TABLE OF CONTENTS

CHAPTER 1 Page

What Is Criminology? 5
Nature of Criminology 5
Brief History of Criminology 6
Classical Criminology 6
Utilitarianism 8
The Neoclassical Criminology 9
The Positivist Criminology 10
The Theory of Cesare Lombroso 10
Enrico Ferri 13
Rafaelle Garofalo 13
Gabriel Tarde 14
Adolfee Quetelet 15

CHAPTER 2

Sociological Concept and Crime Causation 17

Social Norms 17
Socialization 19
Culture, Subculture, and Counterculture 20
Sociological Theories 20
Emile Durkheim 21
Strain Theory 22
Cultural Deviance Theory 23
Social Control Theory 24
Social Bonds 24
Containment Theory 25

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CHAPTER 3

Differential Association Theory 27

Conflict Theory 28
Labelling Theory 29
Radical Theory 29
The Theory of Sociopathy 29
The Symptoms of Sociopathic Personality 30

CHAPTER 4

Heredity and Crime 33

The Role of Heredity 33
Biological Body Type Theories 33
Physiognomy 34
Phrenology or Craniology 34
Studies on Relation of Intelligence, IQ Scores, 34
Crime and Delinquency 34
Findings on Crime and Intelligence Relations 35
Physiology or Somatotype 36
Ernest Kretchmer 36
William Sheldon 36

CHAPTER 5

The Psychological Theories of Crime Causation 39

Sigmund Freud 39
Id, Ego and Superego 39
Emotional and Psychological Disorders 40
Mental Disorder Theories 40
Neuroses 41
Psychoses 42

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CHAPTER 6

Crime and Criminal Law 45

Brief Study of Our Criminal Law 46

Sources of Criminal Law 46
Two Theories in Criminal Law 49
Felonies 50
Types of Felonies 50
Stages in the Commission of the Crime 50

CHAPTER 7

The Nature and Extent of Crime 52

Classification of Crime 53
Classification of Criminals 54
Recidivism 55
Crime Typologies 56
Factors That Enhances The Commission of Crime 57

CHAPTER 8

Crime and Corrections 60

Retribution 60
Deterrence and Prisons 60
The Quaker’s Solitary System of Imprisonment 61
The Silent System of Imprisonment 61
Corrections Today 62
Types of Jails 62
Prisons 63
Community-Based Corrections 64
Pardon 64
Probation 65
Parole 66

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CHAPTER 9

The Philippine Criminal Justice System 68

The Five Pillars 68
Powers and Functions of the Police 69
The Prosecution 69
The Court 70
The Correction 71
Purposes of Correction 72
Community 73

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 CHAPTER 1

WHAT IS CRIMINOLOGY?

Criminology is the body of knowledge regarding crime as a social

phenomenon. It includes within its scope the process of making laws, of breaking
laws, and the society’s reaction to the breaking of laws.

NATURE OF CRIMINOLOGY

Generally, criminology is not yet a science since it has not been

universally practice yet, as in the case of different penal laws adopted by
respective countries, hence universal validity and acceptance, is totally non
existent. It also differ in its practice, from one time and place to another. Science
has to be exact, but the practice of criminology does not fall under such category.
However, upon the application of the different sciences in the practice of the
profession, criminology becomes a science, the process of which is known as
instrumentation. The different sciences in criminalistic, such as fingerprint,
ballistic, police photography, questioned document, polygraph and other related
sciences, when used, in the solution of a criminal case, makes criminology a
science.

Characteristically, criminology has the following nature;

1. It is an applied science — since different sciences are instrumentally used

in the field of criminology.

2. It is a social science — considering the fact that, crime is taken and

studied as a social phenomenon

3. It is dynamic - and progressive, and concomitant with limes in advance

technology.

4. It is nationalistic - because the adoption of the different penal Codes of

individual countries shows the side of nationalism, as a nature of
criminology.

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 Criminology in the latest century has fully developed and taken as an
academic discipline that makes use of scientific methods to study the nature,
extent, cause, and control of criminal behavior. The scientific study of crime and
criminality is considered also, as a relatively recent development.

Brief History of Criminology

A brief history of criminology reflects records that during the Middle Ages
(1200-1600), people who violated social norms or religious practices were
believed to be witches or possessed by demons or under the influence of evil
spirits. It was a common practice during those times, to use cruel torture to
extract confessions. Those convicted of violent crimes or theft crimes suffered
extremely harsh penalties, including whipping, branding, maiming, and
execution. An estimated 100,000 people were prosecuted throughout Europe for
witchcraft during the 16th and 17th century.

Classical Criminology

By the middle of the 18 th century, social philosophers studied and argued

and began to look for a more rational approach in imposing punishment. Social
reformers sought to eliminate cruel public executions which were designed to
frighten people into obedience. They stressed that the relationship between
crime and punishment should be balanced and fair.

One of the social reformers who worked for the implementation of said
reform, was Cesare Beccaria (1738-1794) who was one of the first theorist to
develop a systematic understanding of why people committed crime According
to him, the crime problem could he traced not to bad people but to bad laws,
that a modern criminal justice system should guarantee all people equal
treatment before the law. Beccaria believed that the behavior of people with
regard to their choice of action, people want to achieve pleasure and avoid pain,
and that crime happened when the potential reward from the illegal acts
outweigh the likely pains of punishment. According to him, to prevent crime
punishment must be sufficient-no more, no less- in order to counterbalance
criminal gain. His theory was that, in order for punishment to be effective it must
be, public, quick and prompt, necessary, proportionate and dictated by laws. The
writings of Beccaria and his followers form the core of what today is referred to
as, classical Criminology, with the following basic elements;

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 1. In every society, people have free will to choose criminal or law
solution to meet their needs or settle their problems.

2. Criminal solutions may be more attractive than lawful ones

because they usually require less work for greater payoff.

3. A person’s choice of criminal solutions may be controlled by his

fear of punishment.

4. The more severe, certain and swift the punishment, the better it is
to control criminal behavior.

With the publication of his book, “On Crimes and Punishment” it supplied
the blueprint which was based on the assumption that people freely choose
what they do and are responsible for the consequences of their behavior:

 Social action should be based on the utilitarian principle of the greatest

happiness for the greatest number.

 Crime is an injury to society; and the only rational measure of crime is the
extent of the injury.

 Crime prevention is more important than punishment. Laws must be

published so that the citizenry can understand and support them.

 The purpose of punishment is to prevent crime. Punishment must be

swift, certain, and severe. Penalties must he based on the social damage
caused by the crime. There should be no capital punishment. Life
imprisonment is a better deterrent. Capital punishment is irreparable and
makes no provision for mistakes.

 Punishment should be based on the pleasure/pain principle.

 Punishment should be based on the act, not on the actor. Crimes are only
to be measured by the injuries done to the society.

 It is better to prevent crimes than to punish the offender.

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Jeremy Bentham’s Utilitarinism

Jeremy Bentham devoted his life to developing a scientific approach to

the making and breaking of laws. Like Beccaria, he was concerned with achieving
“the greatest happiness of the greatest number.” His work was governed by
utilitarian principles. Utilitarianism assumes that all human actions are
calculated in accordance with their likelihood of bringing happiness (pleasure) or
unhappiness (pain). People weigh the probabilities of present and future
pleasures against those of present and future pain.

The Classical School of Criminology’s concept of human nature as

governed by the doctrine of “free will” and rational behavior, contains the
following principles;

1. All human beings, including criminals, will freely choose either criminal
ways or non-criminal ways, depending on which way they believe will
benefit them.

2. Criminals will avoid behaviors that will bring pain and will engage in
behaviors that will bring pleasure.

3. Before deciding which course of action to take, criminals will weigh the
expected benefits against the expected pains.

4. Criminals are responsible for their behaviors. They are seen as human
beings who are able to interpret, analyze, and understand the situations
in which they find themselves.

5. Criminals act over and against their environments. They are not victims of
their environment.

6. Criminals go through a thinking process whereby they take a variety of

factors into account before they make a final decision on whether or not
to commit a criminal act.

7. Criminals are totally responsible for their behaviors.

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 8. Environmental forces do not push, pull, or propel individuals to act. An
individual acts will fully and freely.

9. Offenders are not helpless, passive, or propelled by forces beyond their

control.

10. Each criminal act is a deliberate one, committed by a rational, choosing

person who is motivated primarily by the pleasure-pain principle

The Neoclassical Criminology

The insanity defense of a criminal act, is based on the classical concept

that man has “free will” to choose between good and bad behavior. So that, if a
person has no ability to choose (no free will) that person should not be punished
for his criminal act.

The neoclassical school is based on the concept of free will. If a person

violates a law, he has to be guided by reason, since people are responsible for
their behaviors, and punishment can control behaviors. The pain from one
punishment must exceed the pleasure that comes from committing a criminal
act. The neoclassical theory is primarily different from the classical theory
because it incorporated the practical modifications needed for the administration
of criminal law and justice. For example, the neoclassical criminology recognizes
differences in criminal circumstanced, such as, some people, like the juveniles
and persons with mental and physical defects or disorders, cannot reason out or
have limited abilities to reason. Therefore, they cannot possibly distinguish the
right from the wrong, the rational from irrational and the sane from the insane
behavior. They have very limited abilities to perform the “free will” concept of
the classical criminology. It should be noted that people choose to commit crime
when they are weak psychologically or biologically. In such instance, the criminal
justice system should look at the needs of the offender in determining (lie
appropriate punishment for the offense committed.

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 In the neoclassical school of thought, the shortest explanations comes in
terms of an individual’s criminal behavior can only be caused or attributed to the
fact, as attested by concerned authorities, that the particular delinquent act was
caused by the absence of the perpetrator’s free will due to some pathological
reasons such physical and mental disabilities.

The Positivist Criminology

August Comte (1798-1857) is considered the founder of positivist school

and sociology. He applied scientific methods in the study of society, from where
he adopted the word sociology. He wants a society in which all social problems
will be solved by scientific methods and research. He believe that large groups of
people such as a society, to be a subject of scientific study can lead to the
discovery of specific laws that would greatly help them.

The positivist school of criminology is generally associated with Cesare

Lombroso, Enrico Ferri, Gabriel Tarde, and Rafaelle Garofalo. The religious
leaders during the time of positivism, referred to Lombroso, Fern and Garofalo as
the “unholy three” because of their belief in evolution as contrasted to Biblical
interpretation of the origin of man and woman. The three have also been called
the “holy three of criminology” because their emergence “symbolized” clearly
that era of faith was over and the scientific age had begun.

The Theory of Cesare Lombroso

Cesare Lombroso is known as the father of modern criminology, although

most of his ideas have been discredited today. It is interesting to examine the
sequence of events that caused Lombroso, rather than Beccaria or Bentham, to
be credited with this title.

It was Charles Darwin’s theory of man evolution where the theory of

organic evolution was considered, largely responsible for Lombroso’s popularity
and for his theory’s success and acceptance. He contended that just as human
beings developed from the nonhuman animal forms, the criminal was a
primitive, atavistic, throwback, or mutant who never fully developed. The
criminal was product of biology and not much could be done for this “born
criminal.” Lombroso’s popularity was a direct result of Darwin’s popularity and
ideas. Because of the adoption and incorporation of the two theories by

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Lombroso, it paved the way for him to be given the title of being the father of
modern criminology.

After completing his medical studies, Lombroso served as an army

physician became a professor of psychiatry at the University of Turin, and later in
his life accepted an appointment as professor of criminal anthropology. His
theory of the “born criminal” was repeatedly viewed and considered as lower
form of life, nearer to their apelike ancestors than the non-criminals in traits and
dispositions. They can be distinguished from non-criminals by various atavistic
stigmata, which refers to the physical features of creatures at an earlier stage
of development, before they became fully human beings.

According to Lombroso’s theory criminals are usually in possession of

huge jaws and strong canine teeth, a characteristic common to carnivores who
tear and eat raw meat. The arm span of criminals is often greater than their
height, just like that of apes, who USC their forearms to push themselves along
the ground. An individual born with any five of the stigmata is a born criminal.
Lombroso noted in his studies that the born criminal category accounts for about
a third of all offenders.

He also included in his studies the criminal’s distinct physical and mental
stigmata. They include deviation in head size and shape from the type common
to the race and religion from which the criminal came; asymmetry of the face;
excessive dimentions of the jaw and check bones; eye defects and peculiarities;
ears of unusual size, or occasionally very small, or standing out from the head as
those of the chimpanzee; nose twisted, upturned, or flattened in thieves, or
aquiline or beaklike in murderers., or with a tip rising like a peak from swollen
nostrils; fleshy lips, swollen, and protruding; pouches in the cheek like those of
animal’s toes; and imbalance of the hemispheres of the brain. Lombroso’s work
supported the idea that the criminal was a biologically and physically inferior
person.

To the born criminal Lombroso added two other categories; the insane
criminals and criminoloids. According to him, insane criminals are not criminals
from birth; they become criminals as a result of some change in their brains
which interferes with their ability to distinguish between right and wrong. The
criminoloids on the other hand, make up an ambiguous group that includes
habitual criminals, criminals by passion, and other diverse types.

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 Cesare Lombroso as a medical doctor, scientist, and clinician applied the
scientific method to the measurement of criminal’s skull. He tried to pursued
this study and focused on the hereditary components of criminal behavior,
although he also acknowledged the role of social factors. This is Lombroso’s
major contributions to positivist criminology;

1. The theory of atavism. Lombroso had the opinion that criminals were
developed from primitive or subhuman individuals characterized by some
inferior physical and mental characteristics, which can be identified. He
spent much of his life in finding answers to this biological defects trying to
identify their physical characteristics.

2. The application of the experimental or scientific method to the study of

the criminal. Lombroso spent endless hours measuring criminally inane
persons and epileptic’s skulls.

3. The development of a criminal topology. Although Lombroso’s system of

classification is considered crude and not adopted today, he still
attempted to categorize and classify these types. They are as follows;

a. epileptic criminal
b. insane criminal
c. born criminal
d. occasional criminal

He also identified the various types of occasional criminals as;

a. pseudocriminals
b. criminaloids
c. habitual criminals
d. passionate criminals
e. political criminals

Lombroso also studied female criminals, and viewed prostitution as an

example of an atavistic phenomenon.

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 4. The belief in the indeterminate sentence. Penalties should be
indeterminant so that those other than “born” criminals who were
incorrigible could be worked with and rehabilitated.

5. The application of statistical techniques to criminology. Although crude

and with the use of questionable control groups, Lombroso used
statistical techniques to make criminological predictions.

Enrico Ferri

The best known of Lombroso’s associates was Enrico Ferri. But, although
he agreed with Lombroso on the biological bases of criminal behavior, his
interest in socialism led him to recognize the importance of social, economic and
political factors in the study of criminal behavior. His greatest contribution was
his attack on the classical doctrine of free will, which argued that criminals
should be held morally responsible for their crimes because they must have
made a rational decision to commit those acts. On the contrary, Ferri believed
criminals could not be held morally responsible because they did not choose to
commit crimes but rather were driven to commit them by conditions in their
lives. He however, stressed that society needed protection against criminal acts
and that it, was the purpose of the criminal law and penal policy to provide that
protection.

Enrico Ferri claimed that strict obedience to preventive measures based

on scientific methods would eventually reduce crimes and allow people to live
together in society with less dependence on the penal system. He was also
responsible for a classification system of criminals, and they are the following;

1. Born criminals
2. Insane criminals
3. Passionate criminals
4. Occasional criminals
5. Habitual criminals

Rafael Garofalo

Just like Lombroso and Ferri, Garofalo rejected the doctrine of free will
and supported the position that the only way to understand crime was to study it

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by scientific methods. Influenced by Lombroso’s theory of atavistic stignmata, in
he found many shortcomings, he traced the roots of criminal behavior not to
physical features but to their psychological equivalents, which he called “moral
anomalies.” According to this theory, natural crimes are found in all human
societies, regardless of the views of lawmakers, and no society can disregard
that.

According to Garofalo, natural crimes are those that offend the basic
normal sentiments of probity which mean, respect for the property of others,
and piety, meaning, avoidance of causing infliction of sufferings to others. An
individual who has an organic deficiency in these moral sentiments has no moral
force against committing such crimes. Influenced by the theory of Darwin,
Garofalo suggested that the death penalty could rid the society of its maladapted
members, just as the natural selection process eliminated maladapted organism.
And for those who committed less serious offenses, who are capable of adapting
themselves to society in some measure, he preferred; transportation to remote
islands, loss of privileges, institutionalization in farm colonies, or perhaps simple
reparation. Clearly Garofalo, was much more concerned and interested in
protecting society than in the individual rights of offenders. Garofalo classified
criminals as;

1. Murderers
2. Violent criminals
3. Thieves
4. Lavicious criminals

Garofalo also relied on Darwin’s theory of the survival of the fittest. Lie
felt that if a criminal did not adapt to society, he should be eliminated or
incapacitated through imposition of capital punishment and life imprisonment.

Gabriel Tarde

While Lombroso ernphasized the biological and physical components of

criminality, Gabriel Tarde emphasized the sociopsychological factors. He was of
the opinion that society played an important role in creating the criminal,
however, individual choice and chance were also important to him. Tarde’s major
contribution in the study of the cause of crime, was his concept of the criminal as
a professional type. He was of the opinion that most criminals went through a

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process of training before finally becoming criminal and it was an accident of
birth or chance that put them in an atmosphere of crime.

Adolphe Quetelet

He was a Belgian, mathematician, along with Andre Michael Guerry,

began what is known as Carthographic School of Criminology. This study used
social statistical data and provides important demographic information on the
population, including density, gender, religious affiliation, and wealth. Quetelet
studied these gathered data to investigate the influence of social factors on the
propensity to commit crime. He also found a strong influence of age and sex in
crime and that season, climate, population composition and poverty are directly
related to crime.

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Name:_______________________________________ Date: _______________

CHAPTER 1

1. Give the four (4) characteristic of Criminology.

2. Who are the insane criminals according to Lombroso?

3. How did Garofalo rely on Darwin’s theory?

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 CHAPTER 2

Sociological Concepts and Crime Causation

The study of sociology provides many ideas and opinions that helps us in
understanding. Why a person becomes a criminal, a delinquent or results to
deviant behaviors. All of these are classified by sociologist as social behaviors
learned ma society. Generally, man is aggressive and dependent on other human
beings to fulfill their needs even before they were born. They rely on others to
satisfy physical, mental, financial, and social needs.

The terms “society” and “social groups” can be applied to no other

species except human. Because only human beings has the capacity to enter into
abstract social relationship. Humans are also the only species that possesses
sophisticated forms of language, awareness, and consciousness. It is these
characteristics that allow human beings to develop abstract social relationship.

Abstract relationship or group relationships are highly important for the

human’s personal development. In the absence of society or group, the human
being would just be considered a mechanical thing or robot who simply moved
through life without any meaning or significance at all.

Social Norms

The norm is one of a number of basic sociological idea frequently used to

explain human behavior and crime causation. Norm are behaviors that governs
our behavior in a given situation at a given time. Norms can be defined as socially
accepted and expected conduct in society. They also called rules of conduct or
blueprints of behavior, or specifications for appropriate and inappropriate
behavior. A more formal definition is it is a shared standard of behavior which in
turn requires certain expectations of behavior in a given situation.

Norms have great power to motivate behavior. They carry with them
positive and negative approval or support. Norms are important agents in social
control. When we behave according to norms, we get rewards, but when we
behave in ways that do not meet normal expectations, we may be punished. We
do not have to agree with norms to them, and we do not have to disagree with

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norms to be deviant. Most people do not obey norms just because of an order.
We usually live up to norms when nobody would be aware that we violated
them. Many people wish to obey norms most of the time. There would never be
enough police to enforce all laws if everyone were determined to break them.
Law and order is possible in society because people police themselves. Norms
can be prescriptive, proscriptive, formal, and informal. Proscriptive norms forbid
actions. They involve the “thou shalt not’s” or in simple terms, “do not.”

Our penal code is an example of formal proscriptive norms. Prescriptive

norms, on the other hand, tells us what we can do and should do.

Formal norms are imposed on us from above or outside and mostly

codified or written down. Examples of formal norms are organizational policies or
laws. Informal norms are created out of face-to-face interaction with others.
They came from the social interactions of people and mostly not written down.

From William Graham Sumner, three categories of norms was formulated.

They are norms that includes mores, customs, and folkways.

1. Mores are behaviors that arouse intense feelings and arc subject to
extreme consequences. They involve the basic moral judgments and
ethical rules of the society. They are the strongest norms and have
great power over us. An example is, the belief that we should not kill
other people.

2. Customs do not arouse the intensity of feelings that mores do, and
generally their violation will result in less severe reactions. Usually,
people react with disgust, refusal, and shock to the violation of a
custom. Example; a person who started to clean his nails while inside
the church or in a religious worship.

3. Folkways are norms that when violated carry with them the least
intense feelings. Folkways are not really important matters and are
generally not taken as a serious thing nor carry moral imperatives.
They are generally focused on taste, good manners, dress, politeness,
and speech. They do not involve feelings of disgust or shock.

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 Laws are formal proscriptive norms that when violated cause a formal
and punitive reaction that could result in a person’s arrest. Two major questions
that concern criminologists who study crime causation are what causes people to
break the norms that we call laws arid how law violations are handled.

Socialization

The idea of socialization refers to the learning process by which the

person learns and internalizes the ways of society so that he can function and
become an active part of society. Most people usually behave in law-abiding and
proper ways because they have incorporated the ways of society into their own
personalities. The process of becoming socialized is a result of interaction with
people and social groups. The socialization process begins at birth and continues
throughout life. A newborn is a blank slate, and what he becomes in terms of
skills, knowledge, attitudes, values, and behaviors I a result of the socialization
process.

There are a number of agencies of socialization. The primary agency of

socialization is the family. Our parents and parental surrogates provide for our
primary socialization. They teach u the basic aspects of life and are our primary
socializers until we enter school. There are other agencies of socialization that
become important after we enter school. School, church, peer groups, television,
radio, films, magazines, and newspapers are all examples of agencies that carry
out secondary socialization. Secondary socialization occurs through interaction
with friends, teachers, clergy and so on.

Resocialization I a concept that is related to socialization. It refers to an

extreme change or shift of a person’s life. Examples of resocialization are the shift
from civilian to military status, conversion to a religious or political group, and
the shift from a criminal lifestyle to a non-criminal. The major goal of the
socialization process can be summarized as follows:

1. To teach self—control
2. To teach values
3. To teach useful life skills
4. To teach role behavior

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 The socialization and resocialization process is of major interest to us who
studies crime causation. Many criminologists believe that the answer as to why a
person becomes a criminal is connected to the criminal’s socialization process.
Many types of deviancy and criminality are thought to be the result of
inadequate socialization experiences during childhood. Children who are close to
their parents are less likely to misbehave than children who are not close to their
parents. Delinquents also say that their childhood was unpleasant, that their
parents never understood them, and that their parents were too strict.

Culture, Subculture, and Counterculture

Culture refers to the system of values and meanings shared by a group

including the embodiment of those values and meanings in material objects.
Culture gives meaning to a society. Society is often distinguished from culture
and defined as the social structure of a group. Culture involves a way of life,
modes of thinking, acting, and feeling. Culture is a design for living that is
transmitted from one generation to another.

In any culture there are subcultures that have been described as “cultures
within cultures.” Subcultures are groups whose mores differ significantly from
those held by the wider society of which they are a part. Many subcultures are
found in modern, heterogeneous societies. For example, there are many ethnic
groups represented in the United States. Each ethnic group has an identity and
traditions different from the dominant American culture. Each ethnic group could
be called a subculture.

There are also countercultures. Countercultures are subcultures whose

mores run opposite to the mores of the rest of society. The values and norms of
countercultures are often opposed to the dominant culture and its subcultures.
Countercultures are often considered deviant by the dominant culture’s
standards. Many countercultures arc organized and resist the values of the
dominant culture.

Sociological Theories

Sociological theories seek the reasons for differences in crime rates in the
social environment. These theories can be grouped into three general

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categories; strain, cultural deviance, and social control. Strain and cultural
deviance theories focus on the social forces that cause people to engage in
criminal activity. Social control theories take a different approach: they are based
on the assumption that the motivation to commit crime is part of human nature.
Consequently, social control theories seek to discover why people do not commit
crime.

Strain and cultural deviance theories both assume that social class and
criminal behavior are related, but they differ as to the nature of the relationship.
Strain theories argue that all members of society subscribe to one set cultural
values—that of the middle class. Since lower—class persons do not have
legitimate means to reach their goals, they become frustrated and turn to
illegitimate means in desperation.

In cultural deviance theory, it is the opposite. The lower-class people have

a different set of values, which tends to be in conflict with the values of the
middle class, so that, when lower class persons conforms to their own value
system, they may be violating conventional norms.

In cultural deviance theory people tend to agree and conform with what
values bind them together as people. A characteristic feature of culture which is
considered as deviant, because it is a type of culture that invites and even
encourage people to violate the law.

Emile Durkheim

According to his vision of social positivism, crime is part of human nature

because it has existed during periods of both poverty and prosperity. When he
said that crime is normal in every society, he believed that it is virtually
impossible to imagine one in which criminal behavior is totally absent. He further
believed that the inevitability of crime is linked to the differences or
heterogeneity within society. And, because people are so different from one
another, and use variety of methods and forms of behavior to meet their
demands, it is but natural and expected that some will result to criminality, and
that as long as human differences exist, crime is natural to happen, which is one
of the fundamental conditions of society.

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 At the time when science was searching for the abnormality of crime in a
society, Emile Durkheim was writing about the normality of crime in society. He
said that, “crime is normal.” Because to him the explanation of human conduct
and human misconduct, lies not in the individual himself but in the group and
social organization. It is in this context that he introduced the term “anomie”
defined as breakdown of social order due to the loss of standards and values.
Durkheim believed that when simple society develops into a modem, urbanized
one, the closeness of its members declines. The groups become divided, and in
the absence of a common set of rules, the actions and expectations of people in
one sector may clash with those in another. As behavior becomes unpredictable,
the system gradually breaks down, and the society is in a state of anomie.

When sudden burst of prosperity comes in to individuals, people’s

expectations change. When old rules no longer determine how rewards should
be distributed among members of the society, there is no longer any control on
what people want. Once again the system breaks down. Thus, whether sudden
change causes great prosperity or great depression, the result is the same,
anomie.

Strain Theory

To Emile Durkheim, the problem of anomie is created not by sudden

social change but by a social structure that holds out the same goals to all people
without giving them equal means to get what they want. This lack of equal parts
between what culture dictates and the society permits, can cause norms to break
down because the behaviors can no longer guide one to righteousness. This
theory also states that crime is a function of the conflict between people’s goals
and the means they can use to legally attained them. The theory also argues that
although social and economic goals are common to people in all economic levels,
the ability to obtain these goals, is class-dependent. Most people desire wealth,
material possessions, power, prestige and other life’s comforts. Members of the
lower class are unable to get or achieve these symbols of success through the
legal and conventional means. Because of this, people feel anger; frustration,
and resentment, which is referred to as strain. So that, the lower-class Citizens
may accept their condition and live as socially responsible law-abiding citizens, or
they can choose an alternative means of achieving success through illegal means
by means of joining the underworld.

22
 Strain theory blames criminal behavior on structural conditions. How
society is organized will cause some people to break the law because they are
not provided with equal opportunities for success. In short, the structure of the
society, the jobs people have, the compensation they receive, and the
opportunities that are available to realize their dreams — might cause strain and
frustration to those who cannot achieve their goals.

Cultural Deviance Theory

This theory combines elements of both strain and social disorganization

theories. Because of strain and isolation, a unique lower class culture develops
in disorganized neighborhoods, and maintain different values and beliefs that are
in conflict with the conventional social norms. In this manner, criminal behavior
becomes an expression of conformity to lower—class values and tradition but
not rebellion from conventional society.

Social Disorganization Theory

This theory focuses on the urban conditions that affect crime rates. A look
at a disorganized area refers to one in which institutions of social control, such
as, the family, commercial establishments, and schools, have broken down and
can no longer perform their stated respective functions. Indicators of social
disorganization in a given area, includes; high unemployment and school
dropouts rates, deteriorated housing, low income levels, and large number of
single-parent households. Residents in this area, experience conflict and despair,
and as a result, anti-social behaviors flourishes. In such crime-ridden
neighborhood, residents try to leave at the earliest opportunity. They become
uninterested in community matters, so that the common sources of control; the
family, school, business community, social services agencies, becomes weak and
disorganized. Even personal relationships are strained because neighbors are
constantly moving. And, constant resident turnover weakens communications
and blocks attempts at solving neighborhood problems of establishing common
goals.

23
Social Control Theory

Social control theory focuses on techniques and strategies that regulate

human behavior that could lead to conformity, or obedience to society’s rules,
the influences of family and school, religious beliefs, moral values, friends, and
even beliefs about government. The more involved and committed a person is to
conventional activities and values, and the greater the attachment to parents,
loved ones, and friends are, the less likely a person is to violate society’s rules.

Social Bonds

Travis Hirschi social bond theory states that delinquency takes place when
a person’s bond to society are weakened or broken, thus reducing personal
stakes in conformity. Meaning, individuals maintain conformity for fear that
violations of any law will affect their relationships with family, friends, neighbors,
their jobs, school and others. In short, people conform with the law not for fear
of the punishments, but rather from concern with violating their groups’ mores
and the personal image of them to other people and the society as a whole.
These bonds to society consist of four components;

1. Attachment — takes three forms; attachment to parents, to school

(teachers), and to peers. Youths who formed significant attachment to the
people who composed the three, refrain from delinquency acts because
the consequences of such act would be likely to place the relationship in
trouble. The bond of affection between these people becomes a
deterrent to criminal activities, and the strength of the deterrent depends
on the depth and quality of the relationship.

2. Commitment — comes in terms of commitment to, or involvement to.

They are in forms of support or participation in social activities that tie an
individual to the society’s moral or ethical code. Example; conformity or
commitments to vocational aspiration, educational expectations or
educational aspirations. It is said that, the greater the aspiration and
expectation is, the more unlikely a person becomes a delinquent or
criminal.

24
 3. Involvement — or preoccupation or being busy with activities that
promote the interest of the society. A person who is busy doing
conventional things has little or no time for involvement in delinquent
activities.

4. Belief-consist of agreements to the society’s value system, that includes

respect for its laws and people, and institutions that enforce the laws.
This is so, because if young people no longer believe that the laws are fair,
their bond to society weakens and the probability that they will commit
delinquent acts increase.

Containment Theory

Containment theory by Walter Reckless assumes that every person has

the external structure and a protective internal structure, both of which provide
defense, protection or insulation against delinquency or criminal act. The
components of these defense and protection, comes among roles that provides
guidelines in a person’s activities; set of reasonable limits and responsibilities;
the chance to achieve status; to form cohesiveness in one’s group, to belong and
be identified with such group.

25
Name:_______________________________________ Date: _______________

CHAPTER 2

1. Why are Norms important agents in social control?

2. Differentiate the strain and cultural deviance theory?

3. What is the Containment theory?

26
 CHAPTER 3

Differential Association Theory

This theory maintain that people learn to commit crime as a result of

contact with anti-social behaviors, attitudes, and criminal behavior patterns. The
theory includes the view of how man respond to any given situation depending
on the culture he was reared. This theory serves as the learning process of
misguided behaviors where criminal act is principally through social interaction.

Differential association theory as explained by its proponent and author,

Edwin Sutherland is based on the following propositions;

1. Criminal behavior is learned through interaction with other person in a

process of communication. A person does not become a criminal simply
by living in a criminal environment. Crime is learned by participation with
other in verbal and nonverbal communication.

2. The principal part of learning of criminal behavior occurs within intimate

personal groups. Families and friends have the most influence on the
learning of deviant behaviors. Their roles in communication is far greater
than the mass media, such as movies, television, and newspapers.

3. When criminal behavior is learned, the learning process includes; (a)

techniques of committing the crime, which are sometimes very
complicated sometimes very simple. Young delinquents learn not only
how to steal, shoplift, pickpocket and rob but also how to rationalize and
depend their illegal acts. In other words, criminals too, learn skills and
gain experience.

4. The specific direction of motives and drives is learned from the definition
of the codes as favorable or unfavorable. In some societies a person
surrounded by people who invariably define legal codes as rules to be
observed, while in others he is surrounded by persons whose definitions
are favorable to the violation of the legal codes. Not everyone in our
society agrees that the laws should be observed. Some people define
them as unimportant.

27
 5. A person becomes delinquent because of an excess of definitions
favorable to violation of law over definitions unfavorable to violation of
law. This is the key principle of differential association, the thrust or to
push with force, the theory. In other words, learning criminal behavior is
not simply a matter of associating bad companions. Rather, learning
criminal behavior depends on how many definitions we learn that are
favorable to law definition as opposed to those that are unfavorable to
law violations.

6. Differential associations may differ in frequency, priority, duration, and

Intensity. The extent to which one’s association/definitions will result in
criminality, is related to the frequency of contacts, the extent of duration,
and their meaning to the individual.

7. The process of learning criminal behavior by association with criminal and

anti-criminal patterns involves all the mechanisms that are involved in
any other learning. Learning criminal behavior pattern is very much like
learning conventional behavior patterns and is not simply a matter of
observation and imitation.

8. While criminal behavior is an expression of general needs and values, it is

not explained by those general needs and values, since non-criminal
behavior is an expression of the same needs and values. Shoplifters steal
to get what the want. Others work to get money to buy what they want.
The motives, frustration, desire to accumulate goods or social status, low
self-concept, and the like, cannot logically be the same because they
explain both lawful and criminal behavior.

Conflict Theory

This theory view human behavior, as shaped by interpersonal conflict

between those who maintain social power who use it to further their own needs.
Conflict theory further explain social inequality, forces people to commit some
crimes such as burglary and robbery, as a means of social and economic survival,
whereas other crimes, such as murder, homicide, assault, and drug use, are
means of expressing rage, frustration, and anger. This theory likewise, attempts
to identify the power relations in society and draw attention to their role in
promoting criminal behavior. The purpose is to describe how class differential

28
produce an ecology of human behavior that favors the wealthy and powerful
over the poor and the weak.

Labeling Theory

This theory states that the reaction of other people and the immediate
effects of these reactions create deviance. Once it became known that a person
has engaged in a delinquent behavior, said person is segregated from society, and
a label such as “thief,” “drug addict,” “criminal,” is attached to the person.
Labeling serves as a process of segregation that creates “outsiders,” or outcasts
from, society, who begin to associate with others who also have been cast out. A
more people begin to think of these people as deviants and respond to them as
such, the deviants react to the response by continuing to engage in t behavior
society now expects of them. This theory serves as a process where the self-
image of a labeled deviant is attached to him permanently.

Radical Theory

This theory singles out the relationship between the owners of the means
of production or the capitalist, and the workers under capitalism, as the root
cause of crime and of all social conflicts. Radical theory demands the overthrow
of the existing order, which is said to perpetuate criminality by keeping the
oppressed classes under the domination of the capitalist oppressors. The
perspective or outlook of this theory is on (he study of the relationship between
economic difference and crime, and the assertion that crime is the result of a
struggle between owners’ of capital and workers, for the distribution of power
and resources, and the view that only when capitalism is abolished will crime
disappear.

The Theory of Sociopathy

Sociopathy refers to pattern of behavior exhibited alike by many offenders

and non offenders. Some theorists believe that the sociopath is mentally ill;
however, others do not. Partly, because some sociopathic personalities do not
engage in criminal behavior, and others who are not sociopathic, do engage in
criminal activity. Psychopathy only overlaps or side with criminality; it is not

29
identical with it. It is not easy to define or identify a sociopath, thus, the label can
be applied to almost anyone. Sometimes people will exhibit sociopathic
symptoms while tinder great stress, but after the stress is reduced, the symptoms
diminish or disappear.

The sociopath does not have a psychological disorder but rather thans a
unique personality structure. There are several labels for the sociopathic
personality. Psychopath and antisocial personality are two of the more popular
labels. There is evidence of a positive correlation between sociopathy and
criminal behavior. Sociopathic personality structures can be identified in criminal
behavior. Sociopathic personalities are identified by many traits and
characteristics. All sociopathic traits and characteristics need not be present and
manifested for a person to be sociopath. There is no consensus about the cause
of sociopathy. Some believe it to be caused by biology, others by faulty personal
development or sociological factors.

Symptoms of Sociopathic Personality

The sociopathic personality is identified by many characteristics or symptoms:

1. Egocentricity. The sociopath is self-centered and “me” oriented. His world

is himself and the goal in any interaction is to serve himself. He seek
immediate pleasure for himself and absorbed in his own needs all the
time.

2. Asocial behavior. This sociopath is often a loner, he behaves without

regard for social norms

3. Insensitivity to others. The sociopath is unable to take the role of others

and experience how others may be feeling.

30
4. Hostility. Most of the time, sociopaths are angry at “others.” They are also
aggressive people and throw temper tantrums when things do not
working the ways that they expect.

5. Lack of concern for the rights and privileges of others. The sociopath is’
concerned only with his rights and privileges. He lives by a double
standard; what is a rule for others is not necessary a rule for himself.

6. Impulsive behavior. The sociopath is not a planner. He is spontaneous in

his actions and words.

7. Poor loyalty and social relations. Sociopaths generally do not have close
Friends. They do not have loyalty to those persons to whom most people
feel loyal; parents, siblings, and spouses.

8. Poor planning and judgment failure to learn from experience. Sociopaths

generally make the same mistakes over and over.

9. Projection of blame onto others. If things go wrong for the sociopath,

instead of accepting responsibility, he places the blame on others.

10. Lack of responsibility. The sociopath does not see himself as having a duty
or obligation to anyone or anything.

31
Name:_______________________________________ Date: _______________

CHAPTER 3

1. What does differential association theory maintain?

2. Who assumes the “around behavior?” sociopath who is often alone,

behaves without regard for social norms.

3. Who is “hostile sociopath?”

32
 CHAPTER 4

Heredity and Crime

In the study of the causes of crime, a new field of discipline created

interest and gained attention in the field of criminological study. This is known as
biosocial criminology which deals with the study of crime from a biological
perspective. Criminologists believe that the way to control crime is to apply
science and technology to criminal behavior and social environments. Biosocial
theories assume that criminal behaviors cannot be understood unless the
interaction between the offender’s biology and his environment is understood.

The biological explanations of criminal behavior are based on the

assumption that structure determines function. People behave differently
because they are structurally different. This structural difference may be the
result of chromosomes, genes, chemistry, hormones, or even body type. The
biological theories assume that something is happening inside the person, often
beyond his control to cause criminal behavior. It is said that fundamental
problems stops attempts to discover hereditary influences on behavior, including
criminality.

The following are theoretical issues that must be taken into account
before hereditary influences can be identified;

1. Heredity and environment interact from the point of conception. It is said

that if expectant parents talk to, play music to, and interact with the
fetus, the newborn will be ahead of other infants in their personal,
intellectual, and psychological development.

2. Criminals engage in a large assortment of activities. A particular criminal

may rob, burglarize, forge, kill, or embezzle. Modern genetic theory
indicates that inherited traits are specific in nature. Blue eyes, height,
and other prominent facial features and so on, can be inherited. Criminal
behavior is not specific in nature. It is general. The argument that
offenders inherit general tendencies to break laws is contrary to modern
genetic theory.

33
Physiognomy

Physiognomy is the study of judging a person’s character from facial

features to determine whether the shape of the ears, nose, and eyes, and the
distances between them were associated with anti-social behavior. Johann
Kasper Lavater presented and authored this study.

Phrenology or Craniology

Charles B. Goring - studied phrenology or craniology which deals with the

study of the external formation of the skull indicating the conformation of the
brain and the development of its various parts which is directly related to the
behavior of the criminal. The study further states that the external formations of
the skull correspond to the interior formation of the brain, and that the mind can
be analyzed into faculties and functions. Goring believed that criminal
characteristics were inherited and recommended that people with such
characteristics should not be allowed to reproduce. According to him, persons
with epilepsy, insanity, defective social instinct, and feeblemindedness, were
among those who should not be allowed to have children.

Studies on Relations of Intelligence, IQ Scores, Crime and Delinquency

Intelligence is a complex concept. It refers to many different things in a

person’s adjustment to his environment. It also takes many forms. Some forms
are analytical intelligence, creative intelligence, and even “street” intelligence.

Standard IQ test generally arrange tasks starting from the easiest and
ending with the hardest. The tasks are age-graded, with younger children able to
accomplish the easiest tasks and adults able to accomplish the hardest tasks. A
person’s mental age is determined by the hardest tasks that he can accomplish.

34
The mental age is then compared to the person’s chronological age. The formula
for IQ is mental age divided by chronological age times 100.

This formula gives the person’s intelligence quotient.

The IQ range is as follows:

Very superior 140-169

Superior 120-149
High average 110-119
Normal 90-109
Low average 80-89
Borderline defective 70-79
Mentally defective 30-69

Findings on Crime and Intelligence Relation

The classic studies of the Juke and Kallikak families were among the first
to show that feeblemindedness or low intelligence was inherited and transferred
from one generation to the next. Numerous tests were likewise conducted that
lead to the development of the use of IQ test as a testing procedure for
offenders. The very first results seemed to confirm that offenders had low mental
abilities. They were found to be mentally impaired and incapable of managing
their affairs.

Authorities such as Bartol, Wilson, and Herrstein indicates evidence that

intelligence is inherited, as shown by the numerous studies conducted,
supporting the idea of a link between criminality and low intelligence. These
authorities were one in concluding that an estimate of 10-point gap exist on IQ
tests between offenders and non-offenders, non-offenders scoring higher; that
most offenders fall in the low-normal or borderline range (60-100 points). They
also arc of the opinion that IQ scores cannot he discounted as a measure of
socioeconomic status or cultural advantage.

Very limited evidence are available which can support the following
contentions, however, studies showed that forgery, bribery, securities violations,
and embezzlements are crimes committed by offenders with higher IQs than

35
those of offenders in the general population; that assault, homicide, rape, and
sex offenses are committed by of offenders with lower IQs than those of
offenders in the general population; that high-frequency property offenders,
such as burglars, thieves, robbers, and, drug and alcohol offenders, have IQs that
correspond to general population of offenders.

Physiology or Sornatotype

This refers to the study of the body build of a person in relation to his
temperament and personality and the type of offense he is most prone to
commit.

Ernest Kretchmer

He studied the different body types and presented the relationship

between physique and mental illness. He divided the bodies into three distinct
types;

1. Asthenic type: a person with a thin and narrow build with a long, narrow
arms, delicate bone structure and appearance. They could also he
muscular and athletic. But the body type is associated with schizophrenia
and tends to be idealistic, introverted and withdrawn. Prone to commit
larceny and fraud cases.

2. Pyknic type: in possession of a round body, fat, and fleshy, and associated
with manic-depressiveness, and tend to exhibit moodiness, extrovert
personality, jolly and realistic.Prone to commit deceptive crimes.

3. Dysplastic type: a person whose body type is part asthenic and part
pyknic with no identifiable mental illness.

William Sheldon

He developed the study of body build or somatotype school, which held

that criminals manifest distinct physiques that make them susceptible to

36
particular types of delinquent behavior, that links a relationship between body
type and criminal behavior.

1. Mesomorph: active, assertive, behave aggressively, athletic built,

muscular, and dominant. Labeled somatonic, and the most likely to
become criminal.

2. Endomorph: round, fat, short, tapering limbs and small bones, relaxed,
and comfortable. Labelled viscerotonic. Indulgence in fraud cases.

3. Ecotornorph: thin, bony, introverted, full of functional complaints and

hate crowds. Labeled cerebrotonic. Commits petty crimes.

37
Name:_______________________________________ Date: _______________

CHAPTER 4

1. What is psychoanalytic?

2. What did Charles B. Goring study and what this study?

3. What is ecotomorph?

38
 CHAPTER 5

The Psychological Theories of Crime Causation

The psychological theory of criminality blames delinquent behavior to a

conscience that is either so overbearing that it arouses feelings of guilt or so
weak that it cannot control the individual’s impulses, and to a need for
immediate gratification.

Sigmund Freud, the founder of psychoanalysis, viewed criminality as to

have resulted in too much guilt feelings. This could be seen among people with
an enormous guilt feeling, who committed crimes in order to be apprehended
and punished. And, once they had been punished, their feelings of guilt were
relieved.

Freud attributes these feelings to be incorporated into man’s personality

structure; the id, ego, and superego;

1. the id is the primitive part of people’s mental make up present at birth. It

is the impulsive part of the personality and unconscious. It represents
unconscious biological drives for sex, food, and other life-sustaining
necessities. The id is governed by the “pleasure principle,” it has no
regard for responsibilities and sensible things. The id impulses are not
social and must be repressed or adapted so ha they may become socially
acceptable. The Id impulses requires instant gratification without concern
for the rights of others.

2. the ego was considered to be sensible and responsible part of the

personality and governed by the “reality principle.” It was developed
early in life when a child begins to learn that his wishes cannot be
instantly gratified. The ego compensates for the demands of the Id by
helping the individual guide his actions to remain within the boundaries
of righteousness and fairness. It appraises the external situation, then
enables the person to make rational decisions. The ego is the objective,
rational part of the personality. It measures and weighs the real world
and allows the person to see his behavior according to others.

39
 3. the superego serves as the “conscience” and is unconscious. It is the part
of the personality that allows a person to pride, shame, and guilt. The
superego is often structured by our parent’s attitudes and it incorporates
the ideas of right and wrong, as taught by God, our parents, the school,
the community, and the elders The superego is the human being’s moral
faculty and it is largely responsible for making a person follow the moral
codes of society. It sets moral and ethical standards. It evaluates
thoughts an action and is the primary socialization force for the human
being.

The superego is divided into two parts; conscience and ego ideal.
Conscience tells us what is right and wrong; it forces the ego to control
the Id and directs people into morally acceptable and responsible
behaviors, which may not be pleasant. The ego ideal refers to a person’s
idealized self-image.

Psychological Theories of crime causation

Emotional Problems Mental Disorder Sociopathic Thinking

Theories Theories Personality Pattern
Theories Theories

There are many ways to classify the psychological theories of crime

causation. Some of the theories emphasize emotional problems, mental
disorders, sociopathy, and thinking patterns. The psychological theories have the
common assumption that there is something wrong with the mind of the
offender which causes him to commit crimes.

Emotional and Psychological Disorders

The emotional problem theories look at the offender as having the same
psychological makeup as the non offender. There is no disease or psychological
disorder present in the offender. The offender does not cope well with his
environment, and this creates frustration that results n crime.

40
 The emotional problem theories assume that the lawbreaker does not
have a great mental sickness that causes him to commit crimes but rather, he
commits crimes because of everyday emotional problems that made him unable
to cope up. As a result, the offender acts out criminally. Offenders are not
psychotic, neurotic, or sociopathic. They are norm human beings whose coping
skills have deteriorated. If the offenders commit crimes as result of this inability
then anybody who could not cope up with everyday problem becomes a
criminal.

Mental Disorder Theories

There are two general types of mental disorders. First, the organic
disorder where the physiological cause can be identified, such head injuries that
leaves the mind blank, senility, Parkinson’s disease, and Alzheimer’s disease.
Organic disorders refer to the brain’s disorder or sickness. Second, the functional
disorders are characterized strange behavior that cannot be traced to any known
organic disease. Functional disorders characterized by no apparent brain disorder
that can be identified. Examples of functional disorder, are people with no
apparent brain sickness, who hear voices that others do not hear, or who sees
things, that others do not see. Meaning, under the functional disorder person’s
cognitive, perceptual and memory functions do not operate normally.

Neuroses

The idea of neurosis was popular during the early part of the 20th
century and it has generally been referred to hysteria and neurasthenia. Some of
the more common neuroses are anxiety, obsessive/impulsive behavior, hysteria,
phobias, and depression. Some of the more common psychoses are
schizophrenia and paranoia. Some of the more common impulse disorders are
kleptomania, pyromania, dipsomania, and other explosive behavior.

Neurosis is a common type of mental disorder used to explain criminal

behaviors. Neurotic behaviors are behaviors that do not grossly violate social
norms or represent severely disorganized personalities. Most neurotics are aware
of their problems and my not seek professional help. They do not require
hospitalization but are guilty, unhappy anxious people. The most common
neuroses with their respective symptoms are the following;

41
 1. Neurasthenia. This is a condition of weakened nerves, that manifest itself
in fatigue and nervousness and sometimes in physical symptoms such as
pain.

2. Anxiety. This is also known as “anxiety state” or “anxiety reaction,” with

the person feeling anxious, fearful anticipation or apprehension. The
person may be irritable; have chronic tension, worry, poor concentration,
and over reaction to noise and restless.

3. Obsessive-compulsive behavior. Obsessions are unwanted, repetitive,

irresistible thoughts or urges. Generally, the person knows that they are
senseless, but is unable to let go of the feeling. Compulsions are
stereotyped repetitive behaviors that are thought to produce or prevent
something that is thought to be magically connected to the behavior.
People who suffer from this neurosis have unwanted, intrusive repetitive
thoughts or behaviors. Obsessional behaviors are sometimes referred to
as compulsion.

4. Hysteria. It has two forms; true hysteria and histrionic behavior. Hysterics
can be defined as unhealthy or senseless emotional outburst coupled
with violent emotional outbreaks.

5. Phobia. Phobias are generally called exaggerated fears of things that

normal people fear to some degree, and fears of things that ordinary
people do not fear.

6. Depression. People who suffer from depressive neuroses generally have

feelings of pain, hurt, unpleasantness, sadness, rejection, self-pity,
helplessness, despair, boredom, pessimism, and rejection. When these
feelings become pervasive and affect all aspects of a person’s life,
depression is said to occur.

Psychoses

This is a common category of mental disorder used to explain criminal

behavior. Psychoses can be functional or organic. Psychotic people lose contact

42
with reality and have difficulty distinguishing reality from fantasy. Most of the
time, they have severe breakdowns in their ability to communicate, and become
isolated from others.

The most common types of psychoses that used to explain criminality and
delinquency are;

1. schizophrenia is manifested by delusions or hallucinations or a clear-cut

thought disorder. This is also known as dementia praecox. Sometimes
schizophrenics are not logical in their thoughts, as shown by their
language.

2. paranoia as manifested by paranoids is a psychotic delusion characterized

by delusions which are incorrect or unreasonable ideas which can be seen
as truth by people suffering from this disorder. Paranoia is a term derived
from the Greek which means, “a mind beside itself.” Paranoid people are
characteristically suspicious and has that feeling of being persecuted by
others, referred to as psychotic delusion. In the paranoid’s mind the
delusion system is firm and I accompanied by their clear and orderly
thinking, because they can give rational, distinct and clear reasons for
their thoughts.

43
Name:_______________________________________ Date: _______________

CHAPTER 5

1. What is psychoanalytic theory?

2. What are the 2 parts of superego and explain.

3. What are the characteristic of psychotic people?

44
became the standardized law of or inherently evil and bad. This early English Law
became the standardized law of England which eventually formed the basis of
the criminal law of the United States.

Then came the first Philippine Criminal Law, the Code of Kalantiaw
promulgated in 1433.

Regardless of how an act defined by these laws as criminal, they generally

constitute behaviors that are considered unacceptable and impermissible by the
state. People who engage in any criminal act are eligible for severe sanctions. By
outlawing these behaviors, the government .expect to achieve the following
goals in creating each country’s penal code;

1. Enforcing social control. Those who hold political power rely on criminal
law to formally prohibit behaviors believed to threaten societal well-being
or to challenge their authority.

2. Discouraging revenge. By punishing people who violates the rights,

property, and freedom of others, the law gives the burden of revenge
from the individual to the state.

3. Expressing public opinion and morality. Criminal law reflects constantly

changing public opinions and moral values. Mala in se crimes such as
murder, rape and others, almost universally prohibited, however, the
prohibition of the legislatively creative mala prohibitum crimes or special
laws such traffic laws, city and municipal ordinances etc., changes
according to social conditions and attitudes.

4. Deterring criminal behavior. Criminal law has a social control function. It

can control, restrain, and direct human behavior through its sanctioning
power. The threat of punishment associated with violating the law is
designed to prevent crimes before they occur. During the middle ages,
public executions drove this point home. Today criminal law’s impact is
felt through news account of long prison sentences and occasional
execution.

45
 5. Punishing wrongdoing. The deterrent power of criminal law is tied to the
authority it gives the state to sanction or punish offenders. Those who
violate criminal law are subject to physical coercion and punishment.

6. Maintaining social order. All legal systems are designed to support and
maintain boundaries of the social system they serve. In a way, the
contents of the criminal law is a mere reflection of the needs of those
who control the existing economic and political system than the
representation of the few.

A Brief Study of Our Criminal Law

Criminal law as defined, is that branch or division of law which defines

crimes, treats of their nature, and provides for their punishment.

Sources of Criminal Law:

1. The Revised Penal Code (Act No. 3815) and its amendments.

2. Special Laws passed by the Philippine Commission, Philippine Assembly,

Philippine Legislature, National Assembly, the Congress of the Philippines,
and the Batasang Pambansa.

3. Penal Presidential Decrees issued during the Martial Law.

Effectivity of Criminal Law — The Revised Penal Code took effect on Jan. 1, 1932.

NOTE: Court decisions arc not considered as sources of criminal law, since they
merely explain the meaning of, and apply, the law as enacted by the legislative
branch of the government.

As contained in other studies as to what empowers a state to punish

violators of the law, is explained and explicitly pointed out by Luis B. Reyes on his
book on Criminal Law Book 1,

Power to define and punish crimes. The State has the authority under its
police power, to define and punish crimes and to lay down the rules of criminal

46
procedure. States, as part of their power, have a large measure of discretion in
creating and defining criminal offenses.

The right of prosecution and punishment for a crime is one of the

attributes that a natural law belongs to the sovereign power instinctively charged
by the common will of the members of society to look after, guard, and depend
the interests of the community, the individual and social rights and liberties of
every citizen and the guaranty of the exercise of his rights.

Characteristics of our Criminal law:

1. It is general in application. All the provisions of our criminal law is equally

applied to all persons who is living within the territories of the land,
irregardless of one’s sex, race, religion, education, status and other
personal circumstances. However, certain exceptions are defined; (a)
heads of the state or country; (b) foreign diplomats, and duly accredited
ambassadors from other countries; (c) foreign troops permitted to be in
our country to participate in any war exercises.

There are cases however, where our criminal law does not apply
even if the crime is committed by a person residing in the Philippines,
that constitute an exception; subject to the principles of public
international law and w treaty stipulations.

2. It is territorial in character. It means that as a rule, penal laws of the

Philippines are enforceable within its territory, and the whole
archipelago,

3. including its atmosphere, its interior waters and maritime zone. The
national territory comprises the Philippine archipelago, with all the
islands

4. and water embraced therewith, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its territorial ea, seabed, the subsoil
the insular shelves, and other submarines areas. The waters around,
between and connecting the islands of the archipelago, regardless of their

47
 breadth and dimensions, form part of the internal waters of the
Philippines.

To determine the territoriality of the seashore, the three-mile limit

measurement is used during low tide.

Exceptions to this rule are; (a) should commit an offense while on a

Philippine ship or airship considered as a flag carrier, being registered
with the Bureau of Custom; (b) should forge or counterfeit any coin or
currency note of the Philippines or obligations and securities issued by
the Government of the Philippines; (c) should be held liable for acts
connected with the introduction into the Philippines of the obligations
and securities mentioned in the preceding number; (d) while being public
officers or employees, should commit an offense in the exercise of their
functions; or (e) should commit any of the crimes against national
security and the law of nations.

5. It must be prospective, which means that a penal law cannot make an act
punishable in a manner in which it was not punishable when committed,
since it can only be punished under the laws in force at the time of their
commission.

6. It is specific and definite. The criminal law gives a strict definition of the
specific act committed. However, when doubt exist as to whether a
definition is contained in the Revised Penal Code applies o the accused or
not, the judge is contained to decide in favor of the accused.

7. It is uniform in application. When the law is general in application, the

punishment given to the convicted person, is in the same context, that no
exception must be made as to criminal liability. The defined crime
together with the corresponding punishment must be uniformly given
although differently enforced based on the specific provision of the law.

8. There must be a penal sanction or punishment. Penal sanction is the most

important part of in the violation of laws, since it act as a deterrence in
the further violation of laws. And the State use sanction in terms of self-
defense, to protect the society from the wrongs inflicted by a would-be
criminal.

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Two theories in criminal law:

There are two important theories in criminal law: (I) the classical theory,
and (2) the positivist theory.

The characteristics of the Classical Theory

1. The basis of criminal liability is human free will and the purpose of
penalty is retribution.

2. That man is essentially a moral creature with an absolutely free will to

choose between good and evil, thereby placing more stress upon the
effect or result of the felonious act than upon the man, the criminal
himself.

3. It has endeavored to establish a mechanical and direct proportion

between crime and penalty.

4. There is a scant regard to the human element.

Characteristics of the Positivist Theory

1. That man is subdued occasionally by a strange and morbid phenomenon

which constrain him to do wrong, in spite of or contrary to his volition.

2. That Crime is essentially a social and natural phenomenon, and as such, it

cannot be treated and checked by (lie application of abstract principles of
law and jurisprudence not by the imposition of a punishment, fixed and
determined a prior hut rather through the enforcement of individual
measures in each particular case after a thorough, personal and individual
investigation conducted by a competent body of psychiatrist and social
scientists.

49
FELONIES

Felonies are acts and omissions punishable by law. The elements of felonies are;

1. There must be an act or omission.

2. The act or omission must be punishable by law.
3. The act must be committed by means of deceit (dolo) or fault (culpa),

Types of Felonies:

1. Grave felonies — are those to which the law attaches the capital
punishment or penalties which in any of their periods are afflictive.

2. Less grave felonies — are those which the law punishes with penalties in
their maximum period are correctional.

3. Light felonies —are those infractions of law for the commission of which
the penalty of arresto menor or a fine of not exceeding 200 pesos, or
both, is provided.

Stages in the commission of crime:

1. Attempted —There is an attempt when the offender commences the

commission of a felony directly by overt acts, and does not perform all
the acts of execution which should produce the felony by reason of some
cause or accident other than his own spontaneous desistance.

2. Frustrated — It is frustrated when the offender performs all the acts of

execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason causes independent of the will
of the perpetrator.

3. Consummated —A felony is consummated when all the elements

necessary for its execution and accomplishment are present.

50
Name:_______________________________________ Date: _______________

CHAPTER 6

1. What are the sources of Criminal Law?

2. What are the 3 elements of felonies?

3. What are grave felonies?

51
 CHAPTER 7

The Nature and Extent of crime

In our country the nature and extent of crime can be seen from different
statistical data gathered among police stations, sub-stations, and other law
enforcement agencies. The use of the FBI’s Uniform Crime Report or UCR, which
is the best-known and most widely used cited source of aggregate criminal
statistics in the United States, is somehow followed as a pattern in the Philippine
National Police, as gathered from different police stations scattered all over the
country. We refer to this as the index crimes, which carries the eight most serious
offenses committed.

The UCR uses two methods to express crime data; first, the number of
crimes reported to the police; second, crime rates per 100,000 people are
computed. For example, when the UCR indicates that the murder rate was 5.7 in
1999, it means that about 6 people in every 100,000 were murdered between
January I and December 3 1 of 1999. And this is the equation or formula used in
the computation;

Volume of Crime x 100,000 = crime rate

No. of Population

The data sources show stable patterns in crime rate as collected from
different sources. Ecological patterns show that crime varies by season and by
urban versus rural environment. There is also evidence of gender and age gaps in
the crime rates; men commit more crime than women, and young people
commit more crime than the elderly. Crime data also show that people commit
less crime as they age, which is also referred to as aging out phenomenon.

One of the most important findings in the crime statistics is the existence
of the chronic offender, a repeat criminal responsible for a significant amount of
all law violations. Chronic offenders begin their careers early in life, and, rather
than aging out of crime, persist into adulthood.

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Classification of Crime:

1. Simple crime — constitutes one act and one offense. E.g.; Homicide,
robbery rape.

2. Complex crime — a single act constitute two or more grave felonies or

when an offense is a necessary means for the commission of another E.g.:
robbery with homicide.

3. Acquisitive crime — the offender acquire something as a consequence of

the criminal act

4. Extinctive crime — the end result of the offense committed is destructive.

5. Seasonal crime — are offenses committed during certain periods of the

year.

6. Situational crime — when the given situation is conducive to the

commission of the act.

7. Instant crime offenses committed at the shortest possible time.

8. Episoidal crime — committed through a series of act in a longer space of

time.

9. Static crime — committed in one place.

10. Continuing crime — committed in several places.

11. Rational crime — when the offender is in full control of his sanity and has
the intention to commit a crime.

12. Irrational Crime — innocence of the nature and quality of the act on
account of some diseases of the mind.

13. White-collar crime — committed by persons of high respectability,

belonging to upper socio-economic class who commits the offense in line
with their given profession.

53
 14. Blue-collar crime — committed by ordinary criminals only as a means of
livelihood.

Classification of Criminals:

1. Acute criminals — commits a crime due to the impulse of the moment, fit
of passion, anger or spell of extreme jealousy.

2. Chronic criminals — those who acted in consonance with deliberated

thinking.

3. Neurotic criminals — those whose

4. Normal criminals- their psychic conditions resembles that of a normal

individual except that they identify themselves with criminal prototypes.

5. Ordinary criminals — considered to be the lowest form in the criminal

career. They engaged only on conventional crimes which requires limited
skills. They lack organization to help them avoid arrest and conviction.

6. Organized criminals — they have high degree of organization to enable

them to Commit crimes without being detected with specialized criminal
activities operated in large scale. Force, violence, intimidation and bribery
arc used to gain and maintain control over economic activities which
includes various forms of racketeering, gambling, prostitution and
distribution of prohibited drugs.

7. Professional criminals - arc highly skilled ones, an able to obtain

considerable amount of money without being detected due to
organization and contact with professional criminals. They arc always able
to escape conviction and specializes in crimes which requires skills.

8. Accidental criminals — they commit criminal acts as a result of

unanticipated circumstances.

54
 9. Situational criminals — they are not actually criminals but commits the
crime due to a given situation or sometimes their criminal activities re
intermixed with legitimate activities.

10. Habitual criminals — they continue to commit criminal acts for such
diverse reasons due to deficiency of intelligence and lack of self-control.

11. Active-aggressive criminals — they commit crime in n impulsive manner

usually due to the aggressive behavior of the offender, as shown among
crimes of passion, resentment or revenge.

12. Passive-inadequate criminals — they commit crimes because they are

pushed to do it, by inducement, reward or promise without considering
the consequences, and they are called “ulukan.”

13. Socialized delinquents — they are normal in their behaviors but mere
inadequate and defective in their socialization process. To this group
belongs the educated, respectable members of the society who turned
criminals on the account of some situation they are involved.

RECIDIVISM

Recidivists are habitual offenders who repeatedly violates the law in

varying offenses and who at the time of an ongoing trial, managed o commit
another criminal act. They do not specialize in one crime, and commits an
average of 10 to 20 crimes per arrest. The recidivists has a background that
includes involvement in crime as a young juvenile and poor employment record.

CRIME TYPOLOGIES

55
 Typologies refer to the study of different types of crimes, they also
examine the patterns of particular type of crime behavior and explains related
personal and environmental factors in crime causation.

As people grew older, they are less likely to commit crimes which could
be attributed to the aging-out phenomenon. The majority of known criminal
offenders are between the ages of 16 and 24 years. Most common crimes are
committed against victims with the same personal circumstances, as the
offenders; as in co-worker with another worker, or a relative with another
relative. The personal crime victimization rates are highest among the lowest
class or the poor, and lowest among the upper class

Simply defined, crime typology refers to the type of a particular crime

category. Crimes may be categorized as;

1. violent crimes, that could include offenses where violence was applied

2. economic crime — are primarily committed to bring financial gain to the

offender. They fall under some of these category;
(a) white-collar crime
(b)organized crime

White-collar crime is a violation of law committed by a person or group of

persons in the course of an otherwise respected and legitimate occupation or
business enterprise. Offenses under these category arc oftentimes in forms of
fraud cases, such as securities-related crimes, bank frauds, frauds committed
against the government, consumer fraud, computer crimes, insurance fraud, tax
fraud, and other related cases involving deceit.

White-collar crimes arc difficult to detect since complainants can easily be

induce become a willing victim. The crime solving and handling capabilities of the
police, which is the traditional source of stoppage of this offense, seem incapable
and inadequate in handling this vast new body of crime. Moreover, though
people have learned through the ages to be careful with strangers on the street,
they have not learned to protect themselves against these newer forms of crime.

Organized crime are generally characterized by the use of legitimate or

illegitimate business enterprise for illegal profit. Likewise, organized crime is a
society that seeks to operate outside of the law. It involves thousands of

56
criminals, working within structures as complex as those of any large
corporation, subject to laws more rigidly enforced than those of legitimate
government. The behavior of the organization is not impulsive but rather the
result of intricate conspiracies, carried on over many years, and aimed at gaining
control over whole fields of activities in order to have profits:

Economics is the driving force behind organized crime. Organized crime is

especially active in the goods and services that re scarce and illegal but have a
strong market demand. Drugs, prostitution, gambling, racketeering. Pornography,
and other law violations in the nature of an illegal business primarily focus on
profit.

3. Public order crime — or victimless crime. They are unlawful acts that
interferes with the Normal operation of society and the ability of people
to function efficiently. It is called ‘victimless crime,” because there is no
complaining victim. Example; prostitution, gambling, drug addiction,
pornography, etc.

FACTORS THAT ENHANCES THE COMMISSION OF CRIMES;

1. Criminal demography — is the study of the relationship between

criminality and population.

2. Criminal epidiomology — establishes the relationship of environment and

crimes

3. Criminal ecology — refers to the study of criminality in relation with the

spatial distribution of crime.

4. Criminal physical anthropology — it is the study of the relationship

between criminality and man’s physical condition or disability.

5. Criminal psychology — refers to the study of human behavior in relation

to crime.

6. Criminal psychiatry — is the study of the human mind in relation to

criminality.

57
 7. Victimology — is the study of the role of the victim in the commission of
crime. Crime happens because of the victim, his participation in the
commission, of an illegal act can be attributed not only the on victim’s
willingness but likewise on his being an unwilling victim.

Name:_______________________________________ Date: _______________

CHAPTER 7

58
 1. What is a rational crime?

2. Who are the acute criminals?

3. What is the public order-crime?

CHAPTER 8

Crime and Corrections

59
 Corrections involve the treatment, incapacitation, and punishment of
criminal offenders who have been convicted in a court of law. The criminal court
convicts and sentences those who are found guilty of crimes. Upon sentencing,
the corrections component of the criminal justice system begins to function.
Corrections arc primarily established to correct, treat, and administer post
adjudicatory care to convicted criminal offenders.

Few decades ago, there was a significant change in the field of corrections
from the mere institutionalization of criminal offenders to the increased use of
community—based correctional alternatives, such as probation, parole, and
reentry programs.

Retribution

Retribution involves the notion or idea that a wrongdoing should be

punished to “pay back” or compensate for his criminal acts. Retributive forms of
punishment can be traced to ancient times, such a’ the Code of Hammurabi
which stressed the doctrine of lex taliones; meaning, “an eye for an eye.” This
penal practice was based on the motive of reciprocal revenge for crime;
murderers were to be murdered themselves; those who caused physical injury to
others were to be harmed in like manner.

Deterrence and Prisons

It was not until the late 18th Century that Beccaria and Bentham
advocated a new policy and system of legal and penal reform. They argued that
the proper objective of punishment should be to protect society and its laws;
punishment should not be inflicted for vengeance —rather, the primary purpose
of punishment should he the reduction or deterrence of crime.

Beccaria and Bentham advocated that the excessively brutal punishments

of death and mutilation be abolished and that penal reforms be introduced so
that the punishment fit the crime. Meaning, the punishment inflicted should be
just severe enough to outweigh any pleasures, either contemplated or actually
experience that could be derived from the commission of a criminal act. In this
way, the threat of punishment would deter the offender from committing

60
additional criminal acts. Beccaria, in addition, presented convincing arguments
for imprisonment as a form of punishment, believing it to be the most effective
and efficient method for carrying out those reforms.

The Quaker’s Solitary System of Imprisonment

During the turn of the 19th century, imprisonment had become a major
form of punishment. In the United States, the Quakers of Pennsylvania
spearheaded the movement to have imprisonment take the place of other forms
of punishment. They emphasized that imprisonment should have a deterrent
function, but more important, it should also serve the purpose of reforming and
rehabilitating the inmate. The Quakers were also concerned with the potential
detrimental effects of prisoner contact association. From this system came the so
called solitary system. Under this system, each prisoner had a personal prison
cell and exercise area. So that, each prisoner was required to live and work in
solitary confinement though out the entire sentence. This system solved the
problem of prisoner contact and, provided prisoner more time and opportunity
to learn a trade, arid also gave them more time to think over their ‘evil ways’ and
practice penitence, where the world penitentiary came from.

The Silent System of Imprisonment

The Quakers were satisfied with the solitary system, hut others were
concerned with the detrimental effects resulting from extended periods of
physical and social isolation. So that, in the periods that followed, few states
adopted the ‘Pennsylvania’ system, and opted for an alternative plan of
administration, which was known as the silent or the Auburn system.

Under the Auburn System, prisoners were permitted to work side by side,
but they were not allowed to speak or even glance at one another. For example,
when passing one another outside their cells, prisoners had to keep their eyes
downcast. And, when moving about in the company of others, prisoners were
required to walk in lockstep formation-that is, in single file, facing the back pf the
person immediately ahead. Violation of this rule brought swift and severe
disciplinary action.

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CORRECTIONS TODAY

Jails and Prison

Jails are primarily adult penal institutions used for the detention of law
violators. Its original function was the pre-trial detention of persons charged with
crime. Later it came into use for the service of shorter sentences. Today, it
continues its dual role as a place of detention for those awaiting final disposition
of criminal action and the service of short sentences of not less than three years.

Jails are different from prisons because they are administered by local
government such as municipality, city or province, while prisons are administered
by the state or national government. Furthermore, jails are institutions for the
confinement of untried prisoners and sentenced prisoners serving imprisonment
of not- more than three years while prisons are institutions for the confinement
of sentenced prisoners serving imprisonment of more than three years.

Types of Jails:

1. The lock-up. This is a security facility, usually operated by the police

department, for the temporary detention of person hold for investigation
or awaiting preliminary hearing. Unusually the period of detention does
not exceed 48 hours. Persons who must be held longer arc transferred to
the city or provincial jail.

2. The Ordinary Jail. In most instances this institution houses both offenders
awaiting court action and those serving short sentences, usually up to
three years. Most of the time, it is the only facility available for the
detention of the juvenile offender and for the care of the non-criminal
insane pending commitment to the state psychopathic hospital. It may be
administered by the police department as in most city jails, or by the
provincial jail systems.

3. The Workhouse, jail-farm or camp. These institutions house minimum

custody offenders serving short sentences, usually not more than three
years. Like ordinary jail, they may be operated by the city department or
by the provincial jail administrator.

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Prisons

In general, conditions in our prisons are much better than in our jails. The
majorities of prisons have better management policies than jails and maintains
educational, recreational, employment, and other supportive programs.
However, in spite of the many positive goals, programs, and services in our
correctional facilities, the reality of the prison experience is often quite different
for our nation’s prisoners. Studies conducted among our correctional institutions
reveals that many prison atmosphere are oppressive and punitive, and many
prisoners are subjected to harsh discipline and repressive rules. Elaborate
systems of regulation covers much of a prisoner’s daily behavior; how and when
to eat, work, sleep and so forth. Congestion is one big problem that continuously
haunts our government. A problem that up not now cannot be still be addressed
properly. Violence is also a way of life within many prisons. Prisoners are exposed
to much verbal and physical abuse from other inmates as well as from guards. In
many of our prisons, offenders are exposed to a wide range of psychologically
and physically degrading experiences, such as being raped by co-prisoners, strip
searches and sometimes undressing in front of co-inmates, and other subhuman
treatments.

Ultimately, prison punish offenders in many ways other than simply

depriving them of their freedom. For too many inmates, the prison experiences is
a dehumanizing, punitive, hostility-building experience that, for many, serves
only to reinforce criminal behavior patterns and attitudes. This type of
experience gives offenders little chance to develop respect for themselves, for
others, or for society, and offers little, if any, opportunity to deal with the
problems responsible for their commitment in the first place. The system
segregates offenders from the society to which they are ultimately expected to
adapt; meanwhile, that society frequently offers little constructive assistance to
help tile offenders function effectively in the and acceptably in the community
when released.

COMMUNITY-BASED CORRECTIONS

Community-based corrections are rooted in the 19 th century, the began to

grow during the early 20th century, and became acceptable way of correction
during the 60s and early 70s. However, so many problems about prison system

63
were encountered, such as when the “permissive” approach that “kept”
offenders in the community became less and less acceptable. But, when prison
started to experienced continuous rioting and declining support from the
government and social support for community-based corrections, and over
crowding in correctional institutions significantly increased, the use of
community-based corrections remained to be the only solution.

Under the community-based corrections the following programs were installed;

Pardon — is a form of executive clemency which is exercised by the Chief

Executive. It is an act of grace and the recipient of pardon is not entitled to it as a
matter of right. The exercise of pardon is vested in the President, is discretionary
and is not subject to review by the courts. Neither does the Legislative Branch of
the government have the right to establish conditions nor provide procedures for
the exercise of clemency.

As practiced in the Philippines, there are two kinds of pardons; absolute

and conditional pardon.

1. Absolute pardon — is one which is given without any condition attached

to it. The purpose of this kind of pardon is (a) to do away with the
miscarriage of justice; (b) to keep punishment abreast with the current
philosophy, concept or practice of criminal justice administration; (c) to
restore full political and civil rights of persons who have already served
their sentence and have waited the prescribed period.

2. Conditional pardon — serves the purpose of releasing, through executive

clemency, a prisoner who is already reformed or rehabilitated but who
can not be paroled because the parole law does not apply to him. Thus a
prisoner serving a determinate sentence or life imprisonment is excluded
from the benefits of the parole law. However, when this prisoner has
already been reformed, he may he released on conditional pardon.

PROBATION

Probation is a procedure under which a defendant guilty of crime is

released by the court without imprisonment subject to the condition imposed by
the court and subject to the supervision of the probation service. Probation may

64
be granted either through the withholding of sentence (suspension of imposition
of a sentence) or through imposition of sentence and stay or suspension of its
execution.

Probation is a part of correctional system. It can not be properly

considered as an independent object. It is only a apart of penology, and
therefore, it must be viewed in its relation to other aspects of enforcement of the
criminal laws and its proper perspective. It is a part of an entire structure and
only a single feature of a well-rounded correctional process.

Probation is a form of treatment of the convicted offender. It is not a

clemency, pity, or leniency to the offender, but rather a substitute for
imprisonment. There are some offenders who must go to prison for their own
good and for the good of society because of their, presence in the community
constitute a threat to law and order. Other less of danger to commit crime can
remain in the community after conviction where they are given a chance to
conform with the demands of society. Probation is compared to an out-patient.
The out-patient does not need to be confined in a hospital because his sickness is
not serious. However, the patient must remain under the care and supervision of
his family physician in order that his sickness will not become more serious.
Similarly, the probationer does not need to go to prison, but should remain
under the supervision and guidance of his probation officer in order that he will
not become a more serious offender.

Probation is given in cases in which the ends of justice do not require that
the offender go to prison. This is so when all the following circumstances exist:
that there is a strong likelihood that thee defendant will reform; that there is
little danger of his seriously injuring or harming members of society by
committing further crimes: that the crime he committed is not one that is
repugnant to society; that he has no previous record of conviction; and that the
deterrent effect of imprisonment on other criminals is not required.

The person who is placed on probation is not a free man because he is

required to live within a specified area. He is deprived of certain rights and
privileges of citizenship, but he retains some other rights and is entitled to the
dignity of man.

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PAROLE

Parole is a procedure by which prisoners are selected for release on the

basis of individual response and progress within the correctional institution and a
service by which they are provided with necessary controls and guidance as they
serve the remainder of their sentences within the free community.

Parole is a conditional release after the prisoner has served part of his
sentence in prison. It is not a form of clemency or a reward for good behavior in
prison, but rather a follow-up of his institutional program. Parole bridges the gap
between the highly controlled and regimented prison life to free life in the
community. Parole may be compared to the recuperation phase of a person who
has been hospitalized.

For sometime for a serious ailment. In that case, the patent continues to
receive treatment and supervision at home from his physician who determines
when treatment is no longer necessary and when it is safe for him to resume his
regular physical activities. Without this recuperation period the patient runs the
risk of being sick again. By the same analogy, the prisoner, after spending several
years in an atmosphere of captivity and regimented prison life, should gradually
be re-introduced to free life under the guidance and supervision of a parole
officer before he can be given final release. To give him unrestrained freedom
immediately after his release from prison might cause him to be a recidivist.

Name:_______________________________________ Date: _______________

CHAPTER 8

1. What is retribution?

66
 2. How is probation granted?

3. Is parole a form of clemency? Explain.

CHAPTER 9

The Philippine Criminal Justice System

67
The Five Pillars:

1. Law Enforcement

The Law Enforcement serves as the first pillar known as the “initiator” or
the “prime mover” of the Criminal Justice System. It also act as the initiator of
action, for rendering the initial steps such as; effecting arrest, conducting
surveillance and investigation, among others, that other pillars must act upon or
follow suit, in order to attain the System’s goal and objective. In the absence of
this first pillar, the police, the whole Criminal Justice system would be at a stand
still.

The following are the functions of the Law Enforcement, as the first pillar
of the system;

(a) To prevent criminal behavior, which involves prevention of all factors

directed towards the elimination of all causes of crime.
(b) To reduce crime, which means eliminating and reducing opportunities for
criminal behavior.
(c) To apprehend and arrest offenders, including conduct of investigation
and gathering of evidences that could withstand the scrutiny of the
court.
(d) To protect lives and properties, which is essentially the purpose of the
creation of the police.
(e) To regulate non-criminal conduct, which involves the community service
and order maintenance functions of the Philippine National Police.

The Philippine National Police was established by the enactment of RA.

6975 known as the DILG ACT of 1990 which took effect on January 1991. On
February 28, 1998, the PNP was reorganized by virtue of RA 8551 known as the
Philippine National Police reform Act of 1998.

Powers and Functions of the Police:

1. Enforce all laws and ordinances relative to the protection of Iives and
properties;

68
 2. Maintain peace and order and take all necessary steps to ensure pubic
safety;
3. Investigate and prevent crimes, effect arrest of criminal offenders, bring
offenders to justice and assist in their prosecution;
4. Exercise the general powers to make arrest, search and seizure in
accordance with the Constitution and other pertinent laws;
5. Detain an arrested person for a period not beyond what is prescribed by
law, informing the detained person of all his rights under the Constitution;
6. Perform such other duties and exercise all other functions as may be
provided by law.

II. The Prosecution

The Prosecution as the pillar of the Criminal Justice System simply means
“a criminal action.” It is a proceeding instituted and carried on by due course of
law, before a competent tribunal, for the purpose of determining the guilt or
innocence of person charged with a crime. It is also used to designate the
government as the party to the proceeding in a criminal action.

In criminal case, it is also referred to as the process by which formal

criminal charges arc brought against a person accused of committing a crime.

In the Philippine setting, the prosecutor is the government officer tasked

to conduct the prosecution of criminal actions in court. The Revised Rules of
Court expressly provides that the prosecution has the direction and control of
the case.

In criminal prosecution, the prosecutor represents the Stale or the

People of the Philippines.

This is so because the real offended party is the people of the Philippines,
for a crime is an outrage against, and its vindication is in favor of the people

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Philippines. The offended party in Criminal Prosecution is merely a witness; who
serves as a collateral for the crime that was committed by the accused, and not
against the offended party but against the people of the Philippines.

The following are some of the role of the prosecutor;

1. To conduct preliminary investigation.

2. To make proper recommendation during the inquest of the case referred
to them by the police after the investigation of the case.
3. To represent the government or state during the prosecution of the case
against the accused.
4. To act as a legal officer of the province or city in the absence of its legal
officer.
5. To investigate administrative cases filed against State Prosecutors,
Provincial Prosecutors, including the support staff of the National
Prosecution Service.

III. COURTS

The following are the general functions of the court;

1. To protect the rights of the accused. The courts are responsible for the
reviewing the actions of the law enforcement agencies to ensure that the
police have not violated the rights of the accused.

2. To determine by all legal means whether a person is guilty of a crime. It

also review all the evidences presented by the police to determine its
relevance and admissibility in accordance with the Constitution and rules
of court.

3. To dispose properly of those convicted of the crimes. The courts have the
responsibility to examine the background of the accused and the
circumstances of the crime.

4. To protect the society. After the accused has been found guilty, the court
may determine if the offender should be removed from society and

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 incarcerated in order to protect the safety of life and property and this is
specially true in case of Probation.

5. To prevent and reduce criminal behavior. This is the task properly

implemented in order to serve its purpose.

6. Imposing the proper penalty and sanctions that will serve to deter the
future criminal acts by the offender and also serve as an example and
deterrent to others who would commit criminal acts or threaten public
safety.

IV. CORRECTION

The following are the general functions of Correctional Institutions:

1. To maintain the institutions. The correctional component is

responsible for maintaining prisons, jails, and other institutional
facilities o receive convicted offender’s sentences to periods of
incarceration.

2. To protect law abiding members of society. Correction is

responsible for providing custody and security in order to keep
sentenced offenders removed from the free world SO that they
cannot commit further crimes on society.

3. To reform offenders. Corrections is responsible developing and

providing services to assist incarcerated offenders to reform and
assist them in returning to society and in leading a non-criminal
life after the release.

4. To deter crimes. Corrections is responsible for encouraging

incarcerated and potential offenders to lead law-abiding lives and
experience of incarceration and the denial of freedom to live in a
free society.

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Purposes of Corrections:

1. Deterrence.
2. Rehabilitation.
3. Reintegration.
4. Isolation.
5. Punishment.

1. Deterrence is one of the most meaningful principle of corrections. Its concept

is that punishing the criminal will reduce the incidence of criminal behavior in
society.

2. Rehabilitation is being taken in forms of reforming the convicted criminal in

the many aspects of his life, including the moral, spiritual, psychological, and
educational

3. Reintegration is to make both the offender and the society prepared for their
eventual working together again. The offender is being prepared by the
correctional institution to make his reentry to the society fruitful, and the
society to be ready in its acceptance of the rehabilitated offender.

4. Isolation separates the criminal from his family though imprisonment. But
being isolated give beneficial and rewarding outcome to the criminal arid the
community. The offender finds the positive outcome of imprisonment in
terms of personal changes both in personal and professional life.

5. Punishment is a form of disapproval of some behavior followed with the

imposition of penalty that makes the offender stigmatized. The sanction
given serves as self defense of the state in its imposition of punishment.

V. Community is the ultimate destination of every rehabilitated prisoner. As

to how the society accepts a rehabilitated offender, lies the future of the
changed man. There are various ways wherein the society’s role as one of
the pillars of our criminal justice system can be fully used to the
advantage of the reformed prisoner. Provision for employment is

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 essential in order to sustain a descent living, and to prevent a returnee
from going back to the fold of the underworld. Any assistance from the
government comes in terms of looking for a permanent source of income
which becomes the main source of trust given back to the reformed
offender. The community can only reciprocate from this much needed
help by the state through building the lost trust of its members. It is very
important that the rehabilitated man feels this trust in him in order to
gain back his self esteem and confidence.

His family must be his source of strength. The support is very

essential and needed to sustain his determination to become a law
obedient community member again.

Name:_______________________________________ Date: _______________

CHAPTER 9

1. What is Reintegration?

2. What is persecution in a criminal case?

3. What is the concept of deterrence?

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