Professional Documents
Culture Documents
Intro
Intro
TO
CRIMINOLOGY
PREPARED BY: RANDY JALA LUNGAY, RCrim
CRIMINOLOGY
- The entire body of knowledge regarding crime as a
social phenomenon. It includes within its scope the process
of making of laws, of breaking of laws and of reaction
towards the breaking of laws. (Sutherland and Cressey)
- Multidisciplinary study of crimes. (Bartol, 1995)
- It refers to the study of crimes and criminals and the
attempt of analysing scientifically their causes and control
and the treatment of criminals.
- May be defined as a scientific study of crime and its
treatment. ( Elliot and Merrill)
“It is academic discipline that uses scientific method to study
nature, extent and control of criminal behavior in both the individual and
in society.”
Objective of Criminology
- The development of general and verified principles regarding the
process of law, crime, and treatment or prevention.
Theory
- Set of declarations devised to explain behavior, events or
phenomenon, especially one that has been repeatedly tested and widely
accepted but not even totally proven.
Demonological or Pre-Scientific School of Thoughts
- also known as pre-classical or Supernatural Theory
- The most ancient theory of crime and dates back to pre-
scientific age.
- According to the thinkers belonging to this point of view,
crime is the handiwork of evil.
- It is believed that a man commits crime because of the
influence of some external superpowers.
Classical Criminology
- This school of thought is based on the theory that
individuals choose to commit crimes acter weighing the
consequences of their actions. According to classical
criminologists, individuals have freewill. They can choose legal
or illegal means to get what they want; fear of penalty can
discourage them from committing crime and society can control
by making the pain of punishment greater than the pleasure of
the criminal gains.
- It maintains that man is essentially a moral creature with
an absolute freewill to choose between good and evil.
Classical School
Develop in the mid 18th century and was based on utilitarian
philosophy.
Its Principles:
Hedonism – a concept that provides a man balance the pleasure
derived from illegal acts to that of pain to be imposed upon him.
(Hedonistic)
Utilitarianism – punishment would be meted out in proper
proportion to the effect the greatest happiness for the greatest number.
Classical School argued the following:
CRIME
- refers to an act committed or omitted in violation of
public law forbidding of commanding it.
Legal Point of View
- An act or omission in violation of a criminal law.
Social Definition
- An anti-social act; an act that is injurious, detrimental
or harmful to the norms of society; they are the unacceptable acts.
Psychologically
- Crime is an act, which is considered undesirable due
to behavioral maladjustment of the offender, acts that are caused
by maladaptive or abnormal behavior.
Triad of Crime / Essential Elements of Crime
B. By means of culpa or fault - when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
REQUISITES of FAULT
Criminal negligence
Freedom of action
Intelligence
3. According to the stages in the commission:
1. Formal Crimes
Formal crimes are crimes, which are consummated in one
instance (Adultery)
2. Material Felonies
Those that have various stages of execution (Homicide)
Mala in se
An act, by its very nature, is inherently and morally
wrong; it should be done with criminal intent.
Malum prohibitum
An act is wrong only because there is a law
punishing it. It is enough that the prohibited act was
voluntarily committed and need not be committed with
malice or criminal intent to be punishable.
WHEN DOES CRIME EXIST?
Legal view point
- crime exist when proven by the court.
Acquisitive Crimes
Crime is one when committed, the offender acquires
something as a consequence of his criminal act.
Extinctive Crimes
The crime is extinctive when the result of criminal act is
destruction.
2. Acc. to Time or Period of Commission
Violent Crimes - Violent crimes are criminal acts, which in the threat of or actual
physical harm by an offender to a victim.
Violent acts are in the forms of:
Interpersonal Violence - Forcible Rape. Murder, Serious Assault, Family Violence,
Robbery
Political Violence - Terrorism
Collective Violence - Riots, Mobs, Crowds, Urban Violence
VIOLENT CRIMES (INDEX CRIMES)
Murder – is the unlawful killing of human being with malice and with the “act of
violence”.
Serial Murder – an act involving killing of several victims in three or more
separate incidents over a week, a month or year.
Mass Murder – it is the killing of four or more victims at one location with one
event.
Spree Murder – the killing of in two or more locations with almost no time
break between murders.
Homicide and Assault
Robbery
Family Violence
Child Abuse – an attack or assault of an adult against the defenseless or people who
cannot defend themselves, usually by a parent to a child.
Property Crimes - are crimes of economic interest. It includes those
crimes that would most commonly be categorized as theft in ordinary
language
Social Definition: A person who violated a social norm or one who did
an anti-social act.
Recidivist – one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced
in the same title of the revised penal code.
Types of Violent Offenders
2. Spicific Deterrence
- refers to the effects of legal punishment on
those individuals who actually undergo the punishment.
JUSTICE MODEL
It is the rejection of all hopes for rehabilitation
and the indeterminate sentence.
Sometimes called:
1. Communicative Justice
2. Reintegrative Justice
3. Redemptive Justice
RA 6506
An Act Creating the Board of Examinations for Criminologists in
the Philippines and for other purposes.
RA 11131
An Act Regulating the Practice of Criminology Profession in the
Philippines and Appropriating Funds therefor, repealing for the purpose
RA 6506, “An Act Creating the Board of Examiners for Criminologist in
the Philippines"
Also known as “The Philippine Criminology Profession Act of
2018”
Criminology refers to the scientific study of crimes, criminals,
and victims and criminal behavior. It also deals with the
prevention, and solution of crimes.
(sec. 4 IRR)
Registered Criminologist refers to a natural person who
holds a valid certificate of registration and an updated
professional identification card as criminologist issued by the
Board and the Commission pursuant to this Act.
Section 3. Objectives. - This Act shall govern:
a) The examination, registration and licensure for criminologists;
(b) The supervision, control and regulation of the practice of
criminology;
(c) The standardization and regulation of criminology education;
(d) The development of the professional competence of
criminologists through Continuing Professional Development
(CPD); and
(e) The integration of all criminology professional groups, and
membership of all registered criminologists to the accredited
professional organization.
Accredited Integrated Professional Organization (AIPO)
Refers to the one and only recognized and accredited integrated
national organization of criminologists, as endorsed by the Professional
Regulatory Board subject to the approval of the Professional Regulation
Commission (PRC).
a. Natural persons:
(1) Duly registered criminologists and holders of valid certificates of
registration and valid professional identification cards issued by the
Board and the Commission pursuant to this Act; and
(2) Holders of valid temporary/special permits issued by the Board
and the Commission to foreign licensed criminologists pursuant to
this Act.
(b) Juridical persons:
(1) Single proprietorship whose owner and technical staff are
registered criminologists;
(2) Partnership duly registered with the Securities and Exchange
Commission (SEC) as professional partnership pursuant to the Civil
Code and composed of partners majority of whom are registered
criminologists;
(3) Corporation duly registered with the SEC as engaged in the
practice of criminology and with officers and Board of Directors who
are all registered criminologists; and
(4) Association and cooperative duly registered with the appropriate
government agency as a non-stock corporation where majority of the
officers, Board of Trustees and members are registered criminologists.
Section 29. Foreign Reciprocity.
- No foreigner shall be allowed to take the licensure
examination for criminologists, register, receive ones certificate of
registration and professional identification card, and practice
criminology in the Philippines unless the requirements for the
licensure examination and/or registration and practice of
criminology imposed under the laws and regulations in the foreign
country/state are substantially the same as those required and
contemplated by the Philippine laws and regulations, and unless
the foreign laws and regulations allow Philippine citizens to practice
criminology within the territory of the foreign country/state on the
same basis and grant the same privileges as those enjoyed by the
citizens, subjects or nationals thereof.
Section 30. Practice Through Temporary/Special Permit. -
Temporary/Special permit may be issued by the Board subject to
the approval by the Commission and payment of fees the latter has
prescribed and charged thereof to the following:
a. Registered criminologists from foreign countries/states whose
services are rendered either for free or for a fee:
(1) If they are internationally known criminologists or experts
in any branch, specialty or allied field of criminology; and
(2) If their services are urgently and importantly required for
lack or inadequacy of available local specialists or experts; or for
the promotion or advancement of the practice of criminology
through transfer of technology;
(b) Registered criminologists from foreign countries/states
whose services shall be free and limited to indigent
patients in a particular hospital, center or clinic; and