INTRODUCTION TO CRIMINOLOGY

PRELIM COVERAGE
Crime & Criminology

What is Criminology?
-Criminology is the scientific approach to studying criminal behavior.
-Criminology is the body of knowledge regarding crime as a social phenomenon.
(E. Sutherland & D. Cressey)
-Criminology is a body of knowledge regarding delinquency and crime as social
phenomena (Tradio)
- Criminology is a multidisciplinary study of crimes (Bartol)

Important Areas of Interest to Criminology

1. development of criminal law and its use to define crime

2. the cause of law violation
3. method used to control criminal behavior

Nature of Criminology

1. Applied science- application of natural sciences in the study of cause of crime while
chemistry, medicine maybe utilized in crime detection.
2. Social science- Crime is a societal reaction and it exists in society; its study must be part of
social science.
3. Dynamic- Criminology changes as social condition changes.
4. Nationalistic- the study of crime must be in relation to the existing criminal law within the
territory.

Brief History of Criminology

The scientific study of crime and criminality is a relatively recent development. Although written
criminal codes have existed thousands of years, these were restricted to defining crime and setting
punishments. What motivated people to violate the law remained a matter of conjecture?
Criminology- explains the etiology (origin), extent, and nature of crime in society
Criminal Justice - study of agencies of social control that handle criminal offenders. They seek more
effective methods of crime control and offender rehabilitation.
During the Middle Ages (1200- 1600), superstition and fear of satanic possession dominated
thinking. People who violated social norms or religious practices were believed to be witches or
possessed by demons. The prescribed method for dealing with the possessed was burning at the
stake, a practice that survived into the 17th century. It was also commonly believed that some
families produced offspring who were unsound and that social misfits were inherently damaged by
reason of their “inferior blood”. It was common practice to use cruel tortures to extract confessions,
and those convicted of violent or theft crimes suffered extremely harsh penalties including whipping,
branding, maiming and execution.

SCIENCES DIRECTLY RELATED TO CRIMINOLOGY

A. Sociology – study of crime focused on the group of people and society as a whole
B. Psychology – science of behavior and mental processes of the criminal
C. Psychiatry – study of the human mind

SCOPE OF CRIMINOLOGY
A. Criminal Demography- study of the relationship between criminology and population
B. Criminal Epidemiology- study of the relationship between environment and criminality
C. Criminal Ecology- study of the criminality relation to the special distribution of community
D. Criminal Physical Anthropology- study of criminality relation to physical construction of
man
E. Criminal Psychiatry- study of the human mind in relation to criminality
F. Criminal Psychology- study of human behavior in relation to criminality
G. Victimology- study of the role of the victim in the commission of the crime

PRINCIPAL DIVISIONS OF CRIMINOLOGY

1. Etiology of Crimes– the scientific analysis of the causes of crimes and the criminal
behavior.
2. Sociology of law- the study of law and its application.
3. Penology or correction- the study that deals with the punishment and the treatment of
criminals.
4. Criminalistics- the study of criminal things.

CRIME AND CRIMINALBEHAVIOR

Crime – Anact or omission in violation of a public law forbidding or commanding it.

Malainse vs. Malaprohibita - Crimes which are wrongful in nature are called malainse; mere
violations of rules of convenience designed to secure a more orderly regulation of the affairs of the
society a mala prohibita.

ANATOMY OFCRIME
For any crime to happen, there are three elements or ingredients that must be present at the same
time and same place. These are:
1. Instrumentality–is the means or implements using in the commission of the crime.
2. Opportunity–The time and place conducive for its commission.
3. Resistance to Temptation–The values of the offender or refrain from committing an act.

FORMULA OF CRIME (By: Abrahamsen)

Criminal Tendency + Opportunity

CRIME= --------------------------------------------------------
Resistance to Temptation
Criminal
- In the legal sense, a criminal is any person who has been found to have committed a wrongful
act in the course of the standard judicial process; there must be a final verdict of his guilt
- In the criminological sense, a person is already considered a criminal the moment the
committed a crime.

GENERAL CLASSIFICATION OF CRIMINALS

1) On the basis of etiology:

a) acute criminals - persons who violate criminal law because of the impulse of the moment, fit
of passion or anger
b) chronic criminals – persons who acted in consonance with deliberated thinking, such as:
b.1) neurotic criminals–persons whose actions arise from the intra-psychic conflict
between the social and anti-social components of his personality
b.2) normal criminals – persons whose psychic organization resembles that of a normal
individual except that he identifies himself with criminal prototype

2) On the basis of behavioural system:

a) Ordinary criminals – the lowest form of criminal career; they engage only in conventional
crimes which require limited skill
b) Organized criminals–these criminals have a high degree of organization that enables them
to commit crimes without being detected and committed to specialized activities which can be
operated in large scale businesses.
c) Professional criminals - these are highly skilled and able to obtain considerable amount of
money without being detected because of organization and contact with other professional
criminals.

3) On the basis of activities:

a) Professional criminals – those who earn their living through criminal activities
b) Accidental criminals –those who commit criminal acts as a result of unanticipated
circumstances
c) Habitual criminals –those who continue to commit criminal acts for such diverse reasons
due to deficiency of intelligence and lack of control.
d) Situational criminals - those who are actually not criminals but get in trouble with legal
authorities because they commit crimes intermixed with legitimate economic activities.

CLASSIFICATION OF CRIMINALS BY LOMBROSO:

a. Born Criminals – Atavism describes one having shifty eyes, elongated jaws and no
moustache.
b. Criminal by Passion–individuals who are easily influenced by great emotions.
c. Insane Criminals –those who commit crimes due to mental abnormalities or psychological
disorder.
d. Criminoloids – one who commit crime due to less self-control. Those suffering from defects
that are psychological. E.g. Kleptomaniac.
 e. Occasional Criminal – one who commit crimes due to in significant reasons that pushed
them to do at a given occasion.
f. Pseudo Criminals – those who kill in self-defense.

TYPES OF CRIMINALS BY GAROFALO:

a. Murderers – those who are satisfied from vengeance
b. Violent Criminals – those who commit very serious crimes.
c. Deficient Criminals – those who commit crimes against property.
d. Lascivious Criminals – those who commit crimes against chastity.

EARLY EXPLANATIONS OF THE EXISTENCE OF CRIMINALITY

1. Crime is caused by demon (Paganism era). Men violate social norms and religious practices
because they are possessed by demons or evil spirits.
2. Crime is caused by divine will. Men manifest criminal behavior because they are sinful.
3. Crime is a matter of personal offense and retribution (Ancient World, Early Greek Law)
4. Crime is equal to sin (Middle Ages) crimes and sins were treated as the same substance and
nature.

LEGAL CLASSIFICATION OF CRIME:

1. FELONIES- These are acts and omissions punishable by law. Generally, a felony is an act
relatively serious offense punishable by death or fine or confinement.
2. OFFENSE– An act or omission that is punishable by special laws (E.g. RA 9165).
3. MISDEMEANOUR– Acts that are in violation of simple rules and regulations.

ACCORDING TO THE NATURE OF THE ACTS PROHIBITED:

1. MALA IN SE- the term means “evil in itself’
 These are crimes that are wrong in themselves
 Crimes which are wrongful in nature.

2. MALA PROHIBITA- the term means “wrong because it is prohibited”

 Mere violations of rules of convenience designed to secure a more orderly regulation of the
affairs of the society.
 These are offenses that are illegal because laws define them as such.

AS TO THE MANNER CRIMES ARE COMMITTED:

1. DOLO or DECEIT- when the acts were done with deliberate intent (Intentional felony)
Elements of Crime by Dolo:
• Freedom - the ability to do whatever one wishes
• Intelligence - the ability to know what is right and wrong
• Intent - use of particular means to effect a particular result

2. CULPA OR FAULT- when the wrongful act results from imprudence, negligence, lack of fore sight
or lack of skill.
Elements of Crime by Culpa:
• Freedom
• Intelligence
 • Negligence/Imprudence (Lack of Skill/ Foresight)

AS TO THE STAGES IN THE COMMISSION OF CRIME:

1. ATTEMPTED STAGE – the offender commences the commission of the felony directly by
overt acts and does not perform all the acts of execution because of some reasons other than
his own spontaneous desistance.
2. FRUSTRATED STAGE – when the offender has performed all acts of execution which will
produce the felony as a consequence but which nevertheless, do not produce the felony by
reason of causes independent of the will of the perpetrator.
3. CONSUMMATED STAGE – when all the elements necessary for its execution and
accomplishment are present.

AS TO PLURARITY OF CRIMES:
1. SIMPLE CRIMES- when a single constitutes only one offense.
2. COMPLEX CRIMES- when a single act constitutes two or more grave felonies or when an
offense is a necessary means for committing other.

AS TO GRAVITY OF PENALTY OR OFFENSE:

1. GRAVE FELONIES- those to which the law attaches the capital punishment or afflictive
penalties.
 Death Penalty – Capital punishment
 Reclusion Perpetua-life imprisonment, a term of 20-40 years imprisonment.
 Reclusion Temporal- 12 years and 1 day to 20 years imprisonment.
 Prision Mayor – 6 years and 1 day to 12 years.

2. LESS GRAVE FELONIES- those which the law punishes with penalties are correctional in
nature.
Correctional penalties:
 Prision Correctional – 6 months and 1 day to 6 years.
 Arresto Mayor – 1 months and 1 day to 6 months.
 Destierro

3. LIGHT FELONIES- those infractions of law for the commission of which penalty of arresto
menor.
 Arresto Menor – I day to 30 days

AS TO BASIS OF CRIMINAL ACT:

 CRIMES AGAINST NATIONAL SECURITY and THE LAW OF NATIONS
o -E.g. Treason
 CRIMES AGAINST THE FUNDMENTAL LAW OF THE STATE.
o e.g Arbitrary detention
 CRIMES AGAINST PUBLIC ORDER
o e.g. Rebellion
 CRIMES AGAINST PUBLIC INTEREST
o E.g. Falsification of documents
 CRIMES AGAINST PUBLIC MORALS
o e.g. Gambling and betting
 CRIMES COMMITTED BY PUBLIC OFFICERS
o e.g. Bribery
 CRIMES AGAINST PERSONS
o e.g. Homicide
  Crimes against personal liberty and Security
o e.g. Kidnapping
 Crimes against PROPERTY
o E.G. ROBBERY
 CRIMES AGAINST CHASTITY
o e.g. Acts of lasciviousness
 CRIMES AGAINST THE CIVIL STATUS OF PERSON
o e.g. BIGAMY
 Crimes AGAINST HONOR
o e.g. LIBEL

QUASI-OFFENSES OR CRIMINAL NEGLIGENCE:

1. IMPRUDENCE- if a person fails to take place the necessary precaution to avoid injury to
person or damaging property.
2. NEGLIGENCE- If a person fails to pay proper attention and to use due diligence in foreseeing
injury or damage impending to be caused.

CRIMINOLOGICAL CLASSIFICATION OF CRIMES

1. Crimes Against Person – a category of crime that consists of offenses that usually
involve causing or attempting to cause bodily harm.
2. Crimes Against Property – is any criminal act that destroys another person’s property,
or that deprives an owner of property against the owners will.

AS TO RESULT OF CRIMES:
 Acquisitive Crimes – is one which when committed the offender acquires something as a
consequence of his criminal act.
 Extinctive Crimes – when it results to destruction.

AS TO THE PERIOD OF COMMISSION:

 Seasonal Crimes – those that are committed only at a certain period of the year.
 Situational Crimes – those that are committed only when given the situation conducive to its
commission.

AS TO THE LENGTH OF TIME OF COMMISSION:

 Episodic Crimes – crimes that are committed by a series of acts in a lengthy space of time.
 Instant Crimes – those that are committed in the shortest possible time.

AS TO THE PLACE OF COMMISSION

 Static Crimes – crimes that are committed only in one place.
 Continuing Crimes – crimes that are committed in several places.

AS TO MENTAL FACULTIES:
 Rational Crimes – those that are committed with intent.
 Irrational Crimes – those that are omitted by offenders who do not know the nature of their
acts.
OTHER CLASSIFICATIONS OF CRIME
 Crimes by Imitation - crimes committed by merely duplicating those done by others.
 Crimes by Passion – crimes committed because of the fit of great emotion.
 Service Crimes – crimes committed by rendering service to satisfy the desire of another.
 Traditional Crime - committed every now and then
 Crimes Due to Social Change - poverty crimes
 Victimless Crime - act committed by consenting persons in private, there is no intended
victim.

MIDTERM COVERAGE
SCHOOLS OF THOUGHT IN CRIMINOLOGY

I. CLASSICAL CRIMINOLOGY
This school of thought is based on the assumption that individuals choose to commit crimes after
weighing the consequences of their actions. According to classical criminologists, Individuals have
freewill. They can choose legal or illegal means to get what they want, fear of punishment can deter them from
committing crime and society can control behavior by making the pain of punishment greater than the pleasure
of the criminal gains. This theory, however, does not give any distinction between an adult and a minor or a
mentally-handicapped in as far as free will is concerned.

FOUNDERS OF THE CLASSICAL CRIMINOLOGY:

1) CESARE BONESANA MARCHESE DI BECCARIA (1738-1794)
- published a book entitled “On Crimes and Punishment” in 1764; this book presented a coherent and
comprehensive design for an enlightened criminal justice system that was to serve the people
- his book contains almost all modern penal reforms but its greatest contribution was the foundation it
laid for subsequent changes in criminal legislation
- his book was influential in the reforms of penal code in France, Russia and it influenced the first ten
amendments to the US Constitution.

2.) JEREMY BENTHAM

- founded the concept to UTILITARIANISM –assumes that all our actions are calculated in
accordance with their likelihood of bringing pleasure and pain
- devised the PSEUDO-MATHEMATICAL FORMULA called “felicific calculus” which states that
individuals are human calculators who put all the factors into an equation in order to decide whether a
particular crime is worth committing or not
- here as one that in order to deter individuals from committing crimes, the punishment, or pain, must
be greater than the satisfaction, or pleasure, he would gain from committing the crime.

BASIC ELEMENTS OF CLASSICAL CRIMINOLOGY

 In every society, people have free will to choose criminal or law solutions to meet their needs
or settle their problems.
  Criminal solutions may be more attractive than lawful ones because they usually require less
work for a greater payoff; if left unsanctioned, crime has greater utility than conformity.
 A person’s choice of criminal solutions may be controlled by his fear of punishment.
 The more severe, certain, and swift the punishment, the better able it is to control criminal
behavior.

II. NEO-CLASSICAL CRIMINOLOGY

This theory modified the doctrine of freewill by stating that freewill of men may be affected by other
factors and crime is committed due to some compelling reasons that prevail. These causes are
pathology, incompetence, insanity or any condition that will make it impossible for the individual to
exercise freewill entirely.
In the study of legal provisions, this is termed as either mitigating or exempting circumstances.

III. POSITIVIST CRIMINOLOGY

Positive theorists were the first to claim the importance of looking at individual difference among
criminals.
These theorists who concentrated on the individual structures of a person, stated that people are
passive and controlled, whose behaviors are imposed upon them by biological and environmental
factors.
Positivist criminology is distinguished by three main elements:
(1) the search for the causes of crime, whether biological, psychological, or sociological;
(2) the use of the scientific method to test theories against observations of the world; and
(3) the rejection of punishment as a response to law-violating or deviant behavior, replaced with
treatment based on the medical (rehabilitation) model.

CESARELOMBROSO
- considered the FATHER OF MODERN CRIMINOLOGY due to his application of modern scientific
methods to trace criminal behavior, however, most of his ideas are now discredited
- he claimed that criminals are distinguishable from non-criminals due to the presence of atavistic
stigmata–thephysicalfeaturesofcreaturesatanearlierstageofdevelopment
- he asserted that crimes are committed by those who are born with certain recognizable hereditary
traits
- Lombroso’s work supported the idea that the criminal was a biologically and physically inferior
person
- according to him, there are three(3) classes of criminals:
1) born criminals–individuals with at least five(5) atavistic stigmata
2) insane criminals–those who are not criminals by birth; they become criminals as a result of
some changes in their brains which interfere with their ability to distinguish between right and
wrong
3) criminaloids- those with makeup of an ambiguous group that includes habitual criminals,
criminals by passion and other diverse types

AUGUSTE COMTE
  He is considered the founder of positivist school and sociology.
 He applied scientific methods in the study of society, from where he adopted the word
sociology.

DIFFERENT APPROACHES UNDER THE POSITIVIST CRIMINOLOGY

A) BIOLOGICAL DETERMINISM
This explanation for the existence of criminal traits associates an individual’s evil disposition to
physical disfigurement or impairment.
1) GIAMBAT TISTA DELAPORTA (1535-1615)
- Italian physician who founded the school of human physiognomy, the study official features
and their relation to human behavior; the study of judging a person’s character from facial
features to determine whether the shape of the ears, nose and eyes and the distances
between them were associated with anti-social behavior.

2) JOHANN KASPAR LAVATER (1741-1801)

- Swiss theology and who believed that people’s true characters and inclinations could be read
from their facial features

3) FRANZ JOSEPH GALL (1758-1828)

- born in Germany, a renowned neuron anatomist and physiologist and a pioneer in the study
of the localization of mental functions in the brain
- developed cranioscopy, a method to study the personality and development of mental and
moral faculties based on the external shape of the skull
- cranioscopy was later renamed as phrenology, the study that deals with the relationship
between the skull and human behavior

4) CHARLES GORING
- also studied phrenology or craniology which deals with the study of the external formation of
the skull indicating the conformation of the brain and the development of its various parts
which his directly related to the behavior of the criminal
- he believed that criminal characteristics were inherited and recommended that people with
such characteristics should not be allowed to reproduce
- according to him, people with epilepsy, insanity and feeblemindedness were among those
who should not be allowed to have children

5) JOHANN KASPARSPURZHEIM (1776-1832)

- German phrenologist who was the assistant of Gall
- he was the man most responsible for popularizing and spreading phrenology to a wide
audience

PHYSIOLOGY OR SOMATOTYPE
- this refers to the study of the body build of a person in relation to his temperament and personality
and the type of offense he is most prone to commit.
- this study which searches the relationship of body build to behavior became popular during the first
half of the twentieth century.

THE FF ARE THE PROPONENTS OF THE SOMATOTYPE SCHOOL OF CRIMINOLOGY:

1) ERNSTKRETCHMER
- he correlated body build and constitution with characters or temperamental reactions and
mentality
- he distinguished three(3) principal types of physiques:
a) asthenic–lean, slightly built, narrow shoulders; their crimes are petty thievery and
fraud
b) athletic–medium to tall, strong, muscular, coarse bones; they are usually connected
with crimes of violence
c) pyknic–medium height, rounded figures, massive neck, broad face; they tend to
commit deception, fraud and violence

2) WILLIAM SHELDON
- formulated of his own group of somatotype:

TYPE OF PHYSIQUE TEMPERAMENT

a) Endomorphic - relatively large  Viscerotonic – generally relax and
digestive viscera; round body; short, comfortable person, loves luxury
tapering limbs; small bones; and essentially extrovert
smooth, velvety skin

b) Mesomorphic – with relative  Romotonic – active, dynamic;

predominance of muscles, bones walks, talks and gestures
and motor organs of the body with assertively and behaves
large wrist and hands aggressively
 Cerebrotonic – introvert prone to
c) Ectomorphic – relative pre- allergies, skin troubles, chronic
dominance of skin and its fatigue, insomnia, sensitive skin and
appendages which includes the sensitive to noise with droopy
nervous system; it has fragile and shoulders, small face and sharp
delicate bones nose, fine hair and with relatively
small body

SIGMUND FREUD
- he is recognized as the Father Of Psychoanalysis
- he founded the PSYCHOANALYTIC THEORY OF CRIMINALITY in which he attributed delinquent
and criminal behavior to a conscience that is over bearing which arouses feelings of guilt or a
conscience that is so weak that it cannot control the individual’s impulses and the need for immediate
gratification
- in his theory, Personality is Comprised of Three Components:
a) ID–this stands for instinctual drives; it is governed by the “pleasure principle”; the id
impulses are not social and must be repressed or adapted so that they may become socially
acceptable
b) EGO–this is considered to be the sensible and responsible part of an individual’s personality
and is governed by the “reality principle”; it is developed early in life and compensates for the
demands of the id by helping the individual guide his actions to remain within the boundaries of
accepted social behavior; it is the objective, rational part of the personality
c) SUPEREGO–serves as the moral conscience of an individual; it is structured by what values
were taught by the parents, the school and the community, as well as belief in God; it is largely
responsible for making a person follow the moral codes of society.

EMILE DURKHEIM
- one of the founding scholars of sociology
- published a book, “Division of Social Labor”, which became and mark work on the organization of
societies
- according to him:
a) Crime is as normal a part of society as birth and death
b) Crime is part of human nature because it has existed during periods of both poverty and
prosperity
c) As long as human differences exists, which is one of the fundamental conditions of society,
it is but natural and expected that it will result to criminality
- One of his profound contributions to contemporary criminology is the concept of anomie, the
breakdown of social order as a result of loss of standards and values

GABRIELTARDE
- introduced the Theory of Imitation, which governs the process by which people become criminals
- The Theory of Imitation is explained by the following patterns:
a) Pattern1: individuals imitate others in proportion to the intensity and frequency of their
contact
b) Pattern2: inferiors imitate superiors
c) Pattern3: when two behavior patterns clash, one may take the place of the other

ADOLPHE QUETELET
- He repudiated the freewill doctrine of the classicists
- He founded what is known as the Carthographic School of Criminology, together with Andre Michael
Guerry
- This study used social statistical data and provided important demographic information on the
population, including density, gender, religious affiliations and social economic status
- He found a strong influence of age, sex, climate condition, population composition and economic
status in criminality

ENRICO FERRI
- a member of the Italian parliament
- he believed that criminals could not be held morally responsible because they did not choose to
commit them by conditions of their live.

UNHOLY THREE
 CESARE LOMBROSO (founder of Italian School of Thought)
 ENRICO FERRI
 RAFAELLE GAROFALO

TYPOLOGY

- is an organizing device for categorizing large amounts of information into mutually exclusive categories.
- It refers to the type of a particular crime category.

REVISED PENAL CODE

Act No 3815 – took effect on January 01, 1932
BOOK ONE – Articles 1-113 – regarding the offenses, the persons liable and the penalties
BOOK TWO – Articles 114 – 367 crimes and penalties
1. Crimes against national security and the law of nations;
2. Crimes against fundamental laws of the state;
3. Crimes against public order;
4. Crimes against public interest
5. Crimes relative to opium and other prohibited drugs.
6. Crimes against public morals
7. Crimes committed by public officers
8. Crimes against persons
9. Crimes against personal liberty and security
10. Crimes against property
11. Crimes against chastity
12. Crimes against the civil status of persons
13. Crimes against honor
14. Quasi-offenses

General Categories Of Crimes

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
 Special Law is a statute enacted by congress, penal in character, which is not an amendment of the
Revised Penal Code.
2. Felony – it is a serious crime. This category includes murder, rape, aggravated assault, robbery, arson, and so
on. A felony is an act or omission that is punishable by the Revised Penal Code.
3. Delinquency/Misdemeanor/Infractions – it is an act that is in violation of a simple rule or regulation, a
minor violation of the law. It is usually refers to those committed by minor offenders such as violations of city
or municipal ordinances.

THE CONVENTIONAL CRIMES

a. Violent crimes (index crimes) – are criminal acts, which in the threat of or actual physical harm by an
offender to a victim. It presents not only index offenses that every one recognizes as violent or other acts
involving force and intimidation but also “violent crimes” that are commonly categorized as “social problem”
such as domestic violence. Child abuse, elder abuse, etc.

Violent acts are in the forms of:

1. Interpersonal violence – rape, murder

2. Political violence - terrorism
3. Collective violence – riots, mobs, crowds

A. MURDER – is the unlawful killing of human being with malice and with the “act of violence”.

Types of Murder

1. Serial Murder – an act involving killing of several victims in three or more separate incidents over a week, a
month or year.
2. Mass Murder – it is the killing of four or more victims at one location with one event.
3. Spree Murder – the killing of in two or more locations with almost no time break between murders.

Type of serial killers

a. Thrill killers – these killers strive for either sexual sadism or dominance. This is the most common form
of serial murderer.
b. Mission killers – these killers want to reform the world or have a vision that drives them to kill.
c. Expedience killers – killers who kill out for profit or want to protect themselves from a perceived
threat.
Types of mass murderers

a. Revenge killers – these killers seek to get even with individuals or society at large.
b. Love killers – motivated by warped sense of devotion. They are often despondent people who commit
suicide and take other, such as wife and children with them.
c. Profit killers – usually trying to cover-up a crime, eliminate witnesses, and carry out a criminal
conspiracy.
d. Terrorist killers – killers who are trying to send a message. Gang killings to tell rivals to watch out;
cult killers may actually leave a message behind to warn society about impending doom.

B. HOMICIDE AND ASSAULT

 HOMICIDE is also unlawful killing without the qualifying circumstances of murder. It is generally
regarded as the most commonly committed of all the index crimes. (based on the UCR offenses)
  ASSAULT is called “unlawful attack” to another person purposely to harm or inflict physical injuries.
It is a crime that involves offering to give bodily harm to a person or placing the person in fear.

C. ROBBERY
 INTERPOL defined robbery as “violent theft”. It is the taking of property belonging to another with
intent to gain by means of force upon things, violence of intimidation against the person.

Kinds of robbery
1. Robbery of person – “hold-up cases”
2. Robbery in open place following sudden attack – “snatching cases”
3. Robbery in private premises – “forcible entry”
4. Robbery after preliminary association of short duration between victims and offender.
5. Robbery in case of previous association between victim and offenders.

Types of robbers
1. The Professional Robber – robber who has long-terms commitment to the crime of robbery as a major
source of livelihood.
2. The Opportunist – the commonly known as “bandits”, one who has little commitment to or
specialization in robbery and one who is all purpose property offender.
3. The Addict Robber – one who committed the crime of robbery to support the drug habit.
4. The Alcoholic Robber – like the addict robber who engages to robbery occasionally in order to support
his habit.
5. The Muggers – they are most feared robbers, sometimes called “strong armed robbers”, - the street
robbers who commit everything from snatching to the brutalization of the victim.

D. RAPE
• It is commonly defined as “carnal knowledge of a woman against her will”.
• It is derived from the Latin “Rapere” or take by force, often perceived primarily as a sexually-motivated
act.
• RA 8353 Anti-Rape Law of 1997
• Violent act in which sexual relations are merely a means of expressing violence, aggression and
domination.
Categories of Rape
1. Real Rape – aggravated rape involving violence, weapons and attackers
2. Simple Rape – anything else not fall as “real rape” such as: victims are viewed as suspicious,
particularly if the victim did not physically resist.

General Effect of rape

“Rape Trauma Syndrome” – refers to the adverse psychological impacts rape victims continue to suffer long
after the incident. It includes.

a. Sexual anxiety
b. Pervasive fear to the opposite sex
c. Problems in interpersonal relationship
d. General problem of unhappiness
Three types of rape
 1. Anger Rape – sexual attack becomes a means of expressing anger or rage and involves more physical
assault upon the victim.
2. Power Rape – assailant primarily wishes to express his domination over the victim.
3. Sadistic Rape – perpetrator combines the sexuality and aggression aims in psychic desires to often
torture or otherwise abuse the victim.

E. FAMILY VIOLENCE
- are violent crimes involving physical assault by a family member to another family members such as the
following:
1. Child Abuse – an attack or assault of an adult against the defenseless or people who cannot defend
themselves, usually by a parent to a child.
2. Spouse Abuse – “husband vs wife battering”

Criminal career of violent offenders

a. Violence as a means of resolving grievances
b. Violence as a means of personal revenge
c. Violence as a means to employ domination, power and anger.

Types of Violent Offenders (John Conrad)

1. Culturally Violent Offenders – those who live in subcultures which violence is an acceptable problem
mechanism.
2. Criminally violent Offenders – those who use violence as a means to accomplish criminal acts.
3. Pathological Violent Offenders – those who commit violent crimes due to mental disturbances.
4. Situational Violent Offenders – those who commit acts of violence on rare occasions, often under
provocations. They are the criminals “by passion”.

3. Destructive Property Crimes

- arson – unlawful burning of property on another

Types of Arson
1. Profit motivated
2. Revenge Arson
3. Vandalism Arson
4. Excitement arson
5. Sabotage Arson

F. ECONOMIC CRIMES
– a crime of the market place, economic or enterprise crimes are committed when a person uses illegal tactic to
make profit.

Three Categories:

1. White Collar Crimes

2. Cybercrimes
3. Organized Crimes

G. ENTERPRISE CRIME
 • A crime of the market place, economic or enterprise crimes are committed when a person uses illegal
tactic to make profit.
• White collar crimes, cybercrimes, organized crimes

H. WHITE COLLAR CRIMES – involved illegal activities of people and institutions whose acknowledge
purpose is profit through illegitimate business transactions.
- In 1930’s criminologists EDWIN SUTHERLAND coined the phrase “White-Collar Crime” to describe
the criminal activities of the rich and powerful.
- He defined white-collar crime as “a crime committed by a person of respectability and high social status
in the course of his occupation.”
- According to Sutherland, white-collar crime involves conspiracies by members of the wealthy classes to
use their position in commerce and industry for personal gain without regard to the law.
Components of White-Collar Crimes

1. Stings and Swindles – white-collar crime in which people use their institutional or business position to
bilk people out of their money. Offenses in this category range from fraud involving the door-to-door
sale of faulty merchandise to passing millions of dollars in counterfeit stock certificates to an established
brokerage firm.
2. Chiseling – involves charging for bogus auto repairs, cheating customers on home repairs, or short-
weighting (intentionally tampering with the accuracy of scales to weigh products) in supermarket or
dairies.
3. Individual Exploitation of Institutional Position – involves individuals exploiting their power or
position in organizations to take advantage of other individuals who have an interest in how that power
is used.
4. Influence Peddling and bribery – committed by an individual’s holding important institutional
positions sell power, influence and information to outsiders who have an interest in influencing or
predicting the activities of the institution.
5. Embezzlement and Employee Fraud – involves individual’s use of their positions to embezzle
company funds or appropriate company property for themselves.
6. Client Fraud - a theft by an economic client from an organization that advances credit to its clients or
reimburses them for services rendered. Included in this category are insurance frauds, credit card fraud
related to welfare and Medicare programs, and tax evasion.
7. Corporate Crime/Organizational Crimes – involves situations in which powerful institutions or their
representation willfully violate the laws that restraint these institutions from doing social harm or require
them to do social good.
Forms of White-Collar Crimes

1. Corporate crimes – the violation of a criminal statute either by a corporate entity or by its executives,
employees or agents, acting on behalf of and for the benefit of the corporation, partnership or other
business entity.
2. Environmental crimes – violation of a criminal law which, although typically committed by businesses
or by business officials, may also be committed by other persons or organizational entities, and which
damage some protected or otherwise significant aspect of the natural environment.
3. Occupational crimes – any act punishable by law, which is committed through opportunity created in
the course of an occupation that is legal.
Also refers to:
1. White-collar crime (Sutherland)
 2. Avocational crime – committed by one who does not think for himself as criminal and whose
major source of income is something other than the crime.
3. Corporate crime – committed by corporate officials for their corporations and the offenses of
the corporation and the offenses of the corporation itself.
4. Economic crime – illegal activity that principally involves deceit, misrepresentation,
concealment, manipulation, breach of trust and illegal circumvention.
5. Organizational Crime – illegal actions taken in accordance with operative organizational goals
that seriously harm employees or the general public.
6. Upper-world crime – law-breaking acts, committed by those who, due to their positions in the
structure have obtained specialized kinds of occupational slots essential for the commission of
these offenses.

Classified as:
1. Organizational Occupational Crime – crimes committed for the benefit of the entire
organization or the employer, not individual employees.
2. State authority occupational crime – crimes by officials through the exercise of their state-
based authority. Such crime is occupation specific.
3. Professional Occupational crime – crimes by professionals in their capacity as professionals.
4. Individuals Occupational Crime – crimes by individuals as individuals.

I. CYBERCRIMES – which involve people using the instruments of modern technology for criminal
purpose.
- These are new breed of white-collar offenses that can be singular or on-going and typically involve the
theft of information, resources, or funds.
- Cybercriminals use emerging forms of technology to commit criminal acts.
- They involve the use of technology to commit crimes such as fraud and theft.
- In other instances, the technology itself is the target e.g., illegal copying and sale of computer software.

Forms of Cybercrime

1. Internet Crimes – selling of pornographic materials in the internet and swindling.

2. Computer Crimes – computer related thefts like the: Trojan horse-which one computer is used to
reprogram another for illicit purpose; the Salami Slice-where an employee sets up a dummy account in
the company’s computerized records, a small amount is subtracted from customers accounts and added
to the account of the thief; installing a virus in a computer system etc.
Five Categories of Computer Crimes

1. Theft of services, in which the criminal uses the computer for unauthorized purposes or an authorized
user, penetrates the computer system. Included with in this category is the theft of processing time and
services not entitled to an employee.
2. Use of data in a computer system for personal gain.
3. Unauthorized use of computers employed for various types of financial processing to obtain assets.
4. Theft of property by computer for personal use or conversion to profit. For example, using a computer to
illegally copy and sell software.
5. Making the computer itself the subject of crime for example, when a virus is placed in it to destroy data.
 FINAL COVERAGE
TOPIC 2: CRIMES IN THE MODERN WORLD
• The crimes in the modern world represent the latest and the most dangerous manifestations of the
something-for-nothing-complex problems of society.
• This includes organized crimes, white collar crimes, conventional crimes, victimless crimes and the so
called transnational crimes
Transnational crimes

- is an offense that has an international dimension and implies crossing at least one national border before,
during or after the fact.
- This include but not limited to illegal drug trafficking, money laundering, terrorism, arms smuggling,
piracy, kidnapping, trafficking in persons, and cybercrimes.
-
ORGANIZED CRIMES - involve illegal activities of people and organizations whose acknowledged purpose
id profit through illegitimate business enterprise.

• It is a criminal activity by an enduring structure or organization developed and devoted primarily to the
pursuit of profits through illegal means.
• It is sometimes referred to as the “MOB”, “MAFIA”, “SYNDICATE” or the “COSA NOSTRA”, which
are known as “the enemy with in”, “the 2nd government”, “the 5th estate” or the “crime confederation”.
• The term Cosa Nostra (literally means “one thing”) or mafia is use to signify organized crimes, and one
of the varieties names for either mob or syndicate.
• A strict code of conducts governs their behavior called the “Ometra” – the mafia’s code of secrecy, and
informal, unwritten code of organized crime, which demand silence and loyalty, among other thing, of
family members.
Characteristics of Organized Crime

1. It is a conspiracy activity involving coordination of members.

2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption.
5. Effective control over members, associates and victims.
6. Organized crime does not include terrorist dedicated to political change.
7. Careful planning of its crime to achieve maximum success.
8. Is synonymous with the Mafia, the most experienced, most diversified, and possibly best disciplined of
these groups.
9. Employs predatory tactics, such as intimidation, violence and corruption.

HOW THE ORGANIZED CRIME GROUP WORKS?

For the Organization to work, there must be:

1. An Enforcer - one who make arrangements for killing and injuring the members or non-members.
2. A Corrupter – one who bribes, buys, intimidates, threatens, negotiates, and “sweet talks” into a relationship
with the police, public officials or any else who might help the members security and maintain immunity from
arrest, prosecution and punishment.
3. A Corruptee – a public official, usually not a member of the organization family, who can wield influence
on behalf of the organization’s interest.

GENERIC TYPES OF ORGANIZED CRIMES

1. Political Graft – manned by political criminals who use force and violence of a means to obtain profit or
gain, and or achieving political aims or ambitions. Example : vote buying, employment of private armies
2. The Mercenary/Predatory – crimes committed by groups for direct personal profit but prey upon unwilling
victims. Example : extortionist, racketeers
3. In-Group Oriented – groups manned by semi – organized individual whose major goals are for
psychological gratification such as adolescent gangs. Example : motorcycle gangs
4. Syndicated crime – the organization that participates in illicit activity in society by the use of force, threat or
intimidation.

Essential Composition of Organized crimes

• PROFESSIONAL CRIMES refer to occupations or their incumbents, which possesses various traits
including useful knowledge that requires lengthy training, service orientation and code of ethics that
permits occupations to attempt to obtain autonomy and independence with high prestige and
remuneration.
Characteristics of professional crimes (Sutherland)
1. Crime is a sole means of livelihood.
2. Careful planning, and reliance upon technical skills and methods.
3. Offenders are of migratory life style.
4. The groups have shared sense of belongingness, rules, codes of behavior, and mutual specialized
language.
CRIMINOLOGICAL TYPES OF ORGANIZED CRIMES

1. Traditional crime syndicate- an individual who does not acquire new technique in the crime world.
2. non-traditional crime syndicate – insist what they know and sometimes no pattern of criminal activity
3. semi-organized – more on economic gain politically controlled organized crime – syndicated crime group
by politicians

OTHER TYPES OF ORGANIZED CRIMES

1. THE CRIMINAL GANG - is an intimate group bound by ties, friends and loyalty that tends to establish its
own folkways and mores, in opposition to those of conventional society. The criminal gangs always resort
to the physical force in perpetrating their crimes.
2. THE CRIMINAL SYNDICATES - Stable business organization whose violence directed in unwelcome
confederation. The term syndicate is a combination of capitalism turn into for the purpose of prosecuting
illegal schemes, requiring large source of capital and the subject is to obtain control market of the particular
commodity.
3. RACKETEERS - a racket is an organized method of existing money from that engage e in illegitimate or
legitimate enterprises by the illegal means often accompanied by threats of infliction of injury or destruction
of property

Public Crimes

Public order crimes or Victimless Crimes - are acts considered illegal because they conflict with social
policy, accepted moral rules and public opinion. Example of which are prostitution, gambling, pornography,
obstruction etc.,

Prostitution (Art 202 RPC- Vagrant and Prostitutes)

- Defined as granting non-marital sexual access, established by mutual agreement of the prostitute, their
client, and their employer for remuneration.
- An act committed by a woman habitually indulge in sexual intercourse or lascivious conduct for money
or profit. (RPC)
Prostitute – referred to by sociologist as “street level sex workers” whose activities are similar to any other
service industry.

Types of Prostitutes

1. Street Walker – those who work the streets in plain sight of the police, citizens and customers. They are
referred as hustlers, hookers or streetwalkers.
2. Bar Girls – spend their time in bars, drinking and waiting to be picked up by customers.
3. Brothel prostitutes – those who were called bordellos, cathouse, sporting house and houses of ill-
repute. They were large establishment usually rums by madams that housed several prostitutes.
4. Call girls- considered as the “Aristocrats of Prostitution.” They gain clients thru employment in escort
services, and others develop independent customers list. Many call girls come from the middle-class
background and serve upper class customers.
5. Circuit Travelers – those who move around in groups of two or three to lumber labor and agricultural
camps. They ask foreman for permission to ply their trade, service the whole crew in an evening and
then move on. Some seek clients at truck stops and rest areas.
 6. sneezers – those who have substance abuse problems and their prostitution is committed to support their
drug habits.
7. Escort Services/ Call Houses – relatively new phenomenon, call houses combine elements of the
brothel and call girl rings.
8. Massage Parlors/Photo Studio – house in a massage parlor and or photo studios. Oral sex and manual
stimulation are common.
Pornography and Obscenity (Art 200- 201 RPC)

Pornography – depicts imaginable explicit sex act that aim to provide sexual titillation and excitement for
paying customers.

Obscenity – designed to incite to lust or depravity.

Note: These acts are punishable under Art 201 of the RPC, which was subsequently amended by PD 960
and 969. Recent legislations related to this crime are R.A. 9775 – An Act Defining the Crime of Child
Pornography, Prescribing Penalties therefore and for other purposes approved on Nov. 17, 2009 and R.A.
9995 – An Act Defining and Penalizing the Crime of Photo and Video Voyeurism prescribing penalties
therefore, Approved on February 15, 2010.

INTRODUCTION TO CRIMINAL LAW

Origins of Law
 Norms – indicate societal expectations of what is right or “normal”, of what ought to be; they may also
indicate what is wrong or “abnormal,” what ought not to be.
 Folkways – define what is socially approved or disapproved, but they do not reflect a sense of moral
obligation. Their meaning is perhaps best captured by this penalties that accompany their violation are
relatively mild and include ridicule and ostracism.
 Mores (singular, mos) are also informal norms, but adherence is far more obligatory: though must or
must not do something. Violation of a mos is met with strong sense of moral indignation; moreover, the
penalties that accompany the violation of mores are far more severe, including, in extreme cases, the
death penalty.
Two forms of laws
1. CUSTOMARY LAWS – perhaps the oldest form. They represent the codification of the traditional
practices and include definitions of the condemned act or omission, the procedures for determining guilt
or innocence, and the punishments for those found guilty.
2. Enacted laws – are deliberately recorded by an official representative or representatives of the
community, they are explicit and carry the weight of the community.
Definition of law

• LAW may be defined as formal social control involving the use of rules or norms that are enacted,
interpreted, administered, and enforced by specialized agents of the political state or community.
Definition of criminal law

• Criminal Law is that branch or division of law which defines crimes, treats of their nature, and provides
for their punishment (RPC)
• Criminal law is a branch of jurisprudence that deals with offenses committed against the safety and
order of the state.
• Criminal Law is a public law because the state behaves as if it were the aggrieved party when the
criminal law is breached.
• Criminal Law is a statutory law because it is derived from statues enacted duly by authorized
legislative bodies; if it is substantive because it is administered and enforced by courts.
Basic Elements of criminal law

1. There must be a law or statute promulgated by the State;

2. The law or statute must specifically define what act or conduct is criminal; and
3. The law or statute must have a penal sanction.
Limitations upon the power of the state to enact penal laws
1. It cannot enact an ex post facto law nor bill of attainder;
2. Penal laws must be of general application; and
3. It cannot provide for a cruel unusual punishment nor can it impose excessive fine.
Characteristics of criminal law

1. Generality – the law is binding upon all persons who reside or sojourn in the Philippines, irrespective of
age, sex, color, creed, or personal circumstances.
2. Territoriality – the law is applicable to all crimes committed within the limits of Philippines territory,
which includes its atmosphere, interior waters and maritime zone.
3. Irretrospectivity or prospectivity – the law does not have any retroactive effect, except if it favor the
offender unless he is habitual delinquent or the law otherwise provides.

Characteristics of primitive laws

1. Acts that injured others were considered private wrongs;
2. The injured party was entitled to take action against the wrong doer; and
3. This action usually amounted to in-kind retaliation.

1. CODE OF HAMMURABI
 It is considered one of the first known attempts to establish a written code of conduct;
 This code established rules regarding theft, sexual relationship, and interpersonal violence, and it
was intended to replace blood feuds with a system sanctioned by the state.
The code of Hammurabi was divided into five sections
1. A penal or code of laws;
2. A manual of instruction for judges, police officers, and witnesses;
3. A handbook of rights and duties of husbands, wives and children;
4. A set of regulations establishing wages and prices; and
5. A code of ethics for merchants, doctors and officials.
2. THE MOSAIC CODE
 The Mosaic Code, which is based on the assumption that God entered into a covenant with the
tribes of Israel, had a long-lasting impact on our collective consciousness.
 Prohibition against murder, perjury, and theft were all present in the Mosaic Code.
3. THE TWELVE TABLES
 Written around 450 B.C.
 These tables were collection of basic rules relating to the conduct of family and religious
economic life.
 PHILIPPINES CRIMINAL LAW
• Act No. 3815 or the Revised Penal Code – took effect on January 1, 1932.
Historical Background

• The main source of the RPC is the Spanish Penal Code of 1870. – this code extended to the Philippines
by virtue of Royal Order of December 17, 1886, which took effect on July 14, 1887. The RPC was
prepared by the Code Committee headed by Justice Anacleto Diaz.
Parts of the revised penal code

1. Principles affecting criminal liability (Articles 1-20)

2. Penalties including criminal and civil liability (Articles 21-113)
3. Specific felonies and their penalties (articles 114-366)

Basic principles of criminal law

1. There is no crime when there is no law punishing it.

2. As a rule, penal laws are prospective in effect.
3. Penal laws and those public security and safety shall be obligatory upon all who live or sojourn in
Philippine territory subject to the principles of international law and to treaty stipulations.
4. As a rule, our Revised Penal Code shall be enforced not only within the Philippines Archipelago,
including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction,
against those who:
1. Should commit an offense while one a Philippine ship or airship.
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands.
VICTIMOLOGY

Victimology - is the study of the victim, the offender and society.

- Victimology as an academic term contains two elements: • One is the Latin word “Victima” which
translates into “victim”. • The other is the Greek word “logos” which means a system of knowledge, the
direction of something abstract, the direction of teaching, science, and a discipline.
- This definition encompasses both the research of scientific aspects of the discipline as well as the
practical aspects of providing services to victims’ crimes.
Effects of Crime Victimization

1. Loss - includes financial property and productivity losses on the part of the victims. Likewise, crime
produces social costs that must be paid by non-victims.
2. Suffering - millions of crime victims, suffer injury each year ranging from scratch to a gunshot.
3. Fear – victims of violent crimes are the most deeply affected, fearing a repeat pf their attack.
- The effect of fear are critical considering that forms of victimization are so wide spread.

Altruistic Fear (fear for others) - People fear for the safety of others in their lives, children,
spouses, and friends whose safety they value.

4. Antisocial Behavior – there is growing evidence that people who are crime victims also seem more
likely to commit crime themselves.
 Cycle of Violence - There is a strong evidence that being abused or neglected as a child increases the
odds of being arrested both as juvenile and as an adult.

Characteristics of Victims

1. Gender - men are thrice more likely than females to suffer violent crimes. Women are six (6) times
more likely than men to be victims of rape or sexual assault.
2. Age – young people face a much greater victimization risk than do older person.
3. Social Status - people in the lowest income categories are much more likely to become crime victims
than those who are more affluent.
4. Marital Status - separated and never-married males and females more often than married people.
5. Ethnicity - ethnic minorities share a high risk of victimization.
6. Repeat Victimization - individuals who have been crime victims maintain a significantly higher chance
of future victimization than people who have remained non-victims.
Theories of Victimization

1. Victim Precipitation Theory - victims trigger criminal acts by their provocative behavior. It is consist
of active precipitation, which involves fighting words or gestures, and passive precipitation that occurs
when victims unknowingly threaten their attacker.
2. Lifestyle Theory – suggest that victimization risk is increased when people have a high risk lifestyle.
Placing oneself at risk by going out to dangerous places results in increased victimization.
3. Deviant Place Theory – this theory postulated that people who live in deviant places are at high risk
from crime. Victim behavior has little influence over the criminal act.
4. Routine Activities – crime rate can be explained by the availability of suitable targets, the absence of
capable guardians, and the presence of motivated offenders.
Victims Service Programs

1. Victims Compensation
2. Law services
3. Public education
4. Crisis intervention
5. Victim-offender Reconciliation Program

KEY CONCEPTS IN VICTIMOLOGY

Definition of Terms

1. “Victim” has it roots in the early religious notions of suffering, sacrifice and death. This concept of “victim”
was well known in the ancient civilizations, especially in Babylonia, Palestine, Greece, and Rome. In each of
these civilizations the law mandated that the victim should be recognized as a person who deserved to be made
whole again by the offender.

2. “Crime victim” is a person who has been physically, financially or emotionally injured and/or had their
property taken or damaged by someone committing a crime.
3. “Victimogenesis” refers to the origin or cause of a victimization; the constellation of variables which caused
a victimization to occur.

4. “Victim Precipitation” a victimization where the victim causes, in part or totally, their own victimization.

5. “Vulnerability” is a physical, psychological, social, material or financial condition whereby a person or an

object has a weakness which could render them a victim if another person or persons would recognize these
weaknesses and take advantage of them.

6. “General Victim” is a person who has been physically, financially or emotionally injured and/or had their
property taken or damaged by someone, an event, an organization or a natural phenomenon.

7. “Victimization” refers to an event where persons, communities and institutions are damaged or injured in a
significant way. Those persons who are impacted by persons or events suffer a violation of rights or significant
disruption of their well-being.

8. “Victimology” is an academic scientific discipline which studies data that describes phenomena and causal
relationships related to victimizations. This includes events leading to the victimization, the victim’s experience,
its aftermath and the actions taken by society in response to these victimizations.

9. “Abuse of Power” is the violation of a national or international standard in the use of organized powerful
forces such that persons are injured physically, mentally, emotionally, economically, or in their rights, as a
direct and intentional result of the misapplication of these forces.

10. “Victim Assistance, Support or Services” are those activities which are applied in response to
victimizations with the intention of relieving suffering and facilitating recovery. This includes offering
information, assessments, individual interventions, case advocacy, system advocacy, public policy and
programme development.

11. “Victim Recovery” is the resumption of the same or better level of functionality as was enjoyed prior to
victimization..

12. “Child Abuse” is the intentional application of sexual, physical, emotional or psychological injury to a
child to include neglect at the hands of her or his parents or care-provider within the confines of their family or
place of care.

13. “Victim Offender Mediation” (VOM) is a formal process for face-to-face meetings in the presence of a
trained mediator between a victim of a crime and his/her offender who committed that crime. This is also called
victim-offender dialogue, victim-offender conferencing, victim-offender reconciliation, or restorative justice.

14. “Restorative Justice” is a systematic formal legal response to crime victimization that emphasizes healing
the injuries that resulted from the crime and affected the victims, offenders and communities. This process is a
departure from the traditional retributive form of dealing with criminals and victims which traditionally have
generally perpetuated the conflict which resulted in the original crime.

15. “Victim Trauma” includes emotional and physical experiences that produce pain and injuries. Emotional
injury is a normal response to an extremely abnormal event. It results from the pairing of a painful or
frightening emotional experience with a specific memory which emerge and have a long lasting effect on the
life of a person. The more direct the exposure to the traumatic event, the higher the risk for emotional harm and
prolonged effects.

16. “Crisis Intervention” is the provision of emergency psychological care to traumatized victims so as to help
them return to an adaptive level of functioning and to prevent or mitigate the negative impact of psychological
and emotional trauma.

17. “Compensation” is a formal administrative procedure provided by law which provides only money to
victims for “out of pocket” real expenses directly resulting from the victimization to be paid by the state after
the victim is found to qualify according to specific criteria determined by the respective state or federal law.

18. “Restitution” is a formal judicial procedure used by a judge after guilt is determined as part of a sentence
which can provide money and/or services to the victim for damages or suffering which resulted from the
victimization to be paid or performed by the offender.

19. “Victim Survey” is a periodic data collection and analysis process conducted usually by a government
entity within the general population to study information about crime victims regardless whether they reported
their victimization to the police or not.

20. “Victim Rights” are privileges and procedures required by written law which guarantee victims specific
considerations and treatment by the criminal justice system, the government and the community at large.

UNDERSTANDING THE BASICS OF CRIMINOLOGICAL RESEARCH

CRIMINOLOGY PROFESSION IN THE PHILIPPINES