Act of 2018".
2. Section 2. Statement of Policy. - The State recognizes the importance of

criminology profession in national security, public safety, peace and order, and in
nation-building and development. Hence, it shall develop and nurture competent,
virtuous, productive and well-rounded criminologists whose standards of
professional practice and service shall be excellent, qualitative, world-class and
globally competitive through sacred, honest, effective and credible licensure
examinations, coupled with programs and activities that would promote
professional growth and development.
3. Section 3. Objectives. - This Act shall govern:

a. The examination, registration and licensure for criminologists;
b. The supervision, control and regulation of the practice of criminology;
c. The standardization and regulation of criminology education;
d. The development of the professional competence of criminologists through
Continuing Professional Development (CPD); and
e. The integration of all criminology professional groups, and membership of
all registered criminologists to the accredited professional organization.
4. Section 4. Definition of Terms. - As used in this Act, the following terms shall be
defined as follows:
a. APO refers to the Accredited Professional Organization of criminologists,
that the Professional Regulatory Board of Criminology created hereunder
and, hereinafter referred to as the Board, as the one and only recognized and
accredited integrated national organization of criminologists, subject to the
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approval of the Professional Regulation Commission (PRC) hereinafter
referred to as the Commission created under Republic Act No. 8981,
otherwise known as the "PRC Modernization Act of 2000";
b. Board refers to the Professional Regulatory Board for Criminologists

created hereunder;
c. CHED refers to the Commission on Higher Education (CHED) created

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

hereinafter referred to as the Commission created under Republic Act No.
8981, otherwise known as the "PRC Modernization Act of 2000";
e. Criminology refers to the scientific study of crimes, criminals, and victims,

it also deals with the prevention, and solution of crimes;
f. Profession refers to the art and science in the practice of criminology

discipline; and,
g. Registered criminologist refers to a natural person who holds a valid

certificate of registration and an updated professional identification card as
criminologist issued by the Board and the Commission pursuant to this Act.
5. Section 5. Scope of Practice. - The practice of criminology shall include, but shall
not be limited to, acts or activities performed:
a. In line with the practice of profession or occupation as a law enforcement
administrator, executive, adviser, consultant, officer, investigator, agent or
employee in any private or government agencies performing law
enforcement and quasi-police functions at the Philippine National Police
(PNP), the National Bureau of Investigation (NBI), the Philippine Drug
Enforcement Agency (PDEA), the Bureau of Fire Protection (BFP), the
Bureau of Jail Management and Penology (BJMP), the Provincial Jail, the
Bureau of Corrections (BUCOR), the Probation and Parole Administration
(PPA), the Bureau of Internal Revenue (BIR), the Bureau of Customs
(BoC), the Bangko Sentral ng Pilipinas (BSP), other government and
private banks, the Philippine Postal Corporation (PPC), the Sea and Air
Marshalls, the VIP Security, Airport and Seaport Police, the National
Intelligence Coordinating Agency (NICA), the Intelligence Service of the
Armed Forces of the Philippines (ISAFP), and other intelligence service or
agencies of the government exercising similar functions;
b. In line with the practice of teaching profession such as those performed by a

professor, instructor or teacher in any university, college or school duly
recognized by the government of any of the following professional and
component subjects of the criminology program: (1) Criminal
Jurisprudence and Procedure; (2) Criminalistics; (3) Law Enforcement
Administration; (4) Crime Detection and Investigation; (5) Correctional
Administration; and (6) Criminal Sociology and Ethics, and other technical
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and specialized subjects in the criminology curriculum provided by the
CHED;
c. As a technician, examiner/criminalist, or specialist in dactyloscopy,

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

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

private agency on any aspect of criminological research or project involving
the causes of crime, children in conflict with the law, treatment of
offenders, police operations, law enforcement administration, scientific
criminal investigation or public safety and national security administration;
and
f. As a private investigator, administrator, consultant or agent, or detective in

any private security and investigation agency organized under the laws of
the Philippines.
The Board, in consultation with the APO and the academe, subject to the
approval of the Commission, may revise, exclude from or add to the above
enumerated acts or activities as the need arises to conform with the latest
trends in the practice of criminology in the country.
ARTICLE II: Professional Regulatory Board for Criminologists

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

Chairperson and each member shall, at the time of their appointment, possess all
these qualifications:
a. Must be a natural-born Filipino citizen and a resident of the Philippines;
b. Must be of good moral character, good reputation and of sound mind and
body;
c. Not convicted by a court of competent jurisdiction of any offense involving
moral turpitude;
d. Must be a graduate of Bachelor of Science in Criminology, and a holder of
a Post-Graduate Degree in Criminology or a lawyer in any reputable school
recognized by the CHED;
e. Must be a registered criminologist with a valid certificate of registration and
a valid professional identification card, having at least ten (10) years of
practice in the profession prior to the appointment including no less than
two (2) years teaching experience of criminology or law subjects in full-
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time or part-time capacity in the college of criminology or college of law
recognized by the government through the CHED;
f. Must be a member in good standing of the APO but not an officer or trustee
thereof; and
g. Must not be a member of the faculty of any school, college or university
where a regular class or review course in criminology is offered, nor a
member of the staff of reviewers in a review school or center, and must not
have any direct or indirect pecuniary interest in any such institution.
8. Section 8. Term of Office. - The Chairperson and members of the Board shall hold
office for a term of three (3) years from the date of appointment or until their
successors shall have been qualified and appointed. They may be reappointed to the
same office for another term of three (3) years immediately after the expiry of their
term: Provided, That the holding of such position shall not be more than two (2)
terms nor more than six (6) years, whichever is longer: Provided, further, That the
first Board under this Act shall hold these terms of office: the Chairperson for three
(3) years, the first two (2) members for two (2) years, and the second two (2)
members for one (1) year: Provided, finally, That any appointee to a vacancy with
an unexpired period shall only serve such period. The Chairperson and the members
shall duly take their oath of office.
9. Section 9. Compensation, Allowances and Other Benefits. - The Chairperson and

members of the Board shall receive compensation, allowances and other benefits
comparable to that being received by the Chairpersons and members of other
Professional Regulatory Boards under the Commission as provided for under
Section 10 of Republic Act No. 8981 and other existing laws.
10. Section 10. Powers, Functions, Duties and Responsibilities of the Board. - The
Board shall exercise executive, administrative, rule-making and quasi-judicial
powers in carrying out the provisions of this Act. It shall be vested with the
following specific powers, functions, duties and responsibilities:
a. To administer, supervise, and monitor the conduct of the licensure
examination, registration, membership in the APO and the practice of
criminology in accordance with the provisions of this Act;
b. To receive complaints and decide the matter as to the malpractices and
unethical conduct in the practice of the criminology profession;
c. To promulgate and issue rules and regulations implementing the provisions
of this Act;
d. To promulgate and adopt Code of Ethics and Code of Good Governance for
the practice of criminology;
e. To adopt an official seal of the Board;
f. To prescribe and promulgate guidelines on the conduct of a CPD program
for criminologists in consultation with the APO;
g. To promulgate, adopt or amend the syllabi and tables of specifications of
the subjects for the licensure examination/s in consultation with the APO,
the academe, and the CHED Technical Panel for Criminology, prepare
questions for the licensure examination which shall strictly be within the
scope of the syllabi of the subjects for examination, as well as administer
and correct, and release the results of the licensure examinations;
h. To issue, suspend, revoke or reinstate the certificate of registration of the
registered criminologist or cancel temporary/special permit granted to
foreign criminologist;
i. To administer oaths in the performance of its functions such as, but not
limited to, the oath of a professional to successful examinees in licensure
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examination for criminologist together with the APO in an appropriate mass
oath-taking ceremony to be held for the purpose;
j. To monitor the conditions affecting the practice of criminology and
whenever necessary, adopt such measure as may be deemed proper for the
enhancement of the profession and the maintenance of high professional,
ethical an^ technical standards; for this purpose, the members of the Board,
duly authorized by the Commission, may conduct ocular inspection of
establishments where criminology is practiced, and recommend sanction as
it may deem proper to the appropriate government agency concerned;
k. To monitor all colleges and universities offering criminology program and
recommend sanctions to the CHED or to other authorized government
offices, for noncompliance with the policies, standards, and requirements as
to faculty qualifications, laboratory, library, facilities and equipment,
research outputs, curriculum and administration of the criminology
education;
l. To hear and investigate cases on violations of this Act, its implementing
rules and regulations (IRR), the Code of Ethics, the Code of Good
Governance and other policies, and for this purpose, to issue summons,
subpoena ad testificandum and subpoena duces tecum to alleged violators
and/or witnesses to compel their attendance in such hearings or
investigations and the production of documents in connection therewith:
m. To delegate to the Commission the hearing or investigation of cases against
the alleged violators: Provided, That the hearing or investigation of cases
wherein the issue or question involved strictly concerns the technical
practice of criminology shall be presided over by at least one (1) member of
the Board assisted by a Legal or Hearing Officer of the Commission;
n. To recommend to the Commission the endorsement of cases involving
criminal violations of this Act, its IRR, and other laws to the Prosecution
Office or appropriate government agency, for investigation and appropriate
action;
o. To disqualify applicants for the licensure examination who has been
previously convicted of a crime with finality involving moral turpitude.
Hear and decide administrative cases against the examinees or registered
criminologists if they have been convicted of a crime involving moral
turpitude: Provided, That if they are found guilty, the Board shall cancel
their examination papers and/or preclude them from taking another
licensure examination, or to revoke/suspend their certificates of registration
and cause the surrender of their professional identification card subject to
the rules and regulations of the PRC: Provided, further, That the decision of
the Board shall, unless appealed to the Commission, become final and
executory after fifteen (15) days from receipt of notice of judgment or
decision;
p. To conduct, through the Legal or Hearing Officers, summary proceedings
against the examinees who commit violations of this Act, its IRR, any of
the Codes aforementioned, including violation of the General Instructions to
Examinees, and to render summary judgment thereon which shall, unless
appealed to the Commission, become final and executory after fifteen (15)
days from receipt of notice of judgment or decision;
q. To prepare an annual report of accomplishments on programs, projects and
activities of the Board for submission to the Commission after the close of
each calendar year and make appropriate recommendations to the
Commission on issues or problems affecting the criminology profession;
and
r. To exercise such other powers as may be provided by law as well as those
which may be implied from, or which are incidental or necessary to the
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effective carrying out of the express powers granted to the Board to achieve
the objectives and purposes of this Act. The resolutions, rules and
regulations and other policies issued and promulgated by the Board shall be
subject for review and approval by the Commission. However, the Board's
decisions, resolutions or orders rendered in an administrative case shall be
subject to review only if on appeal.
11. Section 11. Grounds for Removal or Suspension of Board

Chairperson/Member. - The President of the Philippines, upon the
recommendation of the Commission, after due process and administrative
investigation conducted by the Commission, may remove or suspend the
Chairperson or member of the Board on any of the following grounds:
a. Gross neglect, incompetence or dishonesty in the discharge of one's duty;
b. Commission of any of the causes/grounds and the prohibited acts provided
in this Act and the offenses in the Revised Penal Code, the Anti-Graft and
Corrupt Practices Act, and other laws;
c. Manipulation or rigging of the results in the licensure examination for
criminologists, disclosure of secret and confidential information on the
examination questions prior to the conduct thereof, or tampering of grades;
and
d. Conviction with final judgment of any crime involving moral turpitude. The
Commission, in the conduct of the investigation, shall be guided by Section
7(s) of Republic Act No. 8981, the rules on administrative investigation,
and the applicable provisions of the New Rules of Court.
12. Section 12. Administrative Supervision of the Board; Provision of Support

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

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

applicant for the licensure examination for criminologist shall satisfactorily prove
that one possesses the following qualifications:
a. Must be a citizen of the Philippines or a foreign citizen whose country/state has
reciprocity with the Philippines in the practice of criminology;
b. Must be of good moral character, good reputation and of sound mind and body
certified by the school where he/she graduated and the barangay where he/she lives,
unless the examinee is a foreign national a certification from any professional of
good standing will do;
c. Must hold a bachelor's degree in criminology duly accredited by the CHED and
conferred by a school/college/university duly authorized by the government or its
equivalent degree obtained by either a Filipino or foreign citizen from an institution
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of learning in a foreign country/state: Provided, That it is duly recognized and/or
accredited by the CHED;
d. Must not have been convicted of an offense involving moral turpitude by a court of
competent jurisdiction; and
e. Those who failed five (5) times whether consecutive or cumulative in the
criminologist licensure examination, must present a certification issued by a
reputable institution duly recognized by the CHED that such applicant has
satisfactorily completed a refresher course in criminology.
15. Section 15. Subjects for Licensure Examination. - The licensure examination for
criminologists shall include, but shall not be limited to, the following:
SUBJECTS WEIG
HT
Criminal Jurisprudence and Procedure:
Criminal Law (Book I); Criminal Law (Book II); Related Special Penal
Laws; 20%
Criminal Procedure;
Evidence;
Court Testimony
Law Enforcement Administration:
Police Organization and Administration, Police Planning;
Police Patrol Operations, Police Communication System;
Police Intelligence; 20%
Police Personnel and Records Management; Comparative Police Systems;
Industrial Security Management
Crime Detection and Investigation:
Fundamentals of Criminal Investigation;
Special Crime, Organized Crime Investigation; Fire Technology and 15%
Arson Investigation;
Traffic Management and Accident Investigation;
Drug Education and Investigation; Vice Control
Criminalistics
Forensic Photography; Personal Identification; Forensic Medicine; 20%
Polygraphy; Examination; Forensic Ballistics;
Questioned Documents
Correctional Administration:
Institutional Corrections; 10%
Non-Institutional Corrections
Criminal Sociology:
Introduction to Criminology and Psychology of Crimes;
Philippine Criminal Justice System; 15%
Ethics and Values;
Juvenile Delinquency and Crime Prevention;
Human Behavior and Crisis Management; Criminological Research and
Statistics
The Board, in consultation with the APO and the academe and subject to
the approval of the Commission, may revise or exclude any of the subjects with
their corresponding ratings and their syllabi, and add new ones as the need arises to
conform with technological changes brought about by developing trends in the
profession. However, the Board may change or revise any of the above subjects in
the event the CHED shall correspondingly change the curriculum prescribed for the
Degree of Bachelor of Science in Criminology. In the conduct of the examination,
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the Board, in its discretion, may give practical and field examinations in each
subject, as it may deem fit.
16. Section 16. Persons to Teach Subjects for Licensure Examination. - All subjects
for the licensure examination shall be taught by a registered criminologist who is a
holder of a valid certificate of registration and updated professional identification
card for criminologist, APO membership, and CPD required units earned, and meet
other CHED requirements. Allied fields in criminology may also be allowed to
teach as it may deem proper.
17. Section 17. Rating in the Licensure Examination. - To pass the licensure
examination for criminologist, a candidate must obtain a weighted average rating of
seventy-five percent (75%) with no grade less than sixty percent (60%) in any given
subject. In case the examinee obtains a weighted average rating of seventy-five
percent (75%) but, has a grade below sixty percent (60%) in any of the subjects, the
result of the examinee shall be deferred, and be required to retake that particular
subject/s. The deferred examinee shall only be allowed to retake once within two
(2) years from the date of the examination, and shall be required to obtain a grade
not lower than eighty percent (80%) on the subject, to be considered to have passed
the licensure examination. If the examinee failed to retake after the lapse of two (2)
years or failed to get the passing mark of eighty percent (80%), the examinee shall
retake all the board subjects. Any examinee who failed three (3) or more board
subjects shall be deemed to have failed the board examination.
18. Section 18. Report of Rating. - The Board shall submit to the Commission the
ratings obtained by the candidates not later than ten (10) days after the last day of
the examination, unless the period is extended for a valid cause.
19. Section 19. Oath. - All successful candidates of the licensure examination shall
take their oath of profession in person before the Board or any of its members, and
with the APO in an oath-taking ceremony held for such purpose. Any person
authorized by law may administer oath to any successful examinees only upon
membership of the APO prior to entering the practice of the profession.
20. Section 20. Issuance of Certificate of Registration and Professional

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

Identification Card or Temporary/Special Permit. - The Board shall not register
any successful applicant for registration who has been:
a. Convicted with finality of a crime involving moral turpitude by a court of
competent jurisdiction;
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b. Found guilty of immoral or dishonorable conduct by the Board;
c. Summarily adjudged guilty for violation of the General Instruction to
Examinees by the Board; and
d. Declared of unsound mind by a court of competent jurisdiction. In refusing
such registration, the Board' shall give the applicant a written statement
setting forth the reasons thereof and shall file a copy in its records.
22. Section 22. Revocation or Suspension of the Certificate of Registration and

Cancellation of Temporary/Special Permit - The Board shall have the power,
upon notice and hearing, to revoke or suspend the certificate of registration of a
registered criminologist or to cancel a temporary/special permit granted to foreign
criminologist for the commission of any of the following acts:
a. Violation of any provision of this Act, its IRR, the Code of Ethics, the Code
of Good Governance, or policy of the Board and/or the Commission;
b. Conviction of a crime with finality involving moral turpitude;
c. Perpetration or use of fraud in obtaining one's certificate of registration,
professional identification card or temporary/ special permit;
d. Gross incompetence, negligence or ignorance resulting to death or injury of
a person, or damage to property;
e. Nonrenewal of the professional identification card for a period of six (6)
years with the PRC without justifiable cause;
f. Aiding or abetting the illegal practice of a non-registered criminologist by
allowing the use of one's certificate of registration and/or professional
identification card or temporary / special permit;
g. Illegally practicing the profession during the suspension from the practice
thereof;
h. Addiction to drugs or alcohol impairing one's ability to practice the
profession or a declaration by a court of competent jurisdiction that the
registrant is of unsound mind; and
i. Noncompliance with the CPD and APO requirements, unless one is
exempted therefrom, for the renewal of the professional identification card.
The Board shall periodically evaluate the aforementioned grounds and
revise or exclude or add new ones as the need arises subject to approval by
the Commission.
Any person, firm or association may file charge/s in accordance with the
provision of this section against any registrant, and the Board may
investigate the commission of any of the abovementioned causes. Affidavit-
complaint shall be filed together with the affidavits of witnesses and other
documentary evidence with the Board through the Legal and Investigation
Office. The conduct of an investigation motu proprio shall be embodied in a
formal charge to be signed by at least majority of the members of the
Board. The rules on administrative investigation issued by the Commission
shall govern the hearing or investigation, subject to applicable provisions of
this Act, Republic Act No. 8981 and the Rules of Court.
23. Section 23. Reissuance of Revoked Certificate of Registration, Replacement of

Lost or Damaged Certificate of Registration, Professional Identification Card
or Temporary/Special Permit - The Board may, upon a verified petition, reinstate
or reissue a revoked certificate of registration after two (2) years from the effectivity
of the period for revocation, which is the date of surrender of the certificate and/or
the professional identification card if still valid to the Board and/or the Commission.
The petitioner shall prove to the Board that one has valid reason/s to practice anew
the profession. In the granting of the petition, the Board shall issue a Board
resolution, subject to approval by the Commission, certificate of registration,
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professional identification card or temporary/special permit that has been declared
lost may be reissued in accordance with the rules thereon and upon payment of the
prescribed fees.
24. Section 24. Nonpayment of the Annual Registration Fees. - The Board shall
suspend a registered criminologist from the practice of the profession whether in
government service, or have used the license as eligibility equivalent for promotion
in government service, or in the private sector, for nonpayment of the registration
fees for two (2) consecutive registration periods from the last or previous year of
payment. Other surcharges shall be determined and charged by the Commission.
25. Section 25. Renewal of Professional Identification Card. - The professional

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

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

27. Section 27. Lawful Practitioners of Criminology. - The following persons shall
be authorized to practice the criminology profession:
a. Natural persons:
1) Duly registered criminologists and holders of valid certificates of
registration and valid professional identification cards issued by the
Board and the Commission pursuant to this Act; and
2) Holders of valid temporary/special permits issued by the Board and
the Commission to foreign licensed criminologists pursuant to this
Act.
b. Juridical persons:
1) Single proprietorship whose owner and technical staff are registered
criminologists;
2) Partnership duly registered with the Securities and Exchange
Commission (SEC) as professional partnership pursuant to the Civil
Code and composed of partners majority of whom are registered
criminologists;
3) Corporation duly registered with the SEC as engaged in the practice
of criminology and with officers and Board of Directors who are all
registered criminologists; and
4) Association and cooperative duly registered with the appropriate
government agency as a non-stock corporation where majority of
the officers, Board of Trustees and members are registered
criminologists.
These juridical persons shall also be registered with the Board and the
Commission in accordance with the rules and regulations thereon.
28. Section 28. Seal, Issuance and Use of Seal. - There shall be a seal to be
exclusively and legitimately used by the practitioners of the criminology profession
which shall be distributed by the Board through the APO.
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29. Section 29. Foreign Reciprocity. - No foreigner shall be allowed to take the
licensure examination for criminologists, register, receive ones certificate of
registration and professional identification card, and practice criminology in the
Philippines unless the requirements for the licensure examination and/or registration
and practice of criminology imposed under the laws and regulations in the foreign
country/state are substantially the same as those required and contemplated by the
Philippine laws and regulations, and unless the foreign laws and regulations allow
Philippine citizens to practice criminology within the territory of the foreign
country/state on the same basis and grant the same privileges as those enjoyed by
the citizens, subjects or nationals thereof.
30. Section 30. Practice Through Temporary/Special Permit. - Temporary/Special

permit may be issued by the Board subject to the approval by the Commission and
payment of fees the latter has prescribed and charged thereof to the following:
a. Registered criminologists from foreign countries/states whose services are
rendered either for free or for a fee:
1) If they are internationally known criminologists or experts in any
branch, specialty or allied field of criminology; and
2) If their services are urgently and importantly required for lack or
inadequacy of available local specialists or experts; or for the
promotion or advancement of the practice of criminology through
transfer of technology;
b. Registered criminologists from foreign countries/states whose services shall
be free and limited to indigent patients in a particular hospital, center or
clinic; and
c. Registered criminologists from foreign countries/states employed as
exchange professors in a branch, specialty or allied field of criminology, in
schools, colleges or universities offering the course of criminology.
The permit shall, among other things, contain these limitations and conditions
for a period of not more than one (1) year subject to renewal: the branch or specialty
of criminology and the specific place of practice such as clinic, hospital, center,
school, college or university offering the course of criminology. The Board, subject
to the approval of the Commission, shall promulgate rules and regulations on the
implementation of this particular section.
31. Section 31. Indication of Numbers: Certificate of Registration, Professional

Tax Receipt and. APO Membership. - The practitioner of the criminology
profession shall be required to indicate the certificate of registration number and
date of issuance, the expiry of the current professional identification card, the
professional tax receipt number and date, and the APO membership number and
date with official receipt number and date of membership payment (annual/lifetime)
on the documents one signs, uses or issues in connection with the practice of the
profession.
32. Section 32. Roster of Registered Criminologists. - The Board shall prepare and
maintain a roster showing the names, residence and/or office address of all
registered criminologists, which shall be updated annually in cooperation with the
APO, indicating therein the status of the certificate of registration, professional
identification card and APO membership. The roster shall be made available to any
party as may be deemed necessary.
33. Section 33. Integration of Registered Criminologists. - The registered

criminologists shall be integrated into one (1) national organization of
criminologists that is duly registered with the SEC. The Board, subject to the
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approval by the Commission, shall accredit the organization as the one and only
integrated and accredited national organization of criminologists: Provided, That its
continued accreditation is subject to compliance with the periodic requirements and
standards set forth by the Commission.
All criminologists whose names appear in the Registry Book of Criminologists shall
ipso facto or automatically become members thereof and shall receive there from,
all the benefits and privileges upon payment of APO membership fees and dues.
Membership in an affiliate organization of criminologists shall not be barred.
ARTICLE V: Privileges of Registered Criminologists

34. Section 34. Privileges of Registered Criminologists. - All registered
criminologists shall be exempt from taking any other entrance or qualifying
government or civil service examinations and shall be considered civil service
eligible to the following government positions, among others: (1) Dactylographer;
(2) Ballistician; (3) Questioned Document Examiner; (4) Forensic Photographer; (5)
Polygraph Examiner; (6) Probation Officer; (7) Parole Officer; (8) Special
Investigator; (9) Special Agent; (10) Investigative Agent; (11) Intelligence Agent;
(12) Law Enforcement Evaluation Officer; (13) National Police Commission
(NAPOLCOM) Inspector; (14) Traffic Operation Officer; (15) Associate Graft
Investigation Officer; (16) Special Police Officer; (17) Safekeeping Officer; (18)
Sheriff; (19) Security Officer; (20) Criminal Investigator; (21) Warden; (22)
Reformation Officer; (23) Firefighter; (24) Fire Marshall; (25) Jail Officer up to the
rank of Jail Superintendent; (26) Police Officer up to the rank of Police
Superintendent and other law enforcement agencies, and agencies under the
Criminal Justice System.
35. Section 35. Preference of Appointment in Government Criminal Justice and

Other Government Institutions. - Registered criminologists shall enjoy priority of
appointment and shall not be required to take any qualifying or entrance
examinations in the PNP, the NBI, the BJMP, the BFP, the Land Transportation
Office (LTO) and other government positions related to criminology, police and law
enforcement work, investigations and security, corrections and public safety of the
following bureaus, departments, institutions or agencies of the government: the
Department of Justice (DOJ); the Commission on Human Rights (CHR); the Office
of the Ombudsman; the Philippine Ports Authority (PPA); the Commission on
Elections (COMELEC); the Bureau of Treasury (BoT); the Philippine Amusement
and Gaming Corporation (PAGCOR); the Department of Environment and Natural
Resources (DENR); the Department of Tourism (DOT); the Department of Trade
and Industry (DTI); the Armed Forces of the Philippines (AFP); the Bureau of
Immigration (BI); the BoC; the Department of Transportation (DOTr); the Air
Transportation Office (ATO); the Civil Aviation Authority of the Philippines
(CAAP); the BSP; the BIR; the CHED; the City/Municipal Security Office; the
Provincial Jail; the Provincial Security Office; the Metro Manila Development
Authority (MMDA); the Supreme Court and lower courts; the Security
Consultation; the Social Security System; the NAPOLCOM; the Autonomous
Region in Muslim Mindanao (ARMM); the Optical Media Board; the Intellectual
Property Rights Office; the PDEA; the Public Attorney's Office (PAO); the PPC;
government-owned and -controlled corporations and other government agencies
with positions involving the practice of criminology.1âwphi1
36. Section 36. Lateral Entry of Registered Criminologists. - Registered

criminologists who are not in the government service shall be eligible and given
preference for appointment via lateral entry as Police, Fire, and Jail Inspectors or its
equivalent in the PDEA, NBI, and other law enforcement agencies: Provided, That
Page 58 of 64
they possess the general qualifications for appointment as provided in the existing
laws on appointment of Police Officers in the PNP, BJMP, BFP, PDEA, or NBI:
Provided, further, That those who are already in the police, fire, and jail service as
non-commissioned officers and who are already registered and licensed
criminologists shall be given preference for lateral entry.
37. Section 37. Penal Clause. - A fine of not less than One hundred thousand pesos
(₱100,000.00) nor more than Five hundred thousand pesos (₱500,000.00), or
imprisonment for not less than two (2) years and one (1) day nor more than six (6)
years, or both, at the discretion of the court shall be imposed upon any person who
shall commit any of the following acts:
a. Practicing criminology without valid certificate of registration and a valid
professional identification card or a valid temporary/special permit;
b. Attempting to use the seal, certificate of registration and professional
identification card of a registered criminologist or temporary/special permit
issued to a foreign criminologist;
c. Abetting the illegal practice of criminology by an unregistered or
unauthorized person;
d. Securing through false information or fraudulent means certificate of
registration and professional identification card or temporary/special
permit;
e. Impersonating a registered criminologist or a holder of a temporary/special
permit; and
f. Violating any provision of this Act or the IRR thereof. Where the violator is
a juridical person, the Board of Directors and other responsible officers of
the corporation shall be held liable.
38. Section 38. Enforcement. - In carrying out the provisions of this Act, the Board
shall be assisted by the Commission, the APO, duly constituted government
agencies and authorities and private organizations in the industry.
39. Section 39. Appropriations. - The Chairperson of the PRC shall immediately
include in the Commission's programs the implementation of this Act, the funding
of which shall be included in the annual General Appropriations Act.
40. Section 40. Transitory Provision. - The Incumbent Board shall, in an interim
capacity, continue to operate or function by carrying out the provisions of this Act
without need of new appointments of the Chairperson and members thereof until the
first Board created under this Act shall have been constituted or organized pursuant
thereto.
41. Section 41. Implementing Rules and Regulations (IRR). - Within ninety (90)
days from the effectivity of this Act, the Board, subject to approval by the
Commission, and in coordination with the APO, shall prescribe, promulgate and
issue a Board Resolution on the IRR cf this Act and which shall be effective fifteen
(15) days after its publication in the Official Gazette or in any newspaper of general
circulation.
42. Section 42. Separability Clause. - If any provision, section or part of this Act shall
be declared unconstitutional or invalid, such judgment shall not affect, invalidate or
impair any other provisions, sections or parts hereof.
43. Section 43. Repealing Clause. - Republic Act No. 6506, otherwise known as "An
Act Creating the Board of Examiners for Criminologists in the Philippines and for
Other Purposes", is hereby repealed. All other laws. Republic Acts, decrees, orders,
letters of instruction, rules and regulations or other issuances, and parts thereof
Page 59 of 64
inconsistent with the provisions of this Act are likewise repealed or modified
accordingly.
44. Section 44. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.
===============================================================
===============================================================
BIBLIOGRAPHY

Review Center.

Page 60 of 64
10.1002/9781118519639.wbecpx001.

Trading Inc.

on August 3, 2020
Republic Act No. 1131 (2018). Retrieved on August 2,2020 from

https://lawphil.net/statutes/repacts/ra2018/ra_11131_2018.html.
Learning

Page 61 of 64
GLOSSARY OF CRIMINOLOGICAL TERMS
Absolute poverty – as the amount of spending needed to ensure a person a minimum daily
diet of 2150 calories.
Active precipitation- Aggressive or provocative behavior of victims that results in their

victimization.
Anthropology – it is the science devoted to the study of mankind and its development in
relation to its physical, mental and cultural history.
Auto phobia – it is a morbid fear of one’s self or of being alone.
Bilingualism – the use of two languages in work places.
Biometry – in Criminology, this refers to the measuring or calculating of the probable

duration of human life; the attempt to correlate the frequency of crime between parents and
children or brothers and sisters.
Biosocial behavior – a person’s biological heritage plus his environment and social
heritage, influence his social activity. It is through the reciprocal action of his biological and
social heritage that a person’s personality is developed.
Cohort – is a group of people who share some common demographic experience.
Craze – an exciting mass involvement which lasts for long period of time.
Criminal Psychodynamics – the study of mental processes of criminals in action, the study
of genesis, development and the motivation of human behavior that conflicts with accepted
norms and standards of society.
Criminogenic process – explain human behavior and the experiences which help determine
the nature of a person’s personality as a reacting mechanism.
Cultural Conflict – a clash between societies because of contrary beliefs or substantial

variance in their respective customs, language, institutions, habits, learning, tradition.
Cultural Relativism – the view of people behavior from their own culture.
Cultural universal – man’s attempt to meet human basic needs by developing aspects of
shared learned behavior.
Culture – it is the totality of learned, socially transmitted behavior.
Culture integration – refers to the bringing together of conflicting cultural elements.
Cycle of violence - Victims of crime, especially childhood abuse, are more likely to commit
crimes themselves.
Delusion – a false belief about self, caused by morbidity, present in paranoia and dementia
praecox.
Page 62 of 64
Dementia Praecox – a collective term of mental disorders that begin at, or shortly after
puberty and usually lead to general failure of the mental faculties.
Demographic Transition – is the change from high birth rates and death rates to relatively
low birth and death rates.
Demography – the scientific study of population.
Deviance – is a behavior that violates the standards of conduct or expectation of a group or

society.
Diffusion – the processes whereby a cultural item is spread from group to group.
Discovery – involves making known or sharing the existence of an aspect of reality.
Episodic criminal – a non-criminal person who commits a crime when under extreme
emotional stress. A person who breaks down and commits a crime as a single incident
during regular course of natural and normal events.
Erotomania – a morbid propensity to love or make love, uncontrollable sexual desire, etc.,
or excessive craving by members of either sex.
Ethnocentrism – refers to the tendency to assume that one’s culture and way of life are
superior to others.
EX POST FACTO LAW- a law applied retroactively to punish acts that were not crimes
before its passage, or that raises the grade of an offense, or that renders an act punishable in
a more severe manner than it was when committed.
Group – is any member of people with similar norms, values and expectations who
regularly & consciously interact.
Hallucination – an individual’s experience characterized by a strongly self-centered pattern

of fantasy, emotion and thought.
Heredity – the transmission of physical characteristics, mental traits, tendency to disease,

etc., from parents to offspring. In genetics, it is the tendency manifested by an organism to
develop in the likeness of a progenitor due to the transmission of genes in the productive
process.
Index crime – refers to the eight types of crimes that are reported annually by FBI in its
uniform crime reports.
Innovation – the process of introducing an idea or object that is new to a culture.
Invention – when existing cultural items are combined into formal that did not exists.
Kleptomania – the uncontrollable morbid propensity to steal or pathological stealing. The

symptoms of this disease usually consist of ocular motives for stealing and hoarding.
Language – is an abstract system of word meaning and symbols for all aspects of culture.
Logomacy – the statement that we would have no crime if we had no law and that we could
eliminate all crimes by abolishing all criminal laws.
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Mainstreaming – the practice of promoting maximum integration of handicapped with non-
handicapped children.
Masochism – a condition of sexual perversion in which a person drives pleasure from being
dominated or cruelly treated.
Megalomania – a mental disorder in which, the subject thinks himself great and exalted.
Melancholia – a mental disorder characterized by excessive brooding and depression of

spirits, typical of main - depressive psychosis accompanied by delusion and hallucination.
Necrophilism – morbid craving, usually of an erotic nature for dead bodies. It is also a form
of perversion where sexual gratification is achieved either through sexual intercourse with,
or mutilation of a dead body.
Passive Precipitation - Personal or social characteristics of victims that makes them

attractive targets for criminals; such victim may unknowingly either threaten or encourage
their attacker.
Population Bomb or Explosion – the most recent period of high fertility in U.S. and
peaked on 1957.
Post-Traumatic Stress Disorder- a psychological reaction to a highly stressful event,

symptoms may include depression, anxiety, flashback and recurring nightmares.
Rumors – a piece of information gathered informally which is used to interpret an

ambiguous situation.
Sanctions – are penalties or rewards for conduct concerning a social norm.
Social change – alteration over time in behavior patterns.
Social control – refers to the techniques and strategies for regulating human behavior in any
society.
Social institution – organized patterns of beliefs and behavior centered on basic social
needs.
Sub-culture – is a segment to society which share as distinctive pattern.
Values – collective conceptions of what is considered good and desirable.
Victim Precipitation theory - The view that victims may initiate, either actively or
passively, the confrontation that leads to their victimization.
Victimologists - Criminologists who focuses on the victims of crime.
Zero-Population Bomb – is the state of population when number of births plus immigrants
equals the number of death.
Page 64 of 64

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CORDILLERA CAREER DEVELOPMENT COLLEGE

COLLEGE OF CRIMINAL JUSTICE EDUCATION

DENNIS M. BUTAG, MSCrim

The authors wish to express their gratitude to the Almighty for

To CCDC President and other members of the administration, who

To the faculty members of the College of Criminal Justice Education,

FOUNDATION OF CRIMINOLOGICAL THOUGHT

THE CRIMINALS AND THEIR VICTIMS

LAW AND CRIME

THE CRIMINOLOGY PROFESSION IN THE PHILIPPINES

COURSE 1: WHAT IS CRIMINOLOGY?

- It was coined in 1885 by Italian law professor Raffaelle Garofalo as

- According to preeminent criminologists Edwin Sutherland & Donald Cressey,

- Lastly, in its broadest meaning, criminology is the body of knowledge regarding

1. Why criminology is multi-disciplinary?

2. Is criminology a profession? If so, why?

DIVISIONS & SCOPE OF STUDY IN THE FIELD OF CRIMINOLOGY

The study of criminology covers the following divisions:

The study of criminology also covers the following:

4. Study of the various measures and methods accepted by society in cases of

The field of criminology is also described as science in the following nature:

2. Social science - considered a social science in as much as crime is a societal

3. Dynamic - criminology changes as social condition changes. Criminology

According to Alviola (2014), the purpose of criminology is to offer well-researched and

WHAT DO CRIMINOLOGISTS DO?

- Highly skilled investigators, crime laboratory technicians, fingerprint experts, crime

- According to Republic Act 11131 or otherwise known as “The Philippine

3. As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned

4. As a correctional administrator, executive, supervisor, or officer in any

5. As a counsellor, consultant, adviser or researcher in any government or private

6. As a private investigator, administrator, consultant or agent, or detective in any

Criminologist is differentiated from criminal justice professionals. Given a choice,

Demonological Criminology Classical school of Criminology

Positivist Criminology Neo-Classical

Sociological Criminology Contemporary Criminology

Development of Criminology Profession in The Philippines

- This pioneering College of Criminology became the educational institution for

- PCAP - Professional Criminologist Association of the Philippines is the Accredited

Alviola, A. & Canaman, J. (2014) Introduction to Criminology and Psychology of

Edwardo, J.P. (2019) Introduction to Criminology 2nd Edition. St Andrews

Gonzalez, J. M. (2015) Epidemiological Criminology. Retrieved at https://doi.org/

Manwong, R. (2008) Fundamentals of Criminology: third edition, Wiseman Books

Schmallenger, F. (2016). Criminology (3rd ed.). Pearson Education Inc.

Theoretical Criminology is considered a subfield of general criminology and it is usually

b. Irrational - Being unscientific theory, it is not based on any rational facts

- The enlightenment led to the development of this school of thought by Cesare

- This replaced classical criminology by the end of 1800s. Positivism is associated

- Early positivist criminologists concentrated largely on biological factors and crime.

2. Craniology – Franz Joseph Gall

3. Phrenology - Johann Spurzheim

4. The Italian School – Cesare Lombroso, Enrico Ferri, & Raffaele

~ Lombroso’s ideas give rise to what is called today as criminal

~ Enrico Ferri believed that criminals could not be held morally

~ The XYY Supermale by Patricia Jacobs believes that normal male

6. Criminal Families – Sir Francis Galton, Richard Louis Dugdale, Arthur

~ Later on, it encourages the movement of Eugenic criminology. It

7. Sociobiology – Edward Wilson

8. Twin Studies & Heredity – Karl Christiansen, Sarnoff Mednick

~ It asserted that certain categories of offenders such as minor, insane, incompetence

- By mid-1950s, sociological theories had come to dominate criminology in which

1. Lacassagne School - Alexander Lacassagne

2. The Chicago School - Robert Ezra Park, Ernest W. Burgess, Louis

- Sociological theories analyze institutional arrangements within society (that is,

- In this theory, crime is: