Professional Documents
Culture Documents
Lord Kayo Na Po Ang Bahala Mwa
Lord Kayo Na Po Ang Bahala Mwa
INTRODUCTION TO CORRECTION
TOPICS
1. History of Correction in the Philippines
2. Two Approaches of Correction
3. Agencies concerned in Correction
4. Inmates and Prisoners
5. Security Classification
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
discuss the concept of punishment and its purpose;
identify the role of Corrections in the Criminal Justice System;
discuss the different approaches of correction;
enumerate the agencies tasked to work on the rehabilitation of inmates; and
enumerate and explain the different security classification in terms of correction.
The government maintained six correctional institutions and penal farms. The nation's largest prison was the National
Penitentiary at Muntinlupa, Rizal Province, near Manila, which also operated the Manila City Jail. The penitentiary
served as the central facility for those sentenced to life imprisonment or long-term incarceration. It was divided into
two camps to separate those serving maximum and minimum penalties. The Correctional Institution for Women was
located in Metropolitan Manila. Combination prison and penal farms also were located in Zamboanga City, and in
Palawan, Mindoro Occidental, and in several Mindanao provinces. Prison conditions in the Philippines were generally
poor, and prison life was harsh.
Some prison inmates were eligible for parole and probation. Before serving their sentence, felons, who were not
charged with subversion or insurgency, or had not been on probation before, could apply for probation. Probationers
were required to meet with their parole officers monthly, to avoid any further offense, and to comply with all other
court-imposed conditions. After serving an established minimum sentence, certain prisoners could apply to their
parole board for release. The board could also recommend pardon to the president for prisoners it believed to have
reformed and who presented no menace to society.
In 1991 crime still was a serious, if somewhat reduced, threat to the general peace and security of society and was
aggravated by corruption in the police and court systems. The politicization of the military was seen as a long-term
problem and the threat of a military coup remained significant. The threat of a CPP-led takeover seemed to be
receding as NPA guerrilla strength ebbed. The socioeconomic roots of the revolutionary movement remained and
promised to make the insurgency a problem for some time to come, despite its slow decline. The government also
recognized the continuing threat posed by well-armed Filipino Muslim rebels, although few feared a near-term
resurgent Moro uprising. External security threats were not perceived.
Correction, defined
Is that branch of the administration of criminal justice charged with the responsibility for the custody, supervision and
rehabilitation of those who judicially found violated criminal law.
Correction is in a view of reorientation or re-instruction of the individual with a purpose of preventing a repetition of
the unlawful activities without necessity of taking punitive action.
TOPIC 2: TWO APPROACHES OF CORRECTION
1. Institutional Correction (Institution-Based Correction) – rehabilitation or correctional programs take
place inside correctional facilities or institutions such as national penitentiaries and jails.
2. Non-Institutional Correction (Community-Based Correction) – rehabilitation or correctional
programs take place within the community. This is otherwise referring to as community-based
correction. In this approach, the convict will not be placed or released from correctional facility or jails.
2.1 Community –Based Correction Programs
a. Probation – Is a disposition under which an accused after conviction and sentence, is
released subject to conditions imposed by the Court and to the supervision of a probation
officer.
b. Parole – A conditional release from prison of a convicted person upon service of the minimum
of his indeterminate penalty.
c. Pardon - A form of executive clemency which is exercise exclusively by the Chief Executive.
Pardon may be given conditionally (conditional pardon) or unconditionally (absolute pardon).
For the purpose of Non-Institutional Correction, it is the Conditional Pardon with parole
conditions is under consideration.
TOPIC 3: AGENCIES CONCERNED IN CORRECTION
BUREAU OF CORRECTIONS
As one of the five pillars of the Criminal Justice System, the BJMP was created to address
growing concern of jail management and penology problem. Primarily, its clients are
detainees accused before a court who are temporarily confined in such jails while
undergoing investigation, waiting final judgement and those who are serving sentence
promulgated by the court 3 years and below. As provided for under R.A. No. 6975, the Jail
Bureau is mandated to take operational and administrative control over all city, district and
municipal jails.
PAROLE AND PROBATION ADMINISTRATION
The Parole and Probation Administration (PPA) provides a less costly alternative to
imprisonment of offenders who are likely to respond to individualized community based
treatment programs.
Inmate – is a person committed to jail/prison by a competent court or authority for any of the following reasons:
1. To serve a sentence after conviction;
2. Under trial;
3. Under investigation.
Notes:
The court is said to be competent when it has the jurisdiction to try and decide a particular case.
Requisites for valid exercise of Criminal Jurisdiction
a. There must be a jurisdiction over the subject matter;
b. There must be a jurisdiction over the territory; and
c. There must be a jurisdiction over the person of the accused.
Aside from courts, there are other authorities that can commit a person to jail like Boards and Commission
and even police authorities within limited periods.
Category of Inmates
1. Sentenced Prisoner (Prisoner) – are persons who are convicted by final judgment of the crime charged
against them;
2. Detention Prisoner (Detainee) – are persons who are detained for the violation of law or ordinance and
has not yet been convicted; and
3. Persons held for investigation or safekeeping.
Note:
Safekeeping – is the temporary custody of a person or detention of a person for his own protection or care, to secure
from liability to harm, injury or danger.
After the lapse of the period for perfecting an appeal which is fifteen (15) days;
When the sentence has been partially or totally satisfied or served;
When the accused expressly waives in writing his right to appeal;
When the accused applies for probation.
1. INSULAR PRISONER – is a person who is sentenced to serve a prison term of over three (3) years and it is
also known as National Prisoner.
2. PROVINCIAL PRISONER – one who is sentenced to a prison term of six (6) months and one day (1) to
three (3) years.
3. CITY PRISONER – is a person who is sentenced to serve a prison term of one (1) day to three (3) years.
4. MUNICIPAL PRISONER – is a person who is sentenced to serve a prison term of one day (1) day to six (6)
months.
Note:
The classification enumerated above is based on the duration of imprisonment of the convicted person.
TOPICS
1. History of Punishment
2. Definition of Punishment
3. Early Codes
4. Ancient forms of Punishment
5. Contemporary forms of Punishment
6. Justification of Punishment
7. Judicial Conditions of Penalty
8. Effects of Punishment and How to use it effectively
9. Factors That Contribute to Make Punishment a Least Effective Means of Reducing Crime
10. Exemptions from Punishment
11. School of thought in Correction
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
1. determine the historical development and penology;
2. familiarize the ancient form of punishment and how it affects the punishment
today;
3. enumerate the school of thoughts in correction and their contribution in todays
practice;
4. explain the reasons behind punishment and its limitations; and
5. discuss exemptions from punishment and why it is necessary.
The earliest form of punishment was death, torture, maiming and banishment. The jail was introduced in Medieval
Europe as place of confinement of persons arrested and undergoing trial, and for those convicted of minor offenses
such as drunkenness, gambling and prostitution.
Death, corporal punishment and banishment were still the penalties for offenses which today are punishable by
imprisonment. Later, convicted offenders were chained to galleys to man the ships of war. England, France and Spain
used the transportation system of punishment by indenturing their convicts to penal colonies where they served as
slaves until they completed their service of sentences.
Transportation of offenders to penal colonies was practiced principally by Europe countries that had acquired distant
colonies because of the need to import labor into these colonies.
Punishment is a means of social control. It is a device to cause people to become cohesive and to induce
conformity.
Punishment is the infliction of some sort of pain on the offender for violating the law.
Penalty imposed, as for transgression of law any pain, penalty, forfeiture, or confinement imposed by the court
for a wrong doing.
Latin lex talionis , principle developed in early Babylonian law and present in both biblical and early
Roman law that criminals should receive as punishment precisely those injuries and damages they had
inflicted upon their victims. Many early societies applied this “ eye-for-an-eye” principle literally.
In ancient Palestine, injury and bodily mutilation, as well as theft, were considered private wrongs. As
such, the matter was settled not by the state but between the person who inflicted the injury and the one
injured, an attitude that also prevailed in early Rome. Talion was the ultimate satisfaction a plaintiff might
demand but was not mandatory; the injured person could obtain satisfaction with money if he wished.
Code of Hammurabi , the most complete and perfect extant collection of Babylonian laws, developed
during the reign of Hammurabi (1792–1750 BCE) of the 1st dynasty of Babylon. It consists of his legal
decisions that were collected toward the end of his reign and inscribed on a diorite stela set up in
Babylon’s temple of Marduk, the national god of Babylonia. These 282 case laws include economic
provisions (prices, tariffs, trade, and commerce), family law (marriage and divorce), as well as criminal
law (assault, theft) and civil law (slavery, debt). Penalties varied according to the status of the offenders
and the circumstances of the offenses.
2. Crime and Sin – “Get right with God”, directive that the offender must make peace with God through
repentance and atonement. The early codes even the Ten Commandments were designed to make the
offender’s punishment acceptable to both society and God.
3. Roman and Greek Codes
Code of Justinian (Sixth Century A.D.) – the legal code of ancient Rome; codified under Justinian
which is the basis for many modern systems of civil law.
Code of Graco in Greece – concept of public good is more important than individual injury or
vengeance.
4. Middle Ages – reformation was viewed as a process of religious, not secular, redemption. As in early
civilizations, the sinner had to pay two debts, one to society and another to God.
TOPIC 4: ANCIENT FORMS OF PUNISHMENT
DEATH PENALTY (CAPITAL PUNISHMENT) – sentencing a convicted person to death by means of hanging, burning,
immersing in boiling oil, feeding to wild animals and other barbaric ways.
GOSSIPS BRIDLE. An iron frame was placed over the head. It had a gag or a plate (or
sometimes a sharp knife or pointed metal) which was placed in the woman’s mouth to
prevent her from moving her tongue. With the bridle in place, the woman was led
through the streets by an attached chain or was chained to a whipping post, and
subjected to insult and degradation.
DUCKING STOOL. This was used mostly for brawling women from around 1560 to
1750. A culprit was placed on a stool attached to a wooden arm which swiveled from an
upright post beside a pond. The number of duckings was usually three.
LOCK-UPS. These replaced the pillories and usually housed brawlers and drunkards.
They were also used as overnight accommodation for prisoners being transported across the counties.
COUNTY GAOL. Although each county had its own Sheriff in 1566, not all counties had gaols until some 50 years later.
They presented terrible conditions and were often riddled with disease and overcrowded. Debtors were also
incarcerated in the county gaols.
BRANDING. In the 17th century, a convicted man could claim “Benefit of Clergy” for
exemption. He had to prove to the Court that he could read and so was regarded as
being a clerk. The left hand was branded with a hot iron. Branding was sometimes done
on the cheek. It was abolished in 1822.
DEATH FOR WITCHCRAFT. During the reign of James I, from 1603 to 1625, it is
believed that more than 3,000 witches were executed. Witch hunting became a popular
sport and many protested their innocence but were hanged. It was finally abolished in
1736.
JUDGEMENT OF PENANCE. Punishment was meted out to those who remained silent in the witness box. Between
1399 and 1413, under Henry IV, if a witness remained silent after being asked to answer a question a third time they
were taken to a dark dungeon, laid on their backs, and a heavy iron weight was put in place. Gradual starvation followed
until death occurred. In 1772 an Act was passed stating that silence assumed a verdict of guilty. In 1827 a further Act
assumed that silence was a plea of not guilty.
CAPITAL PUNISHMENT. The death penalty was frequently used up to 1829. After that it was only used for crimes of
murder or high treason. After 1868, executions were conducted in private rather than in public places.
BURNING TO DEATH. This brutal punishment for women who committed treason was replaced with hanging from
around 1790.
DEATH BY SAWING. This form of execution is most closely associated with the reign
of the Roman Emperor Caligula. The criminal was attached to an arch of wood and then
sawn vertically from the groin down through the skull.
GAROTTE. was used in Spain for hundreds of years, the garotte is an efficient means
of execution by asphyxiation. In an earlier version, the victim was tied to a steak and a
loop of rope was placed around his/her neck. A rod in the loop was turned until the rope
tightened, choking the victim. In later versions, the stake was replaced with a chair in
which the victim was bound, and the rope was replaced with a collar. Until 1940, Spain
implemented a version of the garotte which included a metal spike which was drive into
the spinal cord as the collar tightened.
GUILLOTINE. -conceived in the late 1700’s this was one of the first methods of
execution created under the assumption that capital punishment was intended to end
life rather than inflict pain. Although it was specifically invented as a human form of
execution it has been outlawed in France and the last one was in 1977.
-as the name implies it came it three parts. First, the victim was tied to a wooden frame
and dragged to the location of their execution (drawn). They were then hung until nearly
dead (hanged). Immediately after being taken down their abdomen was opened and
their entrails were removed.
-as the victim watched they were then burned before his or her eyes. He was then also emasculated and eventually
beheaded. After all of this, his body was divided into four parts (quartered) and placed in various location in England as
a public crime deterrent. This punishment was only used on men for any convicted woman would generally be burnt at
the stake as a matter of decency.
ELECTRIC CHAIR. -is an execution method originating in the United States in which
the condemned person is strapped to a specially built wooden chair and electrocuted
through electrodes placed on the head and leg. This execution method, conceived in
1881 by a Buffalo, New York dentist named Alfred P. Southwick.
Historically, once the condemned person was attached to the chair, various cycles
(differing in voltage and duration) of alternating current would be passed through the
individual’s body, in order to cause fatal damage to the internal organs (including the
brain). The first more powerful jolt of electric current was designed to pass through the
head and cause immediate unconsciousness and brain death. The second less
powerful jolt was designed to cause fatal damage to the vital organs. Death may also be
caused by electrical overstimulation of the heart.
FIRING SQUAD. -sometimes called fusillading (from the French fusil or rifle) is a
method of capital punishment, particularly common in the military and in times of war.
Execution by shooting is a fairly old practice.
-which asserted the criminals should receive as punishment precisely those injuries
they had inflicted upon their victims.
Administration was commonly done by a short lash at the end of a solid handle about
three feet long, or by a whip made of nine knotted wires, lines or cords fastened to a
handle (cat-o’-nine-tails), sometimes with barbed-wire spikes worked into the knots.
THE BRAZEN BULL. -was a hollow brass statue crafted to resemble a real bull. Victims
were placed inside, usually with their tongues cut out first. The door was shut, sealing
them. Fires would then be lit around the bull.
As the victim succumbed to the searing heat inside, he would thrash about and scream
in agony. The movements and sounds inside like those of a real bull. This effect created
additional amusement for the audience, and served the added benefit of distancing
them from the brutality of the torture, since they couldn’t directly see the victim.
-Legend has it that this device was invented by a Greek named Perillus (Perilaus in
some sources) for a tyrant named Phalaris of Agrigentum. Expecting a handsome
reward for his creativity, Perillus instead became the first person placed inside the
Brazen Bull. By some reports, Phalaris himself became an eventual victim of the bull
when his subjects grew tired of his mistreatment.
WHEELS. -wheels were adopted to many torturous uses. They could be part of a
stretching rack, but medieval torturers were far too creative to leave it at that.
-the victim would be tied to the wheel, and then swung across some undesirable thing below --fire was always a good
choice, but dragging the victim’s flesh across metal spikes also worked well.
-could also have spikes mounted on it so the pain came from all directions. Instead of swinging, the wheel might turn on
an axle.
-it was akin to crucifixion. Bones are all broken and will be placed in tall wooden pole and left there. Feeling all the pain
when still not dead but crows are there to the job.
PUBLIC HUMILATION OR SHAMMING. -the purpose of this was to put the offender to
shame. This was affected by use of stocks and pillory, docking stool, branding, shaving
off the hair etc.
PILLORY. -a wooden framework with holes for the head and hands, in which an
offender was imprisoned and exposed to public abuse.
BANISHMENT OR TRANSPORTATION. -this is the sending or putting away of an offender which was carried out
either by a prohibition against coming into a specified territory, or a prohibition against going outside a specified
territory, such as island to where the offender has been removed.
FURCA. -v-shaped yolk worn around the neck and where the outstretched arms of
convict were tied to.
1. IMPRISONMENT – the most common form of punishment. Putting offender in prison for the purpose of
protecting the public and at the same time rehabilitating by requiring the latter to undergo institutional
treatment program.
2. PAYMENT OF FINES – this is basic to violation of minor offenses. But, there are cases where fines are forced
with imprisonment.
3. PAROLE – is the conditional release of a prisoner from correctional institution after serving the minimum
period of prison sentence.
4. CONDITIONAL PARDON – executive clemency power to be exercise exclusively by the Chief
Executive/President. The imposition of conditions is likewise within the discretion of the President.
5. PROBATION – is a privilege granted by the court to a person convicted of a criminal offense to remain in the
community instead of actually going to prison/jail.
6. DEATH PENALTY – sentencing a convicted person to death especially to those who were convicted of
committing heinous crimes.
7. CORPORAL PUNISHMENT – physical torture as punishment short to death penalty are still practice in other
states but not here in the Philippines because of the constitutional prohibition for such imposition.
8. BANISHMENT – otherwise known as transformation, this is done by sending or putting away of an offender
which was carried out either denial against coming into a predefined region, or a disallowance against going
outside a predetermined domain, for example, island to where the guilty party has been evacuated.
9. COMMUNITY SERVICE – like payment of fines, this is commonly imposed to those simple infraction of laws.
TOPIC 6: JUSTIFICATION OF PUNISHMENT
1. RETRIBUTION – during the primitive days, punishment of the transgressor was carried out in the form of
personal vengeance.
2. EXPIATION OR ATONEMENT – An offense committed by a member against another member of the same
clan or group aroused the condemnation of the whole group against the offending member. The group would
therefore demand that the offender be punished. Expiation is therefore, group vengeance as distinguish from
retribution which is personal vengeance.
3. DETERRENCE OR EXEMPLARITY – It is commonly believed that punishment gives a lesson to the offender;
that it shows other what would happen if they violate the law; and that punishment holds crime in check.
4. PROTECTION/SOCIAL DEFENSE – Protection as a justification of punishment came after prisons, were fully
established. People believe that by putting the offender in prison, society is protected from his further criminal
depredation. Vicious and dangerous criminals are made to serve long terms of imprisonment to protect the
public from harm or against their dangerous behavior.
5. REFORMATION – Under this theory, society can best be protected from crime if the purpose of imprisonment
is to reform or rehabilitate the prisoner.
1. Must be productive of suffering – without however affecting the integrity of the human personality.
2. Must be commensurate with the offense – different crimes must be punished with different penalties.
3. Must be personal – no one should be punished for the crime of another.
4. Must be legal – it is the consequence of a judgment according to law.
5. Must be certain – no one may escape its effects.
6. Must be equal to all
7. Must be correctional
-correctional personnel tend to watch for minor rule infringement of non-conformism so that punishment can be
administered, and they overlook the any positive actions by offenders.
-punishment-oriented environment surround the offender with a wall of “do not”, leaving almost no leeway to do
anything.
-because of increasing number of crime rate, punishment is enforced more severely as a means to control criminal
behavior.
-Punishment indicates what is wrong but not what is right. One wrong response might be replaced with another wrong
response.
-Punishment creates a negative feeling toward the punishing agent, such as parents or the police, and interferes with
relationships regarding other issues.
-Punishment is more effective when it is administered immediately after an undesirable response. The longer the delay
in administering punishment, the more likely the punishment will be perceived as arbitrary, unfair, and unrelated to the
undesired behavior.
-Punishment should be unpleasant but not severe. If it is too mild, the punishment will be ignored; but if it is too severe,
those who are punished will think too much about the pain and discomfort and not enough about how they need to
change their behavior to avoid it in the future.
-Punishment should focus on a specific act, not on the person or on general behavior patterns. Punishment should not
be a means of revenge or a way of venting frustrations. Instead, it should be tied to a specific act that can be described.
-Punishment should be consistent across persons and across time. Whether or not punishment is administered should
not depend upon who misbehaved, who they are related to, or whether things are running smoothly or otherwise.
-Punishment should be administered in a way that informs people what they did wrong and also how they must change
to do it right. Simply knowing that what they did was wrong without knowing how to change can be very frustrating.
-Punishment is most effective when it occurs in the context of a loving and nurturing relationship. Since punishment
naturally creates a negative emotional feeling toward the punishing agent, it is essential that on other occasions a warm
and supportive relationship be developed to withstand the strain of punishment. When the relationship between a
person and the punishing agent is strained or distant, the punishment tends to be perceived as a personal attack that
creates a feeling of hatred rather than an indication of a wrongdoing that needs to be changed.
TOPIC 9: FACTORS THAT CONTRIBUTE TO MAKE PUNISHMENT A
LEAST EFFECTIVE MEANS OF REDUCING CRIME
1. Over severity of punishment may arose public sympathy for the offender.
2. Those persons most likely to be imprisoned are already accustomed to experience deprivation and frustration
of goals routinely in daily life.
3. It is impossible to fashion a practical legal “Slide Rule” which will determine exact degrees of retribution
appropriate for the list of crimes ranging from simple theft to murder.
4. The simple application of naked coercion does not guarantee that the subject of its force will alter their
behavior to conform to new legal norms or to improve their conformity with norms previously violated.
5. The possibility of deterrence varies with the chances of keeping the particular type of crime secret and
consequently of avoiding social reprobation.
Not everyone found violated penal laws will be subjected to punishment. Under Article 12 of the Revised Penal Code as
amended, the following are the enumerated circumstances which exempts a person from criminal liability;
1. An imbecile or an insane person, unless the insane person has acted during lucid interval
3. A minor over 15 years of age but under 18 unless he acted with discernment
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or
intention of causing it
6. Any person who acts under the impulse of uncontrollable fear of an equal or greater injury
7. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause
There are also persons exempt from the operation of our criminal laws by virtue of the principles of public international
law. These persons are Sovereigns and other Heads of States, Ambassadors, Ministers plenipotentiary, Ministers
resident and Charges d’Affaires.
A. PRE-CLASSICAL THEORIES
o Secular Theory of Punishment – the first person who attempted to explain crime is Aristotle, an Athenian
philosopher. In his book entitled “Nicomedean Ethics”, he discussed the philosophy of corrective justice.
According to him, punishment is a means of restoring the balance between pleasure and pain, whereby the
loss suffered by the victim is compensated by the suffering of the offender hence, restoring the balance
between the injured and the transgressor.
o JUDEAN-CHRISTIAN THEORY – this theory adhered that punishment has a redemptive purpose of repelling
sin advocated by the devil. This theory was at its fullest development during the death of Christ in 30 A.D.
o THE RISE OF CANONICAL COURTS (CHURCH’ COURT) – in the history, a system of trial and punishment
was established in the 4 th Century A.D. The rivalry existed between church and state in trying offense. In the
early Christian era, the church forbids its adherence to resort to state court and later in the medieval period the
power of state courts declined and the power of Canonical court was mainly reformatory in purpose.
o INDIVIDUALIZATION OF PUNISHMENT – the lawmakers and judges had the practical task of making and
administering law not only in the light of such theories of free will and responsibility, but also face to face with
the indignation of the community at a particular offense.
o ABUSE OF JUDICIAL INDIVIDUALIZATION – the law gave judges wide discretion to impose additional
penalties in view of the circumstances. This theory gave the judges tyrannical power which led to abuses.
Class discrimination in the administration of justice arose.
B. CLASSICAL SCHOOL
This theory considered man as a free moral agent therefore he is responsible for his acts. The classical theory
came about as a direct result of two influences: (1). It came about as a protest against the abuses of discretionary
power of judges; and (2). Influenced by the School of French philosopher and writer ROUSSEAU and his writings
contained in his book "Social Contract"
Cesare Beccaria published his book entitled "Crime and Punishment in 1764 protested against cruelties and
inequalities of the law and the courts during that time. Beccaria suggested that it is the legislature not the court must
determine the exact punishment appropriate to each crime. No discretion would thus be left to the judge.
1. Easy administration
2. Elimination of arbitrary sentence
a. Unfairness - men are treated equally without regard to differences in individual nature of the
circumstances
b. Punishment is not individualized
c. Professional criminals may calculate the risks of commission of the offense
d. Focused on the injury as the result of the crime, not the state of mind and nature of the criminal
e. It is more idealistic than realistic.
C. NEO-CLASSICAL SCHOOL — the principles of classical school remained intact, but the system of defined and
variable punishment was modified. The judge was given discretion in certain crimes to vary punishments between
the maximum and minimum fixed by law.
1. Exempting circumstances
2. Reduction of Punishment for partial freedom of the will only partial punishment
3. Punishment mitigating for lack of full responsibility
4. It represents the reaction against the severity of the classical theory of equal punishment irrespective of
circumstances
D. POSITIVE SCHOOL (THE ITALIAN SCHOOL) - defined individual responsibility and reflected an essentially non-
punitive reaction to crime and criminality. Since the criminal was held to be not responsible for his acts, he was not
being punished. The adherents of this school maintained that a crime, as any other act, is a natural phenomenon.
CESARE LOMBROSO
According to Lombroso there are three great classes of criminals: 1). Born Criminal
(atavism); 2). Insane Criminals (idiot, imbecile, dementia, paralysis, etc.); and 3).
Criminaloids (not born with physical stigma but who are of such mental make-up that
they display anti-social conduct. Psychological defect, not physical).
ENRICO FERRI
Published in 1878 "The Theory of Imputability and Denial of Freewill" and Criminal
Sociology in 1884. Ferri contributed to emphasis upon the social factors: 1). Physical
factors, including geographical climate and temperature; 2). Anthropological,
including psychological; and 3). Social, including economic and political factors as
well as gender, education and religion.
RAFFAELE GAROFALO
1. Peculiarities: Particular characteristics that place offenders at risk for criminal behavior
2. Extreme criminals: Execution for punishment
3. Impulsive criminals: Imprisonment for punishment
4. Professional criminals: Punishment is "elimination," either by life imprisonment or transportation to a penal
colony overseas
5. Endemic criminals: Controlled through changes in the law
E. MODERN CLINICAL SCHOOL - it studies the criminal rather than the crime. This school is interested primarily in
the personality of the criminal himself in order to determine the conditioning circumstances that explain his
criminality and in order to obtain light upon problem of how he should be handled.
LESSON 3
DEVELOPMENT OF CORRECTIONAL CONCEPTS AND STANDARDS
TOPICS
1. Development of Prison
2. Early Prisons
3. Early Workhouses
4. Early Cellular Prisons
5. Early forms of Prison Discipline
6. Age of Enlightenment and Reforms
7. Pioneers in Correctional Reform
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
1. explain the classification process through which the rehabilitation, program of
prisoners is carried out; and
2. determine the handling and treating criminal offenders;
3. identify the pioneers in prison reform; and
4. explain the reformation system before and today’s practice.
Prisons grew as a substitute for transportation, exile, public degradation, particularly corporal punishments, and the
death penalty. In the United States where prisons were first established, imprisonment was introduced as a substitute
for corporal punishment and death penalty when, by the provision of the Pennsylvania reform Law of 1790, corporal
punishment was abolished and the list of offenses punishable by death was reduced to only one - that of the first degree
murder as the United States and Europe curtailed the use of the Death Penalty, prisons and penitentiaries arose to take
care of the unexecuted and un-pardoned criminals long sentences required prisons and penitentiaries, that were not
places of detention for those awaiting trial or short sentences but places for lengthy stay.
Penitentiary - referred to a place where crime and sin may be atoned for and penitence produced.
3. Le Stinche Prison - built in the 1290s in Florence, Italy, housed male inmates separately from female
inmates, and also segregated inmates by age group, degree of sanity, and severity of offense.
4. Walnut Street Jail (1776) – was originally constructed as a detention jail in Philadelphia was converted into a
state prison and became the first American Penitentiary.
5. Devil's Island (Îsle du Diable) – 1852 - the most notorious prison in the world in terms of the harshness of its
regime and position. The island is situated in the Atlantic off the coast of French Guiana (N.E. coastline of S.
America) and was in use from 1852 to 1946.
Since the time of Constantine, placing the wrongdoer in seclusion to create an atmosphere conducive to penitence is
common. This form of imprisonment was modified into more formalized places of punishment within the walls of
monasteries and abbeys.
2. Dartmoor Prison - once known as the house of halfway to hell located in Devonshire, England that houses
French Prisoners.
3. Hospicio de San Michelle - Prison divided into cells and first established in the year 1704 at the Hospital of
St. Michael during the reign of Pope Clement XI; prototype of reformatories for juvenile offenders.
a. Rehabilitative concept
b. Segregation of prisoners
c. Forced silence for contemplation of prisoners
d. Many practices were adopted in Auburn system
4. Château d'If (pronounced as shat-o-deef) 1524 – fortress that was built on the rocky islet of If, 2 miles off
the French port of Marseilles. In 1580 it was taken into use as a state prison for those convicted of serious
political and religious crimes.
Workhouses was so successful that by 1576, Parliament required the construction of a Bridewell in every country in
England. The same unsettled social conditions prevailed in Holland, and the Dutch began building workhouses in 1596
that were soon to be copied all over the Europe.
TOPIC 4: EARLY CELLULAR PRISONS
1. Maison de Force - A Belgian workhouse for beggars and miscreants, designed to make a profit by an
enforced pattern of hard work with both discipline and silence. An important rule: "If a man will not work, neither
let him eat".
2. Hospice of San Michele - A correction facility designed for incorrigible boys and youth, and included silence,
large work areas, and separate sleeping cells. Both expiation and reform were intended goals.
3. Wallnut Street Jail - Originally constructed as detention jail in Philadelphia created by the Quakers, it was
converted into a state prison and became the first American Penitentiary.
4. Indiana Women’s Prison - It was established in 1873 as the first adult female correctional facility in the
country.
As of 2005 it had an average daily population of 420 inmates, most of whom are members of special-needs
populations, such as geriatric, mentally ill, pregnant, and juveniles sentenced as adults. Security levels range
from medium to maximum. The prison holds Indiana’s only death row for women; however, no Indiana woman
is currently sentenced to death.
The Walnut Street Jail — became the first American Jail. It was
originally constructed as a detention jail and was converted into a state
prisons. The Walnut Street jail become known as Pennsylvania
System. The first jail in America was built the Walnut Street Jail in
Philadelphia.
A prison model consisting of small individual cells, large work area for
group labor, and enforce silence.
WILLIAM PENN
-fought for religious freedom and individual rights. He was the first leader to prescribe
imprisonment as correctional treatment for major offenders. He also fought for the
abolition of death penalty and torture as a form of punishment.
Notes:
1. The Great Law - Body of laws of the Quakers that saw hard labor as a more effective punishment than death
penalty for crimes and one that demanded compensation to victims. Compared with the other harsh colonial
codes in force at that time, the Great Laws of Quakers was quite humane. This body of laws envisioned hard
A philosophic movement of the eighteenth century marked by rejections of traditional, social, religious, and political
ideas and an emphasis on rationalism.
The events in the eighteenth century where the most brilliant philosophers of our history recognized humanity's
essential dignity and imperfection. Such persons as Charles Montesquieu, Voltaire, Cesare Beccaria, Jeremy
Bentham, John Howard and William Penn led the movement for reforms.
1. Charles Montesquieu (1689-1755) - In his essay Persian Letters, Montesquieu used his mighty pen to bring
to public attention the abuses of criminal law.
2. Voltaire (1694-1778) - Involved in a number of trials that challenge the old ideas of legalized torture, criminal
responsibility and justice.
3. Jeremy Bentham (1748-1832) - Argued that the crime rate would go down if the amount of punishment were
carefully calibrated to deter potential offenders and maximize pleasures.
4. Hedonistic Calculus - Jeremy Benthams's argument that the main objective of an intelligent person is to
maximize pleasure while minimizing pain; it was believed that the individual's behavior could be influence in a
scientific manner
5. John Howard (1726-1790) - An English high sheriff who was so appalled by jail conditions that he undertook a
crusade to improve places of detention. He utilized his position to pressed for the legislation to alleviate some
abuses and improve sanitary conditions.
BENJAMIN RUSH
JOHN LOCKE
MANUEL MONTESINOS
He was the Director of Prisons at Valencia, Spain in 1835, who divided prisoners into
companies and appointed prisoners as petty officers in charge; allowed the reduction
of inmates sentence by 1/3 one-third for good behavior; offered trade training to
prepare the convicts for his return to society.
DOMETS OF FRANCE
ALEXANDER MACANOCHIE
He was the Director of the Irish Prisons in 1854 who introduced the Irish System
which was later on called the Progressive Stage System.
He was the superintendent of the Elmira Reformatory in New York in 1876 who
introduced a new institutional program for boys, 16-30 years of age.
Was the Director of English Prisons who opened the Borstal Institution after visiting
Elmira Reformatory in 1897, such Borstal Institutions are today considered as the
best reform institutions for young offenders, this system was based entirely on the
individualized treatment.
The Elmira Reformatory, which was considered as the forerunner of the modem
penology, was opened in Elmira, New York in 1876, the features of Elmira were a
training school type of institutional program, social case work in the institution, and
extensive use of parole. The first separate institutions for women were established in
Indiana and Massachusetts.
The reformatory system movement subdivided gradually following the opening of Elmira because of the founder's lack
of faith in the effectiveness of the program the defect of the system was laid on the lack of attempt to study criminal
behavior from which to base treatment.
By 1910, it was generally conceded that the reformatory system in the United States was failure in practice. It was not
until 1930 that the reformatory idea was revived as the direct result of the revamp of the educational program of the
Elmira Reformatory.
1. Alcatraz - Also known as the "Rock", a super maximum security facility island prison for inmates in San Francisco
bay Area and part of the U.S. Bureau of Prisons until its closure.
When the "Rock" was built in 1934, it was seen as the answer to the outrages of such desperate criminals as Al Capone,
Robert Stroud ("Birdman of Alcatraz"), and Bonie and Clyde. Eventually, the U.S. Bureau of Prison abandoned this
prison as too expensive to maintain
2. Lock Psychosis - Term denoting overconcentration of prison administrators with security and community protection,
to be accomplished through extensive use of locks, head counts, and internal control of inmates.
3. Convict Bogey - Irrational fear of prison inmates who can only be managed through head counts, locking, and
recounting.
LESSON 4
THE JAIL AND THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY
TOPICS
1. BJMP: Overview
2. History
3. Mission and Vision
4. Mandate and Major Programs
5. Organizations and Key Positions
6. Jail: Defined
7. Types of Jail
8. Types of Jail Based on its Jurisdiction
9. General Principles of Jail Management
10. Duties and Responsibilities of BJMP Personnel Assigned in Jails
11. Process of Admitting Person in Jail
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
1. define and explain the jail and the its role to the community;
2. enumerate the ranks, position, duties and responsibilities of the jail personnel;
3. identify the process in admitting a person in jail;
4. enumerate the different types of jail;
5. distinguish jail based on its jurisdiction; and
6. familiarize with the management style the BJMP has.
As one of the five pillars of the Criminal Justice System, the BJMP was created to address growing concern of jail
management and penology problem. Primarily, its clients are detainees accused before a court who are temporarily
confined in such jails while undergoing investigation, waiting final judgement and those who are serving sentence
promulgated by the court 3 years and below. As provided for under R.A. No. 6975, the Jail Bureau is mandated to take
operational and administrative control over all city, district and municipal jails.
The Bureau has four major areas of rehabilitation program, namely: Livelihood Projects, Educational and Vocational
Training, Recreation and Sports, and Religious/ Spiritual Activities. These were continuously implemented to eliminate
the offenders' pattern of criminal behaviour and to reform them to become law-abiding and productive citizens.
Although the workplace of the Jail Bureau is confined inside the portals of jail to safeguard inmates, nonetheless, the
Bureau has an inherent function of informing the public of jail operations and other matters concerning the corrections
pillar of the Philippines. Coincidentally, being a new and growing Bureau, BJMP aims to keep the public abreast of
information regarding jail management and penology.
TOPIC 2: HISTORY
On January 2, 1991, the Bureau of Jail Management and Penology was created thru Republic Act 6975 as a line
Bureau under the Department of Interior and Local Government. The Jail Bureau is the upgraded version of its
forerunner, the Office of Jail Management and Penology of the defunct PC/INP last headed by BRIG GEN Arsenio
E. Concepcion.
As mandated by law, the BJMP shall operate under the reorganized Department of the Interior and Local
Government.
Starting from scratch with 500 personnel in 1991 the BJMP weaned from its mother PC/INP as a mere component, to
become a full-fledge bureau. Director Charles S. Mondejar took his oath of office on July 1 of 1991 as the first
Chief of the Bureau.
The Bureau of Jail Management and Penology supervises and controls all district, city and municipal jails.
MISSION
To enhance public safety by ensuring humane safekeeping and development of Persons Deprived of Liberty (PDL) in
all district, city, and municipal jails for their reintegration to society.
VISION
A premier institution highly regarded by society for the secure and humane treatment of Persons Deprived of Liberty
(PDL) by its competent and motivated corps.
MANDATE
BJMP is mandated to direct, supervise and control the administration and operation of all district, city and municipal jails
nationwide with pronged tasks of safekeeping and development of inmates.
MAJOR PROGRAM
There are four (4) major programs under the mandate of BJMP and they are the following:
The second officer in command of the BJMP is the Deputy Chief for Administration, the third officer in command is the
Deputy Chief for Operations, and the fourth officer in command is The Chief of the Directorial Staff, all of whom carry the
rank of Chief Superintendent. They are assisted by the Directors of the Directorates in the National Headquarters who
carry the rank of at least Senior Superintendent.
The BJMP operates and maintains Regional Offices in each of the administrative regions of the country, headed by a
Regional Director for Jail Management and Penology, with the rank of at least Senior Superintendent. The Regional
Director is assisted by an Assistant Regional Director for Administration, Assistant Regional Director for Operations,
and Regional Chief of Directorial Staff, who are all officers with the rank of at least Superintendent.
The National Headquarters is the Command and Staff Office of the BJMP, and is composed of the Command Group,
Directorates and Management Support Staff, namely:
COMMAND GROUP:
DIRECTORATES
SUPPORT SERVICES
REGIONAL OFFICE.
The BJMP operates and maintains Regional Offices in each of the administrative regions of the country, headed by a
Regional Director for Jail Management and Penology, with the rank of at least Senior Superintendent. The Regional
Director is assisted by an Assistant Regional Director for Administration, Assistant Regional Director for Operations,
and Regional Chief of Directorial Staff, who are all officers with the rank of at least Superintendent.
In every province, the BJMP operates and maintains a Provincial Jail Administrator’s Office headed by a Provincial
Administrator, to oversee the implementation of jail services of all district, city and municipal jails within its territorial
jurisdiction.
DISTRICT JAIL.
Within large cities or a group of clustered municipalities, a District Jail headed by a District Warden may be established.
The BJMP operates and maintains City and Municipal Jails, each headed by a City or Municipal Warden, as the case
may be.
TOPIC 6: JAIL DEFINED
- It is a place of confinement for city and municipal prisoners, any fugitive from justice, or person detained awaiting or
undergoing investigation or trial and/or transfer to the National Penitentiary, and/or violent mentally ill person who
endangers him/herself or the safety of others, duly certified as such by the proper medical or health officer, pending
transfer to a mental institution.
-Are institutions for the confinement of persons who are awaiting final disposition of their criminal cases and also the
service of those convicted and punished with shorter sentences, usually up to three (3) years.
ORIGIN OF JAIL
The jail is said to have originated in Medieval England. When Henry II ordered that the sheriff in each of the institutions
spread through England in 1166 originally conceived as a place for detaining suspected offenders until they could be
tried, jails eventually came to serve the dual purposes of detention and punishment.
The concept of the English jail was brought to the colonies soon after the settlers arrived from the Old World, the jail was
used to detain those awaiting trial and those awaiting punishment; the stocks and pillory and the whipping post being
located nearby.
At the start of the nineteenth century, children, debtors, slaves, mentally-ill and physically ill were usually sent to other
institutions, both pre-trial and began to be housed in jails.
1. Municipal Jail - is a facility or a place of confinement for those who are sentenced with a penalty for a term not
exceeding six (6) month imprisonment.
2. City Jail - is a facility or a place of confinement for those inmates who are sentenced with a penalty from (1)
one day to three (3) year imprisonment.
3. District Jail - is a facility or a place of confinement for inmates coming from a city or clustered municipalities
who are waiting or undergoing trial or serving sentence of one (1) day to three (3) years.
4. Provincial Jail - is a facility or a place of confinement for inmates who are sentenced with imprisonment from
six (6) months and (1) one to three (3) year imprisonment.
TOPIC 9: GENERAL PRINCIPLES OF JAIL MANAGEMENT
1. It is the obligation of jail authorities to confine inmates safely and provide rehabilitative programs that will negate
criminal tendencies, and restore their positive values to make them productive and law-abiding citizen.
2. No procedure or system of correction shall deprive any inmate of hope for his ultimate return to the fold of the law and
full membership in society.
3. Unless proved, otherwise, any person accused of a criminal offense shall be presumed innocent and his rights as a
free citizen shall be respected, except for indispensable restraints during his confinement in the interest of justice and
public safely.
4. Inmates are human beings entitled to the same basic rights and privileges enjoyed by citizens in a free society,
except that the exercise of these rights are limited or controlled for security reasons.
Note: Under the recent ruling of the COMELEC, detainees are allowed to exercise their rights to vote.
5. Health preservation and prompt treatment of illness or injury are basic rights of every person confined in jail. It is the
duty of the jail authorities to arrange for their treatment subject to security measures.
6. Members of the custodian force shall set themselves as example by performing their duties in accordance with the
rules and shall respect the laws duly constituted authorities.
7. No jail personnel shall use abusive, insulting, and indecent language on inmates.
8. No jail personnel shall use unnecessary force on inmates, except legitimate self-defense or in cases of attempted
active passive physical resistance to lawful order.
9. No penalty shall be imposed upon any inmate for violation of rules/regulation unless in accordance with the duly
approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman or degrading. No physical punishment shall be employed as a
correctional measure.
11. Members of the custodial force must understand that inmates need treatment and counseling and the primary
purpose of confinement is for safekeeping and rehabilitation.
12. When conducting routine custodial (in dormitory compound) guarding ratio of 1:7 or one (1) guard for every seven
(7) inmates shall be observed.
13. When an inmate is in transit the ratio of 1:1+1 every inmate shall be observed. In case of high-risk inmate that
demand extra precaution, additional guards shall be employed. This manning level shall be national in scope for
effective jail administration in all regional, provincial, district, city and municipals jails.
JAIL WARDEN
1. The jail warden generally exercises supervision and control over all personnel in the jail unit and the inmates in
all matters related to the following:
a. Proper implementation of legal orders, rules and regulations and directives on jail operation and
administration;
b. Administration of sanctions and other disciplinary actions on inmates and reporting to higher authority
those personnel under his command who willfully disobey lawful order and commit any infraction of
law; and
c. Conduct of greyhound operations and inspections of jail facilities and premises.
2. Looks after the welfare of his men through awards, commendations and the like:
a. Leads and enforces a high standard of discipline among his personnel;
b. Endeavors to promote personal and professional growth of subordinates;
c. Observes fairness and impartiality in dealing with personnel and inmates; and
d. Always upholds human rights and observes the code of conduct.
3. Assumes responsibility for the formulation and implementation of emergency plans to preclude occurrence of
jail incidents and disturbances. He shall act as adviser to the PA as regard the implementation of plans,
programs and policies of the Jail Bureau;
4. Delegates work activities to his subordinates and ensures their accomplishment through effective monitoring
system;
5. Ensures proper use and maintenance of equipment;
6. Coordinates with GOs or NGOs and/or the media groups;
7. Acts on other matters as his PA and/or RD may direct;
8. Submits spot reports, if necessary, to higher offices;
9. Turnover duties and responsibilities including supplies, logistical funds, organic equipment, records,
paraphernalia, books and magazines to the incoming jail warden upon relief or such needed records, supplies
and equipment to his designated OIC during his absence; and
10. Performs such other functions as higher offices may direct.
1. Intelligence and Investigation Team - collates and submits intelligence information to the warden on the
matters pertaining to jail conditions.
2. Jail Inspectorate Section - inspect the jail facilities, the personnel and prisoners/ detainees and submits
reports of deficiencies noted.
3. Public Relations Office - task with the maintenance of good public relations to obtain the necessary and
adequate support of the public.
ASSISTANT WARDEN
1. Assumes the duties and responsibilities appurtenant to the warden in the latter’s absence;
2. Assists the jail warden in the implementation of plans, programs and policies of the Jail Bureau;
3. Assists the jail warden in the supervision and monitoring of various projects, programs and policies of the Jail
Unit;
4. Assists the jail warden in the over-all management of the jail unit; and
5. Acts as chairman of the inmate’s disciplinary machinery.
1. Classification Board - is tasked with the gathering and collating of information and other data of every
prisoner into a case study to determine the work assignment, type of supervision and degree of custody and
restriction under which an offender must live in jail.
2. Disciplinary Board - hearing disciplinary cases involving violation of jail rules and regulations by the
inmates.
1. Personnel Management Branch — task for the assignment of personnel, procedures of selection,
preparation of personnel reports and individual record files.
2. Records and Statistics Branch - Keep and maintain booking sheets and arrest reports, keep an orderly
record of fingerprints and photographs, prepare and presents statistical data inmates.
3. Property and Supply Branch — take charge of the safekeeping of equipment and supplies and materials
needed for the operation of the jail.
4. Budget and Finance Branch - take charge of all financial matter such as budgeting, financing, accounting
and auditing.
5. Mess Services Branch - prepare the daily menu, prepares and cook the food and serve it to the inmates.
6. General Services Branch - maintain and repair of jail facilities and equipment. It is also task with cleanliness
beautification of the jail compound.
7. Mittimus Computing Branch - receive court decisions and compute the date of the full completion of the
service sentence of inmates.
Note: MITTIMUS - is a warrant issued by a court bearing its seal and signature of the judge, directing the jail or prison
authorities to receive the convicted offender for service of sentence imposed therein.
SECURITY GROUP - provides a system of sound custody, security and control of inmates and their movements and
also responsible to enforce prison or jail discipline.
1. Escort/Subpoena Platoon
• Escort Section - produce inmates under proper guard, to Prosecutor's authority upon proper summons.
Transfer the prisoner to penal institution on proper order of the court or authority.
• Subpoena Section - receives, distributes, and/or serve subpoenas, notices, orders summons and other court
processes directed to inmates confined in jail.
2. Security Platoon - responsible for proper system of security and control procedures of inmates in confinement, and
the searching of all personnel and visitors entering the jail compound to check and prevent the smuggling of
contraband.
Notes:
• Contraband was commonly described in the past as any material that might be used for an escape or used
to take advantage of other inmates. Such items as matches, money, pornographic pictures, guns, drugs and
tools are generally considered as contraband. Any item can be placed on the list of contraband if it is
perceived as a threat to orderly operation of jail or prison.
• At present, contraband is described as any item found on the inmate or in his possession or in his dorm that
is not specifically authorized by the rules.
REHABILITATION GROUP - provides services and assistance to prisoners and their families to enable them to solve
their individual needs and problems arising from the prisoner's confinement. Correction and Rehabilitation it's the
primary interest of this group.
1. Medical and Health Services - provides medical and physical examination of inmates upon confinement,
treatment of sick inmates. Also conducts psychiatric and psychological examination.
2. Work and Education Therapy Services - in-charge of the job and educational programs needed for
rehabilitation of inmates by providing them job incentives so they can earn and provide support fair their
families while in jail.
3. Socio-Cultural Services - it takes care of the social care of the social casework study of the individual
prisoners by making interviews, home visits, and referral to community resources, free legal services, and
liaison works for inmates.
4. Chaplaincy Services — it takes charge of the religious and moral upliftment of the inmates through
religious services. This branch caters to all religious sects.
5. Guidance Counseling Services - responsible for the individual and group counseling activities to help the
lead a wholesome constructive life.
TOPICS
1. Commitment and Commitment Order
2. Courts and Institution Authorized to Commit a Person in Jail
3. Classification and Categories of Prisoners/Detainees
4. Inmates Security Classification
5. Reception Procedure
6. Disciplinary Board and Disciplinary Action/Measures
7. Limitations on Disciplinary Punishment for Inmates
8. Procedures in hearing of Disciplinary Cases
9. Process of Releasing Person in Jail
10. Treatment of Inmates with Special Needs
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
1. explain the classification process through which the rehabilitation, program of
prisoners is carried out; and
2. determine the handling and treating criminal offenders.
3. evaluate the disciplinary procedures in jail;
4. enumerate the process of releasing person in jail;
5. discuss the limitation of imposing punishment;
6. explain the different classification of inmates;
7. discuss the treatment of inmates with special needs.
A person can be committed to jail only upon the issuance of an appropriate order by a competent court or authority so
mandated under Philippine laws. This Rule enumerates courts and authorities, and classifies inmates according to the
conditions for their commitment.
COMMITMENT
The means the entrusting for confinement of an offender to a jail by competent court or authority for investigation, trial
and/or service of sentence is known as commitment.
COMMITMENT ORDER
It is a written order of the court or any other competent authority consigning an inmate to jail or prison for confinement.
CLASSIFICATION - refers to assigning or to grouping of inmates according to their respective penalty, gender, age,
nationality, health, criminal records, etc.
CATEGORIES OF INMATES -The two (2) general categories of inmates are:
a. Insular Prisoner - one who is sentenced to a prison term of three (3) years and one (1) day to reclusion
perpetua or life imprisonment;
b. Provincial Prisoner - one who is sentenced to a prison term of six (6) months and one (1) day to three (3)
years;
c. City Prisoner - one who is sentenced to a prison term of one (1) day to three (3) years; and
d. Municipal Prisoner - one who is sentenced to a prison term of one (1) day to six (6) months.
a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.
TOPIC 4: INMATES SECURITY CLASSIFICATION
The following are the classifications of inmates according to security risk each may pose:
a. HIGH PROFILE INMATE - those who require increased security based on intense media coverage or public
concern as a result of their offense such as but not limited to those who have been involved in a highly
controversial or sensationalized crime or those who became prominent for being a politician, government
official, multi-million entrepreneurs, religious or cause-oriented group leader and movie or television
personality.
b. HIGH RISK INMATE - those who are considered highly dangerous and who require a greater degree of
security, control and supervision because of their deemed capability of escape, of being rescued, and their
ability to launch or spearhead acts of violence inside the jail. This includes those charged with heinous crimes
such as murder, kidnapping for ransom, economic sabotage, syndicated or organized crimes, etc. Also
included are inmates with military or police trainings or those whose life is in danger or under imminent threat.
c. HIGH VALUE TARGET (HVT) - a target, either a resource or a person, who may either be an enemy
combatant, high ranking official or a civilian in danger of capture or death, typically in possession of critical
intelligence, data, or authority marked as an objective for a mission and which a commander requires for the
successful completion of the same.
d. SECURITY THREAT GROUP - any formal or informal ongoing inmates’ group, gang, organization or
association consisting of three or more members falling into one of the following basic categories: street
gangs, prison gangs, outlaw gangs, traditional organized crime, aboriginal gangs, subversive groups and
terrorist organizations.
e. SUBVERSIVE GROUP - a group of persons that adopts or advocates subversive principles or policies tending
to overthrow or undermine an established government.
f. TERRORIST GROUP - a group of persons that commits any of the following: piracy and mutiny in the high
seas or in the Philippine waters, rebellion or insurrection, coup d’état, murder, kidnapping and serious illegal
detention, crimes involving destruction, arson, hijacking, violation of laws on toxic substances and hazardous
and nuclear waste control, violations of atomic energy regulations, anti-piracy and anti-highway robbery, illegal
and unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunitions or
explosives.
g. VIOLENT EXTREMIST OFFENDER (VEO) - a person whose political or religious ideologies are considered
far outside the mainstream attitudes of the society or who violates common moral standards and who has
adopted an increasingly extreme ideals and aspirations resorting to the employment of violence in the
furtherance of his/her beliefs.
h. MEDIUM RISK INMATES -those who represent a moderate risk to the public and staff. These inmates still
require greater security, control and supervision as they might escape from and might commit violence inside
the jail.
i. MINIMUM RISK INMATES (ORDINARY INMATES) - those inmates who have lesser tendencies to commit
offenses and generally pose the least risk to public safety. In most cases, they may be first time offenders and
are charged with light offenses.
REQUIREMENTS FOR COMMITMENT - No person shall be committed to any jail facility without the following
required documents:
a. Commitment Order;
b. Medical Certificate - recent medical certificate taken within 24 hours prior to admission;
c. Complaint/Information;
d. Police Booking Sheet; and
e. Certificate of Detention from PNP and/or NBI.
A decent and humane program of confinement starts with a systematic reception of inmates for commitment to the
BJMP’s jail facilities. The following procedures should therefore be observed:
A. GATER - He or she checks the credentials of the person bringing the inmate/the committing officer to determine
his/her identity and authority. Also, he or she reviews the completeness of the following documents before the person
bringing an inmate/the committing officer is allowed to enter the facility. The documents mentioned earlier refer to the:
1. Commitment Order;
2. Medical Certificate – recent medical certificate taken within 24 hours prior to admission;
3. Complaint/Information;
4. Police Booking Sheet; and
5. Certificate of Detention from PNP and/or NBI.
Additionally, the "gater" shall subject the person to be committed and his/her escorts for search and inspection as
prescribed. Finally, he or she (gater) refers the person to be committed and his or her escorts to the Records Unit.
B. RECORDS UNIT - This unit examines the completeness and authenticity of the requirements for Commitment
(Commitment Order, Booking Sheet, Arrest Report and Information) before it refers the inmate for physical examination
by the Health Unit.
C. HEALTH UNIT :
1. Checks the authenticity of the entries in the medical certificate; conducts thorough physical examination of the
inmate to determine his or her true physical condition; and asks searching questions to determine
injury/injuries found to have been sustained by the inmate after the conduct of medical examination or those
injuries not diagnosed prior to commitment in jail. Inmate is required to undress while undergoing medical
examination. A female inmate shall be examined by female health personnel. A male inmate may be examined
by either male or female health personnel;
2. In case of any discrepancy found during physical examination but same discrepancy is not indicated in the
medical certificate, the committing officer shall be required to secure another medical certificate of the inmate.
The commitment of an inmate shall be held in abeyance pending the submission of a new medical
certificate with findings congruent to the medical findings of the jail physician/nurse. The reason for the
deferment of commitment shall be recorded in the jail blotter. In case the committing officer fails to return the
inmate to jail within twenty-four (24) hours, the reasons for the deferment of commitment and the grounds
thereof shall be reported immediately to the court that issued the commitment order;
3. In the absence of a jail nurse/medical personnel, the receiving officer shall refer the person to be committed to
the nearest government health facility for medical evaluation (check the medical certificate and observe the
mental alertness, physical abnormalities and the overall appearance of the inmates); and
4. If no discrepancy is found during physical examination, the inmate shall be referred back to the Records Unit.
D. RECORDS UNIT -Receives the inmate and the documents from the committing officer and conducts the following:
E. PROPERTY CUSTODIAN
1. Checks the inmate’s belongings for presence of contraband. Discovery of any contraband shall be treated in
accordance with existing policies.
2. Takes all cash and other personal properties from the inmate, lists them down on a receipt form with duplicate,
duly signed by him/her and countersigned by the inmate. The original receipt should be given to the inmate
and the duplicate be kept by the Property Custodian.
3. Keeps all cash and other valuables of the inmate in a safety vault. Said cash and valuables may be turned over
to any person authorized by the inmate.
4. Refers the inmate to the desk officer.
F. DESK OFFICER - books the newly committed inmate in the jail blotter; assigns the inmate to a reception area, if any,
where he/she shall be scheduled for orientation on jail rules and regulation, and shall undergo risk assessment and
classification, evaluation and conduct of further medical evaluation/screening by the Medical Officer.
G. ASSISTANT WARDEN OR OFFICER OF THE DAY - Orients the newly committed inmates on jail rules and
regulations using the Inmate’s Orientation Sheet.
H. JAIL WARDEN - Coordinates with concerned agencies regarding the case of inmate for speedy disposition and to
furnish them with copies of the available needed documents. The jail warden shall see to it that all concerned agencies
and persons will be informed of the commitment of the inmate in his/her jail by submitting a written report. Through
his/her paralegal officer, he/she shall ensure that the courts and prosecutors’ office are attending to the case of the
inmate by constantly coordinating with them for the purpose of speeding up the disposition of the case. For this
purpose, the sharing of non-confidential information with the concerned agencies is encouraged.
The following agencies/persons shall be notified by the warden upon commitment of the inmate:
CLASSIFICATION BOARD - Each jail shall maintain a classification board, if facilities and personnel are available, to
be composed of the following:
Chairperson - Assistant Warden
Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
DUTIES AND FUNCTIONS OF THE CLASSIFICATION BOARD - The Classification Board is tasked to conduct
background investigation of inmates to determine the cell assignment, the appropriate rehabilitative program, the type
of supervision and degree of custody and restrictions applicable to the inmate/s. The investigation shall focus on the
following:
The inmate is required to appear before the Classification Board for validation of his/her profile. Upon completion of the
classification assessment, the inmate is then apprised of his/her cell assignment and welfare programs appropriate for
him/her. He/she is asked if he/she is willing to undergo this program for his/her own good. If he/she is willing, the Board
will see to it that the program planned for the inmate is followed. Then the inmate is assigned to his/her cell according to
the approved classification.
TOPIC 6: DISCIPLINARY BOARD AND DISCIPLINARY
ACTIONS/MEASURES
FOR INMATES
DUTIES AND FUNCTIONS OF THE DISCIPLINARY BOARD – The Board is tasked to investigate the facts of an
alleged misconduct referred to it. It shall hold sessions as often as necessary in a room, which may be provided for the
purpose. All cases referred to it shall be heard and decided within forty-eight (48) hours from the date of receipt of the
case.
AUTHORIZED DISCIPLINARY ACTIONS/MEASURES FOR INMATES - The Board is authorized to impose any of the
following disciplinary ACTIONS/MEASURES:
1. For Detainees:
a. Admonition or verbal reprimand;
b. Restitution or reparation;
c. Temporary or permanent cancellation of all or some recreational privileges;
d. Reduction of visiting time;
e. Close confinement in a cell for a period not exceeding seven (7) days in any calendar month, provided
that this disciplinary action shall be imposed only in the case of an incorrigible inmate, and when other
disciplinary measures had been proven ineffective; and
f. Transfer to another BJMP jail in the area, in coordination with the Court.
2. For Prisoners:
a. Admonition or verbal reprimand;
b. Restitution or reparation;
c. Additional job functions/community service within the jail premises;
d. Temporary or permanent cancellation of some or all recreational privileges;
e. Reduction of visiting time;
f. Close confinement in a cell for a period not exceeding seven (7) days in any calendar month, provided
that this disciplinary action shall be imposed only in the case of an incorrigible inmate, and when other
disciplinary measures had been proven ineffective;
g. Transfer to another BJMP jail in the area in coordination with the Court;
h. Suspension of visiting privileges for a period not exceeding one (1) month, provided that this sanction
shall not apply to the lawyer, physician or religious minister serving the needs of the prisoner.
i. Permanent cancellation of visiting privileges with respect to persons’ not included in the definition of
immediate family under RA 7438, provided that this sanction shall not apply to the lawyer, physician or
religious minister serving the needs of the prisoner.
In addition to the above-mentioned punishment, the disciplinary board may recommend to the warden partial or full
forfeiture of good conduct time allowance (GCTA) to be earned for a particular month and subsequent months
depending upon the gravity of the offense.
The Disciplinary Board shall consider the following limitations when imposing disciplinary punishment:
a. No female inmate shall be subjected to any disciplinary punishment which might affect her unborn or nursing
child;
b. No infirm or handicapped offender shall be meted out punishment, which might affect his/her health or physical
well-being;
c. Corporal punishment, confinement in dark or inadequately ventilated cells and any form of cruel, unusual,
inhumane or degrading punishment are absolutely prohibited;
d. When necessary, the jail physician shall visit the detainee/prisoner undergoing punishment and shall advise
the warden of the need for the termination of the punishment imposed upon the inmate on grounds of the
inmate's physical or mental health;
e. Instruments of restraint, such as handcuffs, leg irons and straitjackets are not to be applied as a form of
punishment. They shall only be used as a precaution against escape and on medical grounds to prevent an
offender from injuring himself or others;
f. Breaches of discipline shall be handled without anger or emotionalism and decisions shall be executed firmly
and justly; and
g. As a general rule, any violation of jail rules and regulations or misconduct committed by the inmate shall be
dealt with accordingly. In extreme cases where the violation necessitates immediate action, the warden or the
officer of the day may administer the necessary restraints and report the action he or she has taken to the
disciplinary board.
a. The aggrieved inmate or any person (visitor, inmate or personnel) reports the violation to the Desk Officer;
b. The desk officer shall immediately submit a written report to the warden and the latter shall direct the
Investigation Unit to conduct an investigation within twenty-four (24) hours upon receipt of the directive. The
Investigation Unit shall submit to the Warden their report together with their recommendations;
c. The warden shall evaluate the report and if he/she believes that there is no sufficient evidence to support the
alleged violation, he/she shall dismiss the case. If he/she believes that sufficient evidence exists, he/she shall
decide the case and impose the necessary penalty in case of minor violations. If the offense is less grave or
grave, he/she shall endorse it to the disciplinary board for hearing or decide it himself/herself in his or her
capacity as summary disciplinary officer in the absence of a disciplinary board;
d. The inmate shall be confronted of the reported violation and asked how he/she pleads to the charge. If he/she
admits the violation or pleads guilty, the Board or the Warden, as the case may be, shall impose the
corresponding authorized disciplinary action;
e. If the inmate denies the charge, a summary hearing shall be held giving the opportunity for both parties to
present their testimonies and those of their witnesses, if any, and to present evidence to shed light on the case;
f. After the hearing, the board shall decide with the merits of the case as basis;
g. Whether the inmate is found guilty or not, he/she should be advised to obey the rules and regulations strictly
and be reminded that good behavior is indispensable for his/her early release and/or the granting of privileges;
and
h. Decisions of the Board are subject to review and approval by the warden whose decision should be final and
executory.
PUNISHABLE ACTS - An inmate is strictly prohibited from committing any of the following acts:
1. MINOR OFFENSES:
a. Selling or bartering with fellow inmate(s) those items not classified as contraband;
b. Rendering personal service to fellow inmate(s);
c. Untidy or dirty personal appearance;
d. Littering or failing to maintain cleanliness and orderliness in his/her quarters and/or surroundings;
e. Making frivolous or groundless complaints;
f. Taking the cudgels for or reporting complaints on behalf of other inmates;
g. Reporting late for inmate formation and inmate headcount without justifiable reasons; and
h. Willful waste of food.
2. LESS GRAVE OFFENSES:
a. Failure to report for work detail without sufficient justification;
b. Failure to render assistance to an injured personnel or inmate;
c. Failure to assist in putting out fires inside the jail;
d. Behaving improperly or acting boisterously during religious, social and other group functions;
e. Swearing, cursing or using profane or defamatory language directed at other persons;
f. Malingering or pretending to be sick to skip work assignment;
g. Spreading rumors or malicious intrigues to besmirch the honor of any person, particularly BJMP
personnel;
h. Failure to stand at attention and give due respect when confronted by or reporting to any BJMP
personnel;
i. Forcing fellow inmates to render personal service to him/her and/or to others;
j. Exchanging uniforms or wearing clothes other than those issued to him/her for the purpose of
circumventing jail rules;
k. Loitering or being in an unauthorized place;
l. Using the telephone without authority from the desk officer/warden;
m. Writing, defacing, or drawing on walls, floors or any furniture or equipment;
n. Withholding information, which may be inimical or prejudicial to the jail administration;
o. Possession of lewd or pornographic literature and/or photographs;
p. Absence from cell, brigade, place of work during headcount, or at any time without justifiable reason;
and
q. Failure to turn over any implement/article/s issued after work detail.
3. GRAVE OFFENSES:
a. Making untruthful statements or lies in any official communication, transaction, or investigation;
b. Keeping or concealing keys or locks of places in the jail which are off-limits to inmates;
c. Giving gifts, selling, or bartering items with jail personnel;
d. Keeping in his/her possession money, jewelry, cellular phones or other communication devices and
other items classified as contraband under the rules;
e. Tattooing others or allowing him/her to be tattooed on any part of the body, or keeping any
paraphernalia to be used in tattooing;
f. Forcibly taking or extorting money from fellow inmates and visitors;
g. Punishing or inflicting injury or any harm upon himself/herself or other inmates;
h. Receiving, keeping, taking or drinking liquor and prohibited drugs;
i. Making, improvising or keeping any kind of deadly weapon;
j. Concealing or withholding information on plans of attempted escapes;
k. Unruly conduct and flagrant disregard for discipline and instructions;
l. Escaping, attempting or planning to escape from the institution or from any guard;
m. Helping, aiding or abetting others to escape;
n. Fighting, causing any disturbance or participating therein and/or agitating to cause such disturbance
or riot;
o. Indecent, immoral or lascivious acts by himself/herself or others and/or allowing himself/herself to be
the subject of such indecent, immoral or lascivious acts;
p. Willful disobedience to a lawful order issued by any BJMP personnel;
q. Assaulting any BJMP personnel;
r. Damaging any government property or equipment;
s. Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or
perversion of legal procedures as a mock court by the inmates in a jail/prison;
t. Affiliating with any gang or faction whose main purpose is to foment regionalism or to segregate
themselves from others;
u. Failing to inform the authorities concerned when afflicted with any communicable disease, such as
tuberculosis, sexually-transmitted diseases, etc.;
v. Engaging in gambling or any game of chance;
w. Committing any act which violates any law or ordinance, in which case, he/she shall be prosecuted
criminally in accordance with law; and
x. Committing any act prejudicial to good order and discipline.
Any personnel, especially warden, found to be allowing and tolerating any violation mentioned above will be
immediately relieved from his/her designation without prejudice to his or her being administratively charged.
TOPIC 9: PROCESS OF RELEASING PERSON IN JAIL
As the general rule, inmates with special needs should not be held in jails with other regular inmates. However, given
the reality of budget constraints, increasing inmate population, insufficient facilities and inadequately-equipped
detention homes, wardens and jail officers shall endeavor to provide the best arrangement they can for such inmates, in
keeping with the rule. It is assumed that inmates have been properly evaluated and classified for this purpose.
HANDLING INMATES WITH SPECIAL NEEDS - The following guidelines shall be observed in handling inmates with
special needs:
1. FEMALE
a. The female dorm should be completely separated from the male dorm;
b. A female personnel shall be designated to keep the keys of the female dorms;
c. Only work suitable to their age and physical condition should be assigned to female inmates;
d. No male inmate shall be allowed to enter the female dorm;
e. Male personnel must provide female inmate with utmost privacy and respect for personal space;
f. No male jail personnel should be allowed to enter the female dorm except in emergency cases or when
necessary;
g. Searches shall be performed by female personnel trained in the conduct of appropriate searching
methods, shall be made in accordance with established rules, and shall be provided with privacy during
the procedure;
h. Medical/physical examination shall be performed by female health personnel. In the absence of a female
health staff, the examination shall be performed by male health personnel in the presence of a female
staff; and
i. Female inmates shall be provided with the opportunity to avail themselves of all programs and activities
male inmates are provided with.
2. DRUG USERS/DEPENDENTS/ALCOHOLICS
a. Inmates found to be drug users/dependents/alcoholics should be segregated from other inmates,
especially during the withdrawal period;
b. Inmates undergoing drug/alcohol withdrawal must be referred to the jail psychiatrist, physician or nurse
for evaluation and management;
c. Appropriate measures should be taken to enable inmates to follow strictly the jail physician’s advice
regarding diet and other medical interventions/treatments during the withdrawal period;
d. Maintain close supervision over inmates to prevent attempts to commit suicide or self-mutilation by
designating jail personnel trained to manage such cases; and
e. Conducts a regular search of the inmate’s dorm and maintain constant alertness to prevent the
smuggling of narcotics, liquors and other dangerous drugs.
3. MENTALLY-ILL
a. Inmates manifesting signs and symptoms of mental illness must be referred to the jail psychiatrist for
evaluation and treatment;
b. Disturbed inmates (mentally-ill inmates) should be transferred to mental institutions for proper
psychiatric treatment upon the issuance of a court order;
c. Close supervision and medical management of mentally-ill inmates should be maintained by a jail
medical personnel;
d. Place the mentally-ill inmates in separate dorms or in a special restraint room provided for violent
cases; and
e. Maintain close supervision over inmates to guard against suicidal attempts or violent attacks on others.
4. LESBIAN, GAY, BISEXUAL, TRANSGENDER (LGBT)
a. Segregate LGBTs to prevent their maltreatment and abuse by other inmates and to prevent them from
maltreating and abusing other inmates.
5. SEX OFFENDERS
a. Inmates charged with sexually-related crimes should be segregated to prevent them from taking
advantage of other inmates; and
b. Maintain close supervision and control.
6. SUICIDAL INMATES
a. Inmates manifesting signs and symptoms of depression/suicidal tendency must be referred to the jail
psychiatrist for evaluation and management;
b. Inmate who attempts to commit or has attempted to commit suicide must be transferred to a
government psychiatric hospital immediately upon issuance of court order;
c. Maintain close supervision over suicidal inmates at all times and designate personnel trained to handle
such cases; and
d. Subject them to frequent strip/frisk searches, and greyhound operation for tools/materials that can be
used for suicide.
7. SEX DEVIATES
a. Homosexuals should be segregated immediately to prevent them from influencing other inmates or
being maltreated or abused by other inmates; and
b. Likewise, other sex deviates should be separated from other inmates for closer supervision and control.
8. ESCAPE-PRONE INMATES
a. Escape-prone inmates should be held in the most secure quarters, preferably in single-inmate cells, to
minimize their contact with one another;
b. Their conduct/behavior should be closely watched/observed during and after visiting hours and their
activities, closely monitored;
c. They should be frequently strip searched and their quarters frequently inspected;
d. Special attention should be given to the examination of items recovered from strip searches; and
e. Telephone calls must be restricted and only calls that can be monitored through an extension line shall
be allowed.
9. INMATES WITH DISABILITY
a. Inmates with disability should be segregated and closely supervised to protect them from maltreatment
and any form of abuse by other inmates, personnel and visitors;
b. Individual case management and special activities should be developed and conducted to address
distinct of the inmates;
c. Collaboration with other government agencies should be done to ensure that disabled inmates are
provided with the services and benefits contemplated under the Magna Carta for disabled persons; and
d. Tasks related to self-care of inmates with disability shall be supervised and assisted to avoid potential
self-harm or accidents.
Pursuant to the RA 9344, CICL shall not be confined in jails. Hence, serious efforts shall be exerted by
Wardens to immediately transfer the custody of any CICL to a Youth Detention Home or Youth
Rehabilitation Center.
a. Upon admission, CICL shall be subjected to a thorough physical examination. The results of such
examination shall form part of the records of the case of the CICL;
b. Provide a separate detention cell for CICL;
c. Continuously coordinate with the Public Attorney’s Office (PAO) for the provision of paralegal
assistance to expedite CICL cases;
d. Continuous coordination and follow-up of CICL cases should be made facilitate the provision of
appropriate intervention programs by the DSWD;
e. The “Law on Proportionality" in the implementation of rehabilitation programs should be observed
making said rehabilitation programs distinct and different from those given to adult inmates;
f. Unless absolutely necessary, a child in conflict with law should not be handcuffed nor other instruments
of restraint applied on him/her, when he or she attends hearings or when he or she is brought to the
hospital or is transferred to other institutions;
g. The use of vulgar or profane words should be avoided in dealing CICL;
h. CICL should not be required to wear prison uniforms; and
i. Upon release from confinement, the records of the CICL shall be sealed, and at an appropriate time,
expunged.
11. SENIOR CITIZEN INMATES
a. Senior citizen inmates should be segregated and close supervised to protect them from maltreatment
and other forms of abuse by other inmates;
b. Individual case management strategies should be developed and adopted to respond to the special
needs of elderly inmates;
c. Collaboration with other government agencies and community-based senior citizen organizations
should be done to ensure that the services due the senior citizen inmates are provided; and
d. Senior citizen inmates should be made to do tasks deemed fit and appropriate, their age, capability, and
physical condition considered.
12. INFIRM INMATES
a. Inmates with contagious diseases must be segregated to prevent the spread of said contagious
diseases;
b. Infirm inmates should be referred to the jail physician or nurse for evaluation and management; and
c. Infirm inmates must be closely monitored and provide with appropriate medication and utmost care.
13. PREGNANT INMATES/FEMALE INMATES WITH INFANTS
a. Pregnant inmates must be referred to jail physician or nurse for pre-natal examination;
b. They should be given tasks that are deemed fit and proper, their physical limitations, considered;
c. During active labor, pregnant inmates should be transferred nearest government hospital;
d. Treatment of mother and her infant/s shall be in accordance with the BJMP Policy (Refer to DIWD
Manual); and
e. Female inmates with infants shall be provided with ample privacy during breastfeeding activity.
14. INMATES OF OTHER NATIONALITIES
a. The Warden shall report in writing to the Bureau of Immigration and the respective embassies of the
detained foreigners the following:
1) Name of Jail;
2) Name of Foreigner;
3) Nationality and the number of his/her Alien Certificate of Registration, if any;
4) Age/Sex;
5) Offense Charged;
6) Case Number;
7) Court/Branch;
8) Status of Case; and
9) Additional data information.
LESSON 6
JAIL CUSTODY, SECURITY, CONTROL AND DISCIPLINE OF INMATES
TOPICS
1. Custody, Security and Control
2. Inmates Count
3. Security Procedures During Meal Service
4. Mail Services and Censorship
5. Fire Prevention Rules
6. Emergency Plans
7. Plans for Escapes or Jail Breaks
8. Plans for other Emergencies
9. Movements/Transfer of Prisoners/Detainees
10. Rules to be Followed When Transporting Inmates
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
1. determine the security procedure in jail; and
2. enumerate the emergency plans the jail has.
The overall concept of jail security operation encompasses both prevention and rehabilitation. These two efforts are
inseparable as neither can be accomplished without the other. Jail security is necessary to safeguard the lives of people
residing within the vicinity, those managing the jails; and inmates whose lives are to be rehabilitated to become
constructive members of society.
A. Each jail shall, as much as practicable, maintain the following minimum standards with regard to security of the
facility:
1.
An established security perimeter. In every jail, there shall be a defined, controlled security perimeter;
2.
A secured office for personnel;
3.
A secured visiting area for inmates’ visitors;
4.
A secured multi-purpose area for inmates’ activities and an area for livelihood activities;
5.
Armory and storage lockers for inmates’ valuable items and other equipment;
6.
Operational closed circuit televisions (CCTV) strategically mounted to monitor jail premises and all
activities therein;
7. A two-way communication system to be used by the officer of the day, supervisor, desk officer and
other personnel on duty; and
8. Equipment necessary to sustain operability of utilities, communications, security and fire protection
equipment at all times.
B. To ensure that minimum standards in security and control are maintained, the following policies, guidelines
and procedures shall be strictly implemented in all jail facilities:
1. Each newly admitted inmate shall be thoroughly searched for weapons and other contraband
immediately upon arrival in the facility;
2. All inmates must be searched thoroughly by the duty personnel whenever they enter or leave the
security areas;
3. Conduct surprise searches on inmates and inspection of their quarters and other areas accessible to
inmates at least once a week to detect and flush out contraband;
4. Maintain an updated written emergency operations plan such as but not limited to natural and man-
made calamities and other jail disturbances. These plans must be made known to and understood by
jail personnel through the conduct of regular dry runs;
5. Maintain a journal of activities, emergency situations and unusual incidents;
6. Maintain a key control center for storing keys that is inaccessible to inmates and unauthorized
persons. There shall be an accounting system for issuing and returning of keys. There shall be a
reporting system for documenting and repairing broken or malfunctioning keys or locks. Inmates shall
be prohibited from handling jail security keys;
7. There shall be one (1) full set of duplicate keys, secured in a place accessible only to jail personnel for
use in the event of an emergency. These keys shall be marked for easy identification during adverse
conditions;
8. Continuous inspection and maintenance of all locks. Replace locks as often as possible and never
allow inmates to install locking system in the cell gates and to possess their own padlock for purposes
of locking themselves in their cells that will cause delay for personnel conducting regular cell search
and inspection;
9. Maintain strict control of firearms such as, but not limited, to the following:
a. Never allow any personnel with firearms on areas of inmates and/or in any area intended for
inmates’ activities;
b. Never allow inmates in the workplace of personnel or in areas where firearms are authorized;
and
c. Secure firearms and anti-riot equipment in the armory located within easy reach of jail
personnel in case of emergencies but not accessible to inmates.
10. All firearms, ammunition, chemical agents, related security and emergency equipment must be
inventoried and tested at least quarterly to determine their condition and expiration dates, as the case
may be. This shall include regular inspection of fire extinguishers and other detection and
suppression systems available;
11. All tools, toxic, corrosive and flammable substances and other potentially dangerous supplies and
equipment shall be stored in a locked area which is secure and located outside the inmate’s area.
Tools, supplies and equipment which are particularly hazardous shall be used by inmates only under
direct supervision;
12. Conduct daily inspections of all security facilities (i.e. closed circuit televisions, ceilings, window grills,
iron bars, etc.) and document all findings. Any tampering or defects detected must be reported in
writing to proper authority for immediate action;
13. Regular conduct of "guard mounting" for all "incoming duty" of the Custodial Unit and for the
members of Escort Unit before their assumption of duty to remind and update them of the
policies/guidelines pertaining to security and control;
14. Conduct regular count of inmates at least five to six (5-6) times within a 24-hour period and strictly
implement the established procedures in counting inmates. Personnel conducting the count shall
record the result;
15. Prohibit inmate’s visitor to stay inside jail premises beyond authorized visiting period regardless of
any reasons;
16. Inmates shall be supervised at all times whenever they are outside their cells;
17. Never allow any personnel under the influence of intoxicating beverage to enter the jail facility or to
perform an official duty;
18. Carefully select the inmates to be utilized as jail aide and maintain rigid control over their activities.
Never allow inmate to be utilized for any janitorial services at jail offices, restricted areas, and/or for
errands outside the jail premises. In no case shall an inmate be allowed to perform clerical duties or to
have access to personnel files and other official documents;
19. Never allow a jail officer to render successive shifts of duty except in cases of emergencies;
20. Never allow jail personnel to open inmate’s quarters alone. At least one (1) other jail officer should be
present and guarding the gate;
21. Inmates should be taken out of jail only upon written order of the Court;
22. Ensure that all vehicles and persons entering the jail premises are properly searched in accordance
with the existing policies/procedures;
23. Regularly inspect and check the availability of emergency lights and other emergency equipment and
ensure that each personnel rendering night shift duties has one (1) flashlight, nightstick/baton and
whistle; and
24. As regard the use of force:
a. Use of force shall be limited to instances of justifiable self-defense, prevention of self-inflicted
harm, protection of others, prevention of riot, commission of a crime, escape or other jail
disturbance and to controlling or subduing an inmate who refuses to obey a lawful command
or order;
b. Use of force shall be limited to the amount of force necessary to control a given situation and
shall include a continuum of escalating force levels;
c. An examination and/or treatment by health personnel shall be provided to prisoners or staff
involved in a use of force incident when there is obvious physical injury or there is a complaint
of injury or request for medical attention; and
d. Use of force incidents shall be recorded and reviewed by the Warden.
Note: Operation Greyhound is the term used by the BJMP in relation to this surprise searches. The BuCor on the other
hand using the term Operation Galugad but with the same meaning of Operation Greyhound.
It is imperative that at specified times during each 24-hour period, all inmates are physically counted. For this type of
count, the general procedures are as follows:
a. Count each inmate physically at specified times or at least 4 times within 24-hour day period;
b. During the count, ensure that all movements of inmates are stopped until the count is completed;
c. The count must be accurate. Make a positive verification to ascertain that the inmates are physically present.
Refrain from conducting a count on the basis of only having seen any part of his clothing, hair or shoes;
d. Submit a report of each count of a group of inmates to the warden and/or assistant warden (officer of the day);
and
e. If the total jail count does not tally with the total jail population at any given time, conduct another count.
Render an immediate report to the warden and/or assistant warden (officer of the day) relative to any
unaccounted inmate.
Security must be considered in serving food inside the cells/quarters. A jail officer should not enter the inmates’
quarters to distribute food unless another officer is available to handle the keys and control the entrance door.
DINING ROOM SECURITY - For jail facilities that have separate dining or mess halls, the following shall be observed:
Mail service shall be provided to all inmates provided that all outgoing and incoming mail matters are passed through a
designated Censor Officer in order to intercept any contraband or illegal articles and any information affecting the
security of the jail.
a. There shall be no limitation on the amount of incoming or outgoing mail or correspondence when the inmates
are responsible for the cost/s of postage;
b. Incoming inmates’ mail, correspondence and packages shall be opened and inspected to intercept cash,
checks, money orders and contraband. The censor officer shall observe the documentary procedures in
disposing of intercepted items;
c. Legal mail or correspondence shall be opened and inspected in the presence of the inmate to intercept
contraband;
d. Mails shall not be distributed to the inmates until the censors have examined them. Mail shall only be opened
and searched by qualified, trained and authorized jail personnel in the presence of inmate addressee;
e. Any currency, checks or money found in the letter should be turned over to the Trust Officer/Property
Custodian. The receiving officer should indicate the amount received on a "receipt form" in duplicate. The
original receipt signed by the receiving officer should be kept for the record and the duplicate copy should be
given to the inmate;
f. Carefully examine all greeting cards and collect fillers of any kind found therein for laboratory examination;
g. Photographs that are clearly within the scope of jail regulations should be marked on the opposite side and
placed in the envelope;
h. Bring to the warden’s attention any item or correspondence or enclosure that does not conform to regulations
or are detrimental to security, order and discipline of the jail;
i. In the censoring of mails, prison slang, unusual nicknames, and sentences with double meanings should be
carefully studied and analyzed to determine the real meanings;
j. Refer to the warden all letters containing statements concerning the security or reputation of the jail, like
attempts to escape or smuggling/trafficking of contraband, and statements that may affect existing rules and
policies;
k. All letters passing through the scrutiny standards of the censors should bear the censor’s stamp at the top of
each page and on the envelope. The letter should be placed back in the same envelope, resealed and given to
the inmate;
l. A listing of mail for inmates should be properly kept and form part of the records of the jail;
m. Do not discuss the contents of inmates’ mail with other jail personnel, except for official purposes;
n. The inmate sending out any mail matter shall open his mail/package and have it read and inspected by the
designated censor officer, if the mail is clear for dispatch, the inmate shall close and seal the mail and place the
same in the outgoing mail box;
o. If the outgoing or incoming mail has contraband or harmful information, such matter shall be registered as
violation of jail rules and regulations and should be brought before the Disciplinary Board for immediate
adjudication;
p. The designated jail staff shall collect the inmates’ mail matters on a daily basis, Monday through Friday;
q. Inmate’s letters or any other mail matter shall be sent as registered, certified, "stamped" or marked "via special
delivery" if he or she so desires at his or expense. The letters will be processed in accordance with the
procedures in handling mails; and
r. An inmate under disciplinary segregation shall be allowed full correspondence privileges, unless his or her
misconduct involves a serious violation of correspondence regulations.
Fire does not only cause financial losses but also loss of lives and property. To prevent occurrences of fire in jails and
minimize its effect if such occur, the following rules should be allowed:
1. Inmates should be kept aware of the hazards caused by the careless handling of cigarettes, inflammable
materials, fuel, welding equipment, etc.;
2. Fire extinguishers should be placed in close proximity to all housing units and should be located in strategic
places in buildings and work areas;
3. Empty drums and cans should be filled with water and some with sand and placed in strategic places for ready
use;
4. Keys to all emergency exits, cells, brigades, and storage places of firefighting equipment should be made
available. Such keys should have tags, marked distinctly to avoid confusion during emergencies;
5. Portable floodlights should be available in the control Center for night fire; and
6. Government equipment should be marked priority tags or symbols to determine which should be first for
evacuation during an emergency.
TOPIC 6: EMERGENCY PLANS
Emergency plans for fire or conflagration, riots or violent disturbance, jail breaks and other such occurrences should be
formulated to suit the physical structure and other peculiar to the individual jail. Hence, herewith are suggested steps or
activities, which may be considered for warden's planning. Fire plan and like should become a part of the operational
plans which every jail is expected to maintain in the office files. It is important that each participant must know his
particular role.
1. Fire crew, consisting of jail personnel and inmates chosen according to the degree of the custody, intelligence,
interest and training should be formed and trained to man the firefighting truck and then be made available at
all times;
2. The inmates who are selected should be separately housed in close proximity to the fire truck and other
equipment. They should be issued special uniforms different from those of the ordinary inmates so that they
may be checked and identified easily when outside the main compound;
3. At the first sign of fire, the Control Center shall immediately sound a pre-arranged alarm either by a siren, bell,
or any means available. At the same time, it shall notify the Fire Department, Police Headquarters and other
units that may help in putting out fire and/or evacuation of inmates;
4. The Desk Officer or the person in-charge of the keys to the storage for firefighting equipment, emergency
gates and gates of different cells/brigades, should distribute the keys to the responsible personnel concerned;
5. All inmates in the affected area shall be required to help in putting out the fire, using water and sand in the
drums and cans, the fire-fighting equipment, fire extinguishers and such other things available to put out the
fire;
6. The fire crew shall immediately respond to the scene to put out the fire while the other jail personnel shall
station themselves according to priority and under proper guard;
7. If there is a necessity to evacuate government records, supplies and equipment, they should be evacuated to
a safe place according to priority and under proper guard;
8. If it is necessary to evacuate the jail population, they should be evacuated in an orderly manner, using the
closed vans and other vehicles, or by any other means, to pre-arranged buildings or detention centers for their
safe and temporary confinement under strict security;
9. When the all-clear alarm is sounded, first aid shall be administered to the injured, an institution-wide count of
inmates should be made and immediately followed by a security check;
10. If the inmates were evacuated and the jail is still intact, they should be returned to the institution and continue
normal jail activities; and
11. Through investigation relative thereto should thereafter be conducted and report thereon be submitted to the
Provincial Jail Administrator and copy furnished the Assistant Regional Director, the Chief, Jail Bureau, and
the Stationed or Sub-Station Commander.
No matter how efficient the jail administration is, there will always be occasional riots or disturbances that require
immediate emergency action. While it is not possible to foresee the exact nature of the disturbance and when it may
occur, there should be pre-determined and well-defined plans of action to cope with such emergencies, like the
following:
1. At the sound of the first pre-arranged alarm, all inmates must be locked up inside their respective
cells/quarters. Inmate's work crew should be brought immediately into designated areas by custodian for
accounting and subsequently locked after the inmates' count;
2. If the disturbances occur during visiting period, all visitors should be immediately ushered out of the visiting
premises to the most secured portion of the jail previously pre-determined for this purpose. They should not be
permitted to get out of the premises until proper accounting of inmates shall have been made;
3. Simultaneously, all members of the security group out on post shall immediately report to the Desk Officer and
shall make themselves available for emergency deployment. All critical posts shall be covered according to the
PLAN to prevent escapes. Do not rush into the scene. The most senior officer present automatically take
command of the force and make assessment of the situation;
4. The Control Center shall take into consideration the readiness of all communication lines emergency calls to
the outside. At the moment, the operator should not entertain incoming calls except purely official calls;
5. The Desk Officer or the Armorer should make an immediate preparation for the issuance of the necessary anti-
riot equipment and firearms;
6. On his judgment and proper assessment of the prevailing condition, the Officer in command may cause the
division of the available force into three (3) groups as follows:
• 1st group - to compose the initial anti-riot assault contingent whose main objectives is to disperse the
rioters and get their leaders and shall be armed with wicker shields, protective headgears, gas masks
and night sticks or batons, when these are available.
• 2nd group - to serve as back-up force to support the first group and for this purpose shall be equipped
with tear gas guns and gas grenades.
• 3rd group - to compose of guards trained on proper handling and use of firearms who shall be ready to
fire when the lives of the guards are in peril on orders of the Officer-in-Command.
7. When everything is ready, the Officer-in-Command shall, with the use of a megaphone or microphone or any
public address system, direct the inmate to cease and desist, return to their respective cells or face the
consequences of their acts, the known leader should be called by their names and asked to stop the rioting or
disturbance.
8. The second alarm shall be sounded when all efforts of the Officer-in-Command had failed. By this time, all
guards shall be prepared for the assault. The first group shall now enter the compound followed by the second
group at a discreet distance the third group shall be in strategic position, ready to fire when and if the guards
are in danger.
9. The first group shall be tasked with quelling the riot and getting the leaders of the rioting group and, if meet with
stiff resistance, should withdraw on orders of their leaders;
10. The second group shall not use riot control gases, except in orders of the Officer- in-Command. Gas should be
used and in such quantity to have the desired effects. When the area is saturated with gas, the first group with
gas masks shall attack using their batons to force the rioters back into their cells and get the leader. Used of
pressurized water from the fire truck may be resorted to.
11. On instruction of the Officer-in-Command, initial alarm shall be relayed to the Superintendent, Station or Sub-
Station Commander and/or the nearest police station or unit giving assistance to quell such disturbance in the
jail.
12. When conditions become critical and the disturbance has reached full scale, the Officer-in-Command shall
cause the sounding of the third alarm. At this instance, Control Center shall notify all nearby police agencies for
assistance and then all other plans in connection with jail uprisings shall be executed. Nearby hospitals shall
also be notified if the situation demands;
13. As the last resort to prevent mass jail break or serious assault upon members of the custodian forces, the
selected marksman of the third group may be ordered to fire, by the Officer-in-Charge, only after due warning
shots. Here again, reasonable caution, to insure the safety of individuals, is imperative. The order to fire should
be given only as a last resort, not necessarily to kill but only to aim at designated targets, not at innocent by-
standers, fellow officer or some other employees; and
14. Finally, after any such incident, the following steps should be undertaken:
Administer first aid to the injured;
Conduct inmates’ count
Segregate ring leaders and agitators;
Check security of the institution
Conduct a thorough investigation of the incident. Prosecute those who have violated laws, rule and
regulations;
Repair damages;
Adopt effective measures to prevent repetition of similar incidents; and
Submit reports to the Provincial Jail Administrator and copy furnished the Central Office of the Jail
Bureau, and the Station and Sub-Station Commander.
TOPIC 7: PLANS FOR ESCAPES OR JAIL BREAKS
Since escape basically occurs without warning, it is essential that the jail shall have well-developed plans or procedures
that may be placed into effect quickly. Time is of the essence in blocking off the movements of escapees and effecting
recapture.
1. The Control Center shall immediately sound the alarm and the Warden or Desk Officer shall be notified;
2. At the first sound of the alarm, all inmates shall be locked in their respective cells while those in work detail
should be marched in on orderly manner to their cells;
3. All jail personnel, custodial or non-custodial shall make themselves available for emergency development with
the exception of those previously assigned. The Desk Officer or the Armorer shall issue firearms to members
of the custodial force who shall be immediately dispatched to strategic posts according to the PLAN;
4. Personnel who have inmates under their supervision, assigned to essential maintenance posts such as
powerhouse, kitchen, hospital, fire station, etc., must remain on duty take their accounting at the time of the
emergency alarm and report thereon submitted to the Control Center;
5. A simultaneous institution-wide count shall be made to determine the number of inmates who escaped and
their identities established;
6. As soon as the identities of the escapees have been established, their names and other personal
circumstances shall be immediately flashed to all units of the province, district, station or sub-station, and all
nearby station shall be notified;
7. Radio and television stations and other news media shall be notified and, if possible, furnished with the
escapee’s photographs for possible publication and flashing over the television screen;
8. Recovery team shall be ordered to proceed to all known liars, hangouts, residences, and houses of immediate
relatives and friends for the immediate recapture of the escapees;
9. In case of mass jail break all members of the custodial force shall be immediately issued firearms and
assigned to critical posts to block the escape routes while the pursuing teams should get out of the jail
premises to recapture the escapees. The rest of the jail personnel and custodial force who are off-duty shall
contact by cellular phone or through the fastest means available to require them to report for duty immediately;
10. If an officer or any member is held hostage, reasonable caution should be taken to ensure his/her safety;
11. If the warden is held hostage, for all intents and purposes, he ceases to exercise authority and the next in
command or the most senior officer present shall take over;
12. If there are no hostages and the inmates are still inside the jail compound and continue to defy orders given by
the Warden or the Officer-in-Charge, procedures shall be activated immediately according to plan;
13. Maximum force shall be deployed for escapees found holding on an area to pressure them to surrender and
overt their movements; and
14. An investigation shall be conducted to determine any flaws in the Security Plan for possible correction to be
submitted to Assistant Regional Director, copy furnished the Central Office of the Jail Bureau, The Station or
Sub-Station Commander.
TOPIC 8: PLANS FOR OTHER EMERGENCIES
1. If facilities and personnel requirements are available, a jail shall have emergency plans in case of power failure
and natural disasters, such as flood, earthquakes and other calamities. The plans cover the specific roles of jail
personnel present, alarm system to be used, emergency power units to be utilized, kind of security to be
provided and such other measures as are necessary to ensure the safety and security of jail personnel and
offenders.
Likewise, the plans shall also include detailed procedures for the evacuation of prisoners in cases of floods,
earthquakes and other calamities, if such evacuation is necessary.
2. Separate SOP's to this effect should be issued.
1. To appear as witness or as accused, before any court of justice or prosecutor's office during preliminary
investigation, arraignment or hearing of a criminal case;
2. To appear as witness with leave of court in any investigation or formal inquiry being conducted by a
government agency;
3. To view with leave of court the remains of a deceased relative within the second degree of affinity or
consanguinity; and
4. To undergo with leave of court medical examination or treatment in an outside hospital or clinic.
• An inmate may be transferred to another institution only upon specific order of the Court having jurisdiction
over him, except in cases of serious illness where hospitalization is necessary and the detainee immediately
taken to the nearest hospital with the court subsequently notified.
• In any emergency or other compelling situation/necessities, when the transfer to other jails of inmates involved
is necessary to ensure safety and security of the inmates and the personnel, the warden can recommend to
the Regional Director verbally or in writing, their immediate transfer to another jail within the region provided
that, on the first hour of the following working day, the court concerned must be informed of the said transfer.
For those inmates who wish to view the remains of a deceased relative, leave of court shall first be obtained. However,
the warden may request for reconsideration from the court to recall and disapprove said order under any of the following
grounds:
1. The deceased relative is lying-in-state in a place beyond 30 kilometer radius from the place of confinement of
the inmate or, in any case, where the inmate cannot return to said place during daylight hours;
2. The detainee has a record of escape; and
3. The detainee is classified as high risk/high profile and the jail has inadequate resources to ensure his/her
safety and security. Before leaving the jail for the authorized destination, the inmate shall turn over to the
Warden such amount that may be necessary to pay for his transportation and meal expenses and those of the
jail officers escorting him.
Note: Documents necessary for the request of an inmate to view the remains of a relative:
1. Death Certificate of the deceased relative duly certified by the attending physician or local Civil Registry;
2. Burial permit; and
3. The appropriate certificate as indicated after the name of each deceased relative:
a. Spouse - marriage contract;
b. Child - Birth Certificate of the deceased child and Marriage Certificate of the inmate;
c. Brother or Sister - Birth Certificates of the inmate and his deceased brother or sister;
d. Father or Mother - Birth Certificate of the inmate;
e. Grandparent - Birth Certificates of the inmate and his parent who is the son or daughter of the
deceased; and
f. Grandchild - Birth Certificate of the deceased and the inmate's son or daughter who is the father or
mother of the deceased.
GENERAL PRECAUTIONS
1. Jail personnel shall not discuss with the inmate the transportation plans, schedules or equipment to be used /
adopted;
2. Inmates shall be notified of a trip only prior to the departure and shall not be allowed to make any phone call;
3. Prior to movement/transport, all escort personnel shall be given detailed instructions on their respective duties
and responsibilities;
4. Whenever possible, transfer shall only be made during daytime;
5. Long distance transport of one (1) or more inmates shall be escorted by a minimum of three (3) escort
personnel and a back-up vehicle, if available;
6. If possible, personnel from Jail Intelligence Unit shall serve covert security by serving as advance party of the
convoy and shall conduct road scanning of the agreed route to detect any threat to the inmate and his/her
escorts while en route. Being familiar with the area, the local intelligence unit of the nearest jail facility in the
place of destination shall also assist in long distance transport of inmates by way of conducting
reconnaissance operation prior to the scheduled arrival to determine any unusual activities in the area which
may affect the safe and secure transport of the inmate;
7. The most direct and shortest route to the destination shall be taken and no deviation shall be allowed except
when security consideration requires otherwise;
8. Using rented vehicle shall not be allowed when transporting inmates;
9. Team leader of the escort personnel must be equipped with a two-way radio and/or a mobile phone;
10. Inmates under escort shall always be under the watchful eye of the escort personnel. While in transit, the
personnel shall stay close enough to the inmate to be able to respond effectively in case of emergency. If on
board a prisoner’s van, escort personnel shall not seat inside the van but shall instead strategically position
himself or herself in the escort seat;
11. While en route, escort personnel shall ensure that the sliding bolt lock of the back door of the van carrying the
inmates is properly locked, observe people and vehicles getting near their vehicle, and remain prepared for
any eventuality;
12. Escort personnel shall observe and follow the established guidelines in escorting high-risk/high-profile and
VEO’s inmates;
13. Escort personnel shall be the first ones to disembark from the vehicle and shall position in a safe distance to
ensure clear vision of disembarking inmates. However, when boarding the vehicle, it should be the inmate who
shall first board the vehicle;
14. Escort personnel are justified in using deadly force to protect themselves and/or the inmate/s from ambush or
any deadly attack while in transport;
15. In case of an accident while en route, escort personnel shall secure and observe the inmates inside the
vehicle, let them stay inside the vehicle as much as possible. Apply first aid to injured inmates when
necessary, while waiting for law enforcement and emergency assistance. The chief escort shall also be
informed about the incident and be updated of the development in the situation;
16. In the event that radio or mobile phone communication is not possible, escort personnel may flag down any
motorist, identify themselves and ask the motorist to notify the nearest law enforcement agency for assistance;
17. In the case of minor serious vehicular problem that can be repaired on the spot, escort personnel shall secure
and observe inmates who shall remain inside the vehicle to the extent possible;
18. Maximum security measure shall be observed at all times in providing escort to high risk, high profile inmates
and VEO’s following the ratio of one is to one plus one escort supervisor;
19. The driver shall not leave the vehicle while in court or other authorized destination and be watchful of any
suspicious individual;
20. To avoid unnecessary stops while in transit, inmates should have relieved themselves from personal
necessity; and
21. The following basic security precautions shall be observed during transport of inmates:
a. Do not allow inmates to tinker with the handcuff;
b. Regard all inmates being transported as extremely dangerous;
c. Adjust the cuffs properly for tightness to avoid the need of adjustment while en route and observe
proper placement of handcuff which is either right to right or left to left. High risk/ high profile inmates
and VEO’s must be handcuffed at the back;
d. The escort shall always be on guard for any possible attack or ambush;
e. Escort personnel shall be extra careful not to sit, stand or walk next to an inmate while carrying a gun
to avoid being grabbed by the inmate;
f. Stopping along the highway while in transit is highly discouraged;
g. Keep inmates inside the vehicle except when necessary;
h. Thoroughly inspect restraint equipment for proper function and damage, and make a thorough body
search before placing the equipment on an inmate and before removing an inmate from a holding
area;
i. Keep inmates in sight at all times;
j. While in court premises, firearms shall be unloaded. However, when escorting the inmate to and from
the vehicle, the same shall be properly loaded with ammunitions;
k. Exercise good judgment as unexpected events not covered by policy or procedure may occur on any
transport. If in doubt, secure the inmate in a local law enforcement/jail facility and call the chief escort
or officer of the day for direction;
l. Never stop for a disabled motorist or road mishap while transporting inmates but notify local
enforcement unit or the highway patrol regarding the incident;
m. Avoid interfering with road incidences such as but not limited to robbery in progress while
transporting inmates unless it poses imminent threat against the inmate, escort personnel or the
public and if the same so occurs, the immediate evacuation of the inmate from the area shall be
primarily considered. In no case shall the inmate and the vehicle be left unattended;
n. In case of involvement in a road accident and no traffic authority is present or cannot arrive in a
shortest possible times, the position of the vehicles and the damage incurred including skid mark, if
any, shall be immediately photographed or sketched and before leaving, provide the driver of the
other party a contact number of the jail. Once the inmate was returned to the jail, immediately
coordinate with the traffic authorities having jurisdiction in the place of incident;
o. Secure inmates who damaged restraints, other equipment or vehicles and report rule infraction;
p. Turn in vehicle inspection slip to the supply officer noting any vehicle deficiency or problem upon
conclusion of each transport; and
q. Turn in or check in all inmates, property/equipment and the necessary documents to the concerned
offices.
Note: In case an inmate is moved/transferred from one jail to another facility or correctional institution, his/her carpeta
must be forwarded to the jail where he/ she is to be confined and duly received by the designated Records Custodian.
LESSON 7
BUREAU OF CORRECTIONS
TOPICS
1. History of Bureau of Corrections
2. The Seven Penal Institution in the Philippines
3. Security Procedures
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
1. familiarize the origin/history of the BuCor;
2. enumerate and discuss the seven correctional facilities in the Philippines; and
3. identify the security procedures in BuCor.
1
The Carcel was designed to house 600 prisoners who were segregated according to class, sex and crime
while the Presidio could accommodate 527 prisoners. Plans for the construction of the prison were first
published on September 12, 1859 but it was not until April 10, 1866 that the entire facility was completed.
The prison occupied a quadrangular piece of
land 180 meters long on each side, which was
formerly a part of the Mayhalique Estate in the
heart of Manila. It housed a building for the
offices and quarters of the prison warden, and
15 buildings or departments for prisoners that
were arranged in a radial way to form spokes.
The central tower formed the hub. Under this
tower was the chapel. There were four cell-
houses for the isolated prisoners and four
isolated buildings located on the four corners of
the walls, which served as kitchen, hospital and
stores. The prison was divided in the middle by
a thick wall. One-half of the enclosed space
was assigned to Presidio prisoners and the other half to Carcel prisoners.
On August 21, 1869, the San Ramon Prison and Penal Farm in Zamboanga City was established to confine
Muslim rebels and recalcitrant political prisoners opposed to the Spanish rule. The facility, which faced the
Jolo sea had Spanish-inspired dormitories and was originally set on a 1,414-hectare sprawling estate.
2
THE AMERICAN AND COMMONWEALT GOVERNMENT
When the Americans took over in the 1900s, the Bureau of Prisons was created under the Reorganization
Act of 1905 (Act No. 1407 dated November 1, 1905) as an agency under the Department of Commerce and
Police.
It also paved the way for the re-establishment of San Ramon Prison in 1907 which was destroyed during the
Spanish-American War. On January 1, 1915, the San Ramon Prison was placed under the auspices of the
Bureau of Prisons and started receiving prisoners from Mindanao.
Before the reconstruction of San Ramon Prison, the Americans established in 1904 the Iuhit penal
settlement (now Iwahig Prison and Penal Farm) on a vast reservation of 28,072 hectares. It would reach a
total land area of 40,000 hectares in the late 1950s. Located on the westernmost part of the archipelago far
from the main town to confine incorrigibles with little hope of rehabilitation, the area was expanded to 41,007
hectares by virtue of Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912.
3
fences were further reinforced with concrete slabs. The original institution became the maximum security
compound in the 70s and continues to be so up to present, housing not only death convicts and inmates
sentenced to life terms, but also those with numerous pending cases, multiple convictions and sentences of
more than 20 years. In the 1980s, the height of the concrete wall was increased and another facility was
constructed, 2.5 kilometers from the main building. This became known as Camp Sampaguita or the
Medium Security Camp, which was used as a military stockade during the martial law years and the
Minimum Security Camp, whose first site was christened “Bukang Liwayway”. Later on, this was transferred
to another site within the reservation where the former depot was situated.
Under Proclamation No. 72 issued on September 26, 1954, the Sablayan Prison and Penal Farm in
Occidental Mindoro was established. In The Leyte Regional Prison followed suit under Proclamation No.
1101 issued on January 16, 1973.
4
TOPIC 2: THE SEVEN PENAL INSTITUTIONS IN THE PHILIPPINES
BILIBID PRISONS - (Muntinlupa City) in the year 1847 the first Bilibid Prison was constructed and became
the Central place of confinement for Filipino prisoners by the virtue of the Royal Decree of the Spanish
Crown. The plan for the Bilibid prisons was such that the brigades were constructed in radical spokes of
wheel form. For easy Command and control, a central tower was placed at the Center of the spokes; this
was made of strong adobe so sturdy that even to this day after its transfer to the City Manila, it still stands
and has been used by the City of Manila as the City Jail.
The place is still famous for its name as the “May Haligue State” at the nearby Central Market of Manila. In
1936 the City of Manila exchanged its Muntinlupa property of 552 hectares with that of Bureau of Prisons.
This Muntinlupa state was originally intended as site for the Boys’ Training School because it is far from
Manila however the City Government of Manila preferred the site of the old Bilibid Prisons. Today, the New
Bilibid Prisons operate two satellite units namely: Bukang Liwayway Camp and Camp Sampaguita. These
two camps are located a few hundred meters back of the New Bilibid Prisons. Bukang Liwayway camp
houses minimum security risk prisoners who work on various projects of the institution; while the Camp
Sampaguita houses medium security risk prisoners and located near the Reception and Diagnostic Center
(RDC) and the Youth Rehabilitation Center.
The New Bilibid Prisons specialized in industrial type of vocational training. It operates a furniture shop,
shoe repairing shop, black smith; auto mechanics, mobile and body building, etc. The New Bilibid Prisons
offers a High school course and College course major in management. Their high school course started in
1956 for prisoners who desire to complete their secondary education.
SAN RAMON PRISON AND PENAL FARM - (Zamboanga City) - the Spanish authorities in 1869 saw the
need of establishing one prison separate from Bilibid Prison for those who fought against the established
government. In effect San Ramon and Prison Farm in Zamboanga, were established for the confinement of
political offenders. Filipino fighters who advocated for reform against the Spanish government and those
who were not executed or put to death were sent to either Guam or Marianas Island, or to Zamboanga. This
prison institution was named after its founder Captain Ramon Blanco of the Spanish Royal Anny. One of the
known Filipino political prisoners is no other than Dr. Jose Rizal, who fought for reforms and was considered
as an enemy of the Spanish government. The San Ramon Penal Farm has an estimated area of 1,546
hectares.
IWAHIG PENAL COLONY — (Palawan) the purpose of the establishment of the Iwahig Prison and Penal
Farm was to serve as an institution for incorrigibles and was envisioned by Governor Forbes who was then
a Secretary of Commerce and Police. The first contingent of prisoners was from the Bilibid Prisons to be
confined in Iwahig Penal Colony however, these prisoners revolted against the authorities. On November 1,
1905 the Philippine Commission under the authority of Reorganization Act 1407, changed the policy by
converting the penal colony from an institution for incorrigibles to a colony for well-behaved and declared
tractable prisoners. Since were no walls, only mutual trust and confidence between the wards and prisons
authorities keep them together.
Today the Iwahig Penal Colony enjoys the reputations as one of the world open penal institutions. The
Iwahig Penal Colony has a land area of 36,000 hectares. The colony is divided into four sub-colonies
namely:
a. Sta- Luisa
b. Inagawan
c. Montible and
d. Central sub- colony
5
The colony operates a small institution under the supervision and control of the penal supervisor. The
Iwahig Penal Colony administrates the Tagumpay Settlement and has 1,000 hectares. This portion which
was divided into six hectares’ homestead lots were distributed to released inmates who desired to live in the
settlement.
One of the important features of the Iwahig Penal Colony is the privilege granted to every colonist to have
this family in the village. The institution maintains various community resources such as schools, churches,
recreation centers; post-exchange centers, hospitals and clinics. Their products are sold to the Post
Exchange Centers.
DAVAO PRISON AND PENAL FARM - (Dujali, Davao Province) was established in January 21, 1932 in
accordance with Act 3732 and Proclamation Number 414 series of 1931. The first contingent of prisoners
that opened the colony was led by General Paulino Santos, founder and then the Director of Prisons. The
area consists of 18,000 hectares, mostly devoted to abaca. In 1942 the colony was used as a concentration
camp for American prisoners of war. During the war the Japanese soldiers devastated the colony by
destroying its buildings, machineries and industry. In August 1946, the colony was re-established and
restored its former productive activity by slow reconstruction. This institution is now the main source of
income by the Bureau of Prisons from its vast products of abaca, rice and other major agricultural products.
The colony has been engaged in a joint venture with the Tagum Development Company (TADECO) and has
a land area of 3, 000-hectare banana plantations.
CORRECTIONAL INSTITUTION FOR WOMEN (Mandaluyong City) In 1931, the Correctional Institution for
Women was established. It has an 18-hectare piece of land in Mandaluyong Metro Manila by authority of
Act Number 3579. This was passed on November 27, 1929. Prior to the establishment of this institution,
female inmates were confined first in the Bilibid prisons. Later, the need for female superintendent was felt
that the position for female superintendent was created in 1934. Today, the correctional institution for
women is an institution under the Bureau of Prisons with separate budget and needs for female prisoners.
This is the only female prison institution in the Philippines.
In September 2007, the sub-colony of the Davao Prison and Penal Farm was converted as the satellites
prison intended for the female convicted inmates outside Manila. There were 98 convicted female inmates
who arrived as the first contingent. The DAVAO CORRECTIONAL INSTITUTION FOR WOMEN (CIW
MINDANAO) was opened through the help of some Civic organizations of Davao del Norte. It is the first
Female prison institution in Visayas and Mindanao.
SABLAYAN PRISON AND PENAL FARM (Occidental Mindoro) - In 1954 there was a tremendous increase
in the population in the New Bilibid Prisons. In this situation, the President issued proclamation number 72,
dated September 27, 1954, settling aside 16,000 hectares of the virgin island in Sablayan, Occidental
Mindoro for the establishment of the Sablayan Penal Farm. At that time the Bilibid Prison can only house
3,000 inmates but their population reached to 6,000 inmates.
LEYTE REGIONAL PRISON AND PENAL FARM (Abuyog Leyte) - On January 16, 1973, the Leyte
Regional Prison, was established in Abuyog to serve the convicted offenders for more than three years.
CLASSIFICATION OF INMATES AS TO SECURITY STATUS
1. Maximum security- This shall include highly dangerous or super security risk inmates as determined by
the classification board who are required a high degree of control and supervision. Under this category:
those sentenced to death;
those whose minimum sentence is twenty years’ imprisonment;
remand inmates or detainee whose sentence is twenty years and above, and those whose
sentences are under review by the Supreme Court or the Court of Appeals;
those with pending cases;
recidivists, habitual delinquents, and escapees;
those confined at the Reception and Diagnostic Center;
those under disciplinary punishment or safe keeping; and
those who are criminally insane or those with severe personality or emotional disorders; that make
them dangerous to fellow inmates or the prison staff.
2. Medium Security risk - This shall include those who cannot be trusted in less secured areas and those
whose conduct or behavior require minimum supervision; under this category:
those whose minimum sentence is less than twenty years’ imprisonment;
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remand inmates or detainee whose sentence are below twenty years;
those who are eighteen years of age and below; regardless of case and sentence;
those who have two or more record of escapes they can be classified as medium security if they
have served eight years since they were recommitted and those with one record of escape must
serve five years, and
first offenders sentenced to life imprisonment, they may be classified as medium security if they
have served five years in maximum security prison or less, upon the recommendation of the
superintendent. Those who were detained in a city and or provincial jail shall not be entitled to said
classification.
3. Minimum security- This shall include those who can be reasonably trusted to serve their sentence under
less restricted conditions; under this category:
those with a severe physical handicap as certified by the chief medical officer of the prison;
those who are sixty-five years old and above, without pending case, and whose convictions are not
on appeal;
those who have served one- half (1/2) of their minimum sentence or one third (1/3) of their
maximum sentence, excluding Good Conduct Time Allowance (GCTA) as provided in chapter 4,
part 3 of the Correctional Operating Manual; and
those who have only six (6) months more to serve before the expiration of their maximum
sentence.
ADMISSION OF PRISONER
The formal Correctional process begins from the time the accused is convicted, whether he is to serve time
for violating an ordinance (in which case he would serve his sentence in local jails) or the Revised Penal
Code (in which case he would be sent to the national penitentiary to serve his penalty). Spending time in jail
or being locked-up while awaiting conviction is not a formal entry to the correctional system yet and
therefore the accused’s presumption of innocence remains as it was, and he must be handled and treated
as such. Unless the accused files a request for “working detention,” he cannot be compelled to don the
prison/jail uniform nor subjected to the regimen an ordinary prisoner undergoes while under confinement.
In the event the accused is convicted for violating the Revised Penal Code (and other special laws) and is
given a sentence with a maximum period of more than three (3) years, he is to be transported to the
National Penitentiary within a period of 60 days. This period is to be reckoned on the date of the
Commitment Order, as issued by the Court.
Correctional authorities must be guided by, and observe in due course, the following:
Those whose maximum sentence is below three years: to serve time in local jails
Those whose sentence is below three years but whose sentence includes a fine of more than P2,000.00: for
transfer to the national penitentiary.
Those whose maximum sentence is more than three (3) years: for transfer to the national penitentiary
Those whose cases are still under trial: to await judicial verdict in local jails or under bail. In some
situations, where national security reasons or court rules are invoked, the person may be transferred to the
National Penitentiary subject to orders issued by competent authorities (such as the President, Congress,
and Courts)
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Those who commit violations in parole or executive clemency: for transfer to the national penitentiary to
serve the remaining portion of the penalty
Those who are captured escapees from the national penitentiary: for transfer to the national penitentiary to
serve remaining portion of penalty along with the penalty for evasion.
ADMISSION IN PRISON
By “National Penitentiary” is meant any of the seven prisons and penal farms under the Bureau of
Corrections. Under Presidential Decree No. 29, all penal colonies are declared a regular prison. Hence,
operationally, the Bureau of Corrections has been decentralized.
The following penal facilities are considered as regular prisons, corresponding to the area where it is
situated.
New Bilibid Prison, Muntinlupa City. For those sentenced to Death regardless of place of conviction. Also,
for those from the New Capital Region, Regions I, II, III, IV and V.
Iwahig Prison and Penal Farm, Puerto Princesa City, Palawan: From the province of Palawan and Region
IV-A.
Davao Prison and Penal Farm, Davao del Norte: From Caraga, Regions IX, X and XI.
Leyte Regional Prison, Abuyog, Southern Leyte: From Regions VI, VII and VIII.
Correctional Institute for Women, Mandaluyong City: For all female national prisoners in the country.
Sablayan Prison and Penal Farm, Sablayan, Mindoro Occidental: From the Mindoro Province.
San Ramon Prison and Penal Farm, Zamboanga City: From ARMM and Region XII.
Each of these prisons and penal farms maintains reception centers for the newly received/ admitted national
prisoners.
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1. Name of the Inmate
2. Reason for commitment and the authority therefore
3. Sentence
4. Date and hour of admission
5. Date and hour of discharge or transfer and basis therefore. This is for institutional purposes since
the newly received prisoner is subject to a 60-day orientation period. Thereafter, the inmate is
initially classified and transferred to an operating institution along with his cell and program
assignment.
IDENTIFICATION
After the registration procedures, the inmate shall undergo the following administrative routine:
1. Photographed (front and side view)
2. Fingerprinted
3. Assigned a Prison Number.
REGULATION HAIRCUT AND GOVERNMENT ISSUES
As a security measure, male prisoners are subjected to a regulation haircut. Beard / mustache, if any, are
shaven off. Also, the inmate will be issued two (2) regulation uniforms and two (2) t-shirts. In addition, the
prisoner is issued the following items for his use (which must be surrendered when released or discharged),
to wit,
1. One (1) blanket
2. One (1) mat
3. One (1) pillow with pillow case
4. One (1) mosquito net
5. One (1) mess kit
6. One (1) pair, slippers.
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COLONIST STATUS
Inmates are given entitlements as to privileges, in addition to those granted within their classification limitations. This
is considered as achieving “colonist status”. Under this system, the Director of Corrections, upon recommendation of
the Classification Board, classifies an inmate as a colonist. Qualified for this status is:
1. One whose known character and credit for work while serving time earned an assignment on trust basis for
more than one year
2. One who has served imprisonment with good conduct for a period equivalent to one fifth of the maximum
term of his prison sentence or, in the case of one who is serving a life sentence, seven years. His privileges
include the following:
a. Automatic reduction of the life sentence imposed on the colonist to a sentence of 30 years
b. Allowing his family to live with him, with the government shouldering transportation requirements in
the movement, and availing of hospital, church, school, and other services provided by such prison
facilities, free of charge. This privilege is granted to prisoners serving time in penal farms only
c. Issuance of a reasonable amount of clothing and ordinary household supplies from the government
commissary, in addition to free subsistence
d. The option to wear civilian clothes on such special occasions as may be designated by the
Superintendent.
RELEASING THE PRISONER
Kinds of Releases
Prisoners are released from confinement for any of the following reasons:
1. Upon expiration of his sentence;
2. By order of the Court or of competent authority;
3. After being granted parole, pardon (clemency) or amnesty. In the matter of executive clemency and parole
cases, the Director of Corrections submits the inmate’s prison record to the Board of Pardons and Parole
within the following periods:
a. For commutation of sentence: at least one (1) month before the expiration of one-third of the
minimum period of the inmate’s indeterminate sentence and in special cases, at least one (1) month
before the periods specified by the Board;
b. For conditional pardon: at least one month before the expiration of one half of the minimum period
of the inmate’s indeterminate sentence and in special cases, at least one month before the periods
as the board may specify; and
c. For parole: at least one month before the expiry date of his minimum sentence.
AUTHORITY TO RELEASE
Those authorized to order or approve the release of inmates are:
1. The Supreme Court or the lower courts (in cases of acquittal or grant of bail)
2. The President of the Philippines (in cases of executive clemency or amnesty)
3. The Board of Pardons and Parole (in parole cases)
4. The Director of Corrections (upon the expiration of the sentence of the inmate)
SEPARATION AND PLACEMENT CENTER
A facility called the Separation and Placement Center is maintained for prisoners to be released i.e. those whose
scheduled date of release shall be issued within 30 days. It is here where the prisoner is cleared of his government
property accountability.
Inmates in this facility undergo a one-day seminar in preparation for their lives outside prison. As a matter of course,
they are provided by the agency with transportation fare to their homes, plus a gratuity to cover the probable cost of
subsistence en route and, if practicable, a set of clothing.
The release of prisoners is conducted by the institution superintendent, with the approval of the Director of
Corrections.
PROPER IDENTIFICATION BEFORE RELEASING
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Prior to his release, the prisoner is properly identified through fingerprints and other identification marks as verified
from pertinent records in his admission, taking into consideration the distinguishing marks noted in reports.
Prisoners are not released through telegrams sent, or telephone calls made, by unnamed / unauthorized sources.
Inmates released by reason of acquittal, dismissal of the case, the filing of bond, or the payment of indemnity are
released upon receipt by the Superintendent of a written order bearing the seal of the court and duly signed by the
clerk of court or by the judge.
RELEASE OF FOREIGN NATIONAL PRISONER
As a rule, inmates must be released without unnecessary delay. In cases where an inmate to be released is
suffering from a communicable disease or mental derangement and cannot defray the expenses for his treatment,
the Superintendent shall take the necessary steps to refer said inmate to, or arrange for his follow-up treatment in, an
appropriate government institution.
In the case of a foreign national prisoner about to be released, the Director of Corrections must notify the
Commissioner of Immigration 30 days before the approximate date of release. Accordingly, the following documents
should be submitted to the Immigration Commissioner.
1. Certified copies of the court decision
2. Synopsis of the prison record
3. Expected date release.
RELEASED PRISONER WITH PENDING CASE(S)
In instances when an inmate to be released has a pending case, the Director must give the court where the case is
pending at least 30 days’ notice before the actual date of release. The proper recourse would be to turn over the
released inmate to the court where the inmate has a pending criminal case for disposition.
PROHIBITION IN RELEASING
In accordance with rules, inmates are not allowed to leave, or to be released from, prison 60 days before and thirty
(30) days after an election except for valid or legal reasons.
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LESSON I
HISTORICAL BACKGROUND OF THE PNP AND THE EARLY
POLICING SYSTEM
TOPICS
1. Early Policing System
2. Brief History of the Philippine Policing System.
3. Important Filipino Personalities in The Evolution of Philippine Policing
4. Evolution of Policing System
LEARNING OUTCOMES:
1
3. EGYPT
▪ Ancient rulers had elite unit to protect them
▪ created the MEDJAYS, a form of police force whose duties include guarding of the
tombs and apprehending thieves
▪ Introduced the use of dogs as guards and protectors
4. ENGLAND
I. FRANKPLEDGE SYSTEM/MUTUAL PLEDGE SYSTEM
▪ Required all males aged 12 and above to join a group of nine to form a TYTHING .
Members of the tything are called a TYTHINGMEN.
▪ A CONSTABLE served as a leader of ten tythings. The primary task of the things was
to protect their village from thieves and animals. Tythings were later organized into
SHIRES.
▪ A SHIRE was headed by a leader called SHIRE REEVE, which is the origin of the word
“sheriff”. Their duty was to apprehend offenders.
II. PARISH CONSTABLES
▪ A parish official charged with controlling crimes and appointed to serve for one year .
▪ Duties included organizing watchmen to guard the gates
▪ During trouble, the watchman would raise a “HUE AND CRY”, a call to arms where the
rest of the parish would stop what they were doing and come to the aid of the constable.
III. BOWSTREET RUNNERS
▪ A group of men organized to arrest offenders
▪ Organized by Henry Fielding, a magistrate in London, in 1749 in London, England
▪ The name was adopted from the name of the street where the office of Henry
Fielding was located.
▪ When Henry Fielding retired as magistrate, he was replaced by his blind brother,
John Fielding.
IV. METROPOLITAN POLICE OF ACT 1829
▪ The law that created the first modern police force in London England, called the
Metropolitan Police Service
▪ This law was passed through the initiative of Sir Robert Peel, a member of the
Parliament
▪ The headquarters of the Metropolitan Police Service is the Scotland Yard, now
known as the New Scotland Yard.
5. UNITED STATES OF AMERICA
I. KIN POLICING
▪ Historians and anthropologists regard the earliest system of law enforcement as kin
policing. In this primitive system, members of a clan or tribe banded together to
enforce the rules of the group on rogue members. The essence of kin policing was
the idea that an attack on one member of the group was tantamount to an attack on
the entire group. Note that this method was extremely informal: there were no courts
or written system of laws. Behavioral expectations were derived from group norms
and customs.
II. NEW YORK POLICE DEPARTMENT
▪ Created in 1845 in New York, USA
▪ Recognized as the first modern style police department in the United States. It is
the largest police force in the world and modeled after the Metropolitan Police
Service of London.
III. BOSTON POLICE DEPARTMENT
▪ The oldest police department in the United States.
▪ The first night watch was established in Boston in 1631
▪ It was formally founded in May, 1854.
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AUGUST VOLLMER
- Recognized as the Father of Modern Law Enforcement for his contributions in the development of
the field of criminal justice in the US
- Author of the book, Police Administration, which served as the basic guide in the administration of
the police organization in the US
- He was the first police chief of Berkeley, California
Guardrilleros/Cuardillo – this was a body of rural police organized in each town and established by the
Royal Decree of 18 January 1836; this decree provided that 5% of the able-bodied male inhabitants of each
province were to be enlisted in this police organization for three years
Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852 to partially
relieve the Spanish Peninsular troops of their work in policing towns; it consisted of a body of Filipino
policemen organized originally in each of the provincial capitals of the central provinces of Luzon under the
Alcalde Mayor.
• The establishment of Guardia Civil gave the colonizers a tremendous control through a centralized
police administration which enabled the supreme head to determine the police to be pursued in law
enforcement and the maintenance of peace and order.
• Months before the Philippine Independence under the regime of Revolutionary president Emilio
Aguinaldo, the Spanish organized police force easily collapsed.
• After the collapse of Philippine Revolutionary government, the Americans established an INSULAR
POLICE FORCE later known as PHILIPPINE CONSTABULARY which became the institution of
preserving the peace, enforcing the law, and maintaining order.
• On September 8, 1966, Republic Act No. 4864 was enacted known as Police Act of 1966-. The law
provided the legal guideline in undertaking at a national level reform which contributed to the
improvement of police efficiency and performance ---→to implement its objective the NAPOLCOM
was created.
AMERICAN PERIOD
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The Americans established the United States Philippine Commission headed by General Howard
Taft as its first governor-general. On January 9, 1901, the Metropolitan Police Force of Manila was
organized pursuant to Act No 70 of the Taft Commission. This has become the basis for the celebration
of the anniversary of the Manila’s Finest every January 9th.
ACT NO 175 – entitled “An Act Providing for the Organization and Government of an Insular
Constabulary”, enacted on July 18, 1901
ACT NO 183 - created the Manila Police Department, enacted on July 31, 1901
Act No 255 – the act that renamed the Insular Constabulary into Philippine Constabulary, enacted on
October 3, 1901
Executive Order 389 – ordered that the Philippine Constabulary be one of the four services of the Armed
Forces of the Philippines, enacted on December 23, 1940
POST-AMERICAN PERIOD
RA 4864 – otherwise known as the Police Professionalization Act of 1966, enacted on September 8, 1966;
created the Police Commission (POLCOM) as a supervisory agency to oversee the training and
professionalization of the local police forces under the Office of the President; later POLCOM was renamed
into National Police Commission (NAPOLCOM)
MARTIAL LAW PERIOD
PD 765 – otherwise known as the Integration Act of 1975, enacted on August 8, 1975; established the
Integrated National Police (INP) composed of the Philippine Constabulary (PC) as the nucleus and the
integrated local police forces as components, under the Ministry of National Defense
- transferred the NAPOLCOM from the Office of the President to the Ministry of National Defense
Executive Order No 1040 – transferred the administrative control and supervision of the INP from the
Ministry of National Defense to the National Police Commission
RA 6975 – otherwise known as the Department of the Interior and Local Government Act of 1990,
enacted on December 13, 1990; reorganized the DILG and established the Philippine National Police, Bureau
of Fire Protection, Bureau of Jail Management and Penology and the Philippine Public Safety College
RA 8551 – Otherwise known as the Philippine National Police Reform and Reorganization Act of 1998,
enacted on February 25, 1998; this law amended certain provisions of RA 6975.
4
RA 9708 - Law amending the provisions of RA 6975 and RA 8551 on the minimum educational qualification
for appointment to the PNP and adjusting the promotion system; approved on 12 August 2009.
“AN ACT EXTENDING FOR FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR COMPLYING WITH
THE MINIMUM EDUCATIONAL QUALIFICATION FOR APPOINTMENT TO THE PHILIPPINE NATIONAL
POLICE (PNP) AND ADJUSTING THE PROMOTION SYSTEM THEREOF, AMENDING FOR THE
PURPOSE PERTINENT PROVISIONS OF REPUBLIC ACT NO. 6975 AND REPUBLIC ACT NO. 8551
AND FOR OTHER PURPOSES”
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LESSON II
ORGANIZATIONAL STRUCTURE
TOPICS
1. Fundamental Theories and Concepts of Police Service
2. Composition of the PNP
3. Organization of PNP
4. Manning level
5. Rank Classification
LEARNING OUTCOMES:
At the end of the lesson, the students must be able to understand the theories and
philosophy as well as the organizational concept and principle.
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Broadens police activities to cater to social services and has for its mission the welfare of the
individual as well as that of the community in general
TOPIC 2: COMPOSITION
Subject to the limitations provided for in this Act, the Philippine National Police, hereinafter referred
to as the PNP, is hereby established, initially consisting of the members of the police forces who were
integrated into the Integrated National Police (INP) pursuant to Presidential Decree No. 765, and the officers
and enlisted personnel of the Philippine Constabulary (PC). For purposes of this Act, the officers and enlisted
personnel of the PC shall include those assigned with the Narcotics Command (NARCOM) or the Criminal
Investigation Service (CIS); and those of the technical services of the AFP assigned with the PC and the
civilian operatives of the CIS. The regular operatives of the abolished NAPOLCOM Inspection, Investigation
and Intelligence Branch may also be absorbed by the PNP. In addition, a PC officer or enlisted personnel
may transfer to any of the branches or services of the Armed Forces of the Philippines in accordance with
the provisions of Section 85 of this Act.
In order to be qualified for transfer to the PNP units in Metropolitan Manila and in highly urbanized
cities, an individual must have completed not less than second year collegiate work or its equivalent in training
of seventy-two (72) collegiate units.
Anyone who has any pending administrative or criminal case or has been adjudged liable or
convicted of any crime pending appeal shall be allowed to join the PNP provisionally without prejudice to final
judgment by a body of competent jurisdiction.
The permanent civilian employees of the present PC, INP, Narcotics Command, CIS, and the
technical services of the AFP assigned with the PC, including NAPOLCOM hearing officers holding regular
items as such, shall be absorbed by the Department as employees thereof, subject to existing laws and
regulations.
The PNP shall be headed by a Chief who shall be assisted by two (2) deputy chief, one (1) for
operations and one (1) for administration, both of whom shall be appointed by the President upon
recommendation of the Commission from among the most senior and qualified officers in the service:
Provided, however, That in no case shall any officer who has retired or is retirable within six (6) months from
his compulsory retirement age be appointed as Chief of the PNP. The PNP shall be composed of a national
office, regional offices, provincial offices, district offices, city or municipal stations.
At the national level, the PNP shall maintain its office in Metropolitan Manila which shall house the
directorial staff, service staff and special support units.
At the regional level, the PNP shall have regional offices, including that of the National Capital
Region, which may be divided into two (2) separate regions without prejudice to the pertinent provisions of
the Organic Act for the Autonomous Regions of the Cordilleras and Muslim Mindanao relative to the creation
of a regional police force in the area of autonomy. Each of these regional offices shall be headed by a regional
director for peace and order.
At the provincial level, there shall be a PNP office, each headed by a provincial director. In the case
of large provinces, police districts may be established by the Commission to be headed by a district director.
At the city or municipal level, there shall be a PNP station, each headed by a chief of police.
The Chief of the PNP shall, within sixty (60) days from the effectivity of this Act and in accordance
with the broad guidelines set forth herein, recommend the organizational structure and staffing pattern of the
PNP to the Commission.
8
MANAGEMENT AND ORGANIZATION CONCEPTS
ORGANIZATION
- a group of persons working together for a common goal or objectives
- a form of human association for the attainment of a goal or objective
- the process of identifying and grouping the work to be performed, defining and delegating
responsibility and authority, establishing relationships for the purpose of enabling people work
effectively
POLICE ORGANIZATION
- a group of trained personnel in the field of public safety administration engaged in the achievement
of goals and objectives that promotes the maintenance of peace and order, protection of life and
property, enforcement of the laws and the prevention of crimes
ENFORCEMENT
- means to compel obedience to a law, regulation or command
OBJECTIVES
- refer to the purpose by which the organization was created
- refer to the goals of the organizations
ADMINISTRATION
- an organizational process concerned with the implementation of objectives and plans and internal operating
efficiency
- connotes bureaucratic structure and behavior, relatively routine decision-making and maintenance of the
internal order
POLICE
- a branch of the criminal justice system that has the specific responsibility of maintaining law and
order and combating crime within the society
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POLICE/LAW ENFORCEMENT ADMINISTRATION
- the process involved in ensuring strict compliance, proper obedience of laws and related statutes
- focuses on the policing process or how law enforcement agencies are organized and managed in
order to achieve the goals of law enforcement most effectively, efficiently and productively
SUPERVISION
- means the act of watching over the work or tasks of the members of the organization to ensure that
desired results are achieved
MANAGEMENT
- the process of directing and facilitating the work of people organized in formal groups in order to
achieve objectives
- judicious or wise use of resources (manpower, material, money, equipment, supplies, time etc)
AUTHORITY
- the right to command and control the behavior of employees in lower positions within an
organizational hierarchy
- must be viewed in terms of prescribed roles rather than of individuals
- a particular position within an organization carries the same regardless of who occupies that position
HIERARCHY
- represents the formal relationship among superiors and subordinates in any given organization
- serves as the framework for the flow of authority downward, and obedience upward, through the
department
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- work specialization can increase efficiency with the same amount of effort
AUTHORITY AND RESPONSIBILITY
- authority includes the right to command and the power to require obedience
- one cannot have authority without responsibility
DISCIPLINE
- necessary for an organization to function effectively, however, the state of the disciplinary process
depends upon the quality of its leaders
UNITY OF COMMAND
- subordinate should receive orders from one superior only
SCALAR CHAIN
- the hierarchy of authority is the order of ranks from the highest to the lowest levels of the organization
- shows the vertical hierarchy of the organization which defines an unbroken chain of units from top to
bottom describing explicitly the flow of authority
ORGANIZATIONAL UNITS IN THE POLICE ORGANIZATION
1) FUNCTIONAL UNITS
a. BUREAU - the largest organic functional unit within a large department; comprises of
several divisions.
b. DIVISION - a primary subdivision of a bureau.
c. SECTION -functional unit within a division that is necessary for specialization.
d. UNIT- functional group within a section or the smallest functional group within an
organization
2) TERRITORIAL UNITS
a) POST - a fixed point or location to which an officer is assigned for duty, such as a designated
desk or office or an intersection or cross walk from traffic duty
b) ROUTE - a length of streets designated for patrol purposes; also called line beat
c) BEAT - an area assigned for patrol purposes, whether foot or motorized
d) SECTOR - an area containing two or more beats, routes or posts
e) DISTRICT - a geographical subdivision of a city for patrol purposes, usually with its own
station
f) AREA - a section or territorial division of a large city each comprised of designated districts
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3) AUXILIARY FUNCTIONS
- functions involving the logistical operations of the organization
- examples are training, communication, maintenance, records management, supplies and equipment
management
2) ADMINISTRATIVE UNITS
- those that perform the administrative functions
examples are personnel, finance, planning and training
3) SERVICE UNITS
- those that perform auxiliary functions
- examples are communication, records management, supplies
ORGANIZATIONAL STRUCTURE
- the systematic arrangement of the relationship of the members, positions, departments and functions
or work of the organization
- it is comprised of functions, relationships, responsibilities and authorities of individuals within the
organization
Authority flows from the top to the bottom of the organization in a clear and unbroken line, creating
a set of superior-subordinate relations in a hierarchy commonly called –chain of command. A primary
emphasis is placed upon accountability by close adherence to the chain of command.
The term “line” originated with the military and was used to refer those units which are to be used to
engage the enemy in combat. Line also refers to those elements of police organization which perform the
work which the agency was created to handle. Stated somewhat differently, line units contribute directly to
the accomplishment of the police. Thus, the primary line elements of a police department are uniformed
12
patrol, investigation, and traffic. Within police agencies the line function may also be referred to as
“Operations,” “Field Services.”
The pure line police organization does not have any supporting elements which are internal or part
of its such as personnel, media, relations, training, or fiscal management. Instead, the line police organization
totally uses its resources to provide services directly to the public. Typically found only in small towns, the
line is the most common type of police organization due to the sheer frequency of small jurisdiction. However,
police officers work in larger departments which retain the basic line element, but to which are added various
types of support units. These larger police departments are often referred to as the line and staff form of
organization
As more demands for services are placed on police departments, there is a need to add internal
support functions so that the line functions can continue to provide services to the public. The addition of
support functions to the line elements produces a distinct organization form: the line and staff structure.
The addition of the staff component to the line structure offer a number of advantages because such unit are
helpful in : (Figure 2)
1. Providing expert advice to the line units in special knowledge areas as demonstrated by the
opinions of legal advisors;
2. Relieving line managers from performing tasks which they least prefer to do or are least qualified
to do such as training and scientific analysis of physical evidence;
3. Achieving department- wide conformity in activities that affect the entire organization such as
disciplinary procedures; and
4. Reducing or eliminating special problems such as corruption because of the greater expertise
they bring to bear on the issue and the greater amount of time they have to devote to the problem.
The Philippine National Police follows the line and staff kind of organizational structure.
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• Transportation and
Maintenance
Staff is also referred to as “support” or “administrative” and all three terms are generally use to denote
any non-line function. Staff functions will sometimes be further broken down into two (2) types; auxiliary or
support and staff services. Under this arrangement auxiliary or support units, such as communications
and crime laboratory services are charged with the responsibility of giving immediate assistance and are
supportive of the entire police department. Table 1 identifies typical line, auxiliary and staff functions.
Depending on the factors such as the history of the police department and the Chief’s preferences, there is
some variation as to how functions are categorized.
The functional structure is one means by which the line authority structure of an organization can be
modified. Hodge and Johnson state that functional structure is a line and staff structure that has been
modified by the delegation of management authority to personnel outside their normal spans of control
(Figure 3)
One interesting form of organizational design is variously referred to as “matrix” or “grid” structure.
In some cases, the style has been inclusively part of “project” or “product” management. The essence of
matrix structure is in the assignment of members of functional area (e.g. patrol, detective, and support
14
services) to specific projects (e.g. taskforce and crime specific programs). The most typical situation in which
the matrix approach is used in where a community has had a series of sensationalized crimes and the local
police department announces it has formed a “task force” to apprehend the violator. Quite often, the matrix
structure is used for relatively short periods of time when specific programs are conducted. After the
assignment is completed, individuals return to their respective units.
15
hierarchy of supervisory positions or ranks that exists, while width of the pyramids is a product of the
organization’s staggered spans of control.
Factors affecting the span of control:
a) Leadership qualities of the supervisors
b) Nature of the job and work conditions
c) Complexity of task
d) Education and skill of the employees
2) DELEGATION OF AUTHORITY
As an organization grows in complexity it soon becomes apparent that delegation must take place.
Organization dynamics requires that authority -responsibility relationships be established so that the
hierarchical structure can accomplish its objectives. The process of delegation must take place whenever a
supervisor’s responsibilities become too heavy for him. The only way he can do his job effectively is to
delegate some of his work to others. Delegation frees him from a multitude of time-consuming task and
permits him to give proper attention to the important parts of his job. Delegation involved authority,
responsibility, and accountability.
Authority-involves the right to make decisions, give orders, and expect to be obeyed in relation to work
assignments. It is the right to require action of others. It is a permission to make commitments, use resources,
and to tak necessary action to make possible the performance of the assigned work. Authority is described
ad defined in job descriptions, policies, procedures, instruction manuals, routines, and special instructions.
Responsibility and Accountability-
Responsibility- it is a double obligation
1. To the obligation to perform the assigned work in a suitable manner or to see that someone else
does in a suitable manner; and
2. Accountability for its proper performance.
Accountability- is defined as the obligation of a subordinate to report to the delegating superior upon the
exercise of authority and the performance of the assignment. Actually, an employee is responsible for two
things: performance of the work assigned, and then feedback to the boss as to the way the authority was
exercised and the work performed. Accountability is being answerable for one’s conduct in respect to
obligations fulfilled or unfulfilled; it is a rendering of stewardship.
Delegation- is the act of transferring selected responsibilities with commensurate authority, to one or more
subordinates. Delegation of authority should be from a superior to his immediate subordinates. Theoretically
the delegation should be to the position and not to the man; but actually to the kind of man determines the
kind of delegation. First of all, , the subordinate must be able to and willing to receive the authority. To be
able, he must have a sufficient knowledge and experience to make good decisions and just be able to
exercise his authority so that the goals will be achieved. And he must be willing to accept responsibility.
Compare “Accountability” as alluded to earlier, a delegation of authority does not include a delegation of
accountability. The latter cannot be delegated, since accountability for getting the job done falls on the
delegator and, ultimately, on the chief executive of the agency. In other words, a chief of police must be fully
accountable to the local government (city, county) fort the actions along with the chief would violate the basic
notion of administrative responsibility.
3) UNITY OF COMMAND- means that each person, from the bottom to the top of the organization,
has just one boss, and no one but the boss should be giving him direct orders. In the averaged business this
principle of unity of command-that no one can serve two masters-violated frequently and flagrantly.
4) GROUPING OF SIMILAR TASK
Tasks, similar or related in purpose, process, method or clientele, should be grouped together in one
or more units under the control of one person. Whenever, practicable, every function of the police force will
be assigned to a unit.
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According to function
The force should be organized primarily according to the nature of the basis to be performed. It
should be divided into groups so that similar and related duties may be assigned to each.
According to Time Frame
The elements are divided into many shifts or watches according to the time of the day. This is the
most elementary form of police organization. Any large functional unit can also be organized according top
time if the demand exists.
According to Level of Authority
A police department is always divided according to the level of authority. Example, there will be some
patrolmen, sergeants, some lieutenants, some captains, and so on. Veridical combinations of superior
officers, with each rank at a different level of authority from any other, from channels through which operations
may be directed and controlled can be adopted in certain cases to ensure coordination.
5) SPECIALIZATION BASED ON NEED
- the assignment of particular personnel to particular tasks
SPECIALIZATION OF JOBS (AREAS OF SPECIALIZATION)
- the designation of certain activities or tasks as ones that must be performed in a highly technological,
scientific or precise manner
- areas of police specialization include undercover works, crime scene operations, legal advising,
computer work, SWAT operations and others
SPECIALIZATION OF PEOPLE (SPECIALISTS)
- the designation of particular persons as having expertise in a specific area of work
- signifies the adaptation of an individual to the requirements through extensive training
6) LINE OF AUTHORITY AND CHAIN OF COMMAND
This principle or organization suggests that communications should ordinarily go upward through
established channels in the hierarchy. Diverting orders, directives, or reports around a level of command
usually has disastrous effects on efficiency of the organization.
The chain of command is violated when one organization member communicates in an official
capacity with another who is not his immediate superior, subordinate, or colleague. Some violations can be
charged to ignorance, come to failure to consider the consequences, and some to the ambition of a supervisor
who is trying to take over the authority for a particular activity in order to enlarge the area of his job.
7) COMMAND RESPONSIBILITY
- dictates that immediate commanders shall be responsible for the effective supervision and control of
their personnel and unit
TOPIC 3: ORGANIZATION
HIGHLIGHTS OF RA 6975 – THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT
OF 1990, RA 8551 – THE PHILIPPINE NATIONAL POLICE REFORM AND REORGANIZATION ACT OF
1998 and RA 9708
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c) local government units (LGU)
1) provincial governors
2) city and municipal mayors
d) the National Police Commission
e) the Philippine Public Safety College
f) Philippine National Police
g) Bureau of Fire Protection
h) Bureau of Jail Management and Penology
- the PPSC, PNP, BFP and BJMP were created under RA 6975
- headed by the Secretary to be appointed by the President and who shall serve at the pleasure
of the President
- the Secretary shall be assisted by two (2) Undersecretaries and three (3) Assistant Secretaries
a) Undersecretary for Local Government
b) Undersecretary for Peace and Order
- No retired or resigned military officer or police official may be appointed as Secretary within one
(1) year from date of retirement or resignation
- the Secretary is also the ex officio chairman of the National Police Commission
- refer to the organizational chart of DILG
-
POWERS AND FUNCTIONS OF THE DILG
• Assist the President in the exercise of general supervision over local governments;
• Advise the President in the promulgation of policies, rules, regulations and other issuances on the
general supervision over local governments and on public order and safety;
• Establish and prescribe rules, regulations and other issuances implementing laws on public order
and safety, the general supervision over local governments and the promotion of local autonomy and
community empowerment and monitor compliance thereof;
• Provide assistance towards legislation regarding local governments, law enforcement and public
safety;
Establish and prescribe plans, policies, programs and projects to promote peace and order, ensure
public safety and further strengthen the administrative, technical and fiscal capabilities of local
government offices and personnel;
• Formulate plans, policies and programs which will meet local emergencies arising from natural and
man-made disasters;
Establish a system of coordination and cooperation among the citizenry, local executives and the
Department, to ensure effective and efficient delivery of basic services to the public;
• Organize, train and equip primarily for the performance of police functions, a police force that is
national in scope and civilian in character.
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VISION OF THE NAPOLCOM
"We envision the National Police Commission as a highly dynamic, committed and responsive
administering and controlling body, actively and effectively facilitating the evolvement of a highly professional,
competent, disciplined, credible and trustworthy PNP"
Develop policies and promulgate a police manual prescribing rules and regulations for efficient
organization, administration, and operation, including criteria for manpower allocation
distribution and deployment, recruitment, selection, promotion, and retirement of personnel and the
conduct of qualifying entrance and promotional examinations for uniformed members;
Examine and audit, and thereafter establish standards for such purposes on a continuing basis, the
performance, activities, and facilities of all police agencies throughout the country;
Conduct annual self-report surveys and compile statistical data for accurate assessment of the crime
situation and the proper evaluation of the efficiency and effectiveness of all police units in the country;
Approve or modify plans and programs on education and training, logistical requirements,
communications, records,
information systems, crime laboratory, crime prevention and crime reporting;
Affirm, reverse or modify, through the National Appellate Board, personnel administrative actions
involving the demotion or dismissal from the service imposed upon members of the Philippine
National Police by the Chief of the Philippine National Police;
Exercise appellate jurisdiction through the Regional Appellate Boards, over administrative cases
against policemen and over decisions on claims for police benefits;
Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the
Philippine Heraldry Commission, for insignia of ranks, awards, medals of honor;
Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers
and duties, and designate who among its personnel can issue processes and administer oaths in
connection therewith;
Inspect and assess the compliance of the PNP on the established criteria for manpower allocation,
distribution and deployment and their impact on the community and the crime situation, and
thereafter formulate appropriate guidelines for maximization of resources and effective utilization of
the PNP personnel;
Monitor the performance of the local chief executives as deputies of the Commission; and
B. Advise the President on all matters involving police functions and administration;
C. Render to the President and to Congress an annual report of its activities and accomplishments during
the thirty (30)days after the end of the calendar year, which shall include an appraisal of the conditions
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obtaining in the organization and administration of police agencies in the municipalities, cities and
provinces throughout the country, and recommendations for appropriate remedial legislations;
D. Recommend to the President, through the Secretary, within sixty (60) days before the commencement
of each calendar year, a crime prevention program; and
E. Perform such other functions necessary to carry out the provisions of R.A. 6975, as amended, other
existing laws and Presidential issuances, and as the President may direct.
COMPOSITION:
consist of a Chairperson, four (4) regular Commissioners and the Chief of PNP as ex officio
member
Shall serve a term of office of six (6) years without reappointment or extension
Three of the four regular commissioners shall come from civilian sector and not former members
of the police or military
The fourth regular commissioner shall come from the law enforcement sector either active or
retired
At least one (1) of the four regular commissioners shall be a woman
From among the three regular commissioners from the civilian sector, the Vice Chairperson shall
be chosen.
The Vice Chairperson shall act as the Executive Officer of the Commission
Refer to the organizational structure of the NAPOLCOM
ORGANIZATIONAL STRUCTURE
- Composed of:
a) Commission Proper
b) Staff Services
1) Planning and Research
2) Legal Affairs
3) Crime Prevention and Coordination
4) Personnel and Administrative Service
5) Inspection, Monitoring and Investigation
6) Installations and Logistics
7) Financial Service
c) Disciplinary Appellate Boards
1) National Appellate Board
▪ shall decide cases on appeal from the decisions rendered by the Chief, PNP
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o “The state shall establish and maintain one police force which shall be national in scope and
civilian in character…”
Headed by the Chief, PNP, with the rank of Director General, appointed by the President and who
shall serve a term of office of four (4) years
NATIONAL IN SCOPE
- Means that the PNP is a nationwide government organization whose jurisdiction covers the entire
breadth of the Philippine archipelago
- All uniformed and non-uniformed personnel of the PNP are national government employees
CIVILIAN IN CHARACTER
- Means that that the PNP is not a part of the military, although it retains some military attributes
such as discipline
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1) Deputy Chief for Administration
2) Deputy Chief for Operations
- The Chief PNP and the two (2) deputy chiefs shall be appointed by the President
- No officer who is retirable within six (6) months shall be appointed Chief
- The PNP shall be composed of a national office, regional offices, provincial offices, district
offices, and city or municipal stations
- Refer to the organizational structure of the Philippine National Police
DISTRICT OFFICES
- NCRPO is divided into five (5) districts, each headed by a District Director:
Manila Police District (formerly Western Police District)- Manila
Eastern Police District (EPD) – San Juan, Mandaluyong, Pasig
Northern Police District (NPD) – Caloocan, Malabon, Valenzuela
Central Police District (CPD) – Quezon City
Southern Police District (SPD) – Pasay and Makati
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2) LOGISTICS UNIT
- Headed by a Director with the rank of CHIEF SUPERINTENDENT
- Shall be responsible for the procurement, distribution and management of all the logistical
requirements of the PNP including firearms and ammunition
3) COMMUNICATIONS UNIT
- shall be responsible for establishing an effective police communications network
4) COMPUTER CENTER
- shall be responsible for the design, implementation and maintenance of a database system for the
PNP
5) FINANCE CENTER
- shall be responsible for providing finance services to the PNP
6) CIVIL SECURITY UNIT
- shall provide administrative services and general supervision over the organization, business
operation and activities of all organized private detectives, watchmen, security guard agencies and company
guard forces
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8) TRAFFIC MANAGEMENT UNIT
- shall enforce traffic laws and regulations
9) MEDICAL AND DENTAL CENTERS
- Shall be responsible for providing medical and dental services for the PNP
10) CIVIL RELATIONS UNIT
- Shall implement plans and programs that will promote community and citizen’s participation in
the maintenance of peace and order and public safety
POWERS AND FUNCTIONS OF THE CHIEF PNP
The command and direction of the PNP shall be vested in the Chief, PNP who shall have the power
to:
1) direct and control tactical as well as strategic movements, deployment, placement, utilization of the
PNP or any of its units and personnel, including its equipment, facilities and other resources;
2) issue detailed implementing policies and instructions regarding personnel, funds, properties, records,
correspondence, and such other matters as may be necessary;
3) dismiss police officer
On the average nationwide, the manning levels of the PNP shall be approximately in accordance
with a police-to-population ratio of one (1) policeman for every five hundred (500) persons. The actual
strength by cities and municipalities shall depend on the state of peace and order, population density and
actual demands of the service in the particular area: Provided, That the minimum police-to-population ratio
shall not be less than one (1) policeman for every one thousand (1,000) persons: Provided, further, That
urban areas shall have a higher minimum police-to-population ratio as may be prescribed by regulations.
For purposes of efficient administration, supervision and control, the rank classification of the
members of the PNP shall be as follows:
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NON-COMMISSIONED OFFICER RANKS (NCO)
- Patrolman/Patrolwoman to Police Executive Master Sergeant
COMMISSIONED OFFICER RANKS (CO)
- Police Lieutenant to Police General
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LESSON III
EXPLORING THE BIOLOGICAL THEORIES OF CRIME
CAUSATION
TOPICS
1. Biosocial Theory
2. Evolutionary Theory
3. Arousal Theory
4. Life Course Theory
5. Latent Trait Theory
6. Family Studies: Jukes and Kallikak Family
7. Somatotyping Theory
8. Physiognomy
9. Phrenology
10. Nature Theory
LEARNING OUTCOMES:
INTRODUCTION
Biological theories emphasized that criminal behavior results from a complex interplay of social and
biological factors. It attempts to explain behaviors contrary to societal expectations through examination of individual
characteristics. These theories are characterized by a paradigm called positivism (also known as determinism), which
states that behaviors, including law violating behaviors, are determined by factors beyond the control of an individual
(Siegel, 2007).
It viewed that both thought, and behavior have biological and social bases. Biosocial theorists believe that
it is the interaction between predisposition and environment that produces criminality. Children born into a
disadvantaged environment often do not have the social and familial support they need to overcome their handicaps.
Lack of family support can have long-term physical consequences.
Contemporary biosocial theorists seek to explain the onset of antisocial behaviors, such as aggression, and
violence, by focusing on the physical qualities of the offenders. Their research appear to be concentrated three (3)
distinct areas of study: biochemical factors, neurological dysfunction, and genetic influences (Siegel et al, 2007)
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1. BIOCHEMICAL FACTORS - stress on the relationship between antisocial behavior and biochemical make up
and that body chemistry can govern behavior and personality, including levels of aggression and expression. For
example, exposure to lead in the environment and subsequent lead ingestion has been linked to antisocial
behaviors (Siegel et al., 2007)
1.1 Hormonal Levels- another area of biochemical research emphasizes that antisocial behavior allegedly
peaks in the teenage years because normal activity is at its highest level during this period. Research also
suggests that increased levels of the male androgen and testosterone are responsible for excessive levels
of violence among teenage boys.
2.1 Minimal Brain Dysfunction- is defined as the damage to the brain itself that causes antisocial behavior
injurious to the individual’s lifestyle and social adjustment. Children who manifest behavior disturbances
may have identifiable neurological deficits, such as damage to the hemispheres of the brain. One specific
type of MBD is Learning Disability, a term that has been defined by the National Advisory Committee on
Handicapped Children. Learning disability is neurological dysfunction that prevents an individual from
learning to his or her potential (Siegel et al, 2007)
3. GENETIC INFLUENCES - focus on the idea that individuals who share the same genes are alike in personality
regardless of how they are reared, while the rearing environment induces little or no personality resemblance.
The Father of Criminology, Cesare Lombroso often believed that antisocial behavior had a genetic basis based
on his theory that some people are “born criminals.” Some biological theorists, for example, stated that certain
violent traits-including psychopathy-may be inherited (Carey and Di Lalla, 1994).
3.1 Parent-Child Similarities- studies found out that parental criminality and deviance do, in fact, powerfully
influence delinquent behavior. Donald J. West and David P. Farrington (1986) made a study and they
found out that a significant numbers of delinquent youths have criminal fathers. West and Farrington’s
study has been supported by Rochester Youth Development Study. The latter found an intergenerational
continuity in antisocial behavior, that is, criminal fathers produce delinquent sons who grow up to have
delinquent children themselves (Siegel et al., 2007).
3.2 Sibling and Twin Similarities- Biosocial theorists have compared the behavior of twins and non-twin
siblings and found out that the twins , who share more genetic material, are also more similar in their
behavior. When comparing identical monozygtic (MZ) twins with same-sex fraternal dizygotic (DZ) twins,
they found out that the former have an identical genetic make-up, while the latter share only about 50% of
their genetic combinations. Reviews of twin studies found that in all cases, MZ twins had delinquent and
antisocial behavior patterns more similar than that of DZ twins (Siegel,et al., 2007).
3.3 Adoption Studies- Sarnoff Mednick and Bernard Hutchings (1983) force to conclude based on their study
the genetics played atleast some role in creating delinquent tendencies. They found that adoptees share
genetics many of the behavioral and intellectual characteristics of their biological parents despite the social
and environmental conditions found in their adoptive homes (Siegel et al, 2007).
Evolutionary theory is a broad based view that certain types of sexual behavior are genetic and passed
down from one generation to another through the process of evolution, natural sex, and survival. This theory
separates into two types to explain violent crime and sexual pleasure. Rushton’s theory of race and evolution as well
as Barash’s studies of human and animal nature help to explain violent and sub-sexual crime. R/K theories and
Cheater theories are defined to help explain sexual crimes such as rape. These three were the top most plausible
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theories that contribute to the evolutionary theory in attempt to explain criminal behavior. These three theories that
construct to make up the theory of evolutionary crime are explained in the following.
J. Phillippe Rushton’s theory of race and evolution explains about the origin of human evolution. According
to Rushton humanity began in Africa about 200,000 years ago and migrated outward toward what is known now as
Europe and Asia. In his theory he stated that as the further north the early humans traveled the more exposed to the
colder climates and their evolution began to change in response to their surroundings. He stated that as a result their
brain mass increased and developed slower rates of maturation and sexual hormones. The need for stability also
became a factor of survival in the harsher climate. The winters were longer and colder, driving the need for food
storage and stability between male and female relations to ensure the survival of their offspring. This theory stands to
validate the drives behind petty theft and crimes in poor districts. Not much has changed from modern day slums and
desperate attempts of poorer people to the survival tactics of the early humans almost two hundred thousand years
ago. Yet the methods are different. Early humans used primitive forces in which to kill and they only killed for food.
Today modern society no longer needs to hunt for food in the wild, but rather in the streets. A person may steal food
from a store to feed himself or his family. The use of weapons is obsolete unless an obstacle becomes present that
will hinder them from achieving their goal. Petty shoplifting usually derives of this force for the lower class and
poverty levels. However, his theory has received numerous critical debate because this theory does not explain
organized and white collar crime. One particular criminologist, Michael Lynch, argued that Rushton ignores the fact
that men are much more criminal than women even though there is little evidence to support the differences in
intelligence or brain size between men and women.
The second theory is the R/K theory. This is derived from the theory of the evolution of the human
species. R stands for the growth rate while K represents the caring capacity. R and K have no real definition, in fact
they are algebraic representations for the equation of Verhulst’s population dynamics. In accordance with the
evolutionary theory of crime it is believed that all organisms are located along a continuum based upon their
reproductive drives. In this theory, those along the R line are in the rapidly reproducing category. They care little of
their offspring and reproduce as many times as possible to ensure their legacy’s survival. This in turn is used to
describe rape cases as the R trait is most commonly seen in male genders. At the other end of the spectrum is the K
organisms. These organisms reproduce slowly and place great responsibility and care in their offspring. Evolutionary
theorists believe that all males lean toward the R factor for the reason that they can reproduce faster and do not have
to invest a lot of time into their offspring. Females are categorized on the K spectrum. They reproduce slower and
place great time and effort into their children. Under this theory, R/K selection explains crime as those under the R
spectrum tend to be more deceptive and cunning, thus males tend to partake in more criminal behavior and in
general commit more violent crimes than those along the K spectrum. R/K Theory is believed to be the underlying
theory for cases of rape, women brutality, and domestic abuse. It explains the male’s need for dominance and the
drive behind sexual related crimes, this explains why rape is mainly a male crime with few female convicts as they do
not fit the R category. Females tend to be more nurturing toward their offspring and carry a specific trait that prevents
them from reproducing as fast as males, hence sexually oriented crimes are by far committed by males.
The third theory is known as the Cheater’s theory. This theory is designed to explain adultery and
criminal actions such as crimes of passion. According to this theory it is believed that a subpopulation of males were
evolved with genes that leaned them more toward sexual reproduction with little involvement in the offspring’s care.
Their sole purpose was to be sexually active with as many females as possible to spread their genes into as many
offspring to ensure their survival. These types of males are cunning, deceptive, and resourceful. They resort to
mimicking and various other resources to gain sexual conquest with eligible females that may be able to support their
offspring with as little involvement by the father as possible. This is believed to lead to future generations of children
to produce low self-esteem, lower intelligence, and aggressive behavior. Thus, ultimately leading to criminal intent
and behavior. In accordance with evolutionary theory Dr. David P. Barash, a professor of Psychology at the
University of Washington at Seattle, conducted research with his co-worker Judith eve Lipton on the evolution of the
male gender in association with violence. In their studies they found that professions that involved violence such as
soldiers, executioners, hunters, and slaughter house workers were overwhelming male. This would revert back to
Rushton’s theory of race and evolution, showing that ever since the early man it has always been the male that has
provided for the females, thus the male would have to display violence to obtain survival necessities. Even today it is
still a common stereotype believed in modern society, the male is the breadwinner while the female is the
homemaker. This tradition has been sent since early man and is believed that when threatened, crime happens. This
would explain crimes against women such as rape, battery, slander, and discrimination.
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TOPIC 3: AROUSAL THEORY
According to Arousal Theory, peoples’ brains function differently in response to environmental input. In
general, people attempt to maintain an optimal level of arousal. Too much stimulation causes anxiety and fear, while
too little stimulation leads to boredom and depression. However, individuals also differ dramatically with respect to
their cognitive ability to process environmental stimuli. In other words, some people feel comfortable with very little
stimulation, while others require a high level of environmental input. These “sensation-seekers” or “thrill-seekers” are
much more likely to engage in a wide variety of risky activities – including violent behavior. Unfortunately, all the
factors that determine an individual’s optimal level of arousal have not yet been determined. Possible sources include
brain chemistry (including serotonin levels) and brain structure (see reviews in Raine et al., 1997; Ellis, 2005;
Fishbein, 2001; Ellis, 1996).
Latent Trait is defined as a stable feature, characteristic, properly, or condition, such as defective
intelligence, impulsive personality, genetic abnormalities, the physical-chemical functioning of the brain and
environmental influences on brain function such as drugs, chemicals and injuries that make some people
delinquency prone over the life course.
Latent theorists such as David Rowe, Wayne Osgood and Alan Nicewander (1990) focus on basic human
behavior and drive such as attachment, aggression, violence and impulsivity-all linked to antisocial behavior patterns.
They recognized that human alone do not produce criminality and that is a combination of environmental factors such
as family life, educational attainment, economic factors, and neighborhood conditions. Physical or mental traits are
therefore, but one part of a large pool of environmental, social and personal factors that account for criminality. Some
people may have a predisposition toward aggression, but environmental stimuli can either suppress or trigger
antisocial acts (Siegel, 2011). One example is when a person has an impulsive personality. This person may
somehow commit crime because he acts in an impulsive manner like when he suddenly draws his gun aiming to his
enemy but unfortunately he hit another person.
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TOPIC 6: FAMILY STUDIES: JUKES AND KALLIKAK FAMILY
JUKES FAMILY
Advocates of the inheritance school, such as Henry H. Goddard (1866-1957), Richard L. Dugdale (1841-
1883), and Arthur H. Estabrook, traced several generations of crime-prone families (referred to by pseudonyms
such as the “Jukes” and the “Kallikaks”), finding evidence that criminal tendencies were bases on genetics. Their
conclusion: traits deemed socially inferior could be passed down from generation to generation through inheritance
(Siegel, 2011).
According to the story told Richard Louis Dugdale in his books, “The Jukes”: A Study in Crime Pauperism,
Disease and Heredity and Further Studies of Criminals, stated the origin of the stock of the “Jukes”, there was hunter,
a fisher, a hard drinker, and a jolly- man named Max who was also a descendant of the Dutchess settler. Two of
Max’s sons married two out of the six Jukes sisters. The whereabouts of the sixth sister is nowhere to be found. Of
the five that are known as “Margaret, the mother of criminals”. Ada Juke had one bastard son, who is the
progenitor of the distinctively criminal line.
Dugdale as cited in Adler (2010) found out that among the thousands of the Jukes descendants, there were
280 paupers, 60 thieves, 7 murderers, 40 other criminals, and the other 40% of the sons have venereal diseases.
With that, Dugdale (1841-1883) made some tentative inductions based on his study of the Jukes family line when it
comes to committing crime:
1. The burden of crime is found in the illegitimate lines;
2. The legitimate lines marry into a crime;
3. The eldest child has a tendency to be the criminal of the family;
4. Crime chiefly follows the male line; and
5. The longest lines of crime are along the line of the eldest.
Arthur H. Estrabook working out of the Eugenics Record Office at Cold Spring Harbor, New York gave a
picture of the Juke in 1915, almost forty years after Dugdale. Estrabook says that they have the “same” traits of
feeble mindedness, indolence, dishonesty and licentiousness. He says this is because wherever they go they tend to
marry persons like themselves. When they marry into better families they show stronger restraint (Foxe, 1945)
KALLIKAK FAMILY
Dr. Henry H. Goddard (1866-1957), a prominent American psychologist together with Elizabeth S. Kite
conducted a study entitled the “Kallikak Family: A Study in the Heredity of Feeblemindedness, “ wherein they traced
the family tree of revolutionary war soldier with the “pseudonym Martin Kallikak, Sr.” The former had an illegitimate
son named as Martin Kallikak Jr. From Martin Kallikak, Jr. have come 480 descendants: 143 were or are feeble-
minded, while only 46 have been found normal. The rest are unknown or doubtful. Among these 480 descendants,
36 have been illegitimate. There have been 33 sexually immoral persons, mostly prostitutes. There have been 24
confirmed alcoholics, 3 epileptics, 82 died in infancy, 3 criminals, and 8 kept houses of ill fame. These people have
married into other families, generally of about the same type, so that we now have on record or charted eleven
hundred and forty six individuals. Of this large group, Goddard have discovered that 262 were feeble-minded, while
197 are considered normal, the remaining 581 being still undetermined (Goddard, 1916). Kallikak, Jr. is the great –
great grandfather of Deborah, an 8 year old girl who was interviewed by Goddard. Deborah gained admission at the
Training School at Vineland because she did not do well at school and might possibly be feeble-minded.
Somatotyping is a theory which associates body physique to behavior and criminality; it began with the work
of German psychiatrist neurologist, psychopathologist, Ernst Kretschmer (1888-1964) who constituted three
principle types of body physiques:
1. The asthenic –lean , slightly built, narrow shoulders;
2. The athletic-medium to tall, strong, muscular, coarse bones; and
3. Pyknic-medium, height, rounded figure, massive neck and broad face (Adler et al., 2010)
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Since Kretschmer was a psychiatrist, he related these body shapes to various psychiatric disorders:
pyknics to manic depression.
Manic depression according to Merriam-Webster’s Dictionary refers to any of several psychological
disorders of mood characterized usually by alternating episodes of depression and mania. It is also known as bipolar
disorder. On the other hand, he related asthenic and athletic to schizophrenia. Schizophrenia is a mental disorder
that is characterized by disturbances in thought (such as delusions), perception (such as hallucinations), and
behavior (such as disorganized speech or catatonic behavior), by a loss of emotional responsiveness and extreme
apathy, and by noticeable deterioration in the level of functioning in everyday life. It is also called dementia praecox
(Merriam-Webster’s Dictionary).
ERNEST A. HOOTON
He examined the relationship between personality and physical type with regards to criminal behavior.
Hooton (1887-1954), AN American physical anthropologist believed in Cesare Lombroso’s theory of the born
criminal, according to which criminals could be identified based on their physical characteristics. Through his own
research surveying American criminals, Hooton tried to find evidence supporting Lombroso’s theory suggesting that
criminals have inferior characteristics compared to people who do not commit crimes. He classified those
characteristics into sociological, psychological, physical, morphological, and pathological areas. According to Hooton:
• Criminals are less often married and more often divorced
• Criminals often have tattoos
• Criminals have thinner beards and body hair, and their hair is more often reddish-brown and
straight.
• Criminals often have blue-gray or mixed colored eyes, and less often dark or blue eyes.
• Criminals have low sloping foreheads, high nasal bridges, and thin lips.
• Criminal’s ears often have rolled helix and a perceptible Darwin’s point.
He suggested that human somatotype (body shape and physique) can even determine which type a crime a
person will commit:
Since he believed that biological predispositions determine deviant behavior, Hooton advocated the removal
of criminals from society, seeing no hope in their rehabilitation.
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TOPIC 8: PHYSIOGNOMY
The term physiognomy comes from the Greek words physis, meaning “nature,” and gnomon, meaning “to
judge or to interpret.” It refers to the evaluation of a person’s personality or character (i.e., his or her nature) through
an examination of that person’s outward appearance. Early physiognomy concentrated on characteristics of the face
through which to judge the person’s nature. Aristotle, a Greek philosopher who lived from 384 to 322 BCE, was a
proponent of physiognomy, as were many other ancient Greeks. The practice flourished in many areas of the world
and was taught in universities throughout England until it was banned by Henry VIII in 1531.
The publication of On Physiognomy in 1586 by Italian scholar Giambattista della Porta once again brought
renewed focus to this belief and practice of the ancient Greeks. Della Porta, often considered the first criminologist,
examined patients during his medical practice and concluded that appearance and character were related. He
approached the study of this relationship from a magico– spiritualistic metaphysical perspective instead of a scientific
one, classifying humans on the basis of their resemblance to animals. For example, men who look like donkeys are
similar to donkeys in their laziness and stupidity; men who resemble pigs behave like pigs.
Della Porta’s ideas were extremely influential to Johann Kaspar Lavater, a Swiss pastor who published his
painstakingly detailed study of facial fragments in 1783. He concluded that one could determine criminal behavior
through an examination of a person’s eyes, ears, nose, chin, and facial shape.
TOPIC 9 : PHRENOLOGY
Phrenology, from the Greek words phren, meaning “mind,” and logos, meaning “knowledge,” is based on
the belief that human behavior originated in the brain. This was a major departure from earlier beliefs that focused on
the four humors as the source of emotions and behaviors: (1) sanguine (blood), seated in the liver and associated
with courage and love; (2) choleric (yellow bile), seated in the gall bladder and associated with anger and bad
temper; (3) melancholic (black bile), seated in the spleen and associated with depression, sadness, and irritability;
and (4) phlegmatic (phlegm), seated in the brain and lungs and associated with calmness and lack of excitability.
Theoretically and practically relocating responsibility for behavior from various organs to the brain represented a
major step in the development of the scientific study of behavior and in the development of biological explanations of
crime and criminality.
Around 1800, Franz Joseph Gall, a German neuroanatomist and physiologist who pioneered study of the
human brain as the source of mental faculties, developed the practice of cranioscopy, a technique by which to infer
behaviors and characteristics from external examination of the skull (cranium). According to Gall, a person’s
strengths, weaknesses, morals, proclivities, character, and personality could be determined by physical
characteristics of his or her skull.
Gall mapped out the location of 27 “brain organs” on the human skull. A bump or depression in a particular
area of the skull would indicate a strength or weakness in that particular area. For example, several areas of Gall’s
map of the skull were believed to correspond to that person’s tendencies to engage in criminal or deviant acts. One
area corresponded to the tendency to commit murder; another area corresponded to the tendency to steal. Although
not widely accepted in Europe, the English elite (and others) used Gall’s ideas to justify the oppression of individuals
whose skulls had bumps or depressions in the wrong areas. The practice also was widely accepted in America
between 1820 and 1850. Although crude, and somewhat ridiculous by today’s standards, Gall’s efforts had significant
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impact on subsequent research that attempted to identify the brain as the origin of behavior. Although similar to
physiognomy in that it tried to make inferences about character and behavior from outward characteristics,
cranioscopy attempted to correlate those outward physical characteristics to internal physical characteristics (i.e.,
brain shape), which was a significant advance.
Spurzheim, a German physician and student of Gall’s, actually coined the term phrenology to replace
cranioscopy. Spurzheim also expanded the map of the brain organs, developed a hierarchical system of the organs,
and created a model “phrenology bust” that depicted the location of the brain organs.
While the German scientists were focusing attention on the brain as an important determinant of individual
behavior, various other scholars were theorizing about the development of man as a biological organism; about the
nature of social and political organizations; and about the place of man, as an individual, within those organizations.
The synthesis of these ideas would significantly advance the progress of research related to biological perspectives
of behavior.
Nature Theory holds that low intelligence is genetically determined and inherited. This was supported by
Henry H. Goddard in his studies in 1920 that many institutionalized people were what he considered “feebleminded”
and concluded that atleast half of all juvenile delinquents were mentally defectives. In similar vein, William Healy and
Augusta Bronner tested a group of delinquents in Chicago and Boston and they found out that 37 percent were
subnormal in intelligence. Bronner and Healy concluded that delinquent boys were 5 to 10 times more likely to be
mentally deficient than dutiful boys. Thus, many criminologists agreed the predisposition of substandard individuals
toward delinquency (Siegel et al., 2007).
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LESSON IV
DETERMINING THE CLASSICAL THEORIES OF CRIME
CAUSATION
TOPICS
1. Rational Choice Theory
2. Routine Activity Theory
3. Lifestyle Theory
4. General Deterrence and Specific Deterrence Theory
5. Victim Precipitation Theory
6. Incapacitation Theory
LEARNING OUTCOMES:
In criminology, the Classical School refers to the 18th-century work during the Enlightenment by
the utilitarian and social-contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the
system of criminal justice and penology and indirectly, through the proposition that "man is a calculating animal", in
the causes of criminal behavior. The Classical School of thought was premised on the idea that people have free
will in making decisions, and that punishment can be a deterrent for crime, so long as the punishment is proportional,
fits the crime, and is carried out promptly.
Rational choice theory (RCT) likely finds its modern home in an article written by the Nobel-Prize-winning
economist Gary Becker (1968). The position of RCT is that criminal behavior is no different from noncriminal behavior
in that it is conduct that persons intentionally choose to undertake (i.e., they are not compelled or forced to do crime),
and the reason that they choose to commit crime is that they think it will be more rewarding and less costly for them
than noncriminal behavior.
There are many theories about what causes people to begin to commit, continue to commit, and desist from
committing crimes (Kubrin, Stucky, & Krohn, 2009). Some of these theories assert that crime is due to a collection of
personality traits that incline a person to commit crimes (Wilson & Herrnstein, 1985); some scholars argue that crime
occurs when people are led by their culture to want something, such as monetary success, but are denied access to
the means to achieve these things (Agnew, 1992); and still others claim that crime occurs when people get socialized
into cultures, subcultures, or groups that either actively promote or at least openly tolerate criminal behavior (Nisbett
& Cohen, 1996). A deterrence, or rational choice theory of crime (let’s call it RCT), is none of these things, and
because deterrence theory can be considered a subtype of RCT, this research paper’s discussion will mostly focus
on the latter.
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Deterrence can be thought of as a subtype of RCT because
they share a great deal of common conceptual ground, with RCT being a more general theory than deterrence.
Deterrence theory argues that criminal acts are inhibited or deterred because of the punishment that can be
associated with crime (Andenaes, 1974; Zimring & Hawkins, 1973). For example, when someone thinks about
committing a crime but refrains from doing so because he fears that he might get arrested, that person is said to be
deterred by the fear of a sanction or penalty, in this case, an arrest. This is an example of general deterrence.
General deterrence occurs when someone who has not yet been punished refrains from committing a crime
because of the punishment he or she may receive should he or she get caught (Andenaes, 1974). In this case, what
deters the would-be offender from committing crime is the fear of a formal or legal punishment. When someone just
released from prison contemplates committing another crime but refrains from doing so because she fears going
back to prison if she is arrested and convicted, she too is said to be deterred by the fear of a sanction; in this case,
the sanction is imprisonment, which is another form of formal or legal punishment. This is an example of what is
called specific deterrence (Andenaes, 1974).
Specific deterrence occurs when a person who has just been punished refrains from committing a crime
because he or she fears another dose of punishment. In general deterrence, it is the threat of legal punishment that
inhibits criminal offending among people who have not yet been punished, whereas in specific deterrence the
inhibiting factor among those who have been punished is the threat of being punished again. Notice that any penalty,
such as imprisonment, can act as both a general deterrent when it leads the public to conform because of the threat
of prison should they commit a crime and as a specific deterrent when it deters an inmate just released from prison
from committing another crime.
Deterrence theory was originally developed in the 18th century by the legal/moral philosophers Jeremy
Bentham and Cesare Beccaria, who conceived of it in terms of the threat of formal legal punishment—the sanctions
or penalties that are applied by a state or some legal authority. Within the past 25 years, however, deterrence theory
has been expanded to also include nonlegal types of sanction threats, such as the threat of social censure by others
should one commit crime (i.e., the fear of embarrassment) or the threat of self-imposed punishment with feelings of
guilt and shame (Anderson, Chiricos, & Waldo, 1977; Grasmick & Bursik 1990; Grasmick, Bursik, & Arneklev, 1993).
If I refrain from committing crime because I think that others close to me will disapprove and reject me, and that fear
keeps me from committing crimes, then I am deterred, but by informal sanction threats, not by formal sanction
threats. Modern deterrence theory now considers formal (legal punishments, e.g., arrest, conviction, imprisonment)
and informal (social or self-censure) sanction threats as part of the theory.
Rational choice theory is much more broad and general than deterrence theory because it includes many
other factors besides the risk of formal and informal sanctions. The theories are alike, however, in the assumption
that human beings are rational and self-interested beings who are affected by the consequences of their
actions. Rational choice theory (RCT) likely finds its modern home in an article written by the Nobel-Prize-winning
economist Gary Becker (1968). The position of RCT is that criminal behavior is no different from noncriminal behavior
in that it is conduct that persons intentionally choose to undertake (i.e., they are not compelled or forced to do crime),
and the reason that they choose to commit crime is that they think it will be more rewarding and less costly for them
than noncriminal behavior. Let us break this last statement down carefully. RCT takes the position that offenders are
not compelled to commit crime because of some extraordinary motivation: Offenders do not have different
personalities than nonoffenders; neither were they socialized into a criminal belief or cultural system whose norms
require crime (Cornish & Clarke, 1986; Kubrin et al., 2009).
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In RCT, criminal offenders are actually no different than noncriminal offenders. Both willingly choose their
own behaviors, and both choose those behaviors on the basis of a rational consideration of the costs and benefits of
the intended action. The rational choice offender, then, is rational and self-interested and chooses to commit crime
on the basis of his assessment that it will be rewarding or profitable or satisfy some need better than a noncriminal
behavior. This last sentence contains a great deal of complexity and subtlety, so let us explore it in some detail.
This theory was created by Lawrence E. Cohen and Marcus K. Felson, based on their 1979 publication on
their seminal article “Social Change and Crime Rate Trends: A Routine Activity Approach.” They viewed that crime is
a “normal” function of the routine activities of modern living, that is, offenses can be expected if there is a motivated
offender and a suitable target that is not protected by capable guardians (Siegel et al., 2007)
Sometimes referred to as lifestyle has been proven to be one of the more useful theories for
understanding criminal victimization and offending patterns in the 20th and early 21st centuries. This
theoretical explanation is primarily focused on providing information regarding who is more or less
likely to be a crime victim.
Most useful and makes important contributions to social policy and by predicting conditions under
the victimization risks are enhanced and identifying patterns of social events associated with
criminal incidents (Cohen and Felson, 2010).
MOTIVATED
OFFENDERS
Unemployed
LACK OF CAPABLE Teenage Boys
GUARDIANS SUITABLE TARGETS
Gang Member
Police Officers Unlocked Homes
Home owners Expensive cars
Security Systems Easily Transported
Parents Goods
It was developed by Michael R. Gottfredson, Michael Hindelang, and James Garofalo in 1976.
Lifestyle theory holds that crime is a developmental process guided by an ongoing interaction between three
variables (incentive, opportunity, and choice). During each phase of the criminal lifestyle (initiation, transition,
maintenance, burnout/maturity), incentive, opportunity, and choice take on different values and meanings.
Existential fear serves as the incentive for the initiation phase of a criminal lifestyle. Once initiated, the incentive
for continued lifestyle involvement becomes a fear of losing out on the benefits of crime. By the time the individual
enters the third (maintenance) phase of a criminal lifestyle, incentive has changed once again, this time to a fear
of change. With the advent of the burnout/maturity phase of the criminal lifestyle, incentive has changed yet again,
this time to a fear of death, disability, or incarceration. Comparable transformations take place in opportunity and
choice.
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For example:
1. Someone with a gambling or substance addiction could be as an “easy victim” by a con artist.
2. Walking alone at night in a dangerous area, conspicuously wearing expensive jewelry, leaving doors
unlocked and associating with known criminals are other lifestyle characteristics that may lead to victimization.
Specific deterrence is a type of punishment that is meant to discourage future criminal behavior in a person
being charged with a crime. For example, specific deterrence is used to prevent an offender from committing the
same crime in the future. Punishments associated with specific deterrence may include fines, prison sentences, or
both, and the severity of the punishment typically determines the effectiveness of the deterrence. To explore this
concept, consider the following specific deterrence definition.
Noun
A punishment aimed at preventing an offender from engaging in criminal behavior again in the future.
Origin
1860-1865
What is Deterrence?
Deterrence refers to the act of discouraging people from engaging in criminal behavior. This is typically
done by assigning a suitable punishment for the behavior. While specific deterrence is customized for the individual
who committed a crime in particular, deterrence is intended to sway the general public as a whole from participating
in illicit behavior. Deterrence works to make people think twice about breaking the law.
This is how traffic laws work. When the public is aware that they will receive a ticket or, in some cases,
suspension of their licenses, for not obeying traffic laws, they are more likely to obey the laws and to drive carefully.
The traffic laws in this situation act as a general deterrence to prevent people from engaging in illegal activity while
behind the wheel.
Many times, judges will impose sentences that aim to provide both specific and general deterrence. This
way, not only are they dissuading the offenders before them from breaking the law again, but they are also sending a
message to the general public that this will be their punishment if they choose to commit the same or a similar crime.
Types of Deterrence
There are two main types of deterrence: (1) specific deterrence, and (2) general deterrence. Specific
deterrence is a type of deterrence that is aimed at the specific individual being charged with a crime. General
deterrence is a type of deterrence that is used to discourage the public at large from committing the same crime, or a
similar one, to that which was committed by the person being sentenced.
The objective of deterrence is to make the punishment harsh enough that the public will fear receiving a similar
punishment, and will be dissuaded from engaging in similar criminal behavior in the future.
Retributivism is a form of punishment that differs from deterrence. Instead, retributivism focuses on
handing down a punishment that is appropriate to the crime that was committed.
Specific Deterrence
The idea of specific deterrence is that, if an offender receives a severe punishment for his wrongdoings,
then he will not be tempted to commit a similar crime in the future. For example, specific deterrence dictates that, if
an armed robber receives a harsh sentence of eight years in prison, he will be less likely to commit armed robbery
again when he eventually gets out. However, research has shown that the effectiveness of specific deterrence varies
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on a case-by-case basis. On a related note, the three strikes law is effective as a deterrent in that courts are
permitted to give out harsher sentences to offenders who have been convicted of three or more serious crimes.
General Deterrence
General deterrence focuses more on teaching the general public a lesson, rather than just the individual
being charged with the crime. The idea is that, if the individual is punished harshly, the public will see that harsh
punishment and be dissuaded from engaging in the same or similar activity. A good example of this is the death
penalty. When a criminal is sentenced to death for his crime, such a sentence may dissuade the general public from
committing the same or similar crime.
Retributivism
Retributivism is a legal theory that deals with assigning a punishment to an offender that fits his crime.
Retributivism differs from deterrence in that, while deterrence aims at preventing crime, retributivism is more
concerned about punishing people for the crimes they have already committed. Some punishments can be both
deterrents and retributive. For instance, an armed robber may receive a prison sentence of six to eight years, which
is a sentence that works to deter him from committing a similar crime in the future, and is also an appropriate
punishment to fit the crime.
30
parole system back in 2003, which means that a defendant who receives a life sentence has no possibility of being
released early, save for a rare exception to the rule.
Graham filed a motion in the trial court to challenge the sentence under the Eighth Amendment. However,
the motion was denied after the trial court failed to rule on it within the requisite 60-day timeframe. The First District
Court of Appeal of Florida affirmed the motion’s dismissal, holding that Graham’s sentence was not disproportionate
to the crimes he committed. Further, the court believed that Graham was incapable of being rehabilitated, that
despite having a strong family structure as his support, he rejected the second chance given to him by the trial court
and continued committing crimes “at an escalating pace.”
The U.S. Supreme Court granted certiorari to hear the case and, upon review, reversed the decision of the
First District Court of Appeal of Florida and remanded the case back to the lower court. Said the Court in its decision:
“The State contends that this study’s tally is inaccurate because it does not count juvenile offenders who
were convicted of both a homicide and a nonhomicide offense, even when the offender received a life without parole
sentence for the nonhomicide…This distinction is unpersuasive. Juvenile offenders who committed both homicide
and nonhomicide crimes present a different situation for a sentencing judge than juvenile offenders who committed
no homicide. It is difficult to say that a defendant who receives a life sentence on a nonhomicide offense but who was
at the same time convicted of homicide is not in some sense being punished in part for the homicide when the judge
makes the sentencing determination. The instant case concerns only those juvenile offenders sentenced to life
without parole solely for a nonhomicide offense.”
The Court concluded its decision by saying:
“The Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit
homicide. A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must
provide him or her with some realistic opportunity to obtain release before the end of that term.”
▪ Felony – A crime, often involving violence, regarded as more serious than a misdemeanor. Felony crimes are
usually punishable by imprisonment more than one year.
▪ Misdemeanor – A criminal offense less serious than a felony.
▪ Writ of Certiorari – An order issued by a higher court demanding a lower court forward all records of a specific
case for review.
This theory viewed that some people may actually initiate the confrontation that eventually leads to their injury
or death. It was first presented by Hans Von Hentig (1941) and applies only to violent victimization. Its basic premise
is that by acting in certain provocative ways, some individuals initiate a chain of events that leads to their death
(Walsh, 2012).
Example: A wife who was able to kill her husband because he kept on beating her every time he got drunk.
The husband became a victim in this case since the perpetrator (the wife) just acted on self-defense. The concept of
victim offender interaction can be classified either passive or active precipitation (Walsh, 2012).
Active Precipitation- occurs when the victims act provocatively, use threats or fighting words, or even attacks the
offenders first (Siegel, 2012).
Example: A person shouts and utters profane language at his enemy, however the latter has a knife and
thus he stabs the former to death.
Passive Precipitation- occurs when the victim exhibits some personal characteristics that unknowingly either
threatens or encourages the attacker (Siegel, 2012).
Example: Bee who has all tattoos all around his body maybe a threat to somebody especially if Bee is
already drunk. Even though he did nothing wrong, the other person got threatened may attack him leading either to
his injury or immediate death.
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LESSON 6: INCAPACITATION THEORY
Proponents of the incapacitation theory of punishment advocate that offenders should be prevented from
committing further crimes either by their (temporary or permanent) removal from society or by some other method
that restricts their physical ability to reoffend in some other way. Incarceration is the most common method of
incapacitating offenders; however, other, more severe, forms such as capital punishment are also used.
The overall aim of incapacitation is to prevent the most dangerous or prolific offenders from reoffending in
the community. EXPLANATION Incapacitation is a reductivist (or “forward looking”) justification for punishment.
Reductivism is underpinned by the theory of moral reasoning known as utilitarianism, which maintains that an act is
defensible and reasonable if its overall consequences are beneficial to the greatest number of people. Thus, the pain
or suffering imposed on an offender through punishment is justified if it reduces or prevents the further harm that
would have been caused to the rest of society by the future crimes of that offender. The concern here is with the
victim, or potential victim. The rights of the offender merit little consideration. Incapacitation has long been a
significant strategy of punishment. For example, in Britain during the 18th and 19th centuries, convicted offenders
were often transported to Australia and the Americas.
In the 21st century, the physical removal of offenders from society remains the primary method of
incapacitation in most contemporary penal systems. This usually takes the form of imprisonment, although other
methods of incapacitation are in operation. The most severe and permanent form of incapacitation is capital
punishment. Capital punishment is often justified through the concept of deterrence, but whether the death sentence
actually deters potential offenders is highly contested. What is indisputable is that once put to death an individual is
incapable of committing further offenses. Capital punishment is therefore undeniably “effective” in terms of its
incapacitative function. Other types of severe or permanent incapacitative punishments include dismemberment,
which is practiced in various forms. For example, the physical or chemical castration of sex offenders has been used
in some Western countries, notably North America. Less severe forms of incapacitation are often concerned with
restricting rather than completely disabling offenders from reoffending. These include sentences such as
disqualification from driving or curfews. In the United Kingdom, attendance center orders are used for individuals
under the age of 21. Their aim is to restrict the leisure time of offenders by requiring them to attend a center in order
to engage in some form of activity for a specified number of hours. However, as mentioned above, the primary
method of incapacitation is imprisonment.
As with capital punishment, incapacitation in the form of imprisonment is considered to be a strategy that
“works” because, for the duration of their prison sentence, offenders are restricted from committing crimes within the
community. So, according to this theory, punishment is not concerned with the nature of the offender, as is the case
with rehabilitation, or with the nature of the offense, as is the case with retribution. Rather, punishment is justified by
the risk individuals are believed to pose to society in the future. As a result, individuals can be punished for
“hypothetical” crimes. In other words, they can be incarcerated, not for crimes they have actually committed but for
crimes it is anticipated or assumed they will commit.
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LESSON V
CAREER MANAGEMENT PROGRAM
TOPICS
Career Management Program
1. Scope of the Program and General Provisions
2. Continuing Education program
LEARNING OUTCOMES:
At the end of the lesson, the students must be able to determine the general and
specific objectives of career management program.
The institutionalization of a career management program for PNP uniformed personnel is envisioned
to promote its professional competence and the development of management and leadership qualities and
skills compatible with the dynamic role of public safety social defense in national security, stability and
development.
40
i. The number and skills of PNP officers to be developed are determined by organizational
requirements. As requirements change, the numbers and skills of PNP officers to be
developed shall be adjusted accordingly.
ii. Career management program shall be undertaken through the following schemes.
iii. Those who are relieved for cause due to administrative/criminal cases, inefficiency, unsatisfactory
performance, abusive conduct and other acts that are inimical to the service shall not be included.
iv. Career management program shall be conducted in five (5) phases corresponding to typical duty
assignment that can be expected during each phase, and progression of education and training
opportunities. Each phase of career management program has certain broad goals in accordance
with the generalist concept. These phase should be considered as flexible, as the actual course of
an officer’s career management and utilization will be influenced by the organizational
requirements and the officer’s own capabilities and performance. These phases and their specific
goals as follows:
a ) Career Entry Phase
b.) Junior Intermediate Management Phase
c.) Senior Intermediate Management Phase
d.) Junior Executive Management Phase
e.) Senior Executive Management
B. OPERATING PRINCIPLES
(1) The Chief PNP shall oversee the efficient and effective implementation of the career management
program.
(2) The PNP, through the Director, Directorate for Personnel and Records Management (DPRM),
shall establish a comprehensive program cycle aimed at providing a strong foundation upon which the
strength and potential of every non-officer are developed and properly managed.
(3) Directors, Administrative and Operational Support Units, Regional Directors, and Chief, Support
Office Units shall maintain a priority listing their own police personnel who shall undergo any training and all
programmed career service schooling as may be prescribed by the NHQ, PNP.
(4) The number and skills of PNP non-officers to be develop are determined by the organizational
requirements. As requirements change, the number and skills PNP non-officers to be developed are adjusted
accordingly.
(5) The PNP non-officer career management program shall be undertaken through the following
scheme:
Those who are relieved for cause due to administrative criminal cases, inefficiency,
unsatisfactory performance, abusive conduct and other acts that are inimical to the service
are not included and shall be treated in accordance with prescribed policies of the PNP.
B. OPERATING PRINCIPLES
(1) Assignment Rotation
All non-officers shall be rotated in duty assignment after attaining a maximum of five (5) years in any
particular command, district or station.
(2) Mandatory Educational Profile
(3) Mandatory Career Training
(4) Mandatory Requirements for Promotion
41
There shall be qualifying test for every rank upon which a non-officer which a non-officer shall be
promoted.
(5) Retirement
Retirement of non-officer shall be in accordance with R.A 6975, as amended R.A 8551.
Continuing education generally refers to any post-secondary learning or programs that adults pursue
after formal education. This can vary from seminars or one-time classes to online courses and entire degree
programs.
Some professions require continuing education in a variety of ways. Some of these requirements
come in the form of yearly classes or tests to keep you up on changes in your industry.
Other professions require continuing education in the form of advanced degrees, which prepare you
for new responsibilities and opportunities.
Still other professions require attendance at conferences or lectures to help employees learn from
other experts in their field.
Why is continuing education important?
The National Police Training Institute (NPTI) has played a major role in the training of our country's
policemen. Its long history can be traced from the year 1905, four years after the Americans formally
established the Philippine Constabulary for the purpose of enforcing the law and maintaining peace and
order. The present PNTI evolved from the merger of the defunct Philippine Constabulary Training Command
in Camp General Mariano N Castaneda, Silang, Cavite and the Integrated National Police Training Command
in Camp General Vicente P. Lim at Calamba City in Laguna. These two training schools were responsible for
the training and education of the PC and INP personnel, respectively. Their integration gave birth to one
organizational structure known as PC/INP Training Command that conformed with the pressing need for a
cohesively organized, better coordinated and better directed service facility for the education and training of
members of the PC/INP.
With the passage on December 13, 1990 of Republic Act 6975 creating the Philippine National Police
under a reorganized Department of the Interior and Local Government, the PC/INP Training Command was
renamed PNP Training Command and became a primary component of the Philippine Public Safety College
(PPSC). PPSC was created to assume overall responsibility for the training, human resource development
and continuing education of all personnel of the Philippine National Police, Bureau of Fire Protection, and
Bureau of Jail Management and Penology. Subsequently, the PNP Training Command was renamed
Philippine National Police Training Center to Police Training Center, and later on, Police National Training
Institute as it is known today
Training Programs conducted at the seventeen (17) Regional Training Schools nationwide
It is a 24-week intensive and progressive training designed for newly-apponted police non-
commissioned officers to provide newly them with the basic knowledge and skills in police science,
administration, combat operation and tactics and for them to acquire the norms of conduct required in the
performance of their jobs as guardians of peace and protectors of lives and properties.
42
A 12-week course designed to provide junior PNCOs with the fundamental knowledge and skills
necessary for effective and efficient handling of junior key positions in the PNP units.
A 12-week course designed to provide senior PNCOs with requisite knowledge and skills on general
functional areas of unit administration, management and leadership.
A 14-week course designed to equip the junior non-commissioned officers of PNP with the
fundamental knowledge, skills and proper attitude required for team-building assignments.
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LESSON VI
ATTRITION SYSTEM
TOPICS
1. Means/Modes of attrition
2. Creation and Composition of Attrition Screening Committee/Board
3. Functions and Jurisdiction of Attrition Screening Committee/Board
4. Attrition Proceedings
LEARNING OUTCOMES:
At the end of the lesson, the students must be able to identify the policy and work and
function of attrition screening board.
Pursuant to Sections 24,25,26,27,28,29 and 30 of Republic Act No. 8551, otherwise known as the
“Philippine National Police Reform and Reorganization Act of 1998,” the following policies, procedures and
guidelines governing the attrition of uniformed personnel of the PNP are hereby issued for the guidance of
all concerned
SECTION1. PURPOSE AND SCOPE- This Memorandum Circular prescribes the policies,
procedures and guidelines that shall govern the implementation of the Attrition System of the Uniformed
Personnel of the PNP thus, contributing to the transformation of the PNP into a more capable, effective and
credible police force.
The circular shall be applicable to all PNP uniformed personnel who may be retired or separated
from the service under the different means of attrition provided under Section 24 to 29 of RA No. 8551
SECTION2. DEFINITION OF TERMS- To ensure clarity and consistency, the following terms, as use
in this Circular, shall be construed as:
Attrition- refers to the retirement or separation from the police service of PNP Uniformed
Personnel pursuant to any of the means mentioned in Sections 24 to 29 of R.A. No. 8551
and other means as provided under this circular.
Attrition Action-refers to the action containing the findings and evidence on a specific mean
of attrition filed by a particular Screening Committee before the concerned Attrition Board.
Demotion in Position- refers to the designation of a personnel to a position lower than what
is established for his/her rank or not commensurate to his/her rank in the PNP table of
organization
Field Training Program-refers to the training required to make the temporary appointment of
a new PNP member permanent.
Immediate Supervisor-refers to a person authorized to make the performance evaluation
rating of a PNP member.
Just Cause-refers to the legal grounds that would warrant the relief or removal of a PNP
member from his present position and designation in the PNP Organization.
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Mandatory Career Courses-refers to the required training for a PNP member to be eligible
for promotion to the next higher rank.
MaximumTenure in Position- refers to the maximum cumulative period for a PNP member
to hold a particular position level.
Mental Incapacity- refers to a condition where a PNP member is unable to exercise his/her
reasoning faculties or incapable of understanding and acting with discernment his/her duties
and responsibilities as a result of illness or injury as may be determined by the PNP Medical
Screening Committee.
Non- Promotion- refers to the non-advancement to the next higher rank or position beyond
th maximum prescribed period.
Organic Personnel to a Unit- refers to a PNP member assigned to a particular unit covered
with appropriate PNP Assignment Orders.
Original Appointment- refers to the appointment for the initial entry of PNP member to the
PNP service who meets all the requirements of the position
Party- refers to the Chairman of the Screening Committee or the respondent.
Pendency of an Attrition Action- refers to the stage when the endorsement of the PRO
Regional Director or the NSU Director of a PCO Attrition Action has been officially received
by the concerned NHQ PCO Attrition Board through the NHQ Screening Committee or when
the NHQ/PRO/NSU Screening Committee Report of a PNCO Attrition Action has been
officially received by the NHQ/PRO/NSU Attrition Board.
Personnel Action on Attrition- refers to an action filed before the Screening Committee based
on a verified statement of alleged means of attrition by an initiating person.
Physical Fitness Test- refers to the method of evaluating the physical condition of PNP
members in terms of stamina, strength, speed, and agility.
Physical Incapacity- refers to the inability of a PNP member to perform his/her duties and
responsibilities due to physical defect/s as a result of disease or injury as may be determined
by the PNP Medical Screening Committee.
Poor Performance-refers to the poor rating in the promulgated PNP Performance Evaluation
Rating System.
Respondents- refers to the PNP member subjected to attrition proceedings.
Retirement- refers to the termination of employment and official relations of a PNP member
who rendered at least twenty (20) years of active service in the government with payment of
corresponding benefits.
Second level PCO Ranks- refers to Police Commissioned Officers (PCO) below the third
level ranks in the PNP.
Second Level PNCO Ranks- refers to all ranks for Police Non-Commissioned Officers
(PNCO)
Separation-refers to the termination of employment and official relations of a PNP member
who rendered less than twenty (20) years of active service in the government with payment
of corresponding benefits.
Third Level PNCO ranks- refers to Commissioned Police Officers (PCO) with the rank of
Police Senior Superintendent and higher.
Total Permanent Physical Disability-refers to any impairment of the body which renders PNP
member indefinitely incapable of substantially performing the mandated duties and functions
of his position.
Waiver Program- refers to the waiver of the minimum age, height, weight, and educational
requirement for the initial appointment to the Philippine National Police pursuant to existing
laws and policies on this matter.
SECTION3. MEANS OF ATTRITION-the following are the means of attrition as provided under
Section 24 to 29 of RA 8551, including other grounds for attrition as deemed necessary by the Commission:
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Provincial Director
Other positions higher than Provincial Director shall have the maximum tenure of six (6)
years. Unless earlier separated, retired or promoted to a higher position in accordance with
the PNP Staffing Pattern, police officers holding the above-mentioned positions shall be
compulsory retired at the maximum tenure in position herein prescribed or at age fifty-six
(56), whichever is earlier. The term “position higher than provincial director” refers to other
star rank positions with a maximum cumulative tenure of six (6) years.
A Police Commissioned Officer shall be subjected to attrition proceedings in the following
elements concur.
• The PCO designated to the position specified above has reached the maximum
cumulative period prescribed therein; and
• He/she refuses to accept a position, under a different category commensurate to
his/her rank despite existence of such vacancy,
The reckoning point of the tenure is as provided for under Section 25, RA No. 8551.
2) ATTRITION BY RELIEF
A PNP member, who have been relieved for just cause and have not been given an assignment
within TWO (2) YEARS after such relief shall be retired or separated.
To warrant attrition, the following elements must concur:
A. The relief is for a just cause;
B. The PNP member has not been given any assignment within two (2) years from his/her relief
and there are available positions commensurate to his/her rank; and
C. The non- assignment for a continuous period of two (2) years is due to a valid reasons and/or
reasons attributable to him/her , or his/her refusal to accept any position commensurate to his/her
rank.
The 2-year period provided under Section 26, RA No. 8551 shall be counted from the effective date
of relief for a cause. However, if the PNP member concerned has not been assigned to a position
commensurate to his/her rank prior to the issuance of this Circular, he or she, as the case may be, could no
longer be subjected to attrition proceedings regardless of the length of the intervening period before he/she
was given a new assignment
3) ATTRITION BY DEMOTION IN POSITION OR RANK
A PNP member who is relieved and assigned to a position lower than what is established for his/her
rank in the PNP Staffing Pattern and who shall not be assigned to a position commensurate to such
rank despite the existence of a vacancy within eighteen (18) months after his/her demotion in position
shall be retired or separated.
To warrant attrition, the following elements must concur:
A PNP member is relieved and assigned to a position lower than what is established for
his/her rank.
His/her designation to such lower position is attributed to him/her.
There exists a positional vacancy for the rank during eighteen (18) months reckoned after
his/her demotion in position.
A PNP member who is promoted in rank but occupying a position lower than what is called for by
his/her present rank within three (3) months, despite availability of commensurate, shall be attrited.
To warrant Attrition, the following elements must concur:
1. A PNP member is promoted in rank;
2. Said PNP member is occupying a position not commensurate to his/her present rank; and
3. He/she refuses to relinquish said position within three (3) months from his/her promotion in
rank despite availability of commensurate positions.
4) ATTRITION BY NON-PROMOTION
• those who have not been promoted for a continuous period of TEN (10) YEARS shall be retired or
separated
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1. A PNP member has not been promoted in rank for a continuous period of ten (10)
years and there are existing vacancies for regular promotions.
2. Non-promotion in rank is due to the failure of the PNP member concerned to satisfy
the minimum qualification standards and/or comply with other requirements for
promotion to the next higher rank;
3. The PNP member was not promoted in rank even if he/she is within the zone of
consideration based on SLL and his/her non-inclusion in the promotion list is due to
reasons attributable to himself/herself.
The ten (10)-year period as provided for under Section 28, R.A. No. 8551 shall be reckoned
from the effectivity date of Rules and Regulations Implementing R.A. No. 8551.
a. Inefficiency based on poor performance during the last two (2) successive annual rating
periods.
To warrant attrition, a PNP member has been rated poor for four (4) successive rating
periods;
b. Inefficiency based on poor performance for three (3) cumulative annual rating periods.
To warrant attrition, PNP member was rated poor for three (3) cumulative annual
ratings.
The reckoning period for attrition falling under (1) inefficiency based on poor performance during the
last two (2) successive annual rating periods, and 92) inefficiency based on poor performance for three (3)
cumulative annual rating periods shall be on January 1, 2008. Accordingly, the implementation of the
Performance Evaluation Rating System shall be given the widest dissemination to all uniformed personnel
nationwide.
There is physical and/or mental incapacity which has been evaluated and certified by
the medical Screening Committee as defined in existing PNP and NAPOLCOM circulars
on this matter.
The mental and physical incapacity renders the PNP member incapable of performing
police functions and duties.
Any PNP member who officially applies for optional retirement or Total Permanent Disability (TPPD)
separation shall not be subject of an attrition proceeding under this means.
The reckoning date is the effectivity of R.A. No. 8551. If the Physical and/or mental incapacity of a
PNP member had long been medically established and he/she is still in the police service upon the effectivity
of this Circular, The medical Screening Committee shall endorse such findings to the concerned Attrition
Board for deliberation.
d. Failure to pass the required entrance examinations twice and/or finish the required career
courses except for justifiable reasons
To warrant attrition for failure to pass the entrance examination, the following elements must
concur:
A PNP member failed to pass twice the entrance examination required for a
mandatory career course; and
Such mandatory course is required for his/her promotion to higher rank.
To warrant attrition for failure to finish the required mandatory career courses, the following
elements must concur:
A PNP member was issued appropriate order to take the required career course;
and
He/she failed to finish the said mandatory career course without justifiable reason
and was not declared graduate by the training institution.
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e. Refusal to take a periodic PNP Physical Fitness Test without justifiable reason.
f. Failure to take PNP Physical Fitness Test for four (4) consecutive periodic tests due to health
reasons.
A schedule of the periodic PNP Physical Fitness Test has been published;
The PNP member failed to take the said test on scheduled date or on the special test
subsequently scheduled;
Failure to take said test is for health reasons as evaluated and certified by the PNP Health
Service; and
A PNP member failed to tale four (4) consecutive periodic PNP Physical Fitness Test du to
health reasons.
g. Failure to pass PNP Physical Fitness test for two (2) consecutive periodic tests of four (4)
cumulative periodic test.
A schedule of the periodic PNP Physical Fitness test has been published;
The PNP member failed to pass the said test on scheduled date or on the special test
subsequently scheduled;
Failure to pass said test as evaluated and certified by DHRDD; and
A PNP member failed to pass two (2) consecutive periodic tests or four (4) cumulative
periodic tests.
h. Non-compliance with the minimum qualification standards for the permanency of original
appointment.
A. CREATION.
1. The following Attrition Boards are hereby created:
a. NHQ 3rd level PCO Attrition Board;
b. NHQ 2nd level PCO Attrition Board;
c. NHQ 2nd level PNCO Attrition Board
d. PRO PNCO Attrition Board; and
e. NSU PNCO Attrition Board
2. The following Attrition Screening Committee are also hereby created:
a. NHQ Attrition Screening Committees;
b. PRO Attrition Screening Committees;
c. NSU Attrition Screening Committees; and
d. NHQ Medical Screening Committee.
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B. COMPOSITION OF ATTRITION BOARD.
1. NHQ 3rd Level PCO Attrition Board
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Executive Officer, DRD Member
Representative, Health Services Member
Representative, Legal Services Member
Command Executive Senior Police Officer Member
Senior Female PCO Representative Head, Secretariat
(SPO4)
2. Attrition Boards.
1. Deliberate on all cases of attrition submitted by the concerned Attrition Screening
Committee in accordance with this Circular;
2. Mark all evidence thru the Board Secretariat;
3. Recommend to the proper authority the retirement separation or retention of PNP member
subjected to attrition proceedings;
4. Act on the motion for reconsideration filed by the concerned party.
E. JURISDICTIONS
The NHQ 3rd level PCO Attrition Board shall have jurisdiction over attrition cases of Police
Commissioned Officers holing the rank of Police Senior Superintendent and above.
The NHQ 2nd level PCO Attrition Board shall have jurisdiction over attrition cases of Police
Commissioned Officers holding the rank of Police Inspector to Police Superintendent.
The NHQ PNCO Attrition Board shall have jurisdiction over attrition cases of Police Non-
Commissioned Officers organic to offices of national Headquarters and all cases referred by
the Medical Screening Committee.
The PRO and NSU PNCO Attrition Board shall have jurisdiction over attrition cases of Police
Non-Commissioned Officers organic to their units.
The NHQ Screening Committee shall have the authority to determine whether a PNP
member organic to offices at the National Headquarters shall be recommended for attrition
proceedings.
The PRO Screening Committee shall have the authority to determine whether a PNP
member to a particular Police Regional Office shall be recommended for attrition
proceedings.
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The NSU Screening Committee shall have the authority to determine whether a PNP
member organic to a particular National Support Unit shall be recommended for attrition
proceedings.
The NHQ Medical Screening Committee shall have the authority to determine whether a
PNP member should be recommended for attrition proceedings due to physical and/or
mental incapacity.
Any civilian who has personal knowledge that a PNP member is a subject for possible attrition due
to mental and/or physical incapacity, may submit a verified report to concerned PNP unit.
3. Where to File- The personnel action on attrition against a PNP member shall be filed before the
concerned Screening Committee thru the concerned Attrition Section as provided in this Circular.
4. Contents of the Personnel Action- The personnel action on attrition shall contain the following:
A. Rank, full name, and office/unit of the respondent;
B. Means of attrition;
C. A narration of pertinent facts and data that will help the Screening Committee in its
deliberation;
D. Rank, full name and designation of the person initiating personnel action; and
E. Verification
b) Evaluation by Screening Committee and Filing of Action before the Attrition Board.
1. Recording of Personnel Action- Upon receipt, all personnel action on attrition for initial
assessment and injury shall be stamped on its face the date and time of its receipt with an
assigned reference number, and shall be recorded in the committee journal exclusively
maintained for that purpose.
2. Initial Assessment and Inquiry- Upon endorsement of the personnel action on attrition to the
concerned Screening Committee, it will conduct an initial assessment, inquiry and other
processes as provided herein and submit to the concerned Attrition Board and its findings and
forward all relevant documents within ten working (10) days from the receipt thereof.
3. Filing Before the Attrition Board:
The attrition action shall be deemed formally filed and pending upon receipt and entry
of the same in the official journal of the board. The Board, tasked to maintain the official
journal of attrition proceedings, shall inform the Directorate for Personnel and Records
Management (DPRM) of the status of all proceeding, as well as the PNP unit where the
respondent is assigned; and
A journal shall be maintained by the said Board and shall contain, among others, the
following data of the proceedings: date and time of receipt from the Screening
Committee, the case number, the name of respondent, the means of attrition he is
subjected to, the date decision was rendered; date the motion for reconsideration was
filed; date the decision became final and certificate of finality was issued; and other
relevant and material data.
The summons shall include the verified statement of personnel action on attrition and evidence
supporting the later action. The summons shall also include an advise that the respondent may avail of his/her
right to counsel.
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2. Convening of the Attrition Board-Within three (3) days upon receipt of the memorandum, the Head
Secretariat shall immediately convene the Attrition Board requiring the personnel appearance of the
respondent.
3. Quorum- A simple majority among the regular members of the Attrition Board shall constitute a quorum
in the proceeding.
4. Memorandum- The memorandum shall be in writing, under oath and must contain material facts,
which may either be a specific denial or affirmation of the allegations in the complaint. It shall be
accompanied by documentary or other evidence, if there be any in support of the defense. It shall also
contain a list of witnesses and their individual addresses, whenever appropriate.
The memorandum shall be filed with the concerned Board, through the Secretariat, in three (3) copies
personally or by registered mail.
Any subsequent memorandum submitted to the Board may be done through registered mail and it
is deemed filed on the date and hour of receipt stamped by the post office on the envelope. Said envelope
shall be kept and made an integral part of the memorandum and records of the case.
5. Effects of Failure to file a memorandum and to Appear- Failure of the respondent to file a
memorandum within the reglementary period shall be considered a waiver of his/her to present
evidence to his/her favour. Failure of the respondent to appear before the concerned attrition board
despite due notice shall be considered a waiver of his/her right to be present and to be heard. In the
latter case, the attrition proceedings may then precede ex-parte.
6. Order of Attrition Proceedings- The order of the attrition proceedings shall be as follows:
a. The Chairman of the concerned Screening Committee shall present its findings on the
personnel on the personnel findings on attrition;
b. The respondents shall then present evidence in support of his non-attritability;
c. The proceeding is generally summary in nature. The presentation of witnesses maybe
allowed only upon the discretion of the Chairman of the Board. Documents presented during
the proceedings maybe examined by the other party. Sworn statement/affidavits of
witnesses after proper identification and affirmation on the truth of the contents thereof, shall
take the place of their oral testimony; and
d. Clarificatory questions maybe allowed, if requested by either party, but shall be confined
strictly to the material and relevant matters in the interest of equality and justice.
7. Postponement- Postponement of the attrition proceedings shall be discourage and shall be allowed
only in highly meritorious cases.
8. Termination of Attrition proceedings- The attrition proceedings shall be terminated within twenty
(20) working days from the date the Board first convened.
9. Submission of Position Papers- The Attrition Board may require the respondent to submit this
position paper within five (5) working days from the date the order to submit position paper is received.
10. Respondent Found Attritable for a Means of Attrition Different from which he was initially
subjected to- A respondent may be attrited under a means different from which he was initially
subjected to: Provided, that the elements of the said different means for which he/she may be attrited
are proven after the respondent has been given the opportunity to contest the same.
11. Final Deliberation- Within two (2) days from the termination of the attrition proceedings or from receipt
of the position paper, if required, the Attrition Board shall meet for final deliberation. The Chairman
shall designate a board member to prepare the board resolution. The designated board member shall
have ten (10) working days to prepare the board resolution.
12. Submission of the Resoulution- The Attrition Board shall submit its resoulution to the appropriate
approving authority. A copy shall likewise be furnished to the respondent. The filing of a Motion for
Reconsideration by any party may be allowed on the following grounds:
a) Newly discovered evidence which, if presented, would materially affect the resolution
rendered; or
b) Errors of law or irregularities have been committed prejudicial to the substantial rights
nd interest of thee movant.
13. Contents of Resolution- The resolution shall contain the full name, rank and assignment of the
respondent; the means of attrition and its elements; a brief statement of the material and relevant facts;
the findings as established during the attrition proceedings based on applicable laws, rules and
regulations, jurisprudence, conclusion; and recommendation.
14. Finality of Decision- the decision of the appropriate approving authority imposed upon a PNP member
shall be final and executor when no Motion for reconsideration or appeal within the period provided under
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this Memorandum Circular. However, the filing of a motion for reconsideration shall stay the
implementation of the Decision;
15. Motion for Reconsideration- the respondent may file a motion for reconsideration from the decision
rendered by the appropriate approving authority within ten (10) days from receipt of a copy of the
decision.
The filing of a motion for reconsideration shall not stay the execution of the decision sought to be
reconsidered.
Only one (1) motion for reconsideration shall be allowed and the same shall be considered and decided
by the disciplinary authority within five (5) days from receipt thereof.
16. Allowable Motion- No motion or pleading shall be allowed except Motion of Dismiss and Motion of
Reconsideration.
17. Appeal- Except for third level PCO’s, the decisions of the Approving Authority may be appealed to the
Commission En Banc and shall be taken by the respondent by filing a notice of appeal with the Approving
Authority within (10) days from receipt of a copy of the decision, copy furnished the concerned Attrition
Board.
18. Notice of Appeal and Memorandum of Appeal- (a) A Notice of Appeal shall be filed in three (3) legible
copies which shall contain the following; (1) the material dates showing that it was filed on time; (2) the
assignment of the specific errors of fact or law, or both allegedly committed by the Approving Authority.
The respondent-appellant shall submit a Memorandum on Appeal in three (3) legible copies not later
than fifteen (15) days from filing of the notice of appeal. However, the memorandum on appeal maybe
submitted upon filing the notice of appeal. Proof that copy of the memorandum on appeal was served to the
Attrition Board must be submitted by the respondents-appellant.
19. Alternative Remedies - Plea for optional retirement or other mode of separation from the police service
by the respondent before the Attrition Board at any stage of the attrition proceedings before the final
board deliberation shall automatically terminate the attrition action.
20. Effect of Death - Death of the respondent during the pendency of the attrition action shall terminate the
proceedings. Barring legal impediments, the personnel concerned shall be posthumously separated or
retired.
21. Records of Proceedings - The entire attrition proceedings shall be recorded and transcribed.
Section 6. Approving Authority - The following are the approving authority for the attrition:
a. The president of the Philippines shall be the approving authority for the attrition of the second level
PCOs.
b. The Chief, PNP shall be the approving authority for the attrition of all second level PCOs and PNCOs
organic to officers at the National Headquarters.
c. The Regional Director shall be the approving authority for the attrition of all PNCOs organic to their
respective PRO.
d. The NSU Director shall be approving authority for the attrition of all PNCOs organic to their respective
NSU.
Section 7. Statement of Policies- In the processing and evaluation of PNP members for attrition, the
following policies shall be observed:
a. The PNP shall maintain a capable, effective, credible and productive workforce. Toward this end, it
shall ensure that all its personnel are qualified and fit, physically, mentally and emotionally, to render
police service.
b. The attrition system pursuant to section 24 to 29 of R.A. No. 8551 shall be implemented as an
organizational tool to promote professionalism, competency and efficiency in the police service. It
shall be implemented with utmost objectivity and impartially, always giving due regards to and
considered of the constitution rights to due process.
c. The DPRM shall institutionalize mechanisms in the implementation of the attrition system such as;
but not limited to monitoring the tenure in the office of police officers occupying the key positions and
granting of retirement/separation benefits.
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d. All attrition proceedings shall be dealt with expeditiously so as not to prejudice the interest of police
service.
e. As a matter of procedure, the head of office/unit, after cognizance of a case, shall be responsible in
referring said case to the concerned Attrition Screening Committee, through proper channels.
f. The individual performance of all PNP members shall be evaluated in accordance with existing
Circular on the matter. All heads of offices/units shall ensure that every PNP member gets a
performance rating he/she deserves.
g. The proceedings of the Screening Committee shall be fact-finding in nature. On the other hand, the
deliberation of the Attrition Boards shall be adjudicatory in character.
h. As provided for in Section 30, R.A No. 8551, a PNP member attrited under this Circular shall be
retired if he/she has at least 20 years of service or shall be separated if he/she has less than 20
years of service and receive pertinent benefits, unless he/she is disqualified by law to receive such
benefits.
i. A PNP member who has been retired or separated from the police service through attrition shall not
be reemployed in the PNP.
j. The retirement or separation of a PNP member from the police service base on attrition shall be
effective upon the date of approval of the decision.
k. The PNP shall include in its annual budget proposal the fund requirement for attrition. In the
meantime, the PNP shall request DBM for supplemental budget starting fiscal year 2007 to support
the funds required to cover the payment of separation/retirement benefits of personnel who will be
attrited from the police service. In case of budgetary constraints, the fiscal procedures being applied
in optional retirement shall be followed.
l. Priority for attrition shall be those with medical cases which have eaten much of the Reimbursement
Hospitalization Expense (RHE) budget of the PNP.
m. In implementing the various means of attrition, the PNP shall start from the highest ranked PCOs to
the lowest ranked PNCOs.
n. The pendency of an attrition action shall be a bar to promotion in rank, placement to any sensitive
and/or key position and personnel movement within and outside the PNP.
o. Any PNP member due for compulsory retirement within one (1) year shall not be subjected for
attrition.
p. An attrition action shall proceed notwithstanding the existence of an administrative case punishable
by dismissal from the service. The grant of attrition benefits shall be held in abeyance and subject to
the decision of the administrative case.
q. PNP members who lack training and/or eligibility shall be given 18 months to obtain the lacking
qualification for promotion after the effectivity of this Circular.
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Section 9. Amending Clause – All issuance contrary to or inconsistent with this Circular are hereby
amended accordingly.
Section 10. Penalty Clause – Any violation of this Circular shall be a ground for administrative sanction in
accordance with existing laws, rules and regulations.
Section 11. Effectivity – This memorandum Circular shall take effect after fifteen (15) days from filing of a
copy hereof at the University of the Philippines Law Center in consonance with Section 3 and 4 of Chapter
2, Book VII of Executive Order No. 292, otherwise known as “The Revised Administrative Code of 1987”, as
amended.
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LESSON VII
RETIREMENT SYSTEM
TOPICS
1. Background of PNP Retirement and Benefits Administration Service (PRBS)
2. Requirements and Procedures for retirement
3. Monthly Retirement and Computation
LEARNING OUTCOMES:
At the end of the lesson, the students must be able to differentiate the types of
retirement system.
Uniformed members of the Philippine National Police (PNP) and their beneficiaries are expressly
granted certain welfare benefits under the provisions of RA No. 4864, as amended by Presidential Decrees
No. 448 and 1184, an. Republic Acts No. 6963, 6975 and 8551, thru a PNP welfare benefits program
administered by the National Police Commission (NAPOLCOM). These benefits are granted after the
compensability of the claim for such welfare benefits are determined and/or established by sufficient proofs
to be service-connected.
The PNP Retirement and Benefits Administration Service (PRBS) was formerly the Benefit and
Pension Administration Division (BPAD), one of the Divisions of the DPRM. It was activated as a National
Administrative Support Unit pursuant to NHQ PNP General Orders No. DPL 09-12 and was formally approved
under NAPOLCOM Resolution No. 2010-202 on August 5, 2010 in accordance to the provision of Section 35
of republic act No. 6975. The PRBS, being a NASU under the functional grouping of the Directorate for
Personnel and Records Management (DPRM) shall serve as a “ one-stopshop” for the concerns of retired
PNP personnel and their beneficiaries. Its core mandate is to administer the retirement , separation, and
death benefits of the PNP Personnel as well as implementation of plans and programs that would uplift the
morale and welfare of the PNP pensioners.
The Service is headed by a Police Chief Superintendent (Police Brigadier General) and assisted by
a Deputy Director with a rank of Police Senior Superintendent (Police Colonel) who serves as a Chief of Staff.
It is composed of four (4) functional Divisions namely;
(a) Retirement Claims and Fund Management Division (RCFMD);
(b) Pension and Gratuity Division (PGD) ;
(c) Legal Investigation and Prosecution Division (LIPD); and (d) Exit Program and Special Project Division
(EPSPD).
Each Division is headed by Police Commissioned Officer with a rank of Police Superintendent
(Police Lieutenant Colonel), except the RCFMD which is headed by non-Uniformed Personnel with Salary
Grade 24. The PRBS has sixteen (16) retirement field units of PNP Regional Retirement and Benefits
Administration Units (PRBUs) headed by a NonUniformed Personnel with a Salary Grade 15 to 18n located
at the different Police Regional Offices (PROs).
FUNCTIONS
1. Formulate and implement policies, plans, and programs to enhance the administration of benefit claims
and general welfare of PNP personnel;
2. Process orders of all retirement and authority entitlement for benefit claims and maintain list of PNP
retirees;
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3. Examine the legality, validity and completeness of all supporting documents attached to claims in line with
the accounting and auditing requirements;
4. Adjudicate and administer benefits, pensions, and other privileges granted to PNP retirees and
dependents/beneficiaries.
5. Coordinate with the Department of Budget and Management (DBM) through the Directorate for
Comptrollership (DC) the release of funds to support retirement gratuities and commutation leave of retired
PNP personnel to facilitate the processing of retirement date;
6. Maintain a list of PNP personnel due for retirement and inform the units/personnel of their retirement date;
7. Maintain PNP retirees information system and responsible for the issuance of PNP Identification Cards for
the retirees and their beneficiaries;
8. Coordinate with the Directorate for Personnel and Records Management (DPRM) the status of projected
retirees one (1) year prior to compulsory/optional or TPPD retirement and in case of Posthumous separation;
9. Attend to health care of PNP retirees;
10. Supervise the implementation of exit programs for PNP retirees such as the conduct of livelihood
training/seminars, job fairs and assistance to other job opportunities.
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REQUIREMENTS FOR 36 MONTHS LUMP SUM CLAIM/1 YEAR GRATUITY CLAIM:
▪ Retirement Order (Compulsory / Optional/TPPD)
▪ Updated Service Record from RMD, DPRM
▪ Directorate for Comptrollership (DC) Clearance
▪ Directorate for Logistics (DL) Clearance
▪ DLOD Clearance
▪ Ombudsman Clearance
▪ NAPOLCOM Clearance
▪ Latest Promotion Order
▪ Statement of Assets and Liabilities Net worth (SALN)
▪ Certificate of Last Payment
▪ 2x2 picture with nametag
▪ Affidavit of Authority to Deduct (if deemed needed) (Overpayment and Outstanding Loans)
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NOTE: Forms no. 1-3 can be obtain from PRBS and all PRBUs, Civil Registry documents can be personally
obtain at Philippine Statistics Authority (PSA) with attached official receipts
PNP members shall be compulsorily retired from active service upon reaching the age of fifty six
(56) years of age. Provided, That, in case of any officer with the rank of chief superintendent, director or
deputy director general, the Commission may allow his retention in the service for an unextendible period of
one (1) year. (Section 39, RA No 6975) However, upon accumulation of at least twenty (20) years of
satisfactory active service, an officer or non-officer, at his own request and with the approval of the
Commission, shall be retired from the service and entitled to receive benefits provided by law. (Section 40,
RA No 6975)
An officer or non-officer who is permanently and totally disabled as a result of injuries suffered or sickness
contracted in the performance of his duty as duly certified by the National Police Commission, upon finding
and certification by the appropriate medical officer, that the extent of the disability or sickness renders such
member unfit or unable to further perform the duties of his position, shall be separated and considered as
retired. He shall be entitled to one year's salary and to lifetime pension equivalent to eighty percent (80%) of
his last salary, in addition to other benefits as provided under existing laws. Should such member who has
been retired under permanent total disability under this section die within five (5) years from his retirement,
his surviving legal spouse or if there be none, the surviving dependent legitimate children shall be entitled to
the pension for the remainder of the five (5) years guaranteed period. (Section 73, RA No 6975, as amended)
What is the general rule insofar as settlement agreements in consideration of pension benefits
partition between a pensioner and his/her legal dependents is concerned?
As a general rule, the benefits authorized under existing resolution, except as provided therein, shall
not be subject to attachment, garnishment, levy, execution or any act whatsoever, neither shall they be
assigned, ceded or conveyed to any other person. (Sec. 28, BOR No. 8). However, claims by retiree’s spouse
supported by a court order or settlement agreement in relation to a case for non-support under RA No. 9262
directing the PNP to share a certain percentage of pension in favor of a complaining spouse shall be
processed by the PNP. (PNP MC No. 2015-031).
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If a PNP member, who is eligible to avail of optional retirement, is to participate as a candidate in
a partisan election, what should he do to receive pension benefits?
Qualified PNP personnel who plans to run for an elective position, may be optionally retired provided
such personnel file his/her application for irrevocable optional retirement at any time before filing his/her
certificate of candidacy. Should he/she fail to do so, he/she is considered automatically resigned or “ipso
facto resigned” in accordance with Batas Pambansa Bilang 881. (Para 5, PNP MC No 20114-055)
Which unit of the PNP is mandated to adjudicate concerns of retired personnel and their
beneficiaries?
The PNP Retirement and Benefits Administration Service (PRBS), as a National Support Unit is
mandated to adjudicate and administer the retirement, separation, and death benefits of PNP retirees and
their dependents/legal beneficiaries. (NAPOLCOM Resolution No 2010-202)
What would be the liability of any person who shall cause the unjustified delay in the release of
pension benefits?
The unjustified failure and/or refusal to release the pension, gratuities and other retirement benefits
due to a retiring government employee within the periods prescribed above or to comply with any provision
of this Act shall be a ground for the filing of administrative disciplinary action against the erring officer(s)
and/or employee(s). Such erring officer(s) and/or employee(s) shall, after hearing and due proceedings, be
penalized with suspension from the service without pay from six (6) months to one (1) year, at the discretion
of the disciplining authority. This penalty shall not apply if the release of the retirement benefits could not be
accomplished due to force majeure and other insuperable causes. In such cases, the thirty (30)-day period
shall be counted from the time such cause(s) cease(s) to exist. (Section 5, RA No 10154)
Who are considered as surviving spouse? For purposes of derivative pension, otherwise known
as transfer of pension, a spouse may be considered as a survivor, and thus, entitled to the
pension benefits if:
A. he/she is legally married to the deceased PNP pensioner prior to the latter’s retirement/separation;
B. not legally separated by judicial decree issued on grounds attributable to the surviving spouse; and
C. have not abandoned the deceased PNP pensioner without justifiable cause/s. (NAPOLCOM
Memorandum Resolution No 2007-376)
a. The surviving legitimate, legitimated, legally adopted children, including the illegitimate children who are
unmarried, not of majority age or is over the age of minority but incapacitated and incapable of self-support
due to a mental or physical defect acquired prior to the age of majority
b. IN DEFAULT of a surviving spouse or children, the surviving parent or parents, or in their default, the
surviving unmarried brothers and/or sisters not of majority age. (NAPOLCOM Resolution No 2007-376)
What if a survivor cannot establish with certainty her/his relationship with the deceased PNP
pensioner or his/her being a legal beneficiary?
If the claimant who is not a declared legal beneficiary, shows proof of relationship such as marriage
contract or birth certificate of children which is a “delayed registration” after the death of the deceased PNP
personnel, he/she shall be required to submit an Order from the court declaring that he/she is a legal
beneficiary. The requirement for court order shall not apply if the claimant is able to show proof of recognition
of illegitimate child, proof of marriage ceremony and other documents. All the documents must have been
executed prior to the death of the pensioner. (Para 5, PNP Memorandum Circular No 2014- 044)
Are those retiring and retired PNP personnel with pending case entitled to the payment of their
retirement pension?
As a matter of policy, the pendency of a criminal and/or administrative case against a retiree is not
a bar to the payment of his/her retirement benefits. (PNP Memorandum Circular No 2016-073) In cases
where the concerned agency failed to terminate and/or resolve the case within three months from the date
of retirement without justifiable reason(s) and/or fault or delay attributable to the retiring personnel, the
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retirement benefits due to the retiree shall be immediately released to him/her without prejudice to the ultimate
resolution of the case. An appeal of the case taken by the retiree constitutes a justifiable reason for the
nonrelease of his/her retirement benefits. (Sec 3, RA No 10154)
For cases punishable by suspension, demotion and/or lower than prision mayor, the release of
retirement benefits shall be either in lump sum or outright/direct pension, the choice of which shall be left at
the discretion of the retiree.
For cases punishable by dismissal and/or where the imposable penalty is prision mayor or higher,
the release of retirement benefits shall be through outright or direct pension. The retiree is likewise given the
choice of availing his/her retirement benefits after the resolution of the pending case. In such cases, the
retiree shall be required to execute an affidavit waiving his rights under RA No 10154 and its implementing
rules and regulations. (Para 6, PNP Memorandum Circular No 2016-073)
The monthly retirement pay shall be fifty percent (50%) of the base pay and longevity pay of the
retired grade in case of twenty (20) years of active service, increasing by two and one-half percent (2.5%) for
every year of active service rendered beyond twenty (20) years to a maximum of ninety percent (90%) for
thirty-six (36) years of active service and over: Provided, That, the uniformed personnel shall have the option
to receive in advance and in lump sum his retirement pay for the first five (5) years: Provided, further, That
payment of the retirement benefits in lump sum shall be made within six (6) months from effectivity date of
retirement and/or completion: Provided, finally, That retirement pay of the officers/non-officers of the PNP
shall be subject to adjustments based on the prevailing scale of base pay of police personnel in the active
service. (Section 34, RA No 6975 as amended
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LESSON VIII
STATING THE BIOPSYCHOSOCIAL THEORIES OF CRIME
CAUSATION
TOPICS
LEARNING OUTCOMES:
1. The Biopsychosocial Model of Crime Causation
2. Moral Insanity and Criminal Responsibility
3. Premenstrual Syndrome
4. Battered Child Syndrome
5. Battered Woman Syndrome
6. Postpartum Stress Syndrome and Postpartum Psychosis
CONCEPTS
The biopsychosocial model is a tool that psychologists use to examine how psychological disorders develop.
This lesson will provide a definition of this model and provide specific examples to illustrate how it can be used.
Can we find out why a person has anxiety or depression? What elements are involved? We can often identify
many factors leading to the development of a psychological disorder, such as genetics, difficulty regulating emotions,
or environmental stress. There is so much to consider that psychologists have adopted what's called
the biopsychosocial (BPS) model, which examines biological, psychological, and social factors affecting an
individual, to examine how and why disorders occur.
The BPS model isn't just used by psychologists; it has many applications in different fields because of how
inclusive it is of different factors that influence human behavior. A doctor might wonder: 'How could different social
situations lead to this disease?' Or a social worker might want to see if a child's developmental disorder might have to
do with being in a foster family.
Biopsychosocial Breakdown in Terms
The “bio” component of this theory examines aspects of biology that influence health. These might include
things like brain changes, genetics, or functioning of major body organs, such as the liver, the kidneys, or even the
motor system. For example, let's say Joan has an accident that leaves her with reduced movement in her right arm.
This biological change might influence how she feels about herself, which could lead to depression or anxiety in certain
situations.
The “psycho” component of the theory examines psychological components, things like thoughts, emotions,
or behaviors. Joan might go through many different psychological changes. She might experience decreased self-
esteem, fear of judgment, or feel inadequate in her life or job. These changes in thoughts might lead to changes in
behaviors, like avoiding certain situations, staying at home, or quitting her job. As she engages in these behaviors, her
injury might worsen, or she could suffer further depression and anxiety.
The “social” component of the BPS model examines social factors that might influence the health of an
individual, things like our interactions with others, our culture, or our economic status. A possible social factor for Joan
could be her role in her household. Perhaps Joan is a new mother. An injured arm might reduce her ability to care for
her new baby. Being unable to fulfill this social role might trigger problems with her husband or other family members,
causing Joan stress that could lead to further biological or psychological problems.
An important connection to make here is that the elements of the BPS model are all connected. Biology can
affect psychology, which can affect social well-being, which can further affect biology, and so on. Joan's biological state
changed, which affected her psychological state and social interactions, which all went on to affect each other again.
Thus, the power of the BPS model is that it looks at health and disease in a variety of contexts and examines
how the interaction of different factors leads to specific issues for an individual. To successfully treat Joan, her doctors
might incorporate physical therapy to help her arm recover, psychological therapy to work out distress, and maybe
integration into social programs so Joan can return to or create a regular social routine.
CONCEPTS
Isaac Ray (1807-1881), credited as America’s first forensic psychiatrist, was interested throughout his life in
the application of psychiatric principles to the law. The best known author of “medical Jurisprudence of Insanity,” a
treatise on criminal responsibility that was widely quoted and influential; where he defended the concept of moral
insanity , a disorder first described in 1806 by the French humanitarian and psychiatrist Philippe Pinel (1745-1826).
Moral Insanity- was a term used to described who were normal in all aspects except that something was
wrong with the part of the brain that regulates affective responses. Ray questioned whether people could be held legally
responsible for their acts if they had such impairment, because such people committed their crimes without intent to
do so.
Henry Maudsley (1835-1918), a brilliant English Medical professor, compared Ray’s concerns about
criminality responsibility. According to Maudsley, some people may be considered either “insane of criminal
according to the standpoint from which they are looked at.” He believed that for many persons, crime is an “outlet
in which their unsound tendencies are discharged; they would go mad if they were not criminals. And “they do not go
mad because they are criminals” (Adler, 2010).
“The convulsive energy of the homicidal impulse is sometimes preceded by a strange morbid sensation,
beginning in some part of the body and mounting to the brain, very like that which, when preceding an attack of epilepsy
is known in medicine as the Aura epileptic.” He observed, too, that “epileptic convulsions may cease to occur iin one
who has been subject to them, and that in their place attacks of moral derangement with more or less maniacal
excitement may appear” (Scott, 1956).
Some habitual offenders he noted to be epileptic or from families in which epilepsy, insanity or other neurosis’
existed. Perhaps influenced by Lombrosian theory or by Grohmann, who, long before Lombroso was born, had
described criminals with defective development, prominent ears, projecting cheekbones, large lower jaws, deeply
placed eyes or a shifty, animal-like gaze, Maudsley, too, tended to link epilepsy with physical stigmata of degeneration
and thus with crime (Scott, 1956).
CONCEPTS
Premenstrual Syndrome-refers to onset of the menstrual cycle that triggers excessive amounts of the female
sex hormones, which affect antisocial, aggressive behavior. The link between premenstrual syndrome and delinquency
was first popularized more than 25 years ago by Katharina Dorothe K. Dalton (1916-2004), whose studies of English
women (156 newly adult female prisoners) indicated that these females are more likely to commit suicide and be
aggressive and otherwise antisocial just before or during menstruation (Siegel, 2004).
Though in the Philippines, by virtue of Article 253 of the Revised Penal Code committing suicide not a crime
but the moment other person will help the woman who is suffering from premenstrual syndrome in the commission of
suicide then, that person who assisted is liable of “giving assistance to commit suicide.”
Diana H. Fishbein (1992) in her study, “Selected Studies on the Biology of Antisocial Behavior,” concludes
that there is in fact an association between elevated levels of female aggression and menstruation. She further argues
that:
1. a significant number of incarcerated females committed their crimes during the premenstrual phase; and
2. that atleast a small percentage of women appear vulnerable to cyclical hormonal changes, which makes them
prone to anxiety and hostility.
CONCEPTS
The term “battered child syndrome” was coined by Dr. C. Henry Kempe (1922-1984) and his colleagues
in a landmark article “The Battered Child Syndrome” published in 1962. The syndrome does not establish the culpability
of any particular person; rather, it simply indicates that a child found with serious, repeated injuries does not suffer
those injuries by accidental means. Evidence of battered child syndrome is used to make the logical inference that only
someone who is regularly caring for the child would have occasion to inflict these types of injuries, as an isolated act
by a stranger could not result in a pattern successive injury over an extended period of time. Thus, evidence of battered
child syndrome tends to narrow the group of possible child abusers in a criminal proceeding.
“Battered Child Syndrome,” a medical diagnosis based on evidence indicating that the child has been
subjected to a pattern of serious and unexplained abuse (Kempe,1962). While battered child syndrome is purely a
medical diagnosis, evidence of past injuries is actually evidence of the defendant’s prior bad acts, the consideration of
which may lead the injury to improperly infer that the defendant has a opensity or a character trait for committing
wrongful acts (Myers,1988).
The victim, if alive, is often too young or lacks the psychological capacity and/or the courage to testify
(Orfinger, 1989). Of those children who take the stand, some, due to their age, are ineffective witnesses (Myers, 1988).
Further, the prosecution can rarely find an eyewitness to testify, and the accused is often able to fabricate a plausible
explanation for the child’s injuries (Orfinger, 1989). The resulting evidentiary void is compounded by the fact that many
jurors are unable to accept the idea that a parent or guardian would intentionally hurt a child.” Today, physicians may
be allowed to testify as to whether the injured child shows signs of “battered child syndrome.” The physician role in the
case of battered child syndrome is to establish whether the child received of intentional injuries coming from the abusive
guardian or parents of the child.
During the past decades, community awareness of domestic and family violence has increased significantly
and in line with this shift, substantial legal reforms directed at assisting victims of domestic violence and sexual assault
have taken place. While many of these changes have been welcomed by those working in the field of violence against,
women, since its inception, a great deal of controversy and confusion have surrounded the term “battered woman
syndrome”, how it is used and on what basis it can claim to explain the experiences of victims of intimate abuse.
The term “battered woman syndrome” was coined by psychologist and prominent feminist, Lenore Walker, to
denote a set of distinct psychological and behavioral symptoms that result from prolonged exposure to situations of
intimate partner violence (Craven, 2003). The Republic Act 9262 or the Anti-Violence Against Women and their
Children Act of 2004 defines battered woman syndrome as a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
The Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), known in the mental health field as the
clinician’s bible, does not recognize battered women’s syndrome as a
distinct mental disorder. In fact, Dr. Lenore Walker notes the syndrome is not an illness, but a theory that draws upon
the principles of learned helplessness to explain why some women are unable to leave their abusers. Therefore, the
classical battered women’s syndrome theory is best regarded as an offshoot of the theory of learned helplessness and
not a mental illness that afflicts abused women.
The theory of learned helplessness sought to account for the passive behavior subjects exhibited when placed in an
uncontrollable environment.
In the late 60′s and early 70′s, Martin Seligman, a famous researcher in the field of psychology, conducted a
series of experiments in which dogs were placed in one of two types of cages. In the former cage, henceforth referred
to as the shock cage, a bell would sound and the experimenters would electrify the entire floor seconds later, shocking
the dog regardless of location. The latter cage, however, although similar in every other respect to the shock cage,
contained a small area where the experimenters could administer no shock. Seligman observed that while the dogs
in the latter cage learned to run to the non-electrified area after a series of shocks, the dogs in the shock cage gave up
trying to escape, even when placed in the latter cage and shown that escape was possible. Seligman theorized that
the dogs’ initial experience in the uncontrollable shock cage led them to believe that they could not control future events
and was responsible for the observed disruptions in behavior and learning. Thus, according to the theory of learned
helplessness, a subject placed in an uncontrollable environment will become passive and accept painful stimuli, even
though escape is possible and apparent.
Battered woman syndrome describes a set of symptoms found in woman living in battering relationships. The
four general characteristics are:
• The woman believes it’s her fault
• The woman’s inability to place the responsibility of the violence elsewhere
• The woman fears for her life and/or her children’s lives.
• The woman has the belief that the abuser is omnipresent and omniscient.
Women need to know that according to research spousal abuse does not typically stem from a problem with
the relationship, but instead begins with the man’s emotional insecurities, low self-esteem and abusive behaviors
witnessed in his childhood. There are many reasons a woman would stay in an abusive relationship. Among them:
reinforcement during the honeymoon stage after being beaten, loss of self-esteem, women feel they are the
peacekeepers in a relationship, adverse financial consequences, Threats from the batterer to kill self or children,
learned helplessness.
Many of these women still love the abuser even after they leave, by whatever methods. But they must
understand that in order for the battering spouse to change he must go through a two-step process to get help for his
abusiveness. First, he must suffer negative consequences for the violent behavior and then he must go through
specialized spouse abuse counseling. If drugs or alcohol were involved, he must also be treated for the addiction. The
batterer must believe and accept these five concepts:
Once outside of the abusive relationship a woman can overcome the feelings of inadequacy and helplessness
that were brainwashed into her while being in an abusive relationship.
Elements of Battered Woman Syndrome
Tension-Building Phase
During the tension-building phase, minor battering occurs can be verbal or slight physical abuse or other form
of hostile behavior. The woman usually tries to pacify the batterer through show of kind, nurturing behavior; or by simply
staying out of his way. What actually happens is that she allows herself to be abused in ways that, to her, are
comparatively minor. All she wants is to prevent the escalation of the violence exhibited by the batterer. This wish,
however, proves to be double-edged, because her “placatory” and passive behavior legitimizes his belief that he has
the right to abuse her in the first place.
However, the techniques adopted by the woman in her effort to placate him are not usually successful, and the
verbal and/or physical abuse worsens. Each partner senses the imminent loss of control and the growing tension and
despair. Exhausted from the persistent stress, the battered woman soon withdraws emotionally. But the more she
becomes emotionally unavailable, the more the batterer becomes angry, oppressive and abusive. Often, at some
unpredictable point, the violence “spirals out of control” and leads to an acute battering incident.
The acute battering incident is said to be characterized by brutality, destructiveness and, sometimes, death. The
battered woman deems this incident as unpredictable, yet also inevitable. During this phase, she has no control; only
the batterer may put an end to the violence. Its nature can be as unpredictable as the time of its explosion, and so are
his reasons for ending it. The battered woman usually realizes that she cannot reason with him, and that resistance
would only exacerbate her condition.
At this stage, she has a sense of detachment from the attack and the terrible pain, although she may later clearly
remember every detail. Her apparent passivity in the face of acute violence may be rationalized thus: the batterer is
almost always much stronger physically, and she knows from her past painful experience that it is futile to fight back.
Acute battering incidents are often very savage and out of control, such that innocent bystanders or interveners are
likely to get hurt.
The final phase of the cycle of violence begins when the acute battering incident ends. During this tranquil
period, the couple experience profound relief. On the one hand, the batterer may show a tender and nurturing behavior
towards his partner. He knows that he has been viciously cruel and tries to make up for it, begging for her forgiveness
and promising never to beat her again. On the other hand, the battered woman also tries to convince herself that the
battery will never happen again; that her partner will change for the better; and that this “good, gentle and caring man”
is the real person whom she loves.
A battered woman usually believes that she is the sole anchor of the emotional stability of the batterer. Sensing
his isolation and despair, she feels responsible for his well-being. The truth, though, is that the chances of his reforming,
or seeking or receiving professional help, are very slim, especially if she remains with him. Generally, only after she
leaves him does he seek professional help as a way of getting her back. Yet, it is in this phase of remorseful
reconciliation that she is most thoroughly tormented psychologically.
The illusion of absolute interdependency is well-entrenched in a battered woman’s psyche. In this phase, she
and her batterer are indeed emotionally dependent on each other -- she for his nurturing behavior, he for her
forgiveness. Underneath this miserable cycle of “tension, violence and forgiveness,” each partner may believe that it
is better to die than to be separated. Neither one may really feel independent, capable of functioning without the other.
Theory of Learned Helplessness
Unlike previous research in the field, Walkers study did not presuppose a relationship between mental illness
and subsequent susceptibility to intimate violence, rather than, it attempted to demonstrate the frequency with which
symptoms commonly associated with mental illness, such as depression, low self-esteem and helplessness, appeared
in women who had suffered long tern domestic abuse (Craven, 2003 cited in Walker 1984; Walker 1995). Walker
adapted Seligman’s theory of “learned helplessness” to explain why so many battered women fail to leave their abusers
(Craven, 2003 cited in Walker, 1984).
Seligman’s theory sought to explain certain forms of psychological paralysis by utilizing social learning and
cognitive/motivational theoretical principles. Based on a study conducted with laboratory animals whereby the animal
was repeatedly and non-contingently shocked until they became unable to escape the painful situation, the theory
argued that the reason the animals failed to attempt to escape, even when escape was both possible and readily
apparent to animals who had not undergone the previous shock treatment, could be found in their distorted perceptions
of one’s capacity to alter their position. These distorted perceptions, according to Seligman, resulted from an inability
to predict the efficacy of one’s actions. Seligman then drew comparisons between the behavior of the animals in the
study and certain forms of human depression, highlighting analogous cognitive, behavioral and motivational
characteristics exhibited by each of these groups (Craven, 2003 cited in Walker 1984). Drawing from Seligman’s work,
Walker hypothesized that continual exposure to battering, like electric shocks, would, over time, diminish a woman’s
motivation to respond and produce the same kinds of cognitive, behavioral and motivational responses. In other words,
a woman who remained in a violent relationship was more likely to exhibit signs of learned helplessness than one who
had never been in, or had escaped a violent relationship (Craven, 2003 cited in Walker 1984).
CONCEPTS
In the book (2010), “Delivery from Darkness: A jewish Guide to the prevention and Treatment of
Postpartum Depression” by Michael Finkelstein, Postpartum Stress Syndrome is an emotional reaction which
falls between baby blues and postpartum depression. Also known as “Adjustment Disorder” 20 % of those women
who have baby blues go on to experience postpartum stress syndrome. Postpartum stress syndrome lasts longer than
three (3) weeks. Unlike baby blues, in which feelings of sadness are interspersed with periods of happiness,
postpartum stress syndrome is characterized by a sadness which seeps into a woman’s pores and permeates her life.
Postpartum stress syndrome causes feelings of anxiety and self-doubt. The women wanted to become a
perfect mother and wife, but at the same time she feels exhausted and overwhelmed. Women experienced postpartum
stress syndrome usually function fairly well and get through their day, though they feel awful inside. Although some
women go on to develop clinical depression, most women find relief through the loving support of family, friends as
they gradually adjust their new baby routine. In most instances, reducing day-to-day hassles and lightening
responsibilities enable the mother to nurture herself and rediscover her old self.
Postpartum depression can come on without warning. A woman does not have to suffer from baby blues or
postpartum stress syndrome first. In fact, a woman can go through a normal childbirth and recover completely, when
suddenly PPD strikes like a bolt of lightning.
What does “depression” mean? Being depressed is an overused phrase describing a passive period of sad
or bad feelings. Conversely, clinical depression is defined as prolonged intense, sad, empty feelings lasting two (2)
weeks or more. To be diagnosed with any major depressive disorder, an individual must experience depressed mood
or anhedonia (the inability to experience pleasure) for two (2) weeks, in addition to five (5) or more of the following
symptoms: excessive weight loss or gain, insomnia, excessive sleep, fatigue, feelings of worthlessness, difficulty
concentrating, suicidal thoughts.
Postpartum Psychosis is caused by multiple factors which uncommon with only one in one thousand women
developing postpartum psychosis within a few days after childbirth, it can dramatically affect everyone involved. Some
new mothers suffering psychosis may have to be hospitalized for a short term or, even rarer, an unfortunate few who
do not receive the right treatment in time may harm themselves or their child.
Signs:
• Hearing of voices or sounds no one else hears.
• Thoughts of hurting oneself or baby
• No sleep in 48 hours
• Cannot care for baby or self
• Rapid weight loss without trying
• She could not control her thoughts, as if someone else were controlling her.
What worst in postpartum psychosis is if not treated immediately, it will resort to committing suicide or killing
newborn baby?
LESSON IX
POLICE PLANNING
TOPICS
1. Definition of Police Planning/Program
2. Importance of Planning.
3. Classification of Police Planning
4. Duties of Police Planning Units
5. Basic Steps of Police Planning Unit
6. Characteristics of Police Planning
7. Objectives of Police Planning
8. Fundamentals of Poice Planning
9. Implementation Process of Police Operational Plan
LEARNING OUTCOMES:
At the end of the lesson, the students must be able to expound planning as function of
police management.
Introduction
A Plan is an organize schedule or sequence by methodical activities intended to attain a goal and
objectives for the accomplishments of mission or assignment. It is a amethod or way of doing something in
order to attain objectives. Plan provides answer to 5W’s and 1 H
Planning is a management function concerned with visualizing future situations, making estimates
concerning them, identifying issues, needs and potential danger points, analyzing and evaluating the
aleternative ways and means for reaching desired goals according to a certain schedule, estimating the
necessary funds and resources to do the work, and initiating action in time to prepare what may be needed
to cope with the changing conditions and content events.
Plans are good, planning is vital. These are facts, but if they kept in the inner recesses of the office
filing cabinet, THEY MEAN NOTHING. The advise is, execute your plan. Its real measure of soundness is in
the execution. SUCCESS is one (1) percent instructions and ninety nine (99) percent supervision.
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3. The act of determining policies and guidelines for police activities and operations and providing
controls and safeguards for such activities and operations in the police organization.
Example: Police Action Plan on the Strategy DREAM and program P-O-L-I-C-E 2000, Three Point
Agenda, and GLORIA.
Steps in the Strategic Planning Process
Step 1: Defining the Mission of the Organization
Mission is the fundamental unique purpose that distinguishes an organization from others of its
type; It is general, enduring statement of the intent of an organization.
The mission statement should address three (3) important issues:
1) What organization are we in?
2) Who are our clients?
3) What good or service will we offer?
The mission statements identify the uniqueness of an organization from each other. They represent
the foundation for priorities, strategies, plans and work assignments. Although the mission of an
organization can be modified over time to reflect changing environmental conditions or different managerial
philosophies, it always serves as a reference point for managerial thought and action at a specific point in
time.
Step 2: Developing Organizational Objectives
Objectives are guideposts in defining standards of what the organization should accomplish in
providing direction and motivation.
Objectives improve the effectiveness of an organization by producing three (3) major benefits:
1. Providing direction.
2. Serving as standards for evaluating performance, and
3. Motivating members of the organization
Characteristics of Soundly Conceived Objectives
1. Specificity-Objective should be specific.
2. Measurability-Soundly conceived objectives are also characterized by measurable standards of
performance.
3. Time Specific-Objectives should have time frame which they will be accomplished.
4. Emphasis on Result- Sound objectives focus on results, not activities. Activities are the means by
which objectives are accomplished.
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5. Attainability- Objectives that are unrealistically high are ineffective as soon as employees realize
they are unattainable. On the other hand, objectives that call for the best efforts of all employees for
their accomplishment provide a sense of achievement and are effective means for motivating people.
SWOT ANALYSIS- is an acronym for strengths and weaknesses, opportunities and threats-it is a strategic
planning tool that forces manager to identify internal strengths and weaknesses and assess then in relation
to external opportunities and threats. The major premise of SWOT analysis is that taking critical internal and
external view of reality will lead to the selection of n appropriate strategy for accomplishing the organization’s
mission. Organizations suffer constraints in many instances. They identify opportunities but are unable to
capitalize on them due to internal limitations. Vulnerability involves an environment threat to a current
organizational strength.
In the PNP, there are two (2) appended reports to the Medium-Term Development Plan. These are:
1. Operations Plans and Budget is formulated by the Operating Plan and Budget chaired by The
Chief of Directorial Staff to insure consistency and maintain balance of resources within and among
major activities of the Command. It reflects the total coordinated effort of management officials in so
far as fiscal administration and resource management are concerned.
2. Program Review and Analysis (PRA) provides a complete picture of how the resources were used
to accomplish objectives and programs. It is based on the authorized operating program and budget
and the accomplishment of the unit or office for a given period of time.
The PRA is the responsibility of the Comptroller and Budget and Fiscal Officers of the major units,
including the Directorial Staff, Programs Directors, and Project Administrators. It is undertaken quarterly on
a cumulative basis, meaning that the semi-annual documentation includes the first and second quarters, with
the annual report covers the four (4) quarters of the fiscal year.
The PRA is composed of two(2) parts:
1. The documented PRA
2. The Oral Presentation which requires the condensation of the documented PRA into a briefing
manuscript.
A consolidated Program Review and Analysis is presented by the PNP Chief to NAPOLCOM on a semi-
annual basis. During these PRAs, the NAPOLCOM sits en banc to review the PNP’s performance viz-a vis
the available resources.
III-TACTICAL PLANNING
Tactical Planning is a short-term and usually has limited impact. This is also referred to as near
term plan. The commonly agreed timeline for these types of plan is less than one (1) year. This is usually
done at the ground levels of the organization.
Four (4) Stages of Tactical Planning
1. Identify major tasks to achieve strategic goals
71
2. Assign persons responsible for task and prepare specific plans
3. Allocate resources
4. Set performance standards for each task
Tactical Planning Tools
1. Policies and Programs- a policy is a verbal, written or implied statement that guides decision making
while program is a list of interrelated projects and activities.
2. Quantitative Plans- cash flows, budgets, financial projections etc.
3. Techinical Plans-Program Evaluation and Review Technique (PERT)/Critical Path Method (CPM)
architectural and engineering systems and procedures, etc.
Sequence of Planning and Programming Process
1. Setting Planning and Programming Goals
2. Preparing for Planning and Programming
3. Identifying the Problems.
4. Identifying and Analyzing Alternative Solutions
72
Anticipated effect or effects on future operations.
The implementation process of police operational plan has been described as a system of pressure
and counter pressures asking to political maneuvering in which constant negotiation goes on, police
executives exercising considerable persuasion in their attempt to obtain desire result.
In other sense, it is simply requires good solid management. Once a new plan or program has been
designed, attention must be directed toward the following requirements.
73
1. Providing necessary resources, to include financial, material, personnel and authority
2. Providing direction so those employees know what to do and why.
3. Providing control to ensure that directions are followed.
A plan to be effectively carried out, mut be accepted by a persons concerned at the appropriate
level of the plans development. As the planning develops there any be need to involve the head of personnel,
records and communication units, and all patrol officers.
The execution of plan requires the issuance of orders and directives to units and personnel
concerned, the establishment of a schedule, and the provision of manpower and equipment for carrying out
the plan. Briefing must be held and assurance must be received that all involved personnel understood whn
, how and what is to be done.
Execution of Plans
Once plan is made, same will be out into operation and the reult thereof evaluated accordingly.
Operations in the police force shall b directed by the chief of police in order to attain the following police
objectives.
▪ Protection of persons and properties
▪ Preservation of the peace
▪ Prevention of crime
▪ Repression or suppression of criminal activities
▪ Apprehension of criminals
▪ Enforcement of laws and ordinance
▪ Safeguarding of public health and morals
▪ Prompt execution of criminal writs processes courts
▪ Coordination and cooperation with other enforcement agencies
74
Assessment:
Analysis: Make your own conceptual framework of the basic steps in police planning and
fundamentals of police planning. You may use long bond paper or one (1) whole sheet of paper for
your output. Submit it on or before November 30, 2021.
9.
10. Upload your answers at your respective Google Classroom.
75
LESSON X
PNP OPERATIONAL PROCEDURES
TOPICS
1. Police Blotter, Police Uniform and Police Notebook and Pen
2. Inter unit coordination
3. Basic Requirements of Police Intervention Operations
4. Warning by used of megaphone
5. Disabling moving vehicle
6. Do’s after an armed confrontation
LEARNING OUTCOMES:
At the end of the lesson, you should be able to expound the importance and
process of Police Operational Procedure (POP)
Regardless of the type of function to be performed and/or police operations to be conducted, all
PNP personnel must know by heart and shall comply and apply the following procedures:
POLICE BLOTTER
A Police Blotter is a 18x12 logbook with hard bound cover that contains the daily register of all
crimes incident reports, official summary of arrests, and other significant events reported in a police station.
A separate police blotter (pink), however, shallbe maintained in crime incident reports involving Violence
Against Women and Children Act of 2004) and RA 9344 (Juvenil Justice and Welfare Act of 2006).
Electronic Blotter- is a computerized system that is now being used nationwide. e-Blotter is an electronic
database system that facilitates crime documentation and systematic data storage and retrieval.
POLICE UNFORM- All members of the police force reporting for duty shall wearthe proper uniform the same
shall be clean-shaven, neat and clean. The uniform shall conform to the regulations prescribed by higher
authority and shall be clean, well pressed and worn neatly and buttoned.
76
POLICE NOTEBOOK AND PEN
Every policeman on the beat, either on board a mobile car or on foot patrol must carry with him at all
times a police notebook and a pen. The notebook which is approximately the pocket size, will be used to jot-
down important events that transpire during his tour of duty. Under the Rules of Court, the police witness may
glance at his notebook to refresh his memory during court hearings.
Team Leaders of Local Police Unit operating outside their territorial jurisdiction, and National Support
Units shall coordinate personally or through an official representative with the concerned territorial Police
Office within whose jurisdiction the operation will be conducted using the prescribed Coordination Form prior
to the launching of the operation, except in cases where the inter-unit coordination through the written form
cannot be made due to the nature and/or urgency of the situation such as but not limited to cross jurisdictional
pursuit operations. In such case, the Police Unit concerned shall endeavour to notify the territorial police
office through any means of appropriate communication at anytime during the operation and if not possible
shall accomplish and furnish the territorial Police Office a written incident report immediately after the
termination of that particular operation.
Hot Pursuit (Cross Jurisdictional Pursuit) – (also termed in the US as fresh pursuit) shall mean an
immediate, recent chase of follow-up without material interval for the purpose of taking into custody any
person wanted by virtue of a warrant or one suspected to have committed a recent offence while fleeing from
one police jurisdictional boundaries that will normally require prior official personal inter-unit coordination but
which the pursuing unit cannot at that moment comply due to urgency of the situation.
77
TOPIC 3: BASIC REQUIREMENTS OF POLICE INTERVENTION OPERATIONS
All police intervention operations (arrest, raid, search and seizure, checkpoint, demolition, civil
disturbance management) shall be conducted:
1. With a marked police vehicle;
2. Preferably led by a Commissioned Officer;
3. With personnel in proper police uniform
The police shall not use warning shots during any police intervention.
This rule was lifted from the FBI Manual but was found to be very unpopular to policemen in the beat.
However, the PNP decided to adopt this rule because of the danger posed by warning shots to life and
property especially in crowded areas.
USE OF DEADLY FORCE
The excessive use of force is prohibited. The use of weapon is justified if the suspect poses imminent
danger of causing death or serious physical injury to the policeman or other persons. The Supreme Court
explained that the policeman must stand his ground because unlike a civilian who can run for his life, a
policeman cannot, lest, he can be charged for cowardice. (US vs. Mojica, 42 Phil 784)
The danger is “imminent” if it is on the point of happening. It is not required that the attack already
begins, for it may be too late (The Revised Penal Code, Book I, J.B.L. Reyes). The elements of imminent
danger are the following:
1. Intent of the suspect to harm the policeman
2. The capability of the suspect to harm the policeman or other persons
3. Accessibility or the proximity of the suspect in harming the policeman and other persons.
The use of weapon is also justified under the Doctrines of Self-Defense, Defense of Relative, and
Defense of Stranger.
Any Police Officer who uses firearm against the suspect must submit an after encounter report outlining
the circumstances necessitating the use of deadly force against the suspect.
REASONABLE FORCE
During an armed confrontation, the police shall use reasonable force only to overcome the threat posed
by the suspect. The Officer, in charge of the operation shall at all time exercise control over his men in the
area, and shall ensure that no innocent civilian is caught in the crossfire.
The reasonableness of the force employed will depend upon the nature and quality of the weapon used
by the aggressor, his physical condition, character, size and other circumstances and also the place and
occasion of the assault. (The Revised Penal Code, Book I, J.B.L. Reyes).
78
3. Accessibility or the proximity of the fleeing suspect/s in harming the policeman and other persons
79
LESSON X
PNP OPERATIONAL PROCEDURES
TOPICS
1. Police Blotter, Police Uniform and Police Notebook and Pen
2. Inter unit coordination
3. Basic Requirements of Police Intervention Operations
4. Warning by used of megaphone
5. Disabling moving vehicle
6. Do’s after an armed confrontation
LEARNING OUTCOMES:
At the end of the lesson, you should be able to expound the importance and
process of Police Operational Procedure (POP)
Regardless of the type of function to be performed and/or police operations to be conducted, all
PNP personnel must know by heart and shall comply and apply the following procedures:
POLICE BLOTTER
A Police Blotter is a 18x12 logbook with hard bound cover that contains the daily register of all
crimes incident reports, official summary of arrests, and other significant events reported in a police station.
A separate police blotter (pink), however, shallbe maintained in crime incident reports involving Violence
Against Women and Children Act of 2004) and RA 9344 (Juvenil Justice and Welfare Act of 2006).
Electronic Blotter- is a computerized system that is now being used nationwide. e-Blotter is an electronic
database system that facilitates crime documentation and systematic data storage and retrieval.
POLICE UNFORM- All members of the police force reporting for duty shall wearthe proper uniform the same
shall be clean-shaven, neat and clean. The uniform shall conform to the regulations prescribed by higher
authority and shall be clean, well pressed and worn neatly and buttoned.
76
POLICE NOTEBOOK AND PEN
Every policeman on the beat, either on board a mobile car or on foot patrol must carry with him at all
times a police notebook and a pen. The notebook which is approximately the pocket size, will be used to jot-
down important events that transpire during his tour of duty. Under the Rules of Court, the police witness may
glance at his notebook to refresh his memory during court hearings.
Team Leaders of Local Police Unit operating outside their territorial jurisdiction, and National Support
Units shall coordinate personally or through an official representative with the concerned territorial Police
Office within whose jurisdiction the operation will be conducted using the prescribed Coordination Form prior
to the launching of the operation, except in cases where the inter-unit coordination through the written form
cannot be made due to the nature and/or urgency of the situation such as but not limited to cross jurisdictional
pursuit operations. In such case, the Police Unit concerned shall endeavour to notify the territorial police
office through any means of appropriate communication at anytime during the operation and if not possible
shall accomplish and furnish the territorial Police Office a written incident report immediately after the
termination of that particular operation.
Hot Pursuit (Cross Jurisdictional Pursuit) – (also termed in the US as fresh pursuit) shall mean an
immediate, recent chase of follow-up without material interval for the purpose of taking into custody any
person wanted by virtue of a warrant or one suspected to have committed a recent offence while fleeing from
one police jurisdictional boundaries that will normally require prior official personal inter-unit coordination but
which the pursuing unit cannot at that moment comply due to urgency of the situation.
77
TOPIC 3: BASIC REQUIREMENTS OF POLICE INTERVENTION OPERATIONS
All police intervention operations (arrest, raid, search and seizure, checkpoint, demolition, civil
disturbance management) shall be conducted:
1. With a marked police vehicle;
2. Preferably led by a Commissioned Officer;
3. With personnel in proper police uniform
The police shall not use warning shots during any police intervention.
This rule was lifted from the FBI Manual but was found to be very unpopular to policemen in the beat.
However, the PNP decided to adopt this rule because of the danger posed by warning shots to life and
property especially in crowded areas.
USE OF DEADLY FORCE
The excessive use of force is prohibited. The use of weapon is justified if the suspect poses imminent
danger of causing death or serious physical injury to the policeman or other persons. The Supreme Court
explained that the policeman must stand his ground because unlike a civilian who can run for his life, a
policeman cannot, lest, he can be charged for cowardice. (US vs. Mojica, 42 Phil 784)
The danger is “imminent” if it is on the point of happening. It is not required that the attack already
begins, for it may be too late (The Revised Penal Code, Book I, J.B.L. Reyes). The elements of imminent
danger are the following:
1. Intent of the suspect to harm the policeman
2. The capability of the suspect to harm the policeman or other persons
3. Accessibility or the proximity of the suspect in harming the policeman and other persons.
The use of weapon is also justified under the Doctrines of Self-Defense, Defense of Relative, and
Defense of Stranger.
Any Police Officer who uses firearm against the suspect must submit an after encounter report outlining
the circumstances necessitating the use of deadly force against the suspect.
REASONABLE FORCE
During an armed confrontation, the police shall use reasonable force only to overcome the threat posed
by the suspect. The Officer, in charge of the operation shall at all time exercise control over his men in the
area, and shall ensure that no innocent civilian is caught in the crossfire.
The reasonableness of the force employed will depend upon the nature and quality of the weapon used
by the aggressor, his physical condition, character, size and other circumstances and also the place and
occasion of the assault. (The Revised Penal Code, Book I, J.B.L. Reyes).
78
3. Accessibility or the proximity of the fleeing suspect/s in harming the policeman and other persons
79
LESSON I
UNDERSTANDING THE PHILOSOPHY OF SOCIAL NORMS
AND ETHICS
TOPICS
1. Human Mind and Behavior in Relation with The Social Norms and Ethics
2. Concept of Human Behavior: Philosophical, Psychological, and Sociological Perspective.
LEARNING OUTCOMES:
TOPIC 1: HUMAN MIND AND BEHAVIOR IN RELATION WITH THE SOCIAL NORMS AND ETHICS
INTRODUCTION
How do we understand the human mind? Let us first attempt to answer this question: What makes a man truly
human? According to some ideals of humanism, to be considered truly human is to have these four (4) potentialities.
1. Physical Potentiality- This is about having a concrete body (one’s bodily development) and having the
ability is to have these four potentialities.
2. Mental Ability- This is a person’s capability to think critically, rationally, and logically.
3. Communication Skills- This is about a person’s ability to read, write, and talk to others.
4. Social Skills- This includes a person’s abilities to engage and interact with and to contribute to society
(Moga, S.J., cited in Rola, 2008).
However, to be considered a true human being does not necessarily mean that a “person “ excels in all these
four (4) skills; it ie enough one averagely possesses all the four potentialities.
Ironically, some human beings could not essentially be considered human for two (2) reasons:
1. It takes much time and effort for one to grow and reach full potential. Months after birth, one’s behaviour,
the same of a little animal, not yet fully developed, is manifested.
2. It is possible that some individuals will not reach full development since there are those who fail to possess
the basic qualities necessary for full humanness.
Occasionally, the word “inhuman” may be used to describe such a person (Moga, 1995). Moreover, a human
is a conscious being. Therefore, being conscious, how does the human mind think and behave?
CONCEPTS
Understanding the human mind is the main concept of psychoanalytic theory by Sigmund Freud. According
to Freud (1915), the human mind has three (3) levels of awareness. These are the conscious (10%), subconscious
(50-60%), and unconscious (30-40%). The combination of the three makes up what we call reality.
Conscious Level- serves as the scanner that allows you to perceive an event, trigger a need to react, and then
depending on the importance of the event, store it either in the unconscious or the sub-conscious area of the human
mind where it remains available.
Subconscious Level- is the storage point for any recent memories needed for quick recall, such as the telephone
number or the name of a person you just met. It also holds current information that you see every day, such as your
current recurring thoughts, behaviour patterns, habits and feelings.
Unconscious Mind- is where all of your memories and past experiences reside. These are those memories that have
been repressed through trauma and those that have simply been consciously forgotten and are no longer important to
us. It is from these memories and experiences that our beliefs, habits, and behaviours are formed (journal Psche,
1994).
NORMS
James Chris in his book Social Control (2007) defined norm as a rule for behaviour and a guide to conduct.
In essence, norms are statements that regulate behaviour. According to Merriam-Webster’s Dictionary, norm is a
principle of right action binding upon the members of a group and serving to guide, control, or regulates proper and
acceptable behavior. In connection with this, Thorsten Sellin (1938) posited the concept of conduct norm which
belongs under conscious level. Conduct Norms refer to the norms that are defined by the groups to which the
individual belongs. These are the norms in a specific society to which everyone must conform to so that he or she will
not be considered as a deviant.
For example: Wearing a swimsuit is a norm in the beach but not inside the church.
On the other hand, Lisa Roundy(2013) in her study stated that social norm is the accepted behaviour that an
individual is expected to conform to in a particular group , community, or culture. When you do not conform to the
social norms that are accepted by your culture or group, it is considered as an abnormal behavior.
An important theory on the emergence of social norms was developed by the early American Sociologist
William Graham Summer in his book Folkways published in 1906, and these are:
1. FOLKWAYS- sometimes known as “conventions” or “customs” which are standards of behaviour that are
socially approved but nor morally significant like whistling at night breaks the Filipino folkway.
2. MORES-which are norms of morality that have t be followed, otherwise, people who share the same culture
will be offended, like attending a church wedding appropriate clothing and avoiding intimate acts with.
3. TABOO-which are prohibited or restricted by social custom like abortion in the Philippine culture.
4. LAW- which is formal body of rules enacted by the state and backed by the power of the state. Virtually all
taboos, like child abuse and rape are enacted into law.
However, even some mores are also enacted into law, like gossiping in some areas, not all mores are such
as when you not helping the elders while crossing the street.
ETHICS
There is a popular maxim that says, “Values cannot be taught but it can be caught”.
It literally means that no matter how serious you are in instilling values to a person, if that person rejects
directly or indirectly your teaching, it is useless.
Maximo Torrento (2016) in his study cited that value is something desirable, worth having, worth possessing, worth
keeping, and worth, doing. Value is identical with good.
Pollock (2010) defined values as unverifiable “elements of desirability, worth, and importance. “ That is why when
speaking of value, or values we cannot depart ourselves from dwelling about ethics.
Aristotle, in his ethical writings, endorses egoism, rationality, and the value of life. He insisted that the key idea in
ethics is a human individual’s own personal happiness and well-being. Each man is responsible for his own character.
According to him, each person has a natural obligation to achieve, become, and make something of himself by pursuing
his true ends and goal in life.
Peter Singer (1985), in his article Ethics Philosophy, defined ethics also called moral philosophy, as the discipline
concerned with what is morally good and bad, right and wrong. It is derived from the old French term ethique, from
Latin ethice, and from Greek ethike which all mean the science of morals. The term ethics is also applied to any
system or theory of moral values or principles. These are actions which might be unethical to accidentally step on the
foot of another person without asking sorry, but it is not necessary illegal.
MOI refers to a person’s sense of who he is, his body and his basic identity, his biological givenness.
PERSONNE is composed of the social concepts of what it means to be who he is.
PHILOSOPHICAL
Socrates believed that the best life and the life most suited to human nature involved reasoning. He also
believed that nobody willingly choose to do wrong.
Plato, on the other hand, believed that human behaviour flows from three (3) main sources: desire, emotion
and knowledge. In the article published by Edward W. Younkins (2003) entitled “Aristotle, Human Flourishing, and the
Limited State”, it is stated that Aristotle heralds the role of reason in a proper human life. He examined the nature of
man and his functions and sees that man survives through purposeful conduct which results from the active exercise
of man’s capacity of rational thought. The ability to reason separates man from all other living organisms and supplies
him with his unique means of survival and of flourishing. It is through purposive, rational conduct that a person can
achieve happiness. For Aristotle, being a conceptual consciousness must focus on reality and must discover the
knowledge and actions required if he wants to fully develop as a human person.
PSYCHOLOGICAL
According to school of thought behaviorism, human behaviour was all about the way a certain stimulus
produces an appropriate response. Your behaviour usually starts with sensory perception: the way your five (5) main
senses (vision,, hearing, smell, touch and taste), plus other lesser known sensory abilities such as proprioception
(your sense of where your limb are and how your body is moving), feed information into your brain (Woodford, 2018).
For example, when you see your crush, it is your sense of sight through your eyes that recognized the stimulus (your
crush). Then neurons send signal to your limbic brain causing your hypothalamus to release the neuro-hormone known
as dopamine. As a result, you feel happy and inspired on the outside. In short, all our behaviour observed by others
are the product of how our physiological system inside our body works.
SOCIOLOGICAL
Functionalism, one of the schools in sociology, explains that society is a system having parts which are
connected and related with each other. It is through this system that human behavior is being formed in the process
of socialization.
According to psychologist Gordon Allport (1954) , social psychology is a discipline that uses scientific methods “ to
understand and explain how the thoughts , feelings, and behaviour of individuals are influenced by the actual, imagined,
or implied presence of other human beings”.
A publication entitled” Shared Agency: A Planning Theory of Acting Together” by Michael E. Bratman from
Standford University, best described the socio-philosophical concept of how a person interacts with one another.
Bratman’s main claim is that the key ingredients in human shared activity are the intention to do something together,
combined with the interlocking and intended meshing of plans.
Shared Intentional Activity is a complicated structure of interconnected people who are planning. For
example, the congressmen and senators in the House of Congress maybe against each other politically but when it
comes to drafting a bill they agreed to work together on it. It is because they have the shared intention and commitment
to do it for the public who voted for them.
LESSON II
EXAMINING THE THEORETICAL FOUNDATION OF CRIME
CAUSATION
TOPICS
1. The Concept of Theory
2. Why is theory Important?
3. Development of Theory
4. Formula of Crime Causation
5. The Fundamentals Schools of Thought in Explaining the Cause of Crime
6. Perspective of Crime Causation
LEARNING OUTCOMES:
What is the origin of criminal behavior? Why do some people are serving their sentence inside the
prison institutions while other remains a conforming individuals? Are people outcomes of their environment, or is the
probability of their becoming a criminal determined at birth? In order to explain the grounds of criminal behavior,
theories are made. Many social scientists have observed facts about criminal behavior and organized them into
complex theoretical models. What is a theory then?
According to Freda Adler (1983), a theory is s statement that explains the relationship between
abstract concepts in a meaningful way. For example, if scientist observe that criminality rates are usually high in
neighborhoods with high unemployment rates, they might theorize that environmental condition influence criminal
behaviour (Siegel, 2007)
SOCIAL THEORY- defined as the systematic set of interrelated statements or principles that explain aspects of
social life. Theory serves as a model or framework for understanding human behaviour and the forces that form it. It
is based on verified social facts or reality observed phenomenon that can be constantly calculated and measured.
(Siegel, 2007)
THEORY- a supposition or a system of ideas intended to explain something, especially one based on general
principles independent of the thing to be explained. It is derived from the Greek word “theoria” which means
“contemplation or speculation” (Oxford Dictionary).
5
Moreover, according to APA Dictionary of Psychology (VandenBos, 2007), as cited in (L’Abate, 2011), A
theory is a principle or a body of interrelated principles that purports to explain or predict a number of interrelated
phenomenon. In philosophy of science, a theory is a set of logically related explanatory hypotheses that are
consistent with a body of empirical facts and may suggest more empirical relationships.
Moore (1991), stated that a theory is a related set of concepts and principle about a phenomenon. It
explains how some aspects of human behaviour or performance is organized. The components of theory are
concepts (ideally well-defined) and principles.
A concept is a symbolic representation of an actual thing i.e. tree, chair, table, computer, distance, etc.
Construct is the word for concepts with no physical referent i.e. democracy, learning, freedom, etc. One
type of construct that is used in many scientific theories is called a variable. On the other hand, a principle
expresses the relationship between two or more concepts or constructs.
Moreover, theories are used by researchers as casual mechanism to give historical explanation of cases
(George, 2004).
Scientist formulates, test, accept, reject, modify, and use theories as guide to understanding and predicting
events. Theories are fruits of scientific research, a process that is designed to extend our understandings and to
determine if they are correct or useful.
1. Speculative- attempts to explain what is happening.
2. Descriptive- gathers descriptive data to describe what is really happening.
3. Constructive- revises old theories and develops new ones based on continuing research.
In order to understand how theory is developed, it is better to cite the three (3) kinds of reasoning
(Thompson, 2006).
1. Inductive Reasoning (example)
Every snake that has ever been tested has liver.
Therefore, every snake has liver.
INDUCTIVE REASONING
(may be true)
6
2. Deductive Reasoning (example)
Every reptile has liver.
All snakes are reptiles.
DEDUCTIVE REASONING
ABDUCTIVE REASONING
Incomplete
Observations
Best Predictions
(maybe true
Grounded Theory- developed by Barney Glaser and Anselm Strauss to develop theory of social science. It was
inspired by the inductive reasoning asserts that theory is “discovered” as a result of systematically analysing data or
data mining techniques.
Hypothesis must be part of some theory structure, or they are nothing more than the opinion of the researcher, even
if that opinion is subsequently “validated.” According to Merriam –Webster’s Dictionary, hypothesis is a tentative
assumption made in order to draw out and test its logical or empirical consequences. It is the process of hypothesis
creation that has resulted in numerous “tests” of the same subject area resulting in differing conclusions. Theory
generates hypothesis, hypothesis do not create theory nor are they themselves theory.
Retroduction develops legitimate theory, whether that retroductive process results from the development of new
theory from existing theory or the development of new theory from the whole cloth of relevant knowledge (Thompson,
2006).
• Retroduction devises theory.
• Deduction explicates theory
• Induction evaluates theory.
A. INDUCTIVE THEORY
Developing an Inductive, or grounded, theory generally follows these steps
1. Research Design: Define your research questions and the main concepts and variables involved.
2. Data Collection: Collected data for your study using any of the various methods (filed research,
interviews, surveys, etc.)
3. Data Ordering : Arrange your data chronologically to facilitate easier data analysis and examination of
processes.
4. Data Analysis: Analyze your data using methods of your choice to look for patterns, connections and
significant findings.
5. Theory Construction: Develop a theory about what you discovered using the patterns and findings from
your data analysis.
7
6. Literature Comparison: Compare your emerging theory with the existing literature. Are there conflicting
frameworks, similar frameworks, etc.
B. DEDUCTIVE THEORY
John Dudovskiy in his book “ The Ultimate Guide to Writing a Dissertation in Business Studies” (2016),
presented the stages of deductive approach in theory development:
C. ADDUCTIVE THEORY
Abduction is a form of reasoning involved in both the generation and evaluation of explanatory hypothesis
and theories (Haig, 2005). The stages in this type of approach are:
1. Phenomenon Detection-According to Bogen and Woodard (1988; Woodward, 1989, 2000) as cited in
the book of Brain Haig entitled “ An Abductive Theory of Scientific Method”, it is claims about
phenomenon, not data, that theories typically seek to predict and explain and that, in turn, it is the
proper role of data to provide the observational evidence for phenomena, not for theories. Phenomena
are relatively stable, recurrent, general features of the world that, as researchers seek to explain.
2. Theory Generation- According to Remenyi (2018), it is also called as theory building by means of
analysing , synthesizing and organizing existing empirical findings on a topic coherent pattern using th
gathered data (Remenyi, 2018).
3. Theory Development- It is stimulated and facilitated through a selective interest in what does not work
in an existing theory, in the sense of encouraging interpretations that will allow a productive and non-
commonsensical understanding of an ambiguous social reality (Alvesson, 2011).
4. Theory Appraisal- It involves accepting a theory when it is judged to provide a better explanation of
the evidence that its rival do. It also adheres to the use of interference to the best explanations in order
to adjudicate between well-developed, competing theories (Thagard, 1988 as cited by Haig 2005).
Jonathan Swift as cited in the book of Cathy Scott (2017) entitled “The Crime Book: Big Ideas Simply
Explained”, stated that laws are like cobwebs, which may catch small files, but let wasps and hornets break through.
This statement can be exemplified by a case that involved pioneering legal defense strategies, i.e. the 1843 case of
Daniel M’ Naghten, the first of its kind in UK legal history. M’Naghten was acquitted from a high profile murder charge
based on a criminal insanity defense and was remanded to a State Criminal Lunatic Asylum for the remainder of his
life (Scott, 2017).
Crime is a generic term which may be referred to as felony when it is punishable by the Revised Penal
Code, offense when punishable by the Special Law and misdemeanor when it violated an ordinance.
Crime based on the biblical point of view can be considered as a sin. When Eve chose to eat the forbidden
fruit despite the warning of God not to eat the fruit shows that man in nature is a sinner. We are created by virtue of
sin. Logically speaking, all crimes are sin, but not all sins are crimes, that is if there is no law punishing such act. For
example, it maybe a sin to get envious, “For where envy and self-seeking exist, confusion, and every evil thing are
there.”James 3:16, but it’s not a crime as long as you have not harmed anybody.
CONCEPTS
Crime is as old as mankind and is inevitable to a growing society. In fact, David Emile Durkheim (1958), a
French Sociologist once presented his referential construct society as “ but a disorganized dust of individuals”.
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THE NORMALITY OF CRIME
David Emile Durkheim maintained that criminal is a “normal” factor rather than a pathological one. He
indicates that crime is found in all societies and that “crime is normal because a society exempt from it is utterly
impossible”. The fundamental conditions of social organization logically imply it. Crime is not due to any imperfection
of human nature or society or any more than birth or death may be considered abnormal or pathological. It is all a
part of the totality of society. A society exempt from it (crime) would necessitate a standardization of the moral
concepts of all individuals which is neither possible nor desirable. In reality crime can disappear only when the
“collective sentiments” in a community reach such intensity that all persons concur in the same common values and
when “The horror of bloodshed becomes widespread and deep in those social strata from much murderers are
recruited.”
Durkheim maintains that crime is not only normal for society but that it is necessary. Without crime there
could be no evolution in law. If society is to progress, each person must be able to express himself. This however,
does not lead Durkheim to condone crime or “to present an apology for crime.” When he stated that crime is merely a
normal element, he viewed the whole of society as reality (Lunden, 1958)
Abrahamsen points out that the “T” factor is not simply “aggressive tendencies” since they are present in
all men. “T” also refers to aggressive inclinations of an indirect nature; for instance, projections, rebellious hostility
toward anyone, protest reactions, or excessive motor activity. A criminal act does not take place solely because of
the release of repressed aggression, but may occur also because the offender has built up a defense of aggression
which is expressed tangentially by projections, rejection of authority, protest reactions, etc.
“S” the situation, is an indeterminate factor in mobilizing the criminal act. As each person has a unique
psychological make –up, it follows that only he can achieve a particular aim in a given environment.
“R” the resistance to temptation, it is the ability to control one’s negative emotions, such as bad
temperament, anger, etc. According to Abrahamsen, personality reactions in criminals are by nature comparable to
those found in a disease.” He also claims that a higher incidence of psychosomatic disorder is to be found in the
family constellation of the offender than in the family member of psychotic or neurotic patients (Bates, 1949).
9
involved in campaigns for more enlightened approaches to be taken towards crime and the punishment given by the
justice systems at the time. Also the development of society craved new forms of legal regulation due to the fact that
there needed to be predictability in the system, as technology and properties in particular needed legal protection and
workers needed to be disciplined in a consistent way.
There were two main contributors to this theory of criminology and they were Jeremy Bentham and Cesare
de Beccaria. They are seen as the most important enlightenment thinkers in the area of ‘classical’ thinking and are
considered the founding fathers of the classical school of criminology. They both sought to reduce the harshness of
eighteenth century judicial systems, even though coming from different philosophical stances. Jeremy Bentham was
a founder of English utilitarianism. Bentham thought that human beings are hedonistic and act only in their own self-
interest. Utilitarianism also considered rational courses of action when people pursue own interests. Utilitarian
teachings are an important part of criminal-justice ethics today.
Bentham’s contribution to ‘classical’ theory is based on the fact that he was a utilitarian, interested in the
happiness and well- being of the population and therefore believing that punishment, in the form of the infliction of
pain, should always be justified in terms of a greater good. At the heart of Bentham’s writing was the idea that human
behavior is directed at maximizing pleasure and minimizing pain, (the pleasure-pain principle).
Bentham believed that crime was committed on the outset, by individuals who seek to gain excitement,
money, sex or anything of value to the individual.
Beccaria (1764/1963: 93) stated that; ‘It is better to prevent crimes than to punish them’.
This is at the heart of the classical school of criminology. Beccaria believed that laws needed to be put into
place in order to make punishments consistent and in line with the crime. He believed that crime prevention in its
effectiveness is down to three main ideas, these being the certainty of the crime and how likely it is to happened, the
celerity of the crime and how quickly the punishment is inflicted and also the severity of the crime, and how much
pain is inflicted. Beccaria thought that the severity of the penalties given should be proportionate to the crime
committed and no more than what is necessary in order to deter the offender and others from committing further
crimes.
Classical thinking says that criminals make a rational choice, and choose to do criminal acts due to
maximum pleasure and minimum pain. The classical school says criminals are rational, they weigh up the costs and
therefore we should create deterrents which slightly outweigh what would be gained from the crime. This is the
reason behind the death penalty being viewed by classical thinkers such as Beccaria and Bentham as pointless,
because there would be no deterrent. However when considering manslaughter, as Bentham also believes, if the
severity of the punishment should slightly outweigh the crime then surely capital punishment should be used, there
doesn’t seem to be any stronger a deterrent to other criminals thinking of undertaking the same criminal behavior,
than seeing another eradicated due to their actions.
Classical thinking has had a significant impact on criminological thinking in general and perhaps a greater
impact on criminal justice practice.
In Europe and America the idea of punishments being appropriate to the nature of the crime has become a
foundation for modern criminal justice systems.
Since the introduction of the classical school of criminology and classical thinking, the use of capital
punishment, torture and corporal punishment has declined. Neither Beccaria nor Bentham believed in the death
penalty, apart from, Bentham argued, in the case of murder.
The second half of the eighteenth and nineteenth centuries also saw the establishment and growth of the
prison, as a major system of punishment, the idea and concept of prison was to take punishment away from the body
and instead punish the mind and soul, and these are the keys to changing a person’s outlook and views of their
criminal behaviors.
Many elements of classical ideas are very useful in modern society and these show the strengths that the
theory does have. Deterrence continues to underlie all judicial systems and indeed underpinned the principles of the
first commissioners of Sir Robert Peel, in the creation of the Metropolitan police. Prisons are also used as major
deterrents and also to try and reduce rates of crime.
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However a great weakness of the classical school of criminology is, the idea stemming from classical
thinking that all criminals are rational is not generalizable to the whole population nor is it entirely valid, due to the fact
that there may be biological factors stopping an individual from being able to think and behave rationally. Therefore it
may not be the particular choice of the individual as they may have been born that way; they may not have the ability
to make a rational decision due to a mental illness such as schizophrenia. They may be disorientated or even
drugged which affects the brain functioning and therefore any behaviors, resulting in an individual becoming
irrational. Also, if people act due to principles of rationality and free will then why is it that the poor are predominating
in the criminal justice system, classical thought doesn’t include factors of necessity in order to survive. As Jeffrey
Reiman (1979) said; “the rich get richer and the poor get prison”
White and Haines (2004) said that the classical school of criminology has 3 main challenges to it. Firstly;
how to make such ideas serve the interests of justice and equality when faced with a particular defendant in court.
(Not all criminals appear to be acting rationally and of free will) Secondly; that for criminal justice bureaucracies such
as the police, growing efficiency may not always be compatible with an emphasis on equal justice, as their gain is to
decrease crime rates. Thirdly a power issue, the rationalization of the legal system potentially means some reduction
in their power, which may backfire in terms of being a deterrent.
In late 19th century the classical school came under criticism by a form of scientific criminology which
emerged due to Darwin’s great works being published between 1850 and 1870, this therefore had a profound effect
on scientific thought and individuals views of human behavior.
Classicism defines the main object of study as the offence. The nature of the offender was defined as being
free-willed, rational, calculating and normal. The classical thinking response to the crime was to give punishment that
is proportionate to the offence.
The Positivist school of criminology however opposes this classical school of thinking, positivism states that
the object of study is the offender, and that the nature of the offender is driven by biological, psychological and
pathological influences. Their response to the crime is that of giving a treatment of an indeterminate length,
depending on individual circumstances.
Unlike classicism, positivism views criminal behavior as irrational and perhaps due to a problem (biological,
physical or psychological) that an individual has, therefore they are partially relieved of the crime they committed.
Cesare Lombroso is related to much positivist thinking, as a psychiatrist he looked at criminals as being
throwbacks to a more primitive stage of human development, he compared physical features of criminals and related
them to more primitive stages of mankind and formed a prediction based on measurements of skulls and main
physical features, of how certain criminals look. Lombroso’s thinking clashed with that of classical thinking, saying
that criminals were born not made, and they are not rational as they reproduce thoughts similar to that of inferior
humanity.
The differences between the thinking behind both the classical school of criminology and the positivist
school of criminology highlight the strengths and weaknesses that are associated with both. The classical school has
much less biological fact and figures backing up its views, however it has proven successful in reducing crime rates
and in providing a deterrent and a way in which to successfully contain individuals who rebel against the system.
Unlike positivism which doesn’t have any form of punishment, just a form of treatment, the classical school
shows criminals that they cannot behave in certain ways in order to maximize their pleasure and minimize pain if it
involves breaking the law, it does this successfully because the punishment that is given is more than that of the
pleasure that they would receive. Therefore, as rational thinkers, individuals contemplating criminal behaviors would
not do so due to the laws set in place to deter the behavior.
However, the main weakness of the classical school of criminological thinking is that it considers all
criminals to be rational and make decisions by free will, but not all individuals are rational and not all their behaviors’
are free, as if an individual had a mental illness or a physical defect, this may totally change the way in which they act
and think.
The social construction of crime has changed over time; feudal and religious influences have changed, and
affected the criminological theory used.
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When the Classical school developed it was in a time of major reform in penology, there were many legal
reforms at the time due to the French revolution and the legal system was developed in the united states, which
would have had an effect on the united kingdom making an increased effort to set laws on crime in stone.
As modernity has progressed so has the development of the judicial systems, if positivism was used as the
main criminological thinking then these systems wouldn’t exist because positivism uses treatments to the criminal in
order to solve crime. This could be why the classical school of criminology has been so influential and still is,
because it protects various organizations set out to remove crime and it also provides a good theoretical basis on
which more recent theories have been developed.
Positivists were obsessed with behavioral prediction and classicist with a crime explanation. Neoclassical
crime theory sought to improve the stances towards perpetrators who should have an impact on the level of guilt and
severity of punishment. Not all perpetrators should be treated in the same fashion, because the evident differences
exist among them. Crime is a result of many conditions that have ultimately influenced on the perpetrators to commit
it. Representative of neoclassical criminology theory, Gabriel Tarde published the book "Penal philosophy" in 1890.
Gabriel Tarde was a French sociologist and founder of neoclassical criminology school. In his book Tarde criticizes
classical and positivist criminology and takes the best from both criminology. Neoclassical criminology theory
considers age, gender and social class of the perpetrators. The perpetrators are people who think, feel, act and
criminal behavior is learned within groups by imitation and identification.
The Positivist School was founded by Cesare Lombroso and was led by two others; Enrico Ferri and
Raffaele Garofalo. In criminology, the Positivist School has attempted to find scientific objectivity for the
measurement and quantification of criminal behavior. The Positivist School had a method that was developed by
observing the characteristics of criminals to observe what may be the root cause of their behavior or actions.[1] Since
the Positivist's school of ideas came around, the research revolved around its ideas has aided in identifying some of
the key differences between those that are "criminals" and those that are not. As the scientific method became the
major paradigm in the search for knowledge, the Classical School's social philosophy was replaced by the quest for
scientific laws that would be discovered by experts. It is divided into Biological, Psychological and Social.
Cesare Lombroso (1835-1909), an Italian criminologist who founded the said school once explained that
criminals commit crimes because they are mentally-ill, sick and disturbed individuals; that is why they need to be
treated instead of being punished. But this was commented by Sheldon Glueck, a Polish American criminologist
when he said “ A sick person has a right not to be treated; it is only when he becomes contagious that he may be
quarantined.” Known as the Father of Criminology, Lombroso put his many years of medical research to use in his
theory of criminal atavism the idea that criminals manifest physical anomalies that make them biologically and
physiologically similar to our primitive ancestors, savage throwbacks to an earlier stage of human evolution. He is
also the “Father of Criminal Anthropology.” He studied the remains of executed individuals who had been
convicted of crimes and came up with the theory of born criminal which stated that criminals are a lower form of
life, nearer to their apelike ancestors than non-criminals in traits and disposition.
Raffaele Garofalo (1851-1934), an Italian criminologist and a student of Cesare Lombroso noted that the
concept of a “criminal” presupposes the concept of “crime.” He observed that although the naturalists speak. The
positivist’s rejection of the legal definition was based on the idea that for scientific purposes the concept of crime
cannot be accepted as a legal category, since the factors which produce the legal definition are contingent and
capricious. However, Garofalo, like many of his contemporary criminologists, didn’t accept his teacher’s view
regarding physical traits (e.g. big forehead or large head); rather he linked criminal behavior to a defect in their
physiologic al make up. He also traced the roots of criminal behavior not in the individual’s physical features but to
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their psychological equivalents, which he called “moral anomalies.” Garofalo defined crime, not as a violation of a
law, but as a violation of nature. An act was a crime if it violated human nature in either of two forms: probity, which
is honesty and integrity, and pity, which is compassion for others (Jeffery, 1959).
Enrico Ferri (1856-1929), a highly successful trial lawyer and perhaps Italy’s perhaps greatest
contemporary forensic orator, stated that “crime must be studied in the offender and said that “ a person is legally or
socially responsible for his actions by the fact that he is a member of society, not because he is capable of willing an
illegal act.” He went for a year to Turin to study with Lombroso and his student, visited prisons, mental hospitals, and
laboratories.” Ferri said that a man was sentenced, not according to the seriousness of the offense, but according to
the factor or factors which motivated him to commit a crime. He argued that criminals should not be held morally
responsible for their crimes, because they did not choose to commit crimes but were rather were driven to commit
crimes due to economic, social and political factors (moral responsibility). The purpose of criminal justice was to
afford maximum protection or defense of society against the criminal. The defense of society was placed above the
rights of individual and recommended penal colonies, indeterminate sentences, hospitals, scientifically trained
judges, and the abolition of juries (Jeffery, 1959). The Italian or Positivist School’s main notion is that, “Let the
punishment fit the criminal.”
CONCEPTS:
CLASSICAL PERSPECTIVES
The Classical perspective views crime as a product of situational forces; that crime is a function of freewill
and personal choice. It emphasized that the purpose of punishment is mainly to deter the occurrence of crime.
Three principles of punishment that became the trademark of Beccaria’s classical deterrence
doctrine:
1. Swift- pertains to punishment which must be swift to be effective. According to Merriam-Webster’s
dictionary, swift means occurring suddenly or within a very short time.
2. Certain- refers to the idea that people must know they will be punished for their illegal behavior- that
they cannot evade the strong arms of the law, and that no one may take as substitute for the
punishment of the one who violated the law.
3. Severe- pertains to punishment that is severe enough to outweigh the rewards of the illegal action-
severity and proportionality are sometimes at odds especially since each person is different in terms of
what constitutes a “severe” punishment. It also stressed out that crime problem could be traced not to
bad people but to bad laws (Adler et al., 2012).
BIOLOGICAL PERSPECTIVE
The biological perspective regarded crime as the product of internal forces. The focus of the perspective is
mainly on the individual person itself. It may answer the question of why a person becomes criminal.
PROCESS PERSPECTIVE
The process perspective claimed that crime is a product of socialization or interaction of one person to
another, and that crime is a function of upbringing, learning and control.
CONFLICT PERSPECTIVE
It stressed out the causes of crime based on economic and political forces. According crime perspective,
crime is a function of competition for limited resources and power. Law is a tool of the ruling class in order to control
the lower class. It is designed to protect the wealthy people. Crime is a politically defined concept.
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BIOSOCIAL PERSPECTIVE
It sought to explain the onset of anti-social behavior such as aggression and violence by focusing on the
physical qualities of the offenders. It concentrated mainly on the area of focus: biochemical (diet, genetic,
hormones, and environmental contaminants), neurological (brain damage), and genetic (inheritance) (Siegel,
2007).
PSYCHOLOGICAL PERSPECTIVE
It expressed that criminal behaviour was the product of “unconscious” forces operating within a person’s
mind, and that conflicts occurring at various psychosexual stages of development might impact an individual’s ability
to operate normally as an adult. Hence, if the aggressive impulse is not controlled, or is repressed to an unusual
degree, some aggression can “leak out” of the unconscious and a person can engage in random acts of violence
(Bartol, 2002)
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LESSON III
EXPLORING THE BIOLOGICAL THEORIES OF CRIME
CAUSATION
TOPICS
1. Biosocial Theory
2. Evolutionary Theory
3. Arousal Theory
4. Life Course Theory
5. Latent Trait Theory
6. Family Studies: Jukes and Kallikak Family
7. Somatotyping Theory
8. Physiognomy
9. Phrenology
10. Nature Theory
LEARNING OUTCOMES:
INTRODUCTION
Biological theories emphasized that criminal behavior results from a complex interplay of social and
biological factors. It attempts to explain behaviors contrary to societal expectations through examination of individual
characteristics. These theories are characterized by a paradigm called positivism (also known as determinism), which
states that behaviors, including law violating behaviors, are determined by factors beyond the control of an individual
(Siegel, 2007).
It viewed that both thought, and behavior have biological and social bases. Biosocial theorists believe that
it is the interaction between predisposition and environment that produces criminality. Children born into a
disadvantaged environment often do not have the social and familial support they need to overcome their handicaps.
Lack of family support can have long-term physical consequences.
Contemporary biosocial theorists seek to explain the onset of antisocial behaviors, such as aggression, and
violence, by focusing on the physical qualities of the offenders. Their research appear to be concentrated three (3)
distinct areas of study: biochemical factors, neurological dysfunction, and genetic influences (Siegel et al, 2007)
17
1. BIOCHEMICAL FACTORS - stress on the relationship between antisocial behavior and biochemical make up
and that body chemistry can govern behavior and personality, including levels of aggression and expression. For
example, exposure to lead in the environment and subsequent lead ingestion has been linked to antisocial
behaviors (Siegel et al., 2007)
1.1 Hormonal Levels- another area of biochemical research emphasizes that antisocial behavior allegedly
peaks in the teenage years because normal activity is at its highest level during this period. Research also
suggests that increased levels of the male androgen and testosterone are responsible for excessive levels
of violence among teenage boys.
2.1 Minimal Brain Dysfunction- is defined as the damage to the brain itself that causes antisocial behavior
injurious to the individual’s lifestyle and social adjustment. Children who manifest behavior disturbances
may have identifiable neurological deficits, such as damage to the hemispheres of the brain. One specific
type of MBD is Learning Disability, a term that has been defined by the National Advisory Committee on
Handicapped Children. Learning disability is neurological dysfunction that prevents an individual from
learning to his or her potential (Siegel et al, 2007)
3. GENETIC INFLUENCES - focus on the idea that individuals who share the same genes are alike in personality
regardless of how they are reared, while the rearing environment induces little or no personality resemblance.
The Father of Criminology, Cesare Lombroso often believed that antisocial behavior had a genetic basis based
on his theory that some people are “born criminals.” Some biological theorists, for example, stated that certain
violent traits-including psychopathy-may be inherited (Carey and Di Lalla, 1994).
3.1 Parent-Child Similarities- studies found out that parental criminality and deviance do, in fact, powerfully
influence delinquent behavior. Donald J. West and David P. Farrington (1986) made a study and they
found out that a significant numbers of delinquent youths have criminal fathers. West and Farrington’s
study has been supported by Rochester Youth Development Study. The latter found an intergenerational
continuity in antisocial behavior, that is, criminal fathers produce delinquent sons who grow up to have
delinquent children themselves (Siegel et al., 2007).
3.2 Sibling and Twin Similarities- Biosocial theorists have compared the behavior of twins and non-twin
siblings and found out that the twins , who share more genetic material, are also more similar in their
behavior. When comparing identical monozygtic (MZ) twins with same-sex fraternal dizygotic (DZ) twins,
they found out that the former have an identical genetic make-up, while the latter share only about 50% of
their genetic combinations. Reviews of twin studies found that in all cases, MZ twins had delinquent and
antisocial behavior patterns more similar than that of DZ twins (Siegel,et al., 2007).
3.3 Adoption Studies- Sarnoff Mednick and Bernard Hutchings (1983) force to conclude based on their study
the genetics played atleast some role in creating delinquent tendencies. They found that adoptees share
genetics many of the behavioral and intellectual characteristics of their biological parents despite the social
and environmental conditions found in their adoptive homes (Siegel et al, 2007).
Evolutionary theory is a broad based view that certain types of sexual behavior are genetic and passed
down from one generation to another through the process of evolution, natural sex, and survival. This theory
separates into two types to explain violent crime and sexual pleasure. Rushton’s theory of race and evolution as well
as Barash’s studies of human and animal nature help to explain violent and sub-sexual crime. R/K theories and
Cheater theories are defined to help explain sexual crimes such as rape. These three were the top most plausible
18
theories that contribute to the evolutionary theory in attempt to explain criminal behavior. These three theories that
construct to make up the theory of evolutionary crime are explained in the following.
J. Phillippe Rushton’s theory of race and evolution explains about the origin of human evolution. According
to Rushton humanity began in Africa about 200,000 years ago and migrated outward toward what is known now as
Europe and Asia. In his theory he stated that as the further north the early humans traveled the more exposed to the
colder climates and their evolution began to change in response to their surroundings. He stated that as a result their
brain mass increased and developed slower rates of maturation and sexual hormones. The need for stability also
became a factor of survival in the harsher climate. The winters were longer and colder, driving the need for food
storage and stability between male and female relations to ensure the survival of their offspring. This theory stands to
validate the drives behind petty theft and crimes in poor districts. Not much has changed from modern day slums and
desperate attempts of poorer people to the survival tactics of the early humans almost two hundred thousand years
ago. Yet the methods are different. Early humans used primitive forces in which to kill and they only killed for food.
Today modern society no longer needs to hunt for food in the wild, but rather in the streets. A person may steal food
from a store to feed himself or his family. The use of weapons is obsolete unless an obstacle becomes present that
will hinder them from achieving their goal. Petty shoplifting usually derives of this force for the lower class and
poverty levels. However, his theory has received numerous critical debate because this theory does not explain
organized and white collar crime. One particular criminologist, Michael Lynch, argued that Rushton ignores the fact
that men are much more criminal than women even though there is little evidence to support the differences in
intelligence or brain size between men and women.
The second theory is the R/K theory. This is derived from the theory of the evolution of the human
species. R stands for the growth rate while K represents the caring capacity. R and K have no real definition, in fact
they are algebraic representations for the equation of Verhulst’s population dynamics. In accordance with the
evolutionary theory of crime it is believed that all organisms are located along a continuum based upon their
reproductive drives. In this theory, those along the R line are in the rapidly reproducing category. They care little of
their offspring and reproduce as many times as possible to ensure their legacy’s survival. This in turn is used to
describe rape cases as the R trait is most commonly seen in male genders. At the other end of the spectrum is the K
organisms. These organisms reproduce slowly and place great responsibility and care in their offspring. Evolutionary
theorists believe that all males lean toward the R factor for the reason that they can reproduce faster and do not have
to invest a lot of time into their offspring. Females are categorized on the K spectrum. They reproduce slower and
place great time and effort into their children. Under this theory, R/K selection explains crime as those under the R
spectrum tend to be more deceptive and cunning, thus males tend to partake in more criminal behavior and in
general commit more violent crimes than those along the K spectrum. R/K Theory is believed to be the underlying
theory for cases of rape, women brutality, and domestic abuse. It explains the male’s need for dominance and the
drive behind sexual related crimes, this explains why rape is mainly a male crime with few female convicts as they do
not fit the R category. Females tend to be more nurturing toward their offspring and carry a specific trait that prevents
them from reproducing as fast as males, hence sexually oriented crimes are by far committed by males.
The third theory is known as the Cheater’s theory. This theory is designed to explain adultery and
criminal actions such as crimes of passion. According to this theory it is believed that a subpopulation of males were
evolved with genes that leaned them more toward sexual reproduction with little involvement in the offspring’s care.
Their sole purpose was to be sexually active with as many females as possible to spread their genes into as many
offspring to ensure their survival. These types of males are cunning, deceptive, and resourceful. They resort to
mimicking and various other resources to gain sexual conquest with eligible females that may be able to support their
offspring with as little involvement by the father as possible. This is believed to lead to future generations of children
to produce low self-esteem, lower intelligence, and aggressive behavior. Thus, ultimately leading to criminal intent
and behavior. In accordance with evolutionary theory Dr. David P. Barash, a professor of Psychology at the
University of Washington at Seattle, conducted research with his co-worker Judith eve Lipton on the evolution of the
male gender in association with violence. In their studies they found that professions that involved violence such as
soldiers, executioners, hunters, and slaughter house workers were overwhelming male. This would revert back to
Rushton’s theory of race and evolution, showing that ever since the early man it has always been the male that has
provided for the females, thus the male would have to display violence to obtain survival necessities. Even today it is
still a common stereotype believed in modern society, the male is the breadwinner while the female is the
homemaker. This tradition has been sent since early man and is believed that when threatened, crime happens. This
would explain crimes against women such as rape, battery, slander, and discrimination.
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TOPIC 3: AROUSAL THEORY
According to Arousal Theory, peoples’ brains function differently in response to environmental input. In
general, people attempt to maintain an optimal level of arousal. Too much stimulation causes anxiety and fear, while
too little stimulation leads to boredom and depression. However, individuals also differ dramatically with respect to
their cognitive ability to process environmental stimuli. In other words, some people feel comfortable with very little
stimulation, while others require a high level of environmental input. These “sensation-seekers” or “thrill-seekers” are
much more likely to engage in a wide variety of risky activities – including violent behavior. Unfortunately, all the
factors that determine an individual’s optimal level of arousal have not yet been determined. Possible sources include
brain chemistry (including serotonin levels) and brain structure (see reviews in Raine et al., 1997; Ellis, 2005;
Fishbein, 2001; Ellis, 1996).
Latent Trait is defined as a stable feature, characteristic, properly, or condition, such as defective
intelligence, impulsive personality, genetic abnormalities, the physical-chemical functioning of the brain and
environmental influences on brain function such as drugs, chemicals and injuries that make some people
delinquency prone over the life course.
Latent theorists such as David Rowe, Wayne Osgood and Alan Nicewander (1990) focus on basic human
behavior and drive such as attachment, aggression, violence and impulsivity-all linked to antisocial behavior patterns.
They recognized that human alone do not produce criminality and that is a combination of environmental factors such
as family life, educational attainment, economic factors, and neighborhood conditions. Physical or mental traits are
therefore, but one part of a large pool of environmental, social and personal factors that account for criminality. Some
people may have a predisposition toward aggression, but environmental stimuli can either suppress or trigger
antisocial acts (Siegel, 2011). One example is when a person has an impulsive personality. This person may
somehow commit crime because he acts in an impulsive manner like when he suddenly draws his gun aiming to his
enemy but unfortunately he hit another person.
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TOPIC 6: FAMILY STUDIES: JUKES AND KALLIKAK FAMILY
JUKES FAMILY
Advocates of the inheritance school, such as Henry H. Goddard (1866-1957), Richard L. Dugdale (1841-
1883), and Arthur H. Estabrook, traced several generations of crime-prone families (referred to by pseudonyms
such as the “Jukes” and the “Kallikaks”), finding evidence that criminal tendencies were bases on genetics. Their
conclusion: traits deemed socially inferior could be passed down from generation to generation through inheritance
(Siegel, 2011).
According to the story told Richard Louis Dugdale in his books, “The Jukes”: A Study in Crime Pauperism,
Disease and Heredity and Further Studies of Criminals, stated the origin of the stock of the “Jukes”, there was hunter,
a fisher, a hard drinker, and a jolly- man named Max who was also a descendant of the Dutchess settler. Two of
Max’s sons married two out of the six Jukes sisters. The whereabouts of the sixth sister is nowhere to be found. Of
the five that are known as “Margaret, the mother of criminals”. Ada Juke had one bastard son, who is the
progenitor of the distinctively criminal line.
Dugdale as cited in Adler (2010) found out that among the thousands of the Jukes descendants, there were
280 paupers, 60 thieves, 7 murderers, 40 other criminals, and the other 40% of the sons have venereal diseases.
With that, Dugdale (1841-1883) made some tentative inductions based on his study of the Jukes family line when it
comes to committing crime:
1. The burden of crime is found in the illegitimate lines;
2. The legitimate lines marry into a crime;
3. The eldest child has a tendency to be the criminal of the family;
4. Crime chiefly follows the male line; and
5. The longest lines of crime are along the line of the eldest.
Arthur H. Estrabook working out of the Eugenics Record Office at Cold Spring Harbor, New York gave a
picture of the Juke in 1915, almost forty years after Dugdale. Estrabook says that they have the “same” traits of
feeble mindedness, indolence, dishonesty and licentiousness. He says this is because wherever they go they tend to
marry persons like themselves. When they marry into better families they show stronger restraint (Foxe, 1945)
KALLIKAK FAMILY
Dr. Henry H. Goddard (1866-1957), a prominent American psychologist together with Elizabeth S. Kite
conducted a study entitled the “Kallikak Family: A Study in the Heredity of Feeblemindedness, “ wherein they traced
the family tree of revolutionary war soldier with the “pseudonym Martin Kallikak, Sr.” The former had an illegitimate
son named as Martin Kallikak Jr. From Martin Kallikak, Jr. have come 480 descendants: 143 were or are feeble-
minded, while only 46 have been found normal. The rest are unknown or doubtful. Among these 480 descendants,
36 have been illegitimate. There have been 33 sexually immoral persons, mostly prostitutes. There have been 24
confirmed alcoholics, 3 epileptics, 82 died in infancy, 3 criminals, and 8 kept houses of ill fame. These people have
married into other families, generally of about the same type, so that we now have on record or charted eleven
hundred and forty six individuals. Of this large group, Goddard have discovered that 262 were feeble-minded, while
197 are considered normal, the remaining 581 being still undetermined (Goddard, 1916). Kallikak, Jr. is the great –
great grandfather of Deborah, an 8 year old girl who was interviewed by Goddard. Deborah gained admission at the
Training School at Vineland because she did not do well at school and might possibly be feeble-minded.
Somatotyping is a theory which associates body physique to behavior and criminality; it began with the work
of German psychiatrist neurologist, psychopathologist, Ernst Kretschmer (1888-1964) who constituted three
principle types of body physiques:
1. The asthenic –lean , slightly built, narrow shoulders;
2. The athletic-medium to tall, strong, muscular, coarse bones; and
3. Pyknic-medium, height, rounded figure, massive neck and broad face (Adler et al., 2010)
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Since Kretschmer was a psychiatrist, he related these body shapes to various psychiatric disorders:
pyknics to manic depression.
Manic depression according to Merriam-Webster’s Dictionary refers to any of several psychological
disorders of mood characterized usually by alternating episodes of depression and mania. It is also known as bipolar
disorder. On the other hand, he related asthenic and athletic to schizophrenia. Schizophrenia is a mental disorder
that is characterized by disturbances in thought (such as delusions), perception (such as hallucinations), and
behavior (such as disorganized speech or catatonic behavior), by a loss of emotional responsiveness and extreme
apathy, and by noticeable deterioration in the level of functioning in everyday life. It is also called dementia praecox
(Merriam-Webster’s Dictionary).
ERNEST A. HOOTON
He examined the relationship between personality and physical type with regards to criminal behavior.
Hooton (1887-1954), AN American physical anthropologist believed in Cesare Lombroso’s theory of the born
criminal, according to which criminals could be identified based on their physical characteristics. Through his own
research surveying American criminals, Hooton tried to find evidence supporting Lombroso’s theory suggesting that
criminals have inferior characteristics compared to people who do not commit crimes. He classified those
characteristics into sociological, psychological, physical, morphological, and pathological areas. According to Hooton:
• Criminals are less often married and more often divorced
• Criminals often have tattoos
• Criminals have thinner beards and body hair, and their hair is more often reddish-brown and
straight.
• Criminals often have blue-gray or mixed colored eyes, and less often dark or blue eyes.
• Criminals have low sloping foreheads, high nasal bridges, and thin lips.
• Criminal’s ears often have rolled helix and a perceptible Darwin’s point.
He suggested that human somatotype (body shape and physique) can even determine which type a crime a
person will commit:
Since he believed that biological predispositions determine deviant behavior, Hooton advocated the removal
of criminals from society, seeing no hope in their rehabilitation.
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TOPIC 8: PHYSIOGNOMY
The term physiognomy comes from the Greek words physis, meaning “nature,” and gnomon, meaning “to
judge or to interpret.” It refers to the evaluation of a person’s personality or character (i.e., his or her nature) through
an examination of that person’s outward appearance. Early physiognomy concentrated on characteristics of the face
through which to judge the person’s nature. Aristotle, a Greek philosopher who lived from 384 to 322 BCE, was a
proponent of physiognomy, as were many other ancient Greeks. The practice flourished in many areas of the world
and was taught in universities throughout England until it was banned by Henry VIII in 1531.
The publication of On Physiognomy in 1586 by Italian scholar Giambattista della Porta once again brought
renewed focus to this belief and practice of the ancient Greeks. Della Porta, often considered the first criminologist,
examined patients during his medical practice and concluded that appearance and character were related. He
approached the study of this relationship from a magico– spiritualistic metaphysical perspective instead of a scientific
one, classifying humans on the basis of their resemblance to animals. For example, men who look like donkeys are
similar to donkeys in their laziness and stupidity; men who resemble pigs behave like pigs.
Della Porta’s ideas were extremely influential to Johann Kaspar Lavater, a Swiss pastor who published his
painstakingly detailed study of facial fragments in 1783. He concluded that one could determine criminal behavior
through an examination of a person’s eyes, ears, nose, chin, and facial shape.
TOPIC 9 : PHRENOLOGY
Phrenology, from the Greek words phren, meaning “mind,” and logos, meaning “knowledge,” is based on
the belief that human behavior originated in the brain. This was a major departure from earlier beliefs that focused on
the four humors as the source of emotions and behaviors: (1) sanguine (blood), seated in the liver and associated
with courage and love; (2) choleric (yellow bile), seated in the gall bladder and associated with anger and bad
temper; (3) melancholic (black bile), seated in the spleen and associated with depression, sadness, and irritability;
and (4) phlegmatic (phlegm), seated in the brain and lungs and associated with calmness and lack of excitability.
Theoretically and practically relocating responsibility for behavior from various organs to the brain represented a
major step in the development of the scientific study of behavior and in the development of biological explanations of
crime and criminality.
Around 1800, Franz Joseph Gall, a German neuroanatomist and physiologist who pioneered study of the
human brain as the source of mental faculties, developed the practice of cranioscopy, a technique by which to infer
behaviors and characteristics from external examination of the skull (cranium). According to Gall, a person’s
strengths, weaknesses, morals, proclivities, character, and personality could be determined by physical
characteristics of his or her skull.
Gall mapped out the location of 27 “brain organs” on the human skull. A bump or depression in a particular
area of the skull would indicate a strength or weakness in that particular area. For example, several areas of Gall’s
map of the skull were believed to correspond to that person’s tendencies to engage in criminal or deviant acts. One
area corresponded to the tendency to commit murder; another area corresponded to the tendency to steal. Although
not widely accepted in Europe, the English elite (and others) used Gall’s ideas to justify the oppression of individuals
whose skulls had bumps or depressions in the wrong areas. The practice also was widely accepted in America
between 1820 and 1850. Although crude, and somewhat ridiculous by today’s standards, Gall’s efforts had significant
23
impact on subsequent research that attempted to identify the brain as the origin of behavior. Although similar to
physiognomy in that it tried to make inferences about character and behavior from outward characteristics,
cranioscopy attempted to correlate those outward physical characteristics to internal physical characteristics (i.e.,
brain shape), which was a significant advance.
Spurzheim, a German physician and student of Gall’s, actually coined the term phrenology to replace
cranioscopy. Spurzheim also expanded the map of the brain organs, developed a hierarchical system of the organs,
and created a model “phrenology bust” that depicted the location of the brain organs.
While the German scientists were focusing attention on the brain as an important determinant of individual
behavior, various other scholars were theorizing about the development of man as a biological organism; about the
nature of social and political organizations; and about the place of man, as an individual, within those organizations.
The synthesis of these ideas would significantly advance the progress of research related to biological perspectives
of behavior.
Nature Theory holds that low intelligence is genetically determined and inherited. This was supported by
Henry H. Goddard in his studies in 1920 that many institutionalized people were what he considered “feebleminded”
and concluded that atleast half of all juvenile delinquents were mentally defectives. In similar vein, William Healy and
Augusta Bronner tested a group of delinquents in Chicago and Boston and they found out that 37 percent were
subnormal in intelligence. Bronner and Healy concluded that delinquent boys were 5 to 10 times more likely to be
mentally deficient than dutiful boys. Thus, many criminologists agreed the predisposition of substandard individuals
toward delinquency (Siegel et al., 2007).
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LESSON IV
DETERMINING THE CLASSICAL THEORIES OF CRIME
CAUSATION
TOPICS
1. Rational Choice Theory
2. Routine Activity Theory
3. Lifestyle Theory
4. General Deterrence and Specific Deterrence Theory
5. Victim Precipitation Theory
6. Incapacitation Theory
LEARNING OUTCOMES:
In criminology, the Classical School refers to the 18th-century work during the Enlightenment by
the utilitarian and social-contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the
system of criminal justice and penology and indirectly, through the proposition that "man is a calculating animal", in
the causes of criminal behavior. The Classical School of thought was premised on the idea that people have free
will in making decisions, and that punishment can be a deterrent for crime, so long as the punishment is proportional,
fits the crime, and is carried out promptly.
Rational choice theory (RCT) likely finds its modern home in an article written by the Nobel-Prize-winning
economist Gary Becker (1968). The position of RCT is that criminal behavior is no different from noncriminal behavior
in that it is conduct that persons intentionally choose to undertake (i.e., they are not compelled or forced to do crime),
and the reason that they choose to commit crime is that they think it will be more rewarding and less costly for them
than noncriminal behavior.
There are many theories about what causes people to begin to commit, continue to commit, and desist from
committing crimes (Kubrin, Stucky, & Krohn, 2009). Some of these theories assert that crime is due to a collection of
personality traits that incline a person to commit crimes (Wilson & Herrnstein, 1985); some scholars argue that crime
occurs when people are led by their culture to want something, such as monetary success, but are denied access to
the means to achieve these things (Agnew, 1992); and still others claim that crime occurs when people get socialized
into cultures, subcultures, or groups that either actively promote or at least openly tolerate criminal behavior (Nisbett
& Cohen, 1996). A deterrence, or rational choice theory of crime (let’s call it RCT), is none of these things, and
because deterrence theory can be considered a subtype of RCT, this research paper’s discussion will mostly focus
on the latter.
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Deterrence can be thought of as a subtype of RCT because
they share a great deal of common conceptual ground, with RCT being a more general theory than deterrence.
Deterrence theory argues that criminal acts are inhibited or deterred because of the punishment that can be
associated with crime (Andenaes, 1974; Zimring & Hawkins, 1973). For example, when someone thinks about
committing a crime but refrains from doing so because he fears that he might get arrested, that person is said to be
deterred by the fear of a sanction or penalty, in this case, an arrest. This is an example of general deterrence.
General deterrence occurs when someone who has not yet been punished refrains from committing a crime
because of the punishment he or she may receive should he or she get caught (Andenaes, 1974). In this case, what
deters the would-be offender from committing crime is the fear of a formal or legal punishment. When someone just
released from prison contemplates committing another crime but refrains from doing so because she fears going
back to prison if she is arrested and convicted, she too is said to be deterred by the fear of a sanction; in this case,
the sanction is imprisonment, which is another form of formal or legal punishment. This is an example of what is
called specific deterrence (Andenaes, 1974).
Specific deterrence occurs when a person who has just been punished refrains from committing a crime
because he or she fears another dose of punishment. In general deterrence, it is the threat of legal punishment that
inhibits criminal offending among people who have not yet been punished, whereas in specific deterrence the
inhibiting factor among those who have been punished is the threat of being punished again. Notice that any penalty,
such as imprisonment, can act as both a general deterrent when it leads the public to conform because of the threat
of prison should they commit a crime and as a specific deterrent when it deters an inmate just released from prison
from committing another crime.
Deterrence theory was originally developed in the 18th century by the legal/moral philosophers Jeremy
Bentham and Cesare Beccaria, who conceived of it in terms of the threat of formal legal punishment—the sanctions
or penalties that are applied by a state or some legal authority. Within the past 25 years, however, deterrence theory
has been expanded to also include nonlegal types of sanction threats, such as the threat of social censure by others
should one commit crime (i.e., the fear of embarrassment) or the threat of self-imposed punishment with feelings of
guilt and shame (Anderson, Chiricos, & Waldo, 1977; Grasmick & Bursik 1990; Grasmick, Bursik, & Arneklev, 1993).
If I refrain from committing crime because I think that others close to me will disapprove and reject me, and that fear
keeps me from committing crimes, then I am deterred, but by informal sanction threats, not by formal sanction
threats. Modern deterrence theory now considers formal (legal punishments, e.g., arrest, conviction, imprisonment)
and informal (social or self-censure) sanction threats as part of the theory.
Rational choice theory is much more broad and general than deterrence theory because it includes many
other factors besides the risk of formal and informal sanctions. The theories are alike, however, in the assumption
that human beings are rational and self-interested beings who are affected by the consequences of their
actions. Rational choice theory (RCT) likely finds its modern home in an article written by the Nobel-Prize-winning
economist Gary Becker (1968). The position of RCT is that criminal behavior is no different from noncriminal behavior
in that it is conduct that persons intentionally choose to undertake (i.e., they are not compelled or forced to do crime),
and the reason that they choose to commit crime is that they think it will be more rewarding and less costly for them
than noncriminal behavior. Let us break this last statement down carefully. RCT takes the position that offenders are
not compelled to commit crime because of some extraordinary motivation: Offenders do not have different
personalities than nonoffenders; neither were they socialized into a criminal belief or cultural system whose norms
require crime (Cornish & Clarke, 1986; Kubrin et al., 2009).
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In RCT, criminal offenders are actually no different than noncriminal offenders. Both willingly choose their
own behaviors, and both choose those behaviors on the basis of a rational consideration of the costs and benefits of
the intended action. The rational choice offender, then, is rational and self-interested and chooses to commit crime
on the basis of his assessment that it will be rewarding or profitable or satisfy some need better than a noncriminal
behavior. This last sentence contains a great deal of complexity and subtlety, so let us explore it in some detail.
This theory was created by Lawrence E. Cohen and Marcus K. Felson, based on their 1979 publication on
their seminal article “Social Change and Crime Rate Trends: A Routine Activity Approach.” They viewed that crime is
a “normal” function of the routine activities of modern living, that is, offenses can be expected if there is a motivated
offender and a suitable target that is not protected by capable guardians (Siegel et al., 2007)
Sometimes referred to as lifestyle has been proven to be one of the more useful theories for
understanding criminal victimization and offending patterns in the 20th and early 21st centuries. This
theoretical explanation is primarily focused on providing information regarding who is more or less
likely to be a crime victim.
Most useful and makes important contributions to social policy and by predicting conditions under
the victimization risks are enhanced and identifying patterns of social events associated with
criminal incidents (Cohen and Felson, 2010).
MOTIVATED
OFFENDERS
Unemployed
LACK OF CAPABLE Teenage Boys
GUARDIANS SUITABLE TARGETS
Gang Member
Police Officers Unlocked Homes
Home owners Expensive cars
Security Systems Easily Transported
Parents Goods
It was developed by Michael R. Gottfredson, Michael Hindelang, and James Garofalo in 1976.
Lifestyle theory holds that crime is a developmental process guided by an ongoing interaction between three
variables (incentive, opportunity, and choice). During each phase of the criminal lifestyle (initiation, transition,
maintenance, burnout/maturity), incentive, opportunity, and choice take on different values and meanings.
Existential fear serves as the incentive for the initiation phase of a criminal lifestyle. Once initiated, the incentive
for continued lifestyle involvement becomes a fear of losing out on the benefits of crime. By the time the individual
enters the third (maintenance) phase of a criminal lifestyle, incentive has changed once again, this time to a fear
of change. With the advent of the burnout/maturity phase of the criminal lifestyle, incentive has changed yet again,
this time to a fear of death, disability, or incarceration. Comparable transformations take place in opportunity and
choice.
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For example:
1. Someone with a gambling or substance addiction could be as an “easy victim” by a con artist.
2. Walking alone at night in a dangerous area, conspicuously wearing expensive jewelry, leaving doors
unlocked and associating with known criminals are other lifestyle characteristics that may lead to victimization.
Specific deterrence is a type of punishment that is meant to discourage future criminal behavior in a person
being charged with a crime. For example, specific deterrence is used to prevent an offender from committing the
same crime in the future. Punishments associated with specific deterrence may include fines, prison sentences, or
both, and the severity of the punishment typically determines the effectiveness of the deterrence. To explore this
concept, consider the following specific deterrence definition.
Noun
A punishment aimed at preventing an offender from engaging in criminal behavior again in the future.
Origin
1860-1865
What is Deterrence?
Deterrence refers to the act of discouraging people from engaging in criminal behavior. This is typically
done by assigning a suitable punishment for the behavior. While specific deterrence is customized for the individual
who committed a crime in particular, deterrence is intended to sway the general public as a whole from participating
in illicit behavior. Deterrence works to make people think twice about breaking the law.
This is how traffic laws work. When the public is aware that they will receive a ticket or, in some cases,
suspension of their licenses, for not obeying traffic laws, they are more likely to obey the laws and to drive carefully.
The traffic laws in this situation act as a general deterrence to prevent people from engaging in illegal activity while
behind the wheel.
Many times, judges will impose sentences that aim to provide both specific and general deterrence. This
way, not only are they dissuading the offenders before them from breaking the law again, but they are also sending a
message to the general public that this will be their punishment if they choose to commit the same or a similar crime.
Types of Deterrence
There are two main types of deterrence: (1) specific deterrence, and (2) general deterrence. Specific
deterrence is a type of deterrence that is aimed at the specific individual being charged with a crime. General
deterrence is a type of deterrence that is used to discourage the public at large from committing the same crime, or a
similar one, to that which was committed by the person being sentenced.
The objective of deterrence is to make the punishment harsh enough that the public will fear receiving a similar
punishment, and will be dissuaded from engaging in similar criminal behavior in the future.
Retributivism is a form of punishment that differs from deterrence. Instead, retributivism focuses on
handing down a punishment that is appropriate to the crime that was committed.
Specific Deterrence
The idea of specific deterrence is that, if an offender receives a severe punishment for his wrongdoings,
then he will not be tempted to commit a similar crime in the future. For example, specific deterrence dictates that, if
an armed robber receives a harsh sentence of eight years in prison, he will be less likely to commit armed robbery
again when he eventually gets out. However, research has shown that the effectiveness of specific deterrence varies
29
on a case-by-case basis. On a related note, the three strikes law is effective as a deterrent in that courts are
permitted to give out harsher sentences to offenders who have been convicted of three or more serious crimes.
General Deterrence
General deterrence focuses more on teaching the general public a lesson, rather than just the individual
being charged with the crime. The idea is that, if the individual is punished harshly, the public will see that harsh
punishment and be dissuaded from engaging in the same or similar activity. A good example of this is the death
penalty. When a criminal is sentenced to death for his crime, such a sentence may dissuade the general public from
committing the same or similar crime.
Retributivism
Retributivism is a legal theory that deals with assigning a punishment to an offender that fits his crime.
Retributivism differs from deterrence in that, while deterrence aims at preventing crime, retributivism is more
concerned about punishing people for the crimes they have already committed. Some punishments can be both
deterrents and retributive. For instance, an armed robber may receive a prison sentence of six to eight years, which
is a sentence that works to deter him from committing a similar crime in the future, and is also an appropriate
punishment to fit the crime.
30
parole system back in 2003, which means that a defendant who receives a life sentence has no possibility of being
released early, save for a rare exception to the rule.
Graham filed a motion in the trial court to challenge the sentence under the Eighth Amendment. However,
the motion was denied after the trial court failed to rule on it within the requisite 60-day timeframe. The First District
Court of Appeal of Florida affirmed the motion’s dismissal, holding that Graham’s sentence was not disproportionate
to the crimes he committed. Further, the court believed that Graham was incapable of being rehabilitated, that
despite having a strong family structure as his support, he rejected the second chance given to him by the trial court
and continued committing crimes “at an escalating pace.”
The U.S. Supreme Court granted certiorari to hear the case and, upon review, reversed the decision of the
First District Court of Appeal of Florida and remanded the case back to the lower court. Said the Court in its decision:
“The State contends that this study’s tally is inaccurate because it does not count juvenile offenders who
were convicted of both a homicide and a nonhomicide offense, even when the offender received a life without parole
sentence for the nonhomicide…This distinction is unpersuasive. Juvenile offenders who committed both homicide
and nonhomicide crimes present a different situation for a sentencing judge than juvenile offenders who committed
no homicide. It is difficult to say that a defendant who receives a life sentence on a nonhomicide offense but who was
at the same time convicted of homicide is not in some sense being punished in part for the homicide when the judge
makes the sentencing determination. The instant case concerns only those juvenile offenders sentenced to life
without parole solely for a nonhomicide offense.”
The Court concluded its decision by saying:
“The Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit
homicide. A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must
provide him or her with some realistic opportunity to obtain release before the end of that term.”
▪ Felony – A crime, often involving violence, regarded as more serious than a misdemeanor. Felony crimes are
usually punishable by imprisonment more than one year.
▪ Misdemeanor – A criminal offense less serious than a felony.
▪ Writ of Certiorari – An order issued by a higher court demanding a lower court forward all records of a specific
case for review.
This theory viewed that some people may actually initiate the confrontation that eventually leads to their injury
or death. It was first presented by Hans Von Hentig (1941) and applies only to violent victimization. Its basic premise
is that by acting in certain provocative ways, some individuals initiate a chain of events that leads to their death
(Walsh, 2012).
Example: A wife who was able to kill her husband because he kept on beating her every time he got drunk.
The husband became a victim in this case since the perpetrator (the wife) just acted on self-defense. The concept of
victim offender interaction can be classified either passive or active precipitation (Walsh, 2012).
Active Precipitation- occurs when the victims act provocatively, use threats or fighting words, or even attacks the
offenders first (Siegel, 2012).
Example: A person shouts and utters profane language at his enemy, however the latter has a knife and
thus he stabs the former to death.
Passive Precipitation- occurs when the victim exhibits some personal characteristics that unknowingly either
threatens or encourages the attacker (Siegel, 2012).
Example: Bee who has all tattoos all around his body maybe a threat to somebody especially if Bee is
already drunk. Even though he did nothing wrong, the other person got threatened may attack him leading either to
his injury or immediate death.
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LESSON 6: INCAPACITATION THEORY
Proponents of the incapacitation theory of punishment advocate that offenders should be prevented from
committing further crimes either by their (temporary or permanent) removal from society or by some other method
that restricts their physical ability to reoffend in some other way. Incarceration is the most common method of
incapacitating offenders; however, other, more severe, forms such as capital punishment are also used.
The overall aim of incapacitation is to prevent the most dangerous or prolific offenders from reoffending in
the community. EXPLANATION Incapacitation is a reductivist (or “forward looking”) justification for punishment.
Reductivism is underpinned by the theory of moral reasoning known as utilitarianism, which maintains that an act is
defensible and reasonable if its overall consequences are beneficial to the greatest number of people. Thus, the pain
or suffering imposed on an offender through punishment is justified if it reduces or prevents the further harm that
would have been caused to the rest of society by the future crimes of that offender. The concern here is with the
victim, or potential victim. The rights of the offender merit little consideration. Incapacitation has long been a
significant strategy of punishment. For example, in Britain during the 18th and 19th centuries, convicted offenders
were often transported to Australia and the Americas.
In the 21st century, the physical removal of offenders from society remains the primary method of
incapacitation in most contemporary penal systems. This usually takes the form of imprisonment, although other
methods of incapacitation are in operation. The most severe and permanent form of incapacitation is capital
punishment. Capital punishment is often justified through the concept of deterrence, but whether the death sentence
actually deters potential offenders is highly contested. What is indisputable is that once put to death an individual is
incapable of committing further offenses. Capital punishment is therefore undeniably “effective” in terms of its
incapacitative function. Other types of severe or permanent incapacitative punishments include dismemberment,
which is practiced in various forms. For example, the physical or chemical castration of sex offenders has been used
in some Western countries, notably North America. Less severe forms of incapacitation are often concerned with
restricting rather than completely disabling offenders from reoffending. These include sentences such as
disqualification from driving or curfews. In the United Kingdom, attendance center orders are used for individuals
under the age of 21. Their aim is to restrict the leisure time of offenders by requiring them to attend a center in order
to engage in some form of activity for a specified number of hours. However, as mentioned above, the primary
method of incapacitation is imprisonment.
As with capital punishment, incapacitation in the form of imprisonment is considered to be a strategy that
“works” because, for the duration of their prison sentence, offenders are restricted from committing crimes within the
community. So, according to this theory, punishment is not concerned with the nature of the offender, as is the case
with rehabilitation, or with the nature of the offense, as is the case with retribution. Rather, punishment is justified by
the risk individuals are believed to pose to society in the future. As a result, individuals can be punished for
“hypothetical” crimes. In other words, they can be incarcerated, not for crimes they have actually committed but for
crimes it is anticipated or assumed they will commit.
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LESSON V
EXPLAINING THE PSYCHOLOGICAL THEORIES OF CRIME
CAUSATION
TOPICS
1. Psychodynamic Theory and Psychosexual Stages of Human Development
2. Behavioral Theory
3. Social Learning Theory
4. Cognitive Theory
5. Moral Development Theory
6. Intergenerational Transmission Theory
7. Alternative Theory
8. Differential Association-Reinforcement Theory
9. Eysenck’s Conditioning Theory
10. Integrated Theory
11. Maternal Deprivation and Attachment Theory
LEARNING OUTCOMES:
Psychological theories expressed that criminal behavior, was the product of “unconscious “forces
operating within a person’s mind. According to this group of theories, conflicts that occur at various psychosexual
stages of development might impact an individual’s ability to operate normally as an adult. And that if aggressive
impulse is not controlled, or is repressed to an unusual degree, some aggression can “leak out” of the unconscious
and a person can engage in random acts of violence (Bartol, 2002).
Charles B. Goring (1870-1919), who in 1913 published a book entitled “The English Convict: A Statistical
Study,” concluded that there is no such thing as a physical criminal type. Instead, he found out using the 3,000
convicts as respondents that defective intelligence rather than physical characteristics was the main factor why a
person commits a crime. This is the core reason of Goring in refuting Dr. Cesare Lombroso’s Theory of born criminal
(Siegel, 2004)
On the other hand, Gabriel Tarde (1843-1904) in his theory of imitation believed that people learn from one
another through a process of imitation (Siegel, 2004).
1. The id contained the instinctual, unconscious desires (especially sexual and aggressive) with which a child
was born. It was governed by the pleasure principle, seeking to achieve pleasure and avoid pain.
34
2. The ego, which was the seat of consciousness, developed out of the id by about age three. The ego tried to
achieve the desires of the id while taking account of the reality of social conventions, and hence could delay
immediate gratification in favor of long-term goals. Children would only develop a strong ego if they had a
loving relationship with their parents.
3. The superego developed out of the ego by about age five, and contained two functions, the conscience and
the ego-ideal. The conscience acted to inhibit instinctual desires that violated social rules, and its formation
depended on parental punishment arousing anger that children then turned against themselves. The ego-
ideal contained internalized representations of parental standards, and its formation depended on children
having loving relationships with their parents.
According to psychoanalytic theories, offending resulted from a weak ego or a weak superego, both of
which followed largely from low attachment between children and parents. These ideas inspired counselling
and social work approaches, trying to rehabilitate offenders by building up warm relationships with them.
Most studies of broken homes have focused on the loss of the father rather than the mother, because the
loss of a father is much more common. In agreement with attachment theories, children who are separated from a
biological parent are more likely to offend than children from intact families. For example, in a birth cohort study of
over eight hundred children born in Newcastle-upon-Tyne, England, Israel Kolvin and his colleagues discovered that
boys who experienced divorce or separation in their first five years of life had a doubled risk of conviction up to age
thirty-two (53 percent as opposed to 28 percent).
However, the relationship between broken homes and delinquency is not as simple as that suggested by
attachment theories. Joan McCord (1982) conducted an interesting study in Boston of the relationship between
homes broken by loss of the biological father and later serious offending by boys. She found that the prevalence of
offending was high for boys from broken homes without affectionate mothers (62 percent) and for those from
unbroken homes characterized by parental conflict (52 percent), irrespective of whether they had affectionate
mothers. The prevalence of offending was low for those from unbroken homes without conflict (26 percent) and—
importantly—equally low for boys from broken homes with affectionate mothers (22 percent). These results suggest
that it might not be the broken home that is criminogenic but the parental conflict that often causes it. They also
suggest that a loving mother might in some sense be able to compensate for the loss of a father.
Modern theories of the relationship between disrupted families and delinquency fall into three major
classes.
1. Trauma theories suggest that the loss of a parent has a damaging effect on a child, most commonly
because of the effect on attachment to the parent.
2. Life course theories focus on separation as a sequence of stressful experiences, and on the effects of
multiple stressors such as parental conflict, parental loss, reduced economic circumstances, changes in
parent figures, and poor child-rearing methods.
3. Selection theories argue that disrupted families produce delinquent children because of pre-existing
differences from other families in risk factors, such as parental conflict, criminal or antisocial parents,
low family income, or poor child-rearing methods.
How does personality develop? According to the famous psychoanalyst Sigmund Freud, children go through
a series of psychosexual stages that lead to the development of the adult personality. His theory described how
personality developed over the course of childhood. While the theory is well-known in psychology, it has always been
quite controversial, both during Freud's time and in modern psychology.
One important thing to note is that contemporary psychoanalytic theories of personality development have
incorporated and emphasized ideas about internalized relationships and interactions and the complex ways in which
we maintain our sense of self into the models that began with Freud.
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An Overview of the Psychosexual Stages
Freud believed that personality developed through a series of childhood stages in which the pleasure-
seeking energies of the id become focused on certain erogenous areas. An erogenous zone is characterized as an
area of the body that is particularly sensitive to stimulation. During the five psychosexual stages, which are the oral,
anal, phallic, latent and genital stages, the erogenous zone associated with each stage serves as a source of
pleasure.
The psychosexual energy, or libido, was described as the driving force behind behavior.
Psychoanalytic theory suggested that personality is mostly established by the age of five. Early experiences
play a large role in personality development and continue to influence behavior later in life.
Each stage of development is marked by conflicts that can help build growth or stifle development,
depending upon how they are resolved. If these psychosexual stages are completed successfully, a healthy
personality is the result. If certain issues are not resolved at the appropriate stage, fixations can occur. A fixation is a
persistent focus on an earlier psychosexual stage. Until this conflict is resolved, the individual will remain "stuck" in
this stage. A person who is fixated at the oral stage, for example, may be over-dependent on others and may seek
oral stimulation through smoking, drinking, or eating.
During the oral stage, the infant's primary source of interaction occurs through the mouth, so the rooting and
sucking reflex is especially important. The mouth is vital for eating, and the infant derives pleasure from oral
stimulation through gratifying activities such as tasting and sucking.
Because the infant is entirely dependent upon caretakers (who are responsible for feeding the child), the
child also develops a sense of trust and comfort through this oral stimulation. The primary conflict at this stage is the
weaning process--the child must become less dependent upon caretakers. If fixation occurs at this stage, Freud
believed the individual would have issues with dependency or aggression. Oral fixation can result in problems with
drinking, eating, smoking, or nail-biting.
During the anal stage, Freud believed that the primary focus of the libido was on controlling bladder and
bowel movements. The major conflict at this stage is toilet training--the child has to learn to control his or her bodily
needs. Developing this control leads to a sense of accomplishment and independence.
According to Freud, success at this stage is dependent upon the way in which parents approach toilet
training. Parents who utilize praise and rewards for using the toilet at the appropriate time encourage positive
36
outcomes and help children feel capable and productive. Freud believed that positive experiences during this stage
served as the basis for people to become competent, productive, and creative adults.
However, not all parents provide the support and encouragement that children need during this stage. Some
parents instead punish, ridicule or shame a child for accidents.
According to Freud, inappropriate parental responses can result in negative outcomes. If parents take an
approach that is too lenient, Freud suggested that an anal-expulsive personality could develop in which the individual
has a messy, wasteful, or destructive personality. If parents are too strict or begin toilet training too early, Freud
believed that an anal-retentive personality develops in which the individual is stringent, orderly, rigid, and obsessive.
Freud suggested that during the phallic stage, the primary focus of the libido is on the genitals. At this age,
children also begin to discover the differences between males and females.
Freud also believed that boys begin to view their fathers as a rival for the mother’s affections. The Oedipus
complex describes these feelings of wanting to possess the mother and the desire to replace the father. However,
the child also fears that he will be punished by the father for these feelings, a fear Freud termed castration anxiety.
The term Electra complex has been used to describe a similar set of feelings experienced by young girls.
Freud, however, believed that girls instead experience penis envy.
Eventually, the child begins to identify with the same-sex parent as a means of vicariously possessing the
other parent. For girls, however, Freud believed that penis envy was never fully resolved and that all women remain
somewhat fixated on this stage. Psychologists such as Karen Horney disputed this theory, calling it both inaccurate
and demeaning to women. Instead, Horney proposed that men experience feelings of inferiority because they cannot
give birth to children, a concept she referred to as womb envy.
During this stage, the superego continues to develop while the id's energies are suppressed. Children
develop social skills, values and relationships with peers and adults outside of the family.
The development of the ego and superego contribute to this period of calm. The stage begins around the
time that children enter into school and become more concerned with peer relationships, hobbies, and other
interests.
The latent period is a time of exploration in which the sexual energy repressed or dormant. This energy is
still present, but it is sublimated into other areas such as intellectual pursuits and social interactions. This stage is
important in the development of social and communication skills and self-confidence.
As with the other psychosexual stages, Freud believed that it was possible for children to become fixated or
"stuck" in this phase. Fixation at this stage can result in immaturity and an inability to form fulfilling relationships as an
adult.
The onset of puberty causes the libido to become active once again. During the final stage of psychosexual
development, the individual develops a strong sexual interest in the opposite sex. This stage begins during puberty
but last throughout the rest of a person's life.
37
Where in earlier stages the focus was solely on individual needs, interest in the welfare of others grows
during this stage. The goal of this stage is to establish a balance between the various life areas.
If the other stages have been completed successfully, the individual should now be well-balanced, warm,
and caring. Unlike the many of the earlier stages of development, Freud believed that the ego and superego were
fully formed and functioning at this point. Younger children are ruled by the id, which demands immediate satisfaction
of the most basic needs and wants. Teens in the genital stage of development are able to balance their most basic
urges against the need to conform to the demands of reality and social norms.
Freud's theory is still considered controversial today but imagine how audacious it seemed during the late
1800s and early 1900s. There have been several observations and criticisms of Freud's psychosexual theory on a
number of grounds, including scientific and feminist critiques.
• The theory is focused almost entirely on male development with little mention of female psychosexual
development.
• His theories are difficult to test scientifically. Concepts such as the libido are impossible to measure, and
therefore cannot be tested. The research that has been conducted tends to discredit Freud's theory.
• Future predictions are too vague. How can we know that a current behavior was caused specifically by a
childhood experience? The length of time between the cause and the effect is too long to assume that there
is a relationship between the two variables.
• Freud's theory is based upon case studies and not empirical research. Also, Freud based his theory on the
recollections of his adult patients, not on actual observation and study of children.
Another criticism of the psychosexual stages is that the theory focuses primarily on heterosexual
development, and largely ignores homosexual development. So how exactly did Freud explain the development of
sexual preferences?
Freud's theory suggested that heterosexual preferences represent the "normal" outcome of development
and suggested that homosexual preferences represented deviation of this process. 1 Freud's own viewpoints on
homosexuality varied, at times expressing biological explanations and at other times social or psychological
explanations for sexual preferences. Unlike many thinkers of his time, Freud was unconvinced that homosexuality
represented a pathology. He also believed that attempts to alter a person's sexuality were usually futile and often
harmful.
In a famous 1935 letter to a mother who had written him to ask that he treat her homosexual son, Freud
wrote that while he believed homosexuality was not advantageous, it was certainly not a vice or something to be
ashamed of. Freud wrote, "...it cannot be classified as an illness; we consider it to be a variation of the sexual
function, produced by a certain arrest of sexual development."
While Freud's theory implied that homosexuality was a deviation in normal psychosexual development,
many contemporary psychologists believe that sexual orientation is largely influenced by biological factors.
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While few people are strong proponents of Freud's theory of psychosexual development today, his work
made important contributions to our understanding of human development. Perhaps his most important and enduring
contribution was the idea of that unconscious influences could have a powerful impact on human behavior.
Freud's theory also stressed the importance of early experiences in development. While experts continue to debate
the relative contributions of early versus later experiences, developmental experts recognize that the events of early
life play a critical role in the developmental process and can have lasting effects throughout life.
Behavioral theory is originally created by John B. Watson (1878-1958) and popularized by Burrhus
Frederic Skinner (1904-1990) or as B. F. Skinner. While psychologists agree that behavior is controlled by
unconscious mental processes determined by parental relationships developed early in childhood as what Freud
believed, others, like Watson and Skinner do not. The behavioral theory is concerned with the study of observable
behavior rather than unconscious processes. It focuses on particular stimulus and how people respond to that
stimulus. It also maintains that human actions are developed through learning experiences, and that behavior is
learned when it is rewarded and extinguished by negative reactions or punishment (Siegel, 2004).
Behavioral theorists have argued that the following four factors help produce violence:
1. A stressful event or stimulus – like a threat, challenge, or assault – that heightens arousal.
2. Aggressive skills or techniques learned through observing others.
3. A belief that aggression or violence will be socially rewarded (by, for example, reducing frustration,
enhancing self-esteem, providing material goods, or earning the praise of other people); and
4. A value system that condones violent acts within certain social contexts. Early empirical tests of these four
principles were promising (Bartol, 2002).
As a result, behavioral theory directly contributed to the development of social learning theories of deviance
(differential association theory, sub-cultural theory, neutralization theory, etc.). These theories, among the most
important and influential of all criminological theories, are subject to a detailed discussion in the section of this report
entitled Social Learning and Violence.
Social learning theory is a theory of learning process and social behavior which proposes that new
behaviors can be acquired by observing and imitating others. [1] It states that learning is a cognitive process that takes
place in a social context and can occur purely through observation or direct instruction, even in the absence of motor
reproduction or direct reinforcement.[2] In addition to the observation of behavior, learning also occurs through the
observation of rewards and punishments, a process known as vicarious reinforcement. When a particular behavior is
rewarded regularly, it will most likely persist; conversely, if a particular behavior is constantly punished, it will most
likely desist.[3] The theory expands on traditional behavioral theories, in which behavior is governed solely by
reinforcements, by placing emphasis on the important roles of various internal processes in the learning individual.
Bandura (1973) believed that violence as something learned through a process called behavior modelling.
Aggressive acts are usually modelled after 3 principal sources:
1. Family Members- Bandura reports that children from families where parents show aggressive
behaviors inside their homes would likely show similar behaviors when dealing with others.
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2. Environmental Experiences- People who reside in areas where violence is a daily occurrence are
more likely to act violently than those who dwell in low-crime areas which norm stresses or shows
conventional behavior.
3. Mass Media- Films and television shows, which are accessible to people of all ages and social status,
commonly depict violence graphically. Moreover, in mass media, violence is often destroyed as an
acceptable behavior, especially for heroes who never have to face legal consequences for their actions
(Siegel, 2004).
Cognitive Theory is a branch of psychology that studies the perception of reality and the mental process
required to understand the world we live. It focuses on mental processes- the way people perceive and mentally
represents the world around them.
Jean William Fritz Piaget (1896-1980), Swiss psychologist who was the first to make a systematic study of
the acquisition of understanding in children based on his cognitive development theory. He hypothesized that a
child’s reasoning processes develop in an orderly manner, from birth onwards and it has four (4) stages (Siegel et al.,
2007).
Sensorimotor 0-2 years Coordination of senses with motor response, sensory curiosity
about the world. Language used for demands and cataloguing.
Object performance developed.
Preoperational 2-7 years Symbolic thinking, use of proper syntax and grammar to express full
concepts. Imagination and intuition are strong but complex abstract
thought still difficult. Conservation developed.
Concrete Operational 7-11 years Concepts attached to concrete situations. Time, space, and quantity
are understood and can be applied but not as independent
concepts.
Formal Operations 11 above Theoretical, hypothetical, and counterfactual thinking. Abstract, logic
and reasoning. Strategy and planning become possible. Concepts
learned in one context can be applied to one another.
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The theory holds that moral reasoning, a necessary (but not sufficient) condition for ethical behavior has
six developmental stages, each more adequate at responding to moral dilemmas than its predecessor. Kohlberg
followed the development of moral judgment far beyond the ages studied earlier by Piaget, who also claimed that
logic and morality develop through constructive stages. Expanding on Piaget's work, Kohlberg determined that the
process of moral development was principally concerned with justice and that it continued throughout the individual's
life, a notion that led to dialogue on the philosophical implications of such research.
The six stages of moral development occur in phases of pre-conventional, conventional and post-
conventional morality. For his studies, Kohlberg relied on stories such as the Heinz dilemma and was interested in
how individuals would justify their actions if placed in similar moral dilemmas. He analyzed the form of moral
reasoning displayed, rather than its conclusion and classified it into one of six stages.
There have been critiques of the theory from several perspectives. Arguments include that it emphasizes
justice to the exclusion of other moral values, such as caring; that there is such an overlap between stages that they
should more properly be regarded as domains or that evaluations of the reasons for moral choices are mostly post
hoc rationalizations (by both decision makers and psychologists) of intuitive decisions.
A new field within psychology was created by Kohlberg's theory, and according to Haggbloom et al.'s study
of the most eminent psychologists of the 20th century, Kohlberg was the 16th most frequently cited in introductory
psychology textbooks throughout the century, as well as the 30th most eminent. Kohlberg's scale is about how
people justify behaviors and his stages are not a method of ranking how moral someone's behavior is; there should
be a correlation between how someone scores on the scale and how they behave. The general hypothesis is that
moral behavior is more responsible, consistent and predictable from people at higher levels.
STAGES
Kohlberg's six stages can be more generally grouped into three levels of two stages each: pre-conventional,
conventional and post-conventional.
Following Piaget's constructivist requirements for a stage model, as described in his theory of cognitive
development, it is extremely rare to regress in stages—to lose the use of higher stage abilities. Stages cannot be
skipped; each provides a new and necessary perspective, more comprehensive and differentiated than its
predecessors but integrated with them.
Level 1 (Pre-Conventional)
1. Obedience and punishment orientation
(How can I avoid punishment?)
2. Self-interest orientation
(What's in it for me?)
(Paying for a benefit)
Level 2 (Conventional)
3. Interpersonal accord and conformity
(Social norms)
(The good boy/girl attitude)
4. Authority and social-order maintaining orientation
(Law and order morality)
Level 3 (Post-Conventional)
5. Social contract orientation
6. Universal ethical principles
(Principled conscience)
The understanding gained in each stage is retained in later stages but may be regarded by those in later stages as
simplistic, lacking in sufficient attention to detail.
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Pre-conventional
The pre-conventional level of moral reasoning is especially common in children and animals, although
adults can also exhibit this level of reasoning. Reasoners at this level judge the morality of an action by its direct
consequences. The pre-conventional level consists of the first and second stages of moral development and is solely
concerned with the self in an egocentric manner. A child with pre-conventional morality has not yet adopted or
internalized society's conventions regarding what is right or wrong but instead focuses largely on external
consequences that certain actions may bring.
In Stage one (obedience and punishment driven), individuals focus on the direct consequences of their
actions on themselves. For example, an action is perceived as morally wrong because the perpetrator is punished.
"The last time I did that I got spanked, so I will not do it again." The worse the punishment for the act is, the more
"bad" the act is perceived to be. This can give rise to an inference that even innocent victims are guilty in proportion
to their suffering. It is "egocentric", lacking recognition that others' points of view are different from one's own. There
is "deference to superior power or prestige"
An example of obedience and punishment driven morality would be a child refusing to do something
because it is wrong and that the consequences could result in punishment. For example, a child's classmate tries to
dare the child to skip school. The child would apply obedience and punishment driven morality by refusing to skip
school because he would get punished.
Stage two (self-interest driven) expresses the "what's in it for me" position, in which right behavior is defined
by whatever the individual believes to be in their best interest, or whatever is "convenient," but understood in a
narrow way which does not consider one's reputation or relationships to groups of people. Stage two reasoning
shows a limited interest in the needs of others, but only to a point where it might further the individual's own interests.
As a result, concern for others is not based on loyalty or intrinsic respect, but rather a "You scratch my back, and I'll
scratch yours" mentality, [5] which is commonly described as quid pro quo, a Latin term that means doing or giving
something in order to get something in return. The lack of a societal perspective in the pre-conventional level is quite
different from the social contract (stage five), as all actions at this stage have the purpose of serving the individual's
own needs or interests. For the stage two theorist, the world's perspective is often seen as morally relative.
An example of self-interest driven is when a child is asked by his parents to do a chore. The child asks,
"what's in it for me?" The parents offer the child an incentive by giving a child an allowance to pay them for their
chores. The child is motivated by self-interest to do chores.
Conventional
The conventional level of moral reasoning is typical of adolescents and adults. To reason in a conventional
way is to judge the morality of actions by comparing them to society's views and expectations. The conventional level
consists of the third and fourth stages of moral development. Conventional morality is characterized by an
acceptance of society's conventions concerning right and wrong. At this level an individual obeys rules and follows
society's norms even when there are no consequences for obedience or disobedience. Adherence to rules and
conventions is somewhat rigid, however, and a rule's appropriateness or fairness is seldom questioned.
In Stage three (good intentions as determined by social consensus), the self enters society by conforming
to social standards. Individuals are receptive to approval or disapproval from others as it reflects society's views.
They try to be a "good boy" or "good girl" to live up to these expectations, having learned that being regarded as
good benefits the self. Stage three reasoning may judge the morality of an action by evaluating its consequences in
terms of a person's relationships, which now begin to include things like respect, gratitude, and the "golden rule". "I
want to be liked and thought well of; apparently, not being naughty makes people like me." Conforming to the rules
for one's social role is not yet fully understood. The intentions of actors play a more significant role in reasoning at
this stage; one may feel more forgiving if one thinks that "they mean well".
In Stage four (authority and social order obedience driven), it is important to obey laws, dictums, and social
conventions because of their importance in maintaining a functioning society. Moral reasoning in stage four is thus
beyond the need for individual approval exhibited in stage three. A central ideal or ideals often prescribe what is right
and wrong. If one person violates a law, perhaps everyone would—thus there is an obligation and a duty to uphold
laws and rules. When someone does violate a law, it is morally wrong; culpability is thus a significant factor in this
stage as it separates the bad domains from the good ones. Most active members of society remain at stage four,
where morality is still predominantly dictated by an outside force
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Post-conventional
The post-conventional level, also known as the principled level, is marked by a growing realization that
individuals are separate entities from society, and that the individual's own perspective may take precedence over
society's view; individuals may disobey rules inconsistent with their own principles. Post-conventional moralists live
by their own ethical principles—principles that typically include such basic human rights as life, liberty, and justice.
People who exhibit post-conventional morality view rules as useful but changeable mechanisms—ideally rules can
maintain the general social order and protect human rights. Rules are not absolute dictates that must be obeyed
without question. Post-conventional individuals elevate their own moral evaluation of a situation over social
conventions, their behavior, especially at stage six, can be confused with that of those at the pre-conventional level.
Some theorists have speculated that many people may never reach this level of abstract moral reasoning.
In Stage five (social contract driven), the world is viewed as holding different opinions, rights, and values.
Such perspectives should be mutually respected as unique to each person or community. Laws are regarded
as social contracts rather than rigid edicts. Those that do not promote the general welfare should be changed when
necessary to meet "the greatest good for the greatest number of people". This is achieved through majority
decision and inevitable compromise. Democratic government is ostensibly based on stage five reasoning.
In Stage six (universal ethical principles driven), moral reasoning is based on abstract reasoning using
universal ethical principles. Laws are valid only insofar as they are grounded in justice, and a commitment to justice
carries with it an obligation to disobey unjust laws. Legal rights are unnecessary, as social contracts are not essential
for deontic moral action. Decisions are not reached hypothetically in a conditional way but rather categorically in an
absolute way, as in the philosophy of Immanuel Kant. This involves an individual imagining what they would do in
another's shoes, if they believed what that other person imagines to be true. The resulting consensus is the action
taken. In this way action is never a means but always an end in itself; the individual acts because it is right, and not
because it avoids punishment, is in their best interest, expected, legal, or previously agreed upon. Although Kohlberg
insisted that stage six exists, he found it difficult to identify individuals who consistently operated at that level. Touro
College Researcher Arthur P. Sullivan helped support the accuracy of Kohlberg's first five stages through data
analysis but could not provide statistical evidence for the existence of Kohlberg's sixth stage. Therefore, it is difficult
to define/recognize as a concrete stage in moral development.
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Formal elements
Progress through Kohlberg's stages happens as a result of the individual's increasing competence, both
psychologically and in balancing conflicting social-value claims. The process of resolving conflicting claims to reach
equilibrium is called "justice operation". Kohlberg identifies two of these justice operations: "equality", which involves
an impartial regard for persons, and "reciprocity", which means a regard for the role of personal merit. For Kohlberg,
the most adequate result of both operations is "reversibility", in which a moral or dutiful act within a particular situation
is evaluated in terms of whether or not the act would be satisfactory even if particular persons were to switch roles
within that situation (also known colloquially as "moral musical chairs").
Knowledge and learning contribute to moral development. Specifically important are the individual's "view of
persons" and their "social perspective level", each of which becomes more complex and mature with each advancing
stage. The "view of persons" can be understood as the individual's grasp of the psychology of other persons; it may
be pictured as a spectrum, with stage one having no view of other persons at all, and stage six being entirely socio-
centric. Similarly, the social perspective level involves the understanding of the social universe, differing from the
view of persons in that it involves an appreciation of social norms.
Intergenerational Transmission refers to the socialization and social learning that helps to explain the
ways in which children growing up in a violent family learn violent roles and, subsequently, may play out the roles of
victim or victimizer in their own adult families as adults.
Intergenerational Transmission Theory states that criminal and antisocial parents tend to have delinquent
and antisocial children, as shown in the classic longitudinal surveys by Joan McCord in Boston and Lee Robins in St.
Louis. The most extensive research on the concentration of offending in families was carried out in the Cambridge
Study in Delinquent Development. Having a convicted father, mother, brother, or sister predicted a boy's own
convictions, and all four relatives were independently important as predictors (Farrington et al., 1996). For example,
63 percent of boys with convicted fathers were themselves convicted, compared with 30 percent of the remainder.
Same-sex relationships were stronger than opposite-sex relationships, and older siblings were stronger predictors
than younger siblings. Only 6 percent of the families accounted for half of all the convictions of all family members.
There are several possible theories (which are not mutually exclusive) for why offending tends to be
concentrated in certain families and transmitted from one generation to the next. First, the effect of a criminal parent
on a child's offending may be mediated by genetic mechanisms. In agreement with this, twin studies show that
identical twins are more concordant in their offending than are fraternal twins (Raine). However, the greater
behavioral similarity of the identical twins could reflect their greater environmental similarity. Also, in agreement with
genetic mechanisms, adoption studies show that the offending of adopted children is significantly related to the
44
offending of their biological parents. However, some children may have had contact with their biological parents, so
again it is difficult to dismiss an environmental explanation of this finding.
In a more convincing design comparing the concordance of identical twins reared together and identical
twins reared apart, William Grove and his colleagues found that heritability was 41 percent for childhood conduct
disorder and 28 percent for adult antisocial personality disorder. Hence, the intergenerational transmission of
offending may be partly attributable to genetic factors. Crime cannot be genetically transmitted because it is a legal
construct, but some more fundamental construct such as aggressiveness could be genetically transmitted. An
important question is how the genetic potential (genotype) interacts with the environment to produce the offending
behavior (phenotype). David Rowe (1994) argued that genetic influences should always be estimated in studying the
links between family factors and delinquency.
An alternative theory focuses on assortative mating; female offenders tend to cohabit with or get married to
male offenders. In the Dunedin study in New Zealand, which is a longitudinal survey of over one thousand children
from age three, Robert Krueger and his colleagues found that sexual partners tended to be similar in their self-
reported antisocial behavior. Children with two criminal parents are likely to be disproportionally antisocial. There are
two main classes of explanations concerning why similar people tend to get married, cohabit, or become sexual
partners. The first is called social homogamy. Convicted people tend to choose each other as mates because of
physical and social proximity; they meet each other in the same schools, neighborhoods, clubs, pubs, and so on. The
second process is called phenotypic assortment; people examine each other's personality and behavior and choose
partners who are similar to themselves.
An alternative theory focuses on assortative mating; female offenders tend to cohabit with or get married
to male offenders. In the Dunedin study in New Zealand, which is a longitudinal survey of over one thousand children
from age three, Robert Krueger and his colleagues found that sexual partners tended to be similar in their self-
reported antisocial behavior. Children with two criminal parents are likely to be disproportionally antisocial.
There are two main classes of explanations concerning why similar people tend to get married, cohabit, or
become sexual partners. The first is called social homogamy. Convicted people tend to choose each other as
mates because of physical and social proximity; they meet each other in the same schools, neighborhoods, clubs,
pubs, and so on. The second process is called phenotypic assortment; people examine each other's personality
and behavior and choose partners who are similar to themselves
45
primarily reinforce the positive behavior of their child. If the parents would reward the negative behavior of
the child, then the undesirable behavior f that child will continue until he becomes adult.
For example, if the child gets zero in his quiz and the mother will still give reward to that child then the child
would think that it is alright not to study and would only cheat out of laziness.
Another example, if a pupil whose teacher-one she considers as a very important person punishes her for
her wrongdoing then there’s a big possibility that the pupil would take the punishment seriously and would change for
good.
The Eysenck personality theory shows that antisocial behavior is remarkably consistent over time; or, to
be more precise, the relative ordering of individuals is remarkably consistent over time (Roberts and Del Vecchio).
Psychologists assume that behavioral consistency depends primarily on the persistence of individuals' underlying
tendencies to behave in particular ways in particular situations. These tendencies are termed personality traits, such
as impulsiveness, excitement seeking, assertiveness, modesty, and dutifulness. Larger personality dimensions such
as Extraversion refer to clusters of personality traits.
Historically, the best-known research on personality and crime was that inspired by Hans Eysenck's theory
and personality questionnaires. Eysenck viewed offending as natural and even rational, on the assumption that
human beings were hedonistic, sought pleasure, and avoided pain. He assumed that delinquent acts such as theft,
violence, and vandalism were essentially pleasurable or beneficial to the offender. In order to explain why everyone
was not a criminal, Eysenck suggested that the hedonistic tendency to commit crimes was opposed by the
conscience, which he (like Gordon Trasler) viewed as a conditioned fear response.
Under the Eysenck theory, the people who commit offenses have not built-up strong consciences, mainly
because they have inherently poor conditionability. Poor conditionability is linked to Eysenck's three dimensions of
personality, Extraversion (E), Neuroticism (N), and Psychoticism (P). People who are high on E build up conditioned
responses less well, because they have low levels of cortical arousal. People who are high on N also condition less
well, because their high resting level of anxiety interferes with their conditioning. Also, since N acts as a drive,
reinforcing existing behavioral tendencies, neurotic extraverts should be particularly criminal. Eysenck also predicted
that people who are high on P would tend to be offenders, because the traits included in his definition of psychoticism
(emotional coldness, low empathy, high hostility, and inhumanity) were typical of criminals. However, the meaning of
the P scale is unclear, and it might perhaps be more accurately labeled as psychopathy.
A review of studies relating Eysenck's personality dimensions to official and self-reported offending
concluded that high N (but not E) was related to official offending, while high E (but not N) was related to self-
reported offending (Farrington et al., 1982). High P was related to both, but this could have been a tautological result,
since many of the items on the P scale were connected with antisocial behavior or were selected in light of their
ability to discriminate between prisoners and nonprisoners. In the prospective longitudinal study of over four hundred
London boys, those high on both E and N tended to be juvenile self-reported offenders, adult official offenders, and
adult self-reported offenders, but not juvenile official offenders. These relationships held independently of other
criminogenic risk factors such as low family income, low intelligence, and poor parental child-rearing behavior.
However, when individual items of the personality questionnaire were studied, it was clear that the significant
relationships were caused by the items measuring impulsiveness (e.g., doing things quickly without stopping to
think). Hence, it seems likely that research inspired by the Eysenck theory mainly identifies the link between
impulsiveness and offending.
Since 1990 the most widely accepted personality system has been the "Big Five" or five-factor model. This
suggests that there are five key dimensions of personality: Neuroticism (N), Extraversion (E), Openness (O),
Agreeableness (A), and Conscientiousness (C). Openness means originality and openness to new ideas,
Agreeableness includes nurturance and altruism, and Conscientiousness includes planning and the will to achieve.
Because of its newness, the "Big Five" personality theory has rarely been studied in relation to offending. However, in
an Australian study, Patrick Heaven (1996) showed that Agreeableness and Conscientiousness were most strongly
(negatively) correlated with self-reported delinquency.
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TOPIC 10: INTEGRATED THEORY
Integrated Theory has been proposed by James Q. Wilson (1931-2012) and Richard Julius Herrnstein
(1930-1994). They explain predatory street crime by showing how human nature develops from the interplay of
psychological, biological, and social factors. The main concept of this theory is that the genes and environment are
factors for some individuals to form the kind of personality that is likely to commit crimes. They stated that the factors
that could push the individuals to commit crimes are intelligent quotient (IQ), body build, genetic make-up,
impulsiveness, ability to delay gratification, aggressiveness, and even those with mothers who drink and smoke while
pregnant. Lastly, they also argued that if reward (such as money) is greater than the expected punishment (small
fine), there is an increased likelihood that a crime will be committed.
Maternal deprivation and Attachment Theory has been devised by British psychiatrist Edward
John M. Bowlby (1907-1990) who expressed the notion that a child needs warmth and affection from his/her mother
or a mother substitute. The idea came after Bowlby experimented on infant monkeys. The said infant monkeys were
given the choice between two wire “monkeys”: one is made of uncovered cage wire but dispensed milk while the
other is made of cage wire covered with soft fabric but did not give milk. The infant monkeys in the experiment were
attached to the warm cloth monkey which provided comfort and security even though it did not provide food. What
does the experiment have to do with criminality? Bowlby emphasized that the most important phenomenon to social
development takes place after birth of any mammal and that is the construction of an emotional bond between the
infant and his mother. When a child is separated from the mother or is rejected by her, anxious attachment results.
Anxious attachment affects the capacity to be affectionate and to develop intimate relationships with others. Habitual
criminals, it is claimed, typically have an inability to inform bonds of affection (Adler et al.,2010).
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LESSON VI
CATEGORIZING THE SOCIOLOGICAL THEORIES OF CRIME
CAUSATION
TOPICS
1. Social Disorganization Theory
2. Concentric Zone Theory
3. Anomie Theory
4. Strain Theory
5. Relative Deprivation Theory
6. General Strain Theory
7. Cultural Deviance Theory
8. Delinquent Subculture Theory
9. Differential Opportunity Theory
10. Drift Theory
11. Differential Association Theory
12. Containment Theory
13. Social Bond Theory
14. Social Reaction: Labeling Theory
15. Primary and Secondary Deviance
LEARNING OUTCOMES:
Sociological Theories of crime causation explain how a certain individual acquires criminal or
undesirable behavior; it describes how the agents of socialization such as family, environment, schools, mass media
and peer groups contribute to or affect the behavior of a specific individual; and it would also somehow manifest as to
how a person responds or react with regards to the conduct displayed by other persons whom he or she is socializing
with.
2. Social Process Theories which hold that criminality is a function of individual ‘socialization. Social process
also has three (3) major branches, such as:
a. Social Learning Theory
b. Social Control Theory
c. Social Reaction Theory
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SOCIAL STRUCTURE THEORIES
The leading sociological theories focus on the immediate social environment, like the family, peer group,
and school. And they are most concerned with explaining why some individuals are more likely to engage in crime
than others. Much recent theoretical work, however, has also focused on the larger social environment, especially the
community and the total society. This work usually attempts to explain why some groups—like communities and
societies—have higher crime rates than other groups. In doing so, however, this work draws heavily on the central
ideas of control, social learning, and strain theories.
Social disorganization theory seeks to explain community differences in crime rates (see Robert
Sampson and W. Bryon Groves; Robert Bursik and Harold Grasmick). The theory identifies the characteristics of
communities with high crime rates and draws on social control theory to explain why these characteristics contribute
to crime.
Crime is said to be more likely in communities that are economically deprived, large in size, high in multiunit
housing like apartments, high in residential mobility (people frequently move into and out of the community), and high
in family disruption (high rates of divorce, single-parent families). These factors are said to reduce the ability or
willingness of community residents to exercise effective social control, that is, to exercise direct control, provide
young people with a stake in conformity, and socialize young people so that they condemn delinquency and develop
self-control.
The residents of high crime communities often lack the skills and resources to effectively assist others. They
are poor and many are single parents struggling with family responsibilities. As such, they often face problems in
socializing their children against crime and providing them with a stake in conformity, like the skills to do well in
school or the connections to secure a good job. These residents are also less likely to have close ties to their
neighbors and to care about their community. They typically do not own their own homes, which lowers their
investment in the community. They may hope to move to a more desirable community as soon as they are able,
which also lowers their investment in the community. And they often do not know their neighbors well since people
frequently move into and out of the community. Therefore, they are less likely to intervene in neighborhood affairs—
like monitoring the behavior of neighborhood residents and sanctioning crime. Finally, these residents are less likely
to form or support community organizations, including educational, religious, and recreational organizations. This is
partly a consequence of their limited resources and lower attachment to the community. This further reduces control,
since these organizations help exercise direct control, provide people with a stake in conformity, and socialize
people. Also, these organizations help secure resources from the larger society, like better schools and police
protection. Recent data provide some support for these arguments.
Social disorganization theorists and other criminologists, such as John Hagan, point out that the number of
communities with characteristics conducive to crime—particularly high concentration of poor people—has increased
since the 1960s. These communities exist primarily in inner city areas, and they are populated largely by members of
minority groups (due to the effects of discrimination). Such communities have increased for several reasons. First,
there has been a dramatic decline in manufacturing jobs in central city areas, partly due to the relocation of factories
to suburban areas and overseas. Also, the wages in manufacturing jobs have become less competitive, due to
factors like foreign competition, the increase in the size of the work force, and the decline in unions. Second, the
increase in very poor communities is due to the migration of many working- and middle-class African Americans to
more affluent communities, leaving the poor behind. This migration was stimulated by a reduction in discriminatory
housing and employment practices. Third, certain government policies—like the placement of public housing projects
in inner-city communities and the reduction of certain social services—have contributed to the increased
concentration of poverty.
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TOPIC 2: CONCENTRIC ZONE THEORY
The theory of crime, known as the concentric zone theory, is one of the most used theories in the criminal
justice world. It enables developing strategies to fight criminal activities development of social groups within the
community. The overall goal is for researchers to learn the behaviors of individuals and how criminal activity takes
place.
The concentric zone theory has many benefits but over time the theory has developed its criticisms. Some
researchers have learned that the model is only useful during the rapid growth of urban cities and does not address
urban politics. Many believe over time the model was developed, and it was only helpful for that time era. It was
pioneered by Chicago School sociologists Ernest W. Burgess (1886-1966) and Robert E. Park (1864-1944);
however, it was Clifford R. Shaw and Henry D. McKay (1930) who noted that distinct ecological area had developed
in the city of Chicago comprising a series of 5 concentric circles of zones, and that there were stable and significant
differences in interzone crime rates. The areas with heaviest concentration of crime appeared to be the transition
inner-city zones, where large number of foreign-born citizens had settled. The zones farthest from the city’s center
had lower crime rates. Shaw and McKay’s main assumption is that even though crime rates changed, they found that
the highest rates were always in the central city and transitional areas (Siegel, 2004).
One example of using data from the concentric zone data is the learned information of juvenile offenders.
The research had shown a spike in delinquent criminal activity from the hours 3 p.m. - 6 p.m. which is hour’s directly
after school lets. This implemented school-based activities and diversion programs. Allowing these allowed law
enforcements to participate in proactive crime reduction efforts.
Zone I (Central Business District): it is where hotels, offices, businesses, other commercial activities) are in;
Zone II (Zone of Transition): It is also known as gray zone. It has the tendency to have conversion of land uses.
Immediately adjacent to th CBD, it is an area that may be slated for expansion if the business is good. In this
zoneland and properties are held for special purposes.
Zone III (Lower Income Working People): It is where homes or slums are.
Zone IV (High Income Residences): It is where white collar or middle-class families reside.
Zone V (Commuter Zone): It is referring to the suburbs where people who work in the center choose to live.
David Emile Durkheim (18580-1917), a French Sociologist introduced the term “anomie”, which derived
from the Greek word “nomos” which mean without norms. According to Durkheim, an anomic society is one in
which rules of behavior (norms) have broken down or become inoperative during periods of rapid social change or
social crisis such as war or famine. Anomie most likely occurs in societies that are moving forward from mechanical
solidarity to organic solidarity.
Mechanical Solidarity is defined as the characteristic from pre-industrial society, which is held together by
traditions, shared value, and unquestionable beliefs. On the other hand, organic solidarity refers to post-industrial
system of society in which the place is highly developed and dependent upon the division of labor and people are
connected by their independent needs for each other’s services and production. According to this theory, because of
the sudden shifts in tradition and values social turmoil happens. Hence, the established norms begin the erode and
lose demands become unlimited. With these, obeying legal codes or laws may be strained and alternative behavior
choices, such as crimes, may be inevitable (Siegel, 2004).
51
However, with all these saying, Durkheim maintains that crimes are not only normal for society but are
necessary.
American sociologist Robert K. Merton (1910-2003) applied Durkheim’s ideals of anomie to criminology.
He holds that the crime is a function of the conflict between the goals people have and the means they can use to
legally obtain those goals. Consequently, those who failed to attain their goals because of the inadequate means
would feel anger, frustration, and resentment, which are referred to as strain and that those people who are in strain
or pressure may develop criminal or delinquent solutions to the problem of attaining goals (Siegel et al., 2007).
In short, strain theory talks about goal-means knowledge blockage. For example, Mr. X has the intention to
buy a car (his goal), but he has not enough money for down payment which may resort to carnapping (his means) in
order to attain his dream (Siegel, 2004).
Merton developed what he called social adaptation to explain that although some people have inadequate
means of attaining success; other people who have the means reject societal goals as being unsuited to them. Below
are Merton’s five (5) modes of adaptation. The plus (+) sign means acceptance, negative sign (-) means rejection
and + means substituting alternative goals (Siegel, 2004).
1. Conformity- in which the individual accepts both conventional goals and mean. Accordingly, conformity is
the common mode of adaptation for those balance and stable society.
Example: Topie wants to be a policeman that is why despite of poverty he serves s a working student in
order to attain his dream.
2. Innovation-where the individual accepts the goals but rejects the legitimate means of attaining them. This is
the mode of adaptation followed by those law violators because the success of such criminal shows that
innovative means work better and faster than a conventional one.
Example: Mr. Z wants to become rich, so instead of selling fruits and vegetables in the market, he chose
selling prohibited drugs, such as shabu.
3. Ritualism-wherein an individual rejects the goal but have legitimate means of attaining them. Ritualists gain
pleasure from practicing traditional ceremonies regardless of whether they have a real purpose or goal
(Siegel, 2004).
Example: When we apply it to a specific conduct in school, those who are sleeping while the teacher is
conducting lecture is a ritualist. Why? Because the students reject the positive goal to listen the discussion,
but their means are positive goal to listen the discussion, but their means are positive, since they did not
disturb others.
4. Retreatism- from the root word “retreat” means to withdraw or surrender. It is otherwise known as the
escapist mode, in which the individual tends to reject both the goals and means of the society.
Example: Miss Soy after discovering that her boyfriend was with another girl experienced extreme jealousy
thereby committed suicide leading to her death.
5. Rebellion- is the fifth in which the individuals involved in substituting an alternative set of goals and means
for conventional ones. Those revolutionaries who wish to promote radical change in the existing social
structure and calls for alternative lifestyles, goals, and beliefs are examples of this (Siegel, 2004).
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TOPIC 5: RELATIVE DEPRIVATION THEORY
This theory was proposed by Judith R. Blau and Peter M. Blau (1918-2002) which clearly emphasizes that
a sharp division the rich and the poor create an atmosphere of envy and mistrust. Criminal motivation is fueled both
by perceived humiliation and the perceived right to humiliate a victim in return. Accordingly, lower-class people might
feel both deprived and embittered when they compare their life circumstances to those of the more affluent. The
constant frustration suffered by the deprived individuals because of their economic status may lead to aggression
and hostility and, may result to violence and crime (Siegel, 2004)
For example: Dea and Jea are living in proximate distance. Dea is wealthy while Jea is poor. Every morning
Jea smells that Dea’s food menu varies everyday while in their home, almost every day she finds it difficult to prepare
even if dried fish only. In the long run, poor Jea may feel envious and bitter toward the wealthy position of her
neighbour. Time will come that because of the extreme frustration experienced by Jea; she may either rob the house
of Dea.
CONCEPTS
Sociologist Robert Agnew (1992) formulated the strain theory of Robert Merton and suggests that
criminality is the direct result of negative affective states- the anger, frustration, depression, disappointment, and
other adverse emotions that derive from strain. Agnew tries to explain why individuals who feel stress and strain are
more likely to commit crimes and offers more explanation of criminal activity among all elements of society rather
than restricting his views to lower-class crime (Siegel, 2004). He finds that negative affective states are produced by
a variety of sources of strains, such as:
1. Strain caused by the failure to achieve positively valued goals. This type of strain occurs when a youth
aspires to wealth and gain, but lacking financial and educational resources, would assume that such goals
are impossible to achieve.
Another example: Mar wants to study in college but because his parents could not afford to send him in
school may end up as a construction worker.
2. Strain caused by disjunction of expectations and achievements. This aspect happens when people
compare themselves to peers who seem to be doing a lot better financially or socially.
Example: San is a graduate of Criminology who took and topped the board examination but because of
height requirement she may wait for the approval of her height waiver, but San knew that her classmate who
took the board exam thrice already and had a high-ranking father was successful in the recruitment using
other eligibility. San using Agnew’s general strain theory my feel stress and frustrated.
3. Removal of positively valued stimuli. The loss of positive stimuli may lead to delinquency as the
adolescent tries to prevent the loss, retrieve what has been lost, obtain substitutes or seek revenge against
those responsible for the loss.
Example: Jay had a brother, and somebody killed his brother. In return, out of anger because that person
killed his ever-loved brother; jay might kill also the person who killed his brother.
4. Presentation of negative stimuli. Strain may also be caused by the presence of negative stimuli.
Example: During the first day of board examination, the proctor did not allow you to take the said exam
because you arrived one hour already. In this case, you as the examinee may feel frustrated or worst you
may seek revenge against the proctor.
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TOPIC 7: CULTURAL DEVIANCE THEORY
CONCEPTS
This theory combines the effects of social disorganization and strain to explain how people living in
deteriorated neighborhoods react to social isolation and economic deprivation. Because of the draining, frustrating
and dispiriting experiences, member of the lower class create an independent subculture with its own set of rules
and values. This lower-class subculture stresses excitement, toughness, risk-taking, fearlessness, and immediate
gratification. Sub-cultural norms such as being tough followed by slum dwellers or informal settlers are forced to
violate the law because they obey the rules of the deviant culture with which they are in close and immediate contact.
In short, those who are economically deprived and living in disorganized areas in order to gain success may resort to
crime and delinquency (Siegel, 2004).
Albert K. Cohen (1918-2014) first articulated the theory in his classic book, “Delinquent Boys.” Cohen’s
position was that delinquent behavior of lower-class youth is actually a protest against the norms and values of the
middle- class U.S. culture. Because the social conditions make them incapable of achieving success legitimately,
lower-class youths experience a form of culture conflict that Cohen labels status frustration. Status frustration refer
to the state where youths are incapable of achieving their legitimate goals in life because of the social conditions that
they are into, such as having poor parents and living in slum areas. With this Cohen was able to believe that because
of status frustration lower-class boys who suffer rejection by middle-class (rich) people may tend to form deviant
subcultures and Cohen called it: the corner boy, the college boy, or the delinquent boy (Siegel, 2004)
The corner boy role is the most common response to middle-class rejection. He is not a chronic delinquent
but may be a truant who engages in petty or status offenses, such as sex before marriage and recreational
drug abuse.
The college boy embraces the cultural and social values of the middle-class. He actively strives to be
successful by those standards.
The delinquent boy adopts set of norms and principles in direct opposition to middle-class values. He strives
for independence and that nobody can control his behavior, he may join gang and willing to take risks and
violate the law.
By introducing the corner boy, college boy, and delinquent boy triad, Cohen helps explain why many lower-
class youth fail to become chronic offender (Siegel,2004).
54
Differential Opportunity Theory is the output o the classic work of Richard A. Cloward (1926-2001) and
Lloyd E. Ohlin’s (1918-2008) “Delinquency and Opportunity.” This theory is a combination of strain and
disorganization principles into a portrayal of a gang sustaining criminal subculture. The main concepts of this theory
states that people in all the strata of society share the same success goals but those in lower-class have limited
means of achieving them. People who perceive themselves as failures with conventional society will seek alternative
or innovative ways to gain success, such as joining drug syndicate and any other forms of illegal activities. Because
of the differential opportunity, kids are also likely to join one of the three (3) types of gangs:
1. Criminal Gang: Exist in stable lower-class areas in which close connections among adolescent, young
adult, and adult offenders create an environment for successful criminal enterprise such as joining gang.
2. Conflict Gang: Thrive in highly disorganized areas marked by temporary residents and physical
deterioration. Members of the conflict gang are tough adolescents who fight with weapons to win respect
from rivals and engage in destructive assaults on people and property. They are willing to fight to protect
their own and their gang’s integrity and honor.
3. Retreatist Gang. Retreatist are double failures because they are unable to gain success through legitimate
means and unwilling to do so through illegal ones. They have tried crime or violence but are either too weak
or scared to be accepted in criminal or violent gangs.
Ohlin and Cloward agreed with Cohen and found out that independent delinquent subcultures exist within
society. Youth gangs are important part of the delinquent subculture. Speaking of subculture, this would refer to
groups that are being formed with the values and norms that would clash or in conflict with the dominant culture
(general society). Although Cloward and Ohlin believed that not all illegal acts are committed by gang youth; they are
the source of the most serious, sustained, and costly criminal behaviors (Siegel, 2004)
CONCEPTS
Neutralization theory was developed in 1957 by Dr. Gresham Sykes and his former student, Dr. David
Matza. Their theory presented a different perspective on social control which was first explained by Edwin
Surtherland in 1947 through his Learning Theory. Dr. Matza felt rational choice was being left out and developed
the Neutralization and Drift Theory to help explain why delinquents drift in and out of delinquency. If these other
theories - biological, psychological, or sociological - were correct, how would a person be able to explain the fact that
most juvenile delinquents move away from crime by the time they hit their early twenties? Dr. Matza felt, “that if
delinquents had established a subculture with norms that differ from those of the larger society, they would not have
exhibited shame or guilt when violating the social order.”(Matza D. a., Neutralization Theory: Learning
Rationalizations as Motives, 2004).
Neutralization and Drift Theory proposes that juveniles sense an obligation to the law. This obligation to
the law remains in place most of the time. However, when this obligation is strained, juvenile delinquents tend to drift
into crime. This strain is best explained by Sykes and Matza’s example of justified theft. When an employee sees
their wages cut, they are able to rationalize stealing from their employer because they are earning less money than
before, essentially, the employee feels they “deserve” it. According to Sykes and Matza, most delinquents have the
same values, beliefs and attitudes as those of law-abiding citizens. Some juveniles, however, learn techniques that
allow them to “neutralize” such values and attitudes temporarily. Such a theory proposes that delinquents disregard
55
the controlling influences of rules and use these techniques of neutralization to weaken the hold of society {C}(Matza
D. a., 1976){C}.
In the original theory, Sykes and Matza discuss why juveniles experience guilt and negative self-concepts
when engaging in delinquency, why there is a need to neutralize guilt, and the five neutralization techniques that
allow them to do this. These principals are the basis for how criminals rationalize their actions. The five are:
1. Denial of Responsibility: This is where the criminal views himself as a victim based on circumstance.
2. Denial of Injury: This is where a criminal feels like the actions committed were victimless because no
one was physically hurt or the crime committed was committed against another criminal.
3. Denial of Victim: This goes back to circumstances. Victims in this case are considered outcasts by the
general population so they deserved this type of treatment.
4. The Condemnation of the Condemners: This is when the criminal sees the labeler as a deviant in
disguise, they are just out to get them, or by attacking them the wrongfulness of their behavior is
confused.
5. Appealing to Higher Loyalties: The requirements of larger society have to be pushed to the side
because of affiliation in smaller groups, who directly provide fidelity and protection to the individual, e.g.,
gangs (Matza D. a., Techniques of Neutralization: A Theory of Deliquency, 1957).
What a criminal is doing when applying these techniques is not trying to justify their actions as “normal” but trying
to lessen the punishment that goes along with whatever crime they have committed (Matza D. a., 2009).
Drift proposes that the techniques of neutralization are a way for adolescents to find release from
conventional restraints of society. Findings suggest that when these techniques are present, there is a weak sense
of social control. Dr. Sykes and Dr. Matza developed this theory after observing how inmates and corrections officers
learn to rationalize rule breaking. Dr. Matza further developed what he called, soft determinism. Soft determinism
states, “That human actions are not deprived of freedom because they are casually determined.” (Matza D. a.,
Neutralization Theory: Learning Rationalizations as Motives, 2004). The most important part of Neutralization is to
have an understanding of what Sykes and Matza call, “the subculture of delinquency.” As it was developed, this
subculture is considered separate and in opposition to the norms and values of traditional society. Sykes and Matza
use gang life as a prime example. In gangs, most members are not fully committed to the gang. Sykes and Matza
call then “mundane delinquents.” These members show a great deal of sorrow when they commit crime and,
according to Sykes and Matza, many of the members respect law-abiding citizens. Another point that Sykes and
Matza emphasize is that these gang members pick out their victims. The final factor in determining the free will of
gang members is that most of the time members engage in legal activity for most of their day. These three
conditions suggest that criminals are aware and actively engaging in conventional values. (Matza D. a., 2009).
Another core principle of Neutralization is what Sykes and Matza called “Subterranean values.” They are
morally tinged influences that have become entrenched in the culture but are publicly condemned. These are values
that are condemned in public but may be practiced privately. These values exist along with conventional values. The
example that Sykes and Matza use is thrill-seeking by the individual deviant. These subterranean values can be
found in many social settings. Sykes and Matza argue that these values are reinforced by potential role models at
school, and home by teachers, parents, and in the working environment. When an adult uses any kind of bias
(favoritism, gender, race, or grades) instead of teaching the importance of learning a specific job, they are training the
juvenile deviant that what matters most is getting ahead by any means (Matza D. a., Neutralization Theory: Learning
Rationalizations as Motives, 2004). Sykes and Matza argue that it is not necessary for a child to join a gang; they will
learn these subterranean values through normal and conventional values taught in traditional environments of
modern society.
CONCEPTS
“Tell me who your friends are, and I will tell who you are,” a Mexican proverb and a quote from Cecil
Thounaojam “Birds of the same feathers flock together, and when they flock together they fly so high,” would
best describe the theory of differential association.
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Differential Association is a theory developed by Edwin Sutherland proposing that through interaction
with others, individuals learn the values, attitudes, techniques, and motives for criminal behavior. The differential
association theory is the most talked about of the learning theories of deviance. This theory focuses on how
individuals learn to become criminals, but does not concern itself with why they become criminals.
Learning Theory is closely related to the Interactionist perspective; however, it is not considered so because
Interactionism focuses on the construction of boundaries in society and persons' perceptions of them. Learning
Theory is considered a positivist approach because it focuses on specific acts, opposed to the more subjective
position of social impressions on one's identity, and how those may compel to act. They learn how to commit criminal
acts; they learn motives, drives, rationalizations, and attitudes. It grows socially easier for the individuals to commit a
crime. Their inspiration is the processes of cultural transmission and construction. Sutherland had developed the idea
of the "self" as a social construct, as when a person's self-image is continuously being reconstructed especially when
interacting with other people.
Phenomenology and ethnomethodology also encouraged people to debate the certainty of knowledge and
to make sense of their everyday experiences using indexicality methods. People define their lives by reference to
their experiences, and then generalize those definitions to provide a framework of reference for deciding on future
action. From a researcher's perspective, a subject will view the world very differently if employed as opposed to
unemployed, if in a supportive family or abused by parents or those close to the individual. However, individuals
might respond to the same situation differently depending on how their experience predisposes them to define their
current surroundings.
Differential association predicts that an individual will choose the criminal path when the balance of
definitions for law-breaking exceeds those for law-abiding. This tendency will be reinforced if social association
provides active people in the person's life. Earlier in life the individual comes under the influence of those of high
status within that group, the more likely the individual to follow in their footsteps. This does not deny that there may
be practical motives for crime. If a person feels hungry but has no money, the temptation to steal will become
present. But the use of "needs" and "values" is equivocal. To a greater or lesser extent, both non-criminal and
criminal individuals are motivated by the need for money and social gain.
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Containment theory was presented by Walter C. Reckless (1899-1988) and 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 delinquency (Siegel,2007)
According to Reckless, “outer containment,” or the structural buffer that holds the person in bounds, can
be found in the following components (Adler et al., 2010):
In short, if an individual’s containing external or outer containment and protective internal or inner
containment are weak then there’s great possibility that the individual will commit a crime or may resort to
delinquency.
For example: Ms. B’s friends invite her for a drinking spree but because B does not drink alcoholic beverage
plus her parents are strict when it comes to curfew hours, then most likely B couldn’t engage such deviancy.
Social Bond Theory - The Social Bond theory was created by Travis Hirschi in 1969. Social Bond theory,
that later developed into the Social Control Theory, has historically been an interesting way of approaching social
problems and how we in turn explain them. Before one can apply Social Bond theory, they must first have a firm
understanding of its definition, which can be accurately described by Hirschi (1969) as, “Elements of social bonding
include attachment to families, commitment to social norms and institutions (school, employment), involvement in
activities, and the belief that these things are important” (p.16). The basic difference between the General Theory of
Crime, a theory later created by Gottfredson and Hirschi (1990), and Hirschi’s (1969) Social Bond Theory is the focus
on peers and peer groups of individuals.
The four basic elements of social bond theory are attachment, commitment, involvement in conventional
versus deviant or criminal activities, and lastly the common value system within an individual’s society or subgroup.
1. Attachment is described as the level of values and or norms that an individual holds in society.
Attachment is especially important when it come to the person’s parental figures. According to Hirschi
(1969) other attachments, such as school, play a tremendous role in conventional society. School has
tended to be a middle to upper class involvement since it was first created. The middle-class children
tend to make fun of or demoralize the lower-class children. This treatment also does not just come from
the child it also comes directly from the institution, through the teacher. In combination with each other
the person starts to resent school at the earliest point. This resentment also hinders the continuation of
further education. This comes full circle to the lower-class standard of living for generations to come
(Hirschi, 1969).
2. Commitment, this can be described as the level of commitment that an individual has to abide by legal
behavior (Burton, Cullen, Evans, Dunaway, Kethineni, and Gary, 1995). The norms and values taught
to us as an adolescent should be to obey how society works in normal terms. From very early in our
lives we hopefully learn the difference between “right” and “wrong”. This understanding has an
enormous effect on how we turn out and set our place in normal society. For example, if a child is
raised in a home where drugs are bought, sold, and used regularly, then that child has a greater chance
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of being involved with drugs in the future. Also, the “bond” between mother, father, and child in a normal
nuclear family, is very strong, this in turn has made a blueprint of an entire adult life on the child.
3. Person’s choice to get involved in conventional versus deviant behavior. This choice is formed
not far after basic rules of life are taught. If no “right and wrong” basis is formed or provided the
adolescent will make the decision that tends to make the most sense. This also ties into family
involvement in the person’s life.
4. Lastly, this in many ways senses directly correlates many factors or aspects of the four main
parts of Hirschi’s (1969) theory. Together they form the backbone of the everlasting “bond” theory.
Social Bond Theory has long been a widely accepted among many sociologists for a variety of reasons.
The fact that bonds exist in all aspects of society means that the relation of these bonds can be readily
discussed. Hirschi (1969) bases his theory on the means that social bonds do exist and when a bond is
weakened or broken then unusual behavior for that individual may occur. This brings me to a profound
quote by Durkheim (1969):
Therefore, if a child has strong bonds in any of the elements; if he/she is closely attached with his/her
parents, committed and got involved in the school activities, and had respected to the policies imposed by their
parents at home and obeyed the laws of the society, then it is not likely that he/she could resort to illegal behavior.
CONCEPTS
Labeling Theory was created by Howard S. Becker (1963) who explains that society creates deviance
through a system of social control agencies that designate (label) certain individuals as delinquent, thereby
stigmatizing a person and encouraging them to accept this negative personal identity. For example: people labelled
“insane” are also assumed to be dangerous, dishonest, unstable, violent, strange, and other unsound. In contrast,
negative labels, including troublemaker,” “mentally –ill and “stupid”, “help stigmatize the recipients of these labels and
reduce their self-image (Siegel, 2004).
CONSEQUENCES OF LEARNING
Baker concern with two (2) effects of labelling: the creation of stigma and the effect of self-image.
Stigmatization
Labels are believed to produce stigma. People who have been negatively labelled because of their
participation or alleged participation in deviant or outlawed behaviors maybe socially outcasted who may be
prevented from enjoying a higher education, well-paying jobs, and other social benefits (Siegel,2004).
Self-labeling
It refers to the process by which a person who has been negatively labelled accepts the label as a personal
role or identity (Siegel, 2007).
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For example: If the mother keeps on telling her child that her child is dull, then in school the child would also
assume that he is dull.
Self-Fulfilling Prophecy
Deviant behavior patterns that are in response to an earlier labelling experience, a person act out these
social roles even if they were falsely bestowed (Siegel, 2007).
For example: If the wife keeps on saying that her husband is cheating on her even though it is not true; then
there is a big possibility that the husband would fulfil the statements made by her wife.
Dramatiation of Evil
Frank Tannenbaum (1938) suggest that social tying, which he called “dramatization of evil” slums the
offender’s identity from a “doer of evil” to “ an evil person” (Siegel, 2007).
For example: A person who is being labelled a hired murderer may commit a crime because he is being
hired; and he may become a real evil murderer already.
CONCEPTS
Primary and Secondary Deviance was created by Edward M. Lemert (191-1996). According to him,
primary deviance involved nor violations or crimes that have very little influence on the actor and can be quickly
forgotten.
For example: a college student takes a book at the campus bookstore. He successfully steals a textbook,
uses it to get an A in a course, goes on to graduate, is admitted to law school, and later becomes a famous judge.
Because his shoplifting got unnoticed, it is relatively unimportant event that has little bearing on his future life.
In contrast, secondary deviance occurs when a deviant event comes to the attention of significant others or
social control agents who apply a negative label. The newly labelled offender then recognizes his or her behavior and
personality around the consequences of the deviant act.
For example: The shoplifting student is caught by a guard and expelled from college. With his law school
dreams dashed and his future cloudy, his options are limited; people who know him will say he “lacks character,” and
he begins to share their opinion. He eventually becomes a drug dealer and winds up in prison (Siegel, 2004)
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LESSON VII
OUTLINING THE ECONOMIC THEOIES OF CRIME
CAUSATION
The most of crime are diverse and a discipline like economics, predicated on rational behavior, may be at
something of a disadvantage in explaining a phenomenon largely viewed as irrational. The foray by economists into
this area is relatively recent, dating back to Gary Becker’s path breaking contribution in 1968. As part of the larger
model designed to explore optimal criminal justice policy, he developed the “supply of offense” function, which indicates
the factors affecting the number of crimes a rational individual commits. Since then, there has been much progress in
both expanding on this important relationship and utilizing it for more theoretically grounded analysis of criminal
behavior.
CONCEPTS
The common model of crime (1968) by Gary S. Becker (1930-2014) is a standard model of decision-making
where individuals choose between criminal activity and illegal activity on the basis of expected utility from those acts.
It is assumed that participation in criminal activity is the result of an optimizing individual responding to incentives.
Among the factors that influence an individual’s decision to engage in criminal actives are as follows:
1. The expected gains from crime relative to earnings from legal work.
2. The chance (risk) of being caught and convicted.
3. The extent of punishment; and
4. The opportunities in legal activities.
Specifying an equation to capture the incentives in the criminal decision is a natural first step in most analysis
of the crime as work models. The most important of these gives the relative rewards of legal and illegal activity. For
example, the economic model sees the criminal as committing a crime if the expected gain from criminal activity
exceeds the gain from legal activity; generally, work (Becker, 1968).
TOPIC 2: KARL MARX’S THEORY
CONCEPTS
The Contribution of Karl Marx
Karl Heinrich Marx (1818-1883), in his famous “Communist Manifesto (1848),” viewed crime as the
product of law enforcement policies akin to a labelling process theory; he also saw connection between criminality and
the inequities found in the capitalist system. He states that its development had turned workers into a dehumanized
mass who lived an existence that was at the mercy of their capitalist employers. He wrote of the injustice of young
children being sent to work in mine and factories from dawn to dusk. He railed against the people who were being
beaten down by a system that demanded obedience and cooperation and offered little in return. He concluded that the
character of every civilization is determined by its mode of production-the way its people develop and produce material
goods (materialism) (Siegel, 2004).
Marx identified that there are two (2) components in the mode of production:
1. Productive forces, which include such thing as technology, energy sources, and material resources; and
2. Productive relations, which are the relationships that exist among the people producing goods and services.
The most important relationship in industrial culture is between the owners of the means of production
(capitalist burgeoisie), and the people who do the actual labor (proletariat). According to Marx, capitalist society
subject to the development of a rigid class culture with the capitalist bourgeoisie at the top, followed by the working
proletariat, and at the bottom, the fringe members who produce nothing and live, parasitically the work of others-
dependent (lumpen proletariat) (Siegel, 2004).
In Marxist Theory, it claimed that it is not necessary to have a particular amount of wealth or prestige to be a
member of the capitalist; it is more important to have the power to exploit others economically, leally and socially
(Siegel, 2004).
CONCEPTS
Friedrich Engels (1820-1895) in his work, “The Condition of the Working Class in England” (1844) portrayed
crime as a function of social demoralization- a collapse of people’s humanity reflecting a decline in society. Workers
are demoralized by the capitalist society, are caught up in the process that leads to crime and violence. Working
people committed crime because their choice was a slow death of starvation or a speedy one at the hands of law.
The brutality of the capitalist system, he believed, turns workers into animal-like creatures out a will of their own
(Siegel, 2004).
The same with Engel, Willem A. Bonger (1876-1940) is famous for his Marxist socialist concepts of crime
causation, which were published in 1916. Bonger believed that crime is of social and not biological origin, but exception
of few special cases, crime lies within the boundaries of normal human behavior. According to Bonger, no act is
naturally immoral or criminal. He viewed crimes as antisocial acts that reflect current morality.
Bonger believed that society is divided in have and have not groups, not on the basis of people’s innate ability,
but because of the system of production that is in force. In every society that is divided into ruling class and an inferior
class, penal law serves the will of the ruling class. Even though criminal laws may appear to protect members of both
classes, hardly any act is punished that does not injure the interests of the dominant ruling class. In the capitalist
system makes both the proletariat and bourgeoisie crime prone, but only the proletariat likely to become officially
recognized criminals. Because the legal system discriminates against the poor by defending the actions of the wealthy
and second of all, it is the proletariat who are deprived of the materials that are monopolized by the bourgeoisie. In
short, crimes are function of poverty (Siegel, 2004).
LESSON VIII
POWERS OF LOCAL CHIEF EXECUTIVE
TOPICS
1. Powers of Operational Supervision and Control
2. Powers to Discipline PNP Uniformed
LEARNING OUTCOMES:
At the end of the lesson, the students must be able to recognize the powers of local
executives in the police administration.
Section 51 RA (6975). Powers of Local Government Officials Over the PNP Units or Forces. –
Governors and mayors shall be deputized as representatives of the Commission in their respective territorial
jurisdiction. As such, the local executives shall discharge the following functions:
(1) Power to Choose the Provincial Director. – The provincial governor shall choose the
provincial director from a list of three (3) eligible recommended by the PNP regional director.
(2) Overseeing the Provincial Public Safety Plan Implementation. – The governor, as
chairman of the provincial peace and order council, shall oversee the implementation of the
provincial public safety plan, which is prepared taking into consideration the integrated
community safety plans, as provided under paragraph (b) (2) of this section.
(b) City and Municipal Mayors – (1) Operational Supervision and Control. The city and municipal
mayors shall exercise operational supervision and control over PNP units in their respective
jurisdiction except during the thirty (30) day period immediately preceding and the thirty (30) days
following any national, local and barangay elections. During the said period, the local police forces
shall be under the supervision and control of the Commission on Elections.
The term "operational supervision and control" shall mean the power to direct, superintend,
oversee and inspect the police units and forces.
It shall include the power to employ and deploy units or elements of the PNP, through the
station commander, to ensure public safety and effective maintenance of peace and order
within the locality. For this purpose, the term "employ" and "deploy" shall mean as follows:
"Employ" refers to utilization of units or elements of the PNP for purposes of protection of
lives and properties, enforcement of laws, maintenance of peace and order, prevention of
crimes, arrest of criminal offenders and bringing the offenders to justice, and ensuring public
safety, particularly in the suppression of disorders, riots, lawless violence, rebellious
seditious conspiracy, insurgency, subversion or other related activities.
"Deploy" shall mean the orderly organized physical movement of elements or units of the
PNP within the province, city or municipality for purposes of employment as herein defined.
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(2) Integrated Community Safety Plans. – The municipal/city mayor shall, in coordination
with the local peace and order council of which he is the chairman pursuant to Executive
Order No. 309, as amended, develop and establish an integrated area/community public
safety plan embracing priorities of action and program thrusts for implementation by the local
PNP stations.
It shall, likewise, be the duty of the city or municipal mayor to sponsor periodic seminars for
members of the PNP assigned or detailed in his city or municipality in order to update them
regarding local ordinances and legislations.
Administrative Disciplinary Powers. – In the areas of discipline, city and municipal mayors shall have the
powers to impose, after due notice and summary hearings, disciplinary penalties for minor offenses
committed by members of the PNP assigned to their respective jurisdictions, as provided in Section 41 of
this Act.
Other Powers. – In addition to the aforementioned powers, city and municipal mayors shall have the
following authority over the PNP units in their respective jurisdictions:
(i) Authority to choose the chief of police from a list of five (5) eligibles recommended by the provincial
police director, preferably from the same province, city or municipality.
(ii) Authority to recommend the transfer, reassignment or detail of PNP members outside of their
respective city or town residences; and
(iii) Authority to recommend, from a list of eligibles previously screened by the peace and order
council, the appointment of new members of the PNP to be assigned to their respective cities or
municipalities without which no such appointment shall be attested.
Section 52 (RA 6975). Suspension of Operational Supervision and Control. – The President may, upon
consultation with the provincial governor and congressman concerned, suspend the power of operational
supervision and control of any local executive over police units assigned or stationed in his jurisdiction for
any of the following grounds:
(d) Engaging in acts inimical to national security or which negate the effectiveness of the peace and
order campaign.
Upon good cause shown, the President may, motu propio or upon the recommendation of the National
Police Commission, restore such power withdrawn from any local executive.
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LESSON XI
RECOGNIZING THE THEORIES ON WOMEN OFFENDERS
Men commit more crimes than women do a lot more. This holds true over time and across cultures. In America,
the incarceration capital of the world (more than 2 million detainees), males comprise 93% of the prison population.
Men also account for 73% of all arrests and 80% of those charged with violent crimes. This disparity between the sexes
is particularly stark when it comes to murder: 90% of the time, the ones who do the killing are men.
All these numbers add up to what criminologists call the “gender gap”. But read enough academic journals
and government crime reports, and some curious facts emerge while crime rates in the western world have steadily
declined over the past three decades, the number of young women being convicted for violent crimes in some western
countries has increased significantly; law enforcement records indicate the opposite is true for their male counterparts.
In other words, the gender gap is closing.
What’s really cemented this pulpy women-behind-bars image in the collective conscious, though, is Crime
Has No Gender, a controversial Europol campaign that launched last August. “Are women equally capable of
committing serious crimes as men?” reads the news release. “The female fugitives featured on Europe’s Most Wanted
website prove that they are.”
Documenting the rise in female crime is one thing. Explaining it is quite another. Cesare Lombroso, the Italian
physician known as the “father of modern criminology” (he invented the first lie detector) also wrote the first book about
women and crime, La Donna Delinquente, in 1893. He concluded that women who broke the law exhibited crude male
traits. The profile was simple: short, lusty, vulgar and prone to wrinkles. They also had darker hair and smaller skulls
than “normal” women. A Lombroso dating tip: beware of girls with prominent lower jaws –
Freud also thought criminal women were more like men. Sort of. He blamed female crime on a “masculinity
complex”, which could be traced back to (of course) penis envy. Most women resolved this complex and developed
into law-abiding citizens. Others, however, fared worse. Instead of embracing femininity, these women over-identified
with males and coveted their floppy organs. Think of a woman who smiles while she stabs her husband to death in
bed, and later cleans the sheets.
Biology and psychology theories are still discussed in criminology classes today. Studies that link the
menstrual cycle to female crime have persisted for decades. According to the three female authors of The Curse: A
Cultural History of Menstruation, the 19th century axe murderer Lizzie Borden butchered her family because “her period
coincided with an epileptic attack”. Psychology models, of course, continue to be popular. Behavioral theory suggests
that becoming a criminal requires conditioning, a form of learning that involves positive reinforcement: rob a bank,
spend the money, rob another bank.
According to three female authors axe murderer Lizzie Borden butchered her family because "her period
coincided with an epileptic attack"
Increasingly, though, many of today’s gender gap theories focus on external factors, like tougher drug
sentencing laws 25% of women in US state prisons have been convicted of a drug offense, compared to 14% of male
prisoners) and the proliferation of violent female gangs (the Bad Barbies, an all-girls “sister gang”, with chapters in
Harlem and Brooklyn, have pulled off multiple revenge murders). There are also the post-conviction barriers that
uniquely affect women and lead to recidivism: prison guard abuse, few mental health services and a lack of job training.
Police, lawyers and judges being less protective toward women is another reason criminologists believe the gender
gap is shrinking.
The Pink-Collar Crime Lady has her own gender gap theory, and it doesn’t have anything to do with feminism,
chivalrous judges or menstrual cycles. “Women nurture and raise us. We love and trust them,” explains Kelly Paxton.
“So being a female crook is the perfect cover.” Then she shares some insider wisdom: “The first thing I tell clients is
never underestimate a woman. They’re ruthless.”
CONCEPTS
The book published by the prominent female criminologist Freda Adler titled Sister in Crime: The Rise of a
New Female Criminal (1975) has helped to develop the masculinity theory. Adler argued that women are involved in
more crime due to the increasing participation of women in social movements since the 1870’s, which changed role of
female in family and the feelings of independence to her work and thought. All these factors promote the
“masculinization processes of women” role in society (Harrington and Nee: 2005, Ahuja: 1996)
(https://ijcst.journals.yorku.ca/index.php/ijcst).
The main premise of this theory is that criminalities of women are mainly dependent on the masculinity
behaviour of female. The empowered women are involved in more serious violent crime than non-powered women due
to masculinity. This strength of the theory is that it can explain the pattern and trends of female crime in first world
nations and it explains the involvement of women in property crime. This theory is criticized by feminist scholars
because of the male centeredness ideology (https://ijcst.journals.yorku.ca/index.php/ijcst).
CONCEPTS
Opportunity theory (1976) was created by Rita J. Simon (1931-2013) in her work, “women and Society”,
this theory argued that the involvement of criminal activities is increased when women have different opportunities.
Increasing opportunities of women reduced the rates of violent female offending but increased the rates opportunity
crimes. She emphasized the descriptions of different dimensions of female criminality, that is-type, nature and also the
corrective role of jail and court in this regard. She showed that there is no difference between male and female in terms
of morality, the biological characteristics not being relevant in committing crime. According to the empirical observations
of this theory, Simon argued that historically, males are more active in crime because of their greater social
opportunities, competences, and networking than females. In the broad’s social context, if female opportunity, efficiency
and social communication are increased, then the rate of female criminality increases accordingly (Small: 2000, Chelik:
2008). Simon logically argued that “when more women get access in labor market as skilled labor and possess highly
specialized position in the job sector they commit more employment related property crime like men. Some women
take the advantage of these opportunities, just as some men do before” (Simon, 1975: 03 as cited in
https://ijcst.journal.yorku.ca/index.php/ijcst).
CONCEPTS
Critical feminist theory also known as Marxist feminists; this theory holds that gender inequality stems
from the unequal power of men and women and the subsequent exploitation of women by men that cause of female
criminality originate with the onset of male supremacy and the efforts of males to control female sexuality. Women are
a “commodity” like land or money. That male exploitation acts as a trigger for female criminal or delinquent behavior.
CONCEPTS
This theory by Otto Pollak (1950) in his book, “The Criminality of Women” who argues that in a patriarchal
society, women are treated more leniently than men because women are believed to be born biologically inferior and
in need of protection from men (Franklin and Fearne, 2008; Koons-Witt, 2002). Paternalism theory further states that
traditional women are treated with extreme leniency due to chivalry resulting from paternalistic attitudes within a
patriarchal society.
According to Franklin and Fearne (2008), the presence of patriarchy in American Society is evident when
considering wage differences between the genders. Furthermore, the authors argue that women are underrepresented
in positions of authority such as political and economic occupations. This lack of female leadership is likely due to the
preconceived notion that females are less effective at leadership than are men. Further evidence of the effect of
discrimination against women can be found in female victimization. Women, viewed as physically weak and inherently
sexual, are most frequently victimized through the use of rape and domestic violence, both of which demonstrate male
domination, power disparities, and the biologically inferior female body (Franklin and Fearne, 2008) as cited in
(https://pdfs.semanticscholar.org).
LESSON IX
IDENTIFYING THE POLITICAL/ SOCIAL CONFLICT THEORIES
OF CRIME CAUSATION
The most talked theories about the political/social conflict theories of crime causation is the theory provided
by Karl Marx, the social conflict theory which finds that society is in a constant state of internal conflict, as different
groups strive to impose their will on others. Those with money and power succeed in shaping the law to meet their
needs and maintain their interests. Those adolescents whose behavior cannot conform to the needs of the power elite
are defined as delinquents and criminal (Siegel, 2007). In short, laws serve as tool of the upper class to control the
lower class. Though not all crimes are committed by the lower class, but most of the times they are the subjects of
arrest.
CONCEPTS
The Marxist Criminology views crime as a function of the capitalist modes of products. Within this system
economic competitiveness is the essence of social life and controls the form and function of social institutions. Every
element of society: government, law, education, religion, family is organized around the capitalist mode of production
comprising of the owners of the production (bourgeoisie), the worker (proletariat) and the non-productive people
(lumpen proletariat. The rich (bourgeoisie) use the fear of crime as tool to maintain their control over society: the poor
and controlled over incarceration, the middle class are diverted from caring about the crimes of the powerful because
they fear the crimes of the powerless. According to Marx and Engels, crime came from a third class in society-the
lumpen proletariat-who would play no decisive role in the expected revolution (Siegel, 2004).
KEY TAKEAWAYS
• Conflict theory focuses on the competition between groups within society over limited resources.
• Conflict theory views social and economic institutions as tools of the struggle between groups or classes,
used to maintain inequality and the dominance of the ruling class.
• Marxist conflict theory sees society as divided along lines of economic class between the proletarian working
class and the bourgeois ruling class.
• Later versions of conflict theory look at other dimensions of conflict among capitalist factions and between
various social, religious, and other types of groups.
Conflict theory has been used to explain a wide range of social phenomena, including wars,
revolutions, poverty, discrimination, and domestic violence. It ascribes most of the fundamental developments in
human history, such as democracy and civil rights, to capitalistic attempts to control the masses (as opposed to a
desire for social order). Central tenets of conflict theory are the concepts of social inequality, the division of resources,
and the conflicts that exist between different socioeconomic classes.
Many types of societal conflicts throughout history can be explained using the central tenets of conflict theory.
Some theorists, including Marx, believe that societal conflict is the force that ultimately drives change and development
in society.
Marx’s version of conflict theory focused on the conflict between two primary classes. Each class consists of
a group of people bound by mutual interests and a certain degree of property ownership. Marx theorized about the
bourgeoisie, a group of people that represented members of society who hold the majority of the wealth and means.
The proletariat is the other group: it includes those considered working class or poor.
With the rise of capitalism, Marx theorized that the bourgeoisie, a minority within the population, would use
their influence to oppress the proletariat, the majority class. This way of thinking is tied to a common image associated
with conflict theory-based models of society; adherents to this philosophy tend to believe in a pyramid arrangement in
terms of how goods and services are distributed in society; at the top of the pyramid is a small group of elites that
dictate the terms and conditions to the larger portion of society because they have outsized amount of control over
resources and power.
Uneven distribution within society was predicted to be maintained through ideological coercion; the
bourgeoisie would force acceptance of the current conditions by the proletariat. Conflict theory assumes that the elite
will set up systems of laws, traditions, and other societal structures in order to further support their own dominance
while preventing others from joining their ranks. Marx theorized that, as the working class and poor were subjected to
worsening conditions, a collective consciousness would raise more awareness about inequality, and this would
potentially result in revolt. If, after the revolt, conditions were adjusted to favor the concerns of the proletariat, the
conflict circle would eventually repeat but in the opposite direction. The bourgeoise would eventually become the
aggressor and revolter, grasping for the return of the structures that formerly maintained their dominance.
In current conflict theory, there are four primary assumptions which are helpful to understand: competition,
revolution, structural inequality, and war.
Competition
Conflict theorists believe that competition is a constant and, at times, an overwhelming factor in nearly every
human relationship and interaction. Competition exists as a result of the scarcity of resources, including material
resources–money, property, commodities, and more. Beyond material resources, individuals and groups within a
society also compete for intangible resources as well. These can include leisure time, dominance, social status, sexual
partners, etc. Conflict theorists assume that competition is the default (rather than cooperation).
Revolution
Given conflict theorists' assumption that conflict occurs between social classes, one outcome of this conflict
is a revolutionary event. The idea is that change in a power dynamic between groups does not happen as the result of
a gradual adaptation. Rather, it comes about as the symptom of conflict between these groups. In this way, changes
to a power dynamic are often abrupt and large in scale, rather than gradual and evolutionary.
Structural Inequality
An important assumption of conflict theory is that human relationships and social structures all experience
inequalities of power. In this way, some individuals and groups inherently develop more power and reward than others.
Following this, those individuals and groups that benefit from a particular structure of society tend to work to maintain
those structures as a way of retaining and enhancing their power.
War
Conflict theorists tend to see war as either a unifier or as a "cleanser" of societies. In conflict theory, war is
the result of a cumulative and growing conflict between individuals and groups, and between entire societies. In the
context of war, a society may become unified in some ways, but conflict still remains between multiple societies. On
the other hand, war may also result in the wholesale end of a society.
Special Considerations
Marx viewed capitalism as part of a historical progression of economic systems. He believed capitalism was
rooted in commodities, or things that are purchased and sold. For example, he believed that labor is a type of
commodity. Laborers have little control or power in the economic system (because they don’t own factories or
materials), their worth can be devalued over time. This can create an imbalance between business owners and their
workers, which can eventually lead to social conflicts. He believed these problems would eventually be fixed through
a social and economic revolution.
Max Weber, a German sociologist, philosopher, jurist, and political economist, adopted many aspects of
Marx's conflict theory, and later, further refined some of Marx's idea. Weber believed that conflict over property was
not limited to one specific scenario. Rather, he believed that there were multiple layers of conflict existing at any given
moment and in every society. Whereas Marx framed his view of conflict as one between owners and workers, Weber
also added an emotional component to his ideas about conflict. Weber said: "It is these that underlie the power of
religion and make it an important ally of the state; that transform classes into status groups and do the same to territorial
communities under particular circumstances...and that make 'legitimacy' a crucial focus for efforts at domination."
Weber's beliefs about conflict extend beyond Marx's because they suggest that some forms of social
interaction, including conflict, generate beliefs and solidarity between individuals and groups within a society. In this
way, an individual's reactions to inequality might be different depending on the groups with which they are associated;
whether they perceive those in power to be legitimate; and so on.
Conflict theorists of the later 20th and 21st centuries have continued to extend conflict theory beyond the strict
economic classes posited by Marx, although economic relations remain a core feature of the inequalities across groups
in the various branches of conflict theory. Conflict theory is highly influential in modern and post-modern theories of
sexual and racial inequality, peace and conflict studies, and the many varieties of identity studies that have arisen
across Western academia in the past several decades.
In the above example, some of the limited resources which may contribute to conflicts between tenants and
the complex owner include the limited space within the complex, the limited number of units, the money which tenants
pay to the complex owner for rent, and so on. Ultimately, conflict theorists see this dynamic as one of conflict over
these resources. The complex owner, however gracious a landlord he or she may be, is fundamentally focused on
getting as many apartment units filled as possible so that he or she can make as much money in rent as possible. This
may introduce conflict between housing complexes, among tenant applicants looking to move into an apartment, and
so forth. On the other side of the conflict, the tenants themselves are looking to get the best apartment possible for the
least amount of money in rent.
Conflict theorists point to the financial crisis of 2008 and the subsequent bank bailouts as good examples of
real-life conflict theory, according to authors Alan Sears and James Cairns in their book A Good Book, in Theory. They
view the financial crisis as the inevitable outcome of the inequalities and instabilities of the global economic system,
which enables the largest banks and institutions to avoid government oversight and take huge risks that only reward a
select few.
Sears and Cairns note that large banks and big businesses subsequently received bailout funds from the
same governments that claimed to have insufficient funds for large-scale social programs such as universal health
care. This dichotomy supports a fundamental assumption of conflict theory, which is that mainstream political
institutions and cultural practices favor dominant groups and individuals.
This example illustrates that conflict can be inherent in all types of relationships, including those that don't
appear on the surface to be antagonistic. It also shows that even a straightforward scenario can lead to multiple layers
of conflict.
CONCEPTS
Sociologist Richard Quinney (1970) embraced a conflict model of crime who integrated his beliefs about
power, society, and criminality into a theory he referred to as the social reality in crime. According to him, criminal
definitions or the law represents the interests of those who hold power in society. Where there are conflict between
social groups-for example, the wealthy and the poor those who hold power will be the ones to create the laws that
benefit themselves (Siegel, 2004). For example, in the Philippines, the laws against robbery and theft are intended
for the poor only because it protects the property of those in financial power or those who are wealthy/
CONCEPTS
Left Realism Theory is most connected to the writings of British scholars John Lea and Jock Young (1942-
2013) in their 1984 work, “What is to be Done about the Law and Order?” by taking more “realistic” approach,
saying that street criminals prey on the poor, thus making the poor doubly abused, first by the capitalist system and
then by the members of their own class.
Their equation is very simple: relative deprivation, equals discontent plus lack of political solution equal
crime. Young and Lea argued that crime victims in all classes need and deserve protection (Siegel, 2004).So, clearly
crime happens when a person is being deprived economically plus the governing body in the community (like barangay
chairman) do not know how to render solutions to the problems (like rampant stealing in his barangay). If the thief
succeeds in his first stealing, then there is a big possibility that he’ll keep repeating his criminal conduct
CONCEPTS
Postmodern Theory focuses on the critical analysis of communication and language in legal codes. It
believes that language is value laden and can promote the same sort of inequities that are present in the rest of the
social structure. It asserts that there are different languages and ways of knowing. Those in power can use their own
language to define crime and law while excluding or dismissing those who are in opposition to their (prisoners or the
poor). The dominant language of society is the language of the rich and powerful (Siegel,2004).
CONCEPTS
Gregg Barak and Stuart Henry’s (1996) institutive-constitutive theory define crime as the application of harm
to others. People who are defined as committing criminal acts are the same time being made unequal or “disrespected”;
they are rendered powerless to maintain or express their humanity. In a sense then, the act of making people “criminals”
is a crime. According to Barak and Henry, there are two (2) aspects of crime (Siegel, 2004):
1. Crime of repression-occurs when members of the group are prevented from achieving their fullest potential
because of racism, sexism, or some status bias.
For example: Two girls are applying for saleslady in the department store. One is with pleasing personality
(pretty face, tall and white complexion); the other one is short, tan complexion but intelligent. For sure, the
one that has been accepted was the gil with pleasing personality even though the other girl is intelligent.
2. Crime of reduction-occurs when the offended party experiences a loss of some quality relative to his or her
present standing.
For example, a victim of rape may loss her state of being chaste, that when she meets a guy who she adored
much; the guy’s parent may hinder their relationship because of what happened to her.
CONCEPTS
Conservative ideologies assume that the ideal society is one which authority is unquestioned. The hierarchy
of wisdom and virtue is accepted by all the based on recognizing natural inequalities. Because human nature is
basically egoistic, people need discipline-instruction for those with the requisite capacity, restraint for those lacking the
capacity to understand. Unfortunately, society is threatened by defective people-individuals and population groups-
who cannot or will not accept the authority and direction of their superiors, and resort to crime to profit from the labors
of others. Criminals are predators, and their crimes are the results of pathologies of mind and body. Fear of crime is
promoted by focusing attention on heinous crimes and emphasizing the “failures” of rehabilitation, probation, and
parole. The public is encouraged to believe they are threatened by a surrounding army of murderous psychopaths,
epitomized in racial and class stereotypes.
Liberalism assumes that the ideal society is one in which there is equality of opportunity and a general
consensus to accept differences in rewards as the outcomes of fair competition. Social stratification is functional if
based on merit, that is, differences in achievement; it is dysfunctional insofar as it is based on ascription (e.g., inherited
status or other attributes independent of performance) or mere power differences. Contemporary society is basically
sound, grounded in the principles of representative democracy and enlightened capitalism. So if we are going to
analyze, liberalism is completely the opposite of conservatism. In which, liberalism can be compared to a democratic
form of government in which everybody’s opinion is respected and that what matters most is fairness and equality
among the populace while in conservatism can be related to a communist form of government in which the power of
the government is absolute, and it controls the behavior and actions of its populace.
TOPIC 8: RADICALISM
CONCEPTS
Radicalism’s main notion is replaced defective societies. Whether left or right, radical ideology envisions the
ideal society as one in which people-naturally creative and freedom loving-are able to do as they please in going about
their peaceful business, without interference by anyone-especially those claiming or representing some presumed
higher authority. A common theme in rightist ideology is that racial and ethnic minorities are favored to keep more
capable groups from becoming strong enough to challenge “the system.” To leftists, particularly those inspired by
Marxism, class, racial, and other forms of discrimination are promoted by the “ruling class” to keep the work force
divided, thus more easily controlled.
Rightists’ radicalism emphasize moral deterioration, reflected in crime rates, as the forerunner of society’s political
and economic collapse into war among racial and other groups fighting to survive.
Leftists’ radicalism posit fundamental and ultimately fatal contradictions in the structuring of capitalist liberal
democracy-for example, the inherent clash between capitalists’ between in maximizing profits and workers’ interest in
maximizing wages, as well as the contradiction between capitalists interest in maximizing labor costs and their interest
in maximizing consumer purchases.
CONCEPTS
Identity Fusion is defined as a visceral feeling of oneness with the group that is associated with increased
permeability of the boundary between the personal and social self. It was created by William B. Swann, Jr. and
Michael D. Buhrmester (2012). The blending of an individuals’ personal-self and social-self with that of a group, has
attempted to explain why a person engages in political participation (Swann et al, 2009). Personal self remains salient;
fused persons feel that they both strengthen and draw strength from the group, resulting in elevated personal agency.
Fused persons view the group as “family” and believe that family membership requires sacrifices. When a family
member is imperiled, they experience emotions akin to when self is imperiled.
Result: Strongly fused people will make extreme sacrifices for the group .
Example, if one of the members of the gang was killed and the other members knew who killed their co –member
then; there is a big possibility that this gang will join forces to revenge against the killer. Because each member of the
gang feels that they are one family within the group. They have sense of oneness within the group
LESSON XII
DISCOVERING THE ECOLOGY OR ENVIRONMENTAL
THEORIES OF CRIME CAUSATION
INTRODUCTION
Environmental criminology examines the location of specific crime and the context in which it occurred in order
to explain and understand crime patterns through mapping of crimes. Then, relate these crime patterns to the number
of targets; to the offender population; to the location of routine activities, such as work, school, shopping, and recreation;
to security, and to traffic flow. This can be attributed to the work of:
French lawyer Andre-Michel Guerry (1802-1866) who used the first modern criminal statistics in 1827 in
France to demonstrate that crime rates varied with social factors. Guerry found that the wealthiest region in
France had the highest rate of property crime but only half the national rate of violent crime and concluded
that the main factors in property crime was opportunity; that there was more to steal in rich provinces.
Belgian mathematics Adolphe Quetelet (1796-1874), made an elaborate analysis of crime in France,
Belgium and Holland; after analyzing criminal statistics, which he called “moral statistics” and concluded
that overall patterns of behavior of groups across a whole society there’s a regularity of rates of various
behavior. That by learning external forces that lead the person to commit crime the more that it is easier to
predict behavior (Adler et al., 2010).
In Chicago, it’s Robert Ezra Park (1864-1944), Ernest W. Burgess (1886-1966), and Louis Wirth (1897-1952)
pioneered research on the social ecology. In 1915, Robert Ezra Park called for anthropological methods of description
and observation to be applied to urban life. He was concerned with how neighborhood structure developed, how
isolated pockets of poverty formed, and what social policies could be used to alleviate urban problems. In response,
they carried out an ambitious program of research and scholarship in urban topics, including criminal behavior patterns.
Harvey Zorbaugh’s “The Gold Coast and the Slum”, Frederick Thrasher’s “The Gang”, and Louis Writh’s “The
Ghetto”, are classic examples of objective, highly descriptive accounts of urban life. Park, with Ernest Burgess, studied
the social ecology of the city and found that some neighborhood form so-called natural areas of wealth and affluence,
while others suffered poverty and disintegration. Regardless of their race, religion, or ethnicity, the everyday behavior
of people living in these areas was controlled by the social and ecological climate (Siegel, 2012).
CONCEPTS
German biologist and philosopher Ernst Haeckel (1834-1919), in 1878, was the first to give the name
“ecology” to the study of interrelations and interdependence of species and by doing so gave them the character of
distinct and separate science. The term “human ecology” was first introduced by the sociologist Robert Park and Ernest
Burgess on 1921, and represented an attempt to systematically apply the basic theoretical scheme of plant and animal
ecology to the study of human communities. Human ecology is concerned with the examination of the relationship
between man and his environment and man within an environment. Within sociology, human ecology is concerned with
the question of how people organize themselves socially to adapt to their habitat, and in particular to the habitat of
cities and their environs. Human ecology, in so far as it is concerned with social order that is based on competition
rather that consensus, is identical, in principle at least, with plant and animal ecology.
One of the principles of Human ecology Theory according to Park is that communities consist of series of
interrelated and interdependent corporate groupings which cooperate to extract their needs from the environment. They
depend for their solidarity, equilibrium, and continuity upon competitive balance among categorical groups. Those
categorical groups which exercise maximum of control over the environment and established conditions to which other
categories must adapt are termed “dominant” groups. Those who exercise this control in lesser degree are termed
“subdominant”. (http;//digitalcommons.auctr.edu).
Although, Park did not directly relate his theory to criminology but if we are going to analyze if the dominant
group controls the subdominant (inferior) group, that is the time that there will be disturbance in the balance equilibrium
of the environment as a result in order for the inferior group to survive crime may happen.
CONCEPTS
American psychologist, Urie Bronfenbrenner (1917-2005), formulated the Ecological System Theory (1975)
to explain how the inherent qualities of a child and his environment interact to influence how he will grow and develop.
Through the Bronfenbrenner Ecological Theory, he stressed the importance of studying a child in the context of multiple
environments, also known as ecological system in the attempt to understand his development. A child typically finds
himself simultaneously enmeshed in different ecosystems, from the most intimate home ecological system moving
outward to the larger school system and the most expansive system which is society and culture. Each of these systems
inevitably interacts with and influences each other in every aspect of the child’s life.
The Urie Bronfenbrenner model organizes contexts of development into five (5) levels of external
influences:
1. The microsystem is the smallest and most immediate environment in which the child lives. As such,
the microsystem comprises the daily home, school or daycare, peer group or community environment
of the child. The child’s interaction with these systems will definitely shape his behavior.
2. The mesosystem encompasses the interaction of the different microsystems which the developing
child finds himself in. it is, in essence, a system of microsystems and as such, involves linkages
between home and school, between peer group and family, or between family and church. If a child’s
parents are actively involved in the friendships of their child, invite friends over to their house and
spend time with them, then the child’s development is affected positively through harmony and like-
mindedness. However, if the child’s parents dislike their child’s peers and openly criticize them, then
the child experiences disequilibrium and conflicting emotions, probably affecting his development
negatively.
3. The exosystem pertains to the linkages that may exist between two or more settings, one of which
may not contain the developing child but affects him indirectly, nonetheless. Other people and places
which the child may not directly interact with but may still have an effect on the child, comprise the
exosystem. Such places and people may include the parents’ workplaces, the larger neighborhood,
and extended family members. For example, a father who is continually passed up for promotion by
an indifferent boss at the workplace may take it out on his children and mistreat them at home.
4. The macrosystem is the largest and most distant collection of people and places to the child that
still exercises significant influence on the child. It is composed of the child’s cultural patterns and
values, specifically the child’s dominant beliefs and ideas, as well as political and economic systems.
Children in war-torn areas, for example, will experience different kind of development than children
in communities where peace reigns.
5. The chronosystem adds the useful dimension of time, which demonstrates the influence of both
change and constancy in the child’s environment. The chronosystem may thus include a change in
family structure, address, parent’s employment status, in addition to immense society changes such
as economic cycles and wars. For example, a child who frequently bullies smaller children at school
may portray the role of a terrified victim at home. All the examples and concepts of the theory have
been taken from (https;//www.psychologynoteshq.com/bronfenbrenner-ecological-theory).
CONCEPTS
In 1969, Philip G. Zimbardo, a psychologist from Stanford University, ran an interesting field study. He
abandoned two cars in two very different places: one in a most poor, crime-ridden section of New York City, and the
other in a fairly affluent neighborhood of Palo Alto, California. Both cars were left without license plates and parked
with their hoods up. After just 10 minutes, passersby in New York City began vandalizing the car. First they strip it for
parts. Then the random destruction began. Windows were smashed. The car was destroyed. But in Palo Alto, the other
car remained untouched for more than a week. Finally, Zimbardo did something unusual: He took a sledgehammer
and gave the California car a smash. After that, passersby quickly ripped it apart, just as they’d done in New York.
This field study of Zimbardo was a simple demonstration of how something that is clearly neglected can quickly
become a target for vandals. But it eventually morphed into something far more than that. It became the basis for one
of the most influential theories of crime and policing in America: “broken windows” (Vedantam et al., 2016 as cited in
http://www.npr.org).
Fascinated in the work of Zimbardo, in a famous 1982 article the Atlantic Monthly, criminologist James Q.
Wilson (1931-2012) and George L. Kelling proposed that policing minor offenses, such as loitering, panhandling,
prostitution, and graffiti, might reduce more serious crime. Their idea turned on the relationship between the
appearance of disorder and the actual amount of disorderly behavior in society: “If a window in a building is broken and
left unrepaired, all of the windows will soon be broken” (Shelley, 2018 as cited in
http://scholarlycommons.law.northwestern.edu). Heinous crimes would likely happen if minor offenses like snatching
left unresolved by law enforcement authorities. This theory suggests for an immediate solution to a problem even how
minute it is to avoid the occurrence of a bigger or more complex problems.
CONCEPTS
Associated with the thinking of Patricia L. Brantingham and Paul J. Brantingham, and their 1984 book,
“Patterns in Crime”, the idea that the physical environmental influences criminal behavior. Criminal pattern theory is
particularly important in developing an understanding of crime and place because it combines rational choice and
routine activity theory to help explain the distribution of crime across places. The distribution of offenders, targets,
handlers, guardians, and managers over time and place will describe crime patterns. Changes in society like the
presence of commercial establishments, shopping centers have increased the number of potential targets (home, work
and shopping or entertainment centers) while separating them from the people who can protect them (handlers,
guardians, and managers). Reasonably rational offenders, while engaging in their routine activities, will note places
without guardians and managers and where their handlers are unlikely to show up. Pattern theory explores the
interactions of offenders with their physical and social environments that influence offenders’ choices targets
(http://citeseerx.ist.psu.edu).
In addition, offenders are influenced by the daily activities and routines of their lives. They will tend to
concentrate in areas that are known to them. In their day-to-day activities, they will be watching for targets that have
no guardians or place managers. This theory helps us to understand where and when the offense will occur
(https://faculty.utep.edu).
The Criminal Spatial Landscape as Elements of Crime Pattern Theory as cited in
(https://faculty.utep.edi):
1. Nodes – A place that an individual is regularly drawn to example: Home, work, school, job, etc. for
offenders, nodes tend to be the site of many of their offenses.
2. Paths – The routes between nodes. It is also the locations of many offenses.
3. Edges – Physical and perceptual boundaries between different parts of a city: Examples: Boundaries
of neighborhoods, changes in land use, socio-economic boundaries, entertainment districts.
4. Crime Attractors – These are the nodes of known criminal activity that attract additional offenders.
Example: The presence of drug den in an area may attract potential drug users.
5. Crime Generators – A particular node where lots of people tend to congregate for reasons that are
not related to any particular criminal activity. Provide a concentration of potential targets. Example:
Funfair where people gather during fiesta may generate pickpocketing because of the presence of
people who are anonymous with each other.
CONCEPTS
This was developed in 1980’s by Ronald V. Clarke and Derek B. Cornish based on two main theoretical
approaches: utilitarianism (discussed in Chapter 2) and the theory of economic choice. Utilitarianism assumes that
people make decisions with the goal of maximizing pleasure and minimization of pain; economic choice theory which
argues that people evaluate the options and choose what they believe will satisfy their needs. The theory on rational-
choice argues that a person decides to commit a particular crime after concluding that the benefits (the pleasure)
outweigh the risks and the effort (the pain). The people make these decisions with a goal in mind and that they are
made more or less intelligently and with free will. Rational choice implies a limited sense of rationality. An offender
does not know all the details of a situation; rather, he or she relies on cues in the environment or characteristics of
target. It further argues that most crime is quite ordinary and committed by reasoning individuals.
LESSON 1
CONCEPT OF GLOBALIZATION
TOPICS
1. What is Globalization?
2. Forms and Types of Government
3. Economy
4. National System of Criminal Justice across the World
5. Law Enforcement in Global Perspective
6. Criminal Justice Process
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
1. differentiate crime and punishment from a global and comparative perspective;
2. analyze how justice system operate, World Bank, debt, environmental and other international issues
as they relate to trade;
3. to understand the contribution of the justice system in pursuit of global development and progress;
and
4. to be acquainted on the different rules, procedures, and terms of the stages of proceedings since
the criminal justice process varies from state to state.
GLOBALIZATION
1
(ii.) Audio-visual and cyberspace communication are bringing many benefits, but they are also making it easier for
criminal organizations to be active across the globe and within states (Findlay, 2000; 59-73).
2
Continents which composed the Global Community
Task/Activity
Think Piece. Fill in the box with the POSITIVE and NEGATIVE effects of globalization (30 points).
POSITIVE NEGATIVE
Rubrics:
Score 30-20 points 19-15 points 14-10 points 9-0 points
Identifies, labels and Demonstrates good Demonstrates Identifies, labels and
understands all main issues understanding of the ideas limited/surface understands few issues
from the assigned chapter. presented in the chapter. understanding of the ideas from the chapters.
presented.
Content Demonstrates a clear and Demonstrates superficial
deep understanding of the understanding of the ideas
lesson. from the lesson.
Presentation contained little
to no valuable material.
Very clear and concise flow Clear flow of ideas. Presentation had moments Hard to follow the flow of
of ideas. where valuable material was ideas.
Demonstrates interest in present but as a whole
Presentation Demonstrates passionate topic. The presentation had content was lacking. Lack of enthusiasm and
interest in the topic and organizing ideas but could interest.
engagement with the have been much stronger
lesson. with better preparation.
3
The presentation lacked
organization and had little
evidence of preparation.
Excellent research with Appropriate research into Most ideas flow but focus is No research into the lesson
clearly relevant examples to the lesson with acceptable lost at times. Limited with inappropriate choice of
reinforce understanding of examples to reinforce evidence of interest in and examples or lacking in
Examples
the topic/lesson. understanding of the engagement with the topic. examples
message and add to the
effectiveness of the lesson.
Activity Excellent points to develop Questions and discussion Weak research into the Little or no attempt to
deep understanding. addressed important lesson with poor choice of engage in learning.
information that developed examples that do not
Appropriate and imaginative understanding. Appropriate reinforce understanding of
activities used to extend activities used to clarify the message and does not
understanding in a creative understanding. aid to the effectiveness of
manner. the lesson.
A. ANARCHY (from Greek: avapxia anarchia, “without ruler”) may refer to any of the following:
a. “No rulership or enforced authority.”
b. Absence of government; a state of lawlessness due to the absence or inefficiency of the supreme power;
political disorder.”
c. A social state in which there is no governing person or group of persons, but each individual has absolute
liberty (without the implication of disorder).
d. “Absence or non-recognition of authority and order in any given sphere.”
Anarchism- anarchists are those who advocate the absence of the state, arguing that common sense would allow
people to come together in agreement to form a functional society allowing for the participants to freely develop
their own sense of morality, ethics or principled behaviour.
4
And political stability maintained by “control over and support of the military to provide security to the system
and control of society;
A pervasive bureaucracy staffed by the regime;
Control of internal opposition and dissent;
Creation of allegiance through various means of socialization.”
D. Autocracy
A form of government in which the political power is held by a single, self- appointed ruler. The term autocrat
is derived from the Greek word αὐτοκρατής (lit. “self-ruler”, or he who rules by one’s self.
Oligarchy- rule by the few
Democracy- rule by the people
E. Democracy
A form of government in which the sovereign power resides in and is exercised by the whole body of free
citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy or
oligarchy.
F. Participatory Democracy (direct democracy)
A process promoted by the New Left in the early 1960’s and on through 1980’s, emphasizes the broad
participation (decision making) of constituents in the direction and operation of political systems. Etymological roots
of democracy (Greek demos and kratos) imply that the people are in power and rely on the participation of its
citizens. However, traditional representative democracy tends to limit citizen participation to voting, leaving actual
governance to politicians.
H. Islam and Democracy
Known as Islamic democracy, two kinds of democratic states can be recognized in the Islamic countries.
A democratic state which recognizes Islam as a state religion, such as Malaysia, Pakistan, Algeria or
Bangladesh. Some religious value are incorporated into public life, but Islam is not the only source of law.
A democratic state which endeavours to institute Shariah. It is also called as Islamist democracy. Islamist
democracy offers more comprehensive inclusion of Islam into the affairs of the state. Islamist democracy is highly
controversial topic.
I. SOCIAL DEMOCRACY
An ideology that seeks to promote egalitarianism within a capitalist system. This involves using social and economic
interventions in order to create a fair and equal society within a capitalist framework.
Task/Activity
Think piece. Fill in the semantic used with the examples of countries which are/were under this type of government
(20 points).
Aristocracy
5
Rubrics:
TOPIC 3: ECONOMY
Economy
Is very significant to globalization as it provides power to a nation in central of economic material that the
people around the globe need in order to survive. Without economy, a country will forever be dependent to
another will become slave of the countries that are economically stable. Peace and stability will be will never
be attained since the populace will all clamour for anything by any means possible. The people will be
ungovernable, there will be no rule of law but rule of the strong, whoever has the means is in control of the
others, and the result will be chaos.
1. What is Economy?
A lubricant of progress. Progress is an encompassing term which broadly means satisfaction of human
needs where according to the hierarchy of needs. Human needs varies but can be summarized into food, clothing
and shelter. All these can be derived from the resources each nation or state has. The capability of a nation/state
to discover, produce these resources defines their economic progress. Hence, for an economy to mobilize, the
following are given considerations;
6
A. Human Resources
The ability of a nation to educate, mobilize and utilize its human resources means
productivity. The product produced by human ingenuity is the measure of their educational
and training standards. By no means, a nation can be considered progressive if it depends
on others for its needs.
B. Natural Resources
This refers to all things visible and invisible that support human life. The discovery and
utilization of these things defines the standard of living of a nation. Over utilization and
improper abuse of these resources leads a nation to ultimate poverty and discretion.
C. Currency
This refers to the standard of exchange human ingenuity has established. It becomes also
standard measure of economists to determine progress and poverty of a family and nation.
Misunderstanding on the meaning of currency makes one a slave of it, it is therefore inherent
that one must understand currency as only an instrument and not everything. That with or
without it, life will always be meaningful.
D. Governance
The form of government is one of the key factor in economic development, this is due to the
fact that, a government monopolizing everything and making its human resources slave will
become inutile and cannot be productive. While a government that govern its human
resources with freedom to think and innovate will be productive because it will maximize the
utilization of its natural resources while preserving their resources for future generations.
7
- All forms of communications are entitled to the board protection of the freedom of expression clause.
Necessarily, however, the freedom of television and radio broadcasting is somewhat lesser in scope than
the freedom accorded to newspaper and print media. Eastern broadcasting corporation (DYRE) v. Dans,
L-59329, July 19, 1985, 137 SCRA 635.
e. Freedom of the Press- consists in the right to print and publish any statement whatever without subjection
to the previous censorship of the government. US. V. Sotto, 38 Phil 674.
- Freedom of the press consists in the right to publish the truth, with good motives and with justifiable ends,
although such publication maybe offensive to the government, to the court, or to individuals. US. V.
Perfecto, 43 Phil 62.
- The right to print what one chooses without any previous license. Gozales v. Katigbak, L-69500, July 22,
1985; 137 SCRA 724.
Freedom and Knowledge
Why the degree of freedom would explain the levels of development?
It is because freedom is closely related to knowledge and therefore also to technical progress, which is the
source of economic power. Of course Individuals deprived of freedom cannot create.
We have 5 criteria by which to measure knowledge:
a. Education rate;
b. Number of scientist;
c. Illiteracy rate;
b. Number of internet users; and
c. Proportion of exports in high technology.
a. Education rate
Education levels vary between countries around the world. In general, people in underdeveloped and
undeveloped countries do not have access to quality education or education at all. Those in developed nations
have higher literacy rates and at least a basic high school education.
According to the Global Partnership for Education, education plays a key role in human, social, and
economic development. Education is considered to be a human right and plays a key role in human, social, and
economic development. Education promotes gender equality, promotes peace, and increases a person’s
chances of having more opportunities in life.
The best countries for education are ranked based on a perception-based global survey, which used a
compilation of scores from three equally-weighted attributes: a well-developed public education system, would
consider attending university there, and provides top-quality education. As of 2018, the top ten countries based
on education rankings are:
8
Canada
Germany
France
Australia
Switzerland
Sweden
Japan
The Netherlands
Education rankings are dependent upon many different aspects of learning, like completing primary
school or graduating high school. Let’s take a look at countries by categories on a smaller scale to give you an
idea of how each country’s education systems perform on average.
b. Number of Scientist
Number of scientists and researchers per 1,000 employed (full time equivalent) in comparison between
countries 2018.
c. Illiteracy Rate
The illiteracy rate among all adults (over 15-year-olds) in 2018 by world region
The statistics show the illiteracy rate (proportion of illiterate people among all over 15-year-olds) in 2018*,
by world regions. The illiteracy rate was 31.3 percent in South Asia. Adult illiteracy rate is defined as the
percentage of the population ages 15 and older who cannot read or write.
9
d. Number of Internet Users
Developing economies, Malaysia, Mexico, and the Philippines exported the most high-tech goods in 2015
(as measured in billions of US Dollars). In 2015, developed economies including Germany, the United States, and
Japan led the world in exporting of high-tech goods, including those in the aerospace, computer, and
pharmaceutical industries. But developing economies are exporting these types of goods as well. Among
developing economies, Mexico, Malaysia and the Philippines were world leaders in high-tech exports.
Task/Activity
Essay. Answer the following questions (10 points each).
10
2. What are the possible problems in the Philippines in terms of:
a. Education rate; and
b. Technology advancement.
Rubrics:
Score 25-20 points 19-15 points 14-10 points 9-0 points
Identifies, labels and Demonstrates good Demonstrates Identifies, labels and
understands all main issues understanding of the ideas limited/surface understands few issues
from the assigned chapter. presented in the chapter. understanding of the ideas from the chapters.
presented.
Demonstrates a clear and Demonstrates superficial
Content
deep understanding of the understanding of the ideas
lesson. from the lesson.
Presentation contained
little to no valuable
material.
Very clear and concise flow Clear flow of ideas. Presentation had moments Hard to follow the flow of
of ideas. where valuable material was ideas.
Demonstrates interest in topic. present but as a whole
Demonstrates passionate The presentation had content was lacking. Lack of enthusiasm and
Presentation interest in the topic and organizing ideas but could interest.
engagement with the have been much stronger with
lesson. better preparation. The presentation lacked
organization and had little
evidence of preparation.
Excellent research with Appropriate research into the Most ideas flow but focus is No research into the
clearly relevant examples to lesson with acceptable lost at times. Limited lesson with inappropriate
reinforce understanding of examples to reinforce evidence of interest in and choice of examples or
Examples
the topic/lesson. understanding of the message engagement with the topic. lacking in examples
and add to the effectiveness of
the lesson.
Activity Excellent points to develop Questions and discussion Weak research into the Little or no attempt to
deep understanding. addressed important lesson with poor choice of engage in learning.
information that developed examples that do not
Appropriate and imaginative understanding. Appropriate reinforce understanding of
activities used to extend activities used to clarify the message and does not
understanding in a creative understanding. aid to the effectiveness of
manner. the lesson.
11
TOPIC 4: NATIONAL SYSTEM OF CRIMINAL JUSTICE ACROSS THE WORLD
Civilization and Modernization
Modernization has been a profound change of human civilizations—a worldwide phenomenon and trend
since the 18th century. It includes not only the great change and transformation from traditional to modern politics,
economy, society and culture but also all human development and the rational protection of the natural environment
at present. It has changed not only people’s lives in many aspects, but also the strategic pattern of world. System.
At present, modernization is not only a worldwide phenomenon, but also a development goal of many
countries. It is a common responsibility of the world scientific community to study the principles, explain the
phenomenon and serve to reach goals of modernization.
The Russian-Chinese Scientific Conference on Civilization and Modernization (the first of its kind) was held
at the Institute of Philosophy of the Russian Academy of Science (RAS) from 29 to 30 May 2012. Leading experts
from the Institute of Philosophy RAS, the China Centre for Modernization Research of the Chinese Academy of
Science (CAS), the Institute of Sociology RAS and the Institute of Social and Economic Problems of Territories
RAS, of Kursk and Tyumen state universities, and other research centers took part.
Writing in the quarterly Milken Institute Review in late 2017, Dani Rodrik, author of “Straight Talk on Trade:
Ideas for a Sane World Economy,” argued that a rebalancing of globalization is necessary to restore more voice to
labor and its needs for job and income stability while focusing attention globally on where the biggest economic
gains can be made.
12
agents in the world system. All others must remain clients or dependents. Japan demonstrated this better than any
other nation. From a poor nation humiliated at the hands of the West in the mid-19th century, Japan rose through
industrialization to become one of the most powerful societies in the world. More pointedly, Japan showed that, by
meeting the challenge of industrialization, a non-Western society could become not merely the equal but the
superior of some of the strongest Western powers.
Japan confirmed what Western experience had already made clear: There are several routes to modernity.
In the 19th century Britain, Belgium, France, and the United States industrialized largely on the basis of the
individual entrepreneur and the free market economy. In Germany, and even more in Japan, the state and political
elites played a major role, organizing credit, coordinating and planning development, and restricting foreign access
to home markets in the interests of native industry. Later still came the even more centralized authoritarian model
of modernization under the aegis of the one-party state. Taking their lead from the Soviet Union following
the Russian Revolution of 1917, many developing countries in Asia, Africa, and Latin America sought to industrialize
according to economic plans drawn up by political elites and stringently imposed on their populations. Even where,
as in India, formal liberal democracy was instituted, industrialization was largely guided by a single national party—
usually the one identified with the struggle for independence from colonial rule, as was the Indian National
Congress party. In any case, there were plenty of socialisms to choose from. There were the African socialisms
of Kwame Nkrumah’s Ghana and Julius Nyerere’s Tanzania, the Chinese socialism of Mao Zedong, the Cuban
socialism of Fidel Castro, or the Yugoslav socialism of Josip Broz Tito. All could aspire to be models of development
to Third World societies. None, however, were able to achieve successful records of economic development under
central planning.
Japan and the Soviet Union (until its dissolution in 1991) suggested, in their different ways, that there was
a general pattern of late development appropriate to all those nations that attempted to industrialize in the shadow
of already formidable industrial powers. This pattern variously involved strong protectionism, directed labour, control
of unions, and central supervision of banking and credit. It also meant circumventing the sharp division between
management and workers that hampered most early Western industrializers and that continued to worry them in
their later industrial history. Above all, late developers put the power of the state at the centre of the modernizing
effort. The state was the prime mover and guardian of the whole enterprise. Unlike Britain or the United States,
where the state—at any rate in the early stage—encouraged development more or less passively, keeping the
peace and enforcing the laws and perhaps arranging for some free land (as for the railroads in the United States),
in countries such as Japan, the former Soviet Union, and China the state directed the industrializing process from
the start and supervised it closely throughout. The state made the major decisions about investment, transport and
communications, and education.
It developed the media of mass communications as agencies of mass socialization. Therefore, whether or
not the economy was formally nationalized, in practice economic development was placed firmly under
national auspices and directed to nationalist end.
13
Task/Activity
Think Piece. Sketch a picture that represents what you’ve learned in this lesson. Remember, it’s not about the
quality of the art (30 points).
Rubrics:
Score 30-20 points 19-15 points 14-10 points 9-0 points
Identifies, labels and Demonstrates good Demonstrates Identifies, labels and
understands all main issues understanding of the ideas limited/surface understands few issues
from the assigned chapter. presented in the chapter. understanding of the ideas from the chapters.
presented.
Content Demonstrates a clear and Demonstrates superficial
deep understanding of the understanding of the ideas
lesson. from the lesson.
Presentation contained little
to no valuable material.
Very clear and concise flow Clear flow of ideas. Presentation had moments Hard to follow the flow of
of ideas. where valuable material was ideas.
Demonstrates interest in present but as a whole
Presentation
Demonstrates passionate topic. The presentation had content was lacking. Lack of enthusiasm and
interest in the topic and organizing ideas but could interest.
14
engagement with the have been much stronger The presentation lacked
lesson. with better preparation. organization and had little
evidence of preparation.
Excellent research with Appropriate research into Most ideas flow but focus is No research into the lesson
clearly relevant examples to the lesson with acceptable lost at times. Limited with inappropriate choice of
reinforce understanding of examples to reinforce evidence of interest in and examples or lacking in
Examples
the topic/lesson. understanding of the engagement with the topic. examples
message and add to the
effectiveness of the lesson.
Activity Excellent points to develop Questions and discussion Weak research into the Little or no attempt to
deep understanding. addressed important lesson with poor choice of engage in learning.
information that developed examples that do not
Appropriate and imaginative understanding. Appropriate reinforce understanding of
activities used to extend activities used to clarify the message and does not
understanding in a creative understanding. aid to the effectiveness of
manner. the lesson.
a. “Safari” Method (a researcher visits another country) or “collaborative” method (the researcher
communicates with a foreign researcher).
b. Published works tend to fall into:
– Single-culture studies (the crime problem of a single foreign country is discussed)
– Two-culture studies (the most common type) Comprehensive textbooks (it covers three or more
countries). The examination of crime and its control in the comparative context often requires an
historical perspective since the phenomena under study as seen as having developed under
unique social, economic, and political structures.
c. Historical-comparative method
– The most often employed by researchers. It is basically an alternative to both quantitative and
qualitative research methods that is sometimes called historiography or holism.
James Sheptycki (1996) has raised concerns over the lack of accountability that arise from police agents
investigating suspects in foreign countries without the limitations that are placed on police organizations in their
own country.
David Bayley (1995) has argued that police institutions are central in the democratization process, because
law enforcement agencies are such a visible instrument of power with which many citizens are confronted.
15
Task/Activity
Essay/Research. Answer the given question. Write your answer below (15 points).
Rubrics:
Score 25-20 points 19-15 points 14-10 points 9-0 points
Identifies, labels and Demonstrates good Demonstrates Identifies, labels and
understands all main issues understanding of the ideas limited/surface understands few issues
from the assigned chapter. presented in the chapter. understanding of the ideas from the chapters.
presented.
Demonstrates a clear and Demonstrates superficial
Content
deep understanding of the understanding of the ideas
lesson. from the lesson.
Presentation contained
little to no valuable
material.
Very clear and concise flow Clear flow of ideas. Presentation had moments Hard to follow the flow of
of ideas. where valuable material was ideas.
Demonstrates interest in topic. present but as a whole
Demonstrates passionate The presentation had content was lacking. Lack of enthusiasm and
Presentation interest in the topic and organizing ideas but could interest.
engagement with the have been much stronger with
lesson. better preparation. The presentation lacked
organization and had little
evidence of preparation.
Excellent research with Appropriate research into the Most ideas flow but focus is No research into the
clearly relevant examples to lesson with acceptable lost at times. Limited lesson with inappropriate
reinforce understanding of examples to reinforce evidence of interest in and choice of examples or
Examples
the topic/lesson. understanding of the message engagement with the topic. lacking in examples
and add to the effectiveness of
the lesson.
Activity Excellent points to develop Questions and discussion Weak research into the Little or no attempt to
deep understanding. addressed important lesson with poor choice of engage in learning.
information that developed examples that do not
Appropriate and imaginative understanding. Appropriate reinforce understanding of
activities used to extend activities used to clarify the message and does not
understanding in a creative understanding. aid to the effectiveness of
manner. the lesson.
16
TOPIC 6: CRIMINAL JUSTICE PROCESS
a. Investigation
- This is an inquiry, judicial or otherwise, for the discovery and collection of facts concerning the matters or matters
involved.
- It is the process of inquiring, eliciting and getting vital information/facts/circumstances in order to establish the
truth.
b. Search Warrant
- This is an order in writing, issued in the name of the People of the Philippine Islands, signed by a judge or a
justice of the peace, and directed to a peace officer, commanding him to search for personal property and bring it
before the court. [Alvarez vs. Court of First Instance of Tayabas, G. R. No. 45358, 29 January 1937]
c. Interrogation
- is the questioning of a person suspected of having committed an offense or of a person who is reluctant to make
a full disclosure of information in his possession which is pertinent to the investigation.
d. Arrest
- is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
e. Complaint
- A sworn written statement charging a person with an offense subscribed by the offended party, any peace officer,
or other public officer charged with the enforcement of the law violated.
f. Information
- All evaluated materials of every description including those derived from observation, reports, rumors, imagery,
and other sources from which intelligence in produced.
- Information is a communicated knowledge by others obtaining by personal study, investigation, research,
analysis, observation. The use of modern gadgets in intelligence and other things and material that possess or
contain a desire information or knowledge.
g. Arraignment
- is a court proceeding at which a criminal defendant is formally advised of the charges against him and is asked
to enter a plea to the charges.
h. Bail
- The word “bail” was used in the prohibition against excessive bail is inadequately translated by the word
“fianza”,as bail implies a particular kind of bond that is to say, a bond given to secure the personal liberty of one
held in restraint upon a criminal or quasi criminal charge.
i. Plea Negotiations
- It is the disposition of criminal charges by agreement between the prosecution and the accused.
j. Trial
1. the prosecution shall present evidence to prove the charge and, in the proper case, the civil liability;
2. The accused may present evidence to prove his defense and damages, if any, arising, from the issuance of
a provisional remedy in the case;
3. The prosecution and the defense may, in that order present rebuttal and sur-rebuttal evidence unless the
court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue;
4. Upon admission of evidence of the parties, the case shall be deemed submitted for decision unless the court
directs them to argue orally or to submit written memoranda; and
5. When the accused admits the act or omission charged in the complaint or information but interposes a lawful
defense, the order of trial may be modified.
k. Appeal
- to ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling.
17
Task/Activity
Essay. Answer the question given below (15 points).
What is the importance of learning the criminal justice processes as a criminology student and future law
enforcer?
Rubrics:
Score 25-20 points 19-15 points 14-10 points 9-0 points
Identifies, labels and Demonstrates good Demonstrates Identifies, labels and
understands all main issues understanding of the ideas limited/surface understands few issues
from the assigned chapter. presented in the chapter. understanding of the ideas from the chapters.
presented.
Demonstrates a clear and Demonstrates superficial
Content
deep understanding of the understanding of the ideas
lesson. from the lesson.
Presentation contained
little to no valuable
material.
Very clear and concise flow Clear flow of ideas. Presentation had moments Hard to follow the flow of
of ideas. where valuable material was ideas.
Demonstrates interest in topic. present but as a whole
Demonstrates passionate The presentation had content was lacking. Lack of enthusiasm and
Presentation interest in the topic and organizing ideas but could interest.
engagement with the have been much stronger with
lesson. better preparation. The presentation lacked
organization and had little
evidence of preparation.
Excellent research with Appropriate research into the Most ideas flow but focus is No research into the
clearly relevant examples to lesson with acceptable lost at times. Limited lesson with inappropriate
reinforce understanding of examples to reinforce evidence of interest in and choice of examples or
Examples
the topic/lesson. understanding of the message engagement with the topic. lacking in examples
and add to the effectiveness of
the lesson.
Activity Excellent points to develop Questions and discussion Weak research into the Little or no attempt to
deep understanding. addressed important lesson with poor choice of engage in learning.
information that developed examples that do not
Appropriate and imaginative understanding. Appropriate reinforce understanding of
activities used to extend activities used to clarify the message and does not
understanding in a creative understanding. aid to the effectiveness of
manner. the lesson.
18
ASSESSMENT: LONG QUIZ
Identification: Write your answer on the space provided before each number.
_____________1. This is a form of government in which the sovereign power resides in and is exercised by the
whole body of free citizens directly or indirectly through a system of representation.
_____________2. This is a court proceeding at which a criminal defendant is formally advised of the charges
against him and is asked to enter a plea to the charges.
_____________3. This is the privilege of uttering or publishing anything a citizen may see fit to utter or publish
without the previous permission of any government official.
_____________4. This is defined as the beliefs, values, and/or principles by which a group identifies its particular
aims and goals.
_____________5. This refers to the standard of exchange human ingenuity has established.
_____________6. A researcher visits another country) or “collaborative” method (the researcher communicates
with a foreign researcher).
_____________7. This is an inquiry, judicial or otherwise, for the discovery and collection of facts concerning the
matters or matters involved.
_____________8. This is a form of government in which a selected few such as most wise, strong or contributing
citizens rule.
_____________9.This is the circulation of ideas languages, and popular culture.
_____________10. It is basically an alternative to both quantitative and qualitative research methods.
_____________11. This is the right to print and publish any statement whatever without subjection to the previous
censorship of the government.
_____________12. This is an ideology that seeks to promote egalitarianism within a capitalist system.
_____________13. In this method, researcher communicates with a foreign researcher.
_____________14. It tends to increase at a much greater rate than the growth in world trade.
_____________15. The benefits of globalization can be unfairly skewed towards rich nations or individuals,
creating greater economic inequalities.
_____________16. This is taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
______________17. The product produced by human ingenuity is the measure of their educational and training
standards. By no means, a nation can be considered progressive if it depends on others for its needs.
______________18. This form of government characterized by an emphasis on the authority of the state in a
republic or union.
______________19. This refers to all things visible and invisible that support human life.
______________20. This is the questioning of a person suspected of having committed an offense.
19
LESSON 2
COMPARATIVE POLICE SYSTEM
TOPICS
1. Theories of Comparative Policing
2. Model of Police System
LEARNING OUTCOME
At the end of the lesson, you should be able to:
1. to compare and contrast criminal justice system in terms of the major legal traditions
used across the world.
1. Alertness to crime theory is that as a nation develops, people’s alertness to crime is heightened, so they
can report more crime to police and also demand the police to become more effective at solving problems.
2. Economic migration theory is that crime everywhere is the result of unrestrained migration and
overpopulation in urban areas such as ghettos and slums.
3. Opportunity theory is that along with higher standards of living, victims become more careless of their
belongings, and opportunities for committing crime multiply.
4. Demographic theory is based on the vent of when a greater number of children are being born, because
as these baby booms grow up, delinquent subcultures develop out of the adolescent identity crisis.
5. Deprivation theory holds that progress comes along with rising expectations, and people at the bottom
develop unrealistic expectations while people at the top don’t see themselves rising fast enough.
20
6. Modernization theory sees the problem as society becoming too complex.
7. Theory of anomie and synomie (the latter being a term referring to social cohesion on values), suggests
that progressive lifestyles and norms result in the disintegration of older norms that once held people
together (anomie).
21
2. Civil Law Systems
Also known as Continental justice or Romano-Germanic justice, and practiced throughout most of the
European Union as well as elsewhere, in places such as Sweden, Germany, France and Japan. They are
distinguished by a strong inquisitorial system where fewer rights are granted to the accused, and the written law
is taken as gospel and subject to little interpretation.
For example, a French maxim goes like this: “If a judge knows the answer, he must not be prohibited from
achieving it by undue attention to regulations of procedure and evidence.
3. Socialist Systems
These are also known as Marxist-Leninist justice, and exist in many places, such as Africa and Asia,
where there has been a Communist revolution or the remnants of one. They are distinguished by procedures
designed to rehabilitate or retrain people into fulfilling their responsibilities to the state.
4. Islamic Systems
Are also known as Muslim or Arabic justice, and derive all their practices from interpretation of the Koran.
1. Adversarial System
In adversarial the accused is innocent until proven guilty. The U.S. adversarial system is unique in the
world. No other nation, not even the U.K., places as much emphasis upon determination of factual guilt in the
courtroom as the U.S. does.
2. Inquisitorial Systems
It is where the accused is guilty until proven innocent or mitigated, have more secret procedures. Outside
the U.S., most trials are concerned with legal guilt where everyone knows the offender to apologize, own up
to their responsibility, argue for mercy, or suggest an appropriate sentence for themselves.
Modernization thesis
The developing countries are destined to go through the same crime and control pattern, the
developed nations have gone through. This patter may involves a skyrocketing increase in property crime,
the hallmark of industrial society. It also involves more female emancipation and certain problems arise from
this, not the least of which is a backlash of male violence. The implication of the modernization thesis is that
developed countries like the U. S. ought to reach out, and help developing countries manage or regulate the
inevitable stages they will have to go through.
Colonization thesis which holds that it is the most advanced, developed nations in the world which cause crime
in dependent Third World nations. Most of the developed nations do not engage in free trade. Instead, they
subsidize their farmers and procedures at home, prohibit the import of cheap, foreign-made products, and
make their money by saturating foreign markets with luxury goods that create a sense of rising expectations
or unreachable aspirations in the Third World.
22
Task/Activity
Rubrics:
Score 30-20 points 19-15 points 14-10 points 9-0 points
Identifies, labels and Demonstrates good Demonstrates Identifies, labels and
understands all main issues understanding of the ideas limited/surface understands few issues
from the assigned chapter. presented in the chapter. understanding of the ideas from the chapters.
presented.
Demonstrates a clear and Demonstrates superficial
Content
deep understanding of the understanding of the ideas
lesson. from the lesson.
Presentation contained
little to no valuable
material.
Very clear and concise flow Clear flow of ideas. Presentation had moments Hard to follow the flow of
of ideas. where valuable material was ideas.
Demonstrates interest in topic. present but as a whole
Demonstrates passionate The presentation had content was lacking. Lack of enthusiasm and
Presentation interest in the topic and organizing ideas but could interest.
engagement with the have been much stronger with
lesson. better preparation. The presentation lacked
organization and had little
evidence of preparation.
Excellent research with Appropriate research into the Most ideas flow but focus is No research into the
clearly relevant examples to lesson with acceptable lost at times. Limited lesson with inappropriate
reinforce understanding of examples to reinforce evidence of interest in and choice of examples or
Examples
the topic/lesson. understanding of the message engagement with the topic. lacking in examples
and add to the effectiveness of
the lesson.
Activity Excellent points to develop Questions and discussion Weak research into the Little or no attempt to
deep understanding. addressed important lesson with poor choice of engage in learning.
information that developed examples that do not
Appropriate and imaginative understanding. Appropriate reinforce understanding of
activities used to extend activities used to clarify the message and does not
understanding in a creative understanding. aid to the effectiveness of
manner. the lesson.
23
TOPIC 2: MODELS OF POLICE SYSTEM
SWITZERLAND POLICE
General Purpose
The Federal Office of Police (Fedpol) works with its international and cantonal partners as a center for
information, coordination/cooperation and analysis in matters concerning the internal security of
Switzerland.
Education/Training
Organized at Cantonal levels
Five Different Schools
Swiss Police Institute
The Intercantonal Police Academy
Police- School Eastern Switzerland
Police Academy Savatan
The Association of the Swiss Police Officers
The German-speaking cantons distinguish generally between criminal, security and traffic police, the
security police having the more general function of maintaining law and order and the criminal police having
the more specific task of investigation of crimes
The French-speaking cantons as well as the canton Ticino distinguish generally between the “gendarmerie“
and “police de sûreté“, with the latter being the equivalent to the criminal police, and the “gendarmerie”
corresponds to the security police in the German-speaking cantons but also act as traffic police.
IRELAND POLICE
RECRUITMENT
No requirement specific height
Must pass The Physical Assessment
a. Physical Competency Test (PCT)
b. Physical Fitness Test.
Must be 18 years of age but not yet 35 years
Be a national of a European Union Member State, or
(ii) Be a national Swiss Confederation, or
(iii) Be a refugee under the Refugee Act, 1996
SUPERVISING AGENCY
The Ministry for Justice, Equality and Law Reform
TRAINING
General Information of Ireland
It must complete the two-year programmed graduate from the National Police (“Garda”) College with
a Diploma in Police Studies.
• Retirement prior to completion of 30 years approved service - Retirement at 50 years of age.
• Voluntary Resignation
24
• Retirement on grounds of ill health
• Pensionable Allowances
• Special Pension
• Superannuation
• Survivors Contributory Pension (Social Welfare Acts)
• Garda Contributory Spouses’ and Children’s Scheme
• Transfer of Pension Rights
• General Pay Increases within 3 Months of Retirement at 60
Base pay insurance and health care benefits
EGYPT POLICE
Qualifications
-Egyptian Citizen
-Physically and mentally fit
-Basic Education graduate of either 4 years o 2 years Police academy or school.
Trainings
Police academy offers a two-year program which includes:
Salaries
Deployment
Lowest-ranking officer - 800 EGP=4807.86PHP (monthly)
Egypt National Police was responsible for maintaining law and order, preventing and detecting
crime, supporting the court system through the collection of evidence, and other police duties, including
processing passports, screening immigrants, operating prisons, controlling traffic, guarding special events
and celebrities, suppressing smuggling and narcotics trafficking, preventing political subversion and
sabotage, guarding transport and utility installations, preventing black marketing, and participating in civil
defense.
25
POLICE CONGO
The Police Nationale Congolaise (PNC) is the national police force in the Democratic Republic of Congo.
It is staffed with a combination of retired officers; members of ex-militia groups; and ex-military personnel. The ex-
combatants were integrated into the police as a matter of political convenience and without specific training. The
mixture of civilians and ex-military personnel of diverse origin has contributed to the lack of cohesion within the
police. The police force is separated into an administrative branch (police administrative) and a legal branch (police
judiciaire), both of which work with the judiciary to prosecute offences. It has five police structures, namely the
Superior Council, General Commissionership, Inspectorate General, Provincial police stations and territorial and
local units.
Oversight Mechanisms
The PNC has a division for internal monitoring the Inspection-Generale d’Audit. Incidents of indiscipline
by police officials are dealt with by the military justice system, which has been criticized by the Congolese civil
society, which also provides oversight. The judiciary plays the role of overseer but its role is limited as judicial
decisions are enforced in the name of the President and are therefore subject to political interference.
26
Activity\
Task/Activity
Essay/Research. Write your answer in a one whole sheet of paper (5 points each).
Research 3 police model systems from other countries which are not discussed in this topic. Include the following
areas:
a. Organization;
b. function; and
c. type of policing.
Rubrics:
27
ASSESSMENT: LONG QUIZ
Identification: Write the correct answers on the space provided.
___________1. In this theory they can report more crime to police and also demand the police to become more
effective at solving problems.
___________2. In this system, the accused is innocent until proven guilty
___________3. In this police model system, successfully completed 58 weeks of training, after which they become
probationary police officers for a further two years.
___________4. This is type of police system also known as Anglo-American justice.
___________5. It refers to a system where police administrations and operations are independent from one state
to another.
___________6. In this theory it holds that progress comes along with rising expectations, and people at the bottom
develop unrealistic expectations while people at the top don’t see themselves rising fast enough.
___________7. In this theory, Policemen are servant of the community.
___________8. This system has little codification of law, no specialization among police, and a system of
punishment.
___________9. These system is also known as Marxist-Leninist justice.
___________10. In this theory, the yardstick of the efficiency of the police is determined by the numbers of arrest.
___________11. In this theory victims become more careless of their belongings, and opportunities for committing
crime multiply.
___________12. This society not only has codified laws (statutes that prohibit) but laws that prescribe good
behaviour.
___________13. The Commissioner is the highest-ranking officer within the police force, superseded only by
the Minister of National Security. This Police Force was in _____.
___________14. In this system, only one recognized police force which operates entire that country.
___________15. In this system the accused is guilty until proven innocent or mitigated, have more secret
procedures.
28
LESSON 3
INTERPOL
TOPICS
1. Brief history of INTERPOL
2. INTERPOL General Overview
3. Role of INTERPOL in crime controlrim1. Crime has become
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
1. analyze the impact of Interpol on developing and changing nations; and
2. identify the functions and purpose of the INTERPOL as a support and assistant in
INTERPOL’S STRUCTURE
all organizations, authorities and services.
29
The current emblem/ logo of Interpol was adopted in 1950 and according to their website
Has the following symbolism.
Regional Bureaus
INTERPOL has six Regional Bureaus (RB’s), which are permanents departments of the General
Secretariat and were established to bring the General Secretariat closer to the regions.
The duties of the RB’s are the same as those of the General Secretariat, but each RB deals with regional
issues- based on its geographic proximity- since it is best placed to provide the most appropriate response
in any particular situation.
A. STAFFING
The RB staff are generally recruited from within the region and their number and role
can vary, depending on the specific needs, goals and priorities of each region.
30
B. HEAD OF BUREAU
Responsible for applying the priorities of the organization and those of regional police
chiefs committees where they exist;
C. SPECIALIZED OFFICERS
Police officers specialized in the different kinds of crime prevalent in each region;
D. NETWORK ANALYST
A technical officer responsible for providing technical support not only within the
SRB but also to National Central Bureaus in the region; and
E. CRIME ANALYST
Provides analytical work on crimes in the region, related to work for the General
Secretariat and for the regional police chiefs communities.
Task/Activity
Research Activity. Give at least 20 member countries of the INTERPOL (20 points).
31
TOPIC 2: INTERPOL GENERAL OVERVIEW
INTERPOL is the largest international police organization in the world. It was set up in 1923 to facilitate
cross-border criminal police cooperation and today has 194 member countries spread over five continents. It
supports and assists all organizations, authorities and services whose mission is to prevent or combat international
crime.
INTERPOL’S CORE FUNCTIONS
Interpol’s activities are guided by the following four core functions:
1-24/7 – network that enables investigators to access INTERPOL’S range of criminal databases.
32
Johann Schober (1923-1932) - the first
president of the Interpol.
C. General Secretariat
Headed by secretary general appointed by general assembly maybe re-elected.
Located in Lyon, France, the general secretariat operates 24 hours a day, 365 days a year.
Oskar Dressler – the first secretary general of Interpol.
Ronald K. Noble - was elected Secretary General by the 69th INTERPOL General Assembly in Rhodes,
Greece, in 2000, and was unanimously reelected to a second five-year term by the 74th INTERPOL
General Assembly in Berlin, Germany.
33
Be designated contact point of the General Secretariat for all INTERPOL Operations, regional offices
and other member countries requiring assistance with overseas investigations and the location and
apprehension of fugitives.
Red Notice
To seek the arrest or provisional arrest of wanted persons with a
view to extradition.
Blue Notice
To collect additional information about a person’s identity or
activities in relation to a crime.
Green Notice
To provide warnings and criminal intelligence about persons who
have committed criminal offences and are likely to repeat these
crimes in other countries.
Yellow Notice
To help locate missing persons, often minors, or to help identify
persons who are unable to identify themselves.
Black Notice
To seek information on unidentified bodies.
Orange Notice
To warn police, public entities and other international organizations
about potential threats from disguised weapons, parcel bombs and
other dangerous materials.
34
3. Drug-Related Crimes,
4. Financial and High-Tech Crime,
5. Trafficking in Human Beings, Anti-Corruption And
6. Fugitive investigation support.
Task/Activity
Essay. Answer the question given below (20 points).
What are the roles and contributions of Interpol in the Philippines?
Rubrics:
Score 25-20 points 19-15 points 14-10 points 9-0 points
Identifies, labels and Demonstrates good Demonstrates Identifies, labels and
understands all main issues understanding of the ideas limited/surface understands few issues
from the assigned chapter. presented in the chapter. understanding of the ideas from the chapters.
presented.
Demonstrates a clear and Demonstrates superficial
Content
deep understanding of the understanding of the ideas
lesson. from the lesson.
Presentation contained
little to no valuable
material.
Very clear and concise flow Clear flow of ideas. Presentation had moments Hard to follow the flow of
of ideas. where valuable material was ideas.
Demonstrates interest in topic. present but as a whole
Demonstrates passionate The presentation had content was lacking. Lack of enthusiasm and
Presentation interest in the topic and organizing ideas but could interest.
engagement with the have been much stronger with
lesson. better preparation. The presentation lacked
organization and had little
evidence of preparation.
Excellent research with Appropriate research into the Most ideas flow but focus is No research into the
clearly relevant examples to lesson with acceptable lost at times. Limited lesson with inappropriate
reinforce understanding of examples to reinforce evidence of interest in and choice of examples or
Examples
the topic/lesson. understanding of the message engagement with the topic. lacking in examples
and add to the effectiveness of
the lesson.
Activity Excellent points to develop Questions and discussion Weak research into the Little or no attempt to
deep understanding. addressed important lesson with poor choice of engage in learning.
information that developed examples that do not
Appropriate and imaginative understanding. Appropriate reinforce understanding of
activities used to extend activities used to clarify the message and does not
understanding in a creative understanding. aid to the effectiveness of
manner. the lesson.
35
TOPIC 3: ROLE OF INTERPOL IN CRIME CONTROL
1. On Illicit Drug Control
The Criminal Organizations and Drug-sub directorate is located within the specialized crime directorate of
the Interpol general secretariat. It is the central repository of professional and technical expertise in drug control
within the Interpol framework. Essentially, it acts as a clearing house for the collection, collation, analysis and
dissemination of drug related information’s. It monitors also the drug situation on global scale, coordinates
international investigations, and maintains liaison with the United Nations, its specialized agencies and other
international and regional organizations involved in the drug control activities. One of its important functions is to
serve as a main source of professional and technical advice on narcotics matters to Interpol bodies such as the
General Assembly, Executive Committees and National Central Bureaus.
The missions of the Criminal Investigation and the Drug sub-directorate is to enhance cooperation among
member countries and to stimulate the exchange information’s among among National and International Law
Enforcement bodies concerned to counter the illicit production, traffic and use of these narcotic drugs and
psychotropic substance. Drawing upon the wide Investigative and analytical experience of its multinational staff, the
Drug sub-directorate serves member states within the areas of:
a. information collection
b. response of data obtained from member states for strategic and tactical intelligence report, and the
dissemination of these reports to concerned member states.
c. identification of international drug trafficking syndicates.
d. coordination on International drug investigation where at least two member states are involved.
e. holding of working meetings involving two or more states where the criminal organizations and drug sub-
directorate has identified common links in cases being investigated in those member countries in order to
exchange information’s and establish future strategies.
f. organizing either regional or worldwide meeting on specific drug topics, on an annual ad hoc basic. The aims
of such meetings includes assessing the extent of such particular drug problem, the exchange of
information’s on the latest methods of investigative techniques and to further strengthen cooperation within
the law enforcement communities.
3. On Environment Crime
Environmental crime can be broadly defined as illegal acts,
which directly harm the environment.
International bodies such as the G8, Interpol, EU, UN
Environment Program and the UN Interregional Crime and
Justice Research Institute have recognized the following
environmental crimes:
36
Smuggling of Ozone depleting substances (ODS) in
contravention to the 1987 Montreal Protocol on Substances
that Deplete the Ozone Layer;
Dumping and illicit trade in hazardous waste in contravention
of the 1989 Basel Convention on the Control of Transboundary
Movement of Hazardous Wastes and Other Wastes and their
Disposal;
Illegal, unreported and unregulated fishing in contravention to
controls imposed by various regional fisheries management
organizations
Illegal logging and the associated trade in stolen timber in
violation of national laws.
37
Task/Activity
Essay. Answer the given question (25 points).
What are the different crimes that INTERPOL handle? Explain the intervention of the INTERPOL for each
type of crime.
38
ASSESSMENT: ESSAY
Answer the questions given below. Write your answer in a one whole sheet of paper (15 points each).
2. Assuming that you are a criminal justice administrator, what interventions you may suggest to control
environmental crimes?
Rubrics:
Score 25-20 points 19-15 points 14-10 points 9-0 points
Identifies, labels and Demonstrates good Demonstrates Identifies, labels and
understands all main issues understanding of the ideas limited/surface understands few issues
from the assigned chapter. presented in the chapter. understanding of the ideas from the chapters.
presented.
Content Demonstrates a clear and Demonstrates superficial
deep understanding of the understanding of the ideas
lesson. from the lesson.
Presentation contained little
to no valuable material.
Very clear and concise flow of Clear flow of ideas. Presentation had moments Hard to follow the flow of
ideas. where valuable material ideas.
Demonstrates interest in topic. was present but as a whole
Demonstrates passionate The presentation had organizing content was lacking. Lack of enthusiasm and
Presentation interest in the topic and ideas but could have been much interest.
engagement with the lesson. stronger with better preparation.
The presentation lacked
organization and had little
evidence of preparation.
Excellent research with Appropriate research into the Most ideas flow but focus is No research into the lesson
clearly relevant examples to lesson with acceptable examples lost at times. Limited with inappropriate choice of
Examples reinforce understanding of the to reinforce understanding of the evidence of interest in and examples or lacking in
topic/lesson. message and add to the engagement with the topic. examples
effectiveness of the lesson.
Activity Excellent points to develop Questions and discussion Weak research into the Little or no attempt to
deep understanding. addressed important information lesson with poor choice of engage in learning.
that developed understanding. examples that do not
Appropriate and imaginative Appropriate activities used to reinforce understanding of
activities used to extend clarify understanding. the message and does not
understanding in a creative aid to the effectiveness of
manner. the lesson.
39
LESSON 4
ESTABLISHING BILATERAL AND INTERNATIONAL COOPERATION IN
ADDRESSING TRANSNATIONAL CRIMES
TOPICS
1. The UN Convention against Transnational Crime
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
1. differentiate the various international law enforcement agencies and cooperatives; and
2. differentiate selected convention agreements ad protocols among UN members
related to peace and order and other matters geared towards addressing conflicts
between nations.
40
Article 3
The Committee shall consider inadmissible any communication under the present Protocol which is
anonymous, or which it considers to be an abuse of the right of submission of such communications or to be
incompatible with the provisions of the Covenant.
Article 4
1. Subject to the provisions of article 3, the Committee shall bring any communications submitted to it under the
present Protocol to the attention of the State Party to the present Protocol alleged to be violating any provision
of the Covenant.
2. Within six months, the receiving State shall submit to the Committee written explanations or statements
clarifying the matter and the remedy, if any, that may have been taken by that State.
Article 5
1. The Committee shall consider communications received under the present Protocol in the light of all written
information made available to it by the individual and by the State Party concerned.
2. The Committee shall not consider any communication from an individual unless it has ascertained that:
(a) The same matter is not being examined under another procedure of international investigation or settlement;
(b) The individual has exhausted all available domestic remedies. This shall not be the rule where the application
of the remedies is unreasonably prolonged.
3. The Committee shall hold closed meetings when examining communications under the present Protocol.
4. The Committee shall forward its views to the State Party concerned and to the individual.
Article 6
The Committee shall include in its annual report under article 45 of the Covenant a summary of its activities
under the present Protocol.
Article 7
Pending the achievement of the objectives of resolution 1514(XV) adopted by the General Assembly of the
United Nations on 14 December 1960 concerning the Declaration on the Granting of Independence to Colonial
Countries and Peoples, the provisions of the present Protocol shall in no way limit the right of petition granted to
these peoples by the Charter of the United Nations and other international conventions and instruments under the
United Nations and its specialized agencies.
Article 8
1. The present Protocol is open for signature by any State which has signed the Covenant.
2. The present Protocol is subject to ratification by any State which has ratified or acceded to the Covenant.
Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3. The present Protocol shall be open to accession by any State which has ratified or acceded to the Covenant.
4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the
United Nations.
5. The Secretary-General of the United Nations shall inform all States which have signed the present Protocol or
acceded to it of the deposit of each instrument of ratification or accession.
Article 9
1. Subject to the entry into force of the Covenant, the present Protocol shall enter into force three months after
the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification
or instrument of accession.
2. For each State ratifying the present Protocol or acceding to it after the deposit of the tenth instrument of
ratification or instrument of accession, the present Protocol shall enter into force three months after the date
of the deposit of its own instrument of ratification or instrument of accession.
41
Article 10
The provisions of the present Protocol shall extend to all parts of federal States without any limitations or
exceptions.
Article 11
1. Any State Party to the present Protocol may propose an amendment and file it with the Secretary-General of
the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the
States Parties to the present Protocol with a request that they notify him whether they favour a conference of
States Parties for the purpose of considering and voting upon the proposal. In the event that at least one third
of the States Parties favours such a conference, the Secretary-General shall convene the conference under
the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and
voting at the conference shall be submitted to the General Assembly of the United Nations for approval.
2. Amendments shall come into force when they have been approved by the General Assembly of the United
Nations and accepted by a two-thirds majority of the States Parties to the present Protocol in accordance with
their respective constitutional processes.
3. When amendments come into force, they shall be binding on those States Parties which have accepted them,
other States Parties still being bound by the provisions of the present Protocol and any earlier amendment
which they have accepted.
Article 12
1. Any State Party may denounce the present Protocol at any time by written notification addressed to the
Secretary-General of the United Nations. Denunciation shall take effect three months after the date of receipt
of the notification by the Secretary-General.
2. Denunciation shall be without prejudice to the continued application of the provisions of the present Protocol to
any communication submitted under article 2 before the effective date of denunciation.
Article 13
Irrespective of the notifications made under article 8, paragraph 5, of the present Protocol, the Secretary-
General of the United Nations shall inform all States referred to in article 48, paragraph I, of the Covenant of the
following particulars:
(a) Signatures, ratifications and accessions under article 8;
(b) The date of the entry into force of the present Protocol under article 9 and the date of the entry into force of
any amendments under article 11;
(c) Denunciations under article 12.
Article 14
1. The present Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic,
shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States
referred to in article 48 of the Covenant.
ASEAN Declaration on Transnational Crime
WE, the ASEAN Ministers of Interior/Home Affairs and Representatives of ASEAN Member Countries,
participating in the first ASEAN Conference on Transnational Crime held in Manila on 18-20 December 1997;
CONCERNED about the pernicious effects of transnational crime, such as terrorism, illicit drug trafficking,
arms smuggling, money laundering, traffic in persons and piracy on regional stability and development, the
maintenance of the rule of law and the welfare of the region’s peoples;
RECOGNIZING the need for clear and effective regional modalities to combat these forms of crimes,
especially on the aspect of information exchange and policy coordination;
42
RECALLING the Naples Political Declaration and Global Plan of Action of 23 November 1994, which
sought international solidarity and effective legal cooperation against these forms of crime;
RECALLING FURTHER the Baguio Communique adopted during the first International Conference on
Terrorism held in Baguio City, Philippines, on 18-21 February 1996, which endeavoured to enhance international
cooperation against all forms of terrorism through such modalities as intelligence-sharing, coordinated policies and
law enforcement training;
NOTING the decision of the 29th ASEAN Ministerial Meeting (AMM) in Jakarta in July 1996 on the need to
focus attention on such issues as narcotics, economic crimes, including money laundering, environment and illegal
migration which transcend borders and affect the lives of the people in the region, and the urgent need to manage
such transnational issues so that they would not affect the long term viability of ASEAN and its individual member
nations;
ENDEAVOURING to further the decision of the First Informal ASEAN Summit in November 1996 in Jakarta
to request the relevant ASEAN bodies to study the possibility of regional cooperation on criminal matters, including
extradition;
PURSUANT to the decision of the 30th AMM in Kuala Lumpur in July 1997 which stressed the need for
sustained cooperation in addressing transnational concerns including the fight against terrorism, trafficking in
people, illicit drugs and arms and piracy;
AFFIRMING the agreement among Heads of Government during the Second Informal Summit in December
1997 in Kuala Lumpur to take firm and stern measures to combat transnational crime such as drug trafficking and
trafficking of women and children, as well as other transnational crime; and,
CONVINCED that the continuity of existing global framework against transnational crime rests on
consolidated regional action in the institutional and operational spheres:
1. Strengthen the commitment of Member Countries to cooperate at the regional level in combating the
transnational crime;
2. Convene at least once every two years ASEAN Ministerial Meeting on Transnational Crime in order to coordinate
activities of relevant ASEAN bodies, such as the ASEAN Senior Officials on Drug Matters (ASOD) and the
ASEAN Chiefs of National Police (ASEANAPOL);
3. Hold discussions with a view to signing mutual legal assistance agreements, bilateral treaties, memorandum of
understanding or other arrangements among Member Countries;
4. Consider the establishment of an ASEAN Centre on Transnational Crime (ACOT) which will coordinate regional
efforts against transnational crime through intelligence sharing, harmonisation of policies and coordination of
operations;
5. Convene a high-level ad-hoc Experts Group within one year to accomplish the following with the assistance of
the ASEAN Secretariat:
6. Encourage Member Countries to consider assigning Police Attaches and/or Police Liaison Officers in each
other’s capital in order to facilitate cooperation for tackling transnational crime;
43
7. Encourage networking of the relevant national agencies or organizations in Member Countries dealing with
transnational crime to further enhance information exchange and dissemination;
8. Expand the scope of Member Countries’ efforts against transnational crime such as terrorism, illicit drug
trafficking, arms smuggling, money laundering, traffic in persons and piracy, and to request the ASEAN
Secretary-General to include these areas in the work programme of the ASEAN Secretariat;
9. Explore ways by which the Member Countries can work closer with relevant agencies and organizations in
Dialogue Partner countries, other countries and international organizations, including the United Nations and its
specialised agencies, Colombo Plan Bureau, Interpol and such other agencies, to combat transnational crime;
10. Cooperate and coordinate more closely with other ASEAN bodies such as the ASEAN Law Ministers and
Attorneys-General, the ASEAN Chiefs of National Police, the ASEAN Finance Ministers, the Directors-General
of Immigration and the Directors-General of Customs in the investigations, prosecution and rehabilitation of
perpetrators of such crimes; and,
11. Strengthen the ASEAN Secretariat’s capacity to assist the Member Countries in initiating, planning, and
coordinating activities, strategies, programmes and projects to combat transnational crime.
TRANSNATIONAL CRIMES
A. Drug trafficking – the illegal drug trade or drug trafficking is a global black market consisting of the
cultivation, manufacture, distribution and sale of illegal drugs.
R.A. 10364 – Expanded Anti- Trafficking in Persons Act of 2012 (amended RA 9208).
Qualified Trafficking in Persons:
When it involves a child;
When used through adoption under R.A. 8043;
Committed by syndicate or in large scale;
The offender in an ascendants, parents, siblings, guardians or who exercise authority over the trafficked
persons or by public officer or employee;
When the offender is a member of the military or law enforcement or infected with HIV or AIDS.
44
ILLEGAL RECRUITMENT R.A. 8042 (RA 10022)
RA 10022- AN ACT AMENDING RA 8042 IMIGRANT WORKERS AND OVERSEAS FILIPINO ACT)
Illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring
of workers which include referring, contact services, promising or advertising for employment abroad, whether for
profit or not, when undertaken by a non-license or non-holder of authority.
MODUS OPERANDI OF ILLEGAL RECRUITERS
Tourist Worker Scheme- workers leave the country but are actually leaving for employment abroad.
Escort Services- workers are “escorted” at the airports and seaports and allowed to leave even without
the required documents.
Blind Ads- advertisements for overseas employment published in the dailies do not indicate the name of
the recruiter but provides a P.O. Box to which applications may be submitted.
By Correspondence- applicants are encouraged to submit their requirements through mail together with
seemingly minimal fee.
Back door Exit- workers leave through the southern ports of exit where immigration control is lax. They
usually leave on cargo ships or on boats.
Assumed Identity- workers leave under another name either using name of another worker or through the
“baklas system” or obtaining passports through fake birth certificates and other documents. Minors are
usually deployed through this scheme.
Direct hiring- workers are recruited directly by the foreign employer and deployed either a tourists or
through any of the other illegal means.
Trainee-Worker Scheme- workers are recruited and deployed as trainees on a training agreement. More
often, HRM students leaving in the guise of a traineeship program for hotels abroad but eventually landing
jobs in hotels/restaurants abroad.
Visa Assistance or Immigration Consultancy Scheme- entities operating under the guise of consultancy
or offering placement abroad on immigrant visa. Some of them also operate through the conduct of
orientation seminars, which are actually recruiting activities.
Mail Order Bridge Scheme- marriage is arranged by brokers between Filipino women and foreigners. The
Filipino wife ends being a domestic helper to her husband and his family or in worst situations abroad.
Tie-Up or Kabit System – unlicensed recruiters tie-up with licensed agencies and recruit workers through
the facilities of the latter. Workers are either deployed under job order of the licensed agency but actually
worked for another employer abroad or, the foreign principal of the unlicensed recruiter is registered or
accredited under the licensed agency’s name.
Family Tours- organized by unscrupulous, travel agency to have one “bogus family”, somebody will
pretend as parents and children will use tampered documents to complete the bogus family.
C. Smuggling of Firearms – transnational importation of illegal firearms mostly small arms, by governments
and insurgents in war zone regions.
D. Money Laundering
The monetary proceeds of criminal activity are converted into funds with an apparent legal source. (Manzel,
1996)
Money laundering suggests a cycle of transactions in which the illegitimate dirty money comes out clean
after being processed into a legitimate legal source.
(Fairchild, 2001)
R.A. 9160 as amended by R.A. 9194 – an act defining the crime of money laundering, providing penalties
therefore and for other purposes.
STEPS IN MONEY LAUNDERING
Placement
- Process of moving money form the location of the criminal activity
- Getting currency into the bank, around the reporting system, at home or abroad.
- “Smurfing”.
Layering
- Involves the frequent series of money transfers and transactions used “to cover the tracks” of the illegal
funds.
- The use of electronic methods is the most cost effective layering.
45
- “Heavy soaping”.
Integration
- When the money is returned to the regular economy through purchase of investment.
- The launderer then makes the proceeds available to the criminals in apparent legitimate form.
- “Spin dry”
E. Cyber Crimes
Computer crime, or cybercrime, refers to any crime that involves a computer and a network, where the
computers may or may not have played an instrumental part in the commission of a crime.
All illegal activities that are committed by or with the aid of computer or information technology or in which
the computers are the target of the criminal enterprise.
CYBERSPACE – a term coined by sci-fi- novelist William Gibson in 1999. It is used to refer to the spaces
within computers and the spaces between computers (across networks) when people interact with
information and with each other.
Cyber Defamation
- The making of a false statement of fact that injuries someone’s reputation.
- The public natures of bulletin boards and even email presence the opportunity to publish
defamatory statement.
Skimming Device
- It is a device used to illegally capture a consumer’s credit and debit card account information.
- The captured data is them used to commit fraud.
Identity Theft
- A form of fraud or cheating of another person’s identity in which someone pretend to be someone
else by assuming that person’s identity, typically in order to access resources or obtain credit and
other benefits in that person’s name.
46
I LOVE YOU VIRUS
May 4, 2000: The “I Love you” virus spreads to 55 million computers around the world. The damage reaches
billions of dollars.
Hacking
- Act of illegally accessing the computer system/network of an individual, group or business
enterprise without the consent or approval of the owner of the systems.
KINDS OF HACKER
A black hat hacker is one who breaks into computer systems with malicious intent, usually for some
criminal purpose.
A white hat hacker identifies and exposes a weakness in a way that allows system’s owners to fix the
breach before others take advantage of it.
A grey hat hacker includes network vigilantes who shut down pornography site.
Cracking
- A higher form of hacking in which the unauthorized access culminates with the process of defeating
the security system for the purpose of acquiring money or information and/ or availing of free
services.
ORGANIZED CRIME TERRORISM
Profit Motivated Motivated by ideology (e.g.
communism)
Prefers to carry-out their activities in Carries their activities openly by
secret seeking to maximize media coverage
and to promote their message and
publicize their goals (e.g. admission by
the Al-Qaeda on the 9/11 bombing)
Seeks to form a parallel government Seeks to overthrow the existing
government /seeks to establish their
government (e.g. Bangsamoro
Republic)
Web Defacement
- Usually the substitution of the original home page of a website with another page (usually
pornographic or defamatory in nature) by a hacker.
Online Scam
- It is a fraudulent business scheme through computer system.
F. Terrorism
Latin word “TERRERE” which means “to frighten or to instill fear”.
Greek word “TREIN” which means “to be afraid”.
The unlawful use of force or violence against persons or property
To intimidate or coerce government, civilian population, or any segment thereof,
In furtherance of political or social objectives. (FBI, 1997)
47
DIFFERENT TYPES OF TERRORISM
Ethnocentric – is the category of terrorist organization which is aimed at
Establishing a dominant or superior race that will be looked upon by the entire
Populace in the world.
Revolutionary – is the category of terrorist group which is dedicated to overthrow an established
order and replacing it with a new political or social structure.
Political – is the category of terrorist group which aims in restructuring the society.
Nationalistic – those who commit acts of violence due to their loyalty or devotion to their country.
Task/Activity
Essay. Answer the questions given below (15 points).
1. What are the programs or policies that can be implemented to reduce the widespread transnational crime?
48
ASSESSMENT: ESSAY
Answer the question given below. Write your answer in a one whole sheet of paper (20 points).
How does transnational crime threaten people’s safety and security and deprive them of their fundamental
rights?
Rubrics:
Score 25-20 points 19-15 points 14-10 points 9-0 points
Identifies, labels and Demonstrates good Demonstrates Identifies, labels and
understands all main issues understanding of the ideas limited/surface understands few issues
from the assigned chapter. presented in the chapter. understanding of the ideas from the chapters.
presented.
Demonstrates a clear and Demonstrates superficial
Content
deep understanding of the understanding of the ideas
lesson. from the lesson.
Presentation contained
little to no valuable
material.
Very clear and concise flow Clear flow of ideas. Presentation had Hard to follow the flow of
of ideas. moments where valuable ideas.
Demonstrates interest in topic. material was present but
Demonstrates passionate The presentation had organizing as a whole content was Lack of enthusiasm and
Presentation interest in the topic and ideas but could have been much lacking. interest.
engagement with the stronger with better preparation.
lesson. The presentation lacked
organization and had little
evidence of preparation.
Excellent research with Appropriate research into the Most ideas flow but focus No research into the
clearly relevant examples to lesson with acceptable is lost at times. Limited lesson with inappropriate
reinforce understanding of examples to reinforce evidence of interest in and choice of examples or
Examples
the topic/lesson. understanding of the message engagement with the lacking in examples
and add to the effectiveness of topic.
the lesson.
Activity Excellent points to develop Questions and discussion Weak research into the Little or no attempt to
deep understanding. addressed important information lesson with poor choice of engage in learning.
that developed understanding. examples that do not
Appropriate and imaginative Appropriate activities used to reinforce understanding of
activities used to extend clarify understanding. the message and does not
understanding in a creative aid to the effectiveness of
manner. the lesson.
49
LESSON 5
RANK CLASSIFICATIONS
TOPICS
1. Police Rank in selected model countries
2. New PNP Rank Classification in pursuant to RA 11200
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
1. to be familiar with the ranks and insignias of different police system across the
world; and
2. to be familiar with the new rank classification of the PNP.
50
Cyprus Police Ministry of
CYPRUS Chief of Police Constable
Force Justice
National Police
Ministry of
EAST TIMOR of East Timor unavailable unavailable
Internal Affairs
(Timor-Leste)
Public Security
Public Security Directorate of
JORDAN Unavailable Unavailable
Force The Ministry of
Interior
National
Security
National Police Procurator
KAZAKHSTAN Committee of Ryadovoy
of Kazakhstan General
Ministry
Internal Affairs
National Police Ministry of Daewon Chonsa
NORTH KOREA
Agency Public Security (Grand Marshall) (Private)
Ministry of
Government
Korean National Commissioner Police
SOUTH KOREA Administration
Agency(KNPA) General Officer
And Home
Affairs
Kuwait National Ministry of Lieutenant
KUWAIT Constable
Police Internal Affairs General
Ministry of Police
KYRGYZSTAN Kyrgstan Police General
Interior Officer
Laos national Ministry of
LAOS General Constable
police Public Security
International Ministry of
LEBANON Director General Gendarme
Security Forces Interior
51
Inspector
Royal Malaysia Ministry of
MALAYSIA General of Police Constable
Police Home Affairs
(ICP)
National
Commissioner of Lance
MALDIVES Maldives Security and
Police Constable
Defence Branch
Ministry of
Mongolia Public
MONGOLIA Justice And Home General Private
Security Force
Affairs
Myanmar Police Ministry of Police Major
MYANMAR Private
Force Home Affairs General
Nepal Police Ministry of Inspector
NEPAL Constable
Force Home Affairs General
Royal Oman Ministry of Lieutenant
OMAN Conscript
Police Interior General
Ministry of Inspector
PAKISTAN Police Force Constable
Interior General
Royal Papua Kiap
PAPUA NEW Commissioner of
New Guinea Unavailable (patrol
GUINEA police
Constabulary officer)
Department of
Philippine Patrolman/
Interior and
PHILIPPINES National Police Police General Patrolwoma
Local
(PNP) n
Government
Qatar National Ministry of
QATAR Unavailable Shurti
Police Interior
Ministry of
Police
RUSSIA Militsiya Internal Police Colonel
Cadet
Affairs
Department of
SAUDI ARABIA Unavailable Unavailable Unavailable
Security
Ministry of
Singapore Commissioner Police
SINGAPORE Internal
Police Force of Police Constable
Affairs
52
Task/Activity
Essay. Answer the question given below (20 points).
What are the best practices of selected model countries that can be applied to the Philippine National Police?
Rubrics:
Score 25-20 points 19-15 points 14-10 points 9-0 points
Identifies, labels and Demonstrates good Demonstrates Identifies, labels and
understands all main understanding of the ideas limited/surface understands few issues
issues from the assigned presented in the chapter. understanding of the ideas from the chapters.
chapter. presented.
Demonstrates superficial
Content
Demonstrates a clear and understanding of the ideas
deep understanding of the from the lesson.
lesson. Presentation contained
little to no valuable
material.
Very clear and concise Clear flow of ideas. Presentation had moments Hard to follow the flow of
flow of ideas. where valuable material was ideas.
Demonstrates interest in topic. present but as a whole
Demonstrates passionate The presentation had organizing content was lacking. Lack of enthusiasm and
Presentation interest in the topic and ideas but could have been much interest.
engagement with the stronger with better preparation.
lesson. The presentation lacked
organization and had little
evidence of preparation.
Excellent research with Appropriate research into the Most ideas flow but focus is No research into the
clearly relevant examples lesson with acceptable lost at times. Limited lesson with inappropriate
to reinforce understanding examples to reinforce evidence of interest in and choice of examples or
Examples
of the topic/lesson. understanding of the message engagement with the topic. lacking in examples
and add to the effectiveness of
the lesson.
Activity Excellent points to Questions and discussion Weak research into the Little or no attempt to
develop deep addressed important information lesson with poor choice of engage in learning.
understanding. that developed understanding. examples that do not
Appropriate activities used to reinforce understanding of
Appropriate and clarify understanding. the message and does not
imaginative activities used aid to the effectiveness of
to extend understanding in the lesson.
a creative manner.
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TOPIC 2: PNP NEW RANK CLASSIFICATION IN PURSUANT TO RA 11200
This is after the Implementing Rules and Regulations for Republic Act No. 11200 entitled, “An Act Providing
for the Rank Classification in the Philippine National Police, Amending for the purpose Section 28 of Republic Act
No. 6975, as amended, otherwise known as the Department of Interior and Local Government Act of 1990” was
signed last march 25, 2019
Under the new law, the PNP rank classification will be distinct because the ranks will be preceded by the
word “Police”. The new rank classification and abbreviation in the PNP are as follows:
Old Rank New Rank/Abbreviation
Police Director General Police General, PGEN
Police Deputy Director General Police Lieutenant General, PLTGEN
Police Director Police Major General, PMGEN
Police Chief Superintendent Police Brigadier General, PBGEN
Police Senior Superintendent Police Colonel, PCOL
Police Superintendent Police Lieutenant Colonel, PLTCOL
Police Chief Inspector Police Major, PMAJ
Police Senior Inspector Police Captain, PCPT
Police Inspector Police Lieutenant, PLT
Senior Police Officer IV Police Executive Master Sergeant, PEMS
Senior Police Officer III Chief Master Sergeant, PCMS
Senior Police Officer II Police Senior Master Sergeant, PSMS
Senior Police Officer I Police Master Sergeant, PMSg
Police Officer III Police Staff Sergeant, PSSg
Police Officer II Police Corporal, PCpl
Police Officer I Patrolman/Patrolwoman, Pat
Task/Activity
Short Quiz. Familiarize yourself with the rank of the PNP. Answer the missing rank in the following column.
Column A Column B
1. Police Inspector
2. Senior Police Officer IV
3. Police Chief Superintendent
4. Senior Police Officer II
5. Police Director General
6. Police Superintendent
7. Police Chief Inspector
8. Police Officer III
9. Police Senior Superintendent
10. Police Officer II
11. Senior Police Officer III
12. Police Director
13. Senior Police Officer I
14. Police Senior Inspector
15. Police Deputy Director General
16. Police Officer I
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ASSESSMENT: RECITATION (THROUGH GOOGLE MEET/VIDEO CLIP)
Your task is to memorize and recite the following:
1. At least 5 ranks of selected models and
2. The New PNP Rank Classification
Rubrics:
55
LESSON 1
Basic Principles in Crime, Criminal law and Evidence
TOPICS
1. Social and Legal Context of Crime
2. Criminal Responsibility and Investigative Police Power
3. Admissibility of Evidence
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
a. discuss the crime and the acts considered as crimes;
b. differentiate the social and legal context of crime;
c. explain the factors that affect the criminal responsibility of a person;
d. explain the importance of investigative police power and substantive
and procedural laws; and
e. discuss the relevance of admissibility of evidence in criminal
investigation.
2. The act violates the standard norm meaning the society itself
considered the act as a crime.
There are cases in which a country or its culture dictates whether or not
an act is a crime, then it suggests that the territorial rule or governance
prevails primarily, and as such, the definition of the term 'crime' may vary
in every place.
Example;
1. Where the country is the dictating factor
The act of selling marijuana is a crime in the Philippines but not in Netherlands
and Spain.
2. Where the culture is the dictating factor
The practice of other tribes in killing a person as an act of revenge is not a
crime.
Blood feuds between two rival families or tribes. Blood feud is the act of killing
between two clashing clans or tribes that may result to injury or killing as a form
of retaliation.
1
On the other hand, crime in the legal framework is primarily based on the laws of the land. Law
is defined as the system of rule embodied by different principles that bind the practice or action
concerning human conduct. In the Philippines, laws are made by those who are in authority as set
and provided by the 1987 Philippine Constitution which is deemed as the highest and supreme law
of the land. As a rule, no law should be passed in contrary to the constitution.
Meanwhile, under Philippine jurisprudence, crime in legal perspective is defined as an act or
omission in violation of the law. In the eyes of the law, crime can be committed either:
1. Through an act performed by the offender that is in contrary or violates the law; or
2. Through omission by which the offender fails to perform a certain action as required by law.
Examples:
1. Through an act performed by the offender
a. Theft (Article 308, RPC)
b. Robbery (Article 293, RPC)
c. Homicide (Article 249, RPC)
d. Murder (Article 248, RPC)
e. Illegal Possession of Firearm (Presidential Decree 1866 as amended by Republic Act 8294)
f. Human Trafficking (Republic Act 9208 as amended by Republic Act 10364)
2. Crime by omission
a. Delaying release (Article 126, RPC)
b. Other cases of Evasion of Service of Sentence (Article 159, RPC)
c. Failure to make delivery of public funds or property (Article 221, RPC)
d. Refusal of assistance (Article 233, RPC)
As crime refers legally and generally to an act or omission that violates the law, some terms
most also be noted as they might be confusing and Interchange with the word crime, such as:
•Felony - these are crimes that violate the Revised Penal Code (Act 3815)
•Offense - these are acts which were defined as crime as a result of the special law enacted by
legislatures.
•Misdemeanor - these are minor violations or infractions not tantamount to serious injuries or
damages.
Note the Revised Penal Code (RPC) defined those acts as crime, in which by nature are
wrong or evil (mala in se) as well as provide their nature, penalty, and elements. Some of these
crimes include murder, homicide, theft, and robbery.
On the other hand, Special Laws are those that identify an act as a crime (mala prohibita)
as a result of enactment of the laws as crafted by congress in the form of Republic Acts. Acts defined
as a crimes other than those enumerated under the Revised Penal Code.
An offender refers to any person accused or otherwise charged of a crime either through
an act or omission. In the course of investigation, all available means must be exhausted to prove
the allegation that will be brought before the trial court against the offender. Investigation refers to
the systematic examination to crack and solve an allegation. Allegation on the other hand refers to
the contention that someone had committed a crime. It must be noted that it is the primary job of the
investigator to gather evidence needed to solve the case and the process of employing the different
investigative techniques will be discussed in the succeeding chapters.
Task/Activity
2
TOPIC 2: CRIMINAL RESPONSIBILITY AND INVESTIGATIVE POLICE POWER
Criminal responsibility is the obligation of a person for the charges as a result of his
criminal act. Since crime in its social context includes the culture of a certain group, the investigator
must remember that each culture may vary and shift from one another. For better understanding,
culture in simple term refers to the characteristics of a certain group of people which commonly
include their ways of living, language, religion, social habit, beliefs, attitude, and other traits whereby
people from another culture will recognize them.
Example: The criminal responsibility of one person who killed someone as a result of
vengeance may shift the blame to the first actor who committed wrong
first. Hence, investigator must also be knowledgeable to the society
where the latter belongs.
The question is that, if the fundamental bases in the process of criminal
investigation are the laws of the land, then would it allow that the culture
of someone aggrieved to roll out?
Well again it varies accordingly. In the Philippine setting,
Presidential Decree 1508 as amended cited that “the customs and
traditions of indigenous cultural communities shall be applied in
settling disputes between members of the cultural communities’’
(paragraph 3, Section 412 of RA 7160). Therefore, the investigator
should also be reminded of this practice and be sensitive enough in
assisting the prosecution of the case if feasible.
Moreover, criminal responsibility is also affected by some other factors such as age or the
soundness of the mind of the presumed criminal. Specifically, these are minors and lunatics.
Technically, the term minor, child or children refers to someone who is not yet in their puberty
stage. Puberty on the other hand is the stage wherein the child is already capable of reproduction.
Legally, child is defined as any person below the age of 18 years (paragraph 5, section 4, RA9344
as amended) while children is legally defined as refers to persons under eighteen (18) years of age
or those over, but are unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition
(paragraph 1, section 3, RA7610).
On the other hand, lunatics are those individuals whose minds are in the state of sickness
or ill. These are those individuals who cannot decide on their own and cannot take good care of
themselves even if they are already above the age of emancipation. Age of Emancipation simply
means as the life stage of the individual whereby parental authority over him ceases. In the
Philippines, the age of emancipation is 18 years of age.
Accordingly, Republic Act 9344 as amended provides that child/children who is/are 15
years old and below during the commission of the crime shall automatically exempt the child from
criminal responsibility. Hence, the latter cannot be prosecuted. However, investigators must be alert
as there could be someone using this defense to manipulate and control the child to commit a crime.
Investigation therefore should focus now on those who are manipulating these young beings.
It is obvious that criminal investigation requires patience and effort as society is dynamic and
changing along with the law that provides the mandate of its enforcement.
Furthermore, law enforcement agencies primarily the Philippine National Police as the
primary police force in the country are vested with the power to effect investigation of cases as a
result of crime commission. Police Power is necessary as it is one of the regulatory means of the
government to control, maintain, and ensure that the conduct of its people is within the bounds of the
law. Investigative Police Power is defined as the capacity of the police to initiate investigation of
cases which violates the law.
3
It is a mandatory obligation of the police to conduct an investigation as it is one of their
primary functions. While the state provides the police with the power to conduct investigation of
cases; however, this also constraints their capability and lengthen the time to finish investigating
certain case as the state also recognizes and protects the
fundamental rights of every person subjected to investigation and
maintain the principle of presumption of innocence. Presumption
of Innocence is based on the principle that every person
subjected to a criminal case is deemed considered innocent
unless proven to be guilty beyond reasonable doubt. Beyond
reasonable doubt is a principle which states that a person is
guilty based on moral certainty. Moral certainty in a sense that a
person is proven guilty based on how the court appreciated the
evidence presented during trial which produces a conviction.
Conviction on the other hand is a judgement rendered by the trial court that the accused person is
guilty of the crime charged against him.
As the law provides the objectives of criminal investigation, it is also the one that dictates
and controls their conduct. Objective as use in this text refers to the direction and end—purpose of
criminal investigation needed to solve the case.
Task/Activity
4
TOPIC 3: ADMISSIBILITY OF EVIDENCE
Evidence in any crime incident dictates the outcome of the case as a result of criminal
investigation as these are the primary source that will serve as the bases in prosecuting the person
who will be held for trial. Evidence also plays a vital role in the
determination of guilt or innocence of the accused who is referred
to as the person brought before the court of law for trial. In the
process of its collection, those gathered properly will be admitted
during court presentation while rejecting those that are not.
In the Philippines, the Revised Rules of Court provides for the
requirement as to how individual evidence will be admitted such
that:
Under the law, there are three general classifications of evidence that investigator must remember
such as:
1. Object evidence - an evidence which by its nature can be brought before the court as these
are the actual materials that are recovered from the crime scene. These are also evidence
which directly addresses to the senses of the court.
2. Testimonial evidence - an evidence offered in the form of testimony either by an eyewitness
in the commission of the crime or those who have knowledge regarding its commission.
3. Documentary evidence - these are evidences in document form which includes some
electronic evidence such as text messages, chat messages, electronic mail and some other
evidence which are printable.
5
Task/Activity
ASSESSMENT 1: Application
6
LESSON 2
Tools, Phases and Principles in Investigation
TOPICS
1. Criminal Investigation and Its Phases
2. Role and Qualities of an Investigator
3. Approaches and Tools in Criminal Investigation
4. Cardinal Points and Methods of Identification
5. Technical and Legal Aspect of Witness
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
a. explain the criminal investigation and stages of investigation;
b. identify the qualities of investigation and investigative quality of
investigator;
c. discuss the relevance of approaches and tools in investigation; and
d. enumerate the different types, technical and classification of witness.
7
3. Provide evidence needed for his conviction - to successfully produce a conviction,
investigators must remember the rules in handling evidence so as to maintain its integrity
starting from the crime scene up until during court presentation.
Task/Activity
The initiation of the investigative process primarily relies with the question “Is the act performed
constitutes a crime as defined by law” or “Is the law being violated? If the answer is yes, then
investigators must exhaust all means to uncover the facts surrounding the commission of the crime.
If investigators find that a crime was not committed or the act performed is not tantamount to a crime,
then obviously they should not interfere with the
matter.
Meanwhile, investigators play an important role in
the success of criminal investigation. As they are the
primary individual who gathers and collects relevant
information concerning the crime and later on give
testimonial evidence in court. As such, they should
possess the following qualities to become an effective
investigator.
a. Good Communication- this refers to the
capability of the investigator to interact both
in written and oral. This means that they can do effective interview either to the witness or
suspect as well as be able to write a written report when required to do so. Effective
interview means a fruitful interaction between the investigator and the people as he gathers
information without language problem.
b. Active listener -this refers to the ability of the investigator to attentively hear the testimony
given by a witness and be able to identify hearsay statements or false statements. Hearsay
are those statements made by the person who does not witness the actual commission of
the crime while false statements are those statements which are purely fictitious and are
invented only by the witness.
c. Critical thinking - this refers to the analytical skills of the investigator while he formulates
Judgment based on the testimonies given by witnesses and evidences gathered in the
course of investigation.
d. Work under pressure- this refers to the capacity of the investigator to go through the
investigation process despite of obstacles and hindrances that he may encounter such as
but not limited to lack of resources, inadequate investigative leads and clues and others.
Investigative leads refer to the information gathered from people specially those who are
within the immediate area where the crime took place while clues refer to the pieces of signs
and traces which helps in identifying perpetrators.
e. Innovativeness-this refers to the flexibility and resourcefulness of the investigator in trying
to uncover the identity and location of the perpetrator. This includes finding all possible ideas
that he may take in the course of investigation.
8
f. Integrity -this refers to the honor and honesty or the investigator in solving the case and
avoid unethical issues that will discredit his image.
g. Knowledge about rules on evidence- this refers to the knowledge of the investigator about
evidence handling which includes but not limited to preservation, marking, tagging,
packaging, and the requirements as to how such evidence will be admitted in court during
presentation.
Moreover, these qualities should not be possessed only by an investigator but rather should be
enhanced in response to the changing society. This could be possible through different seminars
and training in line with an effective investigation.
Seminars are more in line with discussions or meetings while trainings are more inclined with
actual or practical exercises and demonstrations.
Task/Activity
9
1. Information - refers to the data needed in the course of investigation. This will allow
investigators to gather facts needed to solve the case as this is considered as the lifeblood
and essence of investigation.
2. Interview and interrogation - both are similar in terms of their purpose—to acquire
information. However, they differ in the manner as to how they gather and collect information
such that interview is done in a simple manner of questioning and mostly done among
complainant, victims, or witness. Interrogation on the other hand is intrusive or antagonistic
in its approach as it questions commonly suspects, accused or hostile witness.
3. Instrumentation - refers to the process of employing scientific instruments in crime
detection suph as but not limited to bullet comparison microscope, fingerprint comparator,
polygraph machine and the like.
In addition, tools in investigation refer to the data or methodology used or employed from the
beginning up to the ending phase of the investigative processes.
Task/Activity
A series of questions and procedures should be set in order to produce a fruitful result. In the
conduct of investigation, the investigator must note the cardinal points in criminal investigation that
address the following questions:
a. What act was performed in which the law defines it
as crime?
b. Who committed the act in which the law defines it
as crime?
c. Where did this act, as defined by law as a crime,
happen?
d. When did this act, as defined by law as a crime,
happen?
e. Why was this act, as defined by law as a crime,
performed?
f. How did this act, as defined by law as a crime,
happened?
Moreover, investigative process is defined as the procedure taken by the investigator which
commence from the time the crime was reported up until it was brought before the court for the trial
of person accused to have violated the law and for proper sanction and disposition of the case. Along
with the investigative process, the investigator must establish that a crime has been committed and
the person suspected should be held for trial. In the process of establishing that a crime was deemed
committed, the following should be noted such that:
a. Investigator must prove that the accused is guilty;
b. Investigator must ensure that the accused was identified by competent witness;
10
c. Investigator must confirm that whatever evidence found in the crime scene pinpoints to the
same accused or group of accused people;
d. Investigator must note that evidences recovered in the crime scene are the same evidences
that will be presented in court; and
e. Investigator must remember that conviction will depend as to how he will establish the
elements of the crime alleged.
Task/Activity
11
TOPIC 5: TECHNICAL AND LEGAL ASPECT OF WITNESS
In legal perspective, the law and the Revised Rules of Court define and qualify a witness as
'any person who can perceive, capable of perceiving, and can make known his perception to others'
can be a witness.
Under the Revised Rules of Court the law further classify witness as either:
1. Ordinary witness - these are those witness who may be allowed to testify regarding the
following:
About the identity of the person whom he had knowledge;
Handwriting of the person of which he had familiarity; and
Mental sanity of the person whom he had acquainted.
2. Expert witness - are those witness who by reason of their knowledge, skills, training or
experience may be allowed by the court to give their opinion.
12
Task/Activity
In a certain murder case, Mr. A was stabbed by some unknown individual when he went out
from his house. It was noted that Mr. A had a quarrel with his business partner because of some
deficiencies that involved a big amount of money. This led police investigator to establish that money
could be the motive behind killing Mr. A.
Questions:
1. What information will you gather to solve this case? Where should you find this information?
2. Who are the possible persons you will interview and interrogate?
3. What possible instruments might help you in solving the case?
13
LESSON 3
Crime Scene Investigation and Reconstruction
TOPICS
1. Procedures in Criminal Investigation
2. Crime Scene Processing
3. Reconstructing the Crime
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
a. explain the process and the responsibility of first responder in the crime
scene;
b. discuss the methods of search, proper chain of custody and transmittal to
crime laboratory; and
c. explain the purpose of reconstructing the crime and establishing the
identity of the suspect.
As a general rule, all crime scene investigation must be done by the police station who has the
territorial jurisdiction of the crime incident unless otherwise specified by higher authorities to be
investigated by some other unit or agencies and must be recorded in the official police blotter.
Territorial jurisdiction means that the crime incident happened within the area or place that a certain
police station holds or covers. Police station moreover refers to the office of local police that has a
jurisdiction within the area and exercises control over the community and persons movement by
enforcing the laws necessary for the maintenance of peace and order. The same is responsible in
providing immediate response to the community as the need arises.
Also, crime incident differs from crime scene such that crime scene again refers to the place
where crime took place and where physical evidence can be found while crime incident refers to the
occurrence of a certain crime.
Illustration: A committed murder (Crime Incident) in the house (Crime Scene) of B.
In the process of investigation, crime scene must be preserved as it contains the essential
ingredients surrounding the commission of the crime. On the other hand, crime incident must be
established as it will guide investigators in filing the proper charge.
In what way are police officers be notified in the event that a crime happened? In the event that
a crime happens, it reaches the attention of the police through:
a concerned citizen who witnessed the crime incident;
an accidental discovery of some citizen; or
the action itself of the police officer in patrol.
Those who are in patrol are commonly regarded as the first responder as they are those who
are employed in the community with the end purpose of crime prevention. As part of their duties first
responder must do the following.
1. Proceed to crime scene and validate information regarding crime incident;
2. Record all relevant facts and the time of arrival at the crime scene;
3. Cordon the area, meaning isolate the place so that unauthorized persons cannot enter the
scene or the suspect cannot destroy the evidence:
4. Identify possible witness and do me preliminary interview if feasible.
14
5. Arrest suspect/s if they are around or recommend for the conduct of dragnet operation which
pertains to an operation conducted to seal off possible exits of the suspect/s.
6. Be ready to take dying declaration of injured person. A dying declaration is a statement made
by a person who is under the impending death in which such declaration is related to the
facts in which the person is competent to testify;
7. Evacuate wounded person and/or account killed, wounded or arrested person;
8. Conduct initial investigation and briefing of investigator case (IOC) upon his arrival at the
scene; and
9. Conduct initial inventory of all possible evidence at the crime scene which must be signed
by him, the SOCO; and by the investigator.
After such procedure, the investigating team will take full control of the crime scene which
includes toe conduct of crime scene search, generating sketches as well as the taking of photograph,
lifting of fingerprints, marking and tagging as well as the collection of physical evidence and the like,
investigating team refers to the group of police personnel charged with the investigation and
processing of the crime scene which includes but not limited to the search, collection, marking,
tagging, preservation, and transfer of evidence.
Further, investigating team is composed of toe following;
The team leader,
Investigator
Photographer.
Evidence custodian; and
Artist
Upon the takeover of the Investigating team, they ensure that the investigative procedures are
followed such as:
Record the date and time of arrival as well as all other important details in the crime scene;
Photograph and video of the crime scene;
Arrest of suspect/s if their identity is apparent; and
Separate possible witness to get their individual accounts.
Further, whatever the situation in the crime scene might be, it must be noted that the paramount
concern of the investigating team should be the preservation of human life. Investigator or any of the
investigating team must be aware to know what task should be given priority in the conduct of
investigation.
Task/Activity
15
TOPIC 2: CRIME SCENE PROCESSING
It is true that the investigating team must give priority to the human life, nevertheless, they must
exhaust whatever means to secure and preserve the crime scene for it contains all the necessary
ingredients for the prosecution of the case. As such, they must reconsider the necessary steps in
order to collect all available evidence and maintain the integrity of the crime scene by remembering
“MAC” rule which simply stand for:
Also, the investigating team must remember that nothing should be touched, altered or
removed unless everything is photographed, noted, measured, and indicated in the sketch as these
are the golden rule in the processing of crime scene. They should also take into consideration those
transient evidence or fragile evidence. Transient evidence are those evidence which when not
collected at appropriate time may diminish or loss its value such as urine, blood, semen, etc. on the
other hand, fragile evidence are those evidence which may be broken if collected inattentively.
Methods of Search
Crime is unique with respect to one another which means that the search for an individual
object should be based on the physical characteristics of the scene in order to collect all possible
evidences present in the area. Therefore, investigating team should be careful in selecting the best
method of search that will correspond to the present crime scene.
Further, Method of Search is defined as the systematic procedure employed by the
investigating team in order to recognize, collect, and preserve the evidence or any object/s found in
the crime scene that has a logical connection to the case.
In the conduct of crime scene search, the following methods may be employed based on the
physical characteristics of the place such as strip method, double strip method, spiral search
method, zone search method and wheel search method.
16
Spiral method is done when the area to be searched is
circular in nature. The searcher may start either from the center or
outside although commonly searcher usually starts from the outside
following a circular shape until they finish searching the entire area.
17
In taking of photograph, investigating team
must consider the following angle/views to properly
appreciate the crime scene such as:
1. General View - these are taken outside of
the crime scene purposely to show location,
direction, and the place of crime incident;
2. Medium View - these shots are taken to
show the different divisions of the crime
scene as this view will allow investigators to
clearly see the nature of the crime
committed;
3. Close-up View - these shots are done to
individual evidence to show what constitutes
the crime and how it was committed.
Further, gradual shots of an individual
evidence may be taken from a standard position in
order to show the relationship of one evidence to
another or how individual evidence is close or far
from one another. Technically, this is referred to as
progressive photography which include shots taken in long range, midrange, and/or close range
distance.
The following guidelines also in line with taking photographs must be noted by the investigating
team such as;
1. Take overall photos of the scene which include street signs, areas, streetlights location near
the crime scene, and any identifying objects;
2. Pictures of every room must be taken though they are not apparently connected to the crime
scene;
3. Photograph must be taken from at least 2 opposite corners but 4 corners is better;
4. If possible, take photos from above or ceiling to avoid the possibility of missing any evidence;
and
5. Keep a photo log during crime scene processing.
In addition, the artist must also prepare a rough sketch and finished sketch. Rough sketch is
drawn by the artist at the crime scene containing all the necessary details regarding the crime.
18
Finished sketch on the other hand is drawn by the artist for court presentation and is commonly
done in the office.
Remember to keep the rough sketch even after the preparation of the finished sketch.
Sketcher must take note also the type of sketch that should be drawn such as:
1. Floor plan or birds eye view - a type of sketch drawn from above;
2. Elevation sketch - a type of sketch drawn to show the given side of an area;
3. Exploded view sketch - a type of sketch drawn to show the relationship or order of the whole
parts; and
4. Cross-projection sketch - a type of sketch wherein the ceiling and/or walls are flattened all
out in the ground.
In drawing a crime scene, floor plan or birds eye view sketch is commonly used. However, in
cases where some evidence was placed in the walls or ceiling (example: Dress was thrown and hang
on the ceiling fan) cross-projection sketch is better.
Additional guidelines on drawing the sketch includes the following:
1. Indicate the nature of the crime and the place of incident as well as the name of the person
who prepare and drew it. For better understanding, use of capital letters and numbers are
highly suggested such that;
Capital letters - for basic parts or accessories of the place
Numbers - for individual evidence
2. Indicate the position, location, and how objects relate to one another;
3. Use standard symbol while sketching;
4. Use arrow to show the direction and stairways; and
5. Be consistent with the units of measurement such as centimeter, inches, yard, meters, feet,
etc.
To aid the investigators in measuring individual evidence with respect to any other object/s in
the crime scene, the following methods should be considered and must be used based on the
physical characteristics of the crime scene;
A. Rectangular method - find fix post at a right angle to serve as the base;
B. Triangulation method - find two fix points to the evidence that must be plotted or located.
19
Releasing of evidence on the other hand refers to the discharge of individual evidence
upon the order of the court and/or prosecutor.
Task/Activity
20
TOPIC 3: RECONSTRUCTING THE CRIME
Crime scene reconstruction is one of the most difficult and tiring job of investigators as this
involves the process as to how perpetrator commits the crime. Crime scene reconstruction is
defined as the scientific ability of investigators
to make useful observations of physical
evidence in the crime scene through a logical
approach in theorizing as to how the crime was
committed. This also involves systematic
methodology in incorporating all available
information gathered as well as the
arrangement of physical evidence in the crime
scene to provide a rational, reasonable, and
acceptable explanation as to how the crime
was committed.
21
Profiling is defined as the psychological process of establishing the characteristics of the
most likely individual who might have committed the crime based on the evaluation of the crime
scene and the placement of physical evidence.
In identifying suspects, rogues gallery can also be very helpful. Rogues gallery refers to the
compilations of photographs of Known Criminals. If someone had witnessed or seen the suspects
face, cartographic sketch can be done. Cartographic sketch refers to the composite drawing of a
suspect's face done by an artist to assist police investigators in establishing the identity of the person
who might have committed the crime.
How do police investigators establish the identity of suspects?
Task/Activity
Activity 5: Analysis
1. Where and when do you start reconstructing the crime?
2. What will be your bases in reconstructing the crime?
ASSESSMENT: Evaluation
1. How will you know that the evidence found in the crime scene must be preserved?
2. How do you assess the process enumerated in maintaining the integrity of chain of custody? Are you
sure that all evidences will be preserve from the crime scene up to court presentation?
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LESSON 4
Warrantless Arrest and Detention
TOPICS
1. Arrest
2. Custodial Investigation and Detention
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
a. differentiate the arrest with warrant and warrantless arrest and the person
brought into the custody of law; and
b. discuss the rights of the person and rights violated under custodial
investigation.
TOPIC 1: ARREST
Warrant of Arrest
In the course of investigation, if the identity of the person suspected to have committed a
crime was already established and the evidence of guilt pointing him/her as the perpetrator of the
crime is strong, the investigators should secure a warrant in order to arrest the person.
Warrant of Arrest is defined as a document from court ordering and directing any law
enforcer to apprehend and detain any person whose name will appear in the warrant for him to
answer matters regarding the commission of a crime. Any person suspected to have committed a
crime can only be lawfully arrested after securing a warrant.
However, a person can also be lawfully arrested by virtue of a warrantless arrest.
Warrantless arrest is defined as the arrest made by any law enforcer without the benefit of a
warrant. Arrest without warrant is possible provided that either of the following circumstance is
present:
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1. That the person to be arrested is about to commit, actually committing, or have just
committed an act to which the law defines it as a crime in the presence of the person
who will make the arrest (In Flagrante Delicto)
2. That the person to be arrested have committed an act to which the law defines it as a
crime and the person making the arrest have probable cause that the same person is
probably guilt of a crime. Probable cause simply means as a reasonable bases to
establish a well-founded belief that the person may have committed an act to which the
law defines it as a crime (Hot Pursuit); and
3. That the person to be arrested is one who escaped from penal confinement. (Escapee)
Furthermore, inquest proceeding will be done if the person was arrested without the benefit of
the warrant. This is conducted to ensure that the arrest made is legal and in accordance with the
law. Inquest is defined as the informal and summary investigation conducted by public prosecutor
in a criminal case involving persons arrested without the benefit of a warrant to determine if the
person so arrested should remain under custody and be charged accordingly.
Execution of Warrant
After a warrant has been issued by the honorable court, any law enforcer directed to cause its
execution shall exhaust all the remedies to arrest the person whose name appears in the warrant.
Execution of a warrant simply means as carrying out the duty to find the person whose name was
written in the warrant and cause his arrest and detention.
In executing the warrant, the following should be observed:
1. A warrant can be executed either during the day or night;
2. The person making the arrest shall inform the person to be arrested that a warrant has
been issued for his arrest; and
3. It must be executed within 10 days from the moment it was received;
However, the person making the arrest shall proceed with the arrest of the person even without
informing him of the cause of arrest or that a warrant was issued for him to be arrested provided that
either of the following is present:
1. The person flees;
2. The person forcibly resisted; or
3. It will hamper successful arrest of the person.
Moreover, if the person whose name appeared in the warrant be located or traced within 10
working days upon its receipt, the law enforcer task to execute the warrant shall make a report to the
judge who issue the same, explaining the reason/s for the failure to arrest the person within the time
given by court.
Task/Activity
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TOPIC 2: CUSTODIAL INVESTIGATION AND DETENTION
Any person arrested and brought before the custody of the law is presumed innocent until proven
to be guilty. Thus, a person has the same right as any ordinary individual in order to protect the
interest of an ordinary individual as well as prevent any abuses from law enforcers. These rights
must be observed as any violations may result to the dismissal of the case.
These rights provided by the state
was originally founded in the case of
Ernesto Miranda vs. the State of Arizona
such that the Court dropped his
conviction for kidnapping and rape for
failure of police officers conducting the
investigation to inform and recite his legal
rights prior to confession during custodial
investigation.
In the Philippines, the right of the
person arrested is originally defined
under the Bill of Rights of the 1987
Philippine Constitution (Section 12,
Article III) such that any person lawfully
arrested and under investigation for the
commission of a crime shall have the
following rights:
In like manner, any extrajudicial confession made by the4 person arrested or detained shall
be in writing and signed in the presence of his counsel. Take note, extra judicial confession is a
confession made by an arrested or detained person while under the custody of law and is done
outside the court.
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Arbitrary Detention
Arbitrary detention is a crime against the fundamental law of the state, committed by any
public officer or employee in any of the following:
1. Detention of any person without legal grounds (Article 124);
2. Delay in the delivery of detained person to the proper judicial authority (Article 125); and
3. Delaying Release (Article 126)
In relation to arrest, any person arrested without the benefit of warrant (warrantless arrest)
shall be released subject to the gravity of the offense he is suspected to have committed such that:
1. 12 hours, if the person committed a light felony;
2. 18 hours, if the person committed less grave felony; and
3. 36 hours, if the person committed a grave felony.
Any police officer who will not observe or fail to observe the following number of hours shall
be charged for arbitrary detention under article 125 of Revised Penal Code.
Task/Activity
ASSESSMENT 1: Application
1. Is it right and proper that the person detained be provided with individual rights as mandated
by the constitution? Explain briefly.
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LESSON 5
Interview and Interrogation
TOPICS
1. Investigative Interview
2. Interrogation
3. Confession and Admission
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
a. discuss the characteristics and rules of a productive interview;
b. differentiate the relevance of interrogation from interview; and
c. explain the effect of confession from admission in the criminal
investigation.
Take not that interview differs from interrogation such that interview is a form of
questioning among person who have knowledge regarding the commission of a crime
while interrogation is a questioning style which involves the use of strong appeal or aura
in order to gather information among persons who may have direct involvement of the
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crime. Also, interview is commonly done among witnesses, complainants and victims of
the crime while interrogation is usually done among person suspected to have committed
a crime or those hostile witnesses. Take not that this are those witnesses who are
uncooperative and do not wish to provide information necessary for the prosecution of
the case.
Additionally, investigators must do the interview the soonest time possible as this
will allow them to gather better information concerning the crime. The lesser the time
between the commission of the crime and the conduct of interview, the more accurate it
will be and fruitful for successful investigation.
Characteristics of Productive Interviewer
The capacity to gather information relies heavily on the skills and competency of
the investigators. Take note that the skills of the investigators refer to his technique
employed, manner of approach and timely decision in doing the interview while
competency refers to the knowledge earned through experience and training. Moreover,
investigators must also possess the following characteristics in order to become a
successful interviewer such that:
1. Self-reliance – this means that investigators must be confident in doing the interview
while at the same time conscious in listening to the interviewee. Interviewee is the
person placed under interview;
2. Adaptability – this means that investigators must be flexible in different situations and
be able to do the interview at the interviewee’s convenience;
3. Perseverance – this means that investigators must endure all obstacles that may come
before the process of interviewing the interviewee;
4. Optimistic – this means that investigators must be positive in dealing all possible
interviewee’s that may be called before him; and
5. Patience – this means that investigators must exert all possible effort to maintain a
good attitude in handling the interview as well as the ability to work under pressure.
RULES IN INTERVIEW
Gathering information relevant to the case does not only include the skills and
competency of the investigator but as well as the proper and timely preparation in doing
interviews. Keep in mind that interviewers should be versatile or flexible in handling
different types of personality as this will allow him to gather relevant facts in line with the
commission of the crime. Some of these important things that investigators must
remember are as follows:
1. Case review – investigators must review the relevant facts about the case before
proceeding with the interview of the interviewee. This will allow him to capture all the
necessary detail while doing the interview as well as prevent the loss of vital
information to which the interviewee possess;
2. Build rapport – this means that the investigator needs to communicate properly and
bring the interviewee to attention in establishing a good communication in order to
proceed with cognitive interview. Take note that rapport refers to the good
relationship established between interviewer and interviewee as a result of their
mutual understanding in solving the case. As an effect, investigators can do the
cognitive interview wherein interviewee can provide all the relevant facts of the case
under investigation through narration of his accounts and upon the aid of effective
interviewing techniques.
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3. Simple question – this means that investigators should not allow the interviewee to
be confused. Confusing make it difficult for the interviewee to understand and provide
accurate answers;
4. Avoid implied answer – this answer that investigators must not allow a question
answerable by either “yes or no”. If that is the case, this will limit the perspective of
the interview and investigators may omit some important facts of the case.
5. Avoid Leading question – as much as possible, avoid leading questions as this will
redirect interviewee’s mind and will focus only to matters which investigators ask.
However, this may be useful in interviewing child witness;
6. Do not ramble – this simply means that investigators should ask one question at a time;
and
7. Good closure – this means that investigators should be courteous and kind to the
interviewee as a further set of interview is possible. Do not allow interviewee to put
grudge against you.
Task/Activity
TOPIC 2: INTERROGATION
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Interrogation Techniques
Interrogation technique refers to the
method employed by the interrogator in
questioning and eliciting relevant facts necessary
for the conviction of the suspect.
In addition, investigators must employ
appropriate and suitable interrogation styles
depending on the type of suspect. Some of these
techniques are:
1. Strong approach – interrogator projects
a hostile personality toward the subject
to create anxiety and fear in order to confess.
2. Friendly approach – interrogator manifests a sign of friendliness and offer help
toward the subject.
Task/Activity
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3. There was no third degree user. Third degree simply means as the use of
physical force, intimidation, threat, or any other similar means done to obtain
confession.
However, Miranda warning need not be applied in cases where the confession was
done voluntarily or made spontaneously such that:
1. The person was running to the police station and suddenly spoke out that he
killed a person;
2. The person who subjected to for fingerprinting or be taken handwriting
sample or doing a line up for sobriety test;
3. Field questioning or in the crime scene;
4. Roadside questioning or any traffic stops; or
5. Any other minor violations.
Task/Activity
1. Mr. C is a liar and talkative type of witness. What do you think is the best approach
to gather information from him? Explain.
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LESSON 6
Intelligence
TOPICS
1. Information
2. The Characteristics and Context of Intelligence
3. Counterintelligence
4. Intelligence Cycle
5. Undercover Operations
6. Surveillance
7. Agents
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
a. identify the possible sources of information, types and motives of
informant;
b. discuss the context, characteristics and principle covered by
intelligence;
c. apply the principle and application of counterintelligence;
d. examine the process, reliability and accuracy involved in intelligence
cycle; and
e. enumerate the purpose of conducing undercover.
TOPIC 1: INFORMATION
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Sources of Information
Source of information is the network of data which can be linked or grouped in order to obtain
a concrete a reliable information based on the prevailing need or as the need arises. Some of these
common sources are:
a. Regular source – these are information gathered through people who have come
directly to the attention of the police commonly the complainant, witness or victim.
b. Cultivated source – these are information generally taken through the use of
informant or informer.
c. Grapevine source – these sources of information are gathered from those who are
in the underworld criminals or ex-convicts.
a. Government source – these are sources taken from government agencies or any of
its instrumentality.
b. Private source – these sources of information are usually taken from different private
entities and business organizations, public utilities such as water or electric bills,
and all other private sectors.
c. Internet source – this modern source of information is done through searching
specific detail by typing the desired key or phrase in the different search engine.
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In addition, below are the common motives of the informant in providing information such as:
The power given by the state to police officers in gathering is so huge that it may be prone
to abuse. To protect the privacy of an individual citizen, the law prohibits certain police actions such
as the following:
1. Republic Act 4200 (Anti-Wiretapping). Under this law, the following acts are prohibited:
a. Tapping any wire or cable;
b. Using any other device or arrangement;
c. To secretly overhear, intercept, or record;
d. Private communication/conversation or spoken word; or
e. Without the knowledge or consent of all the parties
2. Republic Act. 10173 (Data Privacy Act). Under this law, the following acts are prohibited:
a. Unauthorized processing of personal information;
b. Accessing personal information due to negligence
c. Improper disposal of personal information;
d. Processing of personal information for unauthorized purposes;
e. Unauthorized access or intentional breach;
f. Malicious disclosure; and
g. Unauthorized disclosure.
Take note, under the same law RA 10173, it defines personal information as any information
whether recorded in a material form or not, from which the identity of an individual is apparent or can
be reasonably and directly ascertained by the entity holding the information, or when put together
with other information would directly and certainly identify an individual.
Task/Activity
Activity 1: Application
Identify the type of informants. Their motive were illustrated below:
1. X provide information to the police concerning criminal activity because he is afraid that
they might hunt him.
2. Y is providing unnecessary information to the police
3. Mr. X provides information if he finds out that it has a higher price.
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TOPIC 2: THE CHARACTERISTICS AND CONTEXT OF INTELLIGENCE
In addition, it must be noted that intelligence is not only used in line with the different police
operation but also in improving the political, economic and sociological advantage of the nation. Apart
from that, take note that intelligence should possess the following characteristics as it serves its
purpose. If not any information gathered will be hampered or might acquire false information. As
whole, any operation or activity might be jeopardized.
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SCOPE OF INTELLIGENCE
Intelligence also covers a wide range of area in its application. It might be a network of
information concerning national policy and national security which is known as National
intelligence. It could also be collected, analyzed, collated and evaluated information concerning
criminal investigation, criminal syndicate, organized crimes, and other police problems which are
known as Police intelligence. Those information regarding military activities which is at the same
essential to the different military operations is known as Military intelligence. Lastly, it could also
be Departmental intelligence, which refers to information needed by all the department agencies
in the execution of government plans and programs.
In the area of police intelligence, it includes criminal intelligence, internal security
intelligence, and public safety intelligence. Criminal Intelligence (CRIMINT) refers to the knowledge
essential to the prevention of crimes and the investigation, arrest and prosecution of criminal
offenders. Internal Security Intelligence (INSINT) refers to the knowledge essential in the
maintenance of peace and order. Lastly, Public Safety Intelligence (PUSINT) which refers to the
knowledge essential in ensuring the protection of lives and properties.
Line Intelligence on the other hand is a type of intelligence that is immediate in nature and
can be available or developed within a short period of time. It is a kind of intelligence required by the
commander to provide for planning and conduct tactical and administrative operation in
counterinsurgency. This includes knowledge of People, Weather, Enemy and Terrain (PWET) which
is fundamental in planning and conducting tactical and administrative operation in a
counterinsurgency.
People includes the living condition of the people, sources of income, their education,
government livelihood projects and the extent of enemy influence to the people. Weather refers to
the visibility, cloudy, temperature, precipitation (rain) or windy of the climate. Enemy as the term
suggest, refers to the study of location, strength, disposition, tactical capability and vulnerability of
the enemy. Terrain includes relief and drainage system, vegetation, surface material, manmade
features and some military aspects of terrain which includes cover and concealment, obstacle, critical
key terrain features, observation and fields of fire, and avenues of approach.
Task/Activity
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TOPIC 3: COUNTER INTELLIGENCE
In the field of Civil Security counterintelligence helps in providing measures that affect non-
military nationals who are residing in an area either permanently or temporarily. One of the best
application also of counterintelligence is the Censorship, as this aids in controlling the movement of
the different person particularly those are expected to destroy any government institutions or
projects. In the conduct of Special Operations, counterintelligence also provides protection against
counter subversion, sabotage, and espionage.
In the field of Counter Intelligence (CI) Operation, it could either be Counter Human Intel,
Counter Imagery Intel or Counter Signal Intel. Counter Human Intel (HUMINT) seeks to overcome
enemy attempts to use human sources to collect information or to conduct sabotage and subversion.
Counter Imagery Intel (IMINT) are actions such as surveillance radar, photo thermal and infrared
systems and rely heavily on pattern and movement analysis and evaluation of the enemy. Lastly,
Counter Signal Intel (SIGINT) which determines enemy SIGINT and related enemy weaknesses,
capabilities and activities, assess friendly operations to identify patters, profiles and develop,
recommend and analyze countermeasures.
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In addition, the concept of counterintelligence does not only limit to the protection of vital
information or to hide ones identity from the enemy but also includes detection, prevention, and
neutralization of enemy activities. Detection is about knowing the clandestine operation of the enemy.
Prevention is about avoiding enemy attacks or infiltration while neutralization is the suppression of
enemy activities.
To sum up, counterintelligence is very significant to but not limited to the following such that:
1. Denying information to the enemy;
2. Reducing the risk of a command;
3. Protecting vital information and property;
4. Increasing security forces; and
5. Decreasing the enemy’s ability to create plans against the organization.
Task/Activity
Intelligence Cycle is defined as the process of obtaining information which includes proper
procedure and sequence of steps starting from planning, collection, and the dissemination of
information to appropriate persons. Intelligence cycle is important as it provides the necessary details
in attaining the mission. Mission is the purpose why intelligence should be gathered and used for
particular undertaking. This is considered as the heart of the intelligence cycle.
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Planning Phase
In intelligence cycle, planning is defined as the process of determining the extent and scope
of the needed preparation which includes the supervision of the collection of information and other
requirements based on the standard priorities.
In planning for the collection, the following factors should be considered such as:
1. Sources of information
2. Operations of the command
3. Characteristics of the enemy; and
4. Methods in gathering information.
Sources of information pertains to the individual or group, association or entity which may
possess possible information tom which an individual desires to be gathered. Operations of
command is the manner how the collecting agency and even the agency upon which data will be
gathered acts or works for a particular purpose in order to determine the needed preparation or
security. Characteristics of the enemy refers to the capabilities, power, influence, and connection of
the enemy forces upon any person to whom the data to be collected shall be directed or used.
Methods in gathering of information simply refer to the different approaches as to how information
shall be gathered or collected. This will help intelligence officer to provide the necessary Essential
Elements of Information (EEI). These are information pertaining to the target area which the
commander feels he need before he can arrive with an accurate decision.
In addition, collecting agency refers to any organization, entity, association or individual
person that collects and gathers the needed information through an intelligence officer. Target area
refers to any individual, group, association or entity that subjected to for operation or intelligence
gathering.
COLLECTION PHASE
In intelligence cycle, collection refers to the information gathering done in compliance with
established procedure to avoid detection and penetrate successfully.
In collecting information, the following factors should be considered such as:
1. Who will collect the information
2. What information will be collected
3. Where are the places whereby information shall be collected
4. When is the right time to gather the information
5. How this information shall be collected; and
6. Why this information should be collected?
Take note that since the collection and gathering of data is a cycle, any information gathered
or collected to which the intelligence officer finds less value or no value at all shall be recorded and,
if possible, preserved as it may be used for future endeavors.
In selecting the collecting agent, the following factors should be considered:
1. The placement or access to the information;
2. The capability to gather the information;
3. The number of people who will gather the information; and
4. The strength and security of the target area.
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COLLATION PHASE
In intelligence cycle, collation refers to the process involved in evaluating the accuracy and
reliability of the information collected. Reliability means judging the source of information while
accuracy simply means the level of truthfulness of the information collected.
In collation stage, all collected information will undergo the following:
1. Recording – refers to the systematic sorting of all documented information and present
them either in writing or some other form of presentation so that they can be analyzed
and studied for future action.
2. Analysis – the collected information is divided into different components; and isolate
those that are relevant to the mission or those that has intelligence value which includes
looking into the source of information, truthfulness of the information and who provides
the information
3. Evaluation – refers to the assessment of information done to determine the reliability of
the source and providing judgement in line accuracy to determine its truthfulness as well
as its pertinence to the current situation.
Reliability and Accuracy Table
REALIBITY OF INFORMATION ACCURACY OF INFORMATION SOURCE OF INFORMATION
A – COMPLETE RELIABLE 1 – CONFIRMED by other T – Direct Observation by Commander
sources of Unit
B – USUALLY RELIABLE 2 – PROBABLY TRUE U – Report by DPA or Resident Agent
C- FAIRLY RELIABLE 3 – POSSIBLY TRUE V - Report by PNP/AFP Troops
D – NOT USUALLY RELIABLE 4 – DOUBTFULLY TRUE W – Interrogation of Captured Enemy
Z – Documentary
4. Integration – is the combination of all those isolated information from various sources to
produce a new information necessary for the success of the mission.
5. Interpretation – is the process involved in providing meaning and significance of new
information
6. Synthesis – provide conclusion based on the new information generated in relation to
the current situation.
Take note, processed information is now called intelligence.
DISSEMINATION PHASE
In intelligence cycle, dissemination refers to the actions taken to transfer processed
information to appropriate persons. Extra care should be considered in disseminating information
and should be based on the “need to know principle”. Meaning, information or those that had already
intelligence value should only be passed, handed, and disseminated among persons who have the
personality to know or acquire the same.
In line with dissemination, the intelligence can be disseminated in any of the following:
1. Fragmentary orders from top to bottom of the command
2. Memorandum, circulars, special orders
3. Operations order, oral written
4. Conference – staff members
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5. Other report and intelligence documents
6. Personal Contact
Who are the users of intelligence?
1. National Leaders;
2. Military commanders;
3. Advisors and Staff;
4. Friendly nations;
5. Head / Chairman of an organization; and
6. Any person with authority or right over the intelligence
Task/Activity
Activity 4: Understanding
1. What are the steps undertaken in the different phases of the intelligence cycle?
2. What is the purpose of determining the reliability and accuracy of the information?
41
assignment on the other hand is the employment of undercover agent in an areas where the subject
frequents for fun and entertainment. Lastly, work assignment is employment of undercover agents
in areas where the subject works.
In addition, undercover operation is composed of the following elements, namely: the head;
target; and agent
The Head is the person who directs the organization conducting the undercover operation.
The target pertains to any person, place or things against which the undercover operation is to be
conducted while the agent refers to a person who conducts the clandestine activity. This could either
be a police officer or any person who can access and gather information from the target.
In the conduct of undercover operation, be cautious when confronting with ranks of criminal
a syndicate. When gathering information, be sure that you are good in elicitation. Elicitation is a
form of extracting information done through an interview with the person who might possess valuable
information concerning a person, event, organization or place without his knowledge or suspicion.
In Elicitation, be sure to have a good approach and a proper probing technique. Approach
pertains to the manner as to how you will start talking while probe refers to the manner how will you
keep the person talk.
When reporting to the office, the investigator should meet any personality or his companion
with the law enforcement agency in a safe house only. The term safe house refers to a safe place
where the investigator or his informant will meet for briefing or debriefing purpose. To avoid any
suspicion from those who are in the ranks of a criminal syndicate, the undercover agent may use
couriers to provide feedback as to the current operation. Courier refers to the person who carries an
information to another person.
It could also be through leaving a message in some places or drop. Drop refers to a secure
place where agents or informants give their message to the other agents which could be either:
1. Dead Drop – the agent merely leaves the message
2. Live Drop – the courier hand over the message directly to the agent.
It must be noted that undercover agent must be very cautious at all times as any failure in
this operation might cost his life. Be reminded of the following while conducting undercover
operations:
1. Act naturally as possible
2. Do not overplay your part
3. Do not indulge in any activity, which is not in conformity with the assumed identity. This
means that if you play the part of a fisherman and have a knowledge, attitude, and skills
of a fisherman.
4. Do not make notes unless they are to be mailed or passed immediately. Use code or
cipher if possible (to be discussed in the next lesson)
5. Do not use liquor or any intoxicants except if necessary and limit the amount to avoid
being drunk
6. Limit your association with women.
Task/Activity
Activity 5: Analysis
1. What are the other things that you need to reconsider and remember while doing
undercover operation?
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TOPIC 6: SURVEILLANCE
43
2. Moving surveillance – this surveillance employed when the subject moves from one
place to another. The person is commonly tailing or shadowing the subject. Tailing or
shadowing simply means as the act of following a person’s movement either through
foot or with the use of an automobile. The subject of this surveillance is usually a person.
Under this method of surveillance, this could be done in the following manner:
a. Rough tail or open tail – otherwise known as rough shadowing, and is commonly
employed if the subject knows about the presence of the surveillant. Rough tail can
be used in the following scenario:
c. Loose tail – refers to the tailing commonly employed if the surveillant wants to
remain undetected. This tailing could be used best when:
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Listening to people who are talking at the table beside you; and
Sitting beside the person who is talking to someone over telephone
lines.
Methods of Surveillance
The manner as to how surveillance is to be conducted which includes the various procedures
and techniques employed by an agent or surveillance is referred to as the methods in surveillance.
This could be either be one man shadow, two man shadow, or three man shadow.
In one man shadow, as the number speaks, there is only one surveillant following the
subject. If two man shadow, two surveillant. In three man shadow three surveillant.
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same side where the subject gone. The third surveillant (C) should observe the subject
and act the role of either surveillant A or B depending on the situation. Whoever
becomes the third surveillant should follow the same. Later, they should find the right
place and timing to regroup.
4. Make a good decision as to where the subject will be going. In that case, the surveillant
is at the advantage in taking the right position or placement while following the subject.
5. Regroup if chances are possible but again, not necessarily the same place where you
started doing the shadowing of the subject. This means that the first surveillant (A) may
now become the second surveillant (B) or vice versa and surveillant (B) becomes now
the surveillant (C) and surveillant (C) becomes now the surveillant (A) or vice versa
depending on the situation.
6. Do not wear any apparel or clothing that is obvious or can caught the attention of the
subject.
7. Take photographs if possible, especially those contacts by the subject.
Take not that the procedure taken either in one man, two man or three man shadow are
quite the same. They just differ in terms of their role and placement. In this way, alarming the subject
that he is under surveillance is quite small considering that there are two or three persons conducting
the surveillance.
Casing
Casing refers to the process of inspecting places to determine its suitability for operational
use. In the military, it is known as Reconnaissance. Sometimes, it is called the surveillance of places
or building. Casing could be done either:
1. Internal – it is inspection of the different parts of the building or any structure which
includes but not limited to the different rooms within the building.
2. External – this is the inspection and observation of the immediate areas surrounding the
building or any structure which includes location, direction, possible exits and others.
Task/Activity
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TOPIC 7: AGENTS
47
3. Support Agents – These are those who engage in activities in line with giving support to
the clandestine operations. This includes:
a. Surveillant Investigator – these are those who continue to observe any person
or places that is connected to the operation;
b. Procurer of Funds – these are those who obtain money needed to sustain the
operation;
c. Safe house Keeper – is the person responsible in maintaining the safe house
for training, briefing, debriefing or any other purposes; and
d. Communication Agent – the person responsible for securing the clandestine
operation.
As a whole, people may think that agents are cool and skillful in various aspects. However,
those skills are necessary in order for them to survive and go back alive to their respective agency
and family. Some of them were relocated and isolated in areas away from home for the sole purpose
of accomplishing their tasks as agents.
Task/Activity
Conduct and perform a surveillance operation. List down the things that you need to do or
you need to know about the subject and how you will conduct the surveillance based on
subject’s background.
48
LESSON 7
Instruments in Investigation
TOPICS
1. Forensic Ballistics
2. Questioned Document
3. Forensic Odontology
4. Forensic Photography
5. Forensic Toxicology and Serology
6. Anthropometry and Fingerprinting
7. Forensic Medicine
8. Polygraphy
LEARNING OUTCOMES
At the end of the lesson, you should be able to:
a. apply the principle and relevance of ballistics in investigation;
b. analyze the principle of studying questioned document;
c. discuss the relevance of odontology in the field of investigation;
d. evaluate the admissibility and relevance of photography in police
work;
e. discuss the toxicology and serology in line with investigation;
f. evaluate the principles of fingerprinting in the field of investigation;
g. apply the principles of body changes after death in investigation; and
h. evaluate the role and use of polygraph as an aid in investigation.
Take note, fired bullet refers to any bullets/s found and recovered from the crime scene. Same
with fired bullet. Fired cartridge case refers to any cartridge case/s found and recovered from the
crime scene. Suspected firearm refers to the firearm found and recovered from the crime scene and
49
subject for laboratory examination to establish its identity and uniqueness as compared to other
firearm.
The examination of firearm was founded on the principle that no two firearms are exactly the
same even if they are product of one manufacturer.
Like any other field, ballistics needs to enlighten the investigator if a fire bullet, fired cartridge
case, and a suspected firearm are found at the crime scene. The ballistician should take all the
necessary measures to solve the given scenario such that:
Given a fired bullet
The ballistician will determine the caliber, make, and type of possible firearm used in any firearm
related incident.
Given a fired cartridge case
The ballistician will determine the caliber, make and type of possible firearm used in any firearm
related incident.
Given a fired bullet and suspected firearm
The ballistician will determine if the fired bullet found and recovered from the crime scene came from
that suspected firearm.
Given a fire cartridge case and a suspected firearm
The ballistician will determine if the fired cartridge case found and recovered from the crime scene
came from that suspected firearm.
Given multiple fired bullets and a suspected firearm
The ballistician will determine if those multiple fired bullets came from that suspected firearm or how
many firearms used to fire those multiple bullets.
Given multiple fired cartridge cases and a suspected firearm
The ballistician will determine if those multiple fired bullets came from that suspected firearm or how
many firearms used to fire those multiple bullets
Given a suspected firearm
The ballistician will determine if the firearm was recently used or not, or, if the firearm is still
serviceable or usable.
Task/Activity
Activity 1: Application
1. If the investigator finds several bullets in the crime scene and a firearm accidentally left by
the perpetrator of the crime, what is the most probable problem that a ballistician needs to
solve?
50
TOPIC 2: QUESTIONED DOCUMENT
COLLECTION OF DOCUMENTS
In case where the core of the investigation relies heavily on the document recovered from
the crime scene, investigators are responsible for further collection of documents or other material
needed and assist the questioned document examiner in whatever endeavors are needed for the
success of the examination. Investigators if feasible should collect the following standard document.
1. Collected standard – these are classes of documents collected commonly in the office,
house or other areas where the person resides or frequents as part of his usual routine.
2. Requested standard - these are documents commonly handwriting or signature –
related issues accomplished upon the request of the party requesting such standard.
This is usually undertaken by Questioned Document Examiner.
Take note, standard document refers to any known writing of the person. This is the
document which will serve as the bases in comparing with those questioned documents of those that
are recovered from the crime scene or submitted for examination.
Task/Activity
51
TOPIC 3: FORENSIC ODONTOLOGY
This forensic science pertains to the application of dental knowledge to legal investigation
both in criminal and civic aspects. As human bone and teeth are the most durable part of the human
body, this allows the forensic dentist (Odontologists) who is highly experienced in this field of
expertise to aid in the following:
1. Identify unknown remains of an individual person and
2. Establish the identity of specific bite marks.
Advantages of Forensic Odontology
In cases of investigation in line with assault or injuries where bite marks are present,
Odontologists determines the identity of the person
through examination of the dental structure of any
person suspected to have committed the crime. The
same is true in cases of death investigation whereby
Odontologists takes photograph of the teeth of
deceased, conduct cranial measurements and study
all cranial structure.
In addition, the science of forensic
odontology is best useful in cases of the following:
1. Victims of mass disaster;
2. Burned bodies;
3. Dismembered bodies; and
4. Physically deformed bodies.
However. Like other sciences, Forensic Odontology also has some limitations. Some of
these limitations are as follows:
1. Not enough standards available as it is not the primary means of identification
2. No strict implementation of keeping dental records among dentistry
3. Dental profile of a person may change over a period of time
4. Bites marks on the person’s skin may change depending on the pressure applied during
biting and as the time pass.
5. The questioned bite taken from the victim may not5 be the same with the bite taken
under controlled environment or during the acquisition of standard.
6. Instructions as to how the analysis must be undertaken (no standards)
Task/Activity
52
TOPIC 4: FORENSIC PHOTOGRAPHY
DIGITAL PHOTOGRAPHY
Digital photography is defined as an art and science in line with the process of producing or
reproducing digital photographs and other digital images through the action of light and with the aid
of digital camera and other digital devices. Digital photographs is simply the product or result of digital
photography. It differs from the conventional as this one no longer requires the use of any sensitized
material in producing an image. In digital photography, image can be reproduced through.
1. Directly using a digital camera
2. Taking a photo from a video; or
3. Scanning a conventional photograph.
Sensitized material, refers to any substance that is very sensitive to light and loses its value
when exposed to the same. Sensitized material could either be film or photographic paper. The film
is where the image is recoded upon taking of pictures in conventional photography. Photographic
paper is where the image is transferred from the film during the development of the photograph.
In addition, development simply means as the process of making the captured image visible.
And although the current time uses digital photography as the standard one in taking pictures,
conventional photography refers to the old means of reproducing a photographic image.
Task/Activity
53
TOPIC 5: FORENSIC TOXICOLOGY AND SEROLOGY
Forensic toxicology is defined as the application of toxicology to aid in the medical and legal
aspect of death investigation. Toxicology simply refers to the study of chemicals and its adverse
effects in the human body. This discipline is very useful in the following instances.
1. Drug testing;
2. Alcohol intake; and
3. Death investigation specifically in cases of poisoning.
In traffic investigation, it is often useful in cases of drug and alcohol testing. It can also be
utilized in case of investigation connected with environment contamination to determine how certain
chemical contributed to environmental pollution. Lastly, it helps investigators be enlightened about
the effect of specific amount or dose of the substance individuals. Dose simply refers to the quantity
of the substance.
On the other hand, in cases where body fluids such as blood semen, saliva are recovered
from the crime scene, serology can be of help as it is the science that details with the study of body
fluids. In connection with investigation, forensic serology deals with the identification, detection, and
classification of the different bodily fluids found in the crime scene. This includes the separation of
these fluids to determine its origin or to be exact, from whom it came from.
In addition, the test for Serology are as follows:
1. Presumptive Test – a quick preliminary test conducted to determine if the sample taken
is blood.
2. Confirmatory Test – this test is conducted to conclude that the test taken is blood.
Task/Activity
Activity 5: Analysis
1. What is the relevance of studying poison in the field of investigation?
The identification of the person brought before the custody of law was first established
through the science of anthropometry which simply refers to the system of body measurement. With
the aid of anthropometry, suspect’s body is measured. These body measurements are retained for
purposes of future identification. This greatly helps law enforcement authorities in identifying
individual as to who may have committed a crime.
However, the science of anthropometry started to collapse in the case of will and William
West, making the science of fingerprinting to come into picture which later on became the best
method in establishing the identity of the individual person.
As what is commonly observed, every person arrested was fingerprint to serve as a standard
and will be submitted for filling purposes. Standard in the sense that they serve as a correct copy of
the fingerprint of the individual person. Filing refers to the submission of the fingerprint standard to
the recording system for future use.
54
This is the reason why most of the agencies or an application made by the person is
accompanied by their fingerprint for easy and faster identification.
In addition, like any other sciences, the following are the principles of fingerprint:
1. Principle of Permanency – this principle states that fingerprint does not change over the
lifetime of the person. This means that fingerprint is constant from conception to birth
and from birth to death.
2. Principle of individuality – this principle states that every individual person has their own
unique set of fingerprints and that these fingerprints cannot be duplicated not repeated
among other individuals.
3. Principle of Infallibility – this principle states that fingerprint can never be wrong or makes
an error as to the identity of the person.
Task/Activity
Forensic Medicine is a branch as the thorough of medicine that deals with the application of
medical knowledge to establish facts surrounding the causes, manner and time of death of the
person. It aids investigation, such that they enlightened investigators as to how and when the crime
was committed through the conduct of autopsy.
An autopsy is defined as the thorough examination of a dead body done through dissection.
In contrast with postmortem examination, which is commonly limited to external examination,
autopsy opens the internal parts of a dead body to perform the examination and carefully studies
each internal part to establish the possible factors as well as the possible manner surrounding the
death of the person. Postmortem means after death.
One greatest contribution of forensic medicine in the field of investigation is that,
investigators may possibly determine the approximate time of death through visible body changes.
These visible body changes are as follows:
1. Algor Mortis or cooling of the body – this means that the body becomes cold after death.
This usually occurs in the first 2 hours after the person died.
2. Rigor Mortis or muscle stiffening - after cooling of the body, the muscles will become
rigid or stiff usually 2-3 hours after death. The whole body will become will rigid
approximately 12 hours after death and will last for about 18-36 hours. Thereafter,
putrefaction will commence. Putrefaction simply means the decomposition or decaying
of the dead body.
3. Livor Mortis or skin discoloration – this refers to the changes of the body color 3-6 hours
after death due to the stoppage of blood circulation and the clotting of blood in the blood
vessels. This results in the settlement of the blood in the area of the body where it has
contact with the surface. After 12 hours, skin discoloration becomes fully developed.
This phenomenon is one of the best indicator if the dead body was moved or not.
55
Task/Activity
TOPIC 8: POLYGRAPHY
Polygraphy is defined as the scientific method of detecting deception done with the aid of a
polygraph machine. Polygraph is a scientific instrument used as an aid in detecting deception.
Sometimes it is called a “Lie Detector” although there is no such machine that can detect lies. The
examiner, referred to as the person who conducts the polygraph examination is the one that can
manifest if the subject is truthful or deceitful through the aid of the polygraph machine. The term
subject in polygraph examination refers to the person who is placed under polygraph. The polygraph
machine cannot tell whether the person is lying or not. It only serves as an aid in investigation
specifically in the interrogation process if the person so agree that he will be placed under polygraph
examination.
Examiner relies on the physiological changes in the body of the person to detect if the person
is lying or not. These physiological changes refer to body changes which occurs if the person is
performing an act or is under stress like sweating, faster heartbeats, heavy breaths and others. In
polygraph examination, the subject will be under stress if he intends to lie resulting to physiological
changes in his body. These physiological changes are now recorded with the aid of a polygraph
machine and interpreted by the examiner.
Task/Activity
ASSESSMENT: RESEARCH
1. Hans Gross
2. Col. Calvin Goddard
3. Dr. Matthew C. Orfila
4. Albert S. Osborn
5. Sir Edward Richard Henry
6. Alphonse Bertillon
56
Republic of the Philippines
OCCIDENTAL MINDORO STATE COLLEGE
Labangan, San Jose, Occidental Mindoro
website: www.omsc.edu.ph email address: omsc_9747@yahoo.com
Tele/Fax: (043) 457-0231 CERTIFIED TO ISO 9001:2015
CERT. NO.: 50500643 QM15
_____________________________________________________________________________
A Module
in
Character Formation I
Prepared by:
ROSANA F. RODRIGUEZ, RN, MAN
2020 Revision
APPROVAL SHEET
This Instructional Material entitled CHARACTER FORMATION I, authored by
ROSANA F. RODRIGUEZ A.Y. 2019-2020, is recommended for production and utilization
by the students and faculty members of the Occidental Mindoro State College.
PANEL OF EVALUATORS
Recommending Approval:
Approved:
i
PREFACE
This module has five (5) major parts. The first chapter deals with fundamentals of
patriotism and nationalism. The second chapter is the discussion of the Framework of
Philippine Patriotism and Nationalism. The third chapter deals with Patriotic symbols
focusing on the importance of the Philippine Flag. The fourth chapter is about
the call for nationalism and patriotism. Lastly, the fifth chapter discusses the challenges of
patriotism and Nationalism. At the end of each lesson, there are different types of activities
like essays, reflection and reaction papers, and further readings and projects for the better
comprehension of the students in the topic discussed.
In this module, the students are expected to broaden their theoretical and practical
understanding of nationalism and patriotism, nourished by a sense of history. This module
also aims the students to be aware of the educated Filipino who were the instruments in
letting innocent Filipino know the sense of nationalism and the importance of freedom.
The Author
ii
SYLLABUS
A premier higher education institution that develops locally responsive, globally competitive and innovative professionals.
OMSC MISSION
The OMSC exists to produce intellectual and human capital by developing excellent graduates, through outcomes-based instruction, relevant research, responsive technical advisory services,
and sustainable production.
To produce law enforcement officers who walk with Honor and Pride as gentlemen and women compassionate yet just in delivery of public- service.
OMSC VISION
iii
A premier higher education institution that develops locally responsive, globally competitive and innovative professionals.
OMSC MISSION
The OMSC exists to produce intellectual and human capital by developing excellent graduates, through outcomes-based instruction, relevant research, responsive technical advisory services,
and sustainable production.
Encourage research and inquiry on the nature, causes, treatment or punishment of criminal behavior and how criminal justice agencies function and respond to crime, criminal
behavior and how criminal justice agencies function and respond to crime, criminals and victims.
Prepare the students for career in crime prevention, law enforcement, scientific crime detection, correctional administration, public safety and allied fields;
Foster the values of leadership, integrity, accountability and responsibility while serving their fellowmen, community and country
COURSE TITLE: Character Formation 1 – Nationalism and Patriotism
COURSE DESCRIPTION: The course covers the study of the concepts and principles of nationalism and patriotism specifically the application of knowledge to law enforcement
administration, public safety and criminal justice and embodied in the applicable law and jurisprudence. It also include the foster love of humanity, respect for human rights, appreciation of the
role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal
discipline.
CREDIT UNITS: 3
PREREQUISITES: None
PROGRAM GOAL: This program aims to provide its graduate with the following:
●Encourage research and inquiry on the nature, causes, treatment or punishment or criminal behavior and how criminal justice agencies function and respond to crime, criminals and
victims;
● Prepare the students for careers in crime prevention, law enforcement, scientific crime detection, correctional administration, public safety and allied fields;
● Foster the values of leadership, integrity, accountability and responsibility while serving their fellowmen, community and country.
PROGRAM OUTCOMES: The graduates have the ability to:
● Articulate and discuss the latest developments in the specific field of practice.
● Effectively communicate orally and in writing using both English and Filipino.
iv
● Work effectively and independently in multi-disciplinary and multi-cultural teams.
● Act in recognition of professional, social and ethical responsibility.
● Internalize the concept of human rights and victim welfare;
● Demonstrate competence and broad understanding in law enforcement administration, public safety and criminal justice;
● Apply the principles and jurisprudence of criminal law, evidence and criminal procedure;
● Ensure offenders’ welfare and development for their re-integration to the community.
● Walk faithfully with God
● For Colleges: an ability to participate in various types of employment, development activities, and public discourses particularly in response to the needs of the communities serves.
COURSE OUTCOMES: (knowledge, values and skills all learners are expected to demonstrate at the end of the course)
At the end of the course, the students should be able to:
● Inculcate the patriotism and nationalism, foster love of humanity and respect for human rights.
● Appreciate the role of national heroes in the historical development of the country
● Instill the rights and duties of the Filipino in their country
● Strengthen the ethical and spiritual values and develop moral character and personal discipline
COURSE OUTLINE
Week Desired Learning Course Content Textbooks/ References Teaching/Learning Resource Assessment
Outcomes Activities Materials
Internalize the Vision, Course Introduction Revised Edition Student Discussion Revised Graded Recitation
Mission and the core Handbook Edition on the Vision ,
values of the Institution Identify learning of the Student Mission, Goals and
outcomes of the course Handbook Objectives
Understand the course (VMGO) and Core
Understand the requirements Values of the
importance of GAD Discuss the VMGO and PowerPoint Institution
(Gender and Sensitivity) Core Values of the Presentation
Institution of GAD
Discuss the concept and topic. Quiz on GAD topic
importance of GAD
(Gender and Sensitivity)
Course Orientation:
Grading System;
v
Requirements, Relevance
of the course.
CHAPTER I: FUNDAMENTALS OF PATRIOTISM AND NATIONALISM
Know and understand Lesson I Rondina, Talib and Cardinal (2020) ● Lecture-discussion ● Laptop Individual Activity;
how our ancestors and Understanding Freedom an Character Formation, Nationalism ● Buzz Session ● Power point Collage Making the
first Filipino heroes attempt to contextualize and Patriotism: Chapterhouse ● Individual Activity ● TV events of June 12,
fought for our freedom Indigenization Publishing Incorporated; ● Video Presentation ● Reference 1898 the first
Self- Identity and Civic Novaliches, Quezon City Book successful national
Bonds revolution in Asia
1 since the coming of
the West, and the
Republic to which it
gave birth was the
first democratic
Republic outside of
the Western
hemisphere.
Know the concepts and Lesson 2 Rondina, Talib and Cardinal ● Lecture-discussion ● Laptop ● Individual Activity;
principles of Patriotism (2020) Character Formation, ● Individual Activity ● Power point Reaction Paper
Understand the early Patriotism Nationalism and Patriotism: ● Peer Teaching ● TV about the Article
Filipino concept of Chapterhouse Publishing ● Reference Patriotism in the
Definition of Patriotism
Patriotism Incorporated; Novaliches, Book Philippines and
Roots of Patriotism
Quezon City what it faces at
2 Indigenous Community https://www.getreal
and Early Filipinos philippines.com/20
Concept of Patriotism 15/02/patriotism-in-
the-philippines-
and-what-it-faces/.
● Quiz about
Patriotism
Examine the social ideas of Lesson 3 ● Rondina, Talib and Cardinal ● Lecture and ● Laptop ● Individual Activity:
3 Filipino intellectuals who (2020) Character Formation, Discussion ● Power point Analysis on how
Filipino Social Thinkers Nationalism and Patriotism: ● Brainstorming ● TV each Filipino social
vi
are the founding father of • Jose Rizal Chapterhouse Publishing ● Individual Activity ● Reference thinker will deal
Philippine Social Science. • Andres Bonifacio Incorporated; Novaliches, Book with this
• Emilio Jacinto Quezon City overarching
• Isabelo Delos Reyes questions… “PANO
• Rafael Palma KO BABAGUHIN
• Zeus A. Salazar ANG PILIPINAS
• Renato A Constantino PARA SA
• Virgilio Enriquez IKABUBUTI NG
BAWAT FILIPINO”
using the main
contribution/ social
ideas of each
Filipino Social
Thinkers.
● Quiz on Filipino
Social Thinkers
Manifest interest in local Lesson 4 Rondina, Talib and Cardinal ● Lecture/discussion ● Laptop ● Individual Activity:
history and show concern in (2020) Character Formation, ● Individual Activity ● Power point Reflection Paper
“Negosyo o Kalayaan? Nationalism and Patriotism: ● Buzz- Session ● TV about the Movie
promoting patriotism in our
Bayan o Sarili? Pumili ka- Chapterhouse Publishing ● Reference Heneral Luna by
country.
Heneral Luna Incorporated; Novaliches, Book Jerrold Tarog
Quezon City
Three Mechanisms that
4 helps explains Patriotic
Behavior
Patriotism is a
combination of four
attitudes
Patriotism Phases of
Development
Multifaceted Nature of
Patriotism
5 Develop critical and Lesson 5 Rondina, Talib and Cardinal ● Lecture and ● Laptop ● Individual Activity:
analytical skills with (2020) Character Formation, discussion ● Power point Discuss or explain
vii
exposure to nature of nature Nationalism Nationalism and Patriotism: ● Peer Teaching ● TV this Phrase “As a
and importance of Filipino Chapterhouse Publishing ● Individual Activity ● Reference student how will you
Nationalism What is Nationalism? Incorporated; Novaliches, Book embody the main
Why Should We Study Quezon City teachings and
Nationalism and guiding principles
Patriotism of the Kartilya ng
Mga Aral ng Katipunan Katipunan?
(ng mga A.N.B.) ● Quiz on
Nnationalism
CHAPTER 2: A FRAMEWORK OF PHILIPPINE PATRIOTISM AND NATIONALISM
To point out the strategic Lesson 6 ● Rondina, Talib and Cardinal ● Lecture/discussion ● Laptop Individual Activity:
location of the (2020) Character Formation, ● Peer teaching ● Power point : Study and analyze
The Philippine Archipelago Nationalism and Patriotism: ● Individual Activity ● TV example phrases
Philippines in relation to
and Sikolohiyang Filipino Chapterhouse Publishing ● Reference below, which are
other countries in
Incorporated; Novaliches, book famous and popular
Southeast Asia and the ● Who are we?
Quezon City lines and concepts
world ● Concepts, Theories and
used in successfully
Evaluate the role that Research Methods in marketing
culture and language Sikilohiyang Filipino campaign of some
plays in the process of ● Language as a major tool products
6 indigenizing in discourse
Sikolihiyang Filipino. Kasangga mo
Iba ang may
pinagsamahan
Hiyang sa Pinay
Pang hagod sa pagod
Haplos ni Ina
Pampamilya na Pang-
isports pa
Quiz on
Sikolohiyang
Filipino
viii
Discuss how Filipino/ Lesson 7 ● Rondina, Talib and Cardinal ● Lecture/discussion ● Laptop Individual Activity;
Philippine- based social (2020) Character Formation, ● Peer teaching ● Power point Answer this
Pagkataong Filipino/ Nationalism and Patriotism: ● Individual Activity ● TV hanging statement
scientist studied value
Filipino Personhood Chapterhouse Publishing of what Filipino
systems to understand
Incorporated; Novaliches, values should we
the Philippine society ● Value system of
7-8 Quezon City possess. Pinoy ka
Philippine Psychology
kapag…. You are a
● Core Values Filipino if…..
● Filipino Personality: Quiz on Filipino
Indigenous and Cross- Personhood
Cultural Studies
Awareness of the ideals Lesson 8 Rondina, Talib and Cardinal ● Lecture/discussion ● Laptop Individual Activity:
that our country (2020) Character Formation, ● Brainstorming ● Power point Based on the lessons
Heroes’ Quest For Nationalism and Patriotism: ● Individual Activity ● TV and facts you
founded upon and the
Freedom Chapterhouse Publishing ● Reference learned from our
sacrifices that our
Incorporated; Novaliches, Book heroes’ lives what
forefathers made in Lapu- Lapu
Quezon City you think these
order to that we could Francisco Dagohoy heroes would do
have an independent Gomez, Burgos, and when faced with
country Zamora modern-day crisis?
10 Jose P. Rizal What would their
. Andes Bonifacio sentiments be with
Apolinario Mabini current problems
that we face?
ix
2. What would Jose
Rizal write about
the issues on same-
sex marriage or RH
Bill?
3. What would
Apolinario Mabini
do with the corrupt
government
officials?
Chapter Quiz
CHAPTER 3: PATRIOTIC SYMBOLS
Appreciate the National Lesson 9 ● Rondina, Talib and Cardinal ● Lecture/discussion ● Laptop ● Individual Activity;
symbols of the (2020) Character Formation, ● brainstorming ● Power point Make a Reflection
The Philippine Flag Nationalism and Patriotism: ● Individual Activity ● TV Paper about this
Philippines
Comprehend the Hosting Chapterhouse Publishing Article “The Bataan
and Proper
Incorporated; Novaliches, Death March,
significance of these Display of the National
Quezon City 1942” at
symbols to the Flag http://www.eyewitn
11-12 Philippines The Flag Raising esstohistory.com/in
Ceremony dex.html
Specification of the ● Quiz on Patriotic
National Flag Symbols
Prohibited Acts
Philippine National
Anthem
Recognize the Roles of Lesson 10 ● Rondina, Talib and Cardinal ● Lecture/discussion ● Laptop ● Group Activity
13-15 the Law Enforcement (2020) Character Formation, ● Brainstorming ● Power point Create a video clip
Agencies and Citizen Allegiance to the Country Nationalism and Patriotism: ● Group Activity ● TV
and Constitution
x
Training in Nationalism and Role of Military Chapterhouse Publishing ● Reference show your love to
Patriotism Role of the Police and Incorporated; Novaliches, Book your country (
other Enforcement Quezon City ● Chapter Quiz
Agencies
Role of Citizen’s Training
in Shaping the Youth
Who are the Citizen’s
soldiers
Understand the impact Lesson 11 ● Rondina, Talib and Cardinal ● Lecture/discussion ● Laptop Individual Activity;
of globalization on (2020) Character Formation, ● Brainstorming ● Power point Discuss or explain this
nationalism and Improvements needed in Nationalism and Patriotism: ● Individual Activity ● TV topic. “Does
patriotism the ROTC Chapterhouse Publishing globalization diminish
16-17 Globalization Incorporated; Novaliches, the importance of
Culture and Language Quezon City nationalism?
Ethnicity and Religion Chapter Quiz
COURSE REQUIREMENTS ▪ Create video clip presentation of the Philippine’s National Symbols. (Project)
▪ Create a video clip presentation of the Life of National Heroes that show their love and concern in our country. (Project)
Class Standing =40%
GRADING SYSTEM Mid-Term/Final Examination =40%
Discipline =10%
xi
Project =10%
100%
*Final Rating = Midterm (30%) + Final Term (70%)
Attendance
1. Students having seven (7) absences without valid reasons will be dropped from the class. Students are required to present admit to class
slip from the Office of Student Affairs and Services after being absent in the previous meeting.
2. Three (3), not necessarily consecutive, tardiness without further notice is equivalent to one (1) absence.
Incomplete Grade:
1. Students who were not able to take the midterm/final examinations will receive an incomplete grade.
2. Incomplete grade should be complied within one year.
Discipline:
COURSE POLICIES 1. Students who are late for more than 15 minutes are considered absent and are not permitted to join the class.
2. Male students should follow the 3x4 haircut; while female should fix their hair in a bun with hairnet.
3. All electronic devices should be switched to silent mode; using earplugs is strictly prohibited.
4. Proper uniform should be worn at all times; earrings are prohibited for males.
5. Eating and drinking is prohibited while in class.
6. Leaving the classroom while in the middle of discussion/activities without permission is prohibited.
7. Absentees should secure an Admission slip, duly signed by the Dean, to be admitted to the class.
xii
Prepared by:
Noted
Approved:
xiii
TABLE OF CONTENTS
xiv
LESSON UNDERSTANDING FREEDOM AN
ATTEMPT TO CONTEXTUALIZE
1 TOPIC
Indigenization
Self- Identity
Civic Bonds
INTRODUCTION
In light of recent events and challenges faced by Filipino nation, “freedom” has
become a significant concept discussed in all sectors of society. It has been mentioned
more than ever perhaps due to the variety of issues and concerns that haunt the
motherland- even extending to environment concern and corruption. The idea of
“freedom” might as seen as insignificant, an abstract concept that is difficult to prove, or
worse, a topic reserved only for rhetorical discussions. This notion seems to be valid given
the complexities of the social, cultural, economic, and political aspects of our nation. This
is compounded by the fact that the opportunities to discuss freedom are very rare.
S.K. Tan opined a concept of ‘primitive liberty” which created a progressive and
bountiful period that helped lay down the foundation of different cultures and belief
systems as well as the government and the laws that
regulate the civilization of the Filipino people. What was it
that Magellan and other conquistadores saw, which
provoked them to enslave a nation of great people?
Magellan along with the simple economics of things, can be
substantial topic worth discussing. However, no one would
have the absolute capacity and the normal right to
deliberate upon the aforementioned topic unless one understand the essentials of
freedom.
‘Freedom is not free’ is a passage written on the Korean
War Memorial located in Washington DC in the United States.
During the Korean War from 1950-1953 a group of Filipino
soldiers was sent to South Korea as part of United Nations
contingent. Arguably this could be the best contribution that
we could have offered because we were known to be a nation
of great warriors. In fact, General Douglas Mc Arthur once
famously said “give me ten thousand Filipino and I will conquer the world. Mc Arthur was
really fascinated with the gallantry of our Filipino soldiers during the World War II and,
INDIGENIZATION
COOPERATION
Self-identity is an essential aspect of our life. Human need others not just for the
development of basic functions, but also for the formation of their identity,
psychological being, and self- concept.
CIVIC BONDS
Serve an essential role in the evolution of the species, as human being maintain and
create themselves by living in groups. Even before individuals become aware of their
larger group, they already internalize beliefs and values, adopt a perspective of life,
and learn customs and rituals that characterize their group.
With civic duties towards the nation and the state have come to be recognized and
rated as supreme among individuals’ social loyalties.
Instructions: Create a collage of the events of June 12, 1898, the first successful national
revolution in Asia since the coming of the West, and the Republic to which it gave birth
was the first democratic Republic outside of the Western hemisphere. The aim of this
collage is for the students to be aware of the different events of the first Philippine
Independence because they were too young to remember any of the images or reports
when Philippine gains its freedom from the Spanish crown.
ACTIVITY RUBRIC
CATEGORY 4 3 2 1 Score
Creativity All of the graphics or Most of the graphics or Only a few graphics None of the
objects used in the objects used in the collage or objects reflect graphics or
collage reflect a degree reflect student creativity in student creativity, objects reflects
of student creativity in their display. but the ideas were student creativity.
their display. typical rather than
creative.
Design Graphics are cut to an 1-2 graphics are lacking in 3-4 graphics are Graphics are not
appropriate size, shape design or placement. lacking in design or an appropriate
and are arranged neatly. There may be a few placement. Too size shape. Glue
Care has been taken to smudges or glue marks. much background is marks evident.
balance the pictures showing. There are Most of the
across the area. Items noticeable smudges background is
are glued neatly and or glue marks. showing. It
securely. appears little
attention was
given to designing
the collage.
Time and Effort Much time and effort Class time was used wisely. Class time was not Class time was not
went into the planning Student could have put in always used wisely. used wisely and
and design of the more time and effort. the student put in
collage. It is clear the no additional
student used class time effort.
efficiently.
Attention to Theme The student gives a The student gives a The student gives a The student's
reasonable explanation reasonable explanation of fairly reasonable explanations are
of how every item in the how most items in the explanation of how weak and
collage is related to the collage are related to the most items in the illustrate difficulty
assigned theme. For assigned theme. For many collage are related to understanding
most items, the of the items, the the assigned theme. how to relate
relationship is clear relationship is clear items to the
without explanation. without explanation. assigned theme.
Presentation The student speaks The student speaks clearly, The student The student does
clearly, with confidence with confidence and poise. somewhat speaks not speak clearly,
and poise. Completely Reasonably conveys clearly, with without
conveys message of message of collage as it confidence and confidence and
collage as it relates to relates to personal style poise. Somewhat poise. Does not
personal style choices. choices. conveys message of convey message
collage as it relates of collage as it
to personal style relates to
choices personal style
choices
TOTAL SCORE
Definition of Patriotism
Roots of Patriotism
Indigenous Community and Early Filipino Concept
of Patriotism
INTRODUCTION
Patriotism means genuine love towards your own country/ motherland. It does
not mean hatred towards other countries as well. It is said that even if a mother loose
her love towards her child a child should not lose his/ her honor towards her.
Likewise we must respect our country no matter what the circumstances are. We
all are indebted towards our country because it is where we are born & brought up.
Every individual has a different way to express his/ her feeling of patriotism towards his/
her country.
A true patriot tries to contribute his best for the growth and development of his
country. For instance, a social reformer is said to be a patriot in the real sense.
WHAT IS PATRIOTISM?
The need of belongingness, love and self-esteem are necessary in one person’s
life, and patriotism plays a significant part in fulfilling such needs. Specifically, these are
needs for.
The roots of patriotism are even deeper than love and pride in the group, they
reach even further; the individuals self- concept and self-identity. The group becomes
part of individuals and they experience themselves as part of the group. As the group
often requires a special status, something larger, greater and bigger than individuals- their
devotion and service to the groups-can help them take on a selfless quality that they
usually do not experience when they act to promote their own welfare. Their action on
behalf the group, and even their very devotion to the group can be considered a moral,
even quasi-religious experience.
kalayaan pagiging
karanasan kaisipan kamalayan
at makabayan
“We own the land and mock as saying, where is your title? When we ask the meaning
of your words your answer with taunting arrogance, where are the documents to
prove that you own the land? Titles? Documents? Proof of Ownership Such
arrogance to speak of owning the land when we instead are owned by it. How can
you own that which will outlive you? Only the race owns because the race lives
forever”
Macli- ing Dulag
Kalinga Chief- Defender of the Cordillera
To claim a place is a birthright of every man. If the lowly animals have claimed
their place, how much more can be said of man’s ability to do the same? Man is born to
live. According to the belief of some of our ancestors, Apo Kabunian love us all, gave us
life, and placed us the world to live human lives. Where then shall we obtain life? From
the land. Hence, to work is an obligation and not merely a right. In tilting the land you
possess it; land is a grace that must be nurtured. In fact to enrich the land and make it
productive are the eternal exhortations of Apo Kabunian to all his children. Land is sacred,
land is beloved, and from its womb spring our kalinga life.
{In} the words of Datu Kalojogjog of the respected Manobo tribe, ancestral domain
is the life and blood of our race. This was given to us by Mababaya to care for,
defend our land just as the Mababaya cares for us and defend for us. When we
speak of the right of self-determination, this is related to our ancestral Land. When
we speak of the right of self –determination, this is related to our ancestral land.
What else will be manage or care for if our land are lost, not respected (and) not
recognized/ How will we ensure the customs and traditions of our very people will
live on? As a nation, have we asked ourselves this questions? Do we enter the
uniformed service for the protection of our motherland or do we do all endeavors
for the benefit of our country and for the betterment of the Filipino nation?
In this light, one wonders what could have been the outcome of our country if we
have applied the indigenous wisdom of Datu Kajogjog and Datu Dulag on how to relate
the land (ang tahanan ng ating lahi na kumukupkop at tumulong upang maging maligaya,
malakas at kapakipakinanabang) This a tantamount to embracing a serious effort to
discipline one’s self and dedicate one’s effort to attaining a good amount of competencies
and skills that are necessary in the conduct of service (bilang ganti) , which are tangible,
meaningful,moral and transformative and are done for the love of country (para sa
bayan).
Such an indigenous understanding must be the fountain of one’s desire to
serve and protect his/ her motherland and beyond regional boarders and
ethnicity.
In other words, though ethnicity must be the source of love for once
country, it should not be the limit of such love; if we are to be true
Filipinos we must act as one and move as one ethnicity. Moreover;
regionalism should enliven patriotism . We can only be one family under
such an orientation if we are to achieve great feats as a nation.
The question now arises are we ready to become more than just a tribe and more than
just a “family”. Are we prepared to become Filipinos?
ACTIVITY
ACTIVITY RUBRIC
Jose Rizal
Andres Bonifacio
Emilio Jacinto
Isabelo DelosReyes
Rafael Palma
Zeus A. Salazar
Renato A Constantino
Virgilio Enriquez
INTRODUCTION
Way before the coming of the domineering colonizers, long before our
ancestors were forcefully oriented on the former’s way of thinking, we already
had methods of influencing of society, the manifestations of the first socially
relevant articles are already present in our culture.
The Tattoos, fabrics, weapons, designs and ornaments (visual arts), music,
stories, and folktales, all carry with them as a social message that a member
of a tribe must be able to decipher personally or with aid from his/ her elders.
RAFAEL PALMA
• Advocated “Academic Freedom”
• The primary purpose of education is to develop the individual to
his highest efficiency so that he can be of use to himself and to
the community. Such a concept is based on the philosophy of
altruism and is closely allied to citizenship.
• “Education must produce individuals who are both useful to
themselves and to society.”
ZEUS A. SALAZAR
• Pantayong Pananaw – From- us- For- us-Perspective, “…Dapat
pag-aralan ang ugat at kalagayan ng kapwa Pilipino sa
Pilipinas alinsunod sa punto de bista ng Pilipino at sariling
diskurong taglay nito.”
• Kasayasayan bilang salaysay na nagsaysay para sa
sinalaysayang pangkat ng tao.
RENATO CONSTANTINO
• Colonial experience has developed a captive consciousness;
hence“colonial mentality”, a distorted conscious ness which
encompasses subservient attitude towards the colonial ruler, as
well as predisposition aping Western ways.
• "When one makes a nationalist choice, he or she chooses not
for himse;f or herself alone but for the entire nation as well."
VIRGILIO ENRIQUEZ
• Father of Filipino Psychology
• Sikolohiyang Pilipino, defined as the psychology rooted on the
experience, ideas, and cultural orientation of the filipino
• Kapwa (Togetherness) as core construct of Filipino Psychology.
Instructions: Analysis on how each Filipino social thinker will deal with this overarching
questions… “PANO KO BABAGUHIN ANG PILIPINAS PARA SA IKABUBUTI NG BAWAT
FILIPINO” using their main contribution/ social ideas.
1. Jose Rizal
2. Andres Bonifacio
3. Emilio. Aquinaldo
4. Isabelo delos Reyes
5. Rafael Palma
6. Zeus Salazar
7. Renato Constantino
8. Virgilio Enriquez
ACTIVITY RUBRIC
Criteria Score
The response provides all aspects of a complete interpretation
and/or a correct solution. The response thoroughly addresses the
25 points relevant to the concept or task. It provides strong evidence
that information, reasoning, and conclusions have a definite
logical relationship. It is clearly focused and organized, showing
relevance to the concept, task, or solution process.
The response provides the essential elements of an interpretation
and/or a solution. It addresses the points relevant to the concept
15 or task. It provides ample evidence that information, reasoning,
and conclusions have a logical relationship. It is focused and
organized, showing relevance to the concept, task, or solution
process.
The response provides a partial interpretation and/or solution. It
somewhat addresses the points relevant to the concept or task. It
10 provides some evidence that information, reasoning, and
conclusions have a relationship. It is relevant to the concept
and/or task, but there are gaps in focus and organization
The response provides an unclear, inaccurate interpretation
and/or solution. It fails to address or omits significant aspects of
the concept or task. It provides unrelated or unclear evidence that
5 information, reasoning, and conclusions have a relationship. There
is little evidence of focus or organization relevant to the concept,
task, and/or solution process
The response does not meet the criteria required to earn one
0 point. The student may have written on a different topic or written
"I don't know."
Total Score
INTRODUCTION
Ethnicity
Cultural Identity
According to Felipe De Leon, Jr., “is the sine quanon for being active in the world
It is the fundamental source of social empowerment (the unique quality of the
world’s views and values, core principles and ideas, beliefs, systems and
knowledge, skills and practices shared by a society’s core cultural identity)
If every tribe work for the glory and honor of the Filipino race, if every tribe
commits its genius wisdom, and ethos for all the attainment of the common good
(such as peace, order, and progress). Persevere in its affairs, and conduct
business morality, then it can pass on to the understanding of how to revere the
Patriotism is one of the most fundamental forces of nature- one that benefits
people across generations. On the other hand, Johnsons 1990 presents three mechanisms
that help explain patriotic behavior.
ACTIVITY
Instruction: Watch the movie “Bayan o Sarili? “ – Heneral Luna by Jerrold Tarog. After
watching make a Reflection paper to illustrate your understanding of the movie and how
it affects your ideas and possible practice in the future.
Follow this format
1. Reflection paper should be typewritten use Times New Romans font 12 ;
double spaced
2. Use long bond paper; margins: Top “1”; Left “1”; Bottom “1”; Right “1”
3. Not more than 3 pages; 300-500 words.
What is Nationalism?
Why Should We Study Nationalism and Patriotism
Mga Aral ng Katipunan (ng mga A.N.B.)
INTRODUCTION
WHAT IS NATIONALISM?
According to Feshback and Sakano, as cited by Staub and bar-tal (1997), nationalism
is a feeling of national superiority, in contrast to patriotism, which refers to love of
nation.
Johnson defined nationalism as a “commitment, principle, sentiment, or ideology
that nations should be self- governing”. Suggesting that it overlaps with patriotism
only when the members of a state are coterminous with particular homogenous
ethnic group.
The concept of “nationalism” refers to several phenomena
1. First it refers to the within- group motivations for actions aimed at creating a
state. This type of nationalism arises from the past history of suffering and aims
to create a self- determination and new, better identity.
2. Second, it refers to the motivation to enhance the group’s power, wealth and
influence.
3. Third, it refers to the identity-building actions other than the creation of the
state.
Keilman as cited by Staub and Bar- tal (1997), identifies two types of attachment
to a nation:
1. Sentimental- is based on the perception that the group represents (i.e, reflects,
extends, or conforms) personal identity.
2. Instrumental- is based on the perception that the group meets the needs and
interest of its members. Specifically the attachment to the homeland reflects the
It is difficult to teach an old dog with a new tricks”. According to Bob Proctor a
famous inspirational speaker, the uneducated individual in the twenty- first century
are those who cannot learn, unlearn and re- learn. We have so much information that
is available today, thus causing information overload for the casual audience.
However, what is lacking in us is “wisdom” which emanates from ourselves, in
particular, from having a deep knowledge of our identity. This is the essence of
patriotism and nationalism.
5. Ang may matatas na kalooban inuuna ang puri sa pagpppita sa sarili; ang may
hamak na kalooban inuuna anfg apagppita sa asarili sa puri.
He who is noble prefers honor and personal gain; he who is mean pefers
personal profit to honor
10. Sa daang matinik ng kabuhayan, lalaki ang siyang patnugot ng asawa’t mga anak;
kung ang umaakay ay tungo sa kasamaan, ang patutunguhan ng inaakay ay
kasamaan din.
In the thorny path of life, man is the guide of his wife and children; if he who
guides moves toward evil, they who are guided likewise move toward evil.
11. Ang babae ay huwag ituring na isang bagay na libangan lamang, kundi isang
katuwang at karamay sa mga kahirapan nitong kabuhayan; gamitan mo ng buong
pagpipitagan ang kanyang kahinaan, at alalahanin ang inang pinagbuhata’t nag-
iwi sa iyong kasanggulan.
Think not of a woman as a thing merely to while away time with, but as a helper
and partner in the hardships of life. Respect her in her weakness, and remember
the mother who brought you into this world and who cared for you in your
childhood.
12. Ang di mo ibig gawin sa asawa mo, anak, at kapatid, ay huwag mong gagawin sa
asawa, anak, at kapatid ng iba.
What you don’t want done to your wife, daughter, and sister, do not do to the
wife, daughter, and sister of another
13. Ang kamahalan ng tao’y wala sa pagkahari, wala sa tangos ng ilong at puti ng
mukha, wala sa mataas na kalagayan sa balat ng lupa; wagas at tunay na mahal
na tao kahit laking gubat at walang nabatid kundi ang sariling wika, yaong may
magandang asal, may isang pangungusap, may dangal at puri; yaong di
napaaapi’t di nakikiapi, yaong marunong magdamdam at marunong lumingap sa
bayang tinubuan.
The nobility of a man does not consist in being a king, nor in the highness of the
nose and the whiteness of the skin nor in being a priest representing God, nor in
the exalted position on this earth, but pure and truly noble is he who, though
born in the woods, is possessed of an upright character, who is true to his words;
who has dignity and honor; who does not oppress and does not help those who
oppress; who knows how to look after and love the land of his birth.
14. Pag laganap ng mga aral na ito at maningning na sumikat ang araw ng mahal na
kalayaan dito sa kaaba-abang Sangkapuluan, at sabugan ng matamis niyang
liwanag ang nagkakaisang magkakalahi’t magkakapatid ng ligayang walang
katapusan, ang mga ginugol sa buhay, pagod at mga tiniis na kahirapa’y labis
nang natumbasan.
When these doctrines spread and the sun of the beloved liberty shines with
brilliant effulgence in these unhappy isles and sheds its soft rays upon the
unified people and brothers in everlasting happiness, the lives, labor and
suffering of those who are gone shall be more than recompensed.
ACTIVITY
Instruction: Discuss or explain this Phrase “As a student how will you embody the
main teachings and guiding principles of the Kartilya ng Katipunan?
INRODUCTION
The Philippines was named in honor of King Philip II of Spain, and this name was
given by the Spanish explorer, Ruy Lopez de Villalobos during his expedition in 1542.
He named the island of Leyte and Samar as Filipinas after the king who was then-
Prince of Asturias. Eventually the name Las Islas Filipinas was used to cover the entire
archipelago and it was even proclaimed in the Malolos Convention as Republica
Filipina.
The Philippines is located in the heart of Southeast Asia, stretching more than
1,840 km and comprises 7, 1077 islands. The Philippine Archipelago divided into three
island groups: Luzon, Visayas, and Mindanao. The Luzon islands include Luzon itself,
Palawan, Mindoro, Marinduque, Masbate, Romblon, Catanduanes, Batanes and
Polilio. The Visayas group of islands are located in the central Philippines. These
includes Panay, Negros, Cebu, Bohol, Leyte, Samar, Siquijor, Biliran and Guimaras. The
Mindanao islands include Mindanao itself, Dinagat, siargao, Camiquin, Samal, and the
Sulu archipelago consisting primarily of Basilan, Sulu, and Tawi- Tawi.
Article IV, Section I OF THE 1987 Philippine Constitution states that the following are
considered citizens of the Philippines;
1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority; and
There are two (2) generally recognized forms of acquiring Philippine citizenship:
1. Filipino by birth
a. Jus soli (right of soil), which is the legal principle that a person’s nationality
at birth is determined by the place of one’s birth (e.g., the territory of a
given state.)
b. Jus sanquinis (right of blood), which is the legal principle that, at birth, an
individual acquires the nationality of his/her natural parent/s. The
Philippines adheres to this principle.
Sikolohiyang Pilipino (SP), as a field of study, is not only concerned with psychology
as a subject or program in the universities and colleges. In fact, as a field of thought,
this discipline aims to provide awareness and recognition and even highlight our
indigenous culture. This field of thought has always been considered as a movement
as it aims to inspire, motivate, and direct as to address and eventually provide a
solution to the ailments of our society. Enriquez (1997), even emphasized that “as a
perspectives, Sikilohiyang Filipino, confronts social problems nod national issues as
part of (its) responsibility”.
Enumerated below are some of the constructs and concepts considered as areas
of concern of indigenous psychology:
Compared to other disciplines in SP, the data gathering method is totally different
from the objective and interpersonal approach employed by Western Literature,
instead, the methodology used in SP can be characterized as culturally sensitive,
appropriate, and people oriented (Enriquez, 1997).
It is also emphasized that, in the data gathering process, the researcher must use
language of the respondents. Doing so ensures that respondents understand the
question asked and they will feel comfortable in giving responses. This also means
that the researcher can obtained generous and valid data.
From the beginning a defining characteristics of SP has been the use and
development of the Filipino language for psychological research and writings. Proponent
noted that:
1. the use of native language is consistent with the indigenization of from- within
approach;
4. reports written in native language can reach, a wider audience and contribute
toward the development of national identity (Enriquez, 1995b: Enriquez and
Marcelino, 1984, Javier, 1996: Rood, 1985; Salazar, 1982b, 1991; Sibayan, 1994)
ACTIVITY
Instruction: Study and analyze example phrases below, which are famous and popular
lines and concepts used in successfully marketing campaign of some products
Kasangga mo
Iba ang may pinagsamahan
Hiyang sa Pinay
Pang hagod sa pagod
Haplos ni Ina
Pampamilya na Pang- isports pa
1. Discuss among your group mates, classmates, why these phrases become vehicles
for the successful promotion of products in the Philippine market?
2. What sort of products are given this so called “Pinoy- touch?” Can you name more
examples?
INTRODUCTION
There is a good deal of literature on the Filipino personality which has become
available. The Filipino personality is a popular area of study of many foreign scholars who
came to the Philippines. Using language interpreters and without really immersing
themselves in the culture of the people, these foreign ‘‘experts’’ have published their
versions of Filipino values. These depictions filtered into the textbooks of the Philippine
educational system, which was already greatly influenced by Western ideas to begin with.
These ‘‘Filipino values’’, together with other colonial interpretations offered by the
foreign scholars, have been transmitted from one generation to another, thus
perpetuating a distorted, if not false, picture of the Filipino.
Numerous publications have been written and many studies have been conducted with
the aim of identifying true Filipino personality. In 1989, Virgilio Enriquez proposed the theory.
Pagkataong Pilipino (Filipino Personhood), which describes the personality of the Filipino, with
its core values of kapwa, pakiramdam and kagandahang –loob.
CORE VALUES
Kapwa
This is considered as the core of Filipino personhood.
Most would think that kapwa refers to the other person, but it is actually means
‘ fellow human being”
The “I’ which refers to the person, extends to and includes the other or the other
individual
According to Enriquez Kapwa is the “unity of the one- of- us and- the other
individual”.
“Kapwa” the recognition of a shared identity or an inners self-shared with others
may also mean “togetherness”.
This is the core construct of SP, which is actually in conflict with the common
individualist (kanya- kanya) self-identity concept of the West.
Kapwa has two categories, ibang tao, (‘other people” and hindi ibang tao (no
other people”).
1. Ibang Tao (“outsider” or other people”) – there are five domains in this
construct.
Pakikitungo (transaction/civility with) - right demeanor towards
authorities (parent, elders, etc.)
Pakikisalamuha (interaction with) - a social value that is primarily
communitarian and espouses the ability to adapt.
Pakikilahok (joining/ participating) – this translates to the participation
of the entire community to help a person.
Pakikibagay (in conformity with/ accord with/conformity with the
demands of those who are in charge.
Pakikisama ( being along it/ in accord with)- conformity with the
demands of those who are in charge,
Pakikisama (being along with) empathizing with others.
2. Hindi Ibang Tao ( “one- of- us”, or “no other people”)- there are three
domains in this construct:
Pakiramdam
This is the second core construct of SP. This steering emotion triggers the
spontaneous voluntary actions that come with the sharing of the “self.”
It is the deep inner feelings that initiates all deeds.
Filipinos are good in sensing the feeling of other individuals, or to discern how
other people perceive us.
Filipinos use damdam or the inner perception of other’s emotion, as a tool to
Kagandahang- Loob
This is a Filipino value that nudges a person towards genuine act of generosity
and towards a nurturing that has its origin in having genuine feelings for others
(i.e., a sense of empathy)
Surface Values
The accommodative values include, hiya, utang na loob, pakikisama, and
pakikipagkapwa.
Hiya (propriety)
o Although it has been loosely translated as “shame’ by most Western
psychologists, “sense of propriety” is actually a more accurate way of
dealing this term.
o In the Western perspective, this refers to the ‘sense of shame” and often
has a negative connotation.
o In the study of Bonifacio, as cited by Pepua (2000), this not the only
interpretation of the word. The term changes depending on the affix
attached: nakakahiya (embarrassing), napahiya (placed in an awkward
position), ikinahiya (be embarrassed with someone), or positive form, e.g.
mahiyain (shy).
Meanwhile, the confrontative surface values include bahala na, lakas ng loob,
and pakikibaka.
Bahala na (determination)
o Foreign and even local studies would describe this as fatalistic expression
that a person feels whenever something does not turn out right or a feeling
of resignation over something that you cannot do something about
However, using the Filipino perspectives, bahala na can be interpreted in
a different way.
o Pepua (2000) cited the study of Lagmay on this Filipino attitude, stating
that bahala na, is not all about fatalism and resignation, but can also have
positive meaning of “determination” and risk –taking “.
o In the midst of problem and difficulties, such an attitude can give courage
to move on and do the task whatever it takes.
o Literally bahala na translates to “leave it up to God (Bathala)” and it is used
as an expression, almost universally, in Filipino culture- influenced
adaptive coping strategy when faced with challenging situations.
Societal Values
karangalan (dignity)
o Loosely translated to “dignity” this actually refers to what other people see
in a person and how they use that information to make a stand or judge
that person’s worth.
Katarungan (justice)
o Loosely translated to ‘justice” this refers to the principle of equity in giving
rewards to a person.
Kalayaan (freedom)
o This refers to both “freedom” and “mobility” and may clash with the less
important value of pakikisama or pakikibagay (conformity)
Agreeableness Domain
Pagka- Makakapwa
maalalahanin vs. Makasarili Concern for
( thoughtfulness) ----- (Concerned others
for others vs.
egotistical)
Pagkamagalang Pagkamagalang --- ---
In a way of life, our actions and ideas are guided by what we value most. In this
respect that we introduced several cultural intrinsic values, in which one way or
another, have influenced the interpersonal relationships of the Filipinos in
a generic sense.
Changes are indeed here and will always stay, yet internalizing the so called “old
school ideas” in this context of values is necessary for us to understand our
behaviors (which leads to our actions) as an individual and to heighten our
awareness of the people around us.
A Filipino acts and behaves in a certain way because he/she is in the Philippines.
This is our identity (Filipino procedure) and there is value in being a Filipino more
than one can ever imagine.
According to Sun Tzu, “know your enemy, know yourself, and you will never be
defeated in a hundred battles. We have to identify first who we are for us to have
a solid foundation of our personality.
There should be a mentor who can objectify the abstract of the Filipino conception
of worthy individuals .As cited by Manaut (1992, 2000), Jocano called this concept
pamantayan, which means “behaving in line or conformity with what is
acceptable. It is also used as a point of reference or criteria for recognizing,
expressing and evaluating social realities.
Asal
Is the expressive core value that takes the form of proper behavior (good manners
and right conduct).
As discussed by Jocano, asal is internalized in the process of growing up and
therefore, becomes intrinsic in Filipino personalities.
From the moment we develop our consciousness in our childhood, we are
socialized into thinking, behaving and believing the way we are taught.
Diwa
Provides Filipinos with “inner strength and a sharper sense of personhood”.
It helps Filipino s develop their awareness of being alive and being human.
With “diwa’ life vibrates with enthusiasm full of vigor, courage, determination,
perseverance and strength of character.
Diwa is the soul of the Filipino people.
ACTIVITY
Lapu- Lapu
Francisco Dagohoy
Gomez, Burgos, and Zamora
Jose P. Rizal
Andes Bonifacio
Apolinario Mabini
Isang Malaking Karangalan ang ipagtanggol ang ating inang bayan. Ang mag
tagumpay o ang amamatay.
Throughout our history-from the time of the Spaniards, Americans and the
Japanese-our ancestors sacrificed their lives in just to obtain the very freedom that we
are enjoying nowadays. We have to remember that force can only be used as a last resort
to attain an object. Some of our ‘heroes” as we call them, used force to achieve their
goals, but this did not really work in the end. In fact, even our national hero, Jose Rizal,
refuse to be rescued and opted instead to sacrifice his life because he knew that peaceful
means- not- force- was better for our country. Nevertheless, we have to learn from the
gallantry and bravery shown by some of our ancestors so that we can internalize the ‘love
of our country” that punished them to give their lives for our country. What we need to
learn is pure patriotism or an immense love for our country according to Graciano Lopez,
Jaena. This is the best quality of a good citizen or leader should possess. Let us take a look
at some of these best heroes.
LAPU LAPU
Is considered to be the ‘first police” who made the first successful defense of
Filipino freedom. His victory was the first recorded triumph of Filipino resistance against
colonial power. Nothing is known of the life of Lapu- Lapu except that he used to be the
chief of the island of Mactan. He is the first Filipino to defy the Spanish authorities,
defeating Magellan in the battle of Mactan on April; 27, 1521. When Magellan tried to
impose his will upon this great warrior chief and his people his valor proved no match to
FRANCISCO DAGOHOY
MI ULTIMO ADIOS
(By: Jose Rizal)
HULING PAALAM
(Translated by Andres Bonifacio)
Sa pakikidigma at pamimiyapis
ang alay ng iba’y ang buhay na kipkip,
walang agam-agam, maluwag sa dibdib,
matamis sa puso at di ikahahapis.
Dr. Jose Rizal is considered our national hero because of his significant
contributions to our country. It was the American Governor in the person of William
Howard Taft who suggested to name Rizal as the national hero. He also ordered that
Rizal’s statues be built in different parts of the country, along with the establishment of
Rizal Park in his honor. At that time, the Americans recognized Rizal as the national hero
not only because they wanted to win with sympathy of the Filipino people but also
because what Rizal did was similar was similar to what their “founding fathers” did.
America was once a colony under Great Britain, but they were able to obtain freedom
and sustain it because of their strong foundation of “nationalism”
He absorbed the teaching classic rationalism from the works of Jose Rizal, Victor Hugo’s
Les Miserables, Eugene Sue’s The Wandering Jew, book on the French Revolution, and the
lives of the Presidents of the United States. Bonifacio acquired an understanding of the
dynamics of the socio- historical processes at that time. This inspired him to join La liga
Filipina, which Rizal organized in 1892 for the purpose of uniting and intensifying
nationalist movement for reforms.
When the Liga was dissolved upon the arrest and banishment of Rizal, Bonifacio
formed the Katipunan in 1892, thereby providing the rallying point for the people’s
growing clamor for freedom, independence and equality. The katipunan patterned its
initiation rites after the Masonry, but its ideological principles were derived from the
French Revolution and can be considred radical in its materialistic- historical orientation.
The katipunan exalted work as as source of all values. It directed attention to the unjust
class structure of the colonial system, the increased exploitation of the indigenous
population and the need to affirm the collective strength of the working masses in order
to destroy the oppressive system.
2. Laging isasisip na ang tunay na pag –ibig sa Diyos ay ang pag- ibig sa bayan at
sa kapwa tao.
8. Bhaginan mo ng iyong yaman ang bawat dukkha at taong kulang palad sa loob
ng iyong makakaya.
10. May parusa sa bawat salarin at taksil, at gantimpla sa lahat ng mabuting gawa.
Pnaligang ang mga puntahin ng KKK ay kaloob ng Diyos at ang hangarin hinggil
sa iyong bayan ay hangarin din ng Diyos.
APOLINARIO MABINI
El VERDERADO DECALOGO
(The True Decalogue)
By Apolinario Mabini
First. Thou shalt love God and thy honor above all things: God as the fountain of all truth,
of all justice and of all activity; and thy honor, the only power which will oblige thee to be
faithful, just and industrious.
Second. Thou shalt worship God in the form which thy conscience may deem most
righteous and worthy: for in thy conscience, which condemns thy evil deeds and praises
thy good ones, speaks thy God.
Third. Thou shalt cultivate the special gifts which God has granted thee, working and
studying according to thy ability, never leaving the path of righteousness and justice, in
order to attain thy own perfection, by means whereof thou shalt contribute to the
progress of humanity; thus; thou shalt fulfill the mission to which God has appointed thee
in this life and by so doing, thou shalt be honored, and being honored, thou shalt glorify
thy God.
Fourth. Thou shalt love thy country after God and thy honor and more than thyself: for
she is the only Paradise which God has given thee in this life, the only patrimony of thy
race, the only inheritance of thy ancestors and the only hope of thy posterity; because of
her, thou hast life, love and interests, happiness, honor and God.
Sixth. Thou shalt strive for the independence of thy country: for only thou canst have any
real interest in her advancement and exaltation, because her independence constitutes
thy own liberty; her advancement, thy perfection; and her exaltation, thy own glory and
immortality.
Seventh. Thou shalt not recognize in thy country the authority of any person who has not
been elected by thee and thy countrymen; for authority emanates from God, and as God
speaks in the conscience of every man, the person designated and proclaimed by the
conscience of a whole people is the only one who can use true authority.
Eighth. Thou shalt strive for a Republic and never for a monarchy in thy country: for the
latter exalts one or several families and founds a dynasty; the former makes a people
noble and worthy through reason, great through liberty, and prosperous and brilliant
through labor.
Ninth. Thou shalt love thy neighbor as thyself: for God has imposed upon him, as well as
upon thee, the obligation to help thee and not to do unto thee what he would not have
thee do unto him; but if thy neighbor, failing in this sacred duty, attempt against thy life,
thy liberty and thy interests, then thou shalt destroy and annihilate him for the supreme
law of self-preservation prevails.
Tenth. Thou shalt consider thy countryman more than thy neighbor; thou shalt see him
thy friend, thy brother or at least thy comrade, with whom thou art bound by one fate,
by the same joys and sorrows and by common aspirations and interests.
Therefore, as long as national frontiers subsist, raised and maintained by the selfishness
of race and of family, with thy countryman alone shalt thou unite in a perfect solidarity of
purpose and interest, in order to have force, not only to resist the common enemy but
also to attain all the aims of human life.
Historically, manifestation and articles regarding the expression of our ancestor’s ideas
and separation have always been present. These articles and authors, though arguably
scant, are neither inferior nor frail in the intellectual enterprise. In one way or another,
their writings contributed to the awareness and rising consciousness of many if not all
Filipinos who later challenged the conventional ideas of submission, inferiority, weakness
and loyalty to false brotherhood by the foreigner’s own construction of truths during
their time (and maybe our time too.)
JAPANESE OCCUPATION
The Philippines occupies a strategic position in Southeast Asia, and for this reason
it has become the favorite target of foreign aggressors. Thus throughout its history, the
preservation of country’s independence through the exercise of positive nationalism and
the defense of our sovereignty against external threats has become very vital. During
World War II, as the threat of war inched closer to the Philippines, The United States
decided to call our army reserve into active duty through the United States Armed Forces
in the Far East. (USAFFE) under the command of General Douglas Mac Arthur. Most of
reserve units were still under training or being 0rganized when Japan suddenly attacked
Philippines on December 8, 1941.
The Resistance Movement was conceived before the Japanese Invaded the
Visayan Islands. Pressed by the problem of lack of arms and ammunition and profiting
from the experience of the USAFFE troops in in Visayas immediately saw the wisdom of
engaging the guerillas warfare. However, this plan was temporarily disrupted by the
desire of America to put up an organized resistance and by Gen. Warwright’s order of
surrender. Soon after, a good number of USAFFE officers and soldiers immediately formed
their respective guerilla outfit in all the big islands in the Visayas.
Most of the leaders in the Visayas were regular officers of the Philippine Army
and they recruited all able men in their areas to resist Japanese occupation. The guerrilla
force in the Visayas were comparatively better organized than those in other parts of the
Philippines they were favored by two crucial factors; the presence of a fewer number of
Japanese troops in the region and being the first group to be contacted by the American
troops. They took a good advantage of these favorable circumstances by continually
harassing the Japanese garrison in the island to the extent that high command in Manila
found it necessary to reinforce their troops in Visayas. Their fighting spirits were
indomitable and they ultimately defeated the highly trained Japanese Imperial army in
several encounters through their guerilla tactics.
Instruction: Based on the lessons and facts you learned from our heroes’ lives what you
think these heroes would do when faced with modern-day crisis? What would their
sentiments be with current problems that we face?
1. What would Antonio Luna say with the war on drugs that our government is
currently fighting?
2. What would Jose Rizal write about the issues on same-sex marriage or RH Bill?
ACTIVITY RUBRIC
Criteria Score
The response provides all aspects of a complete interpretation
and/or a correct solution. The response thoroughly addresses the
25 points relevant to the concept or task. It provides strong evidence
that information, reasoning, and conclusions have a definite
logical relationship. It is clearly focused and organized, showing
relevance to the concept, task, or solution process.
The response provides the essential elements of an interpretation
and/or a solution. It addresses the points relevant to the concept
15 or task. It provides ample evidence that information, reasoning,
and conclusions have a logical relationship. It is focused and
organized, showing relevance to the concept, task, or solution
process.
The response provides a partial interpretation and/or solution. It
somewhat addresses the points relevant to the concept or task. It
10 provides some evidence that information, reasoning, and
conclusions have a relationship. It is relevant to the concept
and/or task, but there are gaps in focus and organization
The response provides an unclear, inaccurate interpretation
and/or solution. It fails to address or omits significant aspects of
the concept or task. It provides unrelated or unclear evidence that
5 information, reasoning, and conclusions have a relationship. There
is little evidence of focus or organization relevant to the concept,
task, and/or solution process
The response does not meet the criteria required to earn one
0 point. The student may have written on a different topic or written
"I don't know."
Total Score
INTRODUCTION
The Philippine flag is the symbol of our country, the Philippine Republic. It is
hoisted in schools, government buildings and in other official establishments in honor of
our country. It is flown in other countries to stand for the independent Philippine nation.
Our flag represents the personality of the Philippine Republic as a free nation- one that
will deserve the respect of all the Filipino Citizens as well as the citizens of other countries
throughout the world.
The need to have a unifying Filipino flag was recognized by Gen. Emilio Aguinaldo
and his associates during their exile in Hong Kong.
In the impending fight for independence they realized that they needed a flag to
manifest their desire for national freedom and to serve as their battle standard.
The task of making the first Filipino flag was given to Marcela de Agoncillio, who
was residing with her husband in Hong Kong.
Designed by the Junta Patriotica, a council of exiled Filipino Leaders in Hong Kong.
Out flag first graced the Philippine skies when Philippine Independence was
declared. Since then the colored red, white and blue, the sun and the stars have
all served as important symbols representing the defense of our country and the
pursuit of national objectives,
The guidelines or the Flag Code are indicated under R.A 8491, which is also
known as the “Flag and Herald Code of the Philippines.”
The Flag shall be displayed in all public buildings, official residences, public
plazas, and institution of learning everyday throughout the year. (Sec.5).
The flag shall be permanently hoisted day and night in front of the
following;
Malacañang Palace;
The Congress of the Philippine Building;
Supreme Court Building;
The Rizal Monument in Luneta, Manila;
Aquinaldo Shrine in Kawit, Cavite;
Barasoain Shrine in Malilos, Bulacan;
The of the Tomb Unknown Soldier, Libingan ng mga Bayani
Mausuelo delos Beternaos Dela Revolution, and
All International Ports of Entry and all other places as may be designated
by the Institute (Sec.6).
The flag shall also be displayed in private buildings and residences or raised in the
open on flag staffs in front of the said buildings on the following dates
The flag may also be displayed throughout the year in private buildings or offices or
offices or raised in the open on flag staffs in front of the private buildings, provided
that they observe flag- raising ceremonies in accordance with the rules and
regulations issue by the Office of the President.
The flag shall be flown on merchant ships of Philippine registry of more than (1,000)
gross tons and all naval vessels (Sec.9)
On Board naval vessels, the flag shall be displayed on the flagstaff at the stern when
the ship is at anchor. The flag shall be hoisted to the gaff at the seminar when the ship
is at sea.
The flag, if flown from a flagpole, shall have its blue field on top in time of peace and
the red field on top in time of war; if in a hanging position, the blur field shall;; be to
the right (left of the observer), in time of peace, and the red field to the right ( left of
the observer) in time of war (Sec. 10).
The flagpole staff must be straight and slightly tapering at the top
If planted on the ground, the flagpole shall be at prominent place and shall be such
height as would give the flag a commanding position in relation to the buildings in the
vicinity ( Sec. 11).
If attached to a building, the flagpole shall be on top of its roof or anchored on a still
projecting at an upward angle.
If on stage or platform or government office, the flag shall be at the left (facing the
stage) or at the left of the office upon entering.
If the flag is not a national flag, it may be flown in the same line yard as the Philippine
flag, but below the latter and it cannot be of greater size than the Philippine flag.
When displayed with another flag, the Philippine flag shall be on the right of another
flag. If there is a line of another flags, the Philippine flag shall be in the middle of the
line (Sec. 15)
A flag that has become worn out through wear and tear shall not be thrown away. It
shall not be thrown away. It shall be solemnly burned to avoid misuse or desecration.
The flag shall be replaced immediately when it begins to show signs of wear and tear
(Sec.14).
The flag shall be raised at sunrise and lowered at sunset. It shall be at the mast at the
start of official’ office hours and should remain flying throughout the day (Sec.15).
c. From a staff projecting upward from a window sill, canopy, balcony, or a façade
of a building
e. Flat against the wall vertically with the sun and the stars on top; and
f. Hanging in a vertical position across a street, with the blue field pointing east, if
the road is heading south or north, or pointing north if the road is heading east or
west. (Sec.16)
The flag shall be raised when the weather is inclement. If already raised, the flag shall not
be lowered.
The flag shall be hoisted to the top briskly and lowered ceremoniously (Sec. 17).
The flag shall never be touch anything beneath it, such as the ground floor, water, or
other objects.
The office of the President, upon the recommendation of the Institute, shall issue rules
and regulations for the proper conduct of the flag ceremony (Sec. 19).
During the flag-raising ceremony, the
assembly shall stand in formation racing
the flag. At the moment the first note of
the anthem is heard, everyone in the
premises shall come to attention; moving
vehicles shall stop. All persons present
shall :.ace their right palms over their
chests, those with hats shall uncover,
while those in military, scouting, security
guard, and citizens military training
uniforms shall give :.-.£ salute prescribed
by their regulations, which salute shall be
completed upon the last note of the
anthem. (Sec. 21)
HALF- MAST
The flag shall be flown at half-mast as a sign of mourning on all buildings and places where it
is displayed, as provided for in this Act, on the day of official announcement of the death of
any of the following officials: (Section: 23)
a. The President or a former President, for ten (10) days;
The flag when flown at half-mast shall be first hoisted to the peak for a moment then lowered
to the half-mast position. The flag shall again be raised briskly to the peak before it is lowered
for the day.
The flag shall have the following proportions. The width of the flag, 1; the length of the
flag, 2; and the sides of the white triangle, 1. (Section 27)
In order to establish uniform criteria in the making of our national flag and to guarantee
its durability by the use of quality materials, the following standards and procedures shall
be observed: (Section 29)
a. All requisitions for the purchase of the Philippine National Flag must be based on
strict compliance with the design, color, craftsmanship and material requirements
of the Government.
b. All submitted samples of flags by accredited suppliers offered for purchase for
government use shall be evaluated as to design, color and craftsmanship
specifications by the Institute, through its Heraldry and Display Section, which
shall stamp its approval or disapproval on the canvass reinforcement of the flag
sample submitted. The samples shall be sent to the Institute by the requisitioning
office, not by the flag supplier; and
In carrying out its responsibilities under Section 4 hereof, the Institute, COA, the
ITDI/PTRI shall prepare guidelines to be approved by the
Office of the President. (Section 31).
All government agencies and instrumentalities shall ensure that the requirements
under this Act with respect to the standards, requisitions and delivery of the national flag
are strictly complied with. (Section 31).
PROHIBITED ACTS
a. To mutilate, deface, defile, trample, on or cast contempt any act or omission casting
dishonor or ridicule upon the flag over its surface;
f. To add any word, figure, mark, picture, design, drawings, advertisements, or imprint
of any nature on the flag;
h. To display in public any foreign flag, except in embassies and other diplomatic
establishments, and in offices of international organizations.
i.
j. To use, display or be part of any advertisement of infomercial; and j. To display the
flag in front of buildings or offices occupied by aliens.
For the National Anthem, Gen. Aguinaldo wanted a march tune something similar
to the Marcha Real Espanola, The Spanish National Hymn. With such specifications, Julian
Felipe composed the National Anthem entitled Hymno Nacional Filipino. However, it took
over a year before the hymn acquired lyrics. Sometime in August 1899, at the height of
the Filipino- American War, a youthful soldier poet named Jose Palma, wrote a poem in
Spanish to fit the music of the Himno Nacional Filipino. With the title Filipinas, the poem
was originally published on September 3, 1899 in La Independencia. Upon its publication
it was unanimously accepted as the lyrics for the hymn composed earlier by Julian Felipe.
During the American era, the National Anthem was translated English by Camillio
Osias and A.L Lane. However, in the early 1990, its official lyrics were interpreted by
Felipe De Leon from the original Spanish lyrics, and this is what we are using today.
Filipinas
(Jose Palma, 1899)
Tierra adorada
Hija del sol de Oriente
Su fuego ardiente en ti latiendo esta.
Patria de amores!
Del heroismo cuna,
Los invasores
No te hallaran jamas.
En tu azul cielo, en tus auras,
En tus montes y en tu mar
Esplende y late el poema
De tu amada libertad.
Tu pabellon, que en las lides
La victoria ilumino
No vera nunca apagados
Sus estrellas y su sol.
The National Anthem is officially entitled Lupnag Hinirang. The National Anthem
shall always be sung in the national language v/ithin or without the country. The following
shall be the lyrics of the National Anthem.
Bayang Magiliw
Perlas ng Silanganan
Alab ng puso
Sa Dibdib mo’y buhay.
Lupang Hinirang,
Duyan ka ng magiting,
Sa manlulupig
Di ka pasisiil
Sa dagat at bundok,
Sa simoy at sa langit mong bugbaw,
May dilag ang tula
At awit sa paglayang minamahal.
As a sign of respect, all persons shall stand at attention and face the Philippine
flag, if there is one displayed, and if there is none, they shall face the band or the
conductor. At the first note, all persons shall execute a salute by placing their right palms
over their left chests. Those in military, scouting, and citizen’s military training and
security guard uniforms shall give the salute prescribed by their regulations. The salute
shall be completed upon the last note of the anthem.
The anthem shall not be played and sung for mere recreation, amusement or
entertainment purposes except on the following occasions:
Under R.A 1265, the flag ceremony is compulsory in all educational institutions.
The recitation of Panatang Makabayan and Panunumpa ng Katapatan ng Pilipinas should
be done after the singing of the National Anthem, and singing of Ako ay Pilipino should
be in the last part, however, this is optional. This kind of activity is designed to instill in
mind of the children the essence of patriotism and love of country.
PANATANG MAKABAYAN
(New Version)
PANATANG MAKABAYAN
(Old Original Version)
AKO AY PILIPINO
( Kuh Ledesma)
Ako ay Pilipino
Ang dugo'y maharlika
Likas sa aking puso
Adhikaing kay ganda
Sa Pilipinas na aking bayan
Lantay na Perlas ng Silanganan
Wari'y natipon ang kayamanan ng MaykapalBigay sa 'king talino
Sa mabuti lang laan
Sa aki'y katutubo
Ang maging mapagmahal
Ako ay Pilipino,
Ako ay Pilipino
Isang bansa isang diwa
Ang minimithi ko
Sa Bayan ko't Bandila
Laan Buhay ko't Diwa
Ako ay Pilipino,
Pilipinong totoo
Ako ay Pilipino,
Ako ay Pilipino
Taas noo kahit kanino
Ang Pilipino ay ako!
As a nation we value the sacrifices of those people who sacrified their love ones
for our country to obtain freedom- these men and women are our “heroes”. Sacrificing
oneself for the sake of our country represents
ultimate dedication, devotion, and loyalty, it is also
the most valuable gift that can be given by a citizen
to his/her country. These heroes deserve to be
remembered throughout the generation.
May 28- June 12- National Flag Day. On May 23, 1994, President Fidel V. Ramos issued
Executive Order NO. 179, which expanded
National Flag Day into an extended period,
culminating the celebration of
Independence Day. During this period,
Filipinos are enjoined to display the
Philippine flag in all offices, agencies and
instruments of government s of
government, business establishments,
schools and private homes
Instructions: Make a Reflection Paper about this Article “The Bataan Death March, 1942”
at http://www.eyewitnesstohistory.com/index.html
CRITERIA BELOW APPROACHING MEETS ABOVE Score
EXPECTATIONS EXPECTATIONS EXPECTATIONS EXPECTATIONS 4
1 2 3
The reflection does The reflection The reflection The reflection
not address the attempts to explains the explains the student’s
student’s thinking demonstrate student’s thinking own thinking and
and/or learning. thinking about about his/her own learning processes, as
learning but is learning well as implications
REFLECTIVE vague and/or processes. for future learning.
THINKING unclear about the
personal learning
process.
The reflection does The reflection The reflection is The reflection is an in-
not move beyond a attempts to an analysis of the depth analysis of the
description of the analyze the learning learning experience,
ANALYSIS learning learning experience and the value of the
experience. experience but the the value of the derived learning to
value of the derived learning self or others, and the
learning to the to self or others. enhancement of the
student or others student’s
is vague and/or appreciation for the
unclear. discipline.
The reflection does The reflection The reflection The reflection
not articulate any attempts to articulates articulates multiple
connection to other articulate connections connections between
MAKING learning or connections between this this learning
CONNECTIONS experiences. between this learning experience and
learning experience and content from other
experience and content from courses, past
content from other courses, learning, life
other courses, past learning experiences and/or
past learning experiences, future goals.
experiences, or and/or future
personal goals, goals.
but the
connection is
vague and/or
unclear.
FORMAT Paper lacks many Paper follows Paper follows Paper follows all
elements of correct most guidelines; designated designated
formatting; Paper is guidelines; guidelines;
Paper is under/over word Paper is the Paper is the
inadequate/excessi length appropriate appropriate length as
ve in length length as described for the
Paper is not double described for the activity
spaced activity; Format enhances
Format is good readability of the
paper
GRAMMAR, Paper contains Paper contains Rules of grammar, Rules of grammar,
PUNCTUATION numerous few grammatical, usage, and usage, and
AND SPELLING grammatical, punctuation and punctuation are punctuation are
punctuation, and spelling errors followed with followed; spelling is
spelling errors. minor errors; correct
spelling is correct
TOTAL SCORE
INTRODUCTION
Nationalism and patriotism are sometimes interchanged since they both show
their love to their nation. According to Hans Kohn, Nationalism is an ideology based on
the premise that the individual’s loyalty and devotion to the nation-state surpass other
individual or group interests. Nationalism desires unity by their way of a cultural
background, including language and heritage. Patriotism shows love country and
willingness to sacrifice for it by their values and beliefs. According to George Orwell,
Nationalism is more on that one’s country is superior to another, while patriotism is
simply a feeling of admiration for a way of life.
Our national hero, Dr. Jose Rizal is both a Nationalist and a Patriot. Why? He is an
advocate for great reforms during Spanish era that shows his love for our country, the
Philippines. He is an author of a books that has shown his principles that up to day, people
are still learning from it. It shows love for our country because he desires unity for his
country without any violent actions or any revolution act towards people who are making
themselves as a superior to Filipinos but uses his knowledge and virtues by writing novels.
He emphasized the importance of the Tagalog language and that language will not be a
basis to know their status in life. But at the end of it, Dr. Rizal just want our country to be
one and to let us be proud of being Filipinos because we will be proud as Filipinos.
How can we demonstrate our allegiance to our country? First of all, one must keep
faith in the soundness of our system of government, in our constitution, in our laws, and
the duly elected officers of our country. Allegiance in our country does not mean simply
professing our love of our country and pride as a Filipino. What must be borne in mind as
a Filipino is that being a citizen of the Philippines is a privilege; it is recognition of our
rights to utilize the resources of our country and to be protected by our government.
According to Pres. Manuel L. Quezon, on the one hand “A Nation of trained man,
ready to defend their country has the lasting respect for itself and of the world” and that
on the other hand “a nation with of helpless citizen can expect nothing but slavery at home
and contempt abroad” Under the defense act that was implemented during the
Commonwealth Era, The Military service shall be obligatory for all citizens of the
Philippines, even women should receive such instruction and training as might be
necessary for performing auxiliary service.
Being “defender of the Constitution requires great sacrifice by giving up some personal
privileges such as, going beyond their place of comfort in order to serve the country .
Loyalty to the constitution and Filipino people, under one flag and the concomitant
willingness to give their life is their primary mission- one that requires great deal of
courage.
Loyalty
Is defined as faithfulness, consistency, devotion, allegiance and fidelity to one
superior or duty, cause or principle. It is the feeling or sentiment, often strong or
even, that enthusiastic that accompanies one’s sense of allegiance.
As a virtue it is intangible and exists as pervading spirit in relationship as that of
a people to a country, of man to people.
It is usually manifested when the relationship is put to test, such as when
extraneous force threatens that which is the object of loyalty.
Servility is different from loyalty. Servility is contemptuous, humiliating and
hateful. It could be used for abused and might break the chain of command.
Courting favors from a superior, which goes beyond the bounds of duty, is below
the standard of conduct expected of any decent citizen. The one who stoops to
these repressible acts, whether openly or covertly, debases him/ herself and
incites and scorn of his/ her fellowman.
A soldier must be loyal to the constitution and not to the interest of one person.”
Rule of Law, not Rule by men” this is the core concept of Democracy.
Obedience
In the military organization is very important. It is defined as submission to
authority and willingness to obey. Lack of obedience will not only prejudice the
interest of an individual but can also defeat the welfare and objectives of the
group to which they belong.
Every well -organized group has a set of rules and regulations that must be obeyed
by the members and these rules are written in the “Article of War”.
These rules or regulations restricts or limit action under certain circumstances,
they are not intended to harass or deny the freedom of action.
The rules are necessary so that the group can maintain order and, in turn achieve
its objective for the good of every member and the nation as a whole.
Courtesy
Is the expression and manifestation of consideration for others.
It is a virtue that is expected of all individuals from all walks of life. In the military,
courtesy is a great requirement because it is the basis of military discipline.
Moral courage, fear of failure, criticism and ridicule have often discouraged men from
doing what is right, just, and noble. Hence courage to do things right in the face of
possible failure and criticism is a triumph in itself.
The Police is the community and the community is the police” Thus the police should
be able to work closely with the community in order to gain their support
Serving people is ‘great honor and pleasure” for a service man/ woman, and it can
be manifested or appreciated by some people through the “respect given to them by
people or by the government through awards and recognition.
The first law promulgated by Pres. Manuel L. Quezon, which laid down the policy
of the Philippines.
At that time there was Preparatory Military Training (PMT) and this was later
changed to Reserve Officer Training Course (ROTC) - a compulsory course meant
to last for two years. Due to some controversy, the ROTC become an optional
course under the National Service Training Program (NSTP)
As of today, due to rising tension in the West Philippine Sea, there are steps to
bring back the original “concept” of ROTC, which is to prepare our country to
defend the country
Courtesy
Courtesy, as an investment is intended not only for others but also for one’s own
sake. Rudeness in manner will surely destroy an individual, while courtesy and politeness
will bring you along the way to the road of success. One act of courtesy is rendering a
salute to a higher authority.
Salute
A salute is the most important forms of military courtesy. It is executed by raising
the right hand smartly until the tip of the right forefinger touches the right the right
eyebrow or the front brim of the headgear when covered. Fingers must be extended and
joined, with the palm pacing the forearm inclined as an angle of about 45 degrees and the
right upper arm horizontal. A person who is doing a salute looks at the person to whom
the salute is offered. When the salute is returned, the former drops the right hand smartly
to the side.
a. The salute is required on and off military installations during and outside office
hours.
c. The salute is rendered at a distance of about 6 paces from the person saluted or
at a recognition distance which is about 30 paces.
a. While at work. in case the officers call for a soldier who is working, the
soldier stops working, approaches and salute the officer, and again when
they part from each other;
d. When riding in a fast –moving vehicle and the other is dismounted, the
salute is not rendered. Exceptions are when the vehicle is clearly marked
to indicate a general officer and when saluting a part of the ceremony.
Discipline
Discipline develops mutual respect and good will among members of an
organization. Without courtesy and respect among the members of an organization,
discipline disappears. As a result there will no peace and order in the organization and it
will disintegrate.
The Armed Forces required discipline among its ranks for several lessons:
1. The tasks of going into war is not the personal choice of many of us; we are doing
it because we, as individuals have to do it in the interest of our country. For this
reason we cannot allowed as individuals to decide which part is to be done.
2. The organization must be prepared for situations in which leaders may be lost.
Personal loyalty to his/her commander is not enough. If the leader is killed, the
subordinates must accept orders from the successors immediately and without
question especially in the midst of battle.
3. Finally, the tremendous size of the Armed Forces demand that there will be
uniform way of doing things.
Military Discipline
Is the mental attitude and states of training that renders obedience and proper
conduct instinctive under all condition. It is founded upon respect for and loyalty to
properly constituted authority.
Discipline is maintained in much the same manner as it is attained. The Article of War
punishes military individuals committing breach of discipline. Common sense, good
judgment, fairness and justice, high morale, pride, and responsibility all contribute
significantly to developing and maintaining a discipline.
Obedience
The person who can be a good leader must pay the disciplining cost involved.
Leaders need to submit themselves to stricter discipline than what is expected of
others.
A great number of persons who have been acknowledged as good leaders are people
who have learned the act of obedience.
The person who has not learned to render prompt and willing service with others will
find it difficult to win and keep control of his/ her followers.
The job of a great leader to get the team to do the work needed to achieve its goals.
Having delegated the tasks the leader must ten trust the member. Such an action
implies the courage and readiness to back a subordinate to the end.
Punctuality
Inability to observe punctuality in keeping appointments is in itself an act of
discourtesy to others who are punctual.
Lack of promptness in doing one’s work slows down not only individual progress but
also the operation of the bigger group to which the individuals belongs.
Good Filipino citizens need only to remember that they must always consider as this
can greatly affect the general welfare of others.
For the students:
o If they want the most of their schooling, they have classes to attend and study
hours to follow. If they are not punctual in attending classes, they would miss
some lessons that may be important. By coming late they might disturb the
instruction by distracting the attention of both the instructor and the rest of
the class.
o The punishment intended to correct the bad habit and to develop the trait of
punctuality.
Under Article V of RA 7077, also known as the Citizen Armed Forces of the
Philippines Reservist Act, provides a guidelines in carrying out the activities of the
Citizen’s Armed Forces. Mainly, the Citizen Armed Forces shall organized, trained,
develop, and maintained so as to ensure their readiness to immediately respond the call
of service.
Categorization of Citizen Soldiers There shall be there (3) categories of citizen soldiers or
AFP reservists: the First Category Reserve, the Second Category Reserve, and the Third
Category Reserve based on age.
3. Third Category Reserve –The Third Category Reserve shall be composed of able
bodied reservist who are above fifty-one years (51) of age.
1. Ready Reserve –The ready Reserve shall be composed of citizen soldiers belonging
mostly to the first category reserve and others as provided in this Act who shall be
organized, trained and maintained as mobilezable ready reserve subject to call at any
time to augment the regular armed force of the AFP not only in times of war or
national emergency but also to meet local emergencies arising from calamities,
disasters and threats to peace, order, security and stability in any locality, including
the need to provide assistance in relief and rescue work and other civil assistance
activities.
Any reservist or citizen soldier belonging to the Second Category Reserve and/or
the Third Category Reserve, particularly the commissioned and noncommissioned
officers, who will volunteer to serve with the Ready Reserve shall be allowed, if qualified
and fit for duty, to join and actively participate as part of the Ready Reserve and shall
serve with an appropriate Ready Reserve unit.
All citizens’ soldiers belonging to the First Category Reserve, except those
exempted under this Act, shall be required to serve with the Ready Reserve units and will
have assignments and promotions in accordance with existing policies of the AFP until
transferred to the Standby Reserve by virtue of their age.
The following citizen soldiers may be exempted from rendering service with said
reserve units:
a. Those who are residing abroad but only during the duration of their absence from
the Philippines;
b. Those who are residing abroad but only during the duration of their absence from
the Philippines;
c. Those who are physically and mentally unfit to serve their tour of duty;
e. Those who may be exempted from duty for valid reasons which may be authorized
on a case-to-case basis by appropriate and competent authority. For this purpose,
the AFP shall such appropriate guidelines, rules and regulations as may be
necessary.
3. Retired Reserve –The Retired Reserve shall be composed of citizen soldiers who have
qualified for retirement through length of service, old age or disability. For this
purpose, sixty-five (65) years shall be considered as the retirement age. However, if
qualified and fit for duty, a member of the Retired Reserve may be ordered to active
duty in times of local or national emergencies if he volunteers for active duty and
when the Secretary of National Defense determines that there are not enough
qualified citizen soldiers with his special skills and qualifications in the Ready Reserve
or Standby Reserve in his particular area of residence.
In defending the country, one does not need to be brilliant, a master, a technician,
or a skilled “warrior all you need to have is the ‘heart” of a true Filipino who is willing
to defend the country until the last drop of his blood.
ACTIVITY
● Instructions: Create a video clip presentation showing your nationalism and patriotism
(your love to your own country).
INTRODUCTION
To be an effective nationalist, one should globally oriented “Think global, act local”
is the right way to go. But some take globalization too far in an attempt to look global,
often at the expense of the nation.
Globalization may seem to threaten the vague and weak concept of Filipino
nationalism. However one is consoled by the fact that history shows that nationalism
emerges at some point in the lives of the people, sometimes unexpectedly. It springs
from the need of belongingness and also for the sake of sharing resources for survival. No
matter how globalization digs into the lives of Filipinos and envelops the whoe world,
there is hope that nationalism will find a way to emerge in each individual at every
possible way anytime.
Teaching the ROTC to the youth is important because it aims to develop their
physical, moral, spiritual, intellectual, and social well-being. It aims to inculcate in the
youth the values of patriotism and nationalism and initiate their involvement in public
and civic affairs. However its abolition by virtue of RA 9163 9which made it an optional
course) it’s in effectiveness in terms of implementation.
While it is true that stricter discipline should be applied in the military, in dealing
with the youth there should a balance.
What to do?
Character formation should be done through instruction and demonstration in a
logical manner.
Punishment is somehow appropriate, but it should only be for those who violated
the protocol and should be properly explained to the person.
The lack of “internalization” of its purpose is the primary reason why most of the
youth nowadays cannot understand its significance.
It is our duty to instill the values of “patriotism and nationalism” in every Filipino,
especially the youth and the better way to do it is to understand their origin and
significance. There are several people who are willing to it, but the main problem is they
don’t know where to start. Remember La Tzu said “The journey of thousand miles begins
with one step” and that step could come from “YOU”. That first step is very significant for
our nation’s survival and for the future of the Filipino people.
The ‘Filipino first policy’ was introduced by former Pres. Carlos P. Garcia so that
Filipino-owned business would be prioritized over their foreign counterparts. This policy
also encouraged Filipino consumers to patronize Philippine- made product. Many
Filipinos are attracted to foreign products. The fact that we seem to be losing our identity
has prompted some nationalist groups to campaign for the eradication of foreign
influences and shift focus to what we have and who we are.
Former Sen. Claro M. Recto who advocated some nationalists laws, including the
inclusion of the “Life of Rizal” in the college curricula. However, given the definitions
provided earlier, do utilizing and patronizing foreign products and foreign alliances with
foreign countries constitute violations of patriotism and nationalism?
In fact, even the United Nations has no power to implement its decision if a
certain nation does not recognize it, as in War as in the case of Philippine versus China
over the West Philippine Sea. War is an inevitable part of the history of humanity and
over the time, people learned from it and have become tired of it. Some mechanisms
were thus created to resolve conflict not by simply resorting to War but by using
diplomacy. Different international organizations such as the United Nations, were created
so that there can be an avenue for international conflict resolution and alliances.
As for the case of Japan and Korea despite of the presence of US influence in their
country they were able to maintain their independence and they have the knack for
exploring new trends in business and technology while retaining their cultural identity.
Japan and Korea are still using their language and have they globalization to introduce to
the world who they are and how rich their culture through popular phenomena’s, with
such as “manga” and K-Pop” respectively.
Language is one of the key factors in the unification of a nation. Some countries
that that have utilized language as an instrument for unification are the following;
Japan utilizes a unified Japanese language throughout the country, and same
is true in South Korea.
The United Kingdom uses English along with Australia and Canada (although
Quebec Province uses French)
Ironically, the United States, despite being a predominantly English- speaking
country, has many citizens who can barely speak the language. This is because
many of them are migrants who are non- native English speakers. Their second
most commonly used language is Spanish.
In the Philippines there are several languages used in different ethnic groups
throughout the country. Former President Quezon already saw the problem.
In 1936 Commonwealth Act No. 184 was passed created the National Committee
and empowered its members to decide on to which one of the existing dialects
will be selected as the official national language.
Later, this was strengthened through the creation of the Commission on National
Language by virtue of RA 7104.
After thorough and earnest effort in studying the case, the Committee
recommended Tagalog to be the basis of our national language.
In 1959, Tagalog was renamed into Pilipino to placate the non- Tagalog speakers.
Some would say that Tagalog became our national language because of the so-
called “imperial Manila” mentality.
People from Visayas, especially the Cebuano’s cannot accept it because their
language is most commonly used by the majority of Filipino.
It could be that we are obsessed with English language and can’t settle on our
own, such as even intelligence is measured by this language.
If you are a Bisaya, then you would speak in Tagalog with a different accent and
Tagalog speakers may discriminate against you. However if you speak Tagalog in
Cebu, especially in public places, they will get mad at you and would rather speak
you in English.
In retrospect, the vision of former Pres. Quezon has been partially achieved because;
Whenever we are in the Philippines, we can talk to our fellow Filipinos with the
use of national language.
We can continue with our preference for the English language as our official
language because it is our advantage over other countries in the first place.
We can still utilize our auxiliary language or regional dialect to preserve our
culture within the region.
However we must set aside our culture bias that one group is better than another
group because, after all, we are all “Filipinos” who share the same vision under one flag.
This is our identity whenever we are in the world.
1. Christianity
Represents majority of the Filipinos and have always been subjected to
attacks, especially the Catholic Church. In history, Catholicism was introduced
to us by the Spaniards through force. Ironically, most of heroes who fought for
our freedom were devout Catholics, even Jose Rizal, kept his faith until his
death.
3. Lumads
Lumads or Indigenous People (IP) are exploited by some progressive groups,
indoctrinating them with ideas of corruption and rich; the rich people are out
there to grab their lands and the government is not doing anything to prevent
it.
“Ang mga Pilipino inuuna lagi ang pamilya. Kya nating magbuwis g buhay para sa
pamilya pwera sa katwirang makabayan”
In the words of Heneral Luna, Filipinos have opted to choose family over the
country. Is this the issue that has hindered our nation’s growth and development, and
progress? Does this explain why corruption is rampant? Is this the cause why we have
insufficient number of citizens who are considered “makabayan” in the public and
private sectors?
Ethnicity
In “What makes Filipinos Filipino? Participatory Social Transformation through
Cultural Reorientation”: A presentation, De Leon writes something about ethnicity (and
if we can do away with it:
Rob a people of their identity and they become passive, lost and indolent,
uncreative and productive, prone to depression and substance abuse, and plagued
by pervasive feeling of malaise and powerlessness… to suppress and weaken this
identity and successfully impose an alien culture on the people is to reduce them
into passive , docile mass subservient to the power wielders of alien culture (losing)
originality, native intelligence and skills, a treasure trove of knowledge,
accumulated wisdom and creativity.
This is historically supported and best discussed by Prof. Samuel K Tan. In “Unity
in diversity and Diversity in Unity”” thus affirming the Filipino experience and process of
diversity as its common denominator.
Filipino nationhood must be understood in the context of the Filipino “matrix”
and this requires a better understanding of the concept of “nationalism and
“patriotism”.
If we analyze our history, the real source of conflict is’ greed a few individuals
have exploited religion and ethnicity to sow conflict and thus serve their personal
interests. The problem with us is that we merely accept ideas offered to us and do not
question them, especially if they come from respected person or a good preacher.
Harming others for the sake of religion has never been taught in any religion. Thus we
must not entertain any idea that can lead to disintegration. We are one nation under one
flag and we share a common vision. Together let us destroy the barriers that prevent
unification so that the Filipino will earn respect of the whole world. This could only be
possible if we instill in the minds of all Filipinos- especially the youth- the concept of
“patriotism” and “nationalism”, not just in words but also demonstrated through actions.
ACTIVITY
Instruction: Discuss or explain this topic. “Does globalization diminish the importance of
nationalism?
Main Reference:
Rondina, Talib and Cardinal (2020) Character Formation, Nationalism and Patriotism:
Chapterhouse Publishing Incorporated; Novaliches, Quezon City
Learning Module
in
Forensic Photography
Compilled by:
2020 Edition
Republic of the Philippines
OCCIDENTAL MINDORO STATE COLLEGE
Labangan, San Jose, Occidental Mindoro
Website: www.omsc.edu.ph email address: omsc_9747@yahoo.com
Tele/Fax: (043) 457-0231
APPROVAL SHEET
This Instructional Material entitled Forensic Photography authored by ANTONINO P.
PERALTA JR (A.Y. 2019-2020), is recommended for the production and utilization by the
students and faculty members of the Occidental Mindoro State College.
Republic of the Philippines
OCCIDENTAL MINDORO STATE COLLEGE
Labangan, San Jose, Occidental Mindoro
Website: www.omsc.edu.ph email address: omsc_9747@yahoo.com
Tele/Fax: (043) 457-0231
ACKNOWLEDGMENTS
The writer sincerely and deeply appreciate the following for the realization of this
academic endeavor.
The publishers, websites and authors (of all the references used and quoted)
Instructional Handbook on Police photography with laboratory Manual by SALLY
S. Kalalang and AVELINO P. Kalalang, JONARD C. Duno, Handbook in
Forensic Photography , EUGENIO P. Cruz III Basic Photography in Law
Enforcement, P/BRIG GEN. FEDIL P.LAJOM Handbook in Criminalistics and
CBRC BOARD Reviewer 2018 Edition.
All those who in one way or the other inspired, helped and supported this
work in various ways; and most of all,
A.P.P.
Republic of the Philippines
OCCIDENTAL MINDORO STATE COLLEGE
Labangan, San Jose, Occidental Mindoro
Website: www.omsc.edu.ph email address: omsc_9747@yahoo.com
Tele/Fax: (043) 457-0231
TABLE OF CONTENTS
Lesson 1. Introduction
Introduction………………………………………………… 1
Definition of term………………………………………… 7
Principle of Photography………………………………………….. 9
Nature of work…………………………………………….................. 14
Definition of tern……………………………………………………….. 15
Principle of light………………………………………………………… 15
a, Source of light………………………………………………….. 16
b. Light is a radiation…………………………………………….. 16
Measurement of Light…………………………………………………. 17
Basic Principle…………………………………………….................... 19
Task Activity…………………………………………………………… 20
Opaque Object………………………………………………… 20
Translucent Object…………………………………………… 21
Task Activity………………………………………………… 28
Definition of term…………………………………… 29
Evolution of Cameras……………………………….. 29
Types of Cameras……………………………………. 30
Digital Camera……………………………………………… 36
Task Activity………………………………………………………………… 38
Laboratory Exercise #14 The basic part and function of a 35mm Camera
LESSON 1
TOPICS
1. Introduction
LEARNING OUTCOMES
The discovery was made when someone happened to go into room darkened by
shutters there happened to be small and the ray of light stricking a tree passing through the
pinhole on the wall of the room opposite shuttered window bringing the form of the tree
and reflected it on the other side of the wall inside the darkroom. This is the principle of
the” pinhole” camera as used today.
Picture can be made in camera in which there is “Pinhole” at one end instead of a
lens. The pinhole is carefully made, perfectly smooth and circular hole , from 1/50th to
1/100th of and inch i9n diameter. The diameter of the hole is determined by comparing
the size of the opening with needles of standard sizes.
Alfred Watkins and E.J Wall had published tables of needles size and aperture s, a
number 1 needles being 1/22 of an inch and 16 needles being 1/95th of the inch in diameter.
This can be determined by placing a number of similar needles in a row, each needle
touching the next one on it, and then counting the number of needles to an inch. The image
formed by a pinhole is not critically sharp; it gives a pleasing softness of definition and this
method.
Illustration 1:
Illustration 2:
Of making picture was much favored by artist seeking just such quality in their pictures.
At the present time, however, there are lenses on the market that are specially designed to
give soft definition very much like that by a” pinhole’ and these have largely supersede the
“pinhole”
The” pinhole” has definite plane focus like a lens, and the definition of and image
is about the same whether the plane surface on which the image falls is close to or farther
away from the” pinhole”. Of course, the angle of view is included than when the plane of
focus is nearer the” pinhole”.
Republic of the Philippines
OCCIDENTAL MINDORO STATE COLLEGE
Labangan, San Jose, Occidental Mindoro
Website: www.omsc.edu.ph email address: omsc_9747@yahoo.com
Tele/Fax: (043) 457-0231
The exposure of the” pinhole” would be approximately one hundred times the
exposure needed when using a lens, the pinhole would need and exposure of about 4
seconds.
Illustration 3:
CAMERA OBSCURA
The next step in the history of photography was the desire to find the means
of “fixing” a picture permanently on paper or on some other support, and this
brought about the investigation of the action of light on the various chemical.
FABRIGUS( As far back as 1556) while he was in search of gold in the mines
of Germany, discovered that “ horn silver” ore a kind of semi transparentcompound
of silver and chlorine was sensitive to light. Adding common salt (Sodium Chloride)
to the substance could be formed to a solution of silver nitrate. The silver compound
was made of white but turns black on exposure to the sun.
forerunners of our modern film. It was made of a copper plate coated with silver and
exposed to iodine vapor before it was exposed to light. To create the image on the
plate, it must be exposed to light for about 15 minutes. The used of had gained
popularity until it was replaced in the late 1850s by emulsion plates.
Daguirretype was usually a portrait. Daguirree was first exposed selver- coated
copper to iodine. Obtaining silver iodine. Then he exposed them to light at 75 degrees
celcius and finally fixing the image in salt producing a mirror- like reproduction of
the scene. The daguirretype was the paraloid of today.
In 1841 the used of daguirretype an early form of photograph of known criminal
for the purposed of identification became well known as a means of identifying
criminals.
In 1879 photograph of an injured person in an auto acciden was admissible in
evidence. The photograph was a tintype a photograph made on thin iron plate known
as colladion process.
Topic #2.
Brief Background of forensic Photography
Forensic photography is a part of the process of evidence collection which provides the
investigator with photos of bodies, places or items involved in the crime which sometimes
is referred to as a Accurate reproduction of Crime Scene Photography. It is and art of
producing of accurate reproduction of crime scene for the benefit of a court. It involve
choosing correct lighting, accurate angling of lenses, and photographing different
viewpoint often with the used of scales during the taking of photograph so that dimensions
of items are recorded on the image.
The earliest photograph of criminal and suspect were crude rough, French
photographer “Alfonse Bertillon” introduce the proper lighting, scale and angles to
guarantee reliability of identification. He suggested anthropological studies of profiles and
full-face shot (Mug-Shot) to identify criminal.
Bertillon, influence by Darwinian theory assumed that criminal physically are
distiguishable from non- criminal through stereotype looks (Skin, Color, hair, Color, body
type and more) It also include taking pictures of the victim’s Scars, wound, birthmarks,
etc for the purpose of identification or conviction.
Republic of the Philippines
OCCIDENTAL MINDORO STATE COLLEGE
Labangan, San Jose, Occidental Mindoro
Website: www.omsc.edu.ph email address: omsc_9747@yahoo.com
Tele/Fax: (043) 457-0231
Topic# 3.
Forensic Photography Applied to Suspect and Criminal
Photographic documentation of prison inmates dates back to 1843-44 in Belgium and 1851
in Denmark which were taken by amateurs, commercial photographers, and even the
policemen or prison officials. Photographs ranged from Mug-shots, to prisoners in their
cells.
By the 1870’S, The practice of taking photograph of prisoners spread to many
countries and professional photographers were employed to take portrait of criminals. This
was the beginning that leads to standard Mug-shot known today. Together with this
development, the art of lighting or angle was employed thus, people saw portraiture being
used for something other than art. Photographing criminals became widespread until the
latter part of the 19th century.
As the number of criminal zoomed high, so did the number of photographs and
organizing and sorting these photograph of criminal and suspect were classified according
to type of offenses called the Roques Gallary which was found first in Berningham,
England 1850’s.
Task Activity:
Laboratory Exercise # 1.- Light Projection
Laboratory Exercise # 2.- The Pinhole
Laboratory Exercise # 3. The Camera Obscura
LESSON 2
General concepts and Theories of Police Photography
Republic of the Philippines
OCCIDENTAL MINDORO STATE COLLEGE
Labangan, San Jose, Occidental Mindoro
Website: www.omsc.edu.ph email address: omsc_9747@yahoo.com
Tele/Fax: (043) 457-0231
Topic# 1. Definition
# 2. Theories and Concept
# 3. Basic importance of crime Photography
# 4. Importance of Forensic Photography
# 5. Used Of Photography
# 6. Principle of Photography
# 7. Other photography Related to Police Photography
Learning Outcome:
At the end of the chapter the students should be able to:
Police Photographer- Is one who is task to take photographs of crime scene, suspects
witnesses or any physical evidence found at the crime scene, bring them to the laboratory
for processing recording and filling.
Topic # 2.
Theories and Concepts
Investigative and evidence photography has gone through three basic
evolutions, The first one daguerreotype photography, The second evolution was film
Republic of the Philippines
OCCIDENTAL MINDORO STATE COLLEGE
Labangan, San Jose, Occidental Mindoro
Website: www.omsc.edu.ph email address: omsc_9747@yahoo.com
Tele/Fax: (043) 457-0231
Photography. The third evolution which we are in today. Photography is all about
capturing light on a photographic emulsion or electronic sensor.
The word” Photography was derive from the greek word” Photos”
(Which means Light and graphos) (To write, to draw, or sketch). The common used of
photography in the early days were portraitures until later on it was used in taking
photographs of suspects and inmates, accident scene and other crime cases,
Photography later on become accepted and admissible in court as exhibit in furthering
and issue in court. Therefore, its primary used use in recording of events and people.
The recorded events and people in the form of photograph when used as exhibit in court
is termed as Forensic Photography.
Topic # 3
1. Refresh memory
2. Preserve time
3. Save money
1. Small object found at the crime scene but of great importance may escaped the first phase
of examination by the investigator but if the crime scene was photographed, these small object
be discovered through the aid of photograph.
2. A good photograph of the crime scene is a permanent record which is always available
specially when needed in court proceeding.
3. Photograph of the scene is and aid of the investigator in describing in court some of the
details of the crime they have investigated several month ago.
4. Assist the investigator in using photographic equipment and photographic techniques in their
effort to solve the crime.
USES OF PHOTOGRAPHY
1. IDENTIFICATION- A photograph is used to identify the suspect, victim, or place, crime was
committed, weapons used in the crime.
4. Substitution- Evidence which cannot be brought to court for exhibit by reason of size, weight,
height, and permanency of the location will be substitution by photograph.
5. Deciding Factor- A good photograph can be deciding factors in convection or acquittal of the
suspect when no other form of real evidence is available
PRINCIPLE OF PHOTOGRAPHY
The effect of light on the sensitize material is not visible of any formation of image or
object. This condition or image or object is known as latent image. The effect could be made
visible when this exposed sensitized material undergoes a chemical process known as
development.
The practice of photography defends upon the sensitiveness of silver compound to light.
When silver bromide dispersed in a medium such as gelatin is exposed to light, it undergoes a
change as a result of which it becomes developable.
When after the exposure, it is treated with a solution having reducing properties, termed
as developer, the exposed bromide is reduce to metallic silver, and form of and image
corresponding to the in to the intensity of light to which it was exposed. After development, the
unexposed silver bromide is removed by the solvent which does not attack silver but dissolves
the bromide, and the picture is thin permanent , and is said to be fixed. The picture thus obtain
is the negative in which the light part of the object are the blackest picture and the dark part
parts appears the brightest (Inverse tonal value). Its placed in contact with another piece of
sensitive (Printing/Enlargement), and turn a Positive Image after development.
1. Light or electronic radiation, the source of it may either be natural or artificial light
2. Camera- a light – tight box which may be of deferent type, size and use
3. Sensitized- material- materials which are sensitive to light such as film and photograph paper.
1. Light
2. Camera
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3. Lens
4. Film
5. Photographic paper
6. Chemistry
7. Composition
Photography- is the art process of photographing objects directly enlarged on the negative and
magnified from 1 to 9x. Photo macrography is very useful in photographing questioned
documents, bullets for comparison, fingerprints).
Ultra- violet ray photography- is theor process of photographing unseen objects by the use of
ultra- violet light- filters. This type of photography is important in distinguishing colors or
erasures in document.
Lesson 3
# 2. Nature of Work
Learning Outcome: At the end of the chapter, students should have internalized and
appreciated the knowledge traits, qualification and technical skills of a forensic photographer
and set these standards as model of their own goals.
closely with medical illustrations, police and doctors to prepare presentations for court trials,
lectures or textbooks.
With the advent of digital cameras in the market today, many have the opportunity to take
hold of it and take photographs as easy and conveniently as they please, but very few can be
qualified as evidence photographer. To quality as a forensic photographer one must possess the
following traits:
1. Technical skills
2. Knowledge in photography
3. Experience
4. Attention to details
To obtain such qualifications, one must begin in acquiring knowledge and technical skills
in the following areas of photography:
2. Cameras
3. Exposures
4. Films
5. Darkroom utilization
6. Chemical preparations
8. Negatives
9. Enlargement / printing
NATURE OF WORK
The crime photographer works 24hours at the photo office, for call or whenever photographic
assistance is needed. He should be well – equipped with the necessary equipment and materials,
such as camera with wide-angle lens, normal lens, tripod, flash unit, measuring tool, data board,
pencil film. Also, he must always ensure the serviceability of the equipment before responding
to calls, he is responsible in looking after his safety and security, as well as his equipment,
during and after responses.
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The crime photographer classify what crime was committed / reported to enable him to
determine what photographic equipment and materials to bring to the crime scene.
Right after the operation, the crime photographer should immediately process the exposed film
and print the negative for filing and presentation in court.
The disposition and safekeeping of photographic evidence is the sole responsibility of the crime
photographer. He must place the negatives in the plastic holder and put the same inside a white
mailing envelop with proper identification of the case before filing. The negatives and the
photographs should be kept in the safety steel cabinet when filing and should only be retrieved
upon order of the court, or approved written of the investigating units.
He takes photographs of death scenes, civil disorders, autopsies, external examinations and
disasters, inventories, stores and maintains photographic supplies and equipment makes minor
repairs to photographic equipment, etc.
Physical evidences are examined usually in a crime laboratory, but before these evidences
reach crime laboratory, all steps must be done with regard to its preservation because evidences
are not presented in court outright, so preservation of its evidentiary value is very important. In
presenting these evidences in court, the integrity of the evidentiary value must be maintained so
that by the time it is presented in court its condition is still the same as it was first collected at
the crime scene. The procedure in evidence collection requires the skillful and intelligent
disposition of the police investigator so that it will not become in conflict with the photographs
taken by the photographer.
Of course, aside from the personal qualities and capabilities of the forensic photographer,
he needs a crime laboratory in which he could process the photographs taken.
LESSON 4
a. Source of Light
b. Light is a Radiation
# 4. Measurement of Light
# 5. Basic Principle
OBJECTIVES: At the end of the chapter the students are expected to have:
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1. Gained knowledge and better understanding on the concepts and basic principles of light, its
sources, and primary properties
4. Attained the ability to distinguish objects/mediums which affect speed of light and its relation
to photography
5. Developed critical thinking on how light rays change direction and its application to police
photography
6. Developed awareness on how light rays behave when passing through a lens and its
significance in taking photographs
8. Recognized the significance of lenses and its relation to light rays when taking photographs
of crime scene
DEFINITION OF TERMS
Light is a form of electromagnetic impulse of the same family as radio, hertzian waves, heat,
infrared, ultra- violet, x-rays.
PRINCIPLE OF LIGHT
Intensity, or brightness;
Sources of Light. Light comes from many sources. Lights for photography can be obtained
either from natural light or artificial light.
A. Natural light
- Sun
- Flames
-White-hot metals
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- Stars ( emit radiations within the visible spectrum and are called luminous objects. All other
objea KLO ,ts called non-luminous objects are visible because they reflect light from luminous
objects)
B. Artificial light – any light which is produced through human agency such as all forms of
electric light, magnesium light, etc.
- Candle light
- Fluorescent light
- Incandescent lamp
- Neon lights
-Laser lights
- Mercury
Light can exhibit properties of both waves and particles. This property is referred to as wave –
Particle duality. They study of light, known as optics, is an important research area in modern
physics.
Light is a Radiation. Radiation is the transmission of heat or light especially from one body to
another body. When an atom in a light source is changed physically. it emits a PHOTON (
Electromagnetic radiation) which behaves like a wave , and at the same time, like a particle.
Light is a particular type of electromagnetic radiation that can be seen and sensed by the human
eye, but this energy exists at a wide range of wavelengths. the micron is the basic unit for
measuring the wavelength of electromagnetic waves. The spectrum of waves is divided into
sections based on wavelength of 10-6 microns or less. The shortest waves are gamma rays.
Which have wavelengths of many kilo meters. The range of visible consists of the narrow portion
of the spectrum From 0.4 microns ( blue) to 0.7 microns (red) . www.geo
.mtu.edu/rs/back/spectrum.
The wavelength is the distance from wave crest to wave crest (see illustration
below).www.geo.mtu.edu/rs/back/spectrum
Illustration 4:
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Electromagnetic radiation, in terms of classical the flow of the energy at the universal speed
of light through free space of through a material/ meduim in the form of the electric and
magnetic fields that make up electromagnetic waves such as radio waves,visible light, and
gamma rays .In such a wave , time – varying electric and magnetic fields are mutually linked
with each other at right angeles …www.britannica.com/eb/article-9106022/electromagnetic –
radiation
0-30-x-ray
30 – 400 – Ultra-violet
Visible light waves re the only electromagnetic waves we can see. We see these waves as the
colors of the rainbow. Each color has a different wavelenght . Red has longest wavelenght and
violet has the shortest wavelength. When all the waves are seen together, they are seen as white
light.
When white light shines through a prism, the white light is broken apart into the colors of the
visible light spectrum . Water vapor in the atmosphere can also break apart wavelenghts creating
a rainbow.
Illustration 5:
Illustration 6:
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Illustration 6:
Basic Principles:
- Light is radiant energy. Other forms of radiant energy are, and each one differs in
wavelengths; Heat rays, X- rays, Radio waves
- Radiant energy can be identified by its wavelength and listed on a number line called
the electromagnetic spectrum.
- Light travels through a vacuum and through the air at speed of 186,000 miles per
second, but can be slowed by dense mediums such as glass or water.
- The portion of the electromagnetic spectrum that affects the sense of sight in human
is called the visible spectrum and is limited to radiation of extremely short
wavelength.
- Radiations of light are seen as colors, the longest of which is seen as “ red”, the
shortest seen “ violet”
- Radiations of light lying adjacent to violet but, outside the visible spectrum is
“infrared ray”
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- Radiations of light lying adjacent to violet but, outside the visible spectrum is
“ultraviolet ray”
- When all wavelengths of the visible spectrum are radiated by a light source in equal
amounts, the mixture is seen as “ white light”
- The absence of light is called “black”
- Whenever any wavelength of light is present in greater abundance than others , the
resulting light is “colored”
- Wavelength of a wave is the distance from peak to an adjacent through in a wave.
- Frequency of a wave is the number of waves per unit of time.
Things are seen by our naked eyes when light shines on them. We see things when
light rays are reflected from into our eyes. We can take a picture when light rays from
the subject reach our camera lens. Without light, images may not be recorded in the
film of the camera. The recording of light should be at a desired amount only in order
to gain quality image and this can be achieved by the manipulation of the lens
aperture.
TASK ACTIVITY:
Light travels in the atmosphere in straight direction at a speed of 186,000 miles per
second. The speed of light is slowed down when it gets in contact with some objects or
mediums. The following affect speed of light:
1. Transparent objects – objects or mediums which merely slow the speed of light but
allow it to pass freely.
Example: plastic materials, transparent clothes
2. Opaque objects – objects which divert or absorb light, but allow no light to pass
through it.
Example: metal, stone, wood
Opaque objects either absorb or divert light rays. Absorption of light is the process
Where certain materials convert light energy into another form of energy (Usually
heat or temperature). The use of black-painted background for example is used by
the photographer to “subtract” or reduce light so that it does not bounce itself around
in an undesirable way.
Diversion is the change in the direction of the light waves that strike the surface of
any subject that creates reflection either by specular or diffused reflection.
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When light rays get in contact with opaque objects, light rays are reflected, Diffused
reflected light occur when light rays get in contact with rough objects/medium and
specular reflected light when it gets in contact with smooth objects or medium. In
taking the subject must face the source of light, so that light will bounce from the
subject to the lens of the camera and will be captured by the use of the shutter.
3. Translucent objects- objects which allow light to pass through them in such a way
that the outline of the light source is not clearly visible.
Example: glass, ground glass, oiled paper, water
General principle: Light travels in straight line, but changes the direction
of light wave when it comes in contact with different objects. The change in the
direction of the light wave may either be through reflection or refraction.
1. Reflection – is a change in the direction of light wave which occurs whenever light
waves comes in contact with the surface of an object/subject but does not allow the
wave to pass through it. Of the three ways in which light rays may change direction,
reflection is the most important to the photographer. In direct reflection, the light
rays will bounce from a smooth surface at the same angle at which they hit. The actual
intensity of the direct reflection will mirror the intensity of the light source.
a.) Diffuse Reflected Light- When light rays come in contact with rough surfaces.
Diffuse reflections occur when light from a source is equally reflected in all directions
by the surface onto which strikes. Diffuse reflections are the same intensity no matter
what angle or direction they are viewed from. A diffuse light source has low contrast
because its rays hit the subject from many different angles.
b.) Specular Reflected Light – when light rays come in contract with smooth surfaces
such as a mirror, it produces glare. Glare seen on the surface of a body of water is
known as polarized direct reflection.
Illustration 8:
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2. Refraction - is the bending or redirection of the light waves when passing obliquely
From one medium to a medium of different density. Glass have refractive properties and
what are manipulated within photographic lenses in order to focus an image onto the
film or digital imaging sensor)
Illustration 9:
It is usually a glass with refracting surfaces forming an angle to each other. It changes
the path of light rays; disperse white light into its component colors.
Illustration 10:
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Summarizing, any subject/ object will act on light that strikes it whether through
refraction, absorption, reflection, or a combination of all three.
With portrait photography, the light is controlled in order to achieve optimum,
balanced exposure.
SIGNIFICANCE OF LENSES TO
PHOTOGRAPHY
A lenses is a piece of transparent material with at least one curved surface, which
refracts, or bends light rays coming from an object.
micro.magnet.fsu.edu/optics/activities/students/looking.html
It is simply a piece of glass that has been constructed so that all the light rays which
pass through it are bent toward or away from one point which is determined by the maker
of the lens.
Lenses are usually made out of glass or plastic and they have special property which
has good resolution( property of the lens which refers to resolving power such as
retaining fine lines without blurring one another) to achieve good result of the image.
There are only two kinds of lenses common to photography and these are the convex and
concave lenses or the combination of it.
When light ray passes through a certain type lens, the light ray either converge or
diverge so, the photographer should be careful in choosing lens’ characteristics, one that
is able to converge light rays in order to have a good focus.
Illustration 11:
Lens Types
Converging Rays – there is convergence of light rays when light rays meet at one
point after they pass through a lens. Lenses which cause light rays to converge are
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usually thick in the center and thinner at their edges. They are called convex lenses. The
point at which light converge is called the focus.
Illustration 12:
1. Diverging rays- diverging rays are light rays which bend away from a given point.
Lenses which cause light rays to diverge are known as concave lenses. Concave lenses
are thin at the middle and thick around the edges.
Illustration 13:
Task Activity:
Laboratory Exercise # 9 – Characteristic of light rays when passing through the lens
For any lens, the focus point is not the same for a subject ten (10) feet away as it is for a
subject twenty (20) ft. away. The farther the subject if from the lens, the closer the focus will be
to the lens. Subjects more than 600ft. away from lens however, will focus at very nearly the same
distance from lens. Distances of 600 ft. or more are called INFINITY. These conditions are
affected by the Focal Length of the Lens and Intensity of light.
FOCAL LENGTH OF THE LENS – The property of the lens that will focus the subject
at infinity at a certain distance from the lens.
Illustration 14:
Intensity of light which is the strength or quantity of light the reaches the subject
implies that the light source at any given distance from a subject will lighten the subject with an
intensity than the same light source moved to twice the distance from the subject. This concept
is governed by the Inverse Square Law which states that the intensity of the diffuse light
reflected is inversely proportional to the square of the distance between the light source and the
subject.” Understanding behavior of light is prerequisite to understanding how to control the
light when taking photographs. Remember that the light can act on any subject that is strikes.
Its intensity or brightness, temperature, and contrast are the three important properties that
should be given the utmost concern of the photographer.
Illustration 15:
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The Inverse Square Law is the law of optics which states that the intensity of the light falling
upon an object varies inversely as the square of the distance of that object from the source of
light.
Lens aberrations – Is an anomaly of the lens which causes distortion of the image due to
lens curvature ( barrel distortion, pincushion) or color ( chromatic aberration) at the edges of
the lens. New York Institute of Photography (1981) defines aberration as an optical distortion
of an image caused by a lens.
Chromatic aberration is caused by a lens having a different refractive index for different
wavelengths of light.
Achromatic lens – a lens corrected to bring together the yellow and blue-violet rays so that no
color fringes will appear in the final image. Most photographic lenses, except the meniscus and
periscopic lenses are this type. However, the achromatic lens is more highly corrected for all
colors.
Parallax is an apparent displacement of an object when viewed at two different angles 9 visual
three – dimensional depth is perceived) or when the person looking at the object changes
position apparent change of position).
Astigmatism – a fault of a lens, caused by slight non – uniformly of refraction which prevents
a sharp focus being obtained simultaneously upon both vertical and horizontal lines (NYI,
1981).
Aspherical lens – a lens in which one surface departs from a true spherical shape, has certain
advantages in the control of optical aberrations, especially in reducing spherical aberration.
The absence of a practical method of mass – producing aspherical elements has retarded the
popularity of such lenses.
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ACTIVITY:
LESSON 5:
PHOTOGRAPHIC CAMERAS
# 2. Evolution of Camera
# 3. Types of Camera
# 6. Digital Camera
Learning Outcome: At the end of the chapter, the students should be able to:
2. Identity and differentiate types of cameras, its basic parts and function
DEFINITION TERM
Camera – a light- tight chamber fitted with a lens or lens less aperture and a support for
sensitive material, used for the purpose of making photograph; a light-tight box, having an
aperture with a shutter and lens through which the image of an object is focused and recorded
on a sensitized material known as photographic film, placed behind the focal plane.
EVOLUTION OF CAMERAS
Photographic cameras today, evolved from the accidental discovery of an image formed
by light through a pinhole (projection of light) . A simple box bearing a pinhole that captures
an images was known as the Pinhole Camera. Later, a glass was placed on the pinhole of the
camera acting as a lens camera which became known as camera obscura , a device which uses
a pinhole lens to project an image of the scene outside , onto viewing surface.
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Alhazen (ibn Al- Haytham), a great authority on optics in the Middle Ages and lived
around 1000 on the Gregorian calendar, invented the pinhole camera, and explained why the
image was upside down. Around 1600, Della Porta reinvented the pinhole camera. Apparently
he was the first European to publish any information on the pinhole camera and is sometimes
incorrectly credited with its invention. Inventors.about.com/library
/inventors/blphotography.htm
Image formed by means of light projection from a pinhole into a darkened room was the
beginning of devising a Pinhole camera. The Pinhole Camera was simply a light- tight box with
a pinhole at the front center of the box. The image formed by the Pinhole Camera was a bit
crude. Improving the crudeness of image produced by the Pinhole Camera, Giovanni Battista
Della Porta added a mirror behind the pinhole to effect brightness and clarity and at the same
time enlarged the hole by inserting a telescope , thus, a logical outcome of the Pinhole Camera
was born- the Camera Obscura and gained popularity in the 16th century. More than any other
from arts, photography also requires equipment. The basic piece of equipment for taking
photographs is the camera,Yet, camera alone will not produce a photograph. The camera must
be loaded with a film and requires a photographer to manipulate it. The film must be the right
size for the camera. It must be compatible and the photographer must know how to manipulate
the camera.
These three items – camera, film and photographer, working together constitute a system of
photography.
TYPES OF CAMERAS
Camera obscura was the forerunner of the photographic cameras today. It was a light tight
chamber or box with a small hole or lens at one side for image formation. It was used by artist
as a copying device.
Camera Obscura model underwent many developments, both in its physical appearance and
its functionally. It paved way to manufacturers to create cameras of different types and models
until modern technology introduced digital cameras. At present, cameras are of different types
and kinds from which a photographer may choose what is suited for his/her subject or object.
Examples of these are:
2. 126 cameras
3. Viewfinder cameras
9. Movie cameras
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Instant Cameras.-An instant camera will produce a finished print in 20 seconds to about
4 minutes .The film, after exposure, is passed between two stainless steel rollers inside
the camera. These rupture a chemical pod on the film and spread developing agent
evenly over the film’s surface. In the original Polariod system it was necessary for the
user to peel the finished print from the base material.
Professional Polaroid films, both color and black and white, are still developed in this
manner. Beginning in 1972 with the all new model, the SX-70, Polaroid Instant Cameras
eject the developing picture from the camera, and the film reaches its final development
in full daylight. The process is completed in about 4
minutres.www.scphoto.com/htm/types.html-
For more than several decades the box camera (viewfinder) was the instrument of choice for
the casual amateur photographer. Inexpensive and simple, it was, nevertheless, capable
of excellent results under many conditions. Box cameras were normally fitted with a
single-element lens, a limited range of aperture control, and a single – speed leaf
shutter.www.scphoto.com/html/types.html
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Spy cameras are small wireless detectors, also known as security hidden cameras.
It was about the size of a package of cigarettes and was often hidden inside pack when
used by spies and private-eyes. The Micro 16 took 16mm film. It had a 90 degree
viewfinder. The plunger on the top of the camera could be pressed to advance the film
and could be made to stay down flat on the surface. A film counter was viewable from
the back. Wwwmall.com/nais/nl/spy.htm
Illustration 17:
Range finder has a viewfinder which like most instamatic cameras are
independent of the main lens of the camera, The viewfinder which is coupled to the
main lens. It is an optical instrument which measures the distance between itself and a
given object.
Illustration 18:
Single- lens reflex (SLR) camera. This type of camera allows the photographer to view
a subject through the main lens of the camera. The image seen through the viewfinder
window is a replica image: when using a standard lens, the image is similar in size and
appearance to the scene before the unaided eye. A good example of an SLR Camera is
35mm adjustable camera. This type of camera is most common in police work and also
in classroom instructions.
The range finder and single –lens reflex cameras have the following features:
1. Interchangeable lenses
3. Adjustable diaphragms
4. Motor drive
The optical system for viewing the scene for both cameras in comprised of :
b.) A mirror for diverting light away from the film and into the rest of the system
c.) A prism for reversing and inverting the image as reflected (up -side down and
reversed ) from the mirror
e.) A viewfinder
The Twin-lens Reflex Camera or TLR (21/2 camera using 120 film) is equipped with two
identical optical systems, one of which focuses on the film when shutter is opened. The
other reflects a similar image up toward the top of the camera and focuses it upside down
and reversed on a ground glass screen.
Because both lenses on a TLR are linked, correct focus on the viewing screen will
guarantee correct focus through the main lens.
1. Lens – the function of lens is to form an image of object taken on The s focal plane. It controls
the amount of light needed to form an image.
2. Focusing ring – it is used to make the image form in the focal plane, sharp.
3. F/stop ring – used to adjust or select the correct f/stop for proper exposure.
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4. Flash terminals – a terminal connection for synchronize flashing with the shutter release
6. Shutter release button – used to trigger or initiate the opening and closing of the shutter
7. Film advance lever- used to move the film frame after exposure to place the unexposed part
of the film on the camera format
8. Shutter speed dial – used for selecting the desired shutter speed
9. Accessory light shoe – akin to flash terminal but usually situated on top of camera directly
attached to the flash unit with the flash cord
10. Film rewind crank – a lever used for rewinding rolled film after completely exposing the
entire or part of the rolled film
11. ASA/ISO dial – a photographic film speed rating standard used to rate the speed sensitivity
of photographic film to light
12. Viewfinder – part of the camera which is used to view the object or subject of photography.
DIGITAL CAMERA
A digital camera is a camera that takes video or still photographs, or both, digitally
by recording image on a light sensitive sensor. Not Film. Digital camera have feature
which are not found in film based camera such as the displaying of and image on camera
screen immediately after it is recorded. It has also the capacity to take thousands of
image on a single small memory device, the ability to record video with sound, it has the
ability to edit and delete images allowing re-used of the storage. These of camera can be
incorporated into many device such as mobile phone to vehicle.
John Roack- Featured and article in forensic photography stating that when digital
in imaging is considered to law enforcement , the wrote ,”the fact that photograph are
easily altered than film based photograph usually cited. Some believe that digital
photographs are not yet admissible in court.
As digital imaging becomes more widely used in forensic science, however, there
are still drawback within forensic science casework, the drawback is a centered on
quality and authenticity of image which can be altered with adobe photo-shop of any
enhancement software programs. Other drawback are:
Conversely: Digital imaging has its advantages over traditional film-based photography
3. If you didn’t get the shot, you know the soon you did not get so you can make a retake
instantly, as opposed the film, you don’t truly know until you get the photos back from the
processing lab.
5. You don’t have to take the film, maintain a chain of custody, bring is to a processing
lab, have them developed and then get the print back to the police department or case file.
The camera is a precise optical instrument- It should be handled carefully kept clean
and projected from jolts, dust moisture and sharp temperature fluctuations. It should not be
removed from its case when it brought outdoors. Surfaces of the optical parts should not be
touched with fingers or other pointed object since it may damage their coatings. The surface
scoatings of the optical part must be cleaned with a clean soft cloth or cotton wool wad slightly
moistened with alcohol or ether. Load and unload the camera the camera indoors, to protect
against direct sunlight or bright artificial illumination. Always wind the shutter as far it will go.
The amateur Photographers, always sling the camera around your neck and hold it against your
chest when not in used to avoid unnecessary swinging of the camera.
Task Activity:
Lesson 6. FILM
#6. Speed
# 8. The Base
Learning Outcome:
2. Identify and describe common properties of film and the varieties of film emulsion
3. Demonstrate how the film is loaded to and unloaded from the camera
Definition of term
Film development is the chemical treatment process which causes a latent image to become
a visual image.
SIGNIFICANCE OF FILMS
Photographic film is a basic ingredient in the system of photography. Without the film, light
is rendered useless because there is no film to record the light that was allowed to enter the
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camera. Photographic film is a chemically reactive material that records a fixed or still image
through the action of light.
In black- and – white photographic film there is usually one layer of silver salts. When the
exposed grains are developed, the silver salts are converted to metallic silver. Color film uses at
least three layers. Dyes, which adsorb to the surface of the silver salts, make the crystals sensitive
to different colors. Typically the blue – sensitive layer is on top, followed by the green and red
layers.
The primary function of film is tom record the image focused upon it by the lens of the camera.
The recorded image is known as a latent image because it is not visible on the
1. Base
2. Emulsion side
film . exposed film cannot be visually distinguished from the unexposed one. But the film has
changed physically during exposure and that change can be made visible if the film is treated
chemically which is known as film development.
When the chemical change has taken place, and the latent image became a negative image, the
film is transformed and is now known as negative. In such condition where in the latent image
are the inverse of the tonal values of the subject, hence negative. Where black becomes white ,
white becomes black. Dark objects appear light on the negative and light objects appear dark.
3. Film sprocket
4. Film frame
5. Film leader
Illustration 23:
Emulsion side.- Films for photography are coated with a number of very thin light sensitive
emulsion layers consisting of silver salts and /or dyes. When light is allowed to expose the
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emulsion active centers combine to form a latent image that must be developed through use of
photographic chemical. The requires exposure of the film in a darkened container to a series of
solutions that must be controlled with respect to temperature, development time and with the
appropriate agitation or mixing of the solutions. www.photonhed.com/begginers/filmspeed.
Base – bases are cellulose acetate and other acid esters such as triacetate. Cellulose acetate films
are usually called safety bases since they have the advantage of low flammability. Bases maybe
(a) transparent,(b) translucent (c) opaque. Safety base film is a comparatively nonflammable
film base that meets the American National Standards Institute (ANSI) requirements for a safety
base. Further, NYI(1981) calls base as acetate base and defines it as a transparent material used
for making safety ( slow burning) film. Its name is derived from its chemical identity, as it is a
cellulose acetate instead of a cellulose nitrate, as in the case of flammable film.
Sprocket- Perforations/holes found in both edges of the film that is used to engage with the
sprocket tooth of the camera to facilitate the forward movement or winding of the film during
exposure.
Film frame – A film frame is subdivision of along strip of film in which each image is separated
from the other. Every time the film advantage lever is moved, it is counted as one film frame
thus separating the images.
Film leader – The film leader is found at the tip of the rolled film designed to guide the
photographer for easy insertion of the film onto the film take – up spool of the camera.
Black and white films are made up of several layers; gelatin anti-halation layer,
anti-curl backing , adhesion promotion layer, film base, adhesion promotion layers, gelatin
protective coating. Review the illustration below.
After understanding the basic parts and components of the film the photographer must also be
well versed with regards to the film’s properties and types.
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1. Speed
2. Emulsion
3. Base
4. Color sensitivity
SPEED – The emulsion speed determines how much light must be used to expose the film in a
given time period. Film emulsions are rated according to their ISO number (International
Standards Organization), which gives an indication of the relative film speed. The ISO number
incorporates both the older ASA ( American Standards Association) designation and the
logarithmic DIN (Deutsches Industrie Norm) speed ratings . the ASA number is directly
proportional to film speed, while the DIN system uses a logarithmic scale( an increase of 3 DIN
degrees represents an increase in film sensitivity by a factor of two). Many exposure meters,
especially in older American cameras, are calibrated according to ASA numbers, while
European cameras use the DIN equivalent. Films in the 50-200 ISO range are commonly used
for photomicrography. www.photohead.com/begginers/filmspeed.
THE EMULSION - The Emulsion of the film is the light-sensitive part of the film. It is the
medium through which the physical and chemical changes, from latent to negative image take
place. In an emulsion, grains of silver of silver halides are suspended in a thin layer of gelatin.
Silver halides are sensitive to light. Their characteristics are altered when they are exposed to
light. One of the properties of an emulsion is resolution. Resolution refers to the resolving power
of the emulsion in which it is able to produce images that retain extremely fine line without
blurring into one another.
When the altered silver halides are treated chemically during development they are converted
into a Black Metallic Silver which remains attached to the base of the film. Silver halides which
have not been exposed to light do not form into metallic silver but instead are washed away from
the base during the development process.
A minimum amount of light is required to effect the change in the grains of the silver halides
and forms latent image. This minimum amount of light alters only a few of the grains near the
surface of the emulsion and produces a barely perceptible silver deposit upon development. if
less than this minimum amount of light reaches the emulsion, the silver halides are not affected,
and they cannot be changed into metallic silver by development.
The photographer has a variety emulsions and bases to choose from. Emulsions vary in:
1.Color sensitivity
2. Speed
3. Graininess
4. Contrast
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Color sensitivity. Pure emulsions composed only of silver halides reproduce only: blue, violet,
and visible ultraviolet regions of the visible spectrum, thus, pure emulsions are color blind.
Emulsions are divided into four (4) general types according to the way in which they render
color differences as brightness differences:
a.) Monochromatic film – because of its limited color sensitivity, has no use in regular
photography. It is used primarily for copying.
b.) Orthochromatic film – are sensitive to the ultra-violet. green and yellow-green portions
of the spectrum. They do not accurately reproduce the relative brightness of a subject as seen
by the eye. Not regularly used in police photography.
c.) Panchromatic films – are sensitive to all colors of the visual spectrum.
d.) Infrared films – have a band of color sensitivity in the ultra –violet and blue. little or no
sensitivity in the yellow –green portions of the spectrum, and a second band of greatly increased
sensitivity in the visible red and infrared.
Graininess. Negative image is composed of grains of metallic silver which adhere to transparent
base. These grains appear as a continuous deposit, however, when the image enlarged, a
granular effect becomes apparent. The granular appearance of the enlarged image is called
graininess.
As a general rule, slow emulsions are fine-grained and fast emulsions are coarse- grained. The
tendency of silver grains to clump during development can be reduced by using fine grained
developer.
Contrast is the degree of difference in tone between the lightest and darkest areas in any
photograph.
Sharpness and acutance. The sharpness of a negative refers to the precision with which a
boundary between areas of varied contrast is reproduced. Sharpness shall mean the “perception
of minimum diffusion” in which distinctiveness of objects in a picture is visualized to be well-
defined and clear. Grains of silver halide, because of their crystalline structure, tend to scatter
light when they have not absorbed. This scattering called diffusion, can cause nearby silver
halides to be affected by light which has not been focused upon them by the lens of the camera.
Diffusion can also be caused by the reflective properties of the film base. Thus, highlights will
tend to encroach upon shadows in a negative image.
SPEED- Speed in this context refers to a film speed or emulsion speed. Film speed is
determined by the degree of sensitivity of and emulsion to light which is known light sensitivity.
A measurement of an emulsion ability to produce a certain density under controlled exposure
condition.
a. “Slow” Emulsion because they need more light in order to yield an acceptable image
1000 ASA/DIN 300 ASA /DIN 125 ASA / DIN 25 ASA/ DIN
THE BASE- Bases are cellulose acetate and other acid esters such as triacetate
cellulose acetate film are usually called safety bases since they have the advantage of low
Flammability. Base may be (a) Transparent, (b) Translucent (c) Opaque. Generally , film made
on transparent base wither they are used as a negative or as positive , as in the case of motion
picture, COLOR Transparencies, are use and lantern slides.
In the final image obtain from black and white negative emulsions consist of a series
of gray tones varying in brightness, and ranging from light to dark gray. These tone represent
the color of the subject, deferent emulsion represent subject color with varying degree
acceptability. The extent to which there representation of color shades of gray acceptable is
called the color sensitivity of the film.
➢ Open the back case of the camera by pushing the film rewind
button the film pickup rewind crank
➢ Pull the film leader from the film cartridge and insert the film
unto the film pickup spool
➢ Make sure that the film sprocket is engage into the film
sprocket tooth of the pickup spool of the camera
➢ Move forward the film advancing the advance lever, cock and
fire the shutter. When cocking the shutter for the second time
the frame counter should be set at “1”
➢ Now you are ready to shot
When the exposure counter show figure 36 , the film should be rewound back
into the cassette and the camera unloaded . To do this;
Learning Outcome: At the end of the chapter, students expected to perform techniques in taking
photographs of deferent crime cases, including recording , sketching measuring and the proper
used of photographic equipment.
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The cardinal rule in crime in crime scene investigation states the crime scene that not
be touch, altered, or removed unless it is sketch, measured and photograph, sketching,
measuring and photographing, all these act indicating position of the camera , weather
condition, type of lens , lens, film, camera, aperture and shutter speed that had been used.
The ideal view of the subject, object to be photographed defends upon the type of crime
committed. Each case of crime demands different requirement of how it should be
photographed but definitely a close- Up photograph is often required, especially on object
attacked, weapon used or tools, significant clues such as fingerprint, blood stain, footprints,
skid- mark, broken glass, wounds or any other physical evidence.
As a general rule in crime scene photography, photograph the entire scene or the
general rule view of the scene to include nearly surrounding, the address to the crime scene,
case number, time and date and initial of the photographer which should be affixed in his
records. An overlapping photograph or shots of the immediate scene. At least in four different
Angles must be performed. Photograph the body showing the exact location, direction where it
tends.
Ideally, the following techniques are notable to some specific crime enumerated below;
Mug-Shot- “Mug shot “ is taken from suspect/ witness of crime of the following
equipment are required:
Picture
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The proper procedure when taking a mug- shot is to attack the camera to the tripod facing the
plain black in white background with the flood lamps are similarly set at each side at
approximately 45 degrees angle to the subject . To flood lamps are similarly of each its
side at the back barefooted without eyeglasses and holding breast level the tittle board
with the corresponding name, and other data . The front whole body, front , right and
left side view, right and left quarter view from head to elbow.
Suicide by shooting:
SUICIDE BY HANGING
SEX OFFENSES- The crime of rape may be taken as typical of this class of offense photograph
indication of victims indication of victim efforts to resist, such as bruises or black mark.
Additional shot should be made of special features, such as;
The suspect body may show the evidence of the physical struggle, such as scratches
or bruises. Foreign hair, pollen granule or fiber may be discovered by the physician. The
garments may contain weeds, seeds or soil. Crime took place indoor, materials peculiar to the
premises may be found in the suspect’s person clothing. When photographing evidence, include
the data sheet and ruler.
Photograph evidence of resistance of the criminal act ( Sex Offense) marks and
discoloration of the body , condition of affected part and presence of foreign hairs, fiber,
biological stains.
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e. Take shot all the furniture or article which show evidence of being ransack
f. Photograph what has been left by the burglar such as hat, glove , scarf, cigarete butt
of the scene
g. Physical evidence such as fingerprint ,footprint ,tire print, crepe sole print
ILLUSTARTION : 28 Burglary
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ARSON – In arson cases, it is always recommended to used colored film in taking photograph
because of its because of its importance in determining the origin of fire fire. Origin of fire can
be distinguished through the color of smoke vapor. White smoke , black smoke , reddish brown
or yellow smoke, and the color of the flame.
HOMICIDE CASES – In homicide cases , photograph the victim from the four the different
sides to view the Close- Up shot of the wounds, with or without scale and any identifying marks,
and after the removal of the body with white outline to indicate place where the victim was lying
. Similarly, The following must be done ;
Autopsic Photography
Picture
What to photograph:
Topic # 1. Enlargement
# 2. Expert testimony
Task Activity:
Learning Outcome:
1. Describe and actualized the methods in the preparation of photographic evidence and
recognize its importance to legal
In the preparation of photographs for court exhibit it is the next step to be done
after enlargement. It includes entries of data as a notation in the photograph such as the time
the photograph was taken ,the initial of the photographer , the photographic equipment used,
the lens aperture and speed, film used ,the case number ,etc. The preparation of the photographs
provide litigator with the variety of demonstrative evidence with and option that allow them to
understand in a simple detail a document or events that is a vital to the judge and court
understanding of the facts in a case.
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Photographs for the court exhibit vary defending on what case is being heard
.The exhibit may be photographs questioned document , radiological enlargement, pathological
slides , of human anatomy , comparison of bullet, fingerprints, footprints, or tire print ,etc . In
trial preparation and case review , review of the cases through scene and autopsy
photographs and reports, are necessary for convection and post conviction appeals
EXPERT TESTIMONY- The presentation of photographic evidence in court requires the expert
for disposition in court testimony . He testifies on fact and renders an opinion only insofar as
scientific opinion and not to jeopardize the party by creating controversy coming from his
opinion.
Task Activity:
Topic # 1. Introduction
# 2.Use in proceeding
# 3. Characteristic of sketching
# 4. Types of Sketching
Learning outcome:
1. Explain why sketches like maps, diagram, or linear, drawing are use full in getting
close to solving a crime
2. Discuss the basic steps in the sketching process in a crime scene and why is the
procedure important?
Introduction:
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investigation of a certain crime is the sketching of crime scene. This procedure aids the
investigators in getting to the bottom of the case and in guiding them to close in a vital leads.
Ostinsively , sketches, like that of house, a street or ditch give more and concrete information
body are in fact a welcome relief to the court which more often than not are overwhelmed by
evidence and exhibits, both from prosecution and defense counsels. Drawing or sketches, help
quantico Virgenia ,USA say At best diagram is the approximation , and in this case it is
indifferent by whom is made . A witness as may speak by diagram and linear description , when
the thing may be so describe, as by the words. It is enough if it serves the purpose of the witness
The FBI manual added in this case the court held the diagram to be
admissible even though it had been made by the prosecuting attorney rather than by the witness
ILLUSTRATION:
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PICTURE
Figure 1 .
Essentially, the sketch, whether in form of map, diagram or linear drawing must be
Logically, it is more convenient for the judge the prosecution and defense counsel to discuss
crime scene in court room than to travel to distant places for ocular inspection and investigation.
The FBI Academy manual quoting a writers says When its impossible to present
the objects themselves into evidence , it is permissible to put before the court,, maps and diagram
and photograph which well present the appearance and condition of physical things which may
The maps or diagram may have been by the witness or it have been made by some
persons. In either case the only essential is that it be offered in connection with the verbal
testimony of the witness and then stood before the jury as a part of that testimony. The function
it serves to simply present a condition or a group of and object by the jury than could be done
by words of a witness.
CHARACTERISTIC OF A WITNESS
sketches;
recorded
2. Topography
4. Movement of suspect
5. Skid Mark
events
TYPES OF SKETCHES:
1. Floor plan or “bird –eye view “ the simplest and the most
common type. The illustration below are two of the example of this type of sketch.
ILLUSTRATION :
PICTURE
For and initial survey of and indoor crime scene, concentrate on the focal
point of crime and the obvious items of interest in relation to each other and the victim , if there
is one. For example, in a death scene , body is of course , the focal point. You would make a
quick survey from the doorway and move to the bed by a rout of arrow that would avoid the
items lying on the floor circled area . After the examining the body pronounced dead by the
medical doctor, the first area you would process would be the one containing the items on the
floor, that ar5ea not only contains items with obvious evidence potential it is critical to free
floor plan except that the walls have been laid out flat and object on them have been shown in
ILLUSTRATION:
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PSICTURE
Laboratory Exercises:
# 2. Uses of Darkroom
Learning Outcome:
Definition of term:
The term” darkroom” mean( lateral meaning ) a room which is a dark and in
which light sensitive materials may be handled without fear of accidental exposures.
USED OF DARKROOM
The processing film and the enlargement of negatives can only done in a properly
equipped darkroom.
A darkroom is a work place , made dark to allow photographer to used light sensitive material
(1) to develop film and photographic paper to make photographic prints. The darkroom does
not have to be completely dark when making black and white prints because most black and
white print paper are sensitive only to blue light or to blue and green light so, the safe light used
are red or amber colored lights. It enable the photographer to work low intensity orange or
yellow light can also used.
1. THE ROOM- Size of the darkroom is dependent of the size of the police
department. In bigger police station department, it must have;
2. WORK AREA- bench stop height , bench width, underneath should be drawers or
combination of both , bench tops should be chemically inert, watertight resistant abrasion.
5. Electrical outlet- All electrical circuit should be designed for 30 amperes loads. The
lighting should be separate from the equipment circuit order to prevent safety light and room
lights from being extinguished when equipment overload interrupt the supply.
6. VENTALATION- By using exhaust fans. Clean fresh air should be pumped into the
supply.
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Task Activity:
2. Draw and put label at least five equipment/ tools for film development.
Lesson 11
Film Development
1. Identify and describe functions of the basic equipment/tools and appraise its relevance to
film development process
2. Enhance critical thinking and practical skills in the preparation of chemicals and materials
needed in film development
3. Enhance practical ability in extracting film from the film spool and transfer the same to the
film developing reel
DEFINITION OF TERMS
Film developer- it is a chemical agent or solution (in Kodak developer, D-76 is used which
causes development to take place.
Fixer – A solution used for removing the residual sensitive silver from a developed film, thereby
rendering the image permanently.
Over-development – refers to development at too long a time at too high temperature, resulting
in excessive contrast and density.
After the camera work is done, getting to the final picture is generally a two-step process:
Both operations require a darkroom. Its equipment need not be elaborate, but the room must be
truly dark for handing today’s films, which are often sensitive to light and are usually
panchromatic, which means they are sensitive to all colors of light.
The development, stop, fixing and clearing must be done under darkroom conditions or in light-
tight developing tanks, and film must be handled in complete darkness. The rigors of
temperature ,duration, and agitation are usually dependent upon the film being used.
BASIC EQUIPMENT/TOOLS IN
FILM DVELOPMENT
• Developing tank
• Trays for washing negatives
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1.) Film developer(combination of metol and hydroquinone, alkali such as borax, sodium
carbonate or sodium metaborate)
2. Stop bath ( weak acid solution, acetic acid or a solution commonly known as vigenar).
3.) Fixing agent( or neutralizer). Sodium or thiosulphate (hypo) is the main ingredient
dissolving the unexposed silver halides.
CHEMICAL PREPERATION
1. Dilute 150 ml. D-76 developer (stock solution)using 1:1 ratio of proportion ( Working
solution: 200 ml. solution + 200 ml. water).
2. Prepare 300 ml. Acetic acid(glacial acid,99% acid content) Stop bath, dilution ratio. Dilute
10 ml. ( Working solution: 28% stock solution ( Stock solution:100/300),(Working solution:1:3=
1 ml. fixer,3 ml. water)
1.) Prepare your working place. Have tank and solutions properly placed for immediate action.
(Developer, stop bath, fixer and hypo)
2.) In complete darkness, pry off the flat end of the 35mm cassette with a bott opener. The end
of the film is connected to the spindle with masking tape and must be cut
3.) Push the spindle on which the film is wound out of the cassette. Discard the cassette. With a
scissor, cut off the leader so that the film is squared. Pull the film off the spindle so that it rolls
up in your hand. Discard the spindle.
4.) Load the film onto the reel. When completed, place it inside the developing tank.
1.) Once the film is in the tank, pour the developer into the tank and develop for about 7-8
minutes at degress Fahrenheit temperature with agitation at 1 minute interval until the
reamainder of the development time. You can turn the white light and the rest of the work can
be done with the lights on. After completing the prescribed time in the developer, empty the
developer back into the bottle.
2.) Pour in the stop bath. Bath the film for 1 minute with agitation at 20 seconds interval.
Discard the stop bath after 1 minute and then pour in the fixing solution
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3.) Fix the film inside the developing tank for about 3-4 minutes with interval of agitation every
30 seconds. After the fixing time , discard the fixer into the storage bottle.
4.) Pour water into the tank and agitate every 30 seconds for about two minutes. Pour out water.
5.) Take the lid off the tank. Take out the negative from the developing tank and transfer it into
a tray and wash the film under running water for 30 minutes
In order to remember the operational sequence in film development, the following “ING’”
CARDINALS INFIM DEVELOPMENT must be followed:
• Developing
• Washing/rinsing
• Stop bathing
• Fixing
• Washing/rinsing
• Drying
1.) Temperature
2.) Time
3.) Agitation
Control of those three factors guarantee a predicted result by developing film for a known time
at a fixed temperature with controlled agitation, otherwise , the result of the negative may either
be under-developed or over- developed.
Temperature. The ideal temperature for most standards developer is 68 degrees Farenheit
or 20 degree Centegrade. It is best develop at the recommended temperature however, if the time
factor is altered in an inverse relationship, that is , “ the lower the temperature, the longer the
development time” can still be possible. Ideally, all solutions in black-and- white processing,
including the final rinse wash water , should be kept near the same temperature as the developer.
Time. The time factor is variable depending primarily upon the particular film- developer
combination involved. There is no such thing as a correct development time for all workers
under all circumtances.
If negatives consistently emerge with too much contrast, cut the development time about 25
percent; if they are consistently too soft, boost the development time about 25 percent. The
longer the development time, the more silver is formed and the blacker the image. Contrast , or
the difference between highlights and shadows, also increase with time, but only up to the point
where chemical fog level begins to overtake the increase in the highlight density; then flatness
or low contrast results.
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Agitation. Careful and consistent agitation is as important as time and temperature Fresh
developer must be worked into the emulsion layer while the exhausted develop and by-products
of the development reaction are washed out and away from the surface of the film, Agitation
also keeps the solution uniform so that streaks on the negative caused by exhausted solution
flowing across the solution do not occur.
TASK ACTIVITIES:
LABORATORY EXERCISES
PRACTICAL EXERCISES
Alfred Watkins and E.J Wall had published tables of needles size and aperture s, a
number 1 needles being 1/22 of an inch and 16 needles being 1/95th of the inch in diameter.
This can be determined by placing a number of similar needles in a row, each needle
touching the next one on it, and then counting the number of needles to an inch. The image
formed by a pinhole is not critically sharp; it gives a pleasing softness of definition and this
method
Illustration 1:
Illustration 2
Of making picture was much favored by artist seeking just such quality in their pictures. At the present
time , however, there are lenses on the market that are specially designed to give soft definition very
much like that by a” pinhole’ and these have largely supersede the “pinhole”
The” pinhole” has definite plane focus like a lens, and the definition of and image is about the same
whether the plane surface on which the image falls is close to or farther away from the” pinhole”. Of
course , the angle of view is included than when the plane of focus is nearer the” pinhole”.
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The exposure of the” pinhole” would be approximately one hundred times the exposure needed
when using a lens, the pinhole would need and exposure of about 4 seconds.
GIOVANI BATISTA DELA PORTA –Was reputed inventor of “CAMERA OBSCURA” This invention was
the logical outcome of the discovery of the possibility of projecting image through the minute hole. The
next step was to make the hole larger, and affixing a glass lens. This made the picture sharper and clearer
and it was of course, in natural colors. CAMERA OBSCURA later is to become a small , light tight room with
a doom ceiling. The lens was place in movable box in the center of the dome and the image was reflected
downwards by means of a mirror onto a circular disk.
CAMERA OBSCURA – It means a “dark room” a darkened enclosure in which images of outside
object are projected through a small aperture or lens onto a facing surface.
ILLUSTRATION # 3
CAMERA OBSCURA
The next step in the history of photography was the desire to find the means
of “fixing” a picture permanently on paper or on some other support, and this
brought about the investigation of the action of light on the various chemical.
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MONTGOLFIER BALLOON
▪ The Montgolfier brothers of France Joseph Michael and Jacques Entienne
successfully release several balloons when they propose to use two condemned
prisoners for the first ascent with passengers.
▪ Balloon constructed of linen and inflated with hot air travelled 9,000 yards and
remained in the air for 20 minutes.
LILIENTHAL GLIDER
▪ Otto Lilienthal, a German inventor who also made a study of the flight of birds and
experimented with ornithopters
▪ His chief work was with gliders
▪ a profound influence on the development of aviation.
WHEELS
• Was invented probably in Western Asia
• As wheel was perfected, crud carts and wagons began to appear in TIGRIS – EUPRHATES
VALLEY about 3500 B.C. and later in CRETE, EGYP and CHINA .
• It enable him to transport burdens beyond the power of man or animals to carry or drag,
and permitted much greater facility of movements than the simple sledge on rollers which
had to be continually picked up and moved by hands as the sledge is advanced.
ROMAN CARPENTUM
▪ A closed two wheeled cart, was the favored vehicle when roman women journeyed
outside the City
WHEELED VEHICLES
• could not use the narrow paths and trails used by pack animals, and early roads
were soon built.
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THE ROMANS
• the major road builders in the ancient world. The Romans road network reached a
total of about 50,000 miles ( 80,000 kms ), with FEEDER roads branching out form
the main highway. It was costly because its deep foundation, formed by layer after
heavy stones, was necessary to make roads that would carry heavy traffic for many
years.
JOHN L. MACADAM
▪ Did not abandon the theory of feeder road building and perfected the Macadamized
road in England about 1815.
• were so bad that the coaches could average only about 4mph
( 6.4 km/h ) and the mail was usually carried by boys on horse.
JOHN PALMER
▪ introduce his first fast coach in March of 1785 and by 1800, the English coach
system was in full swing.
• ancestors of the modern bicycle was the HOBBY HORSE, or dandy horse. The wheels
were made of wood, with tires of iron, and the rider pushed themselves along with their
feet of the ground.
KIRKPATRICK MACMILLAN
▪ in 1838, a Scottish blacksmith , made the first machine with pedals, which were
attached to and drove the ear wheel by means of cranks.
PNEUMATIC TIRES
▪ ( inflated by air )
▪ JOHN BOYD DUNLOP appeared in late 19th century ( about 1888 )
MOTOR VEHICLE
The first mode of transportation to challenge the railroads
ETIENNE LENOR
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• Frenchman made possible the introduction of motorized carriages by his invention in the
1860’s 70’s, of the INTERNAL COMBUSTION ENGINE.
RUDOLF DIESEL
▪ a German engineer, developed and internal combustion engine which is similar
with the gasoline engine
▪ requires no electrical ignition system or carburetor and uses other form of liquid
fuel, the diesel fuel.
HENRY FORD
▪ in 1908 introduced the MODEL T which was proved so popular that by 1914, Ford
had adopted MASS PRODUCTION methods to meet the demand.
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FELIX WANKEL
▪ in 1956 a German mathematician developed an advanced type of engine, named
after him, that operates very differently from gas and diesel engine. It is started by
a moving crankshaft.
CANALS
▪ Is a body of water used to be channel of sea transportation, the first canal was
constructed by Engr. James Brindley.
RAILWAYS
▪ channel of transportation wherein a parallel line of irons were used as roads.
▪ the first railroad is the Stockton and Darlington line (1925)
LESSON 2
TRAFFIC MANAGEMENT
TOPICS
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TRAFFIC MANAGEMENT
ORIGIN OF THE WORD TRAFFIC
History
TRAFFIC
▪ it refers to the movement of persons, goods, or vehicles, either powered by
combustion system or animal drawn vehicle, from one place to another for the
purpose of safe travel.
▪ it refers to the movement of traffic units in a traffic way.
MANAGEMENT
▪ The skilful handling or controlling of something successfully
TRAFFIC MANAGEMENT
▪ It is an executive function such as planning, organizing, Directing and
supervising, coordinating operating recording and budgeting traffic affairs
▪ Is designed to make the traffic way safer for travelers, expedite the movement
of traffic, and to provide convenience to the traffic facilities’ users
1. TRAFFIC ENFORCEMENT
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• taken by the traffic law enforcers and the count to compel obedience to traffic
laws and ordinances
• regulating the movement and use of motor vehicle for the purpose of creating
deterrence to unlawful behavior by all potential violators
▪ G. Judiciary
➢ the branch of government that interprets the law through adjudication of
cases
TRAFFIC ARREST
TRAFFIC CITATION
TRAFFIC WARNING
➢ act reminding the driver of his violation in order for him to not do it again.
➢ No arrest or citation is made
TYPES OF WARNING
❖ VISUAL WARNING
❖ VERBAL WARNING
❖ WRITTEN WARNING
TRAFFIC PATROL
▪ part of traffic supervision by patrolling to ensure public obedience
OBJECTIVES:
▪ Deterrence of violators
▪ Detection and apprehension
▪ Observation and reporting of traffic condition and road condition
▪ Providing certain services to public
o Hand signal should be with arm and palm facing the person
▪ WHISTLE SIGNAL
o One long blast for STOP
o Two short snappy blast for GO
o Three blast to be used TO ASK FOR ASSISTANCE
2. TRAFFIC ENGINEERING
• the science of measuring traffic and travel
• the study of basic laws relative to the traffic law and generation
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FUNCTIONS
OBJECTIVES
• Show that good police action and performance makes engineering plans effective
• Disaster or emergency
• School crossing
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• intended to warn road users of danger that lies ahead of its nature.
• Caution signs
▪ Regulatory Signs
a. PRIORITY SIGNS
c. MANDATORY SIGNS
• e road users of special rules in which they must comply for the safety,
convenience and smooth flow of traffic.
d. INFORMATIVE SIGNS
GUIDE SIGN
• Direction sign
• Rectangular white color blue background
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e. ADVANCE SIGNS
• names and distances of the principal destination or destination served by the
intersecting roads.
f. DIRECTION SIGNS
• shall be placed at the right of intersection to show the direction and
destination of a route
• These may be used to show the frontier between two countries or for the
purpose of showing the beginning and/or end of built-up areas.
COLOR SIGNAL
Red- stop
Amber- slowdown
Green- go
▪ 1912, American policeman, Lester Wire, came up with the idea of the first electric
traffic light.
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▪ Based on Wire's design, the lights were first installed in Cleveland, Ohio, on
August 5, 1914, at the corner of 105th and Euclid Avenue
1920,William Potts
▪ Detroit police officer, developed several automatic traffic light systems
including the first three-color signal, which added a yellow "caution" light.
TRAFFIC PHASE
• Split
- Number Allocated to each Phase
• Signal Cycle
- Complete Sequence of signal indication, Red, Yellow, Green
• Signal Timing
- Amount of time allocated to signal indication
• Cycle Time
- Total time required for one signal express in seconds
-
TRAFFIC ISLANDS
• areas within the roadway constructed in a manner to
establish physical channels through which
vehicular traffic is
guided, that will segregate pedestrian.
TRAFFIC SIGNS
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ROAD CLASSIFICATION
A. ACCORDING TO POLITICAL SUBDIVISION
❖ National road
- right of way 20 to 120 meters
❖ Provincial road
- link between to municipalities, ROW from 15 to 60 meters
❖ City road
- interlink in the city, ROW not less than 15 meters
❖ Municipal road
- within town proper ROW not less than 10 meters
❖ Barangay road
- from market to town not less than 2 meters
❖ Feeder Roads
- Intended for farm-to-market roads.
❖ Local Collector Roads
- Intended to collect traffic from feeder road to municipal road.
❖ Major Collector Roads
- Intended as major arteries to collect inter-locality traffic to provincial road.
❖ Major Highway
- Serves as main artery that caters on big volumes of vehicular traffic on
national roadway.
❖ Expressway
- A through traffic for free-flow of vehicular movement.
❖ Tunnel Road
- A passage of wide section cut through a hill or sea to shorten
circuitous roadway.
❖ Subway
- An underground conduct running entirely under the ground for fast travel
route of commuters.
❖ Skyway
- A modern urban system of roadway above street level for free-flow traffic
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SIDEWALK
• integral part of roadway
• Answer to the safety of pedestrians of any road hazards.
SIDEWALK WIDTH
Right of Way Minimum Width sidewalk
10 M 1.0 to 1.2 M
15 M 1.2 to 1.5 M
20 M 2.0 M
30 M 2.0 M
35 M 2.5 M
40+ M 3.0 M
INTERNATIONAL SIGN
PAVEMENT MARKINGS
• Lines and symbols on road ways are used to warn and direct drivers and to control
the flow of traffic
3.TRAFFIC EDUCATION
• is the process of inculcating to an individual the knowledge, skill, responsibilities
and values to become a fully developed person
• the key to smooth traffic flow is discipline and to acquire discipline people must be
educated
4.TRAFFIC ENVIRONMENT
• the study of potentially disastrous population explosion, changes in urban environment
due to the scale and density of new urban concentration and new activities carried out, air
pollution, water pollution and crowding, transport congestion which result therein
5. TRAFFIC ECONOMICS
• deals with the benefits and adverse effects of traffic to our economy
• deals with the productive resources to produce commodities and distribution and
consumption
LICENSING SYSTEM
Driver’s License
RESTRICTION CODE
• Restriction Code No 1
- limited to drive motor motorcycles
• Restriction Code No 2
- limited to drive vehicle weighing not more than 4500 kg
• Restriction Code No 3
- limited to drive vehicles weighing more than 4500 kg
• Restriction Code No 4
- limited to drive weighing4500 kg and with automatic transmission only
• Restriction Code No 5
- limited to drive vehicle with automatic clutch and weighing more than 4500
kg
CLASSIFICATION OF VEHICLES
• PRIVATE
- Not use hire under any circumstances
• FOR HIRE
- Vehicles covered by certificate of public convenience or special permit
issued byLTFRB.
• GOVERNMENT
- Vehicles owned by the Philippine Government or nay of its political
subdivisions
• DIPLOMATIC
- Vehicles owned by Foreign government or their diplomatic officers in
Philippines
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DRIVER
• Stop immediately.
• Show the license to the victim and give the true name, address and contact number.
• Driver is not allowed to leave the scene without aiding the victim.
EXCEPTIONS:
DRIVER
• Stop immediately.
• Show the license to the victim and give the true name, address and contact number.
• Driver is not allowed to leave the scene without aiding the victim.
EXCEPTIONS:
Senate President 3
Cabinet Secretary 6
Senator 7
Congressman 8
Appeals/Solicitor General
Cabinet Undersecretary 12
RTC Judges 16
EMERGENCY VEHICLES:
Intersection
• when two or more vehicle is entering an intersection the one on the left will give way
to the right vehicle.
Pedestrian
• the driver shall bring to a full stop before traversing to an intersection. If there is no hazard
the driver may slowdown to 5mph.
• all drivers should yield to emergency to emergency vehicle except as directed by traffic
enforcer. Fire trucks are accepted to speed limit but they are prohibited to have
unnecessary speed.
PROHIBITED PARKING
• Places where parking is prohibited:
• Near an intersection
• Crosswalk/ pedestrian lane
• Within 6 meters from drive way of any response installation, fire hydrant and private
roads
• Double parking
• Sidewalks, alleys, foot of the bridge
• Places wherein official signs are posted
• overtaking lane is the lane to the left of overtaken vehicle going in the same
direction, overtaken vehicle is the privileged vehicle
• Make sure that the overtaking lane is clear and free of oncoming vehicle for sufficient
distance to facilitate proper overtake.
• Maneuver at own risk, the vehicle being overtaken is the privileged vehicle. Drivers
keep his lane, maintain speed and yield to overtaking vehicle.
• He shall increase his speed until the overtaken vehicle has cleared the way In a two lanes,
on a divided roadway, they may use either of the lanes.
• In an expressway with fast and slow lanes, on a divided roadway, they may use either
of the lanes.
ACCIDENT
TRAFFIC ACCIDENT
OHIO CITY
• In 1891, engineer James Lambert was driving one of his inventions, an early gasoline-
powered buggy, when he ran into a little trouble
17 August 1896 UK
• Bridget Driscoll is the first person to die in a petrol-engined car accident, and the first
pedestrian victim of an automobile accident in the United Kingdom
• any accident occurring on a traffic way involving persons using the traffic way or travel
or transportation, but not involving a motor vehicle in motion (ex. Pedestrian and a cyclist
in a traffic way
• any motor vehicle accident which occurs entirely in any place other than a traffic way (ex.
Accident on a private driveway)
any motor vehicle accident occurring on a traffic way (ex. Collision between automobiles on a
highway
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1. PERCEPTION OF HAZARD
• first action taken by a traffic unit to escape from a collision course or otherwise avoid a
hazard
3. INITIAL CONTACT
4. MAXIMUM ENGAGEMENT
• greatest collapse or overlap in a collision; the force between the traffic unit and the
object collided with are greatest at maximum engagement
5. DISENGAGEMENT
• separation of a traffic unit in motion from an object with which it has collided; the force
between the object ceases at this time
6. STOPPING
• traffic units involved come to rest; it usually stabilizes the accident situation
7. INJURY
• receiving bodily harm; this event does not necessarily occur after the accident but
within any of the chain of events; it may also happen right after the evasive action taken
by the drivers involved or during the initial contact
• It is a bleeding wound, distorted member, or any condition that requires the victim to
be carried from the scene of the accident. Consider the injury to be visible if symptoms
are present even though the injury itself is not visible.
Non-Visible Injury
Fatal
• It is any motor vehicle accident that results in fatal injuries to one or more persons.
SKID MARK
▪ A skid mark is the visible mark left by any solid which moves against
another
▪ Skid marks caused by tires on roads occur when a vehicle wheel stops
rolling and slides or spins on the surface of the road.
YAWN MARKS
▪ Rotating tire which is slipping in a direction parallel to the axle of the
wheel
GAP SKID
▪ Braking skid due to interrupted release of brakes
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IMPENDING MARKS
▪ Forward rotation of the wheel slower than the movement of the vehicle
▪ A.K.A Tire shadow marks
DRUNKEN DRIVERS
• it is a driver who drives under the influence of alcohol with 10% of intoxicating level
3. Reading
4. Spelling
5. Counting from 1 to 10
CHEMICAL TEST
1. Blood test
2. Urine test
3. Perspiration test
4. Breath test
5. Skin test
1. Drivers admission
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2. Co-occupants testimony
6. Officers testimony
17. 11. LOI 112- Load capacity of Public Roads & Bridges
19. 13. PD 1686 – Imposing a tax on every motor vehicle equipped with air conditioner
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