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CRIMINOLOGY

Introduction to Criminology

▪ Criminology is the body of knowledge regarding crime as a social phenomenon. It includes within its scope the processes of making laws, of breaking laws, and of

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reacting toward the breaking of laws.
▪ Criminology as the scientific study of crimes, criminals, and victims, it also deals with the prevention, and solution of crimes. (R.A. 11131)

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▪ According to Edwin Sutherland, Dean of Modern Criminology, “Criminology is the entire body of knowledge regarding crime as a social phenomenon. It includes
within its scope the process of making laws, of breaking laws and of reacting towards the breaking of the laws”. (Proponent of DAT)
▪ Feminist Criminology is a developing intellectual approach which emphasizes gender issues in the subject matter of criminology.
▪ Peacemaking Criminology holds that crime-control agencies and the citizens they serve should work together to alleviate social problems and human suffering and

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thus reduce crime.
▪ Radical Criminology holds that the causes of crime are rooted in social conditions which empower the wealthy and the politically well organized, but disenfranchise

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those less fortunate. Also called Marxist or critical criminology.
▪ Rational Choice Theory is a perspective which holds that criminality is the result of conscious choice, and which predicts that individuals choose to commit crime
when the benefits outweigh the costs of disobeying the law.

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Is criminology as Science?
▪ George Wilker – absolutely not a science due to the variations of behavior.
▪ Edwin Sutherland and Donald Cressey – not a science but has the hope of becoming a science for the reason that man is the subject of the study.

Nature of Criminology (S.A.N.D.)

● Social Science - crime is a social creation and that it exists in the society.
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● Applied Science - study of the causes of crimes; anthropology, psychology, sociology and other natural sciences may be applied.
● Nationalistic - study of crimes must be in relation with the existing criminal law within a territory or country.
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● Dynamic - criminology changes as social condition changes.

Principal Components of Criminology

● Criminal Etiology – cause/origin of crime.
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● Sociology of Law – scientific analysis of the condition which the penal law has developed as a process of formal or social control.
● Penology – study of criminal punishment. From the latin word “poena” which means pain or suffering.

▪ Mala inse – so serious in their effects on society as to call for almost unanimous condemnation of its members.
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▪ Mala prohibita – violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society.
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Criminological Classification of Crime

✔ Acquisitive Crime – acquires something as a consequence of his criminal act.
✔ Extinctive Crime – criminal act is destruction.
✔ Seasonal Crime – committed only at a certain period of the year.
✔ Situational Crime – committed only when given a situation conducive to its commission.
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✔ Episodal Crime – series of acts within a lengthy period of time.

✔ Instant Crime – shortest possible time.
✔ Static Crime – only in one place.
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✔ Continuing Crime – several places.

✔ Rational Crime – offender is in full possession of his mental faculties.
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✔ Irrational Crime – offender does not know the nature of his act.
✔ White Collar – committed by a person of responsibility in the course of his occupation.
✔ Blue Collar – committed by ordinary professional to maintain their livelihood.
✔ Upper World – committed by individuals belonging to the upper class of society.
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✔ Under World – committed by under privilege class of society.

✔ Crimes by Imitation – committed by merely duplication of what was done by others
✔ Crimes by Passion – because of the fit of great emotions.
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✔ Service Crimes – committed through rendition of a service to satisfy desire of another.

Who is a criminal?
▪ Person who violated a social norm or one who acted an anti-social act. (Sociological sense)
▪ Person who has committed a crime and has been convicted of final judgment by a competent court. (Legal sense)
Based on Etiology
▪ Acute – violates a criminal law by impulse or due to fit of passion.
▪ Chronic – acted with deliberation or premeditation.
Based on Behavioral System
▪ Ordinary – lowest mammal in the criminal profession; he was forced by opportunity pushed to commit crime.
▪ Professional – engaged in criminal activities with high degree of skill.
▪ Organized – associates himself with other criminals to earn a high degree of organization to enable them to commit crimes easily without being detected by
authorities.
Based on Activities
▪ Professional – practice crime as a profession for a living.
▪ Accidental – commit crimes when the situation is conducive to its commission.
▪ Habitual – because of deficiency of intelligence and lack of self – control.
Based on Mental Attitude
▪ Active Aggressive – due to aggressiveness

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▪ Passive Inadequate – because they are forced by a reward or promise.
▪ Socialized Delinquent – Individual with defective socialization process

Factors Enhancing Criminality

▪ Criminal Demography
▪ Criminal Epidemiology
▪ Criminal Ecology
▪ Criminal Physical Anthropology
▪ Criminal Psychology
▪ Criminal Psychiatry
▪ Victimology

Classification of Victim
✔ Primary victim – directly suffered as a result of the crime
✔ Secondary Victim – such as the spouse, children, parent, brothers, sisters or relative of the victim.
✔ Tertiary Victim – those who become victim psychologically.

Victimology – scientific study of crime victims. (1947 is the first used of the word “Victimology”)

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Types of Victim (Benjamin Mendelson)
1. Completely Innocent Victim – bears no responsibility at all for victimizations. (Ex. Child)

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2. Victim with Minor Guilt – victimized due to ignorance
3. Victim as guilty as offender/Voluntary Victim – bear as much as responsibility as the offender. (Ex. A person who enters into a suicide pact)
4. Victim More Guilty than Offender – instigates or provokes his/her own victimization.

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5. Most Guilty Victim – victimized during perpetration of a crime or as a result of a crime.
6. Simulating or Imaginary Victim – fabricates a victimization effect.

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Types of Victim (Von Hentig)
1. Depressive – easiest to target
2. Wanton – vulnerable to stress
3. Greedy – easy to deceive

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4. Tormentor – attack by the victim

Notable Personalities in Criminology

● August Aichorn – argued that the cause of crime and delinquency is the faulty development of the child during the first few years of his life.
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● Charles Goring – he rejected the theory of Lombroso that criminals are born by making comparative study of 3,000 jailed criminals against law-abiding citizens,
where he established that non-criminal people tended to have more atavistic traits.
● Emile Durkheim – according to him, crime is a normal part of society as birth and death. (Coined the term “Anomie”)
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● Enrico Ferri – believed that criminals could not be held morally responsible because they did not choose to commit crimes but was driven to commit them by
conditions of their lives.
● Ernst Kretchmer - He attempted to correlate body build and constitution with characters of temperamental reactions and mentally.
▪ Asthenic - lean, slightly built, narrow shoulders; their crimes are petty thievery and fraud.
▪ athletic - medium to tall, strong, muscular, coarse bones; they are usually connected with crimes of violence.
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▪ Pyknic - medium height, rounded figures, massive neck, broad face; they tend to commit deception, fraud and violence. (Manic Depressive)
● Giambattista Della Porta – developed a theory of human personality called physiognomy in 1558.
● Henry Goddard – he found that many institutionalized persons were what he considered “feebleminded” (study on the family tree of Martin Kallikak).
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● Jeremy Bentham – he founded the hedonistic concept of utilitarianism, which assumes that all our actions are calculated in accordance with their likelihood of
bringing pleasure and pain.
● Franz Joseph Gall – developed cranioscopy, a method to study the personality and development of mental and moral faculties based on the external shape of
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the skull.
● Raffaele Garofalo – credited to have coined the term criminology, which he called “criminologia.”
● Richard Louis Dugdale - He authored the book entitled The Jukes, published by Putnam Publishing in New York, 1910. (Ada Juke - Mother of all Criminal)
● Walter Reckless – his containment theory sought to explain why - despite the various ‘push’ and ‘pull’ factors that may tempt individuals into criminal behavior.
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William Sheldon
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Type of Physique Temperament

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Endomorph- relatively large digestive viscera; soft round body; short, tapering Viscerotonic - generally relax and comfortable person, loves luxury and
limbs and small bones. essentially extrovert.
Mesomorph - with relative predominance of muscles, bones and motor organs Romotonic - active, dynamic; walks and talks assertively and behaves
of the body with large wrist and hands. aggressively
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Ectomorph - thin physique, flat chest, delicacy through the body, slender, poorly Cerebrotonic - tend to look more fatigue and withdrawn; introvert, full of
muscled. complaints and allergies, and with sensitive skin.
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Human Behavior and Victimology

Human Behavior – anything an organism does that involves self-initiated action and/or reaction to a given stimulus.
Abnormal Behavior – “A.B.” is a Latin initials which means “away from” - abnormal behavior then can be defined as a behavior which is away from or deviating from
the normal behavior.

Two Basic Types of Behavior:

a. Inherited behavior – inborn behavior, any behavioral reactions or reflexes exhibited by people because of their inherited capabilities or the process of natural
section.
b. Learned behavior – these are operant behavior which involves knowing or taking into account, adaptations that enhance a human being’s ability to cope with
changes in the environment in ways which improve the chances of survival.

Classification of Human Behavior

✔ Habitual – motorized behavior usually manifested in language and emotion.
✔ Instinctive – unlearned and simply comes out, out of man’s instinct, which can be seen among instinct-instinct survival behaviors.
✔ Symbolic – carried out by means of unsaid words, and shown through symbols or body signs.

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✔ Complex – combine 2 or more of the classified ones.

Causes of Human Behavior

✔ Sensation – impression of stimulus (visual, olfactory, cutaneous, auditory, gustatory)
✔ Perception – knowledge of the stimulus
✔ Awareness – refers to psychological activity based on interpretation and experience of the object or stimulus.

How people interact?

✔ Parent-ego state – protective, idealistic, evaluative, righteous, refer to laws, rules and standard.
✔ Adult-ego states – more upon reason, factual, flexible, views other as co-equal, and reasonable.
✔ Child-ego states – dependent, rebellion, selfish, demanding, impatient and emotional.

How people transact?

✔ Complimentary – If the stimulus and response pattern from one ego state to another are parallel.
✔ Non-complimentary – If stimulus and response pattern from one ego state to another are not parallel.

Man’s eight (8) stages of growth:

1. Pre-natal stage

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a. Ovum period – 1st 2 weeks
b. Embryo period – 2nd week to 2nd month

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c. Fetus period – 2nd month to birth
2. Infancy stage - 1st 2 weeks after birth
3. Babyhood - 2nd week to 2 years old

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4. Childhood - divided into: (Early childhood 2- 6 years old and late childhood 7 to 11 years old)
5. Puberty - end of childhood and beginning of adolescence

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Adolescence - divided into: (early adolescence, puberty to 17 years old and late adolescence 17 to 21 years old)
1. Adulthood - 21 to forty years old.
2. Middle age - forty to sixty yrs. Old
3. Old age - sixty and above

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Determinants of Behavior
*Heredity (Biological Factors) - refers to the genetic influences, those that are explained by heredity.
*Environmental Factors (Socio-Cultural Influences)
Family Background – it is a basic consideration because it is in the family whereby an individual first experiences how to relate and interact with another.
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(Barangay is the smallest political unit while family is the smallest unit of society)

Pathogenic Family Structure

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1. Discordant/Disturbed – one or more parents is not gaining satisfaction

2. Disrupted – incomplete family as a result of death, divorce etc.
3. Inadequate – inability to cope with ordinary problems of family living.
4. Anti-Social – parents are covertly and overtly engaged in in behaviour that violates the standards of society.
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Other Determinants of Behavior

Motivation is defined as behavior instigated by needs within the individual and directed towards a goal that can satisfy the needs. Motivation may also
be regarded as explanation for action which influences behavior in many ways.
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Needs and Drives - Need, according to a drive reduction theory, is a biological requirement for well being of the individual. This need creates drives – a
psychological state of arousal that prompts someone to take action
Abraham Maslow has suggested that human needs form a hierarchy from the most basic biological requirements to the needs for self-actualization – the
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highest of all needs The pyramidal presentation shows that from the bottom to the top of the hierarchy, the levels of needs or motive according to Maslow are:
1. Biological or Physiological Needs
2. Safety Needs
3. Love/Belongingness
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4. Cognitive Needs
5. Esteem Needs
6. Aesthetic Needs
7. Self- actualization
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Frustration occurs when a person is blocked in the satisfaction of a need.

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Defense Mechanism – they are unconscious psychological processes that serve as safety valves to provide relief from emotional conflict and anxiety.
1. Identification – an individual without awareness, satisfies frustrated desires by psychologically assuming the role of another person.
2. Substitution – when an unattainable or unacceptable goal, emotion, or object is replaced by one that is attainable or acceptable.
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3. Compensation – one makes up for some real or imaginary inadequacy by doing well in another activity.
4. Rationalization – fallacious thinking intended to justify ideas and behavior in a way that seems reasonable to oneself.
5. Displacement – transfer his emotion connected with one person or thing to another unrelated person or object.
6. Fantasy or Daydreaming – imagined sequence of events or mental images that serves to express unconscious conflicts, to gratify unconscious wishes.
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7. Projection – manifest feelings and ideas which are unacceptable to oneself, but projected onto others so that they may seem to have these feelings or ideas.
8. Reaction formation – development of a trait or traits which are the opposite of tendencies that we do not want to recognize.
9. Denial – refuses to recognize and deal with realitybecause of strong inner needs.
10. Repression – unconscious process where unacceptable urges or painful, traumatic experiences are completely prevented from entering consciousness
11. Suppression – conscious activity by which an individual attempts to forget emotionally disturbing thoughts and experiences by pushing them out of one’s
mind.
12. Regression – person goes back to a pattern of feeling, thinking, or behavior which was appropriate to an earlier stage of development.
13. Sublimation – changing of unacceptable id impulses or needs into socially and culturally acceptable channels or means.

Patterns of Criminal Behavior

Neurotic or Psychoneurotic Patterns - are groups of mild functional personality disorders in which there is no gross personality disorganization, the individual does
not lose contact with reality, and hospitalization is not required.
Anxiety Disorders - known as “neurotic fear”.
• Obsessive-compulsive disorders – compelled to think about something that he do not want to think about or carry some actions against his will.
• Asthenic Disorders (Neurasthenia) – anxiety disorder characterized by chronic mental and physical fatigue and various aches and pains.
• Phobic Disorders – persistent fear on some objects or situation that present no actual danger to the person.
– Acrophobia - high places
– Agoraphobia - open spaces and market places

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– Malgophobia - pain
– Astraphobia - storms, thunder, and lightning
– Gynophobia – fear of dogs
– Claustrophobia - closed places
– Hematophobia - blood
– Mysophobia - contamination or germs
– Monophobia - being alone
– Nyctophobia - darkness
– Ochlophobia - crowds
– Hydrophobia - water
– Pathophobia - disease
– Pyrophobia - fire
– Zoophobia - animals or some particular anim
• Somatoform Disorders – complaints of bodily symptoms that suggest the presence of physical problem but no organic basis can be found. Hypochondriasis
– excessive concern about state of health or physical condition

Dissociative Disorders – response to obvious stress characterized by amnesia, multiple personality, and depersonalization.
1. Amnesia – partial or total inability to recall or identify past experiences following a traumatic incident.

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2. Multiple Personality - “dual personalities.” The reason manifests two or more symptoms of personality usually dramatically different.
3. Depersonalization – loss of sense of self or the so-called out of body experience.

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Mood Disorders (Affective Disorders) – often referred to as affective disorders however the critical pathology in these disorders is one of mood which is the
internal state of a person, and not of affect, the external expression of emotional content.

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a. Depressive Disorders (Major Depressive Disorder) –have a loss of energy and interest, feeling of guilt, difficulty in concentrating, loss of appetite, and
thoughts of death or suicide, they are not affected with manic episodes.

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b. Dysthymic Disorder – a mild form of major depressive disorder
c. Bipolar Disorders – those experienced by patients with both manic and depressive episodes.
d. Cyclothymic Disorder – a less severe form of bipolar disorder

Personality Disorders – the disorders of character, the person is characterized as a “problematic” without psychoses. This disorder is characterized disrupted

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personal relationship, dependent or passive aggressive behavior.
• Paranoid – characterized by suspicious, rigidity, envy, hypersensitivity, excessive self-importance, argumentativeness and tendency to blame others of one’s
own mistakes.
• Schizoid – characterized by the inability to form social relationship and lack of interest in doing so. Schizotypal – characterized by seclusiveness, over
sensitivity, avoidance of communication and superstitious thinking is common.
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• Histrionic – characterized by immaturity, excitability, emotional instability and self-dramatization.
• Narcissistic – characterized by an exaggerated sense of self-importance and pre-occupation with receiving attention.
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• Borderline – characterized by instability reflected in drastic mood shifts and behavior problems.
• Avoidant – characterized by hypersensitivity to rejection and apprehensive alertness to any sign of social derogation.
• Dependent – characterized by extreme dependence on other people – there is acute discomfort and even panic to be alone. The person lacks confidence and
feels helpless.
• Passive-Aggressive – characterized by being hostile expressed in indirect and non-violent ways. They are so called “stubborn”.
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• Compulsive Personality Disorder – characterized by excessive concern with rules, order, and efficiency that everyone does things their way and an ability to
express warm feeling.
• Anti-social Personality Disorder – characterized by continuing violation of the rights of others through aggressive, anti-social behavior with out remorse or
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loyalty to anyone.

Psychotic Patterns – are group of disorders involving gross structural defects in the brain tissue, severe disorientation of the mind thus it involves loss of contact
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with reality.
Organic Mental Disorders – diagnosis of organic mental disorder is associated with a specific, identified organic cause, such as abnormalities of the brain structure.
✔ Acute – caused by a diffuse impairment of the brain function. Its symptoms range from mild mood changes to acute delirium.
✔ Chronic – the brain disorder that result from injuries, diseases, drugs, and a variety of other conditions.
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Groups of Organic Mental Disorders

✔ Delirium – severe impairment of information processing in the brain affecting the basic process of attention, perception, memory and thinking.
✔ Dementia – deterioration in intellectual functioning after completing brain maturation. The defect in the process of acquiring knowledge or skill, problem solving,
and judgement.
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✔ Amnestic Syndrome – inability to remember ongoing events more than a few minutes after they have taken place.
✔ Hallucinosis – persistent occurrence of hallucinations, the false perception that arise in full wakefulness state. This includes hallucinations on visual and
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hearing or both.
✔ Organic Affective Syndrome – the extreme/severe manic or depressive state with the impairment of the cerebral function.
✔ Organic Personality Syndrome – the general personality changes following brain damage.
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✔ General Paresis – also called “dimentia paralytica”, a syphilitic infection o f the brain and involving impairment of the CNS.

▪ Schizophrenia – group of psychotic disorders characterized by gross distortions of realty, withdrawal of social interaction, disorganization and fragmentation of
perception, thoughts and emotion. It also refers to terms such as “mental deterioration”, “dementia praecox”, or “split mind”. “schizophrenia was coined by
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Eugen Bleuler”.
▪ Paranoia is thought process believed to be heavily influenced by anxiety or fear, often to the point of delusion and irrationality. Paranoid thinking typically
includes persecutory, or beliefs of conspiracy concerning a perceived threat towards oneself. The word paranoia comes from the Greek παράνοια (paranoia),
"madness".
▪ Hallucination is a perception in the absence of external stimulus.
▪ Illusion is a distortion of the senses, revealing how the human brain normally organizes and interprets sensory stimulation.
▪ Delusion is a mistaken belief.

Crisis Management – the action undertaken to unify and coordinate resources and efforts to effectively and efficiently quell a given criminal/life threatening situation.
(“SALVARI VITAS” – to save lives)

Crisis from Ancient Greek κρίσις (krísis, “a separating, power of distinguishing, decision, choice, election, judgment, dispute”)
Emergency came from the Latin word “EMERGENTIA” which means dipping; plunging. It is a sudden condition or state of affairs calling for immediate action.

Types of Crisis
✔ Man Made - civil disturbances - strike, riot, demonstration
✔ Natural - fire, floods, earthquake, tidal waves - marine/air disaster, hazardous spills, power failure, nuclear accidents.
✔ Individual - refers to the feeling that arises when a person faces unpleasant situation such as frustrations and conflicts.

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Crisis Management Doctrine - if the crisis situation is brought about by natural calamities then it is addressed by the National Disaster Risk Reduction Management
Council or NDRRMC (Formerly known as National Disaster Coordinating Council or NDCC).

Victimology

● Scientific study of physical, emotional and financial harm people suffer because of illegal activities.
● Included in this definition is the victimization occurring for victims within the criminal justice system.

Victimization
● Is an asymmetrical interpersonal relationship that is abusive, painful, destructive, parasitical, and unfair.
● Law forbids certain forms of victimization – oppressive and exploitative acts – but not all types of harmful activities.

Victimology
● Victims – individuals who experience loss, injury, or hardship for any reason.
● Crime Victims – above as result of an illegal act.
● Direct/Primary – experiences criminal act and its consequences first hand.

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● Indirect/Secondary – family and those who suffer emotionally or financially but are not immediately involved or physically injured.

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Studying of Victimization Scientifically

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A. Subjective Approach

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● Issues are approached from standpoint of morally, ethics, philosophy, personalized reactions, and emotions.

B. Objective Approach
● Requires observer to be fair, open – minded, even – handed, dispassionate, neutral, and unbiased.
● Why should victimologists NOT be pro – victim?

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● “Ideal victim”: person who suffered harm was weaker than aggressor, acting virtuously or not looking for trouble or breaking any laws, and
wrongdoer was a stranger acting illegally and was unprovoked.

Victims or Offender?
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● Who is the victim and who is the offender?
● Not always clear cut – consider the following:
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- Subway Vigilante
- Menendez Brothers
- Bobicks
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Criminals as Victims
● Predatory persons prey each other
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- Organized crime “takes out a contract”

- “Drive – by” shooting between two gangs
- “Drug deal gone bad”
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Cycle of Violence
● Cycle of violence over time can transform a victim(s) into victimizer(s).

- Group of picked on students may gang up against the bully

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- Battered wife may launch a vengeful attack against husband

- Convicts much more likely to have been abused physically or sexually as children
- Violence Begets Violence
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Victims vs. “Good Guys”

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● Victimologists do not limit their studies to clashes between victims and offenders
● They also consider the social reaction to victimization
● Victims outraged by media coverage – sensationalism
● Investigation of charges in high profile cases require victimologists to be detached and disinterested in carrying out analysis
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Victimology’s Undeserved “Bad Reputation”

● Victimology during the 90s and into the twentieth century has become to many a “dirty word”.
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● (Paglia, 1993) A critic of contemporary feminism declared on national TV, “I hate victimology. I despise a victim – centered view of universe”.
● (Leo, 1994) A news magazine commentator complained, “We are deep into the era of the abuse excuse”. The doctrine of victimology – claiming victim
status means you are not responsible for your actions – is beginning to warp the legal system”.
● An author of a book about race relations called a well – known preacher who is a civil rights activist a “Professional Victimologist”. (Dreher, 2001).
● (Harrop, 2003) A review of a book noted, “The art of victimology requires three easy steps:

1. Identify a group suffering from real or perceived injustices

2. Exaggerate the problem
3. Blame the problem on a group you don’t like.

Conservatives have long condemned the “victimology industry” as a racket, especially when practiced by women and minorities.

● Victimology is a new academic discipline that only means “the study of” victims
● It is focused on the research about people harm by criminals
● It does not impose a partisan point of view or a set or predictably blased conclusions
● The ideology of “victimism” is a coherent, integrated set of beliefs that shapes interpretations and leads to political action
● Do not confuse “victimism” with “victimology”
● Victimological research must tell the whole truth regardless of who is disappointed or insulted

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 ● Three types of biases undermine the ability to any social scientist to achieve objectivity – they include

Three types of biases

1. May arise from personal experience, taking the form of individual preferences and prejudices.
2. Derives from the history of the discipline itself:

● Pioneers in the study of victimology first introduced the concept of victim – blaming
● Today, majority of victimologists are pro – victim

3. A subtle bias traced back to the mood of the times:

● 60s – 70s: a demand for government to devise ways to help victims get back on their feet financially, medically, and emotionally
● 80s: a theme of self – reliance and a reduction in government social spending and tax cutting gained popularity

Three Origins of Victimology

● Significant gains in the United States when the President’s Commission on Law Enforcement and the Administration of Justice urged criminologists to pay
more attention to victims.

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● By the 70s victimology became field of study
● By 1990, 240 colleges and universities offered courses in victimology

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● Most states passed crime victims rights amendments to their state constitution
● 2004 – Congress enacts the Crime Victims’ Rights Act which provides for fair treatment and opportunities for input in federal court proceedings

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Victimology vs. Criminology
● Victimology is best viewed as an area of specialization within criminology

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● Criminology embraces the scientific study of crimes, criminals, criminal laws and the justice system, societal reactions, and crime victims.
● Victimologists ask why some individuals, households, and entities are targeted while others are not, and why over and over again.
● Criminologists apply their findings to devise crime prevention strategies
● Victimologists use patterns and trends to develop victimization prevention strategies and risk – reduction tactics.
● Both Criminologists and Victimologists study how the criminal justice system actually works versus how it is supposed to work.

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• Boundaries
- Boundaries are clear cut for Criminology
- Boundaries for Victimology still unclear VI
- Overlap due to lack of boundaries (Crime rates vs. Victimization rates)
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THEORIES OF VICTIMIZATION

What Victimologist Do?

● Victimologists explore the interactions between victims and offenders, victims and the criminal justice system, and victims and society.
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Four step process victimologists follow when carrying out their research:
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Step 1: Identify, Define, and Describe the Problem

Step 2: Measure the True Dimensions of the Problem
Step 3: Investigate How Victims Are Handled
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Step 4: Gather Evidence to Test Hypotheses

Hans von Hentig (1887 – 1974)

● A criminologists in Germany during the first half of the las century, Hans von Hentig sought to developcrime prevention strategies. Having researched the
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factorsthat predisposed one to criminality; he began to wonder what might cause a victim to become a victim. He ultimately determined that certain victim
characteristics did play a role in shaping the crimes suffered (Doerner and Lab, 2011: Meadows, 2007
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Benjamin Mendelsohn
● Benjamin Mendelsohn was a French – Israeli lawyer who began studying victims in 1947 (Karmen, 2012). While working for the defense on a rape case,
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he became interested in the correlations between rapists and their victims. He found that there was often a strong interpersonal relationship between the
two, and that it could lead some victims to unknowingly invite or even cause their own victimization (Meadows, 2007). He referred to this as victim
precipitation.
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Victim Precipitation Theory

● According to victim precipitation theory, some people may actually initiate the confrontation that eventually leads to their injury or death.
Victim precipitation can be either active or passive.
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● Active precipitation: occurs when the victim act provocatively, use threats or fighting words, or even attack first.
● Passive precipitation: occurs when the victim exhibits some personal characteristics that unknowingly either threatens or encourages the attacker.

Lifestyle Theory
● Some criminologist believed people may become victims because their lifestyle increases their exposure to criminal offenders. Victimization
risk is increased by such behaviors as associating young men, going out in public places late at night, and living in an urban area.

Deviant Place Theory

● According to deviant place theory, the greater their exposure to dangerous places, the more likely people will become victims of crime violence. Victims do
not encourage crime but are victim prone because they reside in socially disorganized high-crime areas where they have the greatest risk of coming into
contact with criminal offenders, irrespective of their own behavior or lifestyle.

Effect of Crime Victimization

● Victims may be confused, fearful, frustrated and angry. They want to know why this happened, and why it happened to them. Victims often have no
knowledge of who or where to turn in the aftermath of crime. They feel insecure and do not know who to trust or rely on for support, understanding, and
help. Not only do they suffer physically, emotionally, psychologically, and financially from their victimization, they are also burdened by the complexity of
the criminal justice system.

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Types of Losses

Tangible Losses
● Property damage and loss (property damaged, taken, and not recovered)
● Medical care (payments for hospital and physicians, emergency medical transport, rehabilitation, prescription, medical devices, and premature funeral
expenses )
● Mental health care ( payments for services to crime victims by : psychiatrists, psychologists, and social workers )
● Productivity ( wages, benefits, housework, and school days lost by victims and their families, productivity lost by co – workers and supervisors/agency
recruiting and training replacements for disabled workers, people stuck in traffic jams caused by vehicular accident )

Intangible Losses
● Pain ( physical )
● Suffering ( mental – anti – social behavior, emotional – trauma )
● Reduced quality of life ( physical disability / incapacity )

Terms to Remember
● Hate crimes – acts of violence designed to frighten people considered undesirable because of religion, sexual orientation, ethnic origin or race.

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● Aging-out phenomenon – showing that as one grows
● older, there is also a decline in criminal activities.

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● Mass Murder – killing of 4 or more victims at one location with one event.
● Spree Murder - killing of 2 or more person in different locations with almost no time break between murders.
● Serial Murder - act involving killing of several victims in 3 or more separate incidents over a week, a month or year.

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Typology of Serial Killer

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1. Visionary – out of touch with reality, and feel impelled to commit murder by visions or “voices in my head.”
2. Mission-oriented – it is their mission in life to kill certain kinds of people such as prostitutes and homosexuals.
3. Hedonistic – kill for the pure thrill and joy of it, engaging in cruel and perverted sexual activity.
4. Power/Control – gain more satisfaction from exercising complete power over their victims rather than from “bloodlust,” although sexual activity is almost always
involved

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Characteristics of Victims

Gender VI
● Characteristics of child sexual abuse victims were determined through a high comparison of 87 victims of lone female perpetrators to 93 victims of lone
male perpetrators according to age, gender, and relationship of perpetrator to victim. Lone female perpetrators abused children 3.3 years younger (M = 6.0
years) than lone female perpetrators (M = 9.3. years). Both lone female and male perpetrators abused more girls (62%, 76%, respectively) than boys.
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Age
● For females of most age categories, nonfatal intimate partner victimization declined over time. In general, females ages 12 to 15 and age 50 or older were
at the lowest risk of nonfatal intimate partner violence. During 2005, females ages 35 to 49 were at a greater risk of nonfatal intimate partner violence than
older females. With the exception of males and females age 65 or older, average annual rates from 2001 through 2005 for nonfatal intimate partner
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victimization were higher for females than males within each age category. Female ages 20 to 24 were at the greatest risk of nonfatal intimate partner
violence.
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Social Status
● The poorest people are also the most likely victims of violent and property crime. Homeless people suffer very high rates of assault. This association
occurs across all gender, age, and racial groups.
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Ethnicity
● African Americans are more likely than whites to be victims of violent crime because of income inequality. Racial and minority group members are often
forced to live in deteriorated urban areas beset by alcohol and drug abuse, poverty, racial discrimination, and violence. Their lifestyle places them in the
most at – risk population group. However, this seems to be declining and the racial gap seems to be narrowing.
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Repeat Victimization
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Types of victims
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Homicide Victims
● Homicide is an act of a human killing another human. Criminal homicide takes several and includes certain unintentional killings. The crime committed in a
criminal homicide is determined by the state of mind of the defendant and statutes defining the crime. Murder, for example, is usually an intentional crime.
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Female as Victims
● Sexual violence against women and girls can take many forms and is carried out in different situations. The WHO’s world report on violence and health
lists the following ways in which sexual violence against females can be committed.
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Sexual Violence
● Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, unwanted sexual comments or advances, acts to traffic a
person or acts directed against a person’s sexuality, regardless of the relationship to the victim, in any setting

Theories of sexual violence

Sexual Motivation
● Some theorists charge that the acceptance of these sexual practices increase sexual violence against women by reinforcing stereotypical views about
women, who are seen as sex objects which can be used and abused by men, and by desensitizing men; this being one of the reasons why some theorists
oppose the sex industry.

Socialization
● Factors operating at a societal level that influences sexual violence include laws and national policies relating to gender equality in general and to sexual
violence more specifically, as well as norms relating to the use of violence.

Biological Factors

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 ● The unfortunate prevalence of the “impulse” model has been fostered, in part, by the recent resurgence of more sophisticated biological theories of sexual
assault. These theories assert that while there is no “gene” that causes men to rape, the existence of a predisposition to rape may be a consequence of
evolution

Psychological Factors
● This theory suggests that men who sexually assault have harsh histories where coercion and violence were acceptable ways of maintaining a relationship.
Past relationships during development would have been impersonal and short – lived.

Culture of Violence
● Our families are torn by violence. Our communities are destroyed by violence. Our faith is tested by violence. We have an obligation to respond. Violence
– in our homes, our schools and streets, our nation and world – is destroying the lives, dignity and hopes of millions of our sisters and brothers. Fear of
violence is paralyzing and polarizing our communities.

Child Victims

Theory of Physical Abuse

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● Child abuse has been noted to have many causes: as a childhood symptom of mental illness in parents, as the culmination of a lifelong experience of
violence toward the caregiver, of environmental and social stresses on the family, and of society’s acceptance and promotion of physical violence

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Theory of Child Neglect
● Child abuse and child neglect are catch – all euphemisms for a variety of childhood injuries that are believed to be from parental acts of omission or

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commission. The diagnostic tags focus attention on symptoms and propose entirely too simple formulations of etiology. Child abuse refers to the many
problems suggested by child abuse and child neglect.

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Theory of Child and Sexual Abuse
● Child sexual abuse or child molestation is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child
sexual abuse include asking or pressuring a child to engage in sexual activities regardless of the outcome, indecent exposure of genitals, female nipples,
etc.

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Elder Victims

Cycle of Violence VI
● Cycle of violence refers to repeated and dangerous acts of violence as a cyclical pattern, associated with high emotions and doctrines of retribution or
revenge
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There are three phases in the cycle of violence:

1. Tension – building Phase; - this usually lasts for a period of time, perhaps weeks or months. Stress builds and communication breaks down. -
2. Acute or Crisis Phase - the tension has built up and finally erupts into violence. This is an explosive and unpredictable period, usually lasting
between 24 and 72 hours, which may result in serious injuries or death.
3. Calm or Honeymoon Phase
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Hate Crimes
● Hate crime is also known as bias – motivated crime. It is a usually violent, prejudice motivated crime that occurs when a perpetrator targets a victim
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because of his or her perceived membership in a certain social group. Examples of such groups include but are not limited to: ethnicity, gender identity,
language, nationality, physical appearance, religion, or sexual orientation.
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THEORIES OF CRIME CAUSATION

Theory defined
E.

● Theory is a supposition or a system of ideas intended to explain something, especially one based on general principles independent of the thing to be
explained. It derived from the Greek word “theoria” which means “contemplation or speculation”.
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● It is a plausible or scientifically acceptable general principle or body of principles offered to explain phenomena. It is synonymous with the terms thesis,
hypothesis, supposition, and proposition.
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● It is a principle or a body of interrelated principles that purports to explain or predict a number of interrelated phenomena.
● It is a set of logically related explanatory hypotheses that are consistent with a body of empirical facts and may suggest more empirical relationships.
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Importance of Theory

1. Theory provides concepts to name what we observe and to explain relationships between concepts. Theory allows us to explain what we see and to figure
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out how to bring about change. Theory is a tool that enables us to identify a problem and to plan a means or altering the situation.
2. Theory is to justify reimbursement to get funding and support-need to explain what is being done and demonstrate that it works.
3. Theory is to enhance the growth of the professional area to identify a body of knowledge with theories from both within and without the area of distance
learning. That body of knowledge grows with theory and research. Theory guides research.
4. Theory also helps us understand what we don’t know and, therefore, is the only guide to research. It increases its ability to solve other problems in
different times and different places.

Perspectives of Crime Causation

There are multiple factors which lead the individual to commit crime.

1. Classical Perspective

● Crime is a product of situational forces; the crime is function of freewill and personal choice.
● It emphasized that the purpose of punishment is mainly to deter the occurrence of crime. The three principles of punishment that became the trademark of
Beccaria’s classical deterrence doctrine include:

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 a. Swift-punishment must be swift to be effective. According to Merriam-Webster’s dictionary, swift means occurring suddenly or within a very
short time.
b. Certain- people must know they will be punished for their illegal behavior-that they cannot evade the strong arms of the law. That no one may
take as substitute for the punishment of the one who violated the law.
c. Severe- must be severe enough to outweigh the rewards of the illegal action-severity and proportionality are sometimes at odds especially
since each person is different in terms of what constitutes a “severe” punishment. It also stressed out that crime problem could be traced not to
bad people but to bad laws.
2. Biological Perspective

● Crime is the product of internal forces. That crime is a function of chemical, neurological, genetic, personality, intelligence or mental traits. The focus of the
study is mainly on the individual person itself. It may answer the question why a person becomes a criminal.

3. Process Perspective

● Crime is a product of socialization or interaction of one person to another. That crime is a function of upbringing, learning and control. Parents, teachers,
environment, mass media and peer groups may influence behavior. This concerns on how a person becomes a criminal.
4. Conflict Perspective

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● Causes of crime is based on economic and political forces. Crime is a function of competition for limited resources and power. Law is a tool of the ruling
class in order to control the lower class. It is designed to protect the wealthy people. Crime is a politically defined concept.

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5. Biosocial Perspective

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● It seeks to explain the onset of antisocial behavior such as aggression and violence by focusing on the physical qualities of the offenders. It concentrated
mainly on the three areas of focus: biochemical (diet, genetic, hormones, and environmental contaminants), neurological (brain damage), and genetic

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(inheritance).

6. Psychological Perspective

● Criminal behavior, was the product of “unconscious” forces operating within a person’s mind. That conflicts occur at various psychosexual stages of

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development might impact an individual’s ability to operate normally as an adult. That if the aggressive impulse is not controlled, or is repressed to an
unusual degree, some aggression can “leak out” of the unconscious and

Classical School of Thought

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Cesare Bonesara Marchese de Beccaria and Jeremy Bentham (1823) who proposed “Utilitarian Hedonism”, the theory, which explains that a person
always acts in such a way as to seek pleasure and avoid pain. Cesare Beccaria in his “Essay on Crimes and Punishment” presented his key ideas on the abolition
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of torture as a legitimate means of extracting confessions. The Classical theory maintains that man is essentially a moral creature with absolute free will to choose
between good and evil therefore tress is placed upon the criminal himself; that every man is responsible for his act.
Neo-Classical School of Criminology
The neo-classical school of criminology argued that situations or circumstances that made it impossible to exercise freewill are reasons to exempt the
accused from conviction.
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Positivist/Italian School
It maintained that crime as any other act is a natural phenomenon and is comparable to disaster or calamity. That crime as a social and moral
phenomenon which cannot be treated and checked by the imposition of punishment but rather rehabilitation or the enforcement of individual measures. Cesare
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Lombroso and his two students, Enrico Ferri and Rafaele Garofalo advocated this school.

Classifications of Criminals by Lombroso

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1. Born Criminals – criminal behavior is inherited.

2. Insane Criminals – commit crime due to abnormalities or psychological disorders.
3. Criminoloid – commits crime due to less physical stamina/self self control.
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Early Twentieth Century Theories

1. Sigmund Freud (1856 - 1969) - The Freudian view on criminal behavior was based on the use of Psychology in explaining an approach in understanding
criminal behavior – the foundation of the Psychoanalytical theory.
⮚
Id “Pleasure Principle” contains a human's basic, instinctual drives.
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⮚
Ego “Reality Principle”- the ego acts according to the reality principle.
⮚ Super-Ego “Conscience Principle”- reflects the internalization of cultural rules.
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Freud’s Psychosexual Stage

Stage Age What happens in this Stage?
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Oral 0-1 y/o Children derived pleasure from oral activities. (Ex. Chewing, biting, sucking)
Anal 2-3 y/o Children begin potty training. Pleasure focuses on bowel and bladder elimination, coping with
demands for control.
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Phallic 3-6 y/o Boys are more attached to their mother (Oedipus) while girls are more attached to their father
(Electra)
Latency 6 y/o to Puberty Dormant sexual feeling and interact mostly with same sex peers.
Genital Beyond Puberty Attraction to opposite sex peers.

2. Robert King Merton – advocated the Strain Theory, which maintains that the failure of man to achieve a higher status of life caused them to commit crimes in
order for that status/goal to be attained.
Modes of Adaptation
o Conformity – accepts the goals and means together
o Innovation – accepts the goals but uses illegitimate means in order to achieve them.
o Ritualism – lose faith in cultural goals but still feel obligated to work under the routines of legitimate daily life.
o Retreatism – when they ignore the goals and the means of the society.
o Rebellion – rejects the cultural goals and the institutionalized means, but seeks to redefine new values for society.
3. Albert Cohen – (Sub-Culture Theory of Delinquency) claims that the lower class cannot socialize effectively as the middle class in what is considered
appropriate middle class behavior.
4. Gresham Sykes – (Neutralization Theory) maintains that an individual will obey or disobey societal rules depending upon his or her ability to rationalize
whether he is protected from hurt or destruction.
5. Lloyd Ohlin – (Differential Opportunity Theory) explained that society leads the lower class to want things and society does things to people.

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6. Earl Richard Quinney – (Instrumentalist Theory) argued that the state exist as a device for controlling the exploited class – the class that labors for the
benefit of the ruling class
7. Gabriel Tarde – (Theory of Imitation) according to him, people imitate one another.
8. Shaw and Mckay – (Social Disorganization Theory) Crime-ridden neighborhood as those in which the resident are uninterested in community matters;
therefore, the common sources of control (Family, school, church and Barangay authorites are weak and disorganized)
9. Daniel Glasser – (Differential Identification Theory) commit criminal or delinquent acts if they believe that it will lead to acceptance by and approval of these
important people in their lives.
10. Ron Akers – (Differential Reinforcement Theory) refers to the potential rewards and punishments for committing or not committing a criminal or deviant act.
*Negative Reinforcement – gives punishment
*Positive Reinforcement – gives reward
11. Travis Hirchi – (Social Control Theory) most people do not commit crimes as they have four controls in their lives. (B.I.A.C.)
a. Belief – people have been brought up to set up rules, belief and others.
b. Involvement – people are engaged in communities and respect would be lost.
c. Attachment – family and relationships
d. Commitment – people may lose a great deal
12. Frank Tannenbaum – (Labeling Theory) theory of how the self-identity and behavior of individuals may be determined or influenced by the terms used to
describe or classify them.
13. Marcus Felson – (Routine activity theory) studies crime as an event, closely relates crime to its environment and emphasize its ecological process, thereby

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diverting academic attention away from mere offenders.
Element of RAT (Motivated Offender, Suitable Victim, Lack of Capable Guardian)

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14. Life Course Theory/ Developmental Theory (Sheldon Glueck and Eleanor Touroff-Glueck) Criminal behavior is a dynamic process, influenced by
individual characteristics as well as social experiences, and that the factors that cause anti-social behaviors change dramatically over a person’s life span.
15. Latent Trait Theory - Latent trait is defined as a stable feature, characteristic, property, or condition, such as defective intelligence, impulsive personality,

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genetic abnormalities, the physical-chemical functioning of the brain and environmental influences on brain function such as drugs, chemicals and injuries that
make some people delinquency-prone over the life course

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16. Giambattista della Porta (1535-1615) “Father of Physiognomy” He came up with the idea for physiognomy through his alchemical experiments, in which he
attempted to boil down and distill from substances their “tincture,” or pure essence. According to Porta, a thief had large lips and sharp vision. Criminals
frequently have huge jaws and strong canine teeth that are common to carnivores who tear and devour meat raw.
17. Johann Caspar Lavater (1741-1801) - In the second half of the 18th century, Johann Caspar Lavater became the new king of physiognomy. He blended an
examination of silhouette, the profile, portraiture, and proportions into his best-selling book, Essays on Physiognomy, which included a detailed reading of the

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face broken down into its major pieces, including the eyes, brows, mouth, and nose
18. Franz Joseph Gall (1758-1828) - Phrenology was derived from the theories of the distinctive German-French anatomist and physiologist, Franz Joseph Gall.
Determination of character, personality, traits, and criminality on the basis of the shape of head. Phrenology posited that bumps on the head were indications of
psychological propensities
19.
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Johann Kaspar Spurzheim, - Gall’s pupil served as research assistant and collaborator led him to the development of his theories concerning brain
localization and phrenology, which he initially referred to as cranioscopy
20. Lifestyle Theory - Crime is a developmental process guided by an ongoing interaction between three variables (incentive, opportunity, and choice). During
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each phase of the criminal lifestyle (initiation, transition, maintenance, and burnout/maturity), incentive, opportunity, and choice take on different values and
meanings
21. General Deterrence Theory - is aimed at making potential criminals fear the consequences of crime showing that crime does not pay. It focuses on potential
offenders and that these offenders must receive punishment in severe, swift and certain way. It is also manifesting societal deterrence which aimed to target
would be offenders. Ex.: imposing long prison sentences or life imprisonment for committing heinous crimes
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22. Specific Deterrence Theory - holds that if offenders are punished so severely, the experience will convince them not to repeat their illegal acts, its main targets
are those offenders who have already been convicted and it also claimed that punishing more criminals will reduce their involvement in criminal activity
23. Victim Precipitation Theory - People may actually initiate the confrontation that eventually leads to their injury or death. By acting in certain provocative ways,
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some individuals initiate a chain of events that lead to their deaths.

Two types:
Active precipitation. This occurs when victims act provocatively, use threats or fighting words, or even attack first.
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Passive precipitation. This occurs when the victim exhibits some personal characteristic that unknowingly either threatens or encourages the attacker.
24. Incapacitation Theory - Reductions in crime rates are achieved through higher imprisonment rates since the offender cannot commit new crimes while
incarcerated. The theory is premised on the existence of a small but identifiable number of offenders who can be imprisoned and isolated from the rest of
society.
E.

25. Jean William Fritz Piaget (1896-1980), Cognitive Theory - A branch of psychology that studies the perception of reality and the mental process required to
understand the world we live. It focuses on mental processes-the way people perceive and mentally represents the world around them.
26. Moral Development Theory - Lawrence A. Kohlberg (1927-1987) expanded Piaget’s theory of cognitive development and applied the concept of
development stages to issues in criminology. His theory of moral development (1973) was dependent on thinking of the former and American Philosopher John
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Dewey. He suggested that people travel through stages of moral development and that is possible that serious offenders have a moral development and that it
is suggested that possible that serious offenders have a moral orientation that differs from those law abiding citizens
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27. Intergenerational Theory - Intergenerational transmission refers to the socialization and social learning that helps to explain the ways in which children
growing up in a violent family learn violent roles and subsequently, may play out the roles of victim or victimizer in their own adult families. Intergenerational
transmission theory stated that criminal and antisocial parents tend to have delinquent and antisocial children.
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28. Alternative Theory - Alternative theory beats the famous saying, “Opposite charges attracts”. It focuses on assortative mating: female offenders tend to cohabit
with or get married to male offenders. In a study in New Zealand, Robert F. Krueger and his colleagues found that sexual partners tended to be similar in their
self-reported antisocial behavior.
29. Eysenck’s Conditioning Theory - Hans J. Eysenck - claims that all human personality may be seen in three dimensions such as psychoticism, extroversion,
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and neuroticism.
a. Psychoticism are aggressive, egocentric and impulsive.
b. Extroversion are sensation-seeking, dominant and assertive.
c. Neuroticism are those with low self-esteem, excessive anxiety and wide mood swings
30. Integrated Theory - This theory was proposed by James Q. Wilson and Richard Julius Herrnstein which explain predatory street crime by showing how human
nature develops from the interplay of psychological, biological, and social factors. Its main concept is that the interaction of genes with environment that some
individuals form the kind of personality likely to commit crimes.
31. Maternal Deprivation and Attachment Theory - Edward John M. Bowlby - devised this theory who expressed the notion that child needs warmth and
affection from his/her mother or a mother substitute. Bowlby emphasized that the most important phenomenon to social development takes place after the birth
of any mammal and that is the construction of an emotional bond between the infant and his attachment affects the capacity to be affectionate and to develop
intimate relationships with others.
32. Anomie Theory (David Emile Durkheim) - Anomie derived from the Greek word nomos which means without norms. Anomic society is one in which rules of
behavior (norms) have broken down or become inoperative during periods of rapid social change or social crisis such as war or famine
33. Relative Deprivation Theory (Judith Blau and Peter Blau) - Condition that exists when people of wealth and poverty live in close proximity to one another;
the relatively deprived are apt to have feelings of anger and hostility, which may produce criminality.
34. Cultural Deviance Theory - This theory combines the effects of social disorganization and strain to explain how people living in deteriorated neighborhoods
react to social isolation and economic deprivation. Because of the draining, frustrating and dispiriting experiences, members of the lower class create an
independent subculture with its own set of rules and values

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35. Delinquent Subculture Theory (Albert K. Cohen) - Because the social conditions make the lower-class youths incapable of achieving success legitimately,
they experience a form of culture conflict that Cohen labels status frustration.
A. Status frustration refers to the state where youths are incapable of achieving their legitimate goals in life because of the social conditions that they are into
such as having poor parents and living in slum areas.
B. The Corner Boy. The most common response to middle-class rejection. He is not a chronic delinquent but may be a truant who engages in petty or status
offenses, such as sex before marriage and recreational drug abuse.
C. The College Boy. Embraces the cultural and social values of the middle-class. He actively strives to be successful by those standards.
D. The Delinquent Boy. Adopts set of norms and principles in direct opposition to middle-class values. He strives for independence and that nobody can
control his behavior, he may join gang and willing to take risks and violate the law.
36. Karl Marx’s Theory - Karl Heinrich Marx, in his famous “Communist Manifesto”, viewed crime as the product of law enforcement policies akin to a labeling
process theory; he also saw connection between criminality and the inequities found in the capitalist system. He states that its development had turned workers
into a dehumanized mass who lived an existence that was at the mercy of their capitalist employers.
A. Marx identified that there are two components in the mode of production:
B. Productive forces, which include such things as technology, energy sources, and material resources; and
C. Productive relations, which are the relationships that exists among the people producing goods and services
37. Friedrich Engels’ and Willem Bonger’s Theory - Friedrich Engels in his work, “The Condition of the Working Class in England” portrayed crime as a function
of social demoralization- a collapse of people’s humanity reflecting a decline in society. Workers are demoralized by the capitalist society, are caught up in the
process that leads to crime and violence. Working people committed crime because their choice was a slow death of starvation or a speedy one at the hands of

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the law.
38. Conflict Theory - Crime is the outcome of class struggle. The classes that are struggling here are the upper, middle and lower class (have-nots). Conflict works

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to promote crime by creating a social atmosphere in which the law is a mechanism for controlling dissatisfied, have-not members of the society while the
wealthy maintain their position of power. It also viewed that crime is defined by those in power. Power refers to the ability of persons and groups to determine
and control the behavior of others and to shape public opinion to meet their personal interests

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39. Postmodern Theory - It focuses on the critical analysis of communication and language in legal codes. It believes that language is value laden and can
promote the same sort of inequalities that are present in the rest of the social structure. It asserts that there are different languages and ways of knowing. Those

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in power are able to use their own language to define crime and law while excluding or dismissing those who are in opposition to their (prisoners or the poor).
40. Institutive-Constitutive Theory - Gregg Barak and Stuart Henry’s, defines crime as the application of harm to others. People who are defined as committing
criminal acts are at the same time being made unequal or “disrespected”; they are rendered powerless to maintain or express their humanity. In a sense then,
the act of making people “criminals” is a crime. There are two (2) aspects of crime:
A. Crime of repression. This occurs when members of a group are prevented from a achieving their fullest potential because of racism, sexism, or

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some other status bias. For example: Two girls are applying for saleslady in the department store. One with pleasing personality (pretty face, tall and
white complexion); the other one is short, tan complexion but intelligent. For sure, the one that has been accepted was the girl with pleasing
personality, then the other girl is rejected despite being intelligent.
B. Crime of reduction. This occurs when the offended party experiences a loss of some quality relative to his or her present standing. For example, a
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victim of rape may loss her state of being chaste, that when she meets a guy whom she adored much; the guy’s parents may hinder their
relationship because of what happened to her.
41. Conservatism and Liberalism Theory - Conservative ideologies assume that the ideal society is one in which authority is unquestioned. Because human
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nature is basically egoistic, people need discipline-instruction for those with the requisite capacity, restraint for those lacking the capacity to understand.
Unfortunately, society is threatened by defective people-individuals and population groups-who cannot or will not accept the authority and direction of their
superiors, and resort to crime to profit from the labors of others. Criminals are predators, and their crimes are the results of pathologies of mind and body.
42. Identity Fusion Theory - Identity Fusion is defined as a visceral feeling of oneness with the group that is associated with increased permeability of the
boundary between the personal and social self. It was created by William B. Swann Jr. And Michael D. Buhrmester (2012). Fused persons view the group as
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“family” and believe that family membership requires sacrifices. When a family member is imperiled, they experience emotions akin to when self is imperiled.
Result: strongly fused people will make extreme sacrifices for the group.
● Example, if one of the members of the gang was killed and the other members knew who killed their co-member then; there is a possibility that this gang
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will join forces to revenge against the killer. Because each member of the gang feels that they are one family within the group.
43. Life Course Theory - As people are into the process of transition-moving from one stage to another stage of life like from adolescents to adulthood, along the
way, he or she may experience some disruption in any of the stages mentioned. The disruption in any of the stages can lead to criminal behavior. It viewed
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criminality as dynamic process, influenced by a multiple of individual characteristics, traits, and social experiences. For example, a female student got pregnant
in her third year of college and eventually stopped by the parents from going to school. After delivering the baby, the student had no intention anymore of going
back to school, instead she’s now more concerned on joining her friends wherever they go. Letting her parents took care of her baby.
44. Latent Trait Theory - Latent trait theory is a complete opposite of life course theory. This theory claims that people do not change, criminal opportunities
E.

change; maturity brings fewer opportunities; early social control such as proper parenting can reduce criminal propensity. It also holds that human development
is controlled by a “master trait-such as personality, intelligence, and genetic make-up“, present at birth. It is also believed that this trait remains stable and
unchanging throughout the person’s lifetime whereas others suggest that it can be altered, influenced, or changed by subsequent experience.
45. Interactional Theory (Terence P. Thornberry) - The onset can be traced to a deterioration of the social bond during adolescence, marked by a weakened
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attachment to parents, commitment to school, and belief in conventional values. The onset of criminal career is supported by residence in a social setting in
which deviant values and attitudes can be learned from and reinforcement by delinquent peers. Weak bonds lead kids to develop friendships with deviant peers
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and get involved in delinquency. So, if we try to analyze interactional theory, it clearly borrowed the principles of social bond theory by Travis Hirschi.
46. Age-Graded Theory - Robert J. Sampson and John H. Laub in their work, “Crime in the Making” identify the turning points in a criminal career. The stability
of delinquent behavior can be affected by the events that occur in later life, even after a chronic delinquent career has been undertaken. Children who enter
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delinquent careers are those who have trouble at home and school, and maintain deviant friends . In age-graded theory, the type of crime committed by a
certain individual is consonance with his age or his age governs or dictates the type of crime to be committed by him. This is called as the turning points:
marriage and career. For example, adolescents who are at risk for crime can live conventional lives if they can find good jobs or achieve successful careers
47. General Theory of Crime - Michael R. Gottfredson and Travis W. Hirschi in their work, “General Theory of Crime”, modified and redefined some of the
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principles articulated in Hirschi’s social control theory by integrating the concepts of control with those biossocial, psychological, routine activities, and rational
choice theories. In this theory, Gottfredson and Hirschi consider the criminal offender and the criminal act as separate concepts. They further claim that
crime is rational and predictable; people commit crime when it promises rewards and minimal threat of punishment can deter crime.
48. Differential Coercion Theory - Mark Colvin in his work, Crime and Coercion, “identifies master trait that may guide behavioral choices, in which he calls
“coercion”. perceptions of coercion can bgin in early life when children experience punitive form of discipline including both physical attacks and psychological
coercion including negative commands. Critical remarks such as teasing, humiliation, whining, yelling, and threats.
● Colvin identified two sources of coercion: interpersonal and impersonal coercion.
A. Interpersonal coercion. It is direct, involving the use or threat of force and intimidation from parents, peers, and law enforcement officer.
B. Impersonal coercion. It involves pressures beyond individual control, such as economic and social pressure caused by unemployment, poverty, or
competition among businesses or other groups.
49. Control Balance Theory - Charles R. Tittle’s control balance theory expands the concept of personal control as predisposing element of criminality. He
believed the concept of control has two distinct elements: the amount of control one is subject to by others and the amount of control one can exercise over
others. Conformity results when these 2 elements are in balance; control imbalances produced deviant and criminal behaviors. According to Tittle, deviance
increases when there is control deficit and with excessive control. Control imbalance represents a potential to commit crime and deviance.
Theories on Women Offenders
50. Adler’s Theory of Masculinity - Freda Adler, a prominent female criminologist on her book entitled, “ Sister in Crime: The Rise of a New Female Criminal”
in 1975 has helped to develop the masculinity theory. She argued that, women are involved in more crime due to the increasing participation of women in social

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 movements since the 1970’s, which changed role of female in family and the feelings of independence in her work and thought. All these factors promote the
“masculinization process of women” role in society.
● The main premise of this theory is that criminalities of women are mainly dependent on the masculinity behavior of female. The empowered women are
involved in more serious violent crime than non-empowered women due to the masculinity
51. Opportunity Theory - This was created by Rita J. Simon in her work, “Women and Society”, this theory argued that the involvement of criminal activities is
increased when women have different opportunities.
● Increasing opportunities of women reduced the rates of violent female offending, but increased the rates of property crimes.
● According to the empirical observations of this theory, Simon argued that historically, males are more active in crime because of their greater social
opportunities, competences, and networking than females. In the broader social context, if female opportunity, efficiency and social communication are
increased, then the rate of female criminality increases accordingly. Simon logically argued that, “when more women get access in labor market as skilled
labor and possess highly specialized position in the job sector they commit more employment related property crime like men. Some women take the
advantage of these opportunities, just as some men do before.
52. Marginalization Theory - Meda Chesney-Lind and Kathleen Daly (1986): Women and Crime: The Female Offender (1986). Marginality (low salary;
inadequate job; lower class position; family victimization) of a woman penetrates criminality in contemporary societies. Those women are motivated to commit
crime as a rational response to poverty and economic uncertainty that they perceive. They pointed out women’s unemployment, inadequate labor charges, and
the increase in the number of members in the home, that is,the care for the large family, which leads to a reduction in the domestic budget, and on her fee time
can make women crime prone.
● Criminologist Kathleen Daly developed a new term in criminology that emphasizes women’s involvement in professional criminality. The term “pink

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collar crime” appears as a counterpart to the “white collar crime”. According to Daly, “pink collar crime” is carried out by women whose office jobs can
be characterized as being set on a low to medium level, or more simply speaking, at a position as accountant, manager, officers, etc. which

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embezzlement from their employers.
● That is, women who may not have carrying main functions but still have enough powers and opportunities to commit fraud or theft at their jobs.
53. Critical Feminist Theory - Critical feminist theory also known as Marxist feminists. This theory holds that gender inequality stems from the unequal power of

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men and women and the subsequent exploitation of women by men. Further, the cause of female criminality originates with the onset of male supremacy and
the efforts of males to control female sexuality. Women are a “commodity” like land or money. The male exploitation acts as a trigger for female criminal or

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delinquent behavior.
54. Power-Control Theory - Power control theory by John L. Hagan (1985) suggests that class influences delinquency and criminality by controlling the quality
of family life. In egalitarian families, in which the husband and the wife share similar positions of power at home and in the workplace-daughters gain a kind of
freedom that reflects reduced parental control. These families produce daughters whose law violating behaviors mirror those of their brothers. The daughters of
successful and powerful mothers are more at risk of delinquency than the daughters of stay-at-home mothers.

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55. Sigmund Freud’s Theory of “Penis Envy” - Penis envy is a theory in Freudian psychoanalytic theory that proposes that very young girls feel deprived and
envious for not having a penis. According to him, women were simply men without penises. A child progresses through several stages of development, each of
which contains a sexual conflict that the child must resolve to become a healthy adult.
● According to Freud, penis envy is a stage of development experienced only by female children and occurs when a girl first notices the differences in
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male and female anatomy and longs to have a penis of her own. He suggested that this moment is critical for sexual awareness and gender role
differentiation in women. After a girl realizes she lacks a penis, she may be envious of boys. She may then begin to sexually desire her father and
blame her mother for her apparent castration, longing for death or disappearance of her mother.
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56. Chivalry or Paternalism Theory - Otto Pollak (1950) in his book, “The Criminality of Women” , argues that in a patriarchal society, women are treated
more leniently than men because women are believed to born biologically inferior and in need of protection from men. Paternalism theory further states that
traditional women are treated with extreme leniency due to chivalry resulting from paternalistic attitudes within a patriarchal society.
● According to Franklin and Fearne (2008), the presence of patriarchy in American society is evident when considering wage differences between the
genders. Furthermore, the authors argue that women are underrepresented in positions of authority such as political and economic occupations. This
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lack of female leadership is likely due to the preconceived notion that females are less effective at leadership than men. Further evidence of the
effect of discrimination against women can be found in female victimization. Women, viewed as physically weak and inherently sexual, are frequently
victimized through the use of rape and domestic violence, which demonstrate male domination, power disparities, and the biologically inferior female
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body.
Ecology or Environmental Theories of Crime Causation
57. Human Ecology theory - Ernst Haeker in 1878 coined the term “ecology”, which means the study of interrelations and interdependence of species and by
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so doing gave them the character of distinct and separate science. The term “human ecology” was first introduced by the sociologist Robert Park and
Ernest Burgess in 1921, and represented an attempt to systematically apply the basic theoretical scheme of plant and animal ecology to the study of human
communities.
● Human ecology is concerned with the examination of the relationship between man and his environment and man within an environment. Within
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sociology, human ecology is concerned with the question of how people organize themselves socially to adapt are termed “dominant” groups.
Those who exercise this control in lesser degree are termed “subdominant.”
58. Ecological Systems Theory - Urie Bronfenbrenner’s theory focuses on the quality and context of the child’s environment. He states that as a child develops,
the interaction within these environments becomes more complex. This complexity can arise as the child’s physical and cognitive structures grow and mature.
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● Bronfenbrenner’s theory defines complex “layers” of environment, each having an effect on a child’s development. This theory has recently been
renamed “bioecological systems theory” to emphasize that a child’s own biology is a primary environment fueling her development.
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59. Broken Windows Theory - The broken windows theory is a criminological theory that states that visible signs of crime, anti-social behavior, and civil disorder
create an urban environment that encourages further crime and disorder, including serious crimes.
● Something that is clearly neglected can quickly become a target for vandals. But it eventually morphed into something far more than that. It became
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the basis for one of the most influential theories of crime and policing in America: "broken windows
60. Crime Pattern Theory - Crime pattern theory is particularly important in developing an understanding of crime and place because it combines rational choice
and routine activity theory to help explain the distribution of crime across places. The distribution of offenders, targets, handlers, guardians, and managers over
time and place will describe crime patterns. Changes in society like the presence of commercial establishments, shopping centers have increased the numer of
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potential targets while separating them from the people who can protect them.
Biological Theories of Crime Causation

Biosocial Theory
● Viewed that both thought and behavior have biological and social bases.
● Believe that it is the interaction between predisposition and environment that produces criminality
● Children born into a disadvantage environment often do not have the social and familial support they need to overcome their handicaps. Lack of family
support can have long term physical consequences
Evolutionary Theory
● Rooted in Darwin’s theory of natural selection, which explains the existence of aggression and violent behavior as positive adaptive behaviors in human
evolution; these traits allowed their bearers to reproduce disproportionately, which had an effect on the human gene pool.
Sub-theories:
A. Cheater Theory
● Suggests that a sub-population of men has evolved with genes that incline them toward extremely low parental involvement and that men are sexually
aggressive who use their cunning to gain sexual conquests with as many females as possible. Because females would not choose them as mates, they
use stealth to gain sexual access “cheating” including such tactics as mimicking the behavior of more stable males
● Psychologist Byron Roth notes that these cheater-type males maybe especially attractive to younger, less intelligent women who begin having children at
a very early age. It explains male aggressiveness.

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 B. R/K Selection Theory
● Holds that all organisms can be located along a continuum based upon their reproductive drives. Those along the “R” end reproduce rapidly whenever
they can and invest little in their offspring; those along the “K” end reproduce slowly and cautiously and take care in the raising their offspring. K-oriented
people are more cooperative and sensitive to others, whereas R-oriented people are more cunning and deceptive. People
C. Arousal Theory
● Environmental factors influence the brain’s level of arousal.It explains that aggression is a function of the level of individuals’ needs for stimulation or
arousal from the environment. Those who require more stimulation may act in aggressive manner to meet their needs. Thrill is a motivator of crime.
Adolescents may engage in such crimes as shoplifting and vandalism simply because they offer the attraction of getting away it; criminality is a trilling
demonstration of personal competence. It also explained that adolescents with low heart rates are more likely to commit crimes, they seek stimulation to
increase their arousal levels to normal levels. Arousal theorists believed that genetic and environmental reasons, some people’s brain functions differently
in response to environmental stimuli. It emphasizes the importance of a balance in arousal levels

Dispute Resolution Crisis / Incident Management

What is Conflict?
● A conflict is an activity which takes place when conscious beings (individuals or groups) wish to carry out mutually inconsistent act concerning their wants,

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needs or obligations. (Nicholson, M., 1992)
● Conflict may also refer to a natural disagreement or struggle between people which may be physical, or between conflicting ideas. It can either be within

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one person, or they can involve several people or groups. It exists when they have incompatible goals and one or more believe that the behavior of the
other prevents them from their own goal achievement. The word “Conflict” comes from the Latin word “conflingere” which means to come together for a
battle.

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What are the Conflict Resolution Strategies?

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● Kenneth Thomas and Ralph Kilmann (2015) developed five conflict resolution strategies Thomas – Kilmann Instrument or more generally known as TKI
Conflict Strategies that people use to handle conflict, including avoiding, defeating, compromising, accommodating, and collaborating

The following are the five (5) Conflict Resolution Strategies:

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Avoiding
● This is unassertive and uncooperative. The person neither pursues his own concerns nor those of the other individual. Thus, he does not deal with the
conflict
● Avoiding is when people just ignore or withdraw from the conflict. They choose this method when the discomfort of confrontation exceeds the potential
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reward of resolution of the conflict. When conflict is avoided, nothing is resolved.

Competing
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● This is assertive and uncooperative. An individual pursues his own concerns at the other person’s expense. This is a power-oriented mode in which you
use whatever power seems appropriate to win your own position—your ability to argue, your rank, or economic sanctions. Competing means “standing up
for your rights,” defending a position which you believe is correct, or simply trying to win.

Accommodating
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● This is unassertive and cooperative—the complete opposite of competing. When accommodating, the individual neglects his own concerns to satisfy the
concerns of the other person; there is an element of self-sacrifice in this mode.
● Also, accommodating is a strategy where one party gives in to the wishes or demands of another. They are being cooperative but not assertive.
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Collaborating
● It is both assertive and cooperative—the complete opposite of avoiding. Collaborating involves an attempt to work with others to find some solution that
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fully satisfies their concerns. It means digging into an issue to pinpoint the underlying needs and wants of the two individuals. A group may learn to allow
each participant to contribute with the possibility of co-creating a shared solution that everyone can support.

Compromising
● It is moderate in both assertiveness and cooperativeness. The objective is to find some expedient, mutually acceptable solution that partially satisfies both
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parties. It falls intermediate between competing and accommodating. Compromising gives up more than competing but less than accommodating.

ALTERNATIVE DISPUTE RESOLUTION (ADR)

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What is Republic Act No. 9285?

● This Act is known as the "Alternative Dispute Resolution Act of 2004."

What is the policy of the State regarding Alternative Dispute Resolution (ADR)?
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● It is hereby declared the policy of the State to actively promote party autonomy in the resolution of disputes or the freedom of the party to make their own
arrangements to resolve their disputes. Towards this end, the State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR)
as an important means to achieve speedy and impartial justice and declog court dockets. As such, the State shall provide means for the use of ADR as an
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efficient tool and an alternative procedure for the resolution of appropriate cases. Likewise, the State shall enlist active private sector participation in the
settlement of disputes through ADR.

Does RA 9285 limits the power of the Supreme Court to adopt any ADR System?
● No. This Act shall be without prejudice to the adoption by the Supreme Court of any ADR system, such as mediation, conciliation,arbitration, or any
combination thereof as a means of achieving speedy and efficient means of resolving cases pending before all courts in the Philippines which shall be
governed by such rules as the Supreme Court may approve from time to time. (Sec. 2, RA 9285)

What is Alternative Dispute Resolution?

● Alternative Dispute Resolution System means any process or procedure used to resolve a dispute or controversy, other than by adjudication of a presiding
judge of a court or an officer of a government agency, as defined under RA 9285, in which a neutral third party participates to assist in the resolution of
issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof. (Sec. 3, par. a, RA 9285)

What is Arbitration?
● Arbitration means a voluntary dispute resolution process in which one or more arbitrators, appointed in accordance with the agreement of the parties, or
rules promulgated pursuant to RA 9285, resolve a dispute by rendering an award. (Sec. 3, par. d, RA 9285)
● Note: Award means any partial or final decision by an arbitrator in resolving the issue or controversy.

Who is an Arbitrator?

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 ● Arbitrator means the person appointed to render an award, alone or with others, in a dispute that is the subject of an arbitration agreement. (Sec. 3, par. e,
RA 9285)

What is Early Neutral Evaluation?

● This means an ADR process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and
receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. (Sec. 3,par. n, RA 9285)

What is Mediation?
● Mediation means a voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assist the
parties in reaching a voluntary agreement regarding a dispute. (Sec. 3, par. q, RA 9285)

Who is a Mediator?
● Mediator means a person who conducts mediation. (Sec. 3, par. r, RA 9285)

What is Mediation Party?

● This means a person who participates in a mediation and whose consent is necessary to resolve the dispute. (Sec. 3, par. s, RA 9285)

What is Mediation-Arbitration?

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● "Mediation-Arbitration" or Med-Arb is a step dispute resolution process involving both mediation and arbitration. (Sec. 3, par. t, RA 9285)

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What is Mini-trial?
● This means a structured dispute resolution method in which the merits of a case are argued before a panel comprising senior decision makers with or
without the presence of a neutral third person after which the parties seek a negotiated settlement (Sec. 3, par. u, RA 9285)

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How arbitration, mediation and conciliation are different from each other?
● Arbitration, mediation and conciliation are the main Alternative Dispute Resolution Mechanism which is generally adopted by the people to resolve their

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disputes in an informal manner. They try to reach a solution by settlement or negotiation with the assistance of a third neutral party and have turned out to
be an effective alternative to the litigation process. Arbitration is a process where the parties submit their case to a neutral third party who on the basis of
discussion determine the dispute and comes to a solution.
● Mediation and conciliation both are an informal process. Whereas, arbitration is more formal as compared to them. In mediation, the mediator generally

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sets out alternatives for the parties to reach out an agreement. The main advantage of the mediation is that the settlement is made by the parties
themselves rather than a third party. It is not legally binding on the parties. In addition, the basic motive of mediation is to provide opportunities to parties to
negotiate and come to a final solution catering the needs of both sides. Dispute resolution through conciliation involves the assistance of a neutral third
party who plays an advisory role in reaching an agreement. VI
The process adopted by all the three are different but, the main purpose is to resolve the dispute in a way where the interest of the parties is balanced.
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What is ADR Provider?
● "ADR Provider" means institutions or persons accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in
any Alternative Dispute Resolution system. This is without prejudice to the rights of the parties to choose nonaccredited individuals to act as mediator,
conciliator, arbitrator, or neutral evaluator of their dispute. (Sec. 3, par. b, RA 9285)
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What is the liability of ADR providers/Practitioners?

● The ADR provides /practitioners shall have the same civil liability for acts done in the performance of their official duties as that of public officers as
provided in Section 38 (1), Chapter 9, Book 1 of the Administrative Code of 1987, upon a clear showing of bad faith, malice or gross negligence. (Article
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1.5, IRR, RA 9285)

What are the cases wherein Republic Act No. 9285 does not apply?
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● The provisions of RA 92856 shall not apply to resolution or settlement of the following:
a. Labor disputes covered by Presidential Decree No. 442, otherwise known as the Labor Code of the Philippines, as amended and its
Implementing Rules and Regulations;
b. The civil status of persons;
c. The validity of a marriage;
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d. Any ground for legal separation;

e. The jurisdiction of courts;
f. Future legitime;
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g. Criminal liability;
h. Those which by law cannot be compromised; and
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i. Those disputes referred to court-annexed mediation. (Article 1.3, IRR, RA 9285)

THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION

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What is the Office for Alternative Dispute Resolution?

● The Office for Alternative Dispute Resolution (OADR) is as an agency attached to the Department of Justice. It shall have a Secretariat and shall be
headed by an Executive Director, who shall be appointed by the President of the Philippines, taking into consideration the recommendation of the
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Secretary of Justice. (Article 2.1., IRR, RA 9285)

What are the powers of the OADR?

● The OADR shall have the following powers:
a. To act as appointing authority of mediators and arbitrators when the parties agree in writing that it shall be empowered to do so;
b. To conduct seminars, symposia, conferences and other public fora and publish proceedings of said activities and relevant materials/information that would
promote, develop and expand the use of ADR; To establish an ADR library or resource center where ADR laws, rules and regulation, jurisprudence,
books, articles and other information about ADR in the Philippines and elsewhere may be stored and accessed;
c. To establish training programs for ADR providers/practitioners, both in the public and private sectors; and to undertake periodic and continuing training
programs for arbitration and mediation and charge fees on participants. It may do so in conjunction with or in cooperation with the IBP, private ADR
organizations, and local and foreign government offices and agencies and international organizations;
d. To certify those who have successfully completed the regular professional training programs provided by the OADR; To charge for services rendered such
as, among others, for training and certifications of ADR providers To accept donations, grants and other assistance from local and foreign sources; and To
exercise such other powers as may be necessary and proper to carry into effect the provisions of the ADR Act. (Art. 2.2., IRR, RA 9285)
MEDIATION

What are the Terms Applicable to the Segment/Discussion on International Commercial Arbitration? Explain.

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Terms and Applicable to the Chapter Mediation

● Ad hoc Mediation means any mediation other than institutional or court-annexed.

● Institutional Mediation means any mediation process conducted under the rules of a mediation institution.
● Court-Annexed Mediation means mediation process conducted under the auspices of the court and in accordance with Supreme Court approved
guidelines, after such court has acquired jurisdiction of the dispute.
● Court-Referred Mediation means mediation ordered by a court to be conducted in accordance with the agreement of the parties when an action is
prematurely commenced in violation of such agreement.
● Certified Mediator means a mediator certified by the Office for ADR as having successfully completed its regular professional training program.
● Mediation means a voluntary process in which a mediator, selected by the disputing party voluntary agreement regarding a dispute.
● Mediation Party means a person who participates in a mediation and whose consent is necessary to resolve the dispute.
● Mediator means a person who conducts mediation.
● Non-Party Participant means a person, other than a party or mediator, who participates in a mediation proceeding as a witness, resource person or
expert. (Rule 2, par. B, IRR, RA 9285)

What is the scope of application of the Implementing Rules?

● These Rules apply to voluntary mediation, whether ad hoc or institutional, other than court-annexed mediation and only in default of an agreement of the
parties on the applicable rules.

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These Rules shall also apply to all cases pending before an administrative or quasi-judicial agency that are subsequently agreed upon by the parties to be
referred to mediation. (Article 3.1., IRR, RA 9285)

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Define Ad hoc, Institutional and Court-Annexed Mediation.
● Ad hoc Mediation means any mediation other than institutional or court-annexed.

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● Institutional Mediation means any mediation process conducted under the rules of a mediation institution.
● Court-Annexed Mediation means mediation process conducted under the auspices of the court and in accordance with Supreme Court approved

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guidelines, after such court has acquired jurisdiction of the dispute.

What is the State policy on Mediation?

● In applying and construing the provisions of these Rules, consideration must be given to the need to promote candor of parties and mediators through

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confidentiality of the mediation process, the policy of fostering prompt, economical and amicable resolution of disputes in accordance with principles of
integrity of determination by the parties and the policy that the decision-making authority in the mediation process rests with the parties.
● A party may petition a court before which an action is prematurely brought in a matter which is the subject of a mediation agreement, if at least one party
so requests, not later than the pre-trial conference or upon the request of both parties thereafter, to refer the parties to mediation in accordance with the
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agreement of the parties. (Article 3.2., IRR, RA 9285)

SELECTION OF A MEDIATOR
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Do parties have the right to select a Mediator?

● Yes. The parties have the freedom to select a mediator. The parties may request the Office for Alternative Dispute Resolution (OADR) to provide them list
or roster or the resumes of its certified mediators. The OAD may be requested to inform the mediator of his/her selection. (Article 3.3., IRR, RA 9285)
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Is it required that a Mediator has special qualifications by background or profession?

● As a Rule, ADR act does not require that a mediator shall have special qualifications by background or profession unless the special qualifications of a
mediator are required in the mediation agreement or by the mediation parties. (Sec. 13, RA 9285)
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May a party waive his right to participate in Mediation?

● Yes, except as otherwise provided in RA 9285, a party may designate a lawyer or any other person to provide assistance in the mediation. A lawyer of this
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right shall be made in writing by the party waiving it. A waiver of participation or legal representation may be rescinded any time. (Sec. 14, RA 9285)
Note: Rescind means to revoke or cancel.

When a Mediator be replaced?

● If the mediator selected is unable to act as such for any reason, the parties may, upon being informed of such fact, select another mediator. (Article 3.4.,
E.

IRR, RA 9285)
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FEES AND COST OF MEDIATION

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In Ad Hoc Mediation, what are the rules on Fees and Cost?

● In ad hoc mediation, the parties are free to make their own arrangement as to mediation cost and fees. In default thereof, the schedule of cost and fees to
be approved by the OADR shall be followed. (Article 3.25., IRR, RA 9285)
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In Institutional Mediation, what does mediation cost include?

● In institutional mediation, mediation cost shall include the administrative charges of the mediation institution under which the parties have agreed to be
bound, mediator’s fees and associated expenses, if any. In default of agreement of the parties as to the amount and manner of payment of mediation’s
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cost and fees, the same shall be determined in accordance with the applicable internal rules of the mediation service providers under whose rules the
mediation is conducted. (Article 3.26., IRR, RA 9285)

What are the factors in determining mediation fee?

● A mediation service provider may determine such mediation fee as is reasonable taking into consideration the following factors, among others:
a. the complexity of the case
b. the number of hours spent in mediation; and
c. the training, experience and stature of mediators. (Article 3.26., IRR, RA 9285)

KATARUNGANG PAMBARANGAY LAW

(Sections 399 – 422 of the Local Government Code)

What is PD 1508?
● This refers to an Act Establishing a System of Amicably Settling Disputes at the Barangay Level.

What is RA 7160?

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 ● RA 7160 is otherwise known as the 1991 Local Government Code. This gives barangays the mandate to enforce peace and order and provide support for
the effective enforcement of human rights and justice. Decentralization has facilitated the recognition of the Katarungang Pambarangay or Barangay
Justice System as an alternative venue for the resolution of disputes. The challenge facing local governments now is to maximize and harness the
katarungang pambarangay as one of the most valuable mechanisms available in administering justice, advancing human rights protection and resolving
and/or mediating conflict at the barangay level through non-adversarial means. In addition, this law expanded the scope and powers of the Katarungang
Pambarangay or the Barangay Justice System designed not merely to decongest the courts of cases but to address inequalities in access to justice,
particularly experienced by marginalized communities. The barangays, being the basic political unit in the country, is in the most strategic position to
facilitate resolution or mediation of community and family disputes, alongside its mandate to deliver basic services.

What is Katarungang Pambarangay?

● Katarungang Barangay (KP) is a system of justice administered at the barangay level for the purpose of amicable settling disputes through mediation,
conciliation or abitration among the family or barangay without resorting to the courts. The Katarungang Pambarangay or Barangay Justice System is a
community-based dispute settlement mechanism that is administered by the basic political unit of the country, the barangay. As a community based
mechanism for dispute resolution, it covers disputes between members of the same community (generally, same city/municipality) and involves the
Punong Barangay and other members of the communities (the Lupon members) as intermediaries (mediators, conciliators, and, sometimes, arbitrators)

State the manner of electing or appointing officials of Barangay.

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The Barangay officials shall be elected or appointed in the following manner:

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a. The Barangay Chairman shall be elected in an election called for that purpose; and Under the Philippine Constitution, the term of office of elective local
officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive
terms. (Sec 8, Art X of the Philippine Constitution) The term of office of barangay chairmen and Sangguniang Barangay Members shall be five (5) years.

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(Par c, Sec 1 of RA 8524
b. The Barangay Secretary and Barangay Treasurer shall be appointed by the Punong Barangay with concurrence of the majority of all the Sangguniang

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Barangay Members. Their appointment shall not be subject to attestation by the Civil Service Commission; (Sec 394 & 395 of the Local Government
Code)

Who is the Barangay Secretary of the lupon? What are his duties?
● The Barangay Secretary shall concurrently serve as the secretary of the Lupon. His duties are the following:

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a. He shall record the results of the mediation proceedings before the Punong Barangay and shall submit a report thereon to the proper city or municipal
courts;
b. He shall receive and keep the records of proceedings submitted to him by various conciliation panels; and
c. He shall issue certified true copies of any public record in his custody that is not by law otherwise declared confidential. (Sec 394 of the Local Government
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Code)

Take Note: The word “concurrently” means at the same time. (Aquino, 2005)
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What is Lupong Tagapamayapa?

● Lupong Tagapamayapa (Lupon) is a body organized in every barangay composed of Punong Barangay as the chairperson and not less than ten (10) and
more than twenty from which the members of every Pangkat shall be chosen.
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Who has the authority to constitute the Lupon?

● The Punong Barangay can appoint the lupon members. It is his/her exclusive prerogative — no need for approval, confirmation or ratification of the
sangguniang barangay.
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What are the six (6) steps to constitute a Lupon?

STEP 1: Determining the actual number of Lupon
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Members;
STEP 2: Preparing a notice to constitute the Lupon;
STEP 3: Posting the notice to constitute the Lupon;
STEP 4: Appointment of Lupon Members;
STEP 5: Oath taking of Lupon members;
E.

STEP 6: Posting

When and how the Punong Barangay constitute the Lupon?

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● A notice to constitute the Lupon, which shall include the names of the proposed members who have expressed their willingness to serve, shall be
prepared by the Barangay Chairman within the first fifteen (15) days from the start of his term of office.
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How many members should the Punong Barangay include in the list?
● A minimum of ten (10) and maximum of twenty (20) members.
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Who are qualified and disqualified members of Lupon?

● The lupong tagapamayapa shall be composed of Punong Barangay as chairman and ten (10) to twenty (20) members. The qualifications of the members
are the following:
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a. Actually residing or working in the barangay;

b. Not expressly disqualified by law; and
c. Possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity. (Sec 399 of the Local Government Code)

5 P’s of Crisis Management

Pro-Active Phase (It compasses the first 3 “P” of crisis management)
1. Prediction – involved the foretelling of the likelihood of crisis occurring either natural or man-made.
2. Prevention – institution of passive and active security measures, as well as the remedy or solution of establishing factors and or security flaws leading to such
crisis and emergencies. (Mostly man made)
3. Preparation – characterized by planning, organizing, training of SWAT/SAF personnel, rescue team, medical team, stockpiling of equipment such as
flashlights, rubber boats, and the like.
4. Performance – ensure a high probability of success in neutralizing the perpetrators; to minimize, or cushion the adverse effects of the crisis incidents and to
ensure a smooth and speedy rehabilitation or return to normal.
5. Post – Action and Assessment – Is the situation when the pro-active and reactive phases were all done.

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Terms to Remember:
▪ Courier – person(s) delivering the concessions(s), which, purports to be, that being demanded by the offenders.
▪ Crisis Negotiation – use of communication techniques and strategies to influence a person to change his/her behavior in accordance with goals within legal,
ethical and moral constraints.
▪ Hostage-taking – situation in which the perpetrators hold person(s) captive against their will as bargaining chips in a known location, refusing the demands of
the authorities to surrender.
▪ Hot debrief – short debriefing conducted by negotiating team prior to turnover to another set of negotiating team.
▪ Incident/On-Scene Commander – senior officer in command of the incident.
▪ Intermediary – person authorized by the Incident/On-Scene Commander to communicate with the hostage-takers either upon the request of the latter or to
facilitate smooth communication between the designated negotiators and the hostage-takers.
▪ Stockholm Syndrome – hostages express adulation and have a positive feeling towards their captors that appear irrational in light of the danger or risk
endured by the victim. (coined by Nils Bejerot)
▪ Lima Syndrome – abductors develop sympathy for their hostages.
▪ London Syndrome – one or more hostages respond to captors with belligerence and non-cooperation.
▪ Stronghold – any location or structure, fixed or mobile, where the hostage is being held.
▪ Cardinal Rule in Negotiation – “commander should not negotiate, negotiator should not command”
▪ Mortal Sin – saying “NO”

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Priorities in hostage situation
⮚ Preservation of life – hostage, hostage-taker, public etc.

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⮚ arrest of the hostage-taker, recover and protect property
⮚ Successfully negotiate – to do this, there must be; a need on the part of the hostage-taker to live and release the hostage.

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Basic Facts in Negotiation
1. To achieve the primary objective of saving lives, the negotiator’s initial concern is to buy time and in the process, gain the needed information.

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Effect of time
✔ Police Perspective - time allows the police to assemble its resources and draw a detailed plan on its actions. It increases opportunity for external and internal
intelligence gathering. However, it will also bring additional problems on the possible arrival of more media practitioners, and increase cost of operations.
✔ Hostage Perspective – for the hostages, time allows the following: 1) Increases human needs; 2) Identifies as an individual; 3) Reduces anxiety; 4) Exhaustion;
5) Boredom; 6) Increase opportunity for escape; and 7) Increase opportunity for bonding (Stockholm Syndrome).

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✔ Hostage-takers Perspective – time allows and increases rationality among the perpetrators i.e. the need for food, water, light, air-condition, or anything which
they think could remove those that destruct their concentration or make them comfortable. Time might also reduce expectations and increases suspicions or
doubts on the police intentions.
2. Access to covert intelligence usually drives tactical negotiations. Gathering of intelligence could be best achieved through direct conversation with the hostage
and the hostage-takers.
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3. Interpreters and intermediaries could also help a lot in identifying the perpetrators and their purpose.
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What is usually negotiable? (PNP Hostage Negotiation Handbook)

a. Food;
b. Drinks (avoid alcohol);
c. Transportation (depends on circumstances);
d. Freedom of hostages;
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e. Ransom or money (generally not allowed);

f. Exchange of hostages (generally not allowed)
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• Negotiation Team Leader shall be selected first from among the qualified (trained negotiators) senior police commissioned officers who will in turn select the
members of his/her team.
• Incident/On-Scene Commander of any hostage /critical incident shall be designated by the Crisis Management Committee (CMC). Unless he/ she has the
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authority from the CMC, the first senior officer or any person, by virtue of his position and rank which provides him the authority and responsibility over the area
where the hostage/critical incident took place, shall be called “the Incident/ On-Scene Commander”.
• Incident/On-Scene Commander shall be given the priority to select the NTL/Coordinator from among the senior officers within the command who is a trained
and experienced negotiator.
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Juvenile Delinquency and Justice System

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Categories of Delinquent Youth

Accidental - law abiding citizen but happens to be at the wrong place at the wrong time.
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Asocial - manifested by vile, cruel and atrocious acts conducted for which they feel no remorse.
Neurotic - anti-social behavior of the youth is a direct result of internal conflict and pre-occupation with his own emotion and mood.
Social - resents authority, whether be bit parental, school regulations or ordinances and laws passed by the proper legislative authorities.
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Methodology towards Delinquency

Biogenic – result of some physical defects.
Psychogenic – critical factors on delinquency are personality problems.
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Sociogenic – youth misdeed may be attributed to their learning process

Types of Youth Behavior Disorder

Anti – Social behavior – characterized by disobedience and disrespect for authority.
Truancy – failing to attend their classes for 20 days without any reasonable cause.
Vagrancy – children who are unable to cope with their family life and choose to leave the family home.
Emotional behavior – related to fear reactions, temper tantrums and jealousy reactions.
Lying – penchant for not telling the truth.
Stealing

Causes of Behavioral Disorders

Predisposing factor – internal propensities which may not be considered as a criminal act unless the attempts was made.
Precipitating factor – conditions and elements which provokes crimes or factors such as personal problems, curiosity, ignorance, necessities and diseases.

Salient Features of the Child and Youth Welfare Code (P.D. 603)
Commencement of Civil Personality – commence from the time of his conception, for all purposes favorable to him, subject to the requirements of Article 41 of the
Civil Code.

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Joint Parental Authority – father and mother shall exercise jointly just and reasonable parental authority and responsibility over their legitimate or adopted children.
In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary.

Classifications of Child and Youth Welfare Agencies

*Child-caring institution – provides 24 resident group care service for the physical, mental, social and spiritual well-being of nine or more mentally gifted,
dependent, abandoned, neglected, handicapped or disturbed children, or youthful offenders.
*Shelter-care institution – provides temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by
parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order holding them as material
witnesses.
*Receiving homes are family-type homes which provides temporary shelter from ten to twenty days for children who shall during this period be under observation
and study for eventual placement by the Department of Social Welfare.
*Nursery – provides care for six or more children below six years of age for all or part of a twenty-four hour day, except those duly licensed to offer primarily medical
and educational services.
*Maternity home – give shelter and care to pregnant women and their infants before, during and after delivery.
*Reception and Study Center – receives for study, diagnosis, and temporary treatment, children who have behavioral problems for the purpose of determining the
appropriate care for them or recommending their permanent treatment or rehabilitation in other child welfare agencies.
*Child-placing agency - assumes the care, custody, protection and maintenance of children for placement in any child-caring institution or home or under the care
and custody of any person or persons for purposes of adoption, guardianship or foster care.

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Special Categories of Children

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Dependent child – without a parent, guardian or custodian; or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.
Abandoned – no proper parental care or guardianship, or whose parents or guardians have deserted him for a period of at least six continuous months.

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Neglected – basic needs have been deliberately unattended or inadequately attended. Neglect may occur in two ways: (Physical and Emotional)

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Classification of Mental Retardation (C.T.E.B.)
a. Custodial Group – severely or profoundly retarded, hence, the least capable group. This includes those with I.Q.s to 25.
b. Trainable Group – consist of those with I.Q.s from about 25 to about 50.
c. Educable Group – group's I.Q. ranges from about 50 to about 75, and the intellectual development is approximately 1/2 to 3/4 of that expected of a normal
child of the same chronological age.

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d. Borderline or Low Normal Group – highest group of mentally retarded, with I.Q.s from about 75 to about 89.

● Emotionally Disturbed – although not afflicted with insanity or mental defect, are unable to maintain normal social relations with others and the community in
general due to emotional problems or complexes.
●
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Physically Handicapped – are crippled, deaf-mute, blind, or otherwise defective which restricts their means of action on communication with others.
● Mentally Ill – those with any behavioral disorder which require professional help or hospitalization.
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Salient Features of R.A. 9344 Juvenile Justice and Welfare Act of 2006 as amended by R.A. 10630

Terms to Remember
*Bahay Pag-asa – 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are 15 but below 18 years of age who are awaiting
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court disposition of their cases or transfer to other agencies or jurisdiction.

*Best Interest of the Child – totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and
most encouraging to the child's physical, psychological and emotional development.
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*Child at Risk – vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances
*Deprivation of Liberty – any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting
*Diversion – alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social,
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cultural, economic, psychological or educational background without resorting to formal court proceedings.
*Diversion Program – child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court
proceedings.
*Initial Contact with the Child refers to the apprehension or taking into custody of a CICL.
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*Intervention – series of activities which are designed to address issues that caused the child to commit an offense.
*Juvenile Justice and Welfare System – system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceeding.
*Restorative Justice – resolving conflicts with the maximum involvement of the victim, the offender and the community.
*Youth Detention Home refers to a 24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited
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nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.
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*Youth Rehabilitation Center – 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or
accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation services are
provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into
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their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the
charges against them.

Minimum Age of Criminal Responsibility

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Age Bracket Criminal Liability Treatment

15 years old or below Exempt Intervention Program
Above 15 but below 18 who acted without discernment Intervention Program
Exempt
The child is subjected to appropriate proceeding in accordance with
R.A. 9344 as amended
Above 15 but below 18 who acted with discernment Not exempt

NOTA BENE: The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with
existing laws.
• The child in conflict with the law shall enjoy the presumption of minority.
• He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be 18 years old or older.
• The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents.
• In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of
the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.

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 Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary
proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of
all interested parties.

Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Social Welfare and Development and placed under its
administrative supervision. The JJWC shall be chaired by an Undersecretary of the Department of Social Welfare and Development.

Role of the Different Sectors

Family shall be responsible for the primary nurturing and rearing of children which is critical in delinquency prevention.
Educational institutions shall work together with families, community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation
and reintegration of child in conflict with the law.
Mass Media shall play an active role in the promotion of child rights, and delinquency prevention by relaying consistent messages through a balanced approach.
Local Councils for the Protection of Children (LCPC) shall be established in all levels of local government, and where they have already been established. The
local council shall serve as the primary agency to coordinate with and assist the LGU concerned for the adoption of a comprehensive plan on delinquency prevention,
and to oversee its proper implementation.
The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the formulation and implementation of juvenile intervention and diversion programs in the
community.

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Comprehensive Juvenile Intervention Program
The LGUs shall provide community-based services which respond to the special needs, problems, interests and concerns of children and which offer

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appropriate counseling and guidance to them and their families. These programs shall consist of three levels:
o Primary intervention includes general measures to promote social justice and equal opportunity, which tackle perceived root causes of offending;
o Secondary intervention includes measures to assist children at risk; and

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o Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending.

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Treatment of Children Below the Age of Criminal Responsibility
● Immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative.
● The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest
of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by the
DSWD.

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● The local social welfare and development officer shall determine the appropriate programs for the child who has been released, in consultation with the child
and the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be
released to any of the following:
*A duly registered nongovernmental or religious organization;
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*A barangay official or a member of the Barangay Council for the Protection of Children (BCPC);
*A local social welfare and development officer; or, when and where appropriate, the DSWD.
● If the child has been found by the local social welfare and development officer to be dependent, abandoned, neglected or abused by his/her parents and the
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best interest of the child requires that he/she be placed in a youth care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written
authorization for the voluntary commitment of the child: Provided, That if the child has no parents or guardians or if they refuse or fail to execute the written
authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD or the Local Social Welfare and
Development Office (LSWDO) pursuant to P.D. No. 603, and the Supreme Court rule on commitment of children: Provided, further, That the minimum age for
children committed to a youth care facility or ‘Bahay Pag-asa’ shall be 12 years old.
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Serious Crimes Committed By Children Who Are Exempt From Criminal Liability
A child who is above 12 years of age up to 15 years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where
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the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under
Republic Act No. 9165 punishable by more than 12 years of imprisonment, shall be deemed a neglected child under P.D. No. 603, as amended, and shall be
mandatorily placed in a special facility within the youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC).
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Repetition of Offenses
A child who is 12 years of age up to 15 years of age and who commits an offense for the SECOND TIME OR OFTENER: Provided, That the child was
previously subjected to a community-based intervention program, shall be deemed a neglected child under PD No. 603, as amended, and shall undergo an intensive
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intervention program supervised by the local social welfare and development officer: Provided, further, That, if the best interest of the child requires that he/she be
placed in a youth care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the
child: Provided, finally, That if the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper
petition for involuntary commitment shall be immediately filed by the DSWD or the LSWDO pursuant to Presidential Decree No. 603, as amended."
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NOTA BENE: A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell.
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* Immediately but not later than 8 hours after apprehension, turn over custody of the child to the Social Welfare and Development Office or other accredited NGOs,
and notify the child's apprehension.
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DUTIES DURING INITIAL INVESTIGATION

The taking of the statement of the child shall be conducted in the presence of the following: (1) child’s counsel of choice or in the absence thereof, a
lawyer from the Public Attorney’s Office; (2) the child’s parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare and development
officer. In the absence of the child’s parents, guardian, or nearest relative, and the local social welfare and development officer, the investigation shall be conducted in
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the presence of a representative of an NGO, religious group, or member of the BCPC.

The social worker shall conduct an initial assessment to determine the appropriate interventions and whether the child acted with discernment, using the
discernment assessment tools developed by the DSWD. The initial assessment shall be without prejudice to the preparation of a more comprehensive case study
report. The local social worker shall do either of the following:

a. Proceed in accordance with Section 20 (Children Below the Age of Criminal Responsibility) if the child is fifteen (15) years or below or above fifteen (15) but
below eighteen (18) years old, who acted without discernment; and
b. If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment, proceed to diversion under the following paragraph.

System of Diversion
a. Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, the law enforcement officer or Punong Barangay with the
assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation, family conferencing and conciliation and,
where appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of
restorative justice and the formulation of a diversion program. The child and his/her family shall be present in these activities.
b. In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the local social welfare and development officer shall meet with
the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC;
c. Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court.

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Contract of Diversion - if during the conferencing, mediation or conciliation, the child voluntarily admits the commission of the act, a diversion program shall be
developed when appropriate and desirable as determined under Section 30. Such admission shall not be used against the child in any subsequent judicial,
quasi-judicial or administrative proceedings. The diversion program shall be effective and binding if accepted by the parties concerned. The acceptance shall be in
writing and signed by the parties concerned and the appropriate authorities. The local social welfare and development officer shall supervise the implementation of
the diversion program. The diversion proceedings shall be completed within forty-five (45) days. The period of prescription of the offense shall be suspended until the
completion of the diversion proceedings but not to exceed forty-five (45) days.
• The child shall present himself/herself to the competent authorities that imposed the diversion program at least once a month for reporting and evaluation of the
effectiveness of the program.
• Failure to comply with the terms and conditions of the contract of diversion, as certified by the local social welfare and development officer, shall give the
offended party the option to institute the appropriate legal action.
• The period of prescription of the offense shall be suspended during the effectivity of the diversion program, but not exceeding a period of two (2) years.

PROSECUTION
There shall be a specially trained prosecutor to conduct inquest, preliminary investigation and prosecution of cases involving a child in conflict with the law.
If there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or detention, it shall be the duty of the prosecutor to investigate the
same.
The prosecutor shall conduct a preliminary investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion;
(b) when the child, his/her parents or guardian does not agree to diversion (c) when considering the assessment and recommendation of the social worker, the

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prosecutor determines that diversion is not appropriate for the child in conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney’s Office of such service, as well as the personal

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information, and place of detention of the child in conflict with the law. Upon determination of probable cause by the prosecutor, the information against the child shall
be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation. The information must allege that the child acted with
discernment.

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Court Proceedings
Bail. – for purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered.

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Release on Recognizance. - where a child is detained, the court shall order:
a. the release of the minor on recognizance to his/her parents and other suitable person;
b. the release of the child in conflict with the law on bail; or
c. the transfer of the minor to a youth detention home/youth rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.

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Detention of the Child Pending Trial. - children detained pending trial may be released on bail or recognizance as provided for under Sections 34 and 35 under this
Act. In all other cases and whenever possible, detention pending trial may be replaced by alternative measures, such as close supervision, intensive care or
placement with a family or in an educational setting or home. Institutionalization or detention of the child pending trial shall be used only as a measure of last resort
and for the shortest possible period of time.
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Whenever detention is necessary, a child will always be detained in youth detention homes established by local governments, pursuant to Section 8 of the
Family Courts Act, in the city or municipality where the child resides.
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In the absence of a youth detention home, the child in conflict with the law may be committed to the care of the DSWD or a local rehabilitation center
recognized by the government in the province, city or municipality within the jurisdiction of the court. The center or agency concerned shall be responsible for the
child's appearance in court whenever required.
Diversion Measures. - where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment
of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court
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shall determine whether or not diversion is appropriate.

Automatic Suspension of Sentence. - once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the
offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the
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judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That
suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures as
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provided in the Supreme Court Rule on Juveniles in Conflict with the Law.
Discharge of the Child in Conflict with the Law - upon the recommendation of the social worker who has custody of the child, the court shall dismiss the case
against the child whose sentence has been suspended and against whom disposition measures have been issued, and shall order the final discharge of the child if it
finds that the objective of the disposition measures have been fulfilled.
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The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense, which shall be enforced in
accordance with law.

Return of the Child in Conflict with the Law to Court - if the court finds that the objective of the disposition measures imposed upon the child in conflict with the
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law have not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program, the
child in conflict with the law shall be brought before the court for execution of judgment.
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If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to
discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child
reaches the maximum age of twenty-one (21) years.
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Credit in Service of Sentence - the child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment
and detention under this Act.
Probation as an Alternative to Imprisonment. - the court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at
any time, place the child on probation in lieu of service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of Presidential
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Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby amended accordingly

Hours of Work of a Working Child (RA 9231)

1. A child below 15 years of age may be allowed to work for not more than 20 hours a week: Provided, That the work shall not be more than 4 hours at any given
day;
2. A child 15 years of age but below 18 shall not be allowed to work for more than 8 hours a day, and in no case beyond 40 hours a week;
3. No child below 15 years of age shall be allowed to work between eight o'clock in the evening and six o'clock in the morning of the following day and no child 15
years of age but below 18 shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day.

Terms to Remember
● Deinstitutionalization – community-based setting
● Institutionalization – child is incarcerated in a secure facility and denied freedom. (most severe)
● Attention Deficit Hyperactive Disorder - psychological disorder manifested by a child with inappropriate impulsivity, lack of attention and hyperactivity.
● Breed v. Jones (1975) – case allowing 2nd prosecution in adult court for conviction in juvenile court, based on idea that first conviction was a "civil" matter
● Bullied – student who experiences the acts of bullying or retaliation.
● Bully – student who commits acts of bullying.
● Chronic Offender – coined by Wolfgang to denote a delinquent offender who is arrested more than four times before the age of majority and stands a good
chance of becoming an adult criminal.

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● Economic Abuse – acts that make or attempt to make a woman financially dependent.
● Emancipation - independence of a minor from his or her parents before reaching age of majority.
● Exploitation – employment, hiring persuasion or inducement of coercion of a child to perform in indecent shows, obscene exhibition and publications or
pornographic materials for selling and distribution.
● Parents Patria – doctrine in which the state acts as the father of the citizens.
● Guardian Ad litem – a person appointed by the court where the case is pending for a child sought to be committed to protect his best interests.
● In Loco Parentis – teachers, administrators, and babysitters who are viewed as having some temporary parental rights & obligations.

Classification of Child Abuser

1. Intermitent Child – periodically batter a child with periods of proper care between battering.
2. One-time Child – manhandle their children for a time and never repeat the act.
3. Constant Child – hates his or her child and callously and deliberately beats and miscares for it. (often have personality problems)
4. Ignorant – most tragic because the parents "mean" well, but their attempts at rearing their children result in a permanent injury or death of their children, and
they are "truly sorry" when the child dies

Generic Types of Child Abuser

1. Accidental – exercise poor judgment in their parenting decision. Poor judgment result in child abuse.
2. Parentally Incompetent – characterized by the practice of disciplining their children in the same way they were disciplined. (Most common)

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3. Self – Identified – they know that they are abusive. If the authorities knew their rearing practices, they will be censured.
4. Situational – only abused children if they are confronted with particular situation.

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CRIMINOLOGICAL RESEARCH AND STATISTICS

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What is research? Probably, your first question in this course might be: What is research? Before answering this question, let me first illustrate what is not
research.

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Research is NOT
● when you are told by your instructor to do “research” in the library about types of crime, for example; ∙ when you tell your parents that you need money
because you are going to an internet café to do “research” about types of crime; or
● when you ask permission from your parents to go to your classmate’s house and go home late because you are “researching” types of crime.
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The term “research” that you usually use in these situations connotes another term. Instead of using “research,” the best word you can use is “literature review.”
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A literature review is an act of browsing the literature (e.g. books, research journals, and articles in the internet) for a specific topic, say types of crimes, and
collating what these sources say about types of crimes through writing an essay

Practical problems
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● This is probably your most known problem. Most of the time we encounter practical problems in the family (e.g. conflict and finances), in work
(backlog of job assignments), or in any area of your life. In criminology, we see crime as our primary problem. Booth et al. (2003:59) thus say: “A
practical problem is caused by some condition in the world, from e-mail spam to terrorism, that makes us unhappy because its costs us time, money,
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respect, security, pain, even our lives.” Clearly crime is a practical problem. It makes us unhappy because it endangers our lives and it costs us 2
lots of resources. However, no one study could solve a practical problem. Instead, researchers solve practical problems by first solving research
problems.
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Research problems
● These problems are quite conceptual and sometimes hard to grasp because all of us are used to encountering practical problems, and few ever
heard of research problems. According to Booth et al. (2003:59), “A research problem is motivated not by palpable unhappiness, but by incomplete
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knowledge or flawed understanding.” In other words, research problem pertains to what we do not know about a practical problem. These things that
we do not know answers questions of what, when, where, how and why.
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These are the major steps in scientific method that researchers use to solve research problems discussed above (Dantzker and Hunter, 2006; Maxfield &
Babbie, 2005):
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Identifying the problem

● Here the researcher identifies the problem and formulates the arguments and speculations to answer the problem. For example, if the topic is about
bomb threats, after reading the literature and finding that previous research focused primarily on characteristics of offenders, he may reason out that
in order to advance knowledge about bomb threats there is a need to explore the spatial and temporal dimensions of these events.
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Research design
● The researcher then plans how to support this argument and to collect the data. She/he 3 can choose among several research methods (i.e. survey,
experiment, or secondary data analysis). Next, he/she will decide who to study, when, what, and where. In this case, since doing a national survey is
not feasible considering logistical and financial requirements, and experiment appears inappropriate, the researcher can use a secondary data
analysis of reports about bomb threats

Data collection
● The researcher now collects data he/she can analyze to support his arguments. If reports of bomb threats are routinely collected by a law
enforcement agency, he can ask for such data from such agency. If not, he/she can look for an alternative data source, like the news reports
because bomb threats are high intensity events like terrorist acts which gain much attention from journalists and, thus, reported in the media. He can
locate online reports, instead of newspaper reports, about bomb threats to expedite the data collection.

Data analysis

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 ● When the data are ready for analysis, the researcher then uses statistical software to summarize the data, especially to determine whether bomb
threats are non-random and tend to concentrate in space and time. If such concentration of bomb threats occurred, he can then create graphs,
tables, and other statistical outputs of his/her analysis.

Reporting of results
● The researcher then writes a research article (by the way this is just an essay) arguing that bomb threats are non-random in space and time. To
support his argument, he/she will embed the graphs, tables, and other statistics in the research article, and try to interpret and build conclusions
about the results. He may relate the findings to the literature on bomb threats and suggest some recommendations to authorities directly involved in
controlling such events

Classifications/Categories of Research

According to purpose

● Travers (1978) identifies three broadly different kinds of research according to purpose, namely:

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Predictive or Prognostic Research- has the purpose of determining the future operation of the variables under investigation with the aim of controlling or

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redirecting such for the better. It proposes to give the result from one specific educational practice and seeks to establish a close statistical connection between
characteristics of the student and prediction of eduacational outcome.

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Directive Research- determines what should be done based on the findings to remedy an unsatisfactory condition, if there is any.

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Illuminative Research- is concerned with the interaction of the components of the variable being investigated by showing the connections.

According to Goal

Basic or Pure Research- is done for the development of theories and principles. It is conducted for the intellectual pleasure or learning much of this kind of research

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has been done in psychology and sociology. The findings from basic research often have little or no applicable use in the field of criminal justice. However, such
research may be used as the foundation for subsequent applied research and criminal justice policy. For example, exploring what process was being used by the
largest 17 municipal agencies for psychological pre employment screening of police officer candidates.
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Applied Research- is the application of the results of pure research. This is testing the efficacy of theories and principles. It is concerned with the acquisition of new
information for the purpose of helping develop the scholarly discipline or field of study in which the research is being conducted.
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Multipurpose Research- is the scientific inquiry into the issue or problem that could be both basic and applied research. This type of research generally begins as
basic, but the results are found to have an applied purpose. For example, level of job satisfaction. From basic perspective, the data may simply describe how officers
perceive satisfaction with different aspects of their jobs, becoming descriptive in nature. However, the same findings could be used to evaluate the police agency by
examining those areas where satisfaction is the lowest and leading to efforts to determine how to improve these areas (Dantzker et. al., 2018).
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According to the level of iinvestigation- Vockell (1993) categorizes research according to the levels of investigation into:

Exploratory Research – the researcher studies the variables pertinent to a specific situation. It is designed to describe an existing problem situation and examine
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the underlying factors that contribute to the emergence of the problem, the nature of which is not yet well known. This type of research is loosely structured but
valuable methodological strategy.
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Descriptive Research- the researcher studies the relationships of the variables. It finds answer to the questions who, what, when, where, and how. What may be
described are characteristics of individuals or groups. Descriptive research aims to describe precisely the dimensions of a phenomenon. This type of research
answers questions like: What is the average number of police officers in the police stations in Manila City? What is the average caseload of police investigators in
Manila City? What are the hot spots of carnapping in Dagupan City? How does a typical crime scene investigation take place?
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Experimental research- it studies the effects of the variables in each other. It involves the administration of research stimuli to participants in a controlled
environment.
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Explanatory Research- Instead of answering questions such as ‘what is/are’ or ‘how’, explanatory research answers ‘why’ questions. This type of research,
however, may first describe a phenomenon, say crime, and proceeds to explain why such phenomenon occurs. Research in criminology and criminal justice
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abounds with explanatory research. For example, after findings that some barangays are hot spots of violent crimes, the researcher may attempt to explain why such
hot-spotting occurs. He/she may use variables such as poverty incidence or population mobility
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According to type of Analysis- Wiersma (1995) classifies this into:

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Analytical research- the researcher attempts to identify and isolate the components of the research situation. b. Holistic research- begins with the total situation.
Focusing attention on the system first and then on its internal relationships.

According to Scope
● Action Research- this type of research is done in a very limited scope to solve a particular problem. It is an on the job type of problem solving.

According to choice of answers to problems

● Evaluation research- all possible courses of action are specified and identified and the researcher tries to find the most advantageous. Almost every
year there is a new program in the agencies that constitute the criminal justice system.

Developmental Research- the focus is on finding or developing a more suitable instrument of process than has been available.

According to Statistical Content

Quantitative research- is one in which inferential statistics are utilized to determine the results of the study. In this study, concepts are assigned numerical
value

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 Qualitative research- the use of quantity or statistics is practically not utilized. Descriptive data are gathered rather than quantitative data. In this study
concepts are viewed as sensitizing ideas or terms that enhance our understanding.

According to time element

Historical research- describes what was.

Descriptive research- describes what is
Experimental research- describes what will be.

What is research design?

● Research design is the “blueprint” of your study (Dantzker & Hunter, 2006). When you design a study you specify “exactly who or what is to be
studied, when, how, and for what purpose” (Babbie, 2001:90). Designing research requires the researcher to be very specific in identifying the
general purpose of the study – whether the researcher wants to explore a little known phenomenon, describe a phenomenon, or explain why such
phenomenon occurs (purpose of the study).

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Ecological fallacy occurs when a researcher uses his findings on the characteristics of groups to explain characteristics of individuals. For example, when you

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compare cities in terms of homicide rates and poverty incidence and you find poorer cities having higher homicide rates, it is an ecological fallacy to conclude
that poor individuals are violent compared with rich individuals.

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Individualistic fallacy. This fallacy occurs when one generalizes his/her observation about an individual to groups or organizations. For example, when one

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hears from the news that a certain police officer has been found positive of using dangerous drug, it is a fallacy to generalize and say: I am afraid to report to
the police station drug crimes in my neighborhood because the police are even involved in drug use.

Reductionism occurs when researchers try to disregard other units of analysis and concepts from other fields. This is sometimes the case of crime causation
because the field criminology is multidisciplinary; it involves researchers from criminology, criminal justice, sociology mathematics, biology, economics,

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chemistry, and political science, to name a few

Quantitative methods
● As you can remember, this research approach is oriented towards the use of numerical data. There is an array of quantitative research methods
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used in criminology and criminal justice, but we will only discuss the most common ones – survey, secondary data analysis, and experiment.
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Qualitative research methods

● Some criminology and criminal justice researchers also use qualitative methods in studying crime and justice related problems. Qualitative
researchers often argue that quantitative techniques are superficial; thus, they turn to analyzing participants’ words and actions. Among the most
common qualitative research methods are narrative research, phenomenology, grounded theory, ethnography, and case study (Creswell, 2006).
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Narrative research
● Narrative research is often used in doing research in crime and justice issues, especially when trying to collect stories from criminal justice actors.
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Narrative research is a qualitative method that explores the life of an individual/s through interviews and collection of documents (Creswell, 2006).
This type of research tells the story of one or more individuals’ life. In criminological research, criminal justice actors (e.g. criminals) are often given a
chance to tell their stories using their own perspectives.
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What is my problem statement?

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● From your topic, you can then formulate your research problem. This step is the most important step in the research process because a problem
that is clearly stated is already half-solved. Your research problem will then dictate your research design – who or what to study, when, where, and
how (Kothari, 2004). Without a research problem, you will certainly have no direction and you may tend to collect all sorts of data without purpose
(Booth, Colomb & Williams, 2003).
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Exploratory/Descriptive research
● Suppose your area of interest is in criminal etiology, your frame of reference is environmental criminology, and your topic is patterns of crime and
you choose motor vehicle theft as your crime of choice, then your research problem would pertain to the things we do not know about motor vehicle
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theft, say, in Negros Oriental. These things that you do not know (research problems) are sometimes stated as questions (Fraenkel & Wallen, 2006).
When we say, “Things we do not know,” we mean information which have not been researched and published in a research journal. Here are the
steps is defining your research problem.
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PROFESSIONAL CONDUCT AND ETHICAL STANDARD

● Ethics is a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct.
● The term ethics derives from Ancient Greek ἠθικός (ethikos), from ἦθος (ethos), meaning 'habit, custom'.
● Conscience – ability to recognize right from wrong and to follow one’s own sense of what if right.

Human Act is acts which proceeds from the deliberate free will of man. (Knowingly, Freely, Deliberately)
Classification of Human Act
• In relation to the will – (Elicited Act and Commanded Act)
• In relation to the reason
Morality - quality which makes an act good or evil
Bases of Morality
• Social Norms
✔ Custom - a traditional and widely accepted way of behaving or doing something that is specific to a particular society, place or time
✔ Tradition - handling down from generation to generation of opinion and practices
✔ Culture - is the social behavior and norms found in human societies.
• Law of Society - written rules of behavior

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• Virtue - doing what is right or good.
• Values - anything that a person considered as important

Four Moral/Cardinals Virtues

• Prudence – ability to make decisions by means of reason and sound judgment
• Fortitude – firmness of mind, the courage to endure without yielding.
o Patience – ability to calm in enduring situation
o Perseverance – ability to go on despite of obstacles
o Endurance – ability to last
• Temperance – ability to moderate one’s instinct and emotions
• Justice – give to each other what is due to him. Inclines he will to respect the rights of other.

Three Division of Justice

• Commutative Justice - regulates those actions that involve the rights that exist between individuals.
• Distributive Justice - regulate those actions that involve the rights that an individual may claim from society.
• Legal Justice - laws are created to protect the citizens

PNP Stand on Basic Issues

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• PNP Image – the image of any organization affects the esprit d’ corps, morale and welfare of the members , and sense of pride to the organization .
• Career Management, the Key to Professionalism - proper implementation of the PNP’s Career Management will greatly enhance the personnel

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professionalization process with regards to procurement, training, promotion, assignment, placement, awards and retirement.
• Police Management Leadership - effectiveness of law enforcement is reflective of the managerial capabilities and competent leadership of the men and
women who run the PNP organization.

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• Equality In the Service – there shall be judicious and equitable distribution of opportunity to prove one’s worth in the police service.
• Delicadeza – in consonance with the requirements of honor and integrity in the PNP, all members must have the moral courage to sacrifice self-interest in

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keeping with the time-honored principle of delicadeza.
• Police Lifestyle – PNP shall promote and maintain a lifestyle for its members which the public will find credible and respectable.
• Political Patronage – PNP members shall inhibit themselves from soliciting political patronage on matters pertaining to assignment, award,, training and
promotion.
• Setting Example – all PNP members shall set good example to their subordinates and follow good example from the superiors.

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Police Professional Conduct
• Commitment to Democracy – commit themselves to the democratic way of life and values and maintain the principle of public accountability.
• Commitment to Public Interest – always uphold public interest over and above personal interest.
•
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Non-Partisanship – provide services to everyone without discrimination regardless of party affiliation in accordance with existing laws and regulations.
• Physical Fitness and Health – strive to be physically and mentally fit and in good health at all times.
• Secrecy Discipline – guard the confidentiality of classified information against unauthorized disclosure.
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• Social Awareness – PNP members and their immediate family members shall be encouraged to actively get involved in religious, social and civic activities to
enhance the image of the organization without affecting their official duties.
• Non- Solicitation of Patronage – not directly or indirectly solicit influence or recommendation from politicians, high ranking government officials prominent
citizens, persons affiliated with civic or religious organizations with regards to their assignments, promotions, transfer or those of other members of the force.
• Proper Care and Use of Public Property – PNP members shall promote and maintain sense of responsibility in the protection, proper care and judicious
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disposition and use of public property.

• Respect for Human Rights – in the performance of duty, PNP members shall respect and protect human dignity and uphold the human rights of all persons.
• Devotion to Duty – perform their duties with dedication thoroughness, efficiency enthusiasm, determination, and manifest concern for public welfare.
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• Conservation of Natural Resources – shall help in the development and conservation of our natural resources for ecological balance and posterity as these
are the inalienable heritage of our people.
• Discipline – conduct themselves properly at all times in keeping with the rules and regulations of the organization.
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• Loyalty – loyal to the Constitution and the police service as manifested by their loyalty to their superiors peers and subordinates as well.
• Obedience to Superiors – obey lawful orders of and be courteous to superior officers and other appropriate authorities within the chain of command.
• Command Responsibility- immediate Commanders/ Directors shall be responsible for the effective supervision, control and direction of their personnel
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E.O. 226 “Institutionalization of the doctrine of "command responsibility" in all government offices.

The Ethical Standards

• Morality – PNP members shall adhere to high standards of morality and decency and shall set good examples for others to follow.
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• Judicious Use of Authority – shall exercise proper and legitimate use of authority in the performance of duty.
• Integrity – not allow themselves to be victims of corruption and dishonest practices in accordance with the provisions of RA 6713 and other applicable laws.
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• Justice – strive constantly to respect the rights of others so that they can fulfill their duties and exercise their rights as human beings, parents, children, citizens,
workers, leaders, or in other capacities and to see to it that others do likewise.
• Humility – they are public servants and not the masters of the people and towards this end, they should perform their duties without attracting attention or
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expecting the applause of others.

• Orderliness – follow logical procedures in accomplishing tasks assigned to them to minimize waste in the use of time, money and effort.
• Perseverance – shall take legitimate means to achieve the goal even in the face of internal or external difficulties, and despite anything which might weaken
their resolve in the course of time.
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Police Customs on Courtesy

• Salute – usual greetings rendered by uniformed members upon meeting.
• Salute to National Color and Standard
• Address/Title – Junior in rank address senior members who are entitled to salute with the word “Sir” or “Ma’am”.
• Courtesy Call of Newly Assigned/Appointed Member
• Christmas Call
• New Year’s Call
• Promotion Call
• Exit Call
• Courtesy of the Post
• Rank Has –Its –Own Privilege (RHIP)
• Police Customs on Ceremonies
• Flag Raising Ceremony
• Flag Lowering Ceremony
• Half-Mast
• Funeral Service and Honors
• Ceremony Tendered to Retirees

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• Honor Ceremony
• Turnover Ceremony
• Wedding Ceremony
• Anniversary
• Proper Attire
• Table Manners
• Social Graces
• Uniform/Appearance
• Manner of Walking – every PNP Member is expected to walk with pride and dignity.

Other Police Custom

• Visiting the Sick
• Survivor Assistance of Heir of Deceased Members
• Visiting the Religious Leaders.
• Happy Hours – usually on Friday or any other day suitable for the occasion, PNP members gather together at their PNP club for a light hearted jesting or airing
of minor gripes.

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Police Tradition
• Spiritual Beliefs – PNP members are traditionally religious and God-loving person.

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• Valor – they sacrificed their limbs and lives for the sake of their countrymen whom they have pledged to serve.
• Patriotism - PNP members are traditionally patriotic by nature. They manifest their love of country with a pledge of allegiance to the flag and a vow to defend
the constitution.

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• Gentlemanliness – upright in character, gentle in manners, dignified in appearance, and sincere in their concern to fellowmen.
• Word of Honor – they stand by and commit to uphold it.

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• Camaraderie – binding spirit that enhances teamwork and cooperation in the police organization, extending to the people they serve.
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NOTA BENE: The PNP COPCES shall be subject to interview initially 3 years hence and every 5 years thereafter, or sooner if the need arises, for possible revision
and/or modification of its implementation strategy.

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Major Categories of Corruption engage in by Police
*Negotiable Graft – mutual bargaining behavior engage in between officer and criminals.
*Extortion – solicitation of money and favors by officers in return for ignoring violations of the law.
*Acceptance of petty bribes – situation is that of the motorist who stopped for traffic violation, the motorist offers a officer a small bribe.
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*Moonlighting – engaging in any business with or without compensation, which or incompatible with the PNP duties and/or functions.
*Oppression – imports an act of cruelty, severity, unlawful execution, or excessive use of authority.
*Slippery slope – an honest police officer turns bad due to repeatedly accepting free meals, free fare, and similar insignificant acts of small indiscretion which leads
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to serious misbehavior and finally corruption.

Types of Duties
1. Perfect Duties – are negative in that they require that we never perform certain types of actions and can only be fulfilled in specific ways.
2. Imperfect Duties – are positive in that they require that we sometimes perform certain types of action. (Apply more to the Hyphothetical Imperative)
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Classification of Corrupt Police Officers

Meat eaters – (carnivorous cops) aggressively seek personal gain through position or power.
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Grass eaters – (vegetarian cops) passively accept gifts and bribes as they come along.
Straight shooters – are those honest policemen who are ready to cover and conceal corrupt practices of the police department.
Rouges – (hoodlums in uniforms” or “Scalawags”) posses all the deviant behavior of a corrupt cop.
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White Knights/Eagles – policemen with integrity and honest and straightforward. (Mostly idealistic)
Blue wall of silence – unwritten rule that purportedly exists among police officers not to report on a colleague's errors, misconducts, or crimes, including police
brutality.
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PNP Seal Symbolism

• Lapu-Lapu hero – Great Filipino hero of Mactan
• Laurel – 16 leaves which symbolizes the 16 regional commands
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• Shield – Philippine Constabualry, the first National Police, Act. No. 175, July 18, 1901
• 3 Stars – LUZVIMIN and the 1700 islands
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• Service, Honor, Justice – Insurance of efficiency, integrity, cohesiveness, camaraderie and equanimity to enhance community acceptance and support to
attain its mission of peace keeping and law enforcement
• Sun – flowering, maturing and ultimate realization of the glorious evolution of the PC/INP into a National Police Organization.
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• Badge – citizens’ faith and trust

• Uniform – mirror of decorum and integrity
• Human Person – oblation of enduring love for homeland, fellowmen and GOD.
• Philippine Monkey Eating Eagle – protection of all citizens
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• Eight Sun Rays – 8 provinces revolt against Spain

• Service – vibrant and cogent deeds and actions in response to the needs and wants of the people in distress
• Honor – overriding criterion and consideration in the performance of their entrusted task or mission
• Justice – dispensed to everyone whatever is due to him without favoritism or discrimination of any sort
• Laurel Leaves – competency, brilliance and honor
• PNP – identity of Solidarity

Police Community Relation – sum total of the dealings between the police and the people it serves, and whose goodwill and cooperation it craves, for the greatest
possible efficiency in the service
• Community – civilian populace or the public in general, and shall be used interchangeably with the terms, public, citizenry, society and private sector . From
Latin words, communis, which means common, and tatis which means fellowship
• Public Relation – bringing about better understanding, confidence and acceptance for an individual or an organization
• Police Public Relation – continuing process by which endeavors are made to obtain the goodwill and cooperation of the public for effective enforcement of the
law and accomplishment of the police purposes
• Human Relation – consist of the fundamental rules both moral and legal, which govern the relationship of men in all aspects of life
• Media/Mass Media – channels through which information is disseminated to the public may be in the form of television, movies, radio or newspaper, and the
like
• Propaganda – planned use of mass communication for public purpose

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• Police Public Image – refers to how the people in the community perceive or regard the police
• Public Information Program – designed to bridge any communication gap between police and the public.
• Civic Action Program – makes a policemen a friend and a partner of the people for progress as well as their defender
• MASSCOM Program – designed to influence the opinion, emotions, attitudes and behavior of the public so that they will behave in a manner beneficial to the
public service.
• Integrated Police Advisory Council – involves local official and the citizenry in the preservation of peace and order and the promotion of public safety.

Principles of Police-Community Relations

✔ Community support must be maintained.
✔ Community resentment must be avoided.
✔ Community goodwill must be developed.
✔ Community must be kept informed

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Prepared By:
Armando Viola Jr, RCRIM, MSCJ, CSP, CIC, PIC, CSMS, CCS, CCD,JURIS DOCTOR (ON-GOING)
Criminology Program lead/Review Director

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