INTRODUCTION TO CRIMINOLOGY

Criminology – criminology is the study of crimes, criminals and criminal behavior.

Criminology started in Europe.
Crimen- the word crimen means accusation
Logia- the logia means the study of
Paulo Topinard- used the analogous French term criminology.
Raffaele Garofalo –coined the word criminology
R.A 6506 known as “act creating the board of examiners for criminologist in the
Philippines and for other purposes” Criminologist Licensure Examination.
Plaridel Educational Institute (PEI) today known as Philippine College of
Criminology (PCCr) is the first college that offers criminology in the country.
Divisions of Criminology
1. Criminal Etiology – Studying or analyzing the origin of crimes or causes of crimes.
2. Sociology of Law – Scientific study of Law and how law was apply or application
of Law.
Logomacy – “There is no crime if there is no law”
3. Penology / Correction –Analyzing the prison system, punishment means of
correcting and rehabilitation of the criminals.
Correction – institutional (imprisonment) non-institutional (Probation, Parole,
Pardon)
4. Criminalistics / Forensic Science – Study of Criminal things or evidence,
Application of the instruments.
5 Pillars of the CJS
Community

Correction

Court Law inforcement

Prosecution

Nature of Criminology
1. Applied Science – Crime is multidisciplinary / application of several sciences.
2. Social Science – Crime is essential of a healthy society, Crime exist in the society.
3. Dynamic – Crime is changeable, Crime depends upon the society and the
technology.
4. Nationalistic – Crime is based in the existing law a territory.
Object of Interest
1. Crimes
2. Criminal
3. Criminal Behavior
4. Study of the victims / Victimology
Types of Crimes
-Crime is any act or omission punishable by the Law.
Omission - Failure to perform a positive duty punishable by the law. (Bagay na
dapat mong gawin pero hindi mo ginawa)
- Crime as Social act against the norms of the society or act that is harmful to the
norms of the society. Crime is essential to a healthy society.
- Crime is any act cause by a person with abnormal behavior. (Maladaptive,
maladjusted, abnormal behavior)
Specific terms of Crimes
1. Offensive - Crime is any act punishable by special laws, Republic Acts, and
memorandum.
2. Felony - Crime is any act punishable by Revise Penal Code.
3. Misdemeanor – Crimes is ant act punishable by City or municipal Ordinances.
4. Delinquency - Crimes is any act committed by minor offenders. (CICL Child
Conflict with the Law) or delinquent
Criminological Classification of crimes
1. As a result of the crime.
Acquisitive Crime – when the offender acquires something as a consequences
of his criminal act. (Theft, robbery, estafa)
Extinctive Crime – when the result of the criminal is destructive or lost. (Homicide,
murder, infanticide, parricide, arson)
Homicide – it is unlawful killing of a person not constituting murder, parricide or
infanticide
Art. 246. Parricide. — Any person who shall kill his father, mother, or child,
whether legitimate or illegitimate, or any of his ascendants, or descendants, or his
 spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion
Perpetua to death.
Infanticide – it is committed by any of any person who kills a child less than three
(3) years old. The deceased child was less than 72 hours old or 3 days old, the
offender is either the parents, ascendants or even a stranger.
2. As to the time or period committed
Seasonal Crime – those committed only during a certain period of the year
(violation of tax law, violations of the omnibus election code)
Situational Crime – Those committed only when given situation is conductive to
its commission or the opportunity to commit crime a rises. (Anytime of opportunity)
3. As a length of the time committed
Instant Crime – Those committed in the shortest possible time.
Episodic Crime – Those committed by a series of acts undertaken in a lengthy
space of time.
4. As the place of location of the commission
Static Crimes – Those committed in only one place
Continuing Crimes – those that can be committed in several places. (Piracy)
5. As to the use of mental faculties.
Rational Crimes – Those committed with intention and offender is in full
possession of his sanity.
Irrational Crimes – those committed by persons who do not know the nature and
quality of their acts on account of the disease of the mind.
6. As to the type of offenders
White collar crimes – those committed by persons of respectability and of upper
socio- economic class in the course of their occupational activities (Adulteration of
food by manufacturer, fraud) (Taong nabibilang sa mataas na uri ng lipunan na
gumawa ng crimen na kaugnay sa kanyang trabaho o propesyon)
Blue collar crimes – those committed by ordinary professional criminal to
maintain their livelihood (petty thievery) (taong nabibilang sa pangkaraniwang uri
ng lipunan na nakagawa ng crimen na kaugnay sa kanyang trabaho.)

7. As to the standard of living of the criminals

Crimes of the upper world – Falsification cases (taong kabilang sa upper class
of society na nakagawa ng crimen)
Crimes of the underworld – bag snatching (taong kabilang sa lower class of
society na nakagawa ng crimen)

Legal Classification of Crimes

Crimes against National Security and the Law of Nations. (During the war only)
Example: Treason- levying against the country, Espionage (ispiya) Piracy- act of
forcible depredation in any Philippine water.

1. Crimes against the Fundamental Law of the state

Example: Arbitrary Detention, Violation of the Domicile
Arbitrary Detention
a. Any public officer or employee who, without legal grounds, detains a person,
shall suffer the penalty.
(A public officer with power to arrest) (Legal grounds are the following commission
of crime, violent insanity, ailment requires compulsory, confinement in the hospital)
b. failure to deliver the legally arrested person before the judicial authority within
the period prescribed by the law

Warrantless arrest
12 hours light felony- light penalty
18 hours less grade felony – correction penalty
36 hours grave – capital afflictive penalty
Note: holidays weekdays and night days only in working hours.
Delaying release an agent with authority that delayed the release of an offender.
Illegal Detention is committed by a private person while arbitrary detention is
committed by a public officer or employee.

Section two – Violation of Domicile

a. Acts punishable under “Judicial order” refer to a validly issued search warrant
and warrant arrest, entering without judicial authority. Searching papers without
the owner’s consent unless duly authorized by the court.
To be punishable, acts must be committed by authorized a public officer
b. Search warrant is maliciously obtained and abuse in the service of those legally
obtained. ( search warrant last for 10 days only)
Plain view Doctrine evidence that you see even though it is not specified in that
search warrant.
c. Searching should be done with witness it should be the owner, relatives of the
owner, 2 residents presiding in the same barangay.
2. Crimes against Public Order Example: Rebellion, Sedition, Coup d’état
Rebellion or insurrection
a. Committed by rising publicly and taking arms against the government.
b. Act of over throwing away the establish government with numerous number
of people, to remove alliance to the government.
Sedition – the crime of sedition is committed by persons who rise publicly and
tumultuously in order to attain by force, intimidation or other means for a political
and social changes with multitude number of people.

Coup d’état – rebellion is a sudden or swift attack to public utility and offices to
paralyze the government, the principal offenders are the PNP and AFP.

3. Crimes against Public Interest (panloloko)

Example: Forgery, Falsification, Fraud
Forgery – Applies to treasury banks notes or similar instruments like checks for
the purpose of financial gain.
Falsification – applies to public, commercial and public documents and
wireless telegraph and telephone messages. Example: changing the grade of
a bar examiners to make it appear as passing in the records which are in the
offenders custody.
Fraud –
a. In a democracy there must be a free competition which is referred to as the
law of the market, the law punishes the monopolies acts that retrain free
trade and because these acts are truly contrary to public policy where
customers would not be free to exercise their bargaining power. Ex:
substituting and altering trade-mark, trade names and sell the same.
b. Machinations in public occasion (kung ikaw halimbawa ay nakuhanan ng
bangko ng bahay o narimata tapos ang ginawa ng bangko ay betting for the
sake of high profit tapos tinakot mo ang mga taong alam mo na kasama at
kasali sa betting)
4. Crimes against Public Morals Example: Gambling and betting, offenses against
decency and good customs like scandals, obscenity, vagrancy, and prostitution
Gambling a person engages in gambling if he takes the risks something of value
upon the outcome of a contest of chance or future contingent event not under his
control or influence, upon an agreement or understanding that he or someone else
will receive something of value in the event of a certain outcome. (Illegal na
pagsusugal)
 Betting the term bet is defined as the hazard of money upon an incident by
which one or both parties stand to win or lose by chance. It is an agreement to
pay something of value. The parties must take opposite sides in predicting the
outcome of an uncertain event. Example any person who makes, offers or
accept any bet upon the result of any election, or upon the success or failure of
any person or upon the number of votes to be cast, is guilty of gross
misdemeanor.
Offences against decency and good customs like;
Scandals –act that is highly scandalous. A private act that is open to the view
of public. (Sex)
Obscenity – the word “obscene” and the term obscenity may be defined as
meaning offensive to chastity. (kalaswaan, o mga salitang malaswa)
Vagrancy – a person having no permanent means of subsistence who has the
physical ability to work and who leg lets to apply to some lawful calling. (NOT A
CRIME ANYMORE)
Prostitution – woman engage sexual intercourse for money or profit.

5. Crimes Committed by a Public Officer (no man, even a public officer is above
the law) Example: Malfeasance , Nonfeasance, Misfeasance
Nonfeasance neglect of duty (omission)
Malfeasance malicious delay of duty, dishonest activity or misconduct, intentional
commission of prohibited acts. (Gratuity)
Misfeasance improper manner or action, irregularly of performance of duty
(Malversation)

6. Crimes against Person Example: Murder, rape, Physical Injuries

Murder Art. 248. — any person who, not falling within the provisions of Article
246 shall kill another, shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death, if committed with any of the
following attendant circumstances:
Homicide unlawful killing without the presence of qualifying circumstances
(hindi planado).
Qualifying circumstances are the circumstances that changes the nature of a
crime. Those act of killing by means of poison, fire, motor vehicle, evident
premeditation, Treachery ( evident premeditation is that you have the time to
think weather to do your plan of killing or not but still you do the act of killing) (
treachery is that the opponent has no chance to protect herself/ himself)
 Rape two kids of rape (sexual intercourse and sexual assault) that the offender
is a man, that the offender had the carnal knowledge of a woman. That the
carnal knowledge was committed under of any circumstances
a. By using force or intimidation or
b. When a woman is deprived of reason or otherwise unconscious
c. When the woman is under 12 years old or demented even though none of
the circumstances mentioned above be present.
Attempted rape- not touching the lips of the vagina
Consummated rape- totally touch the lips of the vagina
Marital rape- married person (ni-rape ng asawa)
Incestuous rape- a person who rape any of her relatives (blood relation)
Statutory rape- 12 years of age of the demented (nang rape ng bata under 12
years old and below na hindi nya kamag anak)
Fraudulent machination or grave abuse of authority
Physical Injuries
Art. 263. Serious physical injuries. — Any person who shall wound, beat, or
assault another, shall be guilty of the crime of serious physical injuries and shall
suffer:
The penalty of prison mayor, if in consequence of the physical injuries inflicted,
the injured person shall become insane, imbecile, impotent, or blind;
Art. 265. Less serious physical injuries — Any person who shall inflict upon
another physical injuries not described in the preceding articles, but which shall
incapacitate the offended party for labor for ten days or more, or shall require
medical assistance for the same period, shall be guilty of less serious physical
injuries and shall suffer the penalty of arresto mayor.chanrobles virtual law
library

7. Crimes against Properties Example: Robbery and theft (any moveable objects
exempting )
Robbery – means taking personal property of another with intent to gain by
means of violence against persons or intimidation of person using force upon
anything. (For entrance, pumasok sa kahit anong parte ng bahay not intended
for entrace)
Two ways of committing Robbery
 1. By means of violence against or intimidation of persons. Ex: robbery hold-
up, robbery snatching, robbery extortion, robbery with homicide, robbery with
rape, robbery with arson
2. By using force upon things
Theft -just like in the crime of robbery the subject, theft is also personal property
only. Under the law on property, personal properties are those movable
properties. Thus, if the object involved is immovable or real properties the
accused may have committed some other crime but not theft. Taking is done
with intent gain. Taking is without the consent of the owner. Taking is
accomplish without of violence against or intimidation of person or force upon
things. (For exit, not intended for exit)
8. Crimes against Personal Liberty and Security Example: Illegal Detention,
Kidnapping, trespass to dwelling, Threat and coercion
Illegal Detention is the unjustifiable imprisonment or the unlawful deprivation
of liberty of a person by way of arrest for a wrongful cause or suspicion and the
continued restriction of personal freedom by retaining such person in custody.
This is done by a private person.
Kidnapping
Art. 267. Kidnapping and serious illegal detention. — Any private individual
who shall kidnap or detain another, or in any other manner deprive him of his
liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than five days
chanrobles virtual law library
2. If it shall have been committed simulating public authority chanrobles virtual
law library
3. If any serious physical injuries shall have been inflicted upon the person
kidnapped or detained; or if threats to kill him shall have been made
chanrobles virtual law library
4. If the person kidnapped or detained shall be a minor, female or a public
officer chanrobles virtual law library
If the offender shall voluntarily release the person so kidnapped or detained
within three days from the commencement of the detention, without having
attained the purpose intended, and before the institution of criminal proceedings
against him, the penalty shall be prison mayor in its minimum and medium
periods and a fine not exceeding seven hundred pesos

Trespass to dwelling any private person who shall enter the dwelling of
another against the latters will shall be punish , any person that will enter to the
property without the permission of the owner.
 Threat statement that someone will hurt or harmed if the person does not do
something in particular

Coercion (pamimilit)

9. Crimes against Chastity (private crimes) Example: Concubine, Adultery,

Seduction, Abduction Acts of Lasciviousness Chastity
Concubinage any husband who shall keep a mistress in the conjugal dwelling,
or, shall suffer intercourse, under scandalous circumstances under scandalous
circumstances, with a woman who is not his wife or shall be punished by prison
correctional in its minimum and medium periods.
Adultery The woman is married, she has sexual intercourse with a man not
her husband and as regards the man with whom she has sexual intercourse,
she must know her to be married.
Seduction the seduction of a virgin over twelve years and under eighteen years
of age, committed by a person in public authority, priest , house servant,
domestic, guardian, teacher or any person in any capacity, shall be entrusted
with education or custody shall be punish. Any person who shall seduce his
sister or descendant, whether or not a virgin or over eighteen years of age
Abduction Acts of Lasciviousness
Offender commits any acts of lasciviousness or lewdness upon other person of
either sex under the circumstances. It is committed by using force or
intimidation, when the offended party is deprived of reason or otherwise
unconscious, when the offended party is under 12 years of age. The offended
party is another person of either sex.

10. Crimes against Civil Status of Persons Example: Bigamy, and other Illegal
Marriages

Bigamy and other Illegal Marriages

Bigamy shall imposed upon any person who shall contract a second or
subsequent marriage has been legally dissolved, or before the absent spouse
has been declared presumptively dead by means of judgment rendered in the
proper proceedings.
 11. Crimes against Honor Example: Libel, Oral Defamation
Libel public and malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a natural or juridical person, or to
blacken the memory of one who is dead. (Insulting by writing it maybe in the
social media)
Oral Defamation or slander - serious and insulting nature in verbal (insulting
by oral)
Slander by deeds – ipinahiya sapamamagitan ng actions
12. Quasi-offenses or Criminal Negligence Example: Imprudence and
Negligence
Imprudence any act in which had been intentional, would constitute a grave
felony, in damage to property of another. (kapabayaan)
Negligence any act due to neglection of duty. Voluntary but not intentional.
The Criminals
- A person who has committed a crime and has been convicted by a court of the violation
a criminal law (legal definition) (nahatulan ng pagkabilanggo)
- a person who violated a social norm or one who did an anti-social act. (social definition)
(taong nilabag ang batas ng lipunan)
- a person who violated rules of conduct due to behavioral maladjustment.(psychological
definition) (taong nilabag ang batas ng wala sa tamang pag iisip)
Criminological Classification of Criminals
A. Based on Etiology
1. Acute Criminal (By emotions) one who violates a criminal law because of
impulse or fit of passion: they commit passionate crimes.(taong nakagawa ng
krimen dahil sa matinding emosyon na nararamdaman)
2. Chronic Criminal (by intent) is one who commits crimes acted in consonance
of deliberated thinking they plan the crime a head of time: they are targeted
offenders (taong nagcommit ng crime na naglaan ng oras o nagplano sa
paggawa ng krimen)
B. Based on Behavioral System
1. Ordinary Criminal (Situational) is considered the lowest form of criminal in a
criminal career: does not stick to crime as a profession but rather pushed to
commit crimes due to great opportunity.(pinakamababang criminal na
gumagawa ng crime sat wing may opportunity)
2. Organized Criminal (for financial) one who associate himself with another
criminal to earn a high degree of organization to enable them to commit crimes
easily without being detected by authorities.(taong naghahanap ng kasama
upang makapagcommit ng crime ng hindi nahuhuli ng mga authority)
 3. Professional Criminal (livelihood) is a person who engaged in criminal
activities with high degree(taong nagcocommit ng crime gamit ang kanyang
trabaho)
C. Based on activities
1. Professional Criminals (they been a criminal because they made the crime
for they daily income or source of livelihood this is just like the previous
professional criminal dalawa lang ang binagsagan pero pareho ng meaning)
this are those who practice crime as a profession for a living: criminal activity is
constant in order to earn skill and develop ability in their commission.
2. Accidental Criminals are those who commit crimes when the situation is
conductive to its commission.
3. Habitual Criminals are those who continue crime because of deficiency of
intelligence and lack of self-control
D. Based on Mental Attitudes
1. Active Criminals are those who commit crimes due to aggressiveness.
2. Passive Inadequate Criminals are those who commit crimes because they
are pushed to it by reward or promise.
3. Social Delinquencies are criminals who are normal behavior but defective in
their socialization process or development.
Legal Classification of Criminals
1. Habitual Delinquent- elements with 10 years from the date of release/ last
conviction: serious/ less serious physical injury, Falsification, estafa and
robbery: third time or oftener (criminal
2. Recidivist – crimes that is under legal classification of crimes. Committing
same crime under the same tittle.

Criminal Behavior
– Is an intentional behavior that violates a criminal code
– May also refer to the study the human conduct focused on the mental processes
of the criminals: the way he behaves or acts including his activities and the causes
and influences if his criminal behavior.
Victimology
– study of victims of crimes and contributory role, if any, in crime causation.
– It also the scientific process of gaining substantial amounts of knowledge on
offender characteristics by studying the nature of victims.
Approaches And Theories Of Crime
-it deals of idea and explanation particular individual commit a crime.
The Approaches In The Study Of Crime:
1. Subjective Approach
2. Objective Approach
3. Contemporary Approach

 Subjective Approaches- it deals mainly on the biological explanation of crimes,

focused on the forms of abnormalities that exist in the individual criminal before,
during and after the commission of the crime.
1. Anthropological Approach- study on the physical characteristics of an
individual offender with non-discover differences covering criminal behavior.
2. Medical Approach- the application of medical examinations on the
individual criminal explain the mental and physical condition of the individual
prior and after the commission of the crime.
3. Biological Approach- the evaluation of genetic influences to criminal
behavior. It is noted that heredity is one force pushing the criminal to crime.
4. Physiological Approach- the study on the nature of human being
concerning his physical needs in order to satisfy his ants. It explains that the
deprivation of the physical body on the basic needs is an important
determiner of the commission if crime.
5. Psychological Approach- it is concerned about the deprivation of the
psychological needs of man, which constitute the development of deviations
of normal behavior resulting to unpleasant emotions.
6. Psychiatric Approcah- the explanation of crime through diagnosis of
mental diseases as a cause of the criminal behavior.
7. Psychoanalytical Approach- the explanation of crimes based on the
Freudian Theory, which traces behavior as the deviation of the repression of
the basic drives.
3 Elements Of Personality
 Id- pleasure
 Ego- reality
 Super ego- conscience
 Objective Approach- deals on the study of groups, social processes and
institutions as influences to behavior. They are primarily derived from social
sciences.
1. Geographic Approach- considers topography, natural resources,
geographical location, and climate lead an individual to commit crime.
2. Ecological Approach- it is concerned with the biotic grouping of men
resulting to migration, competition, social discrimination, division of labor and
social conflict as factors of crime.
 3. Economic Approach- it deals with the explanation of crime concerning
financial security of inadequacy and other necessities to support life as
factors to criminality.
4. Socio – Cultural Approach- those that focus on institutions, economic,
financial, education, political, and religious influences to crime.
5. Contemporary Approach- this is focused on the psychoanalytical,
psychiatric and sociological explanations of crime in an integrated theory- an
explanatory perspective that concepts drawn from different sources.
The Importance Of Theory
Theory- is any system of ideas arranged in rational order that produce general principles
which increase our understanding and explanations.
Ideally, Theory Should:
Focus attention on a particular phenomenon
Fit the known facts about a particular phenomenon
Contribute to scientific paradigms
Provide a way it can be tested or falsified
Establish boundaries and domains by which laws and truth statements can be
generalized; and
Enable propositions which can be added or compared to those of other theories.
Pre Classical Era
Demenological Theory- before the development of more scientific theories of
criminal behavior one of the most popular explanations was DEMENOLOGY(HAGAN
1990)
-individuals were thought to be possessed by good or evil spirits, which caused
good or evil behavior.
-maintains that criminal behavior was believed to result of evil spirits and demons
something of natural force that controls his/her behavior.
Pre Twintieth Century Theories (18th Century)
Classical School Of Criminology
-free will to choose between good and evil therefore there’s a placed upon the
criminal himself; that every men is responsible for his act.
Neo-Classical- argued that situations or circumstances that made it impossible to
exercise freewill are reasons to exempt the accused from conviction
 -maintain that while the classical doctrine is correct in general it should be modified
in certain details that children and lunatics should not be regarded as criminals
and free from punishment it must take into account certain mitigating
circumstances.
Positivist/ Italian School (1836-1909)
-maintained that crime as any other act is a natural phenomenon and is
comparable to disaster or calamity
- crime as a social and moral phenomenon which cannot be treated and checked
by the imposition of punishment but rather rehabilitation or the enforcement or
individual measures.
Cesare Lambroso (1836-1909)
“Father Of Modern Criminology”
-leader of the positivist school
- CRIMES: ITS CAUSES and REMEDIES
- Ideas and the classification of the criminal
Born Criminals- criminal behavior inherited
Criminal By Passion- individuals who are easily influenced by great emotions like fit of
anger.
Insane Criminal- commits crime due to less psychological stamina /self-control
exempted from criminal liability.
Criminoloid- commits crime due to less stamina/ self-control.
Occational Criminal- those who commit crime due to insignificant reasons that pushed
them to give occasion
Pseudo Criminals- those who kill in self-defense.
Enrico Ferri
-his greatest contribution was his attack on the classical doctrine of free will, that the
criminals should be held responsible for their crimes because they must have made a
rational decision to commit crime.
- he believe that the criminals could not be held morally responsible for their crime
because they didn’t choose to commit crimes its just that they are driven to commit that
strict coherence to preventive measures based on scientific methods would eventually
reduce crime and allow people to live together in society with less dependent on penal
system.

Rafalle Garofalo
-he rejected the doctrine of free will and supported the position that the only way to
understand crime was to study it by scientific methods
-roots of criminal behavior not to physical features but to their psychological equivalents,
which he called “moral anomalies” – according to this theory, natural crimes are found
in all human societies, regardless of the view of lawmakers and no civilized society can
afford to disregard them.
Types Of Criminal By Rafalle Garofalo
1. Murderers- those who are satisfied from vengeance/revenge.
2. Violent Criminals- are those who commit very serious crimes.
3. Deficient Criminals- those who commit crime against property
4. Lascivious Criminals- those who commit crime against chastity

CLASSICAL SCHOOL POSITIVIST SCHOOL

 Legal definition of crime  No to legal definition

 Punishment fit the crime
 Doctrine of free will
 Death penalty allowed
 No empirical research
 Definite sentence
 Punishment fit the criminal
 Doctrine of determinism
 Abolition of death penalty
 Introductive method
 Indeterminate sentence

EARLY TWENTIETH CENTURY

-this became the Rise Of The Socioilogical Perspectives on crimes, criminals
and behavior.
-it also includes the theories which promotes that people’s behavior bears some
relationship to their biological and psychological constitution.

DAVID EMILE DURKHEIM (FRENCH, 1858-1917) advocate the “Anomie Theory” –

theory that focused on the sociological point of the positivist school which explains that
the absence of norms in a society provides a setting conductive to crimes and other
anti- social act, according to him, the explanation of human conduct lies not in the
individual but in the group and the social organization.
Durkheim Proposed Principles
 Crime is a natural thing in the society,
 The concept of wrong is necessary to give meaning to right.
 Crime help the society for changes- it means that a society to be flexible to
permit positive deviation must permit negative deviation as well.

Sigmund Freud (1856-1969)

-Psychologists have considered a variety of possibilities to account for individual
differences- defective conscience, emotional immaturity, inadequate childhood
socialization, maternal deprivation, poor moral development.
-The Freudian view on criminal behavior was based on the use of Psychology in
explaining an approach in understanding criminal behavior
Freud Psychoanalytical Theory
 Criminal behavior is a form neurosis, that criminality may result from an over
active conscience.
 Crime is the result of the compulsive need for punishment to alleviate guilt and
anxiety.
 Criminal behavior is a means of obtaining gratification of need.
 Criminal conducts represent a displaced hostility. Criminality is essentially a
representation of psychological conflict.
Robert Ezra Park (1864-1944)
-is a strong advocate of the scientific method in explaining criminality but he is a
sociologist. He advocated the “Human Ecology Theory”.
Human Ecology Theory
- study of the interrelationship of people and their environment.
-this theory maintains that crime is a function of social change that occurs along
with environmental change.
-it also maintains that the isolation, segregation, competition, conflict, social
contract, interaction and social hierarchy of people are the major influences of criminal
behavior and crimes.
Middle Twentieth Century
Ernest Kretschmer (1888-1964)
-he originated the idea of Somatotyping Theory, he is a German Psychiatrist.
-he distinguished three principles of physique as:
 Asthenic- lean, slightly built, narrow shoulders
 Athletic- medium to tall, strong, muscular, course bones
 Pyknic- medium height, rounded figure, massive neck, broad face
Kretschmer related this body physiques to various psychotic behavioral patterns:
Pyknic to manic depression, asthenics and athletics to schizophrenia.
William H. Sheldon (1898-1977)
-is an influenced of the Somatotype School as the of Criminology, which related body
built to behavior.
-he became popular of his own Somatotyping Theory.
-his key ideas are concentrated on the principle of “Survival of the Fittest” as a
behavioral science.
-he combines the biological and psychological explanation to understand deviant
behavior.
Sheldon’s Somatotyping Theory
-maintains the belief of inheritance primary determinants of behavior and the physique
is a reliable indicator of personality
Classification Of Body Physique By Sheldon
a. Endomorphy - a type of with relatively predominance of soft, roundness
throughout the regions of the body. They have low specific gravity. Persons with
typically relaxed and comfortable disposition.
b. Mesomorphy- athletic type, predominance of muscle, bone and connective
tissue, normally heavy, hard and firm, sting and tough. They are the people who
are routinely active and aggressive and they are most likely to commit crimes
c. Ectomorphy - thin physique, flat chest, delicacy through the body, slender,
poorly muscled. They tend to look more fatigue and withdrawn.
Edwin Sutherland (1883-1950)
-he was considered as the “Dean Of Modern Technology”
-has been referred to as “the most important criminologist of the twentieth
century” because his explanation about crime and criminal behavior can be seen as a
corrected extension of social perspective.
Differential Association Theory -he advocated the DAT which maintains that the
society is composed of different group organization, the societies consist of a group of
people having criminalistics tradition and anti-criminalistics tradition.
-and that criminal behavior is learned and not inherited. It is learned through the
process of communication, and learning process includes technique of committing the
crime, motive and attitude.
Sutherland’s Nine Propositions
1. Criminal behavior is learned.
2. Crime is learned by participation with others in verbal and non-verbal
communications.
3. Families and friends have the most influence on learning process.
4. The learning process includes the techniques of committing the crime and the
specific direction of motives, drive and attitude.
5. Not everyone in the society agrees that the laws should be obeyed; some people
define it unimportant.
6. A person becomes delinquent because of an excess definition favorable to the
violation of laws over to the definitions unfavorable to the violation of laws.
7. Differential associations vary in frequency, duration, priority and intensity. The
extent to which associations and definitions will result in criminality is related to
the frequency of contacts and their meaning to the individual.
8. 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.
9. While criminal behavior is an expression of general needs and value, it is not
explained by those general needs and values, since non-criminal behavior is an
expression of the same needs and values.
Walter Reckless (1899-1988)
-A broad analysis of the relationship between personal and social controls founded in
his theory.
Containment Theory- this theory is a form of control, which suggests that a series of
both internal and external factors contributes to criminal behavior.
-this theory assumes that for every individual there exists a containing external
structure and a protective internal structure, both of which provide defense, protection
or insulation against crime or delinquency.
According to Walter Reckless the outer structure of an individual are the external
pressures such as poverty, unemployment and blocked opportunities while the inner
containment refers to the person’s self-control ensured by strong ego, good self image,
well developed conscience, high frustration tolerance and high sense of responsibility.
Karl Marx, Frederick Engel, Willem Bonger (1818-1940)
-they are the proponents of the Social Class Conflict And Capitalism Theory
Karl Marx And Frederick Engel- claims that the ruling class in a capitalist society is
responsible for the creation of criminal law and their ideological bases in the
interpretation and enforcement of the law. All are reflected in the ruling class, thus
crime and delinquency are reflected on the demoralized surplus of population, which is
made up of the underprivileged usually the unemployed and underemployed.
Willem Bonger- a Marxist-Socialist, on the other hand, placed more emphasis on
working about crimes of economic gain. He believes that profit- motive of capitalism
generates an egoistic personality. Crime is an inevitable outcome.
Late 20th century: The Contemporary Pioneers
Robert King Merton (1910)
-is the premier sociologist of the modern days who, after Durkheim, also related the
crime problem to anomie.
Strain Theory - which maintains that the failure of man to achieve a higher status of
life caused them to commit crimes in order for that status/goal to be attained.
-he argued that crime is a means to achieve goals and the social structure is the root
of the crime problem.
-Merton’s explanation to criminal behavior assumes that people are law abiding but
when under great pressure will result to crime.
Albert Cohen (1918)
-he advocated the Sub-Culture Theory Of Delinquency
-he claims that the lower class cannot socialize effectively as the middle class in what
is considered appropriate middle class behavior. Thus, the lower class gathered
together share their common problems, forming a subculture that rejects middle class
values. He called this process as Reaction Formation. Much of this behavior comes
to be called delinquent behavior; the subculture is called a gang and the kids are called
delinquents. He put emphasis on the explanation of prevalence, origins, process and
purposes as factors to crime.
Gresham Sykes (1922)
-he advocated the Neutralization Theory- it maintains that an individual will obey or
disobey societal rules depending upon his or her ability to rationalize whether he is
protected from hurt or destruction. People become law abiding if they feel they are
benefited by it and they violate it if these laws are not favorable to them.
Lloyd Ohlin (1928)
-he advocated the Differential Opportunity Theory- this theory explained that society
leads the lower class to want things and society does things to people.
-he claimed that there is differential opportunity, or access, to success goals by both
legitimate and illegitimate means depending on the specific location of the individual
with in the social structure.
Frank Tennenbauin, Edwin Lemert, Howard Becker (1822-1982)
Labelling Theory
-they advocates the it is when a person was described or labeled as such.
Earl Richard Quinney (1934)
-he is a Marxist Criminologist who advocated the Instrumentalist Theory- he
argued that the state exist as a device for controlling the exploited class- the class that
labors for the benefit of the ruling class. He claims that upper classes create laws that
protect their interest and at the same time the unwanted behavior of all other members
of society.
Major Contribution Of Quinney:
-he proposed the shift in focus from looking for the causes of crime from the individual
to the examination of the Criminal Justice System for clues.
Other Theorists
Charles Darwin’s Theory
-in the Theory Of Evolution, he claimed that humans, like other animals, are parasite.
Man is an organism having an animalistic behavior that is dependent on other animals
for survival. Thus, man kills and steals to live.
Charles Goring’s Theory (1870-1919)
-he concluded that there is no such thing a physical chemical type. He
contradicted the Lombroso’s idea that criminality can be seen through features alone.
He also accepted that criminals are physically inferior to normal individuals in the
sense that criminals tend to be shorter and have less weight than non-criminals.
Earnest Hooton’s Theory
-anthropologist who found out that “ Tall thin men tend to commit forgery and
fraud, undersized men are thieves and burglars, short heavy person commit assault,
rape and other sex crimes; where mediocre (average) physique flounder around
among other crimes”.
- also he contented that criminals are originally inferior; and that crime is the result
of the impact of environment.
Adolphe Quetelet
- “Carthographical School Of Criminology” he discovered that crimes against
persons increased during summer and crimes against property tend to increase during
winter.
Daniel Glasser Differential Identification Theory – copying the person being idolize
Thorsten Sellin “Conflict Of Culture Theory” - the multiplicity of incompatible culture
is the main source of social organization.
Gabriel Tarde Theory Of Imitation - suggestion this the conscious and unconscious
copying
Alphonse Bertillon
-he is responsible for classifying criminals according to the body measurements.
Giam Battista Dela Porta and Kasper Lavater – Physiognomy study of facial
features of the criminals
Franz Joseph Gall and Johann Spurheim – Phrenology study of the shape of the
skull of the criminals
 CHAPTER TWO
APPROACHES AND THEORIES OF CRIME
 It deals of idea and explanation particular individual commit a crime
THE APPROACHES IN THE STUDY OF CRIME:
- SUBJECTIVE APPROACH
- OBJECTIVE APRROACH
- CONTEMPORARY APPROACH
SUBJECTIVE APPROACH
 It deals mainly on the biological explanation of crimes, focused on the forms of
abnormalities that exist in the individual criminal before, during and after the
commission of the crime.
 1. ANTHROPOLOGOCAL APPROACH- study on the physical characteristics of
an indibidual offender with non discover differences covering criminal behavior.
 2. MEDICAL APPROACH- the application of medical examinations on the
individual criminal explain the mental and physical condition of the individual prior
and after the commission of the crime
 3. BIOLOGICAL APPROACH- the evaluation of genetic influences to criminal
behavior. It is noted that heredity is one force pushing the criminal to crime.
 4. PHYSIOLOGICAL APPROACH- the study of nature of human being
concerning his physical needs in order to satisfy his ants. It explains that the
deprivation of the physical body on the basic needs is an important determiner of
the commission if crime.
 5. PSYCHOLOGICAL APPROACH- it is concerned about the deprivation of the
psychological needs of man,which constitute the development of normal behavior
resulting to unpleasant emotions.
 6. PSYCHIATRIC APPROACH- the explanation of crime through diagnosis of
mental diseases as a cause of the criminal behavior
 7. PSYCHOANALITICAL APPROACH- the explanation of crimes based on the
Freudian Theory, which traces behavior as the deviation of the repression of the
basic drives.
3 ELEMENTS OF PERSONALITY:
 ID – pleasure
 EGO – reality
 SUPER EGO – conscience
OBJECTIVE APPROACH
 deals on the study of groups, social processes and institutions as influences to
behavior. They are primarily derived from social sciences.
 1. GEOGRAPHICAL APPROACH- considers topography, natural resources,
geographical location, and climate lead an individual to commit crime.
 2. ECOLOGICAL APPROACH- it is concerned with the biotic grouping of men
resulting to migration, competiton, social discrimination, division of labor and
social conflict as factors of crime.
 3. ECONOMIC APPROACH- it deals with the explanationof crime concerning
financial security of inadequacy and other necessities to support life as factor
to criminality.
 4. SOCIO-CULTURAL APPROACH- those that focus on institutions,
economic financial, education, political, and religious influences to crime.
CONTEMPORARY APPROACH
 this is focused on the psychoanalytical, psychiatric and sociological explanations
of crime in an integrated theory- an explanatory perspective that concepts drown from
different sources.
THE IMPORTANCE OF THEORY
THEORY- is any systems of idea arranged in rational orders that produced general
principle which increase our understanding and explanations.
IDEALLY, THEORY SHOULD
 Focused attention on a particular phenomenon
 Fit the known facts about a particular phenomenon
 Contribute to scientific paradigms
 Provide a way it can be tested or falsified
 Establish boundaries and domains by which laws and truth statements can be
generalized; and
 Enable propositions which can be added or compared to those of other
theories:
THEORY- foundation of criminology and of criminal justice
THEORIES OF CRIME
EARLY BEGINNINGS
THE DEMONOLOGICAL THEORY
 One of the most popular explanations
 Individuals were thought to be possessed by good or evil spirits, which
caused good or evil behavior.
CLASSICAL- maintain that human are totally responsible for their action
NEO-CLASSICAL SCHOOL OF CRIMINOLOGY- there are situation or circumstances
that made itimpossible to exercise the freewill are reason to exempt the accused from
conviction.
POSITIVIST/ ITALIAN SCHOOL- proposed by Cesare Lambroso
-who agreed that in the study of crime the emphasis should be on scientific
treatment of the criminal, not on the penalties to be imposed after conviction (natural
phenomenon)
CESARE LAMBROSO (1936-1909) “Father of Modern Criminology”- an Italian leader
of positivist school of criminology.
MAJOR CONTRIBUTION
-Development of a scientific approach to the study of criminal behavior and to reform
the criminal law.
“CRIME: IT’S CAUSES AND REMEDIES”- he wrote that essay, contains his keys
ideas and the classifications of criminals.
CLASSIFICATION OF CRIMINALS BY LOMBROSO
1. BORN CRIMINALS - the belief that being criminal behavior iss inherited.
2. CRIMINAL BY PASSION - individuals who are easily influence by great emotions.
3. INSANE CRIMINALS - who commit crimes due to abnormalities or psychological
disorders.
4. CRIMINOLOID - who commits crime due to less physical stamina/ self-control.
5. OCCASINAL CRIMINALS - who commit crime due to insignificant reasons or
accidental.
6. PSEUDO-CRIMINALS - those who kill on self-defense.
SIGMUND FRUED (1856-1969)
 Psychologist have considered a variety of possibilities to account for individual
differences-defective conscience, emotinal immaturity, inadequate childhood
socialization, maternal deprivation, poor moral development.
 The Freudian view on criminal behavior was based on the used of Psychology in
explaining an approaches in understanding criminal behavior.
FREUD PSYCHOANALITICAL THOERY:
 Criminal behavior is form neurosis, that criminality may result fron an over active
conscience.
 Crime is the result of the compulsive need for punishment to alleviate guilt and
anxiety.
 Criminal behavior is a means of obtaining gratification of need.
 Criminal conducts represent a displaced hostility. Criminality is essentially a
representation of psychological conflict.
ROBERT EZRA PARK (1864-1944)
 is a strong advocate of the scientific method in explaining criminality but he is a
sociologist. He advocated the “HUMAN ECOLOGY THEORY”.
HUMAN ECOLOGY THEORY- study of the interrelationship of the people and their
environment.
 this theory maintains that crime is a function of social change that occurs along
with environmental change.
 it also maintains that the isolations, segregation, competition, conflict, social
constract, interaction and social hieriarchy of people are the major influences of
criminal behavior and crimes.
MIDDLE TWENTHIETH CENTURY
ERNEST KHRESTMER (1988-1964)
-He originated the idea of SOMATOTYPING THEORY
-He is a German Psychiatrist
-He distinguised the three principles of physique as:
1. ASTHENIC- lean, slightly built, narrow shoulders
2. ATHLETIC- medium to tall, strong, muscular, course bones
3. PYKNIC- medium height, rounded figure, massive neck, broad face
Kretschmer related this body physiques to various psychotic behavioral patterns:
Pyknic to manic depression, asthenics and athletics to schizophrenia.
WILLIAM H. SHELDON (1898-1977)
-is an influenced of the Somatotype School as the Crominology, which related body
built to behavior.
-he became popular of his own Somatotyping Theory.
-his key ideas are concentrated on the principle of “Survival of the Fittest” as a
behavioral science
-he combines the biological and psychological explanation to understand deviant
behavior.
SHELDON’S SOMATOTYPING THEORY
 Maintains the belief of inheritance primary determinants of behavior and the
physique is a reliable indicator of personality.
LOMBROSO’S TWO STUDENTS:
 Enrico Ferri
 Raffaele Garofalo
ENRICO FERRI (1856-1929)
-he best kown as lambroso’s associate,perlamentarian, accomplished public lecturer,
brilliant lawyer, editor and scholar.
-although he agreed with Lobroso on the biological bases of criminal behavior , his
interest on SOCIALISM led him to recognize the importance of social, economic and
political determinants.
GREATEST CONTRIBUTION:
-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 the crime.
RAFFAELE GAROFALO (1852-1934)
-follower of Lombroso, Italian nobleman,magistrate, senator and professor of law.
-he rejected the doctrine of free will and supportedthe position that the only way to
understand crime was to study it by scientific methods.
-he traced the roots of criminal behavior not to physical features but to their
psychological equivalents, which called “moral anomalies”.
TYPES OF CRIMINAL BY GAROFALO
 MURDERERS- those who are satisfied from vengeance/revenge.
 VIOLENT CRIMINALS- those who commit very serious crimes.
 DEFICIENT CRIMINALS- those who commit crimes against property.
 LASCIVIOUS CRIMINALS- those who commit crime against chastity.
CLASSICAL SCHOOL POSITIVIST SCHOOL
 Legal definition of crime  No to legal definition
 Punishment fit the crime  Punishment fit the criminal
 Doctrine of free will  Doctrine of determinism
 Death penalty allowed  Abolition of death penalty
 No emperical research  Introductive method
 Definite sentence  Indeterminate sentence

EARLY TWENTHIETH CENTURY

-this became the RISE OF THE SOCIOLOGICAL PERSPECTIVES on
crimes,criminals and behavior.
-it also includes the theoris which promotes that people’s behavior bears some
relationship to their biological and psychological constitution.

DAVIL EMILE DURKHEIM (FRENCH,1958-1917)

-advocate the “Anomie Theory”- theory that focused on the sociological point of the
positivist school which explains that the absence of norms in a society provides a
setting conducsive to crime s and other anti social act.
-according to him, the explanation of human conduct lies not in the individual but in the
group and the social organization.
DURKHEIM PROPOSED PRINCIPLES:
 Crime is natural thing in the society
 The concept of wrong is necessary to give meaning to right
 Crime help the society for changes. It means that a society to be flexible to
permit positive deviation must permit negative deviation as well.
CLASSIFICATION OF BODY PHYSIQUE BY SHELDON
 ENDOMORPHY- a type of with relatively predominance of soft, roundness
throughout the regions of the body. They have low specific gravity. Persons with
typically relaxed and comfortable disposition.
 MESOMORPHY- athletic type, predominance of muscle, bone and connective
tissue, normally heavy,hard and firm,sting and tough. They are the people who are
routinely active the agressive and they are most likely to commit crimes.
 ECTOMORPHY- thin physique, flat chest, delicacy through the body, slender,
poor muscled. They tend to look more fatigue and withdrawn.

EDWIN SUTHERLAND (1983-1950)

 Considered as the “ Dean of the Modern Technology”
 Has been referred to as “the most important criminologist of the twenthieth
century” because his explanation about crime and criminal behavior can be seen as
a corrected extension of social perspective.
 He advocate the DAT- Differential Association Theory which maintains that the
society is composed the different group organization, the societies consist of a
group of people having criminalistics tradition.
 And that criminal behavior is learned and not inherited. It is learned through the
process of communication,and learning process includes technique of commiting
the crime, motive and attitude.
SUTHERLAND’S NINE PROPOSITIONS
 Criminal behavior is learned.
  Crime is learned by participation by others in verbal and nonverbal
communications.
 Families and friends have the most influence on learning process.
 The learning process includes the techniques of commiting the crime and specific
direction of motives, drive and attitudes.
 Not everyone in the society agrees that the laws should be obeyed; some people
defined it unimportant.
 A person became delinquent because of an access definition favorable to the
violations of laws over to the definitions unfavorable to the violations of law.
 Differntial association vary in frequency, duration, priority and intensity. The
extent to which associations and definitions will result in criminality is related to the
frequency of contacts and their meaning to the individual.
 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.
 While criminal behavior is an expression of general needs and value, it is not
explained by those generals need and values, since non criminal behavior is an
expression of the same needs and values.

WALTER RECKLESS (1899-1988)

 A broad analysis of the relationship between personal and social controls
founded in his theory.
CONTAINMENT THEORY
 This theory is a form of control, which suggest that a series of both internal and
external factors contributes to criminal behavior.
 This theory assumes that for every individual there exist a containing external
structure and a protective internal structure, both of whic provide defense, protection or
insulation against crime or delinquency.
Acoording to Reckless- the outer structure of an individual are the external pressure
such as poverty, unemployment and block oppurtunities while the inner containment
referrs to the person’s self-control ensured by strong ego, good self image, well
developed conscience, high frustration tolerance and high sense of responsibility.
KARL MARX, FREDERICK ENGEL, WILLEM BONGER (1818-1940)
 They are the proponents of the SOCIAL CLASS CONFLICT AND CAPITALISM
THEORY
KARL MARX AND FREDERICK ENGEL
 Claims that the ruling class in a capitalist society is responsible for the creation of
criminal law and their ideological bases in the interpretation and enforcement of the
law. All are reflected in the ruling class, thus crime and delinquency are reflected on
the demoralized surplus of population, which is made up of the under privelleged
usually the unemployed and underemployed.
WILLEM BONGER
 Marxist-Socialist, on the other hand, placed more emphasis on working about
crimes of economic gain. He believes the profit-motive of capitalism generates an
egoistic personality. Crime is an inevitable outcome.
LATE 20TH CENTURY: THE CONTEMPORARY PIONEERS
ROBERT KING MERTON (1910)
 Is the premier sociologist of the modern days who, Durkheim, also related the
crime problem to anomie. He advocated the STRAIN THEORY- which maintains that
the failure of man to achieve a higher status of life caused them to commit crime in
order for that status/goal to be obtained.
 He argued that crimes is a means to achieve goals and the social structure is the
root of the crime problem.
 Merton’s explanation to criminal behavior assumes that people are law abiding
but when under great pressure will result to crime.

ALBERT COHEN (1918)

 He advocated the SUB-CULTURE THEORY OF DELINQUENCY
 He claims that the lower class cannot socialize effectively as the middle class in
what is considered appropriate middle class behavior. Thus, the lower class gathered
together shared their common problems, forming a subculture that rejects middle class
values. He called his process as REACTION FORMATION. Much of this behavior
comes to be called delinquent behavior; th subculture is called a gang and the kids are
called delinquents. He put emphasis on the explanation of prevalence, origins, process
and purpose as factors to crime.

GRESHAM SYKES (1922)

 He advocated the NUETRALIZATION THEORY- it maintains that an individual
will obey or disobey societal rules depending upon his or her ability to rationalize
whether he is protected from hurt or destruction. People became law abiding if they
feel they are benefited by it and they violate it if these laws are not favorable to them.
LLOYD OHLIN (1928)
 He advocate the DOT-DIFFERENTIAL OPPORTUNITY THEORY- this theory
explained that society leads the lower class to want things and society does thing to
people.
 He claimed that there is differential oppurtunity, or access goals by both
legitimate and illegitimate means depending on the specific location of the individual
with the social structure.
 Lesson Three
The Study of Criminal Behavior

Freud postulated the existence a three part personality consist of Id, Ego,
Superego which operated in instant conflict with one another producing the basic
problem of guilt which required the use of one or more defense mechanism.
Id- Pleasure Principle
Ego- Reality Principle
Superego- Voice of Conscience
Defense Mechanism
 Sublimation- Negative feelings change into positive actions
 Regression- When you’re hurt ,you’re going/saying to your mother
 Denial/Intellectualization- Unacknowledged or treated unemotionally
 Projection- You’re fault but your judging it for others
 Fixation- Develop fear or phobias
 Undoing- Makin an amends/apologies to lessen your guilt feelings
 Reaction Formation- Id and superego are so strong that person does the
opposite of both
 Displacement- When you’re guilty and your trying to beat or do something in
anything just to lessen your guilt
Classification of Behavior
Normal Behavior (adaptive or adjusted)
A normal person is characterized by:
1. Efficient perception of reality
2. Self knowledge
3. Ability to exercise voluntary control over his behavior
4. Self-esteem and acceptance
5. Productivity
6. Ability to form affectionate relationship with others
Abnormal Behavior (maladaptive or maladjusted)
Kinds of Behavior
 Overt- manifested that are directly observable
  Covert- hidden
 Conscious- acts with level of awareness
 Unconscious- acts that are embedded in one’s subconsciousness aware
 Simple- less number of neurons
 Complex- more number of neurons
 Rational- full capabilities (with sanity)
 Irrational- lunatic/children
 Voluntary- an act done with full volition to decide/choose
 Involuntary- bodily process
Aspect of Behaviors
 Intellectual Aspect- pertains to our way of thinking ,reasoning information, and
copying with the environment.
 Emotional Aspect- pertains to our feelings, moods, temper and strong emotions.
 Social Aspect- pertains how to interact or relate with the other people.
 Moral Aspect- refers to our conscience or concept what is good or bad.
 Political Aspect- pertains to our ideology towards society governments.
 Value/Attitude- pertains to our interest towards something, like or dislike.
 Psychosexual- pertains to our being man or woman, the expression of love.
Criminal Formula (Abraham Sen)
 Criminalistic tendency(T) (desire/intent)
 Total situations(S) (opportunity)
 Resistance of temptation(R) (control)
 Crime/Criminal Behavior(C) (act)
 C=T+S/R
Determinants of Behavior
Heredity(Biological Factors)
 Refers to genetic influence
 “Criminals are born”
Family Background
 Cradel of human personality
Childhood Trauma
 The experience that affect the feeling of security of a child undergoing
development
Pathogenic Family Structure
 Those families associated with high frequencies of problems such as;
 The inadequate family
 The anti-social family
 The discordant/disrupted family
 The disrupted family
Ego Defense Mechanism
-Unconscious techniques used to prevent a person’s self image from being
damaged.
 Denial of Reality- Unpleasant reality
 Fantasy- Desires in imaginary achievement
 Projection- Placing blame for difficulties upon others
 Rationalization- The use of excuses an individual to him or to others
 Reaction Formation- Taking opposite strands
 Displacement- Discharging pent emotions
 Emotional Insulation- Withdrawal is passivity to protect self from hurt
 Isolation/Intellectualization- Series to cut off the emotions
 Regression- Revert from a past behavior to retreating to earlier development
 Sublimation- Gratification of frustrated sexual desire
 Identification- Increasing feelings of worth by identifying self with person or
institution
 Introjections- Contrary to one’s own assumption
 Undoing- Apologizing for wrongs, repentance, doing penance and undergoing
punishment to negate a disapproval act
 Sympathism- The person seeks to be praised by relating faults or problems
 Acting Out- Reduction of anxiety aroused by forbidden desires by permitting
their expression
Frustrations, Conflict and Anxiety
 Frustrations- Unpleasant feelings that result from the blocking of motive
satisfaction
 Conflict- Simultaneous arousal of two or more incompatible motives resulting
to unpleasant emotions
Types of Conflict
 Double Approach- two desirables activities that cannot be pursued
simultaneously
 Double Avoidance- no choice, you have to choose even if your not like both
of them
 Approach Avoidance- a situations having both a desirable and undesirable
feature(dilemma)
 Multiple Approach-Avoidance- the most difficult to resolve because the
features of each portion are often difficult to compare
Anxiety
 Is an intangible that seems to evade any effort to resolve it
 It is also called neurotic fear
Perspective on the causes of Criminal Behavior
 The commission of crime may be the result of complicated factors and causes
Patterns of Criminal Behaviors
Neurotic/Psychoneurotic Behaviors
 The individual does not lose contact with reality, and hospitalization is not
required
Kind of Neurotic Lifestyle
 Neurotic Nucleus- he try to avoid the problem that what he have
 Neurotic Paradox- the tendency to maintain the lifestyle despite its
maladaptive nature.
Anxiety Disorders
 Commonly knows as “neurotic fear” occasional but intense
 Panic- mild but continuous
 Worry- physiological symptoms like muscular tension, insomnia etc.
Classification of Anxiety Disorders
 Obssesive-Compulsive Disorders- uncontrollable impulse to do something
wrong
 Asthenic Disorders (Neurasthenia)- characterized by chronic mental and
physical fatigue and various aches and pains
  Phobic Disorders- persistent fear on some objects or situation that present
no actual danger to the person.
Examples of Phobia
 Acrophobia- high places
 Agoraphobia- open places
 Astrophobia- storms/lightning
 Hemstophobia- blood
 Aquaphobia- water
 Monophobia- being alone
 Nyctophobia- darkness
 Ocholophobia- crowds
 Patholophobia- disease
 Zoophobia- animals
Somatoform Disorders
 Complaints of bodily symptoms that suggest the present of physical problem
but no organic basis can be found
Classifications of Somatoform Disorders
 Hypochondriasis- tends to seek medical advices, but his fear is not lessen
 Psychogenic Pain Disorders- characterized by the report of severe and
lasting pain.
 Conversion Disorders- neurotic patterns in which symptoms of some
physical malfunction or loss
Sensory Symptoms of Hysteria
 Anasthesia- loss of sensitivity
 Hyperthensia- excessive sensitivity
 Hypesthesia- partial loss of sensitivity to pain
 Analgesia- loss of sensitivity to pain
 Parasthesia- exceptional sensation
Motor Symptoms of Hysteria
 Paralysis- selective loss of function
 Astasia-abasia- inability to control leg when standing
 Aphonia- parial inability to speak
Dissociative Disorders
 -A response to obvious stress characterized by amnesia, multiple personality,
and depersonalization.
1. Amnesia- partial or total inability to recall or identify past experiences
2. Brain Pathology Amnesia- total loss of memory and it cant be retrieved ,it
needs long period of medication
3. Psychogenic Amnesia- failure to recall stored information(forgotten material)
Multiple Personality
-dual personality
Depersonalization
-the loss of sense of self or the body so called out of body experience
-Somnambulism(sleepwalking) an example
Mood Disorders (Affective Disorder)
-one of mood which is internal state of persons, and not affect, the external
expression of emotional content.
Depressive Disorders
1. Major Depressive Disorders- patients w/ depressed mood have a loss of
energy and interest, feeling of guilt, loss of appetite; they are not affected with
manic episode
2. Dysthymic Disorders- a mild form of major depressive disorder
3. Bipolar Disorders- patients w/ both manic and depressive episode
4. Cyclothymic Disorders- less severe form of bipolar disorders
Psychopathic Behaviors
-resulting in persistent maladaptive ways of perceiving and thinking
-generally called “personality or character disorders”
Personality Disorders
-person here is characterized as a “problematic” without psychoses
 Paranoid Personality Disorders- characterized by suspicious, rigidity, envy,
hypersensitivity, argumentativeness and tendency to blame others
 Schizoid Personality Disorders-characterized by the inability to form social
relationship and lack of interest in doing so(loner)
 Schizotypal Personality Disorder- characterized by seclusiveness, over
sensitivity, avoidance of communication and superstisious thinking is common
 Histrionic Personality Disorders- characterized by immaturity, excitability,
emotional instability and self dramatization
  Narcissistic Personality Disorders- exaggerated sense of self
importance/pre-occupation
 Borderline Personality Disorders- instability reflected in drastic mood shifts
 Avoidant Personality Disorders- hypersensitive to rejection and
apprehensive alertness to any sign of social derogation
 Dependent Personality Disorders-lack of confidence and feels helpless
 Passive-Aggressive Personality Disorders- being hostile expressed in
indirect and non violent ways, they are called “stubborn”
 Compulsive Personality Disorders- excessive concern with rules, order and
efficiency
 Anti-Social Personality Disorders- characterized by continuing violation of
the rights of others through aggressive, anti-social behavior w/out remorse or
loyalty to anyone
Sexual Deviations/Disorders(affecting males)
1. Erectile Insuffiency(Impotency)- inability to achieve/maintain erection for
successful intercourse
2. Pre-mature Ejaculation- unsatisfactory brief period of sexual stimulation that
result to the failure of female partner to achieve satisfaction
3. Retarded Ejaculation- inability to ejaculate during intercourse
Those affecting females:
1. Arousal Insuffiency(frigidity)- failure to attain the lubrication or swelling
response of sexual excitement by the female partner
2. Orgasmic Dysfunction- difficulty in achieving orgasm
3. Vaginismus- involuntary spasm of the muscle at the entrance to the vaginan
that prevent penetration of the male sex organ
4. Dyspareunia-painful coitus/painful sexual acts in woman
Sexual Behaviors leading to sex crimes
 Homosexuality- sexual behavior directed toward the same
sex(lesbianism/tribadism)
 Transvestism- sexual excitation by dressing as a member of the opposite sex
such as a man who wears female apparel
 Fetishism- obtained by looking some body parts
As the choice of partner
 Pedophilia- sexual intercourse with child of either sex
 Bestiality- sexual intercourse with animal
 Auto-sexual- self abuse, self gratification/masturbation
 Gerontophilia- sexual desire with an older person
  Necrophilia- erotic desire or actual intercourse with the corpse
 Incest- sexual intercourse people who by reason of blood relationship, cannot
legally marry
As the number of participants in the sexual act
 Troilism- three person participate in sex
 Pluralism- sexual festival
Other Sexual Abnormalities
 Exhibitionism- indecent exposure
 Coprolalia- obscene language
 Don Juansim- seducing women as a career w/out permanency of sexual
partner or companion
 LESSON FOUR
Criminal Detection and Investigation
Fundamentals of Criminal Investigation
Investigate --- it comes from the Latin word vestigare which means “to look into for
traces” and vestigium which means “footprint”.
Criminal Investigation
- an art which deals with the identity, location, and provide evidence of his guilt
through criminal proceedings.
3 folds aims of criminal investigation
 To identify the guilty party
 To locate the guilty party; and
 To provide an evidence of his guilt.
3 I’s/ tools of Criminal Investigation
 Information
 Interview
 Interrogation
 Instrumentation
Information
-the knowledge or data that the investigator acquired in person and record.
Three Kinds of Information
1. regular – it is acquired from open sources such as files
2. Cultivated- acquired from informant (voluntarily gives information) and informer
(gives information with payment
3. Grapevine- acquired from underworld characters such as prisoner and
criminals.
General Sources of Information
1. Person- pertains to the victims, witness, informant, informer, etc.
2. Things- pertains to the physical evidence
3. Place- pertains to the crime scene
Interview
 - it is the simple questioning
-it is to the person who has knowledge
Witness – a person who can perceive and can make known his perception to others.
Interrogation
- it is skillful questioning
- It is used to the person who is reluctant, hostile and unwilling to give information.
Format of Interview
IRONIC
Identity- the investigator should give his name, rank, and agency.
Rapport- building up a positive feeling between the investigator and the subject.
Opening statement- indicate the person why the subject is being contracted.
Narration- allows the subject to the story
-it utilizes an “open-ended question” question not answerable by yes or no
Inquiry- clarification of information
Conclusion- give an utmost courtesy.
Purpose of Interrogation
1. To obtain confession- direct acknowledgement of guilt
2. Induce him to make an admission- partial or indirect acknowledgement of guilt
3. To learn the facts of the crime
4. To know the identity of person liable for a crime.
5. To develop information or fruits of crime
6. To discover the details of other crime committed by the suspect.
R.A. 7438- it is the right of the accused--- he shoukd only give statements voluntarily
and not by means of threat, coercion, force and etc.
Techniques of Interrogation
1. Mutt and Jeff – mutt is sour; jeff is sweet
2. Pretense of physical evidence- the investigator may pretend that there were
already proofs to persuade the suspect to confess
3. Bluff on Split Pair- this method is applicable if there are number of suspect.
Instrumentation (forensic science or Criminalistics)
- it is the application of the instrument and methods of physical science to the
detection of crimes.
Procedure of Identification by Eye Witness
1. Physical Line-up – selecting a suspect from a group of innocent person
2. Physical Line-up – one person is being shown to the witness right after the crime
committed.
Definitions of Terms
1. Corpus Delicti-- body of the crime or fact of specific loss or injury sustained
-not limited to the body of the body of the victim or cadaver but it is also refers to
the facts of the crime.
2. Modus Operandi--method or mode of operation that enables the investigators
to recognize the pattern of criminal behavior to predict approximates the next target
of the suspects by means of recorded information concerning the characteristics
of criminal activities.
3. Crime scene---conduct of processes, more particularly the recognition,
handling, preservation and documentation of physical evidence to include the
identification and interview of witnesses and the arrest of the suspect in the crime
scene.
4. Crime Scene—include all areas with the criminal, any possible victim and any
eye witness move during the time the crime scene was committed.
5. Physical Evidence---articles and materials found in connection with the
investigation and aid in establishing the identity of the suspect.
6. Chain of Custody---the number of person who handle the evidence between
the time of commission of the offense and the ultimate disposition of the case and
should be kept in minimum.

The Golden Rule of Criminal Investigation

“thou shall not touch, move nor alter anything in the crime scene unless it is
properly photographed, measured and sketched or otherwise preserved as not to
destroy or contaminate the important criminal things.”
 Lesson Five
Crimes in the Modern World
Organized Crime
It is a criminal activity by an injuring structure or organization developed and devoted
primarily to the pursuit of profits through illegal means.
It sometimes referred to as the "MOB", "MAFIA", SYNDICATE" or "COSA
NOSTRA" -->
How Organized Crime Group Works?!
1. An Enforcer
One who make arrangements for killing and injuring the members or non- members.
2. A Corrupter
- One who bribes, buys. intimidates, threatens, negotiates and "sweet talks" into a
relationship with the police and public officials who can help the members security and
maintain immunity from arrest, prosecution and punishment.
3. A Corruptee
A public official, usually not a member of the organization family, who can wield influence
on behalf of the organization's interest,
Sources of illegal Profit
The organization gains from goods and services that are of great demand by the society
but are prohibited by the law. It includes but not limited to most victimless crimes such
as illegal drugs, alcohol, gambling, pornography and including bank fraud, extortion or
racketeering and others.
Characteristic of Organized Crimes
1. It is a conspiracy activity involving coordination of members.
2. Economic gain is the primary goal.
3. Economic gain is achieved through illegal means.
4. Employs predatory tactics such as intimidation, violence and corruption.
5. Effective control over members, associates and victims. 2 Store
6. Organized crimes does not include terrorist dedicated to political change.
Generic Types of Organized Crimes
1. Political Graft
Manned by political criminals, who use force and violence of a means to obtain profit or
gain or achieving political aims or ambition. An example of this is sote buying and the
employment of private armies to control a certain political area
2. The Mercenary/ Predatory Organized Crime
Crimes committed by groupfor direct personal profit but prey upon unwilling victims.
- An example of this is the extortionist or racketeers.
3. In-Group Oriented organized Crime
Groups manned by semi-organized individual whose major goals are for psychological
gratification such as adolescent gangs. An example of this is the motorcycle gangs.
4. Syndicated Crime
- The organization that participates in illicit activity in society by the use of force,
intimidation or threat. It is a group with a formal structure whose purpose is to provide
elicit services, which are in strong public demand through the use of secrecy on the part
of the associates. There is assurance of protection necessary for its operations through
political corruption or avoidance of prosecution.
Professional Crimes
Refers to the occupation or their incumbents which possesses various traits in including
useful knowledge that requires lengthy training, service orientation and code of ethics
that permits occupations to attempt, to obtain autonomy and independence with high
prestige and remuneration.
Characteristics of Professional Crimes (Sutherland)
1. Crime is a sole means of livelihood.
2. Careful planning and reliance upon technical skills and method.
3. Offenders are of migratory life style.
4. The groups have shared sense of belongingness, rules, codes of behavior and mutual
specialized language.
Characteristics of Professional Crimes (Quinney)
1. Crime is a sole means of livelihood or economic gain.
2. There is highly developed criminal career
3. There is considerable skill involved.
4. Group of professional/career offender!
5. Hard to detect by authorities/can be able to avoid punishment
Criminological Types of Organized Crimes
1. Traditional Crime Syndicates common crimes
2. Non-traditional Crime Syndicates -
3. Semi-organized Crime - gangs
4. Politically Controlled Organized Crime -
Controlling Organized Crimes
1. Law Enforcement Effort
2. Organization of Anti-Organized Crime Measures
3. Community Awareness and Cooperation
WHITE COLLAR CRIMES
- Criminal act committed by a person of respectability and high social status in the course
of his occupation.
Forms of White Collar Crimes
1. Corporate Crimes (crimes committeekl by corporation
- Violation of criminal statute either by a corporate entity or by its executive, employees
or agents.
2. Environmental Crimes
- Violation of criminal law which although typically committed by business or by business
officials.
3. Occupational Crimes
An act punishable by law and is committed through opportunity created in the course of
an occupation that is legal.
Four Areas of Reform
1. Ethical Reforms
- Reforms include such things as working to establish stronger and more persuasive
codes of business ethics. Courses in ethical business might be offered in universities
and corporations could school their employees in right livelihood.
2. Enforcement Reforms ft4 )
- Reform center on the belief that white collar criminals must be severely published, but
also include such things as better funding for enforcement agencies dealing with white
collar crime, and insulation of enforcement personnel from undue political violations.
3. Structural Reforms
- involves basic changes in corporate structure to make white collar crime more difficult
to commit such as selective nationalizations of firms that have long records of criminal
violations.
4. Political Reforms
-Focus on eliminating campaign contributions from corporations and business. but also
includes the level of fairness in determining government grants and contacts, the
government must serve as a police itself. This includes the enforcement of laws and the
regulation of the activities of elected officials and administrative personnel.
CONVENTIONAL CRIMES traditional
Group of crimes categorized as violent crimes and property crimes.
Violent Crimes
Are criminal acts, which in the threat of or actual physical harm by an offender to a victim.
It presents not only index offenses that everyone recognizes as violent (murder, rape
and robbery) or other acts involving force and intimidation but also "violent crimes" that
are commonly categorized as "social problem" such as domestic violence, child abuse
and elder abuse, etc.
Violent acts are in the form of:
1. Interpersonal Violence
- Forcible Rape, Murder
- Serious Assault, Family Violence, Robbery
2. Political Violence
- Terrorism
3. Collective Violence
- Riots, Mobs, Crowds
- Urban Violence
Property Crimes
Are crimes of economic interest. It includes those crimes that would most commonly be
categorized as theft in ordinary language. It also includes but not limited to offenses such
as unlawful entry to commit theft, shoplifting, vandalism and arson.
Property Crimes acts are in the form of:
1. Occasional Property Crimes
- Shoplifting, Vandalism
- Motor vehicle theft, Check Forgery
2. Conventional Property Crimes
- Burglary/unlawful entry to commit theft
- Fences a part
- Larceny/Theft
3. Destructive Property Crimes
- Arson
-Violent Crimes (Index Crimes)
A. Murder
- Is the unlawful killing of human being with malice and with the "act of violence"
Types of Murder
1, Serial Murder
- An act involving killing of several victims in three or more separate incidents over a
week, month or a year.
2. Mass Murder
- it is the killing of four or more victims at one location with one event.
3. Spree Murder
The killing of in two or more locations with almost no time break between murders
B. Hornicide and Assault
Homicide
- is the unlawful killing without the qualifying circumstances of murder. It is generally
regarded as the most commonly committed of all the index crimes.
Assault
- It is called "unlawful attack" to another person to harm or inflict physical injuries. It is a
crime that involves offering to give bodily harm to a person or placing the person in fear.
People force upon things and action police
F. Robbery
-INTERPOL defined it as "violent theft"
It is taking of property belonging to another with intent to gain by means of force upon
things, violence of intimidation against person.
Kinds of Robbery
1. Robbery of person - "hold up cases" inmidahon
2. Robbery in open place following sudden attack - "snatching cases"
3. Robbery in private premises -"forcible entry"
4. Robbery after preliminary association of short duration between victims and offender
5. Robbery in case of previous association between victims and offender
Types of Robbers
1. The Professional Robber
- Robber who has long term commitment to the crime of robbery as major source of
livelihood.
2. The Opportunist
- The commonly known as "bandits", one who has little commitment to or specialization
in robbery and one who is all purpose property offender.
3. The Addict Robber
- One who can commit the crime robbery to support the drug habit
4. The Alcoholic Robber
- Like the addict, who commit crime in order to support habit
5. The Muggers
They are the most feared robbers.They are semi-professional robbers who is sometimes
called "strong armed robbers" - the street robbers who commit everything from
snatching to the brutalization of the victim.
D. Rape
Is commonly defined as "carnal knowledge of a woman against her will"
- is a violent crime due to the means employed usually characterized by violence,
aggression and domination
Categories of Rape
1. Real Rape
- Aggravated rape involving violence, weapons and attackers.
2. Simple Rape
- Anything else not fall as "real rape" such as the victims are viewed as suspicious
particularly if the victim did not physically resist.
Rape Trauma Syndrome
-Refers to the adverse psychological impacts of rape victims continue to suffer
long after the incidents. It includes"
a. Sexual Anxiety
b.Pervasive fear to the opposite sex
c. Problems in interpersonal relationship
d. General problem of unhappiness
Classification of Men who Rape
1. Anger Rape
- Sexual attack becomes a means of expressing anger or rage and involves more
physical assault upon the victim.
2. Power Rape
- Assailant primarily wishes to express his domination over the victim.
3. Sadistic Rape
- Perpetrator combines the sexuality and aggression aims in psychic desires to often
torture or otherwise abuse the victim.
E. Family Violence
-is a violent crime involving physical assault by a family member to other for members
such as:
a. Child Abuse
- An attack or assault of an adult against the deteness or who cannot defend themselves,
usually by a parent to a child
b. Spouse Abuse
- "husband vs. wife battering"
Types of Violent Offender
1. Culturally Violent Offender
- Those who live in cultures which violence is an acceptable problem mechanism
2. Criminally Violent Offender
- Those who use violence as a means to accomplish criminal acts.
3. Pathological Violent Offender
- Those who commit violent crimes due to mental disturbances.
4. Situational Violent Oender
-Those who commit acts of violence on rare occasions, often under provocations.
- They are the criminals by passion
Property Crimes (Non-Index Crimes)
A. Occasional Property Crimes
Are group of property crimes committed by ordinary property criminals with little
progressive knowledge on criminal techniques
They tend to commit crimes such as:
1. Auto theft of motor vehicle theft
2. Shoplifting or good pilferage
3. Vandalism
4. Check Forgeries
Types of Auto Theft
1. Jay Riding Auto Theft
Barrowing automobiles without returning
2: Short Term Transportation
Stolen vehicle as a temporary means of transportation then abandoned
3. Long term Transportation
- Stolen vehicle used as a permanent means of transportation
4. Profit Motivated Auto Theft
• Organized auto theft, which includes vehicle identity alterations, or the "chop chops" -
cannibalized auto parts.
Types of Vandalism
volume Chile
1. Wanton Vandalism
Destructive acts, which have no monetary gain or purpose in mind
2. Predatory Vandalism
- Destructive acts of gain such as destroying machines in order to gain contents.
3. Vindictive Vandalism
• Acts as an expression of hatred.
B. Conventional Property Crimes
These are group of property crimes committed by professional criminals on persistent
basis, which constitute form of career criminality. It includes:
1. Burglary (Robberyl
- Unlawful entry of forcible entry in order to commit a felony of theft.
2. The Fence
- Dealers of stolen properties The act of "buy and sale of stolen properties"
3. Larceny (Theft)
Simple taking of properties with intent to gain and without the consent or the owner.
Bestrutive Property Crimes
-Unlawful burning of property on another
Types of Arsen
1.Profit - Motivated Arson
-illustrated by insurance fraud.
2. Revenge Arson
-Burning of properties due to hatred or spell jealousy
3. Vandalism Arson
-Fire is employed as a means of expressing vindictive vandalism toward the property of
a group of people or an individual
4. Excitement Arson
Those set by "pyromaniacs".
5. Sabotage Arson
• Fires during civil disturbances.
Victimless Crimes ( EM
Refers to those crimes in which no clear is readily identifiable.The only injured party is
the offender, who engages in self-destructive behavior.
Victimless crimes include:
Prostitution
Is the practice of having sexual relations with emotional indifference on promiscuous and
mercenary basis-pory roketing an Is an act of sexual intercourse of hire or the so-called
"sex for hire"Is the bartering of sex favor for monetary consideration, either gift or cash,
without emotional attachment between partners.
Pornography
Is any material intended primarily to arouse sexual desires, pertaining to obscene
literature and or lascivious materials in the forms of mail or written media, television,
telephone and radio
Drug abuse
It is the use of drugs with such frequency that it causes physical or mental harm to the
user. It also referred to the use of any drug prohibited by the law regardless of whether
it was actually harmful or not.
Drug Addiction
- is the state of mind in which a person has lost the power of self- control in respect of a
drug
Characteristics of Drug Addiction
• Compulsion/Uncontrollable Craving
- The addict feels a compulsive craving to take repeatedly and tries to procure the same
by any means.
• Tolerance fatal clest
is the tendency to increase the dose of the drug to produce the same effect as to that of
the original effect
• Addiction
- The addict is powerless to quit drug abuse.
• Physical Dependence
-The addict's physiological functioning is altered.
• Psychological Dependence
- Emotional and mental discomfort exist to an individual.
Withdrawal Syndrome
- The addict becomes nervous and restless when he does not get drug.
Alcoholism
-Term used to refer to a person or the person's behavior with life problem related to
alcohol drinking.
Effects of Alcoholism
 Trouble in the Home

- Heavy drinkers' takes money needed for food, clothes and furniture. This causes debts.
Husband and wife fight and accuse each other of being unlawful. There will be often
sexual problems. Children are badly treated and badly fed. And drinking makes people
lazy and they may not go to work. Women may have to steal food to feed their families.
 Trouble among Friends

- The heavy drinker will often fight with his friend and may kill many people.
 Trouble at Work

-The heavy drinker often does not go to work because he fells sick. He sometimes works
badly and hurts himself or others.
 Trouble at play
- Heavy drinker’s has bad effect on sportsmen. Because alcohol affects the brain, the
drinker cannot control his arms and legs well. Sportsman who has been drinking
cannot play well as he should.
 Trouble on roads
- The drivers has lost his judgement; he is careless and takes risks. Accidents result `
person who is drunk may walk onto the road and be killed by s motor vechicle.
 Trouble with crime
- Exessive drimking is the biggest cause of crime. People become aggressive, fight,
break into the houses and steal.
 Trouble with the economy
- The economy is badly affected when people do not go to work and production fails.
Heavy demands are made on wealth services, the police force and the correctional
institution. Hence, alcoholism is burden to the government.
GAMBLING
- is usually defined as wagering or events which chance largely determines the
outcome.
 Lesson Six
Introduction to Criminalistics and Criminal investigation
Criminalistics
Or forensic sciences, is the application of criminalistics sciences in the field of law
enforcement.
A subfield in criminology that deals with the study of "criminal things"
Criminal Things
Those that are left behind by the criminal perpetrator in the scene of the crime which
have significance in criminal investigation
Criminalistics and Criminology
Criminalistics is the study of physical evidence through a laboratory work!
Criminology-is the study of the causes of rhymes an /or criminal people
Division of Criminalistics
1. Scientific Divisions
a. Chemistry
b. Physics
C. biology
2.Divisions Technological -
a. Fingerprinting (Forensic Dactyloscopy)
b. Forensic Photography
C. Questioned Document Examination
d. Polygraphy (Lie Detection)
e. Forensic Medicine
f. Forensic Ballistic
FINGERPRINTING (Personal Identification)
 is one of the universally accepted means of personal identification through the
study of fingerprints

Fingerprint
  It is a production pattern or designed formed by the ridges on the inside of the
joint of a finger

Dactylography
 Is the scientific study of fingerprints as a means of identification

Dactyloscopy
 The practical identification of dactylography

 Making of identifications by fingerprints comparison and the classification of

fingerprints

The Value of Fingerprinting in Police Works

Fingerprinting
 Is the cornerstone of criminal investigation and identification

 The system is based on the undisputed fact after many studies and researches
that, "NO TWO PENSONS HAVE EXACTI Y THE SAME FINGERPRINTS IN
THEIR

INDIVIDUAL CHARACTERISTICS"
Francis Galton
"Let no one despise the ridges on account of their smallness, for they are in
some respect, the most important of all Anthropological Data"
Fingerprint Ridges
 Are definite contours and appear in several general pattern types, each with
general specific variations of the pattern, dependent on the shape and
relationship of the ridges.

 *Fingerprint is one of the most infallible or reliable means of personal

identification in view of the following reasons:

✓ The characteristics of fingerprints that are formed by collections of curved, straight,

long, short and other various friction ridge never change naturally throughout body
ages
✓ Fingerprints are unique throughout the world and permanent throughout life. Police
agencies throughout the world accent, adopt and utilize the fingerprint system as a
means of absolute identification
✓ No two individual persons have exactly the same fingerprint patterns in their
individual characteristics
✓ The court and other authorities since time immemorial recognized its importance and
reliability as a means of identification.
Indeed Valuable of Fingerprint
1. Criminal Investigation
2. Proving a suspects iderity and criminal record
3. Proving an unidentified dead person identity
4. Finding a wanted and missing person dine
Fingerprint Patterns
1.Ulnar Loop
 Is a type of fingerprint pattern which possesses a delta, core, and one and more
of the ridges with the pattern area formed a sufficient re-curved, part which
crosses or touches a straight line when drawn between the delta and core, then
follow out or terminate to the same side of its point of origin. The slope or
downward flow of the innermost sufficient re-curve is towards the little finger or
una bone of the hand of origin.

2.Radial Loop
 is a type of fingerprint pattern which possesses a delta, core, and one or more of
the rice within the pattern arc formed a sufficient re curved, part of which or
touches a straight line when drawn between the delta and core, then follow out or
to the same side of its point of origin. The slope or downward flow of the
innermost sufficient re-curved is towards the thumb or the radius bone of the
hand of origin.

3. Plain Arch
 This is a pattern in which the ridges enter on one side of the pattern then flow
toward the other side, with a rise at the center, and without a della core or re-
curving ridge.
4. Tented Arch
 -This type of pattern where the majority of the ridges forms as arch and one on
more ridges at the center shape a tent in outline giving an angle of 90 degrees or
less, or one with an upward thrust having an angle of 45 degrees or more, or
pattern similar to loop but lacking one or two of its essential elements.

5. Plain Whorl
 This is a pattern consisting of two delta is and in which at least one ridge makes
a turn through one complete circuit. An imaginary line drawn between the two
deltas must touch me complete circuit. An imaginary line drawn between the two
deltas must touch or cross at least one of the re-curving ridges within the
pattern area. The pattern could be a spiral, oval, circular, or any variant of blind
COBRA

6. Central Pocket Loop Whorl

 This is a pattern possesses two deltas with one or more ridges forming a
complete circuit which maybe oval, spiral, circular or any variant of a circle

 Pattern consisting of two deltas, with one or more re-curving ridges with an
obstruction at right angles to the inner line of flow, between which an imaginary
line would touch or cross no re- curving ridge within the inner pattern area.

7. Double Loop Whorl

 This is a pattern consisting of two separate and distinct loop formations, two sets
of shoulders, and two delta the loop necessarily do not have to be the same
length and size. The loop of a double loop whorl does not have to possess the
requirements of the plain loop. It is enough that the elements mentioned are
found in such pattern.

8. Accidental Whorl
 A type of fingerprint pattern which is combination of two or more different types
with the exception of the plain arch, or a pattern which has some of the basic
element of two or more types or a pattern which does not conform to the other
seven other types.

Doctrine of Fingerprinting
1. Infallible - will not fail, never make a mistake
2. Perennial - conclusive and permanent
3. Immutable - unchangeable
FORENSIC PHOTOGRAPHY
-Police Photography is most obviously useful in police work when photographs
5servrves as evidence that can and often does prove facts. It is invaluable to
investigators, attorneys, judges, witnesses, juries and defendants.
-It is vital investigative lead that has helped in the reconstruction of crime and the
identity of suspects as well as victims.
It reveals what cannot ordinarily seen by the naked eye with the use of certain
equipment such as ultra-violent lamps and infrared film
Rogues Gallery/ Mug File
-identification of common criminals and offenders in the prepared album the
identification of common criminals are Philippines.
Significance of Photography in Police Work
It is a factual and accurate record of the crime because it captures time, space
and place in a single series of shots allows the investigators to understand the
elements of the certain crime,Charity and revealing what is not readily seen and
understood upon the discovery of the crime.
Use of Photography in Police Work
Identification Files
Photography is used to identify criminals, missing persons, lost property,
licenses, anonymous letters, bad checks, laundry marks, and civilian personal
fingerprint. In the case of atomic attack or a catastrophe such as an airplane crash, the
fingerprints from a civilian file are proving helpful in making positive identification.
Communication and Microfilm Files
Photography is also useful as investigate reports files, accident files, and
transitions of photos as supplement to reports. With modern day electro photography
machines accident reports can be made in seconds.
- Evidence
 Crime scenes, traffic accidents, homicides and suicides, fires, object of evidence,
latent fingerprints traces, etc. can be presented in courts as evidences by means of
large photographic images or pictures, motion pictures and the like.
-Offender Detection
Photographic instruments can be used to detect offenders through surveillance
and other similar activities. One of the newest applications of the police photography is
to record n motion picture film arrest in which the suspect offender assistance. The
practice has been instituted by at least one metropolitan law enforcement agency to
counter charges of police brutality.
-Court Exhibits
Demonstration enlargements, individual photos, rejection slides, motion and
pictures are accepted as court exhibits.
Reproduction of Copying
Questionable checks and document, evidential papers, photographs, official
records and notices can be photographed to show alternations and/or changes useful
in questioned document examinations. Personal Training Photographs an films relating
police tactics, investigation techniques, mob control, and cat strophe situations are
useful in police training.
Crime and Fire Prevention
- Hazards lecture security clearance, detector lecture security clearance, detector
devices, photos of hazardous fire, condition made when fire prevention inspection are
made.
»Public Relations
Films northern
Films pertaining to safety programs, juvenile delinquency, traffic public cooperation and
civil defense.
Four Primary Ways of Using Photography in Police Work
1. As means of identification.
2. As a method of discovering, recording and preserving evidence
3. As a way to present, in he courtroom, of the pertinent elements of crime
4. As a training and public relation medium for police programs.
Police Photography in the following:
In Accident Investigation Tint impression
• In most vehicular accidents, photographs of the tire impression will suffice and
casting will no longer required
 Any skid marks should be photographed to show the direction the vehicle was
travelling; slides on to show their length

 Photograph will not only show the speed of the vehicle but will also show when
the driver applied brakes as he perceived danger

Hit and Run

 In vehicular versus pedestrian case, a photograph of the trial of the pedestrian's
on the blood on the thread marks will not only establish the direction the hit in run
vehicle is traveling but also makes the trend pattern more conspicuous and
identifiable.

On Crimes against Persons

Charm Homicide
 The body should not be moved nor touched as little as possible

Photographed from head to feet first, the finally, from the left side of the victim
 Photographs an firms relating police tactics, investigation techniques, mob
control, and cat strophe situations are useful in police training.

Crime and Fire Prevention

- Hazards lecture security clearance, detecto lecture security clearance, detector
devices, photos of hazardous fire, condition made when fire prevention
inspection are made.

»Public Relations
Films norte
Films pertaining to safety programs, juvenile delinquency, traffic public cooperation and
civil defense.
Four Primary Ways of Using Photography in Police Work
1. As means of identification.
2. As a method of discovering, recording and preserving evidence
3. As a way to present, in he courtroom, of the pertinent elements of crime
4. As a training and public relation medium for police programs.
Police Photography in the following:
In Accident Investigation
• In most vehicular accidents, photographs of the tire impression will suffice and
casting will no longer required. Any skid marks should be photographed to show the
direction the vehicle was travelling; slides on to show their length. Photograph will not
only show the speed of the vehicle but will also show whenthe driver applied brakes as
he perceived danger.
HANHUY and Run
In vehicular versus pedestrian case, a photograph of the trial of the pedestrian'son the
blood on the thread marks will not only establish the direction the hit in run vehicle is
travel ing but also makes the trend pattern more conspicuous and identifiable.
•On Crimes Against Persons
Charm Homicide
The body should not be moved nor touched as little as possible. Photographed
from head to feet first, the finally, from the left side of the victim. If the suicide is
by shooting
Photograph the entrance and exit of the wounds half and skin surrounding the
entrance of wound are burned to a reddish brown color as a result of the blasting and
flaming of the power
If the suicide is by hanging:
Judicial be photograph from the distance showing the full body close up should
show the knot, bruises and discoloration of the body a blue or purple color is noticeable
around his lips, fingernail and toenails.
If the suicide is by poisoning:
Photography of the body is similar to that homicide take photographs and samples of
remaining chemicals if any and the contact of the poison.If the suicide is by
stabbing:the photo investigator takes note of and takes a close up shot of the wound
and weapon position.
Assault
 the victim is alive and usually willing to cooperate with the investigators

 the police files of common criminal or the mug files can help the victim identity his
assailant

 photography of the victims needs written consent

 photograph all injuries sustained by the victim clothing

 photograph clothes and trace evidence such as fibers, foreign hairs and seminal
trains using macro lens, then submit to the criminalistics laboratory

 photomicrography and chemical analysis

On Crime against Property

Fire and Arson
 photography should begin even before the arrival of the fire trucks a particular
problem of the photographer will be fogging of the lenses, at best he should take
photos at a distance and use a telephoto lens

QUESTIONED DOCUMENT
 is one in which facts appearing are not true, and are contested either in whole or
in part with respect to its authenticity identity, or origin.

It may be added, contract, will elections ballots, marriage contract, Check, visas,
application form, check write and certificate, etc.
Document
• Is every 0deed or instrument executed by a person by which some disposition
or agreement is proved, evidenced or set forth.
Kinds of Document
Public Document
 Is any document memorized by the public or a competent public official with
solemnities require I by the law.

Example: Civil Service Examination papers and National Police Commission, Official
Receipt required by the government to be issued receipt of money for public purposes.
Official Document
 Any instrument issued by the government or its agents or its officers having the
authority to do so and the offices which are in accordance with their creation,
they are authorized to issue.

Example: Register of the Attorneys officially kept by the Clerk of the Supreme
Court and by in which is inscribed the name of each attorney to the practice of the law.
Document required by the NBI of any bureau to be lined up by the officers for the
purpose of its record an information are also official document.
Private Document
 a notary or any person legally authorized, which documents, or some disposition
or aggrements is proved, evidenced is set forth.

Example: document of private properties such as lots, houses and other private
establishments.
Commercial Document
 Any instrument executed in accordance with the Code of Commerce, containing
disposition of commercial rights or obligations,

Example: it includes Bills of Exchange, Letters of Credit, Checks, Drafts, etc.

POLYGRAPHY (Lie Detection)
 is the scientific method of detecting deception with the use of instrument

 new name of e detection with the use of a polygraph

Polygraph Instrument
 is a scientific diagnostic instrument used to record physiological changes in the
blood pressure, pulse rate, respiration and skin resistance

FORENSIC/ LEGAL MEDICINE

•is a branch of me cine, which deals to the purpose of law and in the Administration of
justice
Types of Medical Evidences
1. Real Evidence
-This is evidence made known or addressed to the sense of the court
 It is not limited to that which is known through the sense of vision but it is
extended to what the sense of hearing, taste, smell and touch of perceived

2. Testimonial Evidence
 A person maybe commanded to appear before the court to give his testimony.
His testimony mu be given orally and under oath or affirmation

A physician maybe present in courts

a. Ordinary Witness
 A physician who satisfies Course of physician-patient relationship is considered
as an ordinary witnesses

b. Expert Witness
A physician on amount of his training and experience can set medical facts
3. Documentary Evidence
 A document is an instrument on which is recorded by means of letter, figure or

 make intended to be used to the purpose of recording that matter may be

accidentially used.This include evidences such as medical certification, or report

Examination, Physical Examination, Autopsy, Laboratory,Death as medical

certification, or reports on Medical on, Autopsy, Laboratory, Exhumation, Birth and
4. Experimental Evidence
 A medical witness maybe allowed by offender

5. Physical Evidence
 These are articles and materials which are founded in connection of the
evidences and within aid in establishing the identity of the perpetrator or the
circumstances under which the crime with committed.
Physical Evidences include the following:
1. Corpus Delicti Evidence
 Objects or substances which may be part of the body of the crime.

The body of the victim of murder, prohibited drugs recover by the person, dagger with
blood stain and fingerprint of the suspect.
2. Associative Evidence
 These are the physical evidence which link a suspect to the crime.

The offender may leave clues at the scene such as weapons, tools, garment, and
fingerprint or foot impression.
3. Tracing Evidence
 These are the physical evidences, which may assist the investigator in locating
the suspect.

FORENSIC BALLISTICS
Ballistics
Science and motion of projectiles ; and projectiles refer to metallic or non-metallic
objects propelled from a firearm
It also refers to the "science of firearm identification"
• It is derived from the Greek word "balloon baller" which means literally to throw It
was also been derived from the name of an early Roman war machine caller
 a gigantic bow or catapult which was then used to throw missiles or large objects
at a distance like stones against enemy forces

 deals with the study comparison and identification of weapons alleged to have
been used in the commission of crime

 it involves the examination of ballistics exhibits such as fired bullets, shell

firearms and other related matters which have been used in crimes

Branches of Ballistics
a. Interior internal Ballistics
  Is the branch of this science, which has something to do with the properties and
attributes of the projectile(bullet) SIN

 It involves Firing pin hitting the primer ignition of the priming mixture

Combustion of the gun powder

Development of pressure
Generation of energy
 Recoil of the un

 Velocity of the bullet inside the barrel

- Rotation of the bullet inside the break

. Engravings of the cylindrical surface of bullet
b. Interior (internal) Ballistics
 is the branch of this science, which has something to do with the attributes and

It involves the following:

Muzzle Blast- The noise created at muzzle point of the gun
Muzzle Energy- Energy generated at muzzle point
Trajectory- The actual curve path of the ballet during its flight from the gun of the
target
Range- The straight distance between muzzle and the target velocity Rate of speed of
the bullet per unit of time
Air Resistance
Resistance encountered by the bullet while in flight
 Pull of Gravity

 Downward reaction of the bullet towards earth center due to its weight

Penetration
 Depth of entry on target

c. Terminal Ballistics
  Is the branch of his science that deal with the effect of the impact of the projectile
on the target

It involves the following:

Terminal Accuracy- Size of the bullet grouping on the target
Terminal Energy- Energy of the projectile when it strikes on the target
Terminal Penetration- Depth or entry of the bullet upon striking the target
d. Forensic Ballistics
 this branch of this science involves the investigation and identification of firearms
by means of the ammunitions fired through them

Field Investigation
 This the job dont by the first officers on the case in the field of offender
investigation involving firearms.It in Iives recognition infection, marking,
preservation and transmittal of ballistics exhibits

Technical Examination of Ballistics Exhibits

 This the job performed by the firearm examiner within the laboratory involving of
evidence fired bullets, evidence for shell evidenced firearms and other related
laboratory work involving firearms such a photomicrography.

Principles Involved in Firearm Identification

Bullet Identification
1. No two barrels are microscopically alike or identical as the internal surface of
the bore or barrels all possess individual and characteristic marking of their own
2. When a bullet is fired from the rifle gun barrel, it becomes engraved by the
rifling and these engravings ill vary in its minute details with every individual firearm
3. Every barrel leaves its thumb mark" or "fingerprint" on every bullet fired in it.
Shell Identification
1. The breech-face and the striker(firing pin) of every firearm have microscopic
individualities of their own
2. Every firearm leaves its "fingerprint" or "thumb mark" on every cartridge it fires
 3. The whole principle of identification of shells is predicated or based upon the
fact that since the breech face of every weapon must be individually distinct, the
cartridge cases which it fires are imprinted with this individuality. The imprints of all
cartridge cases fired from the same weapon are the same, and those on cartridge
cases fired from different weapons are different.
 Lesson Eight
Correction of criminals
Penology
Is the study of punishment for crime or criminal offender. At is a term derived from the
Latin word "Poena" which means pain or suffering. It also otherwise known as panel
science
Division of criminology that deals with prison management and the treatment of offender
Panel management
Is the manner or practice of managing or controlling place of cofinement as in jails or
prison
Correction
Is a branch of the CJS concerned with the custody, supervision and rehabilitation of
criminal offender
Correction as Process
Is the reorientation of the criminal offender to prevent him or her from repeating his
delinquent
Correction Administrasion
It is the study of management if jail or prison and other instution concerned with the
custody treatment and rehabilitationof criminal offenders.
Historical Perspective on Correction
13 century Securing Sanctuary
Acriminal could avoid punishment by claiming refugee in a church for 4 days st the
end of which his compelled
16 century
Transportation of criminal was authorized in England but also abandoned in 1835
17 c to late 18 century
Death penalty became prevalent as aform of punishment
Compensation of a Wrong Act
Retaliation (Person Vengeance)
 -Is the earliest remedy for the wrong act to my one (in the primitive society)
- hence blood feuds was accepted in the early primitive societies.
Fines and Punishment
-Custom has exvmcerted effort and great force among primitive societies.
The Early codes
History has shown that there three main legal systems in the world which have been
extended to and adopted by all countries aside from those that produce them.In their
chronological order they are the Roman the Mohammedan or Arabic and the Anglo
American Laws.
Babylonian and Sumerian Codes
Code of King Hammurabi
- Babylon about 1990BC credited as the oldest code prescribing savage punishment
but in fact Sumerian codes were nearly one hundred years old.
Roman and Greek Codes
Justinian Code
This was an effect to match a desirable amount of punishment to all possible
crimes.
The Twelve Tables (XII Tabulae)
The earlist codification of Roman law incorporate into the justian code.
Its is the collection of legal principles engraved on metal tables and set up on
the forum.
Greek Code of Draco
A harsh code that provides the same punishment for both citizens and slaves as it
incorporates primitive concept.
The Greeks were the first society to allow any citizen to prosecute the offender in
the name of the injured party.
The Burgundian Code (500 A.D)
The code which specified punishment according to the social class of offenders:
dividing into nobles, middle class and lower class and specifying thevalue of the life of
each person according to social status.
 The Secular Laws
- It was advocated by Christian philosophers who recognizes the need for justice.
- St. Augustine and St. Thomas Aquinas was some of the proponents
- It distinguished three laws : External Law, Natural Law and Human Law
THE EARLY PRISONS
Mamertine Prison
- the only early Roman place of confinement, which is built under the main sewer of
Rome in 64 B.C
Bridewell Work house
- the most popular workhouse in London which was built for the employment and
housing of English prisoners
Walnut Street Jail
- originally constructed as a detention jail in Philadelphia
- was converted into a state prison and became the first American Penitentiary
HISTORICAL SETTING OF CORRECTION IN THE PHILIPPINES
The Philippines is one of the many countries that canle under the influence of the
Roman law. History has shown that the Roman Empire reached its greatest extent to
most of continental Europe such as Spain, Portugal, French and all of Central Europe.
Conquistadores
The Spanish Civil Code became effective in the Philippines on December 7,
Kodigo Penal
introduced promulgated by the King of Spain. (now Revised Penal Codel was
introduced promulgated by Basically. These awe adented the Roman law principles.
Most tribal tradition
- traditions, customs and practices influenced laws during the pre-Spanish
Philippines. There were also laws that were written which includes
the code of Kalantian - the most extensive and severe law that prescribes harsh
punishment, and the Maragtas Code (DatuSumakwel).
PUNISHMENT AND THE CRIMINAL
 Punishment
- It is the redress that the state takes against an offending member of society that
usually involves pain and suffering.
- it is the penalty imposed on an offender for a crime or wrongdoing.
Ancient Forms of Punishment
1. Death Penalty
- affected by burning, beheading, hanging, breaking of the wheels, pillory and other
forms of medieval executions
2. Physical Torture
- affected by maiming, mutilation, whipping and other inhumane or barbaric forms
of inflicting pain
3. Social Degradation
- putting the offender into shame or humiliation
4. Banishment or Exile
- the sending or putting away of an offender which was carried out either by
prohibition against coming into a specified territory
5. Other similar forms of punishment like transportation and slavery.
Early Forms of Prison Discipline
1 Hard Labor
- productive works
2. Deprivation
- deprivation of everything except the essentials of existence
3. Monotony
-giving the same food that is "off" diet or requiring the prisoners to perform drab or
boring daily routine
4. Uniformity
- "the fault of one is the fault of all"
5. Mass Movement
 - mass living in cellblocks, mass eating, mass recreation and mass bathing
6. Degradation
- uttering insulting words or languages on the part of prison staff to the prisoners to
degrade the confidence of the prisoners
7. Corporal punishment
- imposing brutal punishment or employing physical force to intimidate delinquent
inmate
8. Isolation or Solitary Confinement
- non-communication, limited news, "the lone wolf
Contemporary Forms of Punishment
1. Imprisonment
- Putting the offender in prison for the purpose of protecting the public against
criminal activities.
- Rehabilitating the prisoners by requiring them to undergo institutional treatment
programs.
2. Parole
- A conditional release of a prisoner after serving part of his sentence in prison for
the purpose of gradually re-introducing him to free life under the guidance and
supervision of a parole officer.
3. Probation
A disposition whereby a defendant after conviction of an offense, the penalty of
which does not exceed six years imprisonment, is released subject to the conditions
imposed by the releasing court and under the supervision of probation officer.
4. Fine
- An amount given as a compensation for a criminal act
5. Destierro
The penalty of banishing a person from the place where he committed crime,
prohibiting him to get near or enter the 25-km perimeter.
Justification of Punishment
1. Retribution
 - The punishment should be provided by the state whose sanction is violated to
afford the society or the individual the opportunity of imposing upon the offender suitable
plient as might be enforced.
- Offenders should be punished because they deserve it.
2. Expiation or Atonement
- it is punishment in a form of group vengeance where the purpose is to appease
the offended public or group.
3. Deterrence
- Punishment gives lesson to the offender by showing to others what would happen
to them if they violate the law.
- Punishment is imposed to warn potential offenders that they cannot afford to do
what the offender has done.
4. Incapacitation and Protection
- The public would be protected if the offender has being held in conditions where
he cannot harm others especially the public.Punishment is effected by placing offenders
in prison so that society will be ensured from further criminal depredations of criminals.
5. Reformation or Rehabilitation
- It is the establishment of the usefulness and responsibility of the offender.
- it is helping the prisoners to become a law abiding citizen and productive upon his
return to the community by requiring him to undergo intensive program of rehabilitation
in prison.
Pioneers of Reformation
William Penn
-He was the first leader to prescribe imprisonment as correctional treatment for
major offenders.
- He is responsible for the abolition of death penalty and torture as a form of
punishment
Charles Montesiquieu
-He was a French historian and philosopher who analyzed law as an expression of
justice.
 -He believe that harsh punishment would undermine morality and that appealing to
moral sentiments as a better means of preventing crime.
Voltaire (Francois Marie Arouet)
- He believes that fear of shame was a deterrent to crime.
- He fought the legaliru-sanctioned practice of torture, Cesare Bonesa, Marchese
de Beccaria
- He wrote an essay entitled "An Essay on Crimes and Punishment"-it represented
the humanistic goal of law
Jeremy Bentham
- He believes that whatever punishment designed to negate whatever pleasure or
gain the criminal derives from crime; the crime rate would go down
-He was the one who devise the ultimate PANOPTICAN PRISON-a prison that
consists of a large circular building containing multi cells around the periphery.
John Howard creat per oporner
- He recommended the single cell for sleeping, segregation of women, segregation
of youth, provision of sanitation facilities and abolition of fee system.
THE REFORMATORY MOVEMENT
Alexander Mochanochie
- He introduced the "Mark System"- a system in which a prisoner is required to earn
a number of marks based on proper department, labor and study in order to entitle him
for a ticket for leave or conditional release which is similar to parole.
Manuel Montesimos
- The one who divided the number of prisoners into companies and appointed
certain prisoners as pettyofficers in charge, which allowed good behavior to prepare the
convict for gradual release.
Domets of France
- He established an agricultural colony for delinquent boys in 1839 providing
housefathers as in charge of these boys.
Sir Evelyn Ruggles Brise
- The one who opened the Borstal Institution - the one considered as the best reform
institution for young offenders today.
 Walter Crofton
- He introduced the Irish Systemthat was modified from the Mocanochie's mark
system.
Zebulon Brockway
- He introduced certain eftain innovational programs like training school type,
compulsory educationation of prisoners, casework methods, extensive used of
parole, indeterminate sentence.
Elmira Reformatory
- is considered forerunner of modern penology because elements of a modern
system of modern penology because it had all the
The Two Rival Prison Systems in the History of Correction
The Auburn Prison System
• The prison system called the "Congregate System" - the prisoners are confined in
their own cells during the night and congregate work in shop during the day.
The Pennsylvania
The prison system called "Solitary System"- prisoners are confined in single cells
day and night where they lived, they slept and they ate and receive religious instruction.
Penalty
Is defined as the suffering inflicted by the state against an offending member for the
transgression of law.
Judicial Conditions of Penalty
1. Productive of Suffering
- Without affecting the integrity of the human personality.
2. Commensurate with the Offense
- Different crimes must be punished with different penalties.
3. Personal
- The guilty one must be the one to punished, no proxy.
4. Legal
 - The consequence must be in accordance with the law.
5. Equal
- Equal for all person
6. Certain
- No one must escape its effects.
7. Correctional
- Changes the attitude of the offenders and become law abiding citizens.
Penalties as to Gravity
1. Death Penalty
- Capital punishment
2. Reclusion Perpetua
- Wife-imprisonment, a term of 20 years and 1 day to 40 years
3. Reclusion Temporal
- 12 years and 1 day to 20 years imprisonment
4. Prision Mayor
• 6 years and 1 day to 12 years
5. Prision Correctional
- 6 months and 1 day to 6 years
6. Arresto Mayor
- 1 month and 1 day to 6 months
7. Arresto Menor
- 1 day to 30 days
8. Bond to keep the Peace
- Discretionary on the part of the court.
Prison - Serenit
 - It is penitentiary-an institution for the imprisonment (incarceration) of persons
convicted of major serious crimes. A building usually with cells for the purpose of taking
safe custody or confinement of criminals.
Prisoner
- It is a person who is under the custody of lawful authority.
- A person who by reason of his criminal sentence or by a decision issued by court,
may be deprived of his liberty or freedom. Is any person detained/confined in jail or prison
for the commission of criminal offense or convicted and serving in a penal institution.
General Classification of Prisoners
1. Detention Prisoners
- Those detained for investigation, preliminary hearing or awaiting trial.
- They are detainee in a lockup jail or prisoners under the jurisdiction of the courts.
2. Sentenced Prisoners
- Offenders who are committed to the jail of prison in order to serve their sentence
after final conviction by a competent court.
- They are under the jurisdiction of penal institution.
3. Prisoners who are on Safekeeping
- Includes non – criminal offenders who are detained in order to protect the
community against their harmful behavior.
Classification of Sentenced Prisoners
1. Insular or National Prisoners
- Those sentenced to suffer a term of sentence of 3 years and 1 day to life
imprisonment.
2. Provincial Prisoners
- Those persons sentenced to suffer term of imprisonment from 6 months and 1
day to 3 years.
3. City Prisoners
- Those sentenced to suffer a term of imprisonment from 1 day to 3 years.
4. Municipal Prisoners
 - Those confined in Municipal jails to serve an imprisonment from 1 day to 6
months.
Classification of Prisoners According to Degree of Security
Super Maximum – Security Prisoners
- A special group of prisoners composed of incorrigible, intractable and highly
dangerous persons who are source of constant disturbances even in a
maximum – security prison.
- They wear orange color uniform.
Maximum – Security Prisoners
- It is the group of prisoners whose escape could be dangerous to the public or
to the security of the state.
- It consists of constant troublemakers but not as dangerous as the super
maximum – security prisoners.
- Their movement are restricted, and they are not allowed to work outside the
institution but rather assigned to industrial shops within the prison compound.
- They are confined at the Maximum Security Prison (NBP Main Building)
- They wear orange color uniform.
- A prisoner includes those sentenced to serve sentence 20 years or, more or
those who’s sentenced are under the review of the Supreme court
Medium Security Prisoners
- Those who cannot be trusted in opened conditions and pose lesser danger than
maximum – security prisoners in case they escape.
- It consists of group of prisoners who maybe allowed working outside the fence
or walls of the penal institution under guards or with escorts.
- They occupy the Medium Security Prison (Camp Sampaguita)
- They wear blue color uniform.
- Its includes prisoners whose minimum sentence is less than 20 years and life –
sentenced prisoners who served at least 10 years inside a maximum – security
prison.
Minimum Security Prisoners
- It ids a group of prisoners who can reasonably trusted to serve sentence under
“under conditions”.
- This group includes prisoners who can be trusted to report to their work
assignments without the presence of guards.
- The occupy the Minimum Security Prison (Camp Bukang Liwayway)
 - They wear brown color uniform
Jail
- It is a place for locking – up of person who are convicted of minor offense or
felonies that are to serve a short sentence imposed upon them by a component
court, or the confinement of persons who are awaiting trial or investigation of
their cases.
Types of Jails
1. Lock – up Jail
- Is a security facility, common to police station, used for temporary confinement
of an individual held for investigation.
2. Ordinary Jails
- Is the type of jail commonly used to detain a convicted criminal offender to serve
sentence less than three years.
3. Workhouse, Jail Farms or Camp
- Those who are undergoing constructive work programs. It provides full
employment of prisoners, remedial services and constructive leisure time
activities.
PHILIPPINE PRISON SYSTEM
The Bureau of Corrections
- Bureau of prison was renamed Bureau of Correction under Executive Order 292
passed during the Aquino Administration.
- It states that the head of the Bureau of Corrections is the Director of Prisons
who is appointed by the President of the Philippines with the confirmation of the
Commission of Appointment.
- It has general supervision and control of all national prisons or penitentiaries.
- It is charge with the safekeeping of all Insular Prisoners confined therein or
committed to the custody of the Bureau.
Coverage of Bureau of Corrections
 National Bilibid Prisons (Muntinlupa, Rizal)
o New Bilibid Prisons (Main Building)
o Camp Sampaguita
o Camp Bukang Liwayway
 Reception and Diagnostic Center (RDC)
 Correctional Institution for Woman (Mandaluyong)
  The Penal Colonies:
o Sablayan Penal Colony and Farm (Occidental Mindoro)
o Iwahig Penal Colony and Farm (Palawan)
o Davao Penal Colony and Farm (Central Davao)
o San Ramon Colony and Farm (Zamboanga)
o Iloilo Penal Colony and Farm (Iloilo Province)
o Leyte Regional Prison (Abuyog Leyte)
Bureau of Jail Management and Penology (BJMP)
- Exercise supervision and control over all cities and municipal jails throughout
the country
- The enactment of Republic Act no. 6975 created the BJMP
- It operates as a line under the Department of the interior and Local
Government (DILG)
Powers of the BJMP
- The Bureau shall exercise supervision and control over all districts, city and
municipal jails to ensure a secured, clean, sanitary and adequately equipped
jail for the custody and safekeeping of city and municipal prisoners, any fugitive
from justice or persons detained awaiting investigation or trial and/or transfer to
the National Penitentiary, and any violent, mentally ill person who endangers
himself or safety of other.
Organization and Key Positions in the BJMP
- The BJMP, also referred to as the Jail Bureau, was created pursuant to
Section 60, R.A. no. 6975, and initially consisting of uniformed officers and
members of the Jail Management and Penology Service as constituted under
P.D. no. 765.
- The Bureau shall be headed by a Chief with the rank of Director and assisted
by the Deputy Chief with the rank of Chief Superintendent.
- The Central Office is the Command and Staff HQ of the Jail Bureau composed
of 3 Command Groups Coordinating Staff Divisions, 6 Special Staff
Groups and 6 Personal Staff Groups namely:
1. Command Group
- Chief, BJMP – Deputy C/BJMP – Chief of Staff
2. Coordinating Staff Groups
 - Administrative Division, Operations Division, Logistic Division, Finance
Management Division, Research Plans and Program Division, Inspection
and Investigation Division
3. Special Staff Group
- General Services Unit, Health Services Unit, Chaplain Services Unit,
Community Services Unit, Finance Services Unit, Finance Services Unit,
Hearing Office
4. Personal Staff Groups
- Aide – de – Camp, Intelligence Office, Public Information Office, Legal
Office, Adjudication Office, Internal Audit
Regional Office
- At the Regional Level, each Region shall have a designated Assistant Regional
Director for Jail Management and Penology
Provincial Office
- In the Provincial Level, there shall be designated a Provincial Jail Administrator
to perform the same functions as the ARDs province wide.
District Office
- In the District Level, where there are large cities and municipalities, a district jail
with subordinate jails, headed by a District Warden may be established as
necessary.
City and Municipal Office
- In the City and Municipal Level, a City or Municipal Warden shall head each jail.
Rank and Classification of the BJMP
Rank Position/Title Appointing Authority
Director Chief to the BJMP Sec. of DILG
C/Supt. Asst. Regional Director Sec. of DILG
Sn. Supt. Asst. Regional Director Sec. of DILG
Supt. Asst. Regional Director Sec. of DILG
Chief Insp. Warden Under Secretary
Sn. Insp. Warden Under Secretary
Inspector Warden Under Secretary
Jo1 to SJo4 Jail Guards Chief BJMP

Duties and Responsibilities

WARDEN
- Is responsibilities for the Direction, Coordination and Control of the Jail
- This includes the Security, Safety, Discipline and well – being of inmates.

LESSON NINE
Introduction to Criminal Law
Criminal Law
- Is the branch or division of law, which defines crimes, treats of their nature and
provides for their punishment
Characteristics of Criminal Law
Criminal law has the three main characteristics mainly: (1) General
Application, (2) Territorial Application and (3) Prospective Application.

General Application
- It has general application because criminal law is binding in all persons who
reside or sojourn in Philippine territory.
- Art. 2 of the Revised Penal Code states that the provisions of this Code shall
be enforced within the Philippine Archipelago, including its atmosphere, interior
waters and maritime zone, without reference to the person or persons who
might violate any of its provisions.
- Art. 14 of the Civil Code provide that penal laws shall be obligatory upon who
live or sojourn in Philippine territory.
Exceptions to the General Application of Criminal Law
- There are cases where our Criminal Law does not apply even if the crime is
committed by a person residing or sojourning in the Philippines. They constitute
the exceptions.

1. The opening sentence of Art. 2 of the Revised Penal Code say that the
provisions of this Code shall be enforce within the Philippine Archipelago,
“except as provide in the treaties and laws of preferential application”
2. Art. 14 of the Revised Penal Code provides the penal laws and those of
public security and safety shall be obligatory upon all who live or sojourn in
Philippine territory, subject to the principles of public international laws and
to treaty stipulations.
3. Treaty or Treaty Stipulations
o An example of treaty or treaty stipulation, as an exception to the general
application of our Criminal Law in the Base Agreement entered into by
and between the Philippines and USA on March 14, 1947 stipulating that
“the Philippines consents that the US have the right to exercise jurisdiction
over some particular offences. However, the said Military Bases
Agreement already expired on September 16, 1991.
4. Law on Preferential Application
o Republic Act no. 75 maybe considered a law of preferential application in
favor of diplomatic representatives and their domestic servants.
o It is a law to penalize acts which would impair the proper observance by
the Republic and inhabitants of the Philippines of the immunities, rights,
and privileges of duly accredited foreign diplomatic representatives in the
Philippines.
5. Principles of Public International Law
o Persons exempt from the operations of our criminal laws by virtue of the
principles of Public International Law:
 Sovereigns and other chief of state;
 Ambassadors;
 Ministers plenipotentiary;
 Ministers resident and;
 Charges d’ affaires.
o It is well established principle international law that diplomatic
representatives, such as ambassadors or public ministers and their
official retinue, possess immunity from the criminal jurisdiction of the
country of their sojourn and cannot be sued, arrested or punished by the
law of country.
Territorial Application
- It is territorial, in the criminal law undertakes to punish crimes committed within
the Philippine territory.
- Art. 2 of the Revised Penal Code states that the provisions of this Code shall
be enforced within the Philippine Archipelago, including its atmosphere, its
interior waters and marine zone, which constitute the Philippine territory.
Prospectivity of Criminal Laws
- It is prospective, in that penal code cannot make an act punishable when
committed.
- Crimes are punished under the laws in force at the time of their commission.
- Art. 21 of the Revised Penal Code provide that no felony shall be punishable by
any penalty not prescribed by law prior to its commission.
- Art. 366 of the Revised Penal Code provide that felonies are punishable under
the laws enforced at the time of their commission.
FELONIES
- Felonies are act and omissions punishable by law (Art.3, 1st par.,RPC)
Two Ways of Committing Felonies
 By means of Dolo (Deceit)
 By means of Culpa (Fault)
Dolo (Deceit)
- There is deceit when the act is performed with deliberate intent.
Requisites of an Intentional Felony
1. The offender must have FREEDOM;
2. The offender must have INTELLIGENCE; and
3. The offender must have INTENT while doing the act or omitting to do the crime.
Importance of Freedom
- When a person acts without freedom, he is no a longer human being but a tool.
- His liability is as much as that of the knife that wounds, or of the torch that sets
fire; or of the key that opens door, or of the ladder that is placed against the wall
of the house in committing robbery.
- The following have no freedom:
a. A person who acts under the compulsion of an irresistible force.
 b. A person who acts under the impulses of an uncontrollable fear of an equal
or greater injury.
Importance of Intelligence
- Intelligence is necessary factor in determining the morality of a particular act.
- Without this power, no crime can exist.
- The following are exempt from criminal liability because of the absence of
intelligence:
a. An imbecile or an insane person, unless the latter has acted during a lucid
interval.
b. A person under nine years of age.
c. A person over nine years of age and under fifteen, unless he has acted with
discernment.
Importance of Intent
- Intent to commit the act with malice, being purely a mental process, is presumed
and the presumption arises from the proof of the commission of an unlawful act.
Culp (Fault)
- There is fault when the wrongful act results from imprudence, negligence, lack
of foresight or lack of skill.
Requisites of Culpa
1. The offender must have FREEDOM while doing the act or omitting to do the
act;
2. The offender must have INTELLIGENCE while doing the act or omitting to do
the act; and
3. The offender must have the IMPRUDENT, NEGLIGENT OR LACK OF
FORESIGHT OR SKILL while doing the act or omitting to do the act.
Classification of Felonies
Felonies are classified according to the means by which they committed into:
1. Intentional Felonies or felonies committed with malice or deliberate intent, and
2. Culpable Felonies or felonies committed as result of imprudence, negligence,
lack of foresight or lack of skill.
STAGES OF THE ACTS OF A FELONY
The three stages of a felony are attempted, frustrated and consummated.
  Attempted Felony
o A felony is attempted when the offender commences the commission directly
by over acts and does not performed all the acts of execution produce the
felony by reason of some cause or accidental other than his or spontaneous
desistance.
 Frustrated Felony
o A felony is frustrated when the offender performs all the act of execution
which would produce the felony as a consequence but which, nevertheless,
do not produce it by reason of causes independent of the will of perpetrator.
 Consummated Felony
o A felony is consummated when all the elements necessary for its execution
and accomplishment are present.
Criminal Liability
Criminal Liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be
different from that which he intended.
2. By any person performing an act which would an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or on
account of the employment of inadequate or ineffectual means.