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Crim 1 Introduction To Criminology Notes
Crim 1 Introduction To Criminology Notes
Crim 1 Introduction To Criminology Notes
A Review notes in
INTRODUCTION TO CRIMINOLOGY
Criminology)
CRIMINOLOGY defined
Sub-Fields of Criminology
Psychiatric Criminology – the science that deals with the study of crime
through forensic psychiatry, the study of criminal behavior in terms of motives and
drives that strongly relies on the individual. (Psychoanalytic Theory - Sigmund Freud –
traditional view). It also explains that criminals are acting out of uncontrollable
animalistic, unconscious, or biological urges (modern view).
DEFINITION OF CRIMINOLOGY
NATURE OF CRIMINOLOGY
Generally, Criminology cannot be considered a science because it has not yet
acquired universal validity and acceptance. It is not stable and it varies from one time,
place to another. However, considering that science is the systematic and objective
study of social phenomenon and other bodies of knowledge, criminology is a science in
itself when applied to law enforcement and prevention of crimes under the following
nature:
PAGE 2
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
SCOPE OF THE STUDY OF CRIMINOLOGY
1. Study of the origin and development of criminal or penal laws.
2. Study of the causes of crimes and development of criminals.
3. Study of the different factors that enhance the development of criminal behavior
such as:
a. Criminal demography – study of the relationship between criminality and
population.
b. Criminal epidemiology – study of the relationship between environment
and criminality.
c. Criminal ecology – study of the criminality in relation to spatial
distribution in a community.
d. Criminal physical anthropology – study of criminality in relation to
physical constitution of men.
e. Criminal psychology – study of human mind in relation to criminality.
f. Victimology- study of the role of the victim in the commission of a crime.
PAGE 3
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
SOME OPPORTUNITIES FOR GRADUATES OF CRIMINOLOGY
1. In the law enforcement branches of the government, particularly in the civilian
and police agencies
2. In the management and administration of security agencies of commercial and
industrial establishments.
3. Document examiners of police agencies or verifier in the signature control of
banks and other financial institutions.
4. As custodial or correctional officers of penitentiaries or penal colonies.
5. Rehabilitation officers of correctional institutions for juvenile delinquents.
6. Laboratory technicians and experts in police laboratories
7. Crime researcher and prevention program.
CHAPTER II
FUNDAMENTAL STUDY OF CRIMINAL LAW
The REVISED PENAL CODE is the book that contains the Philippine laws and decrees
which are penal in nature.
1. IT IS GENERAL IN APPLICATION
The provisions of the criminal or penal law must be applied to all persons within
the territory irrespective of sex, race, nationality, and other personal circumstances, with
certain exceptions such as:
a. Head of the state or country
b. Foreign ambassador, diplomats who are duly accredited to a country
c. Foreign troops permitted to march within the territory
2. IT IS TERRITORIAL IN CHARACTER
As part of the right of a state to self-preservation, each independent country has
the right to promulgate laws enforceable within its territorial jurisdiction subject to the
limitations imposed by treaties of preferential application and by the operation of
international law of nations. In the Philippines, the revised penal code is applicable only
to the areas within the Philippine territorial jurisdiction such as:
PAGE 4
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
a. Philippine Archipelago - all the islands comprising the Philippines.
b. Atmosphere – the space above the Phil. Islands
c. Interior water – all bodies of water that connect the Phil. Islands
d. Maritime zone - the 3 miles limit beyond our shore measured at low tide
Exceptions to its territoriality:
The revise penal code shall be applicable to all cases committed outside the
Philippine territorial jurisdiction under the following circumstances:
a. should commit an offense while on a Philippine ship or airship
b. should forge or counterfeit any coin or currency note of the Philippine island
c. Should be liable for acts connected with the introduction into the islands of the
obligations and currencies mentioned in the preceding paragraph.
d. While being a public officer or employee, should commit an offense in the
exercise of his functions.
e. Should commit any of the crime against national security and law of nation
defined in Title One of Book Two of the RPC.
On the other hand, even if the crimes or felonies are committed within the Philippine
territory, the revised penal code is not applicable under the following condition or
reasons of:
a. Provisions of treaty such as the Philippine United Stated Bases
Agreement
b. Operation of international law under the principle of reciprocity
4. IT IS UNIFORM IN APPLICATION
An act described as a crime is a crime no matter who committed it and whenever
committed. No exception must be made as to the criminal liability. The definition of
crimes together with the corresponding punishment must be uniformly construed,
although there maybe differential enforcement of a given specific provisions of the penal
law.
5. IT MUST BE PROSPECTIVE
No person can be punished for his act which at the time he did it is not yet
punishable by law. However, penal laws may be given retroactive effect when it is
favorable to the accused who is not a habitual offender.
PAGE 6
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
CHAPTER III
STUDY OF FELONIES AND CIMES
ELEMENTSOF FELONY
1.There must be an act or omission
2.The act or omission must be voluntary
3. It must be punishable by law
PAGE 7
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
c. Light Felonies- Those infractions of law for the commission of which the
penalty of arresto mayor or a fine not exceeding 200 pesos are imposed.
For crime detection, prosecution, correction and prevention. These expenses are
either;
a. Direct Expenses – Those spent by the government pr private sectors for the
maintenance of police and security guards for crime detection, prosecution and
judiciary of prison system.
b. Indirect experience – Those expenses utilized to prevent the commission of
crime like the construction of window grills, fences, gates, purchase of doors
locks, feeding of watchdogs, etc.
3. Crimes is destructive
Many lives have been lost because of crimes like murder, homicide and other violent
crimes. Properties has been lost or destroyed on account of robbery, theft and arson.
PAGE 9
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
4. Crime is reflective
Crime rate or incidence in a given locality is reflective of the effectiveness employed by
the people primarily that of the police system.
5. Crime is progressive
The progressive increase in the volume of crime is on account of the ever-increasing
population. The ever-increasing crime rate and their techniques showed the progressive
thinking of the society for advance.
Penal laws are the safe guard of our morality. They provide penalty when morality
becomes low and this serves as a notice to society that something has to be done to
prevent morality from going to the extreme.
3. It is a notification of maladjustment
Whenever a person violates criminal law, it is a proof that his action is not within the
accepted norms in a society. Crime is a symptom of social disorganization just as fever
or pain is a proof that a person is stick.
PRE-CLASSICAL ERA
PAGE 11
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
PRE-TWENTIETH CENTURY THEORIES (18th C – 1738 - 1798)
This is the school of thought advocated by Cesare Beccaria whose real name is
Cesare Bonesara Marchese de Beccaria together with Jeremy Bentham (1823) who
proposed “Utilitarian Hedonism”, the theory, which explains that a person always acts in
such a way as to seek pleasure and avoid pain.
Cesare Beccaria in his “ESSAY on Crimes and Punishment” presented his key
ideas on the abolition of torture as a legitimate means of extracting confessions. The
Classical theory maintains that man is essentially a moral creature with absolute free
will to choose between good and evil therefore tress is placed upon the criminal himself;
that every man is responsible for his act. Freewill (Beccaria) – a philosophy advocating
punishment severe enough for people to choose, to avoid criminal acts. It includes the
belief that a certain criminal act warrants a certain punishment without any punishment
without any variation. Hedonism (Bentham) – the belief that people choose pleasure
and avoid pain.
Cesare Lombroso (1836 – 1909) – The Italian leader of the positivist school of
criminology, was criticized for his methodology and his attention to the biological
characteristics of offenders, but his emphasis on the need to study offenders
scientifically earned him the “father of modern criminology.” His major contribution is
PAGE 12
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
the development of a scientific approach to the study of criminal behavior and to reform
the criminal law. He wrote the essay entitled “CRIME: Its Causes and Remedies” that
contains his key ideas and the classifications of criminals.
1. Born Criminals – there are born criminals according to Lombroso, the belief that
being criminal behavior is inherited.
2. Criminal by Passion – are individuals who are easily influenced by great
emotions like fit of anger.
3. Insane Criminals – are those who commit crime due to abnormalities or
psychological disorders. They should be exempted from criminal liability.
4. Criminoloid – a person who commits crime due to less physical stamina/self self
control.
5. Occasional Criminal – are those who commit crime due to insignificant reasons
that pushed them to do at a given occasion.
6. Pseudo-criminals – are those who kill in self-defense.
Enrico Ferri (1856 – 1929) – He was the best-known Lombroso’s associate. His
greatest contribution was his attack on the classical doctrine of free will, which argued
that criminals should be held morally responsible for their crimes because they must
have made a rational decision to commit the crime.
PAGE 13
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
EARLY TWENTIETH CENTURY THEORIES
3. Robert Ezra Park (1864 - 1944) - Park is a strong advocate of the scientific
method in explaining criminality but he is a sociologist. He advocated the
“Human Ecology Theory”. Human Ecology is the 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.
3. Edwin Sutherland (1883 - 1950) - Sutherland 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. For this reason, he was considered as the “Dean of Modern
Criminology.” He said that crime is learned and not inherited.
4. Walter Reckless (1899 - 1988) - The Containment 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 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. (Adler, 1995)
5. Karl Marx, Frederick Engel, Willem Bonger (1818 -1940) -They are the
proponents of the Social Class Conflict and Capitalism Theory. Marx and
Engel claim 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 laws. 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 bout crimes of economic gain. He believes that profit -motive of
capitalism generates an egoistic personality. Hence, crime is an inevitable
outcome.
PAGE 15
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
LATE 20TH CENTURY: THE CONTEMPORARY PIONEERS
1. Robert King Merton (1910) - Robert Merton is the premier sociologist of the
modern days who, after 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 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.
5. Frank Tennenbaum, Edwin Lemert, Howard Becker (1822 - 1982) - They are
the advocates of the Labeling Theory – the theory that explains about social
reaction to behavior. The theory maintains that the original cause of crime cannot
be known, no behavior is intrinsically criminal, behavior becomes criminal if it is
labeled as such.
OTHER THEORISTS
PAGE 17
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
THEORY MOTIVE
PAGE 18
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Demonology (5,000 BC-1692 AD) Demonic Influence
Astrology (3500 BC-1630 AD) Zodiac/Planetary Influence
Theology (1215 BC-present) God's will
Medicine (3000 BC -present) Natural illness
Education (1642-present) Academic underachievement/bad teachers
Psychiatry (1795-present) Mental illness
Psychoanalysis (1895-present) Subconscious guilt/defense mechanisms
Classical School of Criminology
Free will/reason/hedonism
(1690--)
Positive School of Criminology
Determinism/beyond control of individual
(1840--)
Phrenology (1770-1875) Bumps on head
Cartography (1800-present) Geographic location/climate
Mental Testing (1895-present) Feeble-mindedness/retardation/low IQ
Osteopathy (1892-present) Abnormalities of bones or joints
Chiropractics (1895-present) Misalignment of spine/nerves
Imitation (1843-1905) Mind on mind crowd influences
Economics (1818-present) Poverty/economic need/consumerism
Case Study Approach (1909-present) Emotional/social development
Social Work (1903-present) Community/individual relations
Sociology (1908-present) Social/environmental factors
Castration (1907-1947) Secretion of androgen from testes
Ecology (1927-present) Relation of person with environment
Transexualism (1937-1969) Trapped in body of wrong sex
Psychosurgery (1935-1959) Frontal lobe dysfunction/need lobotomy
Culture Conflict (1938-1980) Conflict of customs from “old” country
Differential Association (1939-
Learning from bad companions
present)
Anomie (1938-present) State of normlessness/goal-means gap
Differential Opportunity (1961-
Absence of legitimate opportunities
present)
Alienation (1938-1975) Frustration/feeling cut off from others
Identity (1942-1980) Hostile attitude/crisis/sense of sameness
Identification (1950-1955) Making heroes out of legendary criminals
Containment (1961-1971) Outer temptation/inner resistance balance
Prisonization (1940-1970) Customs and folkways of prison culture
Gang Formation (1927-present) Need for acceptance, status, belonging
Behavior Modification (1938-1959) Reward/Punishment Programming
Social Defense (1947-1971) Soft targets/absence of crime prevention
PAGE 19
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Guided Group Interaction (1958-
Absence of self-responsibility/discussion
1971)
Interpersonal Maturity (1965-1983) Unsocialized, sub cultural responses
Sociometry (1958-1969) One’s place in group network system
Dysfunctional Families (1958-
Members “feed off” other’s neurosis
present)
White-collar Crime (1945-present) Cutting corners/bordering on illegal
Control Theory (1961-present) Weak social bonds/natural predispositions
Strain Theory (1954-present) Anger, relative deprivation, inequality
Subcultures (1955-present) Criminal values as normal within group
Labeling Theory (1963-1976) Self-fulfilling prophecies/name-calling
Neutralization (1957-1990) Self-talk, excuses before behavior
Drift (1964-1984) Sense of limbo/living in two worlds
Reference Groups (1953-1978) Imaginary support groups
Operant Conditioning (1953-1980) Stimuli-to-stimuli contingencies
Reality Therapy (1965-1975) Failure to face reality
Gestalt Therapy (1969-1975) Perception of small part of "big picture"
No communication between inner parent-
Transactional Analysis (1961-1974)
adult-child
Learning Disabilities (1952-1984) School failure/relying on "crutch"
Biodynamic (1955-1962) Lack of harmony with environment
Nutrition and Diet (1979-present) Imbalances in mineral/vitamin content
Metabolism (1950-1970) Imbalance in metabolic system
Biofeedback (1974-1981) Involuntary reactions to stress
Biosocial Criminology (1977-1989) Environment triggers inherited "markers"
The "New Criminology" (1973-1983) Ruling class oppression
Conflict Criminology (1969-present) Structural barriers to class interests
Critical Criminology (1973-present) Segmented group formations
Radical Criminology (1976-present) In articulation of theory/praxis
Left Realism (1984-present) Working class prey on one another
Criminal Personality (1976-1980) Errors of thinking
Criminal Pathways Theory (1979-
Critical turning/tipping points in life events
present)
Feminism (1980-present) Patriarchal power structures
Low Self Control Theory (1993-
Impulsiveness, Sensation-seeking
present)
General Strain Theory (1994-present) Stress, Hassles, Interpersonal Relations
PAGE 20
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
CRIMES OF THE MODERN WORLD
The crimes in the modern world represent the latest and the most dangerous
manifestations of the something-for-nothing-complex problems of society. This includes
Organized Crimes, White-Collar Crimes, Conventional Cries, Victimless Crimes and the
so-called Transnational Crimes. The transnational character of many crimes in this
modern world, although not new, has not been fully recognized until recently. Crime was
traditionally viewed as a purely domestic law enforcement issue and, therefore, treated
and addressed as an exclusive concern of individual states. As such crimes, being a
new threat to domestic and international interest and security, has given recognition to
be known as Transnational Crimes.
ORGANIZED CRIMES
The term Cosa Nostra (literally means “one thing”) or mafia is use to signify
organized crimes, and one of the varieties names for either mob or syndicate. A strict
code of conduct governs their behavior called the “Omerta” – the mafia’s code of
secrecy, and informal, unwritten code of organized crime, which demand silence and
loyalty, among other thing, of family members. (Abandinsky, 1991). Whatever be the
name, the organization is known to be formal, with division of labor, with coordination of
activities through rules and codes and with allocation of task in order to achieve
illegitimate goals. The organization seeks profit from crimes and tries to prevent itself
from threats, prosecution, and even punishment from legal authorities.
PAGE 21
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
In order for a criminal organization to prosper, some degree of support is
required from the society in which it lives. Thus, it is often necessary to corrupt some of
its respected members, most commonly achieved through bribery, blackmail, and the
establishment of symbiotic relationships with legitimate businesses. Judicial and police
officers and legislators are especially targeted for control by organized crime via bribes.
Perhaps the best-known criminal organizations are the Sicilian and American
Cosa Nostra, most commonly known as the Mafia. The Neopolitan Camorra, the
Calabrian 'Ndrangheta, and the Apulian Sacra Corona Unita are similar Italian
organized crime groups.
Other notable groups include the Colombian drug cartels, the Mexican drug
cartels, The Irish Mob, the Japanese Yakuza, the Chinese Triads, the Russian Mafia,
the Mexican Mafia, the Indian Mafia, the Bulgarian Mafia, the Chechen mafia, the
BrazilianComando Vermelho (CV) and Primeiro Comando da Capital (PCC), and the
Central AmericanMara Salvatrucha (MS-13). Prisoners may also be involved in criminal
organizations. Many terrorist groups, such as Hezbollah, Al Qaeda, the Provisional IRA
and the Ulster Defence Association also engage in criminal activity such as trafficking
and money laundering as well as terrorism.
World leaders throughout history who have been accused of running their
country like a criminal organization include Adolf Hitler, Joseph Stalin, Mao Zedong,
Augusto Pinochet, Idi Amin, Mobutu Sese Seko, Nicolae Ceauşescu, Francisco Franco,
Hugo Banzer, Chiang Kai-shek, Slobodan Milošević, Vladimir Putin, Silvio Berlusconi,
Alberto Fujimori (in league with his advisor Vladimiro Montesinos), Senior General Than
Shwe of Burma and various other dictators and military juntas. Corrupt political leaders
may have links to existing organized crime groups, either domestic or international, or
else may simply exercise power in a manner that duplicates the functioning and
purpose of organized crime.
PAGE 22
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
In the past criminal organizations have naturally limited themselves by their need
to expand. This has put them in competition with each other. This competition, often
leading to violence, uses valuable resources such as manpower (either killed or sent to
prison), equipment and finances. The Irish Mob boss of the Winter Hill Gang (in the
1980s) turned informant for the FBI. He used this position to eliminate competition and
consolidate power within the city of Boston which led to the imprisonment of several
senior organized crime figures including Gennaro "Jerry" Anguilo underboss of the
Patriarca crime family. Infighting sometimes occurs within an organization, such as the
Castellamarese war of 1930-31 and the Irish Mob Wars of the 1960s and 70s.
The organization gains from goods and services that are of great demand by the
society but are prohibited by 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.
1. Political Graft – manned by political criminals (Political Graft), who use of force
and violence of a means to obtain profit or gain, and or achieving political aims or
ambitions. An example of this is vote buying, and the employment of private
armies to control a certain political area.
PAGE 24
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Criminological Types of Organized Crimes
1. Traditional Crime Syndicates.
2. Non-traditional Crime Syndicates
3. Semi- Organized Crime
4. Politically Controlled Organized Crime
PAGE 25
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
1. Loop Center of the National Action Committee on Anti-Hijacking and Terrorism
(NACAHT) whose primary mission is to assist and support the NACAHT in
integrating and orchestrating the efforts of all law enforcement agencies against
international and domestic terrorism;
2. International Criminal Police Organization ICPO-INTERPOL NCB-Manila which
has been reconstituted to serve as the national liaison office and main
coordinating body for international police cooperation against transnational crime;
3. Police Attachés of the Philippine National Police (PNP); and
4. Political Attachés/ Counselors for Security Matters of the Department of the
Interior and Local Government (DILG)
PAGE 26
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Occupational crimes also refer to:
PAGE 27
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
10. Environmental Schemes: The overbilling and fraudulent practices exercised by
corporations which purport to clean up the environment.
11. Extortion: Occurs when one person illegally obtains property from another by
actual or threatened force, fear, or violence, or under cover of official right.
12. Forgery: When a person passes a false or worthless instrument such as a check
or counterfeit security with the intent to defraud or injure the recipient.
13. Health Care Fraud: Where an unlicensed health care provider provides services
under the guise of being licensed and obtains monetary benefit for the service.
14. Insider Trading: When a person uses inside, confidential, or advance
information to trade in shares of publicly held corporations.
15. Insurance Fraud: To engage in an act or pattern of activity wherein one obtains
proceeds from an insurance company through deception.
16. Investment Schemes: Where an unsuspecting victim is contacted by the actor
who promises to provide a large return on a small investment.
17. Kickback: Occurs when a person who sells an item pays back a portion of the
purchase price to the buyer.
18. Larceny/Theft: When a person wrongfully takes another person's money or
property with the intent to appropriate, convert or steal it.
19. Money Laundering: The investment or transfer of money from racketeering,
drug transactions or other embezzlement schemes so that it appears that its
original source either cannot be traced or is legitimate.
20. Racketeering: The operation of an illegal business for personal profit.
21. Securities Fraud: The act of artificially inflating the price of stocks by brokers so
that buyers can purchase a stock on the rise.
22. Tax Evasion: When a person commits fraud in filing or paying taxes.
23. Telemarketing Fraud: Actors operate out of boiler rooms and place telephone
calls to residences and corporations where the actor requests a donation to an
alleged charitable organization or where the actor requests money up front or a
credit card number up front, and does not use the donation for the stated
purpose.
24. Welfare Fraud: To engage in an act or acts where the purpose is to obtain
benefits (i.e. Public Assistance, Food Stamps, or Medicaid) from the State or
Federal Government.
25. Weights and Measures: The act of placing an item for sale at one price yet
charges a higher price at the time of sale or short weighing an item when the
label reflects a higher weight.
26. Advanced Fee Schemes: Actor induces victim to give him some type of
advanced fee in return for a future benefit. The future benefit never occurs and
victim never receives the advanced fee back.
27. Airport Scam: Actor approaches victim in an airport stating that the newspaper
stand cannot change his one hundred dollar bill and asks the victim for change.
Victim provides actor with the change, actor returns to the store to get the one
hundred dollar bill back, however, never returns to victim.
28. Auto Repair: Actor hangs out around an auto repair shop and approaches
victims who leave after getting estimates. Actor claims to do work off duty at a
PAGE 28
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
very low cost. Once actor has the car, inferior work is completed and victim
cannot get the return of the car until the very high bill is paid.
29. Check Kiting: A bank account is opened with good funds and a rapport is
developed with the bank. Actor then deposits a series of bad checks but prior to
their discovery, withdraws funds from the bank.
30. Coupon Redemption: Grocery stores amass large amounts of coupons and
redeem them to manufacturers when in fact merchandise was never sold.
31. Directory Advertising: Actor either impersonates sales person from a directory
company like the yellow pages or fraudulently sells advertising which the victim
never receives.
32. Fortune Telling: Actor advises victim that victim is cursed. Actor advises victim
that the curse must be removed. Actor advises that she must meditate to the
spirits and will require payment. Over a period of time, victim pays fortune teller
thousands of dollars to remove curse.
33. Gypsies: Actor states that victims’ money is cursed. In order to remove the
curse, the money must be placed into a bag or box that the actor provides. The
bag or box is switched. Actor advises victim to perform certain rituals over the
money and the curse will be removed. The bag or box cannot be opened for a
period of time when it is opened, the money is gone.
34. Home Improvement: Actor approaches a home owner with a very low estimate
for a repair or improvement. Inferior or incomplete work is performed. Once the
repairs are completed, actor intimidates the victim to pay a price much greater
than the original estimate.
35. Inferior Equipment: Actors travel around selling inferior equipment such as tools
at high prices.
36. Jamaican Switch: Actor #1 approaches a victim looking for the address of a
prostitute. Actor #1 shows a large sum of money to the victim. Actor #2 arrives
and tells Actor #1 where he can find the prostitute but cautions on taking all the
money as the prostitute might rob him. Actor #1 asks the victim to hold the
money for him. Actor #1 puts his money into a handkerchief with the victim’s
money. Actor #1 shows the victim how to hide the money under his arm, inside
his shirt while switching handkerchiefs. Victim takes the handkerchief and the
parties split up, however, Actor #1 leaves with victim’s money.
37. Land Fraud: Actor induces victim to purchase tracks of land in some type of
retirement development which does not exist.
38. Odometer Fraud: Unscrupulous used car salesman purchased used cars and
turns back the odometers. The used car is sold at a higher price due to its low
mileage.
39. Pigeon Drop: Actor #1 befriends the victim. Actor #2 shows both Actor #1 and
victim a "found" package containing a large amount of cash. Actor #1 insists that
the found money be divided equally but only after each person puts up his own
money to demonstrate good faith. All the money is put in one package and the
package is later switched.
40. Police Impersonation: Actor tells victim that his bank is being operated by
fraudulent bank officers. Actor instructs victim to take money out of bank and
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Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
place it into a good bank. After the money is withdrawn, the actor allegedly takes
the money to the police station for safe keeping. The victim never sees the
money again.
41. Ponzi: An investment scheme where the actor solicits investors in a business
venture, promising extremely high financial returns or dividends in a very short
period of time. The actor never invests the money, however, does pay dividends.
The dividends consist of the newest investors funds. The first investors, pleased
to receive dividends, encourage new investors to invest. This scheme falls apart
when the actor no longer has sufficient new investors to distribute dividends to
the old investors or the actor simply takes all the funds and leaves the area.
42. Pyramid: An investment fraud in which an individual is offered a distributorship
or franchise to market a particular product. The promoter of the pyramid
represents that although marketing of the product will result in profits, larger
profits will be earned by the sale of franchises. For example, if a franchise price
is P10, 000.00, the seller receives P3, 500.00 for every franchise sold. Each new
franchise purchaser is presented with the same proposal so that each franchise
owner is attempting to sell franchises. Once the supply of potential investors is
exhausted, the pyramid collapses. Many times, there are no products involved in
the franchise, simply just the exchange of money.
43. Quick Change: Victim is confused by actor’s speedy series of money exchanges
and in the end, is short changed.
44. Shell Game: Actor #1 manipulates a pea beneath three walnut shells or bottle
caps. Actor #1 moves the caps around and shows victim the cap with the pea
under it. With the encouragement of another player, also Actor #2, victim places
larger and larger bets as to which cap contains the pea. The game is ended by
Actor #1 when the take is large enough.
45. Utilities Impersonators: Actor impersonates utilities employees by wearing
jumpsuits with name tags. Actor approaches victim with story about a gas leak or
electrical surge to gain entry to the home. Valuables are taken by actor.
46. VCR Scam: Actor purports to sell new VCR's or televisions at an extremely low
cost due to his connections. Victim pays for the VCR or television only to
discover that the box has been filled with rocks.
47. West African Investment Scams: Actors target businesses and obtain
business' bank account information from which all funds are later withdrawn.
Gary Green pointed out that professional criminals would probably continue to
enjoy immunity from prosecution. Hence, they are unlikely to be deterred by sanction or
threat and are unlikely to be formally disqualified by their professional organizations.
They will therefore feel free and are free to continue or begin their activities
(Schmallenger, 1999). James W. Coleman suggests four areas of reform, which white-
collar crime might be effectively addressed:
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Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
1. Ethical Reforms - reform include such things as working to establish stronger
and more persuasive codes of business ethics. Courses in ethical businesses
might be offered in universities, and corporations could school their employees in
right livelihood.
Conventional crimes are those traditional, illegal behaviors that most people think
of as crime. Most crime is conventional crime. Non-conventional crime may be
organized crime, white-collar crime, political crime, etc. Conventional crimes are groups
of crimes categorized as violent crimes (index crimes) and property crimes. It has been
argued that cyber crime is just a conventional crime committed with high-tech devices.
Violent 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, 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, elder abuse, etc.
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 are also in the forms of:
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Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
1. Occasional Property Crimes - Shoplifting, Vandalism, Motor vehicle theft,
Check Forgery
2. Conventional Property Crimes - Burglary/unlawful entry to commit theft,
Fence, Larceny/Theft
Murder – is the unlawful killing of human being with malice and with the “act of
violence”. Serial Murder – an act involving killing of several victims in three or more
separate incidents over a week, a month or year. Mass Murder – it is the killing of four
or more victims at one location with one event. Spree Murder – the killing of in two or
more locations with almost no time break between murders.
Homicide and Assault - Homicide is also unlawful killing without the qualifying
circumstances of murder. It is generally regarded as the most commonly committed of
all the index crimes (based on the UCR offenses). Assault is called “unlawful attack”
to another person purposely to harm or inflict physical injuries. It is a crime that involves
offering to give bodily harm to a person or placing the person in fear.
Types of Robbers
1. The Professional Robber – robber who has long-term commitment to the crime
of robbery as a major source of livelihood.
2. The Opportunist – the commonly known as “bandits”, one who has little
commitment to or specialization in robbery and one who is all purpose property
offender.
3. The Addict Robber – one who committed the crime of robbery to support the
drug habit. (Unplanned)
4. The Alcoholic Robber – like the addict robber who engages to robbery
occasionally in order to support his habit. (Unplanned)
5. The Muggers – they are the most feared robbers. They are semi-professional
robbers who are sometimes called “strong armed robbers” – the street robbers
who commit everything from snatching to the brutalization of the victim.
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Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Rape - is commonly defined as “carnal knowledge of a woman against her will”.
Rape is the fastest growing of all UCR index crime. It could be in the form of:
1. Sexual anxiety
2. Pervasive fear to the opposite sex
3. Problems in interpersonal relationship
4. General problem of unhappiness
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.
Family Violence - Family violence are violent crimes involving physical assault by a
family member to another family members such as the following:
PAGE 33
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Property Crimes (Non-Index Crimes)
Occasional Property Crimes - Occasional Property crimes are group of
property crimes committed by ordinary property criminals with little progressive
knowledge on criminal techniques. Offenders injure or steal property on an infrequent
basis. They tend to commit crimes such as Auto theft of motor vehicle theft, Shoplifting
or good pilferage, Vandalism, Check Forgeries
PAGE 34
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
CHAPTER IV
STUDY OF CRIMINALS
CRIMINAL DEFINED
In the LEGAL sense, a criminal is a person who has been found to have
committed a wrongful act in the course of the standard judicial processes. There must
be a final verdict of his guilt.
CLASSIFICATION OF CRIMINALS
a. Criminals classified on the basis of ethnology
a. Acute criminals- A person, who violate criminal law because of the impulse
of the moment, fit of passion or anger or spell of extreme jealousy.
b. Chronic criminals- persons who acted in consonance with deliberate
thinking such as:
1.Neurotic criminals- persons whose actions arise from infra-psychic conflict
between the social and anti-social components of his personality
example: Kleptomania.
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Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
CHAPTER V
EXPLANATIONS TO CAUSES/EXISTENCE OF CRIMINALITY
4. The explanation that crime is the result of the free will of men but were
committed due to some compelling reasons which prevailed.
(Neo-Classical School of thought)
The explanation accepts the facts that crimes are committed in accordance with
the free will of men but the acts of committing a crime is modified by some causes that
finally prevail upon the person of commit crimes. These causes are pathology,
incompetence, insanity or any condition that will make it impossible for the individual to
exercise free will entirely. In the study of legal provisions, this termed as either
mitigating or exempting circumstances.
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Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
5. The explanations that criminal is born. (Positive School of Thought by Cesare
Lombroso)
According to Cesare Lombroso, who is now considered as the father of
modern Criminology, criminals are born with some physical characteristic which
becomes causes of crimes. He advances the following explanation to such causes:
1. That there is a distinct born criminal type;
2. That this type can be identified by certain stigmata or anomalies
3. That the stigmata are not the cause of crime but rather the symptoms of atavist
Or reversion of his ape-like ancestors;
4. That this atavism degeneracy of is body are the cause of crime and;
5. That the person who is born criminal type cannot refrain from committing crime
Unless he lives under exceptionally favorable circumstances.
PAGE 38
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
CHAPTER VI
FACTORS AFFECTING THE DEVELOPMENT AND EXISTENCE OF CRIMES AND
CRIMINALITIES
1.Geographical Factors
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Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
8. Wind velocity
Under the same study, it was explained that during high wind, the number of
arrest were less. It may be due to the presence of more carbon dioxide in the
atmosphere that lessens the vitality of men to commit violence.
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Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
4. Study of Kretschmer by Classifying the Types of Physique and the Type of
Crimes they are prone to commit:
c. Ectomorphic c. Cerebrotonic
Relatively predominance of skin and its Introvert, full of functional allergies,
appendages which includes the nervous skin troubles, chronic fatigue, insomnia,
system; lean, delicate body, fragile, sensitive to noise, shrinks from crow
small delicate bones, fine hair, relatively
PAGE 41
Instructor: AL BIEN D. ESCOBAÑEZ, R.Crim., MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
6.Study of Heredity as the Causes of Crimes
CT
C=----
M/E R
3. Cyril Burt. In his book Young delinquent (1925) gave the theory of general
emotionality. According to him, many offenses can be traced to either in excess
or a deficiency of a particular instinctive drive. An excess of the submissive
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
instinct account for fear and absconding may be due to the deficiency in the
primitive emotion of love and an excess of the instinct of hate.
4. Healy. In his book Individual Delinquency, claimed that crimes are an
expression of the mental content of the individual. Frustration of the individual
causes emotional eliminated by substitute behavior, that is crime or delinquency
of the individual.
5. Bromberg. In his book Crime and the Mind (1948), claimed that criminality is
the result of emotional immaturity. A person is emotionally matured when he has
learned to control his emotion effectively and who lives at peace with himself and
in harmony with the standard conduct which are acceptable to the society. An
emotionally immature person rebels against rules and regulations, tend to
engage in unusual activities and experience a feeling of guilt due to inferiority
complex.
6. Sigmund Freud. (The Ego and the Id, 1927) On his psychanalytic theory of
human personality and crimes has the following explanations:
a. Id are impulses of instinct of social drives. It contains what is inherited, that is
present at birth. A new born infant enters the world with an energy reservoir of
instinctive biological drives which is uncontaminated by external reality. At this
point, the human being is prepared of his instinctual energies, selfishness,
violence and anti-social wishes are part of the original instinct of man.
b. Ego. This form part of man’s physical organization between his sensory
stimuli on one hand and his motor activity on the other. The ego operates on
the basis of expediency. The question of right or wrong, safe or dangerous,
permitted or prohibited do not play an important role. The child begins to
acquire an awareness of One’s self-distinction from the environment.
Decisions are reached in terms of reality principle.
c. Super Ego. Means the conscience of man. It is the role of the agencies
outside the home which tries to control the ego. The super-ego tries to correct
or control the ego and maybe represented by the voice of God, moral truth,
commandments of society, good for the whole will of the majority, cultural
conventions and other rules.
To be normal, there must be a proper balancing of the above components. Imbalance or
disharmony may make the individual neurotic. If the super-ego is deficient or improperly
developed, then the ego will dominate, hence the person may become impulsive or
aggressive making them more prone to commit violent acts.
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
or a sense of guild or remorse that he may experience if he commits certain actions.
These forces operate within the person, without any need for restraint from outside.
3. External Inhibition
This refers to all types of external forces which may prevent an individual from
committing crime. These forces maybe produced by thought that the person can get
caught if he commits the crime, or sentenced to prison for a given number of years, or
disgraced in the community, or punished in some other way.
4. Contact with Reality
This refers to the extent to which the person learns from his past experiences,
especially his past mistakes, as well as to the extent to which he can evaluate
accurately the present situation and foresee the consequences of his present action to
his future.
5. Situational Crime Potential
This refers to the actual opportunity to commit the crime, that is the easiness or
possibilities to commit a crime offered by a given place, situation, person, or
environment.
6. Potential Satisfaction
This refers to the balance of gain and loss that a person experience if he
commits a given crime, if a person has nothing to loss, he is like more likely to commit
the crime. If instead, he has a great deal of assets in his life, and cares about them,
such as love in relation to his parents, his family, his children, a good job, hobbies,
money in the bank, property, good reputation, he is not likely to commit certain crime
because, he has too much to lose.
Types of Epilepsy:
a. Grand Mal – There is complete loss of consciousness and general contraction of
the muscles.
b. Petit Mal- Mild or complete loss of consciousness and contraction of muscles.
c. Jacksonian Type- localized contraction of muscles with or without loss of
consciousness.
9. Alcoholism- this is a form of vice causing mental disturbances. It is a condition
wherein a person is under the influence of intoxicating liquor or alcohol. His
physical condition and behavior has been modified to a certain extent by the
effects of alcohol. The drunkard habitually takes or uses intoxicating alcoholic
liquor and once under the influence of liquor becomes dangerous to himself or
others. He may commit violent crimes and inflict physical injuries. Habitual
drunkard may commit suicide, sex offenses and acquisitive crimes. Young
children, likewise, may become delinquent.
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Causes of Alcoholism:
a. Some people believes that alcohol serves as an appetizer before taking
meals.
b. Sometimes alcohol give them soothing effects.
c. Alcohol is used as a means of escaping personal problems.
d. As a way of escaping from unpleasant realities in life.
10. Drug Addiction- this is another form of vice which causes strong vicious mental
disturbance. It is the state of periodic or chronic intoxication produced by the
repeated consumption of natural or synthetic drugs. The vice is punishable by the
revised Penal Code and the Dangerous Drug Act. An addict may commit crimes
against a prostitute just to get money to buy her drugs. An addict during
withdrawal symptoms may commit violent crimes or may commit suicide due to
extreme sufferings. The addict is lazy, unsanitary and become less dependable.
Page 46 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Broken Home and Family
A family is a homogenous, unified and intimate social group wherein children
have their initial experience with others; receive protection, normal instruction and basic
physical and emotional satisfaction. It is the agency through which he becomes familiar
neighborliness, good sportsmanship, courtesy and good manners, truthfulness and
reliability. Frequently, however, homes are very unpleasant places because of
drunkenness, quarrelling and nagging. In such cases there is a tendency to avoid the
home and seek pleasure elsewhere. Too often, the pleasure sought from the place
leads to unfavorable situation that may become causes of delinquency or criminality.
Characteristics of a Normal home
a. Physically complete where both natural parents are present
b. There is social and religious similarity in the group
c. It must be economically stable to maintain normal health
d. Both parents must have the same cultural background
e. There must be physical and psychological normality
f. There must be functional adequacy
Basic Needs of Children:
a. Security- Economic and emotional security must be provided to children. Food,
shelter, clothing and love are necessary for their existence.
b. Recognition- the parents are the ones who first recognize whatever
accomplishment a child has for himself.
c. Status- this is the ticket for admission in other constructive group.
d. Companionship
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
5. Lack of Employment and Poverty
Lack of employment and poverty gives us too much leisure time, leads us to
poverty, loss of self-respect which may lead us to crime. Although however, poverty
itself is not a direct cause of crime but it is true that is may set up demands and
situations that can be satisfied only by larceny, illegal occupations and drunkenness.
OTHER CRIMINOGENIC FACTORS OR CAUSES OF CRIMES
A. Failure of the school in character development of the children and youth
The duty of the school in the character development of children is complimentary
to the home. Second to the home, the school has close contact with children for a long
period of time so that is has a powerful influence in the life of the child and has much to
do with the future life and career of children.
Primary functions of the school
1. To inculcate civic and patriotic responsibility in children.
2. As an agency of social control over the mores and culture of society
3. It furnish technical competence for their future employment.
4. It is a place where initial evidence can be manifested towards criminal behavior.
B. The teaching or religion may sometimes be misdirected from its purposes and
objectives.
The relevance of religion to criminality has always been considered on how much
it helps in combating delinquency. This is due mainly to the fact that religion has always
supported morality, decency, love of mankind, and above all, love of God. Delinquency
and crime therefore, has not only been seen as a wrong in the eyes of the law but
likewise in the eyes of God. However, there is a little knowledge for each one of us that
religion sometimes serves as the vehicle of crimes under these circumstances:
1. When a certain religious group actively participate in partisan political activities.
2. When religion tries to inculcate certain moral doctrine not in consonance with
accepted norm of society.
3. When religion preaches the use of violence in the attainment of their objectives.
C. the mass communication media may develop an artificial environment of
crimes and delinquency and influence the public to violate laws.
There is no doubt that with the perfection of the modern technology in mass
communication media, newspaper, radio, motion pictures, comic books, and television
have been the most effective means of disseminating information to our public in the
country today. Simultaneously, they create public character and particular type of
society that they will ultimately create on the public an artificial environment that develop
in the mind of the public. Media of course has always been conceived for the good but
sometimes they may enhance the development of criminal behavior under the following
circumstance:
1. Newspaper is considered a factor to criminality when:
a. It promotes crime by constantly advertising the crime by putting into the
headlines
b. It glorifies criminal leaders and consequently increases their prestige
c. It interferes in the administration of justice by `` trial by newspaper’’ and by
giving advance information to the public.
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
d. It produces public panic in regards to crime which make consistent and sober
judicial and preventive procedure difficult.
e. It frequently advances information to the criminals regarding the plans of the
police and law enforcers.
2. Movies, televisions and radio are factors to criminality when:
a. It displays crime technique and criminal pattern of behavior.
b. It arouses desires for easy money and luxury and suggests questionable
method of getting it.
c. It induced the spirit of bad behavior and toughness
d. It arouses intense sexual desire for sexual offenders
e. It facilitate day-dreaming of a criminal role
3. Comic books and other literature are crime producing when:
1. Failed to promote respect for law. ex . criminals are presented as heroes or
victims of prosecution while law enforcement officers are presented as comic
cop, as brute behind his badge, or a stupid bungler.
2. Pornographic comic books and other literatures are provoking abnormal
interest in sex, aggression, cruelty and deceit. They furnish rationalization for
these ideas which are more harmful ethically than the impulse they release.
3. Stories of comic books and other literature sometimes suggest profitable
opportunities for crime in certain localities.
4. Political causes may likewise bring about an artificial set of crimes due to
the following reasons:
There are too many laws and ordinances that are passed and violated.
1. The police and other law enforcement agencies are enforcing the laws carelessly
the people are impressed with the idea that they can break the law with impunity
from punishment and arrest.
2. Leniency of the courts to impose stiffer penalties which encourages compassion
for crimes.
3. There are certain laws that are to unpopular that even the most decent citizens
are violating it.
4. Poor prison system which fail to reform and rehabilitate prisoners and on the
other hand prisoners are learning techniques of committing crimes.
Page 49 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
CHAPTER V
STUDY OF CRIMINAL BEHAVIOR
CRIMINAL PSYCHOLOGY
KINDS OF BEHAVIOR
ASPECTS OF BEHAVIOR
C=T+S
R
Where:
The formula shows that a person’s criminal tendency and his resistance to them
may either result in criminal act depending upon, which of them is stronger. This means
that a crime or criminal behaviors exist when the person’s resistance is insufficient to
withstand the pressure of his desire or intent and the opportunity (Tradio, 1983).
In understanding this, the environment factors such as stress and strains are
considered because they contribute in mobilizing a person’s criminal tendency and the
individual’s psychological state while resistance t temptation arises from the emotional,
intellectual and social upbringing and is either manifestation of a strong or weak
character.
DETERMINANTS OF BEHAVIOR
The answer to these questions requires the study and understanding of the
influences of HEREDITY and ENVIRONMENT. As cited by Tuason:
Heredity (Biological Factors) - This refers to the genetic influences, those that
are explained by heredity, the characteristics of a person acquired from birth transferred
from one generation to another. It explains that certain emotional aggression, our
intelligence, ability and potentials and our physical appearance are inherited. It is the
primary basis of the idea concerning criminal behavior, the concept that “criminals are
born”. It also considers the influences of genetic defects and faulty genes, diseases,
endocrine imbalances, malnutrition and other physical deprivations that can be carried
out from one generation to another.
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
harmonious relationship or a pathogenic family structure: the disturbed family, broken
family, separated or maladjusted relations.
The inadequate family – characterized by the inability to cope with the ordinary
problems of family living. It lacks the resources, physical or psychological, for
meeting the demands of family satisfaction.
The anti-social family – those that espouses unacceptable values as a result of
the influence of parents to their children.
The discordant/disturbed family – characterized by non-satisfaction of one or
both parent from the relationship that may express feeling of frustration. This is
usually due to value differences as common sources of conflict and
dissatisfaction.
The disrupted family – characterized by incompleteness whether as a result of
death, divorce, separation or some other circumstances.
In the environment, the following are also factors that are influential to one’s behavior:
1. Institutional Influences such as peer groups, mass media, church and school,
government institutions, NGO’s, etc.
2. Socio-Cultural Factors such as war and violence, group prejudice and
discrimination, economic and employment problems and other social changes.
3. Nutrition or the quality of food that a person intake is also a factor that influences
man to commit crime because poverty is one of the many reasons to criminal
behavior.
In order to further understand and provide answers on the question that why do
some people behave criminally, it is important to study the other determinants of
behavior. These are needs, drives and motivation.
Motivation - Motivation on the other hand refers to the influences that govern the
initiation, direction, intensity, and persistence of behavior (Bernstein, et al, 1991). Thus
motivation refers to the causes and “why’s” of behavior as required by a need.
Motivation is the hypothetical concept that stands for the underlying force impelling
behavior and giving it s direction (Kahayon, 1975). Drives are states of comfortable
tension that spur activity until a goal is reached. Drive and motivation are covered in the
world of psychology, for they energize behavior and give direction to man’s action. For
example, a motivated individual is engaged in a more active, more vigorous, and more
effective that unmotivated one, thus a hungry person directs him to look for food.
Psychological Needs - are influenced primarily by the kind of society in which the
individual is raised. Psychological motives are those related to the individual happiness
and well-being, but not for the survival, unlike the biological motives that focuses on
basic needs – the primary motives.
Abraham Maslow has suggested that human needs form a hierarchy from the
most basic biological requirements to the needs for self-actualization – the highest of all
needs The pyramidal presentation shows that from the bottom to the top of the
hierarchy, the levels of needs or motive according to Maslow, are:
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
5. Esteem Needs – our motivation for an honest, fundamental respect for a
person as a useful and honorable human being.
6. Aesthetic Needs - our motivation for beauty and order
7. Self- actualization – pertains to human total satisfaction, when people are
motivated not so much by unmet needs, as by the desire to become all they
are capable of (self-realization).
According to the Maslow”s formulation, the levels that commands the individual’s
attention and effort is ordinarily the lowest one on which there is an unmet need. For
example, unless needs for food and safety are reasonably well-met behavior will be
dominated by these needs and higher motives are of little significant. With their
gratification, however, the individual is free to devote time and effort to meet higher level.
In other words, one level must at least be partially satisfied before those at the next level
become determiners of action.
Frustration refers to the unpleasant feelings that result from the blocking of
motive satisfaction. It is a form of stress, which results in tension. It is a feeling that is
experienced when something interferes with our hopes, wishes, plans and expectations
(Coleman, 1980). Conflict refers to the simultaneous arousal of two or more
incompatible motives resulting to unpleasant emotions. It is a source of frustration
because it is a threat to normal behavior (Berstein, et al, 1991).
Types of Conflicts
Page 55 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
The Ego Defense Mechanisms
Page 59 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
8. General Paresis – also called “dimentia paralytica”, a syphilitic infection o
f the brain and involving impairment of the CNS.
Disorders Involving Head Injury - Injury to the head as a result of falls, blows
and accidents causing sensory and motor disorders.
Page 60 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Those Affecting Women
As to Sexual Reversals
As to Sexual Urge
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
a. Fellatio – male sex organ to the mouth of the women coupled with the act
of sucking that initiates orgasm.
b. Cunnilingus – sexual gratification is attained by licking the external female
genitalia.
c. Anilism (anillingus) – licking the anus of the sexual partner
As to visual stimulus
Troilism – three persons participate in sex orgy such as two women versus on
man or vice versa.
Pluralism – group of persons in sexual orgies such as couple to couple sexual
relations. It is also called “sexual festival”.
Other Sexual Abnormalities
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
REPUBLIC ACT No. 11131
ARTICLE I
TITLE, POLICY, OBJECTIVES, TERMS AND PRACTICE
Section 1. Title. - This Act shall be known as "The Philippine Criminology Profession
Act of 2018".
(e) The integration of all criminology professional groups, and membership of all
registered criminologists to the accredited professional organization.
Section 4. Definition of Terms. - As used in this Act, the following terms shall be defined
as follows:
(b) Board refers to the Professional Regulatory Board for Criminologists created
hereunder;
(c) CHED refers to the Commission on Higher Education (CHED) created under
Republic Act No. 7722, otherwise known as "Higher Education Act of 1994", in
the formulation of policy standards, and monitoring of the criminology education
in the country, which shall be assisted by the Criminology Technical Panel
composed of the president of the APO, Chairperson of the Board of Criminology,
one (1) from the academe, and two (2) from the law enforcement agencies;
(e) Criminology refers to the scientific study of crimes, criminals, and victims, it
also deals with the prevention, and solution of crimes;
(f) Profession refers to the art and science in the practice of criminology
discipline; and,
Section 5. Scope of Practice. - The practice of criminology shall include, but shall not
be limited to, acts or activities performed:
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Armed Forces of the Philippines (ISAFP), and other intelligence service or
agencies of the government exercising similar functions;
(b) In line with the practice of teaching profession such as those performed by a
professor, instructor or teacher in any university, college or school duly
recognized by the government of any of the following professional and
component subjects of the criminology program: (1) Criminal Jurisprudence and
Procedure; (2) Criminalistics; (3) Law Enforcement Administration; (4) Crime
Detection and Investigation; (5) Correctional Administration; and (6) Criminal
Sociology and Ethics, and other technical and specialized subjects in the
criminology curriculum provided by the CHED;
The Board, in consultation with the APO and the academe, subject to the approval of
the Commission, may revise, exclude from or add to the above enumerated acts or
activities as the need arises to conform with the latest trends in the practice of
criminology in the country.
ARTICLE II
PROFESSIONAL REGULATORY BOARD FOR CRIMINOLOGISTS
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
position endorsed by the APO. The new Board shall be organized not later than six (6)
months from the effectivity of this Act.
(b) Must be of good moral character, good reputation and of sound mind and
body;
(f) Must be a member in good standing of the APO but not an officer or trustee
thereof; and
(g) Must not be a member of the faculty of any school, college or university
where a regular class or review course in criminology is offered, nor a member of
the staff of reviewers in a review school or center, and must not have any direct
or indirect pecuniary interest in any such institution.
Section 8. Term of Office. - The Chairperson and members of the Board shall hold
office for a term of three (3) years from the date of appointment or until their successors
shall have been qualified and appointed. They may be reappointed to the same office
for another term of three (3) years immediately after the expiry of their
term: Provided, That the holding of such position shall not be more than two (2) terms
nor more than six (6) years, whichever is longer: Provided, further, That the first Board
under this Act shall hold these terms of office: the Chairperson for three (3) years, the
first two (2) members for two (2) years, and the second two (2) members for one (1)
year: Provided, finally, That any appointee to a vacancy with an unexpired period shall
only serve such period. The Chairperson and the members shall duly take their oath of
office.
Page 66 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Section 9. Compensation, Allowances and Other Benefits. - The Chairperson and
members of the Board shall receive compensation, allowances and other benefits
comparable to that being received by the Chairpersons and members of other
Professional Regulatory Boards under the Commission as provided for under Section
10 of Republic Act No. 8981 and other existing laws.
Section 10. Powers, Functions, Duties and Responsibilities of the Board. - The Board
shall exercise executive, administrative, rule-making and quasi-judicial powers in
carrying out the provisions of this Act. It shall be vested with the following specific
powers, functions, duties and responsibilities:
(b) To receive complaints and decide the matter as to the malpractices and
unethical conduct in the practice of the criminology profession;
(c) To promulgate and issue rules and regulations implementing the provisions of
this Act;
(d) To promulgate and adopt Code of Ethics and Code of Good Governance for
the practice of criminology;
(f) To prescribe and promulgate guidelines on the conduct of a CPD program for
criminologists in consultation with the APO;
(g) To promulgate, adopt or amend the syllabi and tables of specifications of the
subjects for the licensure examination/s in consultation with the APO, the
academe, and the CHED Technical Panel for Criminology, prepare questions for
the licensure examination which shall strictly be within the scope of the syllabi of
the subjects for examination, as well as administer and correct, and release the
results of the licensure examinations;
(i) To administer oaths in the performance of its functions such as, but not limited
to, the oath of a professional to successful examinees in licensure examination
for criminologist together with the APO in an appropriate mass oath-taking
ceremony to be held for the purpose;
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
(j) To monitor the conditions affecting the practice of criminology and whenever
necessary, adopt such measure as may be deemed proper for the enhancement
of the profession and the maintenance of high professional, ethical an^ technical
standards; for this purpose, the members of the Board, duly authorized by the
Commission, may conduct ocular inspection of establishments where criminology
is practiced, and recommend sanction as it may deem proper to the appropriate
government agency concerned;
(k) To monitor all colleges and universities offering criminology program and
recommend sanctions to the CHED or to other authorized government offices, for
noncompliance with the policies, standards, and requirements as to faculty
qualifications, laboratory, library, facilities and equipment, research outputs,
curriculum and administration of the criminology education;
(l) To hear and investigate cases on violations of this Act, its implementing rules
and regulations (IRR), the Code of Ethics, the Code of Good Governance and
other policies, and for this purpose, to issue summons, subpoena ad
testificandum and subpoena duces tecum to alleged violators and/or witnesses to
compel their attendance in such hearings or investigations and the production of
documents in connection therewith:
(o) To disqualify applicants for the licensure examination who has been
previously convicted of a crime with finality involving moral turpitude. Hear and
decide administrative cases against the examinees or registered criminologists if
they have been convicted of a crime involving moral turpitude: Provided, That if
they are found guilty, the Board shall cancel their examination papers and/or
preclude them from taking another licensure examination, or to revoke/suspend
their certificates of registration and cause the surrender of their professional
identification card subject to the rules and regulations of the PRC: Provided,
further, That the decision of the Board shall, unless appealed to the Commission,
become final and executory after fifteen (15) days from receipt of notice of
judgment or decision;
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Codes aforementioned, including violation of the General Instructions to
Examinees, and to render summary judgment thereon which shall, unless
appealed to the Commission, become final and executory after fifteen (15) days
from receipt of notice of judgment or decision;
(r) To exercise such other powers as may be provided by law as well as those
which may be implied from, or which are incidental or necessary to the effective
carrying out of the express powers granted to the Board to achieve the objectives
and purposes of this Act. The resolutions, rules and regulations and other
policies issued and promulgated by the Board shall be subject for review and
approval by the Commission.
(b) Commission of any of the causes/grounds and the prohibited acts provided in
this Act and the offenses in the Revised Penal Code, the Anti-Graft and Corrupt
Practices Act, and other laws;
(d) Conviction with final judgment of any crime involving moral turpitude. The
Commission, in the conduct of the investigation, shall be guided by Section 7(s)
of Republic Act No. 8981, the rules on administrative investigation, and the
applicable provisions of the New Rules of Court.
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Commission shall designate the Secretary of the Board and shall provide the other
support services to the Board in order to implement the provisions of this Act.
ARTICLE III
EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE
(b) Must be of good moral character, good reputation and of sound mind and
body certified by the school wrhere he/she graduated and the barangay where
he/she lives, unless the examinee is a foreign national a certification from any
professional of good standing will do;
(c) Must hold a bachelor's degree in criminology duly accredited by the CHET)
and conferred by a school/college/university duly authorized by the government
or its equivalent degree obtained by either a Filipino or foreign citizen from an
institution of learning in a foreign country/state: Provided, That it is duly
recognized and/or accredited by the CHED;
(d) Must not have been convicted of an offense involving moral turpitude by a
court of competent jurisdiction; and
(e) Those who failed five (5) times whether consecutive or cumulative in the
criminologist licensure examination, must present a certification issued by a
reputable institution duly recognized by the CHED that such applicant has
satisfactorily completed a refresher course in criminology.
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
)
Criminal Law (Book I); Criminal Law (Book II); Related Special Penal Laws;
Criminal Procedure;
Evidence;
Court Testimony 20%
(b
Law Enforcement Administration:
)
Police Organization and Administration, Police Planning;
Police Patrol Operations, Police Communication System;
Police Intelligence;
Police Personnel and Records Management; Comparative Police Systems;
Industrial Security Management 20%
(c) Crime Detection and Investigation:
Fundamentals of Criminal Investigation;
Special Crime, Organized Crime Investigation; Fire Technology and Arson
Investigation;
Traffic Management and Accident Investigation;
Drug Education and Investigation;
Vice Control 15%
(d
Criminalistics:
)
Forensic Photography; Personal Identification; Forensic Medicine; Polygraphy;
Examination; Forensic Ballistics;
Questioned Documents 20%
(e
Correctional Administration:
)
Institutional Corrections; Non-Institutional Corrections 10%
(f) Criminal Sociology:
Introduction to Criminology and Psychology of Crimes;
Philippine Criminal Justice System;
Ethics and Values;
Page 71 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Juvenile Delinquency and Crime Prevention;
Human Behavior and Crisis Management; Criminological Research and
15%
Statistics
The Board, in consultation with the APO and the academe and subject to the approval
of the Commission, may revise or exclude any of the subjects with their corresponding
ratings and their syllabi, and add new ones as the need arises to conform with
technological changes brought about by developing trends in the profession.
However, the Board may change or revise any of the above subjects in the event the
CHED shall correspondingly change the curriculum prescribed for the Degree of
Bachelor of Science in Criminology. In the conduct of the examination, the Board, in its
discretion, may give practical and field examinations in each subject, as it may deem fit.
Section 16. Persons to Teach Subjects for Licensure Examination. - All subjects for the
licensure examination shall be taught by a registered criminologist who is a holder of a
valid certificate of registration and updated professional identification card for
criminologist, APO membership, and CPD required units earned, and meet other CHED
requirements. Allied fields in criminology may also be allowed to teach as it may deem
proper.
Any examinee who failed three (3) or more board subjects shall be deemed to have
failed the board examination.
Section 18. Report of Rating. - The Board shall submit to the Commission the ratings
obtained by the candidates not later than ten (10) days after the last day of the
examination, unless the period is extended for a valid cause.
Section 19. Oath. - All successful candidates of the licensure examination shall take
their oath of profession in person before the Board or any of its members, and with the
APO in an oath-taking ceremony held for such purpose. Any person authorized by law
Page 72 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
may administer oath to any successful examinees only upon membership of the APO
prior to entering the practice of the profession.
A professional identification card bearing the registration number and date, its validity,
and expiry duly signed by the Chairperson of the Commission shall likewise be ^issued
to every registrant who has paid the prescribed fee. It shall be reissued after every three
(3) years upon payment of the prescribed fees, prescribed units earned in the CPD, and
certified by the APO as active member.
(a) Violation of any provision of this Act, its IRR, the Code of Ethics, the Code of
Good Governance, or policy of the Board and/or the Commission;
Page 73 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
(c) Perpetration or use of fraud in obtaining one's certificate of registration,
professional identification card or temporary/special permit;
(e) Nonrenewal of the professional identification card for a period of six (6) years
with the PRC without justifiable cause;
(g) Illegally practicing the profession during the suspension from the practice
thereof;
(h) Addiction to drugs or alcohol impairing one's ability to practice the profession
or a declaration by a court of competent jurisdiction that the registrant is of
unsound mind; and
(i) Noncompliance with the CPD and APO requirements, unless one is exempted
therefrom, for the renewal of the professional identification card. The Board shall
periodically evaluate the aforementioned grounds and revise or exclude or add
new ones as the need arises subject to approval by the Commission.
Any person, firm or association may file charge/s in accordance with the provision of
this section against any registrant, and the Board may investigate the commission of
any of the abovementioned causes. Affidavit-complaint shall be filed together with the
affidavits of witnesses and other documentary evidence with the Board through the
Legal and Investigation Office. The conduct of an investigation motu proprio shall be
embodied in a formal charge to be signed by at least majority of the members of the
Board. The rules on administrative investigation issued by the Commission shall govern
the hearing or investigation, subject to applicable provisions of this Act, Republic Act
No. 8981 and the Rules of Court.
Page 74 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
A certificate of registration, professional identification card or temporary/special permit
that has been declared lost may be reissued in accordance with the rules thereon and
upon payment of the prescribed fees.
Section 24. Nonpayment of the Annual Registration Fees. - The Board shall suspend a
registered criminologist from the practice of the profession whether in government
service, or have used the license as eligibility equivalent for promotion in government
service, or in the private sector, for nonpayment of the registration fees for two (2)
consecutive registration periods from the last or previous year of payment. Other
surcharges shall be determined and charged by the Commission.
ARTICLE IV
PRACTICE OF CRIMINOLOGY
(2) Holders of valid temporary/special permits issued by the Board and the
Commission to foreign licensed criminologists pursuant to this Act.
(1) Single proprietorship whose owner and technical staff are registered
criminologists;
Page 75 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
(2) Partnership duly registered with the Securities and Exchange
Commission (SEC) as professional partnership pursuant to the Civil Code
and composed of partners majority of whom are registered criminologists;
(3) Corporation duly registered with the SEC as engaged in the practice of
criminology and with officers and Board of Directors who are all registered
criminologists; and
These juridical persons shall also be registered with the Board and the
Commission in accordance with the rules and regulations thereon.
Section 28. Seal, Issuance and Use of Seal. - There shall be a seal to be exclusively
and legitimately used by the practitioners of the criminology profession which shall be
distributed by the Board through the APO.
(2) If their services are urgently and importantly required for lack or
inadequacy of available local specialists or experts; or for the promotion or
advancement of the practice of criminology through transfer of technology;
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
(b) Registered criminologists from foreign countries/states whose services shall
be free and limited to indigent patients in a particular hospital, center or clinic;
and
The permit shall, among other things, contain these limitations and conditions for a
period of not more than one (1) year subject to renewal: the branch or specialty of
criminology and the specific place of practice such as clinic, hospital, center, school,
college or university offering the course of criminology. The Board, subject to the
approval of the Commission, shall promulgate rules and regulations on the
implementation of this particular section.
All criminologists whose names appear in the Registry Book of Criminologists shall ipso
facto or automatically become members thereof and shall receive therefrom, all the
benefits and privileges upon payment of APO membership fees and dues. Membership
in an affiliate organization of criminologists shall not be barred.
ARTICLE V
PRIVILEGES OF REGISTERED CRIMINOLOGISTS
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Section 34. Privileges of Registered Criminologists. - All registered criminologists shall
be exempt from taking any other entrance or qualifying government or civil service
examinations and shall be considered civil service eligible to the following government
positions, among others: (1) Dactylographer; (2) Ballistician; (3) Questioned Document
Examiner; (4) Forensic Photographer; (5) Polygraph Examiner; (6) Probation Officer; (7)
Parole Officer; (8) Special Investigator; (9) Special Agent; (10) Investigative Agent; (11)
Intelligence Agent; (12) Law Enforcement Evaluation Officer; (13) National Police
Commission (NAPOLCOM) Inspector; (14) Traffic Operation Officer; (15) Associate
Graft Investigation Officer; (16) Special Police Officer; (17) Safekeeping Officer; (18)
Sheriff; (19) Security Officer; (20) Criminal Investigator; (21) Warden; (22) Reformation
Officer; (23) Firefighter; (24) Fire Marshall; (25) Jail Officer up to the rank of Jail
Superintendent; (26) Police Officer up to the rank of Police Superintendent and other
law enforcement agencies, and agencies under the Criminal Justice System.
Page 78 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Section 37. Penal Clause. - A fine of not less than One hundred thousand pesos
(₱100,000.00) nor more than Five hundred thousand pesos (₱500,000.00), or
imprisonment for not less than two (2) years and one (1) day nor more than six (6)
years, or both, at the discretion of the court shall be imposed upon any person who shall
commit any of the following acts:
(f) Violating any provision of this Act or the IRR thereof. Where the violator is a
juridical person, the Board of Directors and other responsible officers of the
corporation shall be held liable.
Section 38. Enforcement. - In carrying out the provisions of this Act, the Board shall be
assisted by the Commission, the APO, duly constituted government agencies and
authorities and private organizations in the industry.
Section 41. Implementing Rules and Regulations (IRR). - Within ninety (90) days from
the effectivity of this Act, the Board, subject to approval by the Commission, and in
coordination with the APO, shall prescribe, promulgate and issue a Board Resolution on
the IRR cf this Act and which shall be effective fifteen (15) days after its publication in
the Official Gazette or in any newspaper of general circulation.
Page 79 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
Section 42. Separability Clause. - If any provision, section or part of this Act shall be
declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair
any other provisions, sections or parts hereof.
Section 43. Repealing Clause. - Republic Act No. 6506, otherwise known as "An Act
Creating the Board of Examiners for Criminologists in the Philippines and for Other
Purposes", is hereby repealed. All other laws. Republic Acts, decrees, orders, letters of
instruction, rules and regulations or other issuances, and parts thereof inconsistent with
the provisions of this Act are likewise repealed or modified accordingly.
Section 44. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.
Approved,
GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives
This Act was passed by the Senate of the Philippines as Senate Bill No. 452 on March
12, 2018, and was adopted by the House of Representatives as an amendment to
House Bill No. 7191 on September 11, 2018
“If you know the enemy and know yourself, you need not fear the
result of a hundred battles. If you yourself but not the enemy, for
every victory, you will suffer defeat. If you know neither yourself
nor the enemy, you are a fool who will meet defeat in every battle”.
Page 80 of 81
Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice
“KEEP ON RESEARCHING AND STUDYING”
GOD BLESS YOU
-ABDE-
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Instructor: AL BIEN D. ESCOBAÑEZ R.Crim, MS CJ (CAR)
Registered Criminologist
Master of Science in Criminal Justice