Criminology Area
Criminology Area
CRIMINOLOGY DEFINED
● According to R.A 11131 it refers to the scientific study of crimes, criminals,and victims, it also
deals with the prevention, and solution of crimes.
● According to Edwin H. Sutherland, “Criminology is 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 the society’s reaction towards the breaking of laws.”
● Criminology is a body of knowledge regarding crimes, criminals and the efforts of society to
prevent and repress them.
● The scientific study of the causes of crime in relation to man and society who set and define rules
and regulations for himself and others to govern.
● It is a multi-disciplinary study of crimes. This means that many discipline are involved in the
collection of knowledge about criminal action including the following:
1. SOCIOLOGY- Sociological Criminology is the study of crime focused on the group of people
and society as a whole. It is primarily based on the examination of the relationship of
demographic and group variables to crimes
3. PSYCHIATRY- Psychiatric Criminology is the science that deals with the study of crime
through forensic psychiatry, the study of criminal behavior in terms of motives and drives that
strongly relies on the individual.
4.
SCOPE IN THE STUDY OF CRIMINOLOGY
● Criminal demography – the study of the relationship between criminality and population.
● Criminal epidemiology – the study of the relationship between environment and criminality.
● Criminal ecology – the study of criminality in relation to the spatial distribution in a community.
● Criminal physical anthropology – the study of criminality in relation to physical constitution of
men.
● Criminal psychology – the study of human behavior in relation to criminality.
● Criminal psychiatry – the study of human mind in relation to criminality.
● Victimology – the study of the role of the victim in the commission of a crime.
ORIGIN OF THE WORD “CRIMINOLOGY”
Etymologically, the term criminology came from the Latin word “crimen” meaning crime and Greek
word “Logos” which means “to study”. In 1885, Rafael Garofalo, an Italian Law Professor coined the
term criminologia.In 1889, Paul Topinard, French Anthropologist, used the term criminology in
French criminologie for the first time.
● CULTURAL CONFLICT
A clash between societiesBecause of; contrary beliefs variance in their respective customs, langu
● DELUSION A false belief about self, caused by morbidity, present in paranoia and dementia
praecox.Paranoid disorderFalse beliefs that conflict with reality.
● EPISODIC CRIMINAL A non-criminal-person who commits a crime when under extreme
emotional stress.
● HEREDITARY Have been believed to share about equally in determining disposition, that is,
whether a person is cheerful or gloomy, his temperament and his nervous stability.Capable of
passing, naturally from parent to offspring through genes,
● MASOCHISM A condition of sexual perversion in which a person derives pleasure from being
dominated or cruelly treated.
● SADISM Derivation of sexual gratification from the infliction of physical pain or humiliation on
another person.
● MEGALOMANIA A mental disorder in which the subject thinks of himself great or exalted.
● ANTHROPOLOGY Science devoted to the study of mankind and its development in relation to
its physical, mental and cultural history.
● BIOMETRY a measuring or calculating of the probable duration of human life; the attempt to
correlate the frequency of crime between parents and children or brothers and sisters.
● BIOSOCIAL BEHAVIOR A person's biological heritage, plus his environment and social
heritage influence his social activity.
9. Service Crimes - are those committed through rendition of a service to satisfy desire of another.
● CRIMINAL BEHAVIOR - Refers to the conduct of an offender that leads to the commission of
an unlawful act.
● BEHAVIOR - Refers to actions or activities, it is observable actions and reaction that can be
seen and verified.
● NORMS - refers to the expected behaviors, actions, and choices within a specified space.
● DEVIANCE - According to Conflict Theory of Deviance claims that deviance is the result of
inequality in society.
CLASSIFICATION OF BEHAVIOR
1. NORMAL BEHAVIOR - (adaptive or adjusted behavior) they are totally accepted behavior
because they follow the standard norms of the society.
KINDS OF BEHAVIOR
ASPECT OF BEHAVIOR
1. Intellectual aspect - this aspect pertains to our way of thinking, reasoning and solving problem.
2. Emotional aspect - this aspect pertains to our feelings, moods and temper.
3. Social aspect - this aspect pertains how we interact with other people.
4. Moral aspect - this aspect refers to our conscience and concept on what is good or bad.
5. Psychosexual aspect - this aspect pertains to our being a man or a woman and the expression of love.
6. Political aspect - this aspect pertains to our ideology towards society or government.
7. Value/attitude - this pertains to our interest towards something, our likes and dislikes.
APPROACHES OF CRIME
Subjective approaches - It deals mainly on the biological explanation of crimes, focused on the forms
of abnormalities that exists in the individual criminal before, during and after the commission of crime.
● Medical approach - the application of medical examinations on the individual criminal explain
the mental and physical condition of the individual prior and after the commission of crime.
● Biological approach - the evaluation of genetic influences to criminal behavior. It is noted that
heredity is one force pushing the criminal to commit crime.
● Physiological approach - the study on the nature of human being concerning his physical needs
in order to satisfy his wants.
● Psychiatric approach - the explanation of crimes through diagnosis of mental diseases as the
cause of criminal behavior.
Objective approach - It deals on the study of groups, social processes and institution as influences to
behavior.
● Economic approach - it deals with the explanation of crime concerning financial security of
inadequacy and other necessities to support life as factor to criminality.
1.MENTAL DEFICIENCY - Is a condition of incomplete development of the mind existing before the
age of 18, whether arising from inherent causes or induced by disease or injury.
● IDIOTS- they are unable to guard them selves against common physical dangers. Their
mentality is compared to 2 years old person.
● IMBECILES - a person not amounting to idiocy but they are incapable of managing themselves
or their affair. Their mentality is like a child of 2 to 7 year's old.
● FEEBLEMINDED PERSONS - a person not amounting to imbecility, but yet pronounced that
they require care, supervision, and control for their own or for the protection of others.
● MORAL DEFECTIVENESS - person wherein mental defect exists coupled with strong vicious
or criminal propensities, who require care and supervision, and control for their own or for the
protection of others.
4.PSYCHOPATHIC PERSONALITY - This is the most important cause of criminality among youthful
offendera and habitual criminals. It is characterized by infantile level of response, lack of conscience,
deficient feelings of affection to others and aggression to environment and other people.
TYPE OF EPILEPSY
1. GRAND MAL - there's is compleloss of consciousness and general contraction of the muscles.
2. PETIT MAL - mild or complete loss of consciousness and contraction of muscles.
3. JACKSONIAN TYPE- localized contraction of muscles with or without loss of consciousness.
7.DRUG ADDICTION - this is a form of vice which causes strong mental disturbance.
VICTIMOLOGY
● Is the study of the role of the victim in the commission of a crime.
● Is simply the study of victims of crimes and their contributory role, if any in
crime causation.
● It is also the scientific process of gaining substantial amounts of knowledge
on the offender characteristics by studying the nature of victims.
CRIME
● refers to an act committed or omitted in violation of public law.
● It also refers to an act committed or omitted in violation of a public law forbidding or
commanding it.
● Crime or public offense is an act committed or omitted in violation of a law
forbidding or commanding it.
● Act – must be overt or external. Any body movement tending to produce an effect.
● Omission – inaction or failure to perform a positive duty which one is bound to do.
● The term Crime is generic from felony, offense, infraction, and delinquency.
● Felony – refers to an act or omission punishable under Act No. 3815 or the Revised Penal Code.
● Offense – pertains to an act or omission punishable by special law.
● Infraction A breach, violation or infringement as of a law, a contract, a right or duty. A breach
of the municipal or city ordinance.
● Delinquency Failure, omission, violation of law or duty, state or condition of one who has
failed to perform his duty or obligation.
● Anti-social act or behavior which deviate from the normal pattern of rules and regulations,
customs and cultures which society does not accept.
Conflict View of Crime – consider the definition of crime is controlled by those who possess wealth,
power, and position.
● The law is tool of the ruling class
● Crime is politically defined crime concept
● “Real Crimes” are not outlawed
Interactionist View of Crime – regard that crime is similar to the conflict perspective; both
suggest that behavior should be outlawed when it offends people who maintain social, economic, and
political power necessary to have the law conform to their interest needs.
● Moral entrepreneurs define crime
● Crimes are illegal because society defines them that away
● Criminal label is life-transforming event
CLASSIFICATION OF CRIMES
LEGAL CLASSIFICATIONS:
4. According to plurality:
● Simple Crime – is a single act constituting only one offense.
● Complex Crime – single act constituting two or more grave felonies or an is a
necessarymeans for committing the other.
5. According to gravity:
● Grave felonies - are those to which the law attaches the capital punishment or penalties which
inany of their period are afflictive.
● Less grave felonies - are those which the law punishes with penalties which in their maximum
period are correctional.
● Light felonies - are infraction of laws for the commission of which the penalty of arresto menor
or a fine not exceeding 200 pesos or both is provided.
● Mala prohibita – are acts which are prohibited only because there are laws forbidding such
acts. Examples are Illegal Possession of firearms, Traffic Violations, etc.
CRIMINAL
● in the legal sense, a criminal is any person who has been found to have committed a wrongful act
in the course of the standard judicial process; there must be a final verdict of his guilt
● in the criminological sense, a person is already considered a criminal the moment he committed a
crime.
CLASSIFICATIONS OF CRIMINALS
1. According to etiology
● Acute criminal – is a person who committed crime as a result of reacting to a situation or during
amoment of anger or burst of feeling.
● Chronic criminal – is one who committed a crime with intent or deliberated thinking.
● Ordinary criminal – a criminal who engages in crimes which do not require specialized or
technical skill.
● Organized criminal – one who possesses some skills and know-how which enable him to
commit crimes and evade detection.
● Professional criminal – highly skilled criminals who are engaged in large-scale criminal
activities and usually operate in groups.
● Professional criminal – a criminal who earns his living through criminal activities.
● Situational criminal – a person who got involved in a criminal act because the situation
presented itself.
● Habitual criminal – one who repeatedly commits criminal acts for different reasons.
● Accidental criminal – a person who accidentally violated the law due to some circumstances.
● Recidivist - is 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.
● Quasi-recidivist - a person, after having been convicted by final judgment, shall commit a new
felony before beginning to serve such sentence, or while serving the same.
● Reiteration - refers to the circumstance when offender has been previously punished: (a) by an
offense to which the law attaches an equal or greater penalty; or (b) for two or more crimes to
which it attaches a lighter penalty.
CRIMINAL LAW
– is that branch of public law that defines crimes, treats of their nature, and provides for their punishment.
3. CONSTITUTION
- The Constitution traditionally describes the form of government, and the authority by which that
government exercises its power over the state, including the different branches of the Executive, its
agencies, and independent commissions. Constitutions and their principles mandate the rule of law
Republic Acts – are special laws which were passed after the 1987 Philippine Constitution. Presidential
Decrees – are special laws which were passed during the Martial Law/
Executive Orders – of former President Corazon C. Aquino during her incumbency.
Other Special Penal Laws – passed by the Philippine Commission, Philippine Assembly,
Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa.
1. Generality – the law is applicable to all persons within the territory irrespective of sex, race,
nationality, or civil status except:
a. Head of state
b. Foreign diplomats, ambassadors, who are duly accredited to our country
c. Foreign troops permitted to march within the territory
2. Territoriality - the RPC is applicable to felonies committed within the Philippine territorial
jurisdiction.
a. Philippine archipelago – all the islands that comprise the Philippines
b. Atmosphere water – all bodies of water that connect all the islands such as bays, rivers, and streams
c. Maritime zone – the twelve (12) Nautical Mile limit beyond our shore measured at low tide.
3. Prospectivity - means the law acts or omissions will only be subject to a penal law if they are
committed after a penal law had already taken effect. Vice-versa, this act or omission which has been
committed before the effectivity of a penal law could not be penalized by such penal law. Exception: (1)
when new statute it is favorable to the accused and (2) the accused is not a habitual delinquent (Article 22
of RPC).
Theory – a set of statements devised to explain behavior, events, or phenomenon, especially one that has
been repeatedly tested and widely accepted.
● This school of thought is based on the assumption that individuals choose to commit crimes
after weighing the consequences of their actions. According to classical criminologists,
individuals have free will.They can choose legal or illegal means to get what they want,
fear of punishment can deter them from committing crime and society can control
behaviour by making the pain of punishment greater than the pleasure of the criminal gains.
● This theory, however, does not give any distinction between an adult and a minor or a
mentally-handicapped in as far as free will is concerned.
● FREE WILL (Beccaria) Human can differentiate between right from wrong, so they commit
crime on their discretion.
● LOGOMACY Nullum crimen nulla poena sine lege”or there is no crime where there is no law
punishing it.
JEREMY BENTHAM (1748-1832)
● his contribution to classical school of criminology is the concept of utilitarianism and the felicific
calculus.
● proposed “Utilitarian Hedonism” which explains that person always acts in such a way to
seek pleasure and avoid pain.
● founded the concept of UTILITARIANISM – assumes that all our actions are calculated
in accordance with their likelihood of bringing pleasure and pain
● devised the pseudo-mathematical formula called “felicific calculus” which states that individuals
are human calculators who put all the factors into an equation in order to decide whether a
particular crime is worth committing or not
● he reasoned that in order to deter individuals from committing crimes, the punishment, or pain,
must be greater than the satisfaction, or pleasure, he would gain from committing the crime
HEDONISM (Bentham) Belief that people choose pleasure and avoid pain
Utilitarianism– is a philosophy which argues that what is right is the one that would cause the greatest
good for the greatest number of people.
Felicific Calculus or the pleasure-and-pain principle – is a theory that proposes that individuals
calculate the consequences of his actions by weighing the pleasure (gain) and the pain (suffering) he
would derive from doing the action
● Neo Classical argument became the basic principles of judicial and legal systems of western
civilization during the last century, and even up to present.
● The Neo Classical of Criminology argued that situation of circumstances that made it possible to
exercise free will are reasons to exempt the accused from conviction.
Cesare Lombroso
● recognized as the “Father of Modern and Empirical Criminology” due to his application of
modern scientific methods to trace criminal behavior, however, most of his ideas are now
discredited.
● known for the concept of atavistic stigmata (the physical features of creatures at an earlier stage
of development).
● he claimed that criminals are distinguishable from non-criminals due to the presence of atavistic
stigmata and crimes committed by those who are born with certain recognizable heredity traits.
● According to his theory, criminals are usually in possession of huge jaws and strong canine teeth,
the arm span of criminals is often greater than their height, just like that of apes who use their
forearms to push themselves along the ground.
● other physical stigmata include deviation in head size and shape, asymmetry of the face,
excessive dimensions of the jaw and cheekbones, eye defects and peculiarities, ears of unusual
size, nose twisted, upturned or flattened in thieves, or aquiline or beaklike in murderers, fleshy
lips, swollen and protruding, and pouches in the cheek like those of animal’s toes.
● Lombroso’s work supported the idea that the criminal was a biologically and physically inferior
person.
Phrenology - study of the shape of the skull and bumps of facial features. The study of facial features.
Phrenology, Craniology or Cranioscopy – the study of the external formation of the skull
inrelation to the person’s personality and tendencies toward criminal behavior
Physiognomy - to judge, interpret, or assess a person's character or personality from his or her outer
appearance, especially the face. This study and science were used by Beccaria (1764) and Lavater (1175)
to discover the character of a person.
Enricco Ferri
● he focused his study on the influences of psychological factors and sociological factors such as
economics, on crimes.
● He believed that criminals could not be held morally responsible because they did not choose to
commit crimes, but rather were driven to commit crimes by conditions in their lives.
Raffaelle Garofallo
● He treated the roots of the criminals’ behavior not to physical features but to their psychological
equivalent, which he referred to as moral anomalies.
● He rejected the doctrine of free will.
● Classified criminals as Murderers, Violent Criminals, Deficient Criminals, and Lascivious
Criminal.
SECTION 1. Title. - This Act shall be known as "The Philippine Criminology Profession Act of
2018".
SEC. 2. Statement of Policy. - The State recognizes the importance of criminology profession in national
security, public safety, peace and order, and in nation-building and development. Hence, it shall develop
and nurture competent, virtuous, productive and well-rounded criminologists whose standards of
professional practice and service shall be excellent, qualitative, world-class and globally competitive
through sacred, honest, effective and credible licensure examinations, coupled with programs and
activities that would promote professional growth and development.
SEC. 3. Objectives. - This Act. shall govern:
(d) The development of the professional competence of criminologists through Continuing Professional
Development (CPD): and
SEC. 4. Definition of Terms. - As used in this Act, the following terms shall be defined as follows:
(a) APO refers to the Accredited Professional Organization of criminologists. that the Professional
Regulatory Board of Criminology created hereunder and, hereinafter referred to as the Board, as the one
and only recognized and accredited integrated national organization of criminologists, subject to the
approval of the Professional Regulation Commission (PRC) hereinafter referred to as the Commission
created under Republic Act No. 8981, otherwise known as the "PRC Modernization Act, of 2000":
(b) Board refers to the Professional Regulatory Board for Criminologists created hereunder;
(c) CHED refers to the Commission on Higher Education (CHED) created under Republic Act No. 7722.
otherwise known as "Higher Education Act of 1994", in the formulation of policy standards, and
monitoring of the criminology education in the country, which shall be assisted by the Criminology
Technical Panel composed of the president of the APO, Chairperson of the Board of Criminology, one (1)
from the academe, and two (2) from the law enforcement, agencies;
(d) Commission refers to Professional Regulation Commission (PRC) hereinafter referred to as the
Commission created under Republic Act No. 8981, otherwise known as the "PRC Modernization Act of
2000;
(e) Criminology refers to the scientific study of crimes, criminals, and victims, it also deals with the
prevention, and solution of crimes;
(f) Profession refers to the art and science in the practice of criminology discipline; and ,
(g) 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.
SEC. 5. Scope of Practice. — The practice of criminology shall include, but shall not be limited to, acts
or activities performed:
(a) In line with the practice of profession or occupation as a law enforcement administrator, executive,
adviser, consultant, officer, investigator, agent or employee in any private or government agencies
performing law enforcement and quasi-police functions at the Philippine National Police (PNP), the
National Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA), the Bureau of
Fire Protection (BFP), the Bureau of Jail Management and Penology (BJMPj, the Provincial Jail, the
Bureau of Corrections (BUCOR), the Probation and Parole Administration (PPA), the Bureau of Internal
Revenue (BIR), the Bureau of Customs (BoC). the Bangko Sentral ng Pilipinas (BSP), other government
and private banks, the Philippine Postal Corporation (PPC), the Sea and Air Marshalls. the VIP Security,
Airport and Seaport Police, the National Intelligence Coordinating Agency (NICA). the Intelligence
Service of the Armed Forces of the Philippines (ISAFP), and other intelligence service or agencies of the
government exercising similar functions;
(b) In line with the practice of teaching profession such as those performed by a professor, instructor or
teacher in any university, college or school duly recognized by the government of any of the following
professional and component subjects of the criminology program: (1) Criminal Jurisprudence and
Procedure; (2) Criminalistics; (3) Law Enforcement Administration; (4) Crime Detection and
Investigation; (5) Correctional Administration: and (6) Criminal Sociology and Ethics, and other
technical and specialized subjects in the criminology curriculum provided by the CHED;
(e) As a counsellor, consultant, adviser or researcher in any government or private agency on any aspect
of criminological research or project involving the causes of crime, children in conflict with the law,
treatment of offenders, police operations, law enforcement administration, scientific criminal
investigation or public safety and national security administration; and
(f) As a private investigator, administrator, consultant or agent, or detective in any private security and
investigation agency organized under the laws of the Philippines.
The Board, in consultation with the APO and the academe, subject to the approval of the Commission,
may revise, exclude from or add to the above enumerated acts or activities as the need arises to conform
with the latest trends in the practice of criminology in the country.
SEC. 6. Creation and Composition of the Professional Regulatory Board for Criminologists. - There
is hereby created a Professional Regulatory Board for Criminologists, a collegial body tinder the
administrative supervision and control of the Commission, to be composed of a Chairperson and four (4)
members appointed by the President of the Philippines from a list of three (3) recornmendees for each
position, chosen and ranked by the Commission from a list of three (3) nominees every position endorsed
by the APO. The new Board shall be organized not later than six (6) months from the effectivity of this
Act.
SEC. 8. Term of Office. - The Chairperson and members of the Board shall hold office for a term of
three (3) years from the date of appointment or until their successors shall have been qualified and
appointed. They may be reappointed to the same office for another term of three (3) years immediately
after the expiry of their term: Provided, That the holding of such position shall not be more than two (2)
terms nor more than six (6) years, whichever is longer: Provided, further, That the first Board under this
Act shall hold these terms of office: the Chairperson for three (3) years, the first two (2) members for two
(2) years, and the second two (2) members for one (1) year: Provided, finally, That any appointee to a
vacancy with an unexpired period shall only serve such period. The Chairperson and the members shall
duly take their oath of office.
SEC. 9. Compensation, Allowances and Other Benefits. - The Chairperson and members of the Board
shall receive compensation, allowances and other benefits comparable to that being received by the
Chairpersons and members of other Professional Regulatory Boards under the Commission as provided
for under Section 10 of Republic Act No. 8981 and other existing laws.
SEC. 13. Passing of Licensure Examination Requirements. - Except as otherwise specifically allowed
under this Act, applicants for registration for the practice of criminology shall be required to pass a
licensure examination as provided for in this Act, in such places and dates as the Commission may
designate in the resolution thereof on the Master Schedules for all licensure examinations in accordance
with Section 7(d) of Republic Act No. 8981.
SEC. 14. Qualifications of an Applicant for the Licensure Examination. - An applicant for the
licensure examination for criminologist shall satisfactorily prove that one possesses the following
qualifications:
(a) Must be a citizen of the Philippines or a foreign citizen whose country/state has reciprocity with the
Philippines in the practice of criminology;
(b) Must be of good moral character, good reputation and of sound mind and body certified by the school
where he/she graduated and the barangay where he/she lives, unless the examinee is a foreign national a
certification from any professional of good standing will do;
(c) Must, hold a bachelor's degree in criminology duly accredited by the CHED and conferred by a
school/college/ university duly authorized by the government or its equivalent degree obtained by either a
Filipino or foreign citizen from an institution of learning in a foreign country/state: Provided, That it is
duly recognized and/or accredited by the CHED;
(d) Must not have been convicted of an offense involving moral turpitude by a court of competent
jurisdiction; and
(e) Those who failed five (5) times whether consecutive or cumulative in the criminologist licensure
examination, must present a certification issued by a reputable institution duly recognized by the CHED
that such applicant has satisfactorily completed a refresher course in criminology.
SEC. 17. Rating in the Licensure Examination. To pass the licensure examination for criminologist, a
candidate must obtain a weighted average rating of seventy-five percent (75%) with no grade less than
sixty percent (60%) in any given subject. In case the examinee obtains a weighted average rating of
seventy-five percent (75%) but, has a grade below sixty percent (60%) in any of the subjects, the result of
the examinee shall be deferred, and be required to retake that particular subject/s. The deferred examinee
shall only be allowed to retake once within two (2) years from the date of the examination, and shall be
required to obtain a grade not lower than eighty percent (80%) on the subject, to be considered to have
passed the licensure examination. If the examinee failed to retake after the lapse of two (2) years or failed
to get the passing mark of eighty percent (80%), the examinee shall retake all the board subjects.
Any examinee who failed three (3) or more board subjects shall be deemed to have failed the board
examination.
SEC. 34. Privileges of Registered Criminologists. - All registered criminologists shall be exempt from
taking any other entrance or qualifying government or civil service examinations and shall be considered
civil service eligible to the following government positions, among others; (1) Dactylographer; (2)
Ballistician; (3) Questioned Document Examiner; (4) Forensic Photographer; (5) Polygraph Examiner; (6)
Probation Officer; (7) Parole Officer; (8) Special Investigator; (9) Special Agent; (10) Investigative
Agent; (11) Intelligence Agent; (12) Law Enforcement Evaluation Officer; (13) National Police
Commission (NAPOLCOM) Inspector; U) Traffic Operation Officer; (15) Associate Graft Investigation
Officer; (16) Special Police Officer; (17) Safekeeping Officer; (18) Sheriff; (19) Security Officer; (20)
Criminal Investigator; (21) Warden; (22) Reformation Officer; (23) Firefighter; (24) Fire Marshall: (25)
Jail Officer up to the rank of Jail Superintendent; (26) Police Officer up to the rank of Police
Superintendent and other law enforcement agencies, and agencies under the Criminal Justice System.
CHAPTER 1
PHILOSOPHY OF SOCIAL NORMS, ETHICS, HUMAN MIND, HUMAN BEHAVOIR AND
CRIMINAL BEHAVIOR
INTRODUCTION
Crime has been subject to variety of definitions and interpretations. For the scholar,
crime can be a drama, a conflict between good and evil like those portrayed in the greek
tragedies, Shakespeare’s Macbeth, and Dostoyevsky’s Crime and Punishment. To the
moralist and reformer, crime is a manifestation of spiritual depravity, it is a festering
disease of the soul that must be eradicated by the powers of restraint and virtue.
According to Elmer Hubert Johnson. “crime is an act with the group (society) regards as
sufficiently menacing to its fundamental interests, to justify formal reaction to restrain the
violator”.
In Oxford Companion to Law, crime has been defined as “an act done in violation of
those duties which an individual owes to then community and for the breach of which the
law has provided that the offenders shall satisfy the public”.
According to Islamic philosophy, every act is crime, which leads to minutest violation of
prescribed patterns of Muslim Society, whereas that done in violation of the injunctions
of Holy Quran and Sunnah has been described as sin, of which mankind will be made
accountable only on the day of judgement. In this sense, Islamic is also bent towards
definition.
According to Christian Philosophy, crime is equated with sin, with the violations of a
natural law and the law of the land, the Ten Commandments or the proscriptions
embodied in the bible is also violated.
The statement that we would have no crime if we had no criminal laws and that we could
eliminate all crime merely by abolishing all criminal laws is logomacy. It is true that if the
laws against stealing were repealed, stealing would not be a crime, but it would still be
offensive and the public would react to it by lynch law and public disgrace. The name of
behaviour would be changed but the behavior but the behaviour and the societal
reaction to the behaviour would remain essentially unchanged.
Emile Durkheim said, even a society composed of persons possessing angelic qualities
would not be free from violations of the norms of that society. He asserted that
enforcement of public morality is necessary for social solidarity, which is symbolized by
penal law. The fact remains that crime is a phenomenon, which is of primary concern to
every member of the human society.
Approaches to ethics
Philosophers nowadays tend to divide ethical theories into three areas: meta-ethics, normative
ethics and applied ethics.
Meta-ethics deals with the nature of moral judgement. It looks at the origins and
meaning of ethical principles.
Normative ethics concerned with the content of moral judgements and the criteria for
what is right or wrong.
Applied ethics looks at controversial topic like war, animal rights and capital
punishment.
MALADJUSTED PERSON – is an individual whose tendency temperament is extreme or
whose tendencies are in conflict to the extent that tension, strain, or anxiety is characterized as
such. His personality is not well integrated, and other things being equal, he will be less
satisfactory as an employee.
THE STUDY OF CRIMINAL BEHAVIOR
CRIMINAL PSYCHOLOGY – is a sub-field of general psychology where criminal behavior is
only, in part by which phenomena psychologist choose to study. It may be defined as the study
of criminal behavior, the study of criminal conduct and activities in an attempt to discover
recurrent patterns and to formulate rues about his behavior.
BEHAVIOR – refers to action or activities.
1. OVERT BEHAVIOR – behavior that are outwardly manifested or those that are directly
observable.
2. COVERT BEHAVIOR – behavior that are hidden.
3. CONSCIOUS BEHAVIOR – where acts are within the level of awareness.
4. UNCONSCIOUS BEHAVIOR – when acts are embedded in one’s subconscious –
unaware.
5. RATIONAL BEHAVIOR – when a person acted with sanity or reason.
6. IRRATIONAL BEHAVIOR – when a person acted with no apparent reason or
explanation.
7. VOLUNTARY BEHAVIOR – is an act done with full volition of will such as when we
discriminate, decide or choose.
8. INVOLUNTARY BEHAVIOR – refers to the bodily processes that foes on even when we
are awake or asleep like respiration, and digestion.
ASPECTS OF BEHAVIOR:
1. Intellectual aspect - this aspect of behavior pertains to our way of thinking, reasoning,
solving problem, processing info and coping with the environment.
2. Emotional aspect - this pertains to our feelings, moods, temper, and strong motivational
force.
3. Social aspect - this pertains to how we interact or relate with other people.
4. Moral aspect - this refers to our conscience and concept on what is good or bad
5. Psychosexual aspect - this pertains to our being a man or a woman and the expression of
love.
6. Political aspect - this pertains to our ideology towards society or goverment.
7. Value/attitude - this pertains to our interest towards something, our likes and dislikes.
Criminal Behavior
Legal: Criminal behavior refers to actions that are prohibited by the state and punishment under
the
law.
Criminal Behavior
- refers to antisocial acts that place the actor at risk of becoming a focus of the attention of
criminal and juvenile justice professionals.
- Refers to acts that are injurious, prohibited under the law and that render the actor subject to
intervention by justice professionals.
- Criminal behavior refers to actions that may be rewarding to the action but that inflict pain or
one loss others. That is, Criminal behavior is anti-social behavior.
CHAPTER 2
FOUNDATIONS OF CRIME CAUSATION
Criminologists, just like other professionals, use scientific methods to study the nature, extent,
cause, and control of crimes. In this context, the topic at hand intenerous te sie of the four
aspects of criminological studies, that is, the "causes" of crime. Let us start our discussion by
defining key concepts under the topic:
Theory
A theory is said to be a set of assumptions, propositions, or accepted facts that attempts to
provide a rational explanation of cause and effect (causal) relationships among a group of
observed phenomena. In short, a theory is an idea or set of ideas that is intended to explain
facts or events.
Criminological Theory
- A proposition/assumption that attempts to explain criminal behavior (crime), and behaviors of
key actors (e.g. police, attorneys, prosecutors, judges/magistrates, social welfare officers,
victims/witnesses, accused and etc.,) in the criminal justice system. Basically, theories about the
causes of crime are based on religion, philosophy, biology, politics, economy, and social forces.
Crime
"Crime" is an act that the law makes punishable; the breach of a legal duty treated as the
subject-matter of a criminal proceeding. Generally, a crime is a violation of societal rules of
behavior as interpreted and expressed by the criminal law, which reflects public opinion,
traditional values, and the viewpoint of people currently holding social and political power,
Individuals who violate these rules are subject to sanctions by state authority, social stigma, and
loss of status.
CRIMINOLOGICAL THEORIES
A. DEMONOLOGY THEORY
Basis: Religious beliefs evil spirit/demons/satanic actions/theology/superstition/ supernatural
powers).
Theorists: St. Thomas Aquinas, St. Augustine (Augustine of Hippo) and etc.
School of Thought: Demonological / Pre-scientific School
Origin: Demonology is the most ancient theory of crime and dates back to pre-scientific age.
Ideas:
*Criminals are possessed by some evil spirit that force them to commit evil deeds.
* A Crime is not a product of free will, but rather fit is determined by forces beyond the control of
an individual i.e. deterministic approach.
* A crime is perceived as a sin, thus a handiwork of the devil/Satan.
* There are Godly and Satanic forces in the World.
* The Godly forces keep a man away from crime and help him to do good, whereas the devilish
forces distract man from the right path i.e. makes him commit crimes.
* The devil/demon takes possession of the soul of a man and makes him think and do wrong i.e.
he becomes reckless and is unable to foresee the consequences of his action.
* in that state, a man can be regarded as a passive agent only; the active agent (the demon) is
a force external to soul but which somehow enters a man and take possession of his soul.
Crime control:
To drive away the evil spirits/demons from the mind and/or body of a perceived criminal, the
following approaches may be adopted:- exorcising, lacerating, macerating, fasting, praying,
repenting (confessing), trephining, beating and burning of the possessed individual.
Critique: the theory's claims cannot be testable/proved scientifically, since it is based on faith.
Again, those who persist in claiming innocence were often thought to be completely under the
control of evil spirits, thus unable to tell the truth. Punishments imposed on criminals are said to
be arbitrary, irrational, cruel and barbaric.
The basis of the society, as well as the origin of punishments and the right to
punish, is the social contract
Critique:
Under the theory, juveniles are treated the same as adults, likewise first-time offenders
are treated the same as recidivists/repeated offenders (proportionality theory). Besides,
the theory focuses on the actus reus and ignored the mens rea.
Classical theory was difficult to apply in practice. It was modified in the early 1800s and
became known as Neoclassical Theory. Essentially, neoclassical theory is a
modification of classical theory in which it was conceded that certain factors, such as
insanity, might inhibit the exercise of free will.
Note: classical and neoclassical theory are the basis of the criminal justice system in the
USA.
Origin: the school is associated with the work of Cesare Lombroso (the Criminal Man),
who published his theory of a physical criminal type in 1876. Lombroso believed that
criminals are by birth a distinct type or spacies which can be recognized by physical
characteristics or stigmata such as; asymmetrical cranium, long lower jaw, flattered
nose, scanty beard, high cheekbones and low sensitivity to pain.
Branches: Biological Positivism I.e, Bio-social and Psychological Theory, Bio social and
psychological theory. Born Criminal (atavism/savage type/hereditary, Cognitive Theory,
Behavioral Theory, Ecological Theory, Evolutionary Theory, Trait Theory, and Arousal
Theory.
Ideas: Early biological theories viewed criminal behavior as the result of a defect in an
individual. This defect can be biological or genetic in nature, and serves to separate the
criminal from the law-abiding citizen.
Human behavior is determined and not a matter of free will. Likewise, the society is
based on consensus, but not on a social contract.
Criminals are fundamentally different from non-criminals.
Crime is frequently caused by multiple factors.
Basically, criminal behavior is the result of biological or inborn defects.
For instance, crimes may be caused by abnormality or low intelligence/Q, defective
chromosomes (e.g. XYY or XXY - aggressive/sexual offenders) - Klinefelter Syndrome,
psychological traits, mental illness, personality disorder, shape and appearance.
Psychoanalytic theorists (e.g. Sigmund Freud) believe that criminal behavior is the
result of a mental disturbance caused by a conflict between the id, ego, and superego,
or it may be the result of an improper fixation during a stage of emotional development.
Personality theorists believe that criminal behavior is the result of an improper or
defective personality or personality traits.
Instead of developing a conforming appropriate-social personality, a criminal develops
personality based upon conflict, impulsiveness, and aggression.
The criminal does not have the ability to feel empathy, remorse, or guilt for his or her
actions, and fails to develop a sense of right and wrong.
Crime Control:
The theory ignores the process by which behaviors are made illegal.
It assumes that most people agree about most things, most of the time.
Theorists believe that action is determined by causes independent of a person's
free will.
Note:
Contemporary biological theories concentrate more on variations in genetic and
other biological factors in interaction with the environment, and are less likely to
refer to biological defects or abnormalities.
Today, most criminologists believe that criminal behavior is the product of a
complex interaction between biology and environmental or social conditions.
Biology or genetics gives an individual a predisposition to behave in a certain
way.
Whether a person actually behaves in that way and whether that behavior is
defined as a crime depend on environmental or social conditions.
Branches: Critical Theory, Conflict Theory, Radical Theory, Radical and Critical
Feminism Theory, Left/British Realism, Peacemaking Theory, Power-Control Theory,
Postmodernism Theory, Re-integrative Shaming Theory, Restorative Justice, Structural
Theory/Marxism, Social Conflict Theory, Instrumental Theory/Marxism, and etc.
Ideas: Critical theories assume that human beings are the creators of laws, institutions
and structures that ultimately dominate and constrain them. Critical theories assume that
the society is characterized primarily by conflict over moral values and conflicts between
social classes.
The view that society is divided into two or more groups with competing ideas
and values.
Marxists believe that capitalism is the cause of crime and delinquency. This is
means that, political and socio-economic unrest, racism, class and gender
discrimination/patriarchy; and exploitation of the working
class/capitalism/marginalization lead to criminalty.
Crimes are either committed by the ruling class to keep the working class in
place, or by the working class to strike out against the ruling class.
The group(s) with the most power makes the laws and controls the society i.e.
criminal law and the criminal justice system are crafted and used by dominant
groups to control subordinate ones e.g. bourgeoisie and proletariat.
Groups lacking the formal power to make the rules still maintain their own group
norms, and continue in their behavior which may be viewed as crimes by the
larger society.
Confict theory proposes that the law and the criminal justice system primarily
embody the interests and norms of the most powerful groups in society, rather
than those of the society as a whole.
On the other hand, the Feminist theory questions whether or not theories of
crime developed by men and for men adequately explain female crime.
According to feminist theory, women can be treated less severely than men for
committing a crime, or more severely than men in an attempt to keep them
subservient to men.
Logically, feminists seek to understand why men traditionally commit so many
more crimes than women (gender differences in crimes), victimization of women,
and Gendered justice (differing treatment of female and male offenders and
victims by the criminal justice system).
The principal goal of most feminist theory is to abolish patriarchy by ensuring
women equal opportunity and equal rights.
Conversely, the Radical theorists define crime as any act which violates human
rights (e.g. sexism, racism, imperialism; and not prostitution, gambling, strikes,
homosexuality), thus to them, the current definition of crime supports the ruling
class.
Crime Control:
Karl Marx (Communist Manifesto, 1848), urges the lower class (especially, workers) to unite
against the ruling class, because they have nothing to lose but their chains of oppression.
Besides, Marxists scholars' advocates for socialism and communism as a solution to
imperialism/oppression and criminality. It is believed that an egalitarian society is free from
criminal activities.
Note: Subordinate groups appear in official criminal statistics more frequently, because the
dominant groups have control over the definition of criminality.
A criminal and criminality is a product of the society. Durkheim argued that crime is a
social fact, and the cause of crime is anomie.
Individuals do not simply become criminals by rational choice/free will, neither do they
commit crimes just because they were born criminals or out of being abnormal.
Criminality occurs as a result of group interaction and socialization process. Crime is a
result of an individual's location within the structure of society (socio-economic forces) -
poverty, peer and family relation, neighborhood, socialization, and group interaction.
In short, the theory attempts to show the relationship between social factors and crime.
Crime Control:
Theorists: William Sheldon, Eleanor Glueck, John Laub, Robert Sampson, Richard Herrnstein,
Travis Hirschi, and Michael Gottfredson.
School of Thought: Developmental Criminology/ Integrating Criminological Theories
Branches: Life Course Theory, Latent Trait Theory, Social Development Model, Interactional
Theory, General Theory of Crime and Delinquency/General Theory of Crime (GTC), Age-graded
Theory, Integrated Cognitive Antisocial Potential (ICAP) Theory, Differential Coercion Theory,
Control Balance Theory.
Ideas: Theoretical integration is the process of combining similar theories. The goal is to
produce a theory that is superior to any theory individually. It also recognizes the fact that new
theories are not created in isolation; and that they are created with the knowledge gained from
earlier theoretical exercises.
- Fetal Alcohol Syndrome (FAS) develops when fetuses are exposed to high levels of
alcohol in the womb. These children subsequently demonstrate developmental
delays and deviant behavior - including violence. Common cognitive problems
associated with FAS include leaming difficulties, poor impulse control, a need for
immediate gratification, speech problems and the inability to consider the long-term
consequences of one's actions. Research also suggests that a high proportion of
FAS children ultimately demonstrate aggressive behavior (see review in Fishbein,
2001).
- It is estimated that only one per cent of all children are born with Fetal Alcohol
Syndrome. However, studies also suggest that between 40 and 80 per cent of all
children in foster care are stricken with this disability. Studies also estimate that at
least half of all young offenders who appear in provincial or territorial courts had
mothers who drank heavily during pregnancy (Gideon et al., 2003).
Minimal Brain Dysfunction
- Minimal Brain Dysfunction (MBD) is related to abnormalities in cerebral structure. In
its most serious form, MDB is associated with severe anti-social behavior, including
hyperactivity, poor attention span, temper tantrums and aggressiveness. MDB has
also been linked to episodes of explosive rage and has often been viewed as a
significant predictor of both suicide and motiveless homicide. Some studies have
found that up to 60 per cent of prison inmates exhibit symptoms of Minimal Brain
Dysfunction (Seigel and McCormick, 2006; Monroe, 1978).
- at the University of Turin, Lombroso conducted his research in the Italian prison
system. As part of his work, he collected detailed anatomical measurements of
prisoners and compared them with measurements taken from ordinary* Italian
citizens. According to Lombroso, criminals possessed certain physical
characteristics (including long arms and fingers, sharp teeth, abnormal amounts of
body hair, extended jaws, etc.) that distinguished them from ordinary citizens. In
sum, he argued that criminals were atavists - biological throwbacks to an earlier
period of human evolution. He further maintained that these atavists engaged in
criminal activity, including violence, because it was instinctive for them to do so.
Finally, because they are the product of biological forces, Lombroso felt that
criminals lack free will and are thus not morally responsible for their actions.
A. BIOCHEMICAL CONDITIONS AND CRIME
Some biosocial theorists believe that biochemical conditions - including those acquired through
diet
- can control or influence violent behavior. Biochemical factors that might influence aggression
range from nutrition to allergies.
Nutritional Deficiencies
- Biocriminologists maintain that minimum levels of vitamins and minerals are required
for normal brain functioning. Medical research suggests that proper nutrition is
especially important during early childhood. Nutritional deficiencies at this stage in
child development can result in serious physical, mental and behavioral problems
(Liu and Wuerker, 2005; Neisser et al., 1996).
- Research also suggests that improving diet quality can reduce delinquency and
dramatically improve the mental funetioning and the academic performance of
adolescents (see Schoenthaler and Bier, 2000). Other studies indicate that
deficiencies in potassium, calcium, amino acids, sodium, peptides, and other
nutrients can lead to depression, mania, and cognitive problems. Such mental health
issues can, in tum, significantly increase the probability of violent behavior. Similarly,
studies have found a strong link between anti-social behavior and insufficient
quantities of vitamins B3, B6 and C (Siegel and McCormick, 2006; Liu and Wuerker,
2005; Krassner, 1986).
Diets high in sugar and carbohydrates have also been linked to violence, aggression and
other ehavioural issues (Gans, 1991). One experiment with incarcerated youths, for example,
found that reducing sweet foods and drinks in the prison diet produced a 45 per cent decline in
institutional violence (Schoenthaler and Doraz, 1983). However, more recent studies suggest
that most people with high sugar/carbohydrate diets never engage in serious violence and that,
for some individuals, sugar actually has a calming effect that reduces aggression (Gray, 1986;
Wolraich et al., 1994).
Hormonal Influences
In his manuscript entitled The Moral Sense, renowned criminologist James Q. Wilson argues
that hormones and neurotransmitters may explain gender differences in violent behavior. He
maintains that gender differences in exposure to androgens (male sex hormones) explain why
males are naturally more violent than females and why females are more nurturing and
empathetic (Wilson, 1993). Hormone levels have also been purported to explain the aging out of
violence. In other words, some scholars feel that the decrease in violent behavior with age is
directly related to age-related declines in androgen levels.
High testosterone levels are thought to increase the probability of violent behavior in three
distinct ways. First of all, the presence of male sex hormone is thought to decrease an
individual's sensitivity to adverse environmental stimuli. Those with high testosterone levels are
thus more likely to take risks, more likely to seek excess stimulation and more capable of
tolerating pain in their quest for thrills. Secondly, androgens are also linked to brain seizures
that, under stressful situations, can result in emotional volatlity. Finally, androgen exposure
causes neocortical functioning to be less concentrated in the leit hemisphere of the brain. The
left hemisphere of the neocortex, of course, is the part of the brain that determines sympathetic
feelings for others. Thus, these three factors, alone or in combination, may help explain the
apparent relationship between male hormone levels and violent behavior (Ellis, 2005).
It must be stressed that androgens are not the only hormonal risk factor associated with violent
behavior: It has long been suspected, for example, that the onset of the menstrual cycle often
triggers the release of excessive amounts of female sex hormones (estrogen and
progesterone). This rise in female homone levels may, in tum, contribute to an increase in anti-
social behavior. This phenomenon is commonly knowin as Premenstrual Syndrome (PMS). The
possible link between PMS and violerice was first documented in England, where studies
identified that women were more likely to commit suicide or engage in other aggressive
behaviors just before or during menstruation (see Dalton, 1971; Homey, 1978). More recently,
Diana Fishbein, a leading biocriminologist, documented that a disproportionate number of
incarcerated females committed their crimes during the premenstrual phase (see Fishbein,
2001; Fishbein, 1996).
In sum, although some research suggests that there may be a moderately strong relationship
between hormone levels and violence, criminologists remain cautious about the explanatory
power of this correlation. After all, the vast majority of males with high testosterone levels never
engage in serious violence. Likewise, the overwhelming majority of women experience their
menstruation cycle every month and never engage in aggressive behavior. Future research,
therefore, must better identify under what circumstances hormonal levels may increase the
probability of violent behavior.
Allergies
Allergies refer to reactions of the body to foreign substances (Seigel and McCormick, 2006).
Cerebral allergies cause a reaction in the brain. Neuroallergies affect the nervous system. Both
cerebral allergies and neuroallergies have been linked to mental, emotional, and behavioral
problems. A growing body of research suggests that there is also a link between allergies and
depression, hyperactivity, aggressiveness, and violence (Liu and Wuerker, 2005; Raine, 2002;
Marshall; 1993). Most cerebral allergies and neuroallergies are caused by exposure to certain
types of food - including milk, wheat, eggs, nuts and chocolate. Com, for example, is a
suspected cerebral allergen that has been linked to countries with higher than average homicide
rates (Mawson and Jacobs, 1978). The argument is not that allergies directly cause violence.
Rather, those suffering from the stress of a painful allergic reaction may be more likely to act
violently when presented with negative stimuli.
CHAPTER 4
CLASSICAL THEORIES OF CRIME CAUSATION
CHOICE THEORIES
- Choice theories assume criminals carefully chose whether to commit criminal acts,
and these theories include rational choice, routine activities, general deterrence,
specific deterrence, and incapacitation theories.
- People are influenced by their fear of criminal penalties associated with being
caught and convicted for law violations. Choice theories are predicated on the view
that the more severe, certain, and swift the punishment, the more likely it is to
control crime. They are rooted in the classical criminology of Beccaria and Bentham,
18th century social philosophers. Choice theorists view crime as offense and
offender-specific and cite research indicating that offenders consider their targets
carefully before deciding on a course of action. By implication, crime can be
prevented or displaced by convincing potential criminals that the risks of violating the
law exceed the benefits.
1. DETERRENCE THEORY
Deterrence theory holds that if criminals are indeed rational, an inverse relationship should exist
between punishment and crime. Specific deterrence theory holds that the crime rate can be
reduced if known offenders are punished so severely that they never commit crimes again.
Choice theories have been influential in shaping public policies, and criminal law is designed to
deter potential criminals and to fairly punish those have been caught in illegal acts. Some courts
have changed sentencing policies to adapt to classical principles, and the correctional system in
the United States seems focused on incapacitation and specific deterrence. The just desert view
is that criminal sanctions should be geared precisely to offense seriousness; people should be
punished on the basis of whether they deserve to punished for what they have done and not
because it may affect or deter their future behavior.
2. RATIONAL CHOICE THEORY
Rational choice theory is based on the fundamental tenets of classical criminology, which hold
that people freely choose their behavior and are motivated by the avoidance of pain and the
pursuit of pleasure. Individuals evaluate their choice of actions in accordance with each option's
ability to produce advantage, pleasure and happiness. Rational choice provides a micro
perspective on why individual offenders decide to commit specific crimes; people choose to
engage in crime because it can be rewarding, easy, satisfying and fun. The central premise of
this theory is that people are rational beings whose behavior can be controlled or modified by a
fear of punishment. In this way, it is believed offenders can be persuaded to desist from
offending by intensifying their fear of punishment. In terms of setting the quantum of
punishment, according to this theory, sanctions should be limited to what is necessary to deter
people from Choosing crime (Siegel and McCormick, 2006).
3. ROUTINE ACTIVITIES THEORY
Routine activities theory is a subsidiary of rational choice theory. Developed by Cohen and
Felson (1979), routine activities theory requires three elements be present for a crime to occur:
a motivated offender with criminal intentions and the ability to act on these inclinations, a
suitable victim or target, and the absence of a capable guardian who can prevent the crime from
happening. These three elements must converge in time and space for a crime to occur.
Routine activities theory provides a macro perspective on crime in that it predicts how changes
in social and economic conditions influence the overall crime and victimization rate. Felson and
Cohen (1980) postulate that criminal activities are a "structurally significant phenomenon,"
meaning that violations are neither random nor trivial events. In consequence, it is the routine of
activities people partake in over the course of their day and night lives that makes some
individuals more susceptible to being viewed as suitable targets by a rationally calculating
offender. Routine activities theory relates the pattern of offending to the everyday patterns of
social interaction. Crime is therefore normal and is dependent on available opportunities to
offend. If there is an unprotected target and there are sufficient rewards, a motivated offender
will commit a crime.
In terms of suitable targets, the choice is influenced by the offender's perception of the target's
vulnerability; the more suitable and accessible the target, the more likely that a crime will occur.
The number of motivated criminals in the population also affects crime levels. It is held that
offenders are less likely to commit crimes if they can achieve personal goals through legitimate
means. This implies that criminal motivations can be reduced if offenders perceive that there are
alternatives to crime.
The presence of capable guardians is also held to deter individuals from offending.
Guardianship can be the physical presence of a person who is able to act in a protective
manner or in the form of more passive mechanical devices such as video surveillance or
security systems. These physical security measures help limit an offender's access to suitable
targets. The essential aspect of routine activities theory is the interaction of motivation,
opportunity and targets. In this way, the presence of guardians will deter most offenders,
rendering even attractive targets off limits. Therefore, the presence of opportunity coupled with a
lack of guardianship increases criminal motivations and the likelihood of an offence taking place.
4. VICTIM PRECIPITATION THEORY
The victim precipitation theory suggests that the characteristics of the victim precipitate the
crime. That is, a criminal could single out a victim because the victim is of a certain ethnicity,
race, sexual orientation, gender or gender identity.
This theory does not only involve hate crimes directed at specific groups of people. It might also
involve occupations or activities. For example, someone who is opposed to his or her views may
target a political activist. An employee may target a recently promoted employee if he or she
believes they deserved the promotion.
5. LIFESTYLE THEORY
Lifestyle theory suggests that certain people may become the victims of crimes because of their
lifestyles and choices. For example, someone with a gambling or substance addiction could be
as an "easy victim" by a con artist.
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.
6. DEVIANT PLACE THEORY
There is some overlap between the lifestyle theory and the deviant place theory. The deviant
place theory states that an individual is more likely to become the victim of a crime when
exposed to dangerous areas. In other words, a mugger is more likely to target a person walking
alone after dark in a bad neighborhood. The more frequently a person ventures into bad
neighborhoods where violent crime is common, the greater the risk of victimization.
There is also some overlap between the deviant place theory and socioeconomic approaches to
victimization. Low-income households are more likely to be located in or near dangerous areas
of town, and individuals from poor socioeconomic backgrounds are less capable of moving
away from these dangerous areas.
7. GENERAL VS. SPECIFIC DETERRENCE THEORY
• General deterrence addresses the idea that punishing people who commit crimes will deter
people in general from committing those crimes. For example, if too many people are driving
drunk, sentences for drunk drivers may be increased over time in an effort to get the message
through that there will be consequences to those who drive drunk.
• Specific deterrence is about getting the message through to a particular offender that they will
be punished should they continue to commit further crimes. In other words, "You did this again,
so this time your punishment will be harsher in an attempt to convince you that you can't keep
doing this", with the implicit threat that a further offence will result in still harsher punishment.
8. INCAPACITATION THEORY
The idea of incapacitation rests on the premise that crime can be prevented by incapacitating
(through incarceration) dangerous offenders. Selective incapacitation is the idea that crime
control can be achieved most efficiently by selecting those offenders predicted to be the most
dangerous for lengthy incarceration. However, there are numerous operational, ethical, and
jurisprudential obstacles to implementing the theory of selective incapacitation in practice.
CHAPTER 5
PSYCHOLOGICAL THEORIES OF CRIME CAUSATION
PSCHOLOGICAL THEORIES
Introduction
Why do individuals commit crimes? At the same time, why is crime present in our society? The
criminal justice system is very concerned with these questions, and criminologists are
attempting to answer them. In actuality, the question of why crime is committed is very difficult
to answer. However, for centuries, people have been searching for answers (Jacoby, 2004). It is
important to recognize that there are many different explanations as to why individuals commit
crime (Conklin, 2007). One of the main explanations is based on psychological theories, which
focus on the association among intelligence, personality, learning, and criminal behavior. Thus,
in any discussion concerning crime causation, one must contemplate psychological theories.
When examining psychological theories of crime, one must be cognizant of the three major
theories. The first is psychodynamic theory, which is centered on the notion that an individual's
early childhood experience influences his or her likelihood for committing future crimes. The
second is behavioral theory. Behavioral theorists have expanded the work of Gabriel Tarde
through behavior modeling and social learning. The third is cognitive theory, the major premise
of which suggests that an individuals perception and how it is manifested (Jacoby, 2004) affect
his or her potential to commit crime. In other words, behavioral theory focuses on how an
individual's perception of the world influences his or her behavior.
Also germane to psychological theories are personality and intelligonoo. Combinad, thaos fiva
theories or characteristics (i.e., psychodynamic, cognitive, behavioral, personality, and
intelligence) offer appealing insights into why an individual may commit a crime (Schmalleger,
2008). However, one should not assume this there is only one reason why a person commits
crime. Researchers looking for a single explanation should be cautious, because there is no
panacea for the problem of crime.
Early Research
Charles Goring (1870-1919) discovered a relationship between crime and flawed intelligence.
Goring examined more than 3,000 convicts in England. It is important to note that Goring found
no physical differences between noncriminal and criminals; however, he did find that criminals
are more likely to be insane, to be unintelligent, and to exhibit poor social behavior. A second
pioneer is Gabriel Tarde (1843-
1904), who maintained that individuals learn from each other and ultimately imitate one another.
Interestingly, Tarde thought that out of 100 individuals, only 1 was creative or inventive and the
remainder were prone to imitation (Jacoby, 2004).
1. PSYCHODYNAMIC THEORY
-Sigmund Freud
According to Freud, all behavior whether normal or abnormal is influenced by the unconscious
mind. This belief is called psychic determinism or psychopaths.
Psychopaths.
Persons characterized by no sense of guilt, no subjective conscience, and no sense of right and
wrong. They have difficulty in forming relationships with other people; they cannot empathize
with other people. They are also called sociopaths or antisocial personalities.
3 Parts of Human Personality
• Id - selfish and seeks pleasure
• Supergo - the socialized component
-Repressing pleasure-seeking instincts, Superego will conflict Id
• Ego- the referee between the Superego and Id
Sigmund Freud's psychoanalytic theory of personality argues that human behavior is the result
of the interactions among three component parts of the mind: the id, ego, and superego.
This theory, known as Freud's structural theory of personality, places great emphasis on the
role of unconscious psychological conflicts in shaping behavior and personality. Dynamic
interactions among these fundamental parts of the mind are thought to progress through five
distinct psychosexual stages of development. Over the last century, however, Freud's ideas
have since been met with criticism, in part because of his singular focus on sexuality as the
main driver of human personality development.
Freud believed that the nature of the conflicts among the id, ego, and superego change over
time as a person grows from child to adult. Specifically, he maintained that these conflicts
progress through a series of five basic stages, each with a different focus: oral, anal, phallio,
latenoy, and gonital. He oallad hio idea the psychosexual theory of development, with each
psychosexual stage directly related to a different physical center of pleasure.
Across these five stages, the child is presented with different conflicts between their biological
drives (id) and their social and moral conscience (superegO) because their biological pleasure-
seeking urges focus on different areas of the body (what Freud called "erogenous zones"). The
child's ability to resolve these internal conflicts determines their future ability to cope and
function as an adult. Failure to resolve a stage can lead one to become fixated in that stage,
leading to unhealthy personality traits; successful resolution of the stages leads to a healthy
adult.
2. OPERANT CONDITIONING by B.F. Skinner
- is based upon the idea that learning is a function of change in overt behavior. Changes in
behavior are the result of an individual's response to events that occur in the environment.
3. BEHAVIORISM APPROACH by John Watson
- it views man as an animal to the same laws of stimulus-response that he observes in his
animal experiments. It also holds that the subject matter of human psychology is the behavior of
the human being.
Behaviorism claims that consciousness is neither a definite nor a usable concept.
• Accordingly, it is possible to break down and analyze a certain behavior into stimulus-
response units.
• Ivan Pavlov - experiment on dogs enabled psychologists to explain certain behavior and
certain differences among individuals as the result of learning.
4. DIFFERENTIAL REINFORCEMENT THEORY by Ronald Akers
- it tries to incorporate the psychological principles of operant conditioning, and held that even
nonsocial situations could reinforce learning criminal behavior.
5. SOCIAL LEARNING THEORIES
Social learning theories suggest that children learn to exhibit aggressive behaviors because
they observe others acting aggressively and can see how these behaviors are reinforced over
time (Bandura,
1973). Social learning theories emphasize the importance of the social context and posit that
individuals can learn by observing others' actions and whether these individuals are positively or
negatively reinforced when exhibiting aggressive behaviors. Research by Bandura has also
suggested that young children imitate adults' aggressive actions that they witness in contrived
social settings. Thus, aggressive behavior is thought to occur because it has been either
modeled or reinforced over time.
Albert Bandura - Social Learning Theory
In social learning theory, Albert Bandura (1977) agrees with the behaviorist learning theories of
classical conditioning and operant conditioning. However, he adds two important ideas:
1. Mediating processes occur between stimuli & responses.
2. Behavior is learned from the environment through the process of observational learning.
Social learning theory, which is a branch of behavior theory, is the most relevant to criminology.
The most prominent social learning theorist is Albert Bandura (1978). Bandura maintains that
individuals are not born with an innate ability to act violently. He suggested that, in contrast,
violence and aggression are learned through a process of behavior modeling (Bandura, 1977).
In other words, children learn violence through the observation of others. Aggressive acts are
modeled after three primary sources: (1) family interaction, (2) environmental experiences, and
(3) the mass media. Research on family interaction demonstrates that children who are
aggressive are more likely to have been brought up by parents or caretakers who are
aggressive (Jacoby, 2004).
6. COGNITIVE THEORIES OF CRIME
Cognitive is defined as an ability to process information. Cognition has to do with one's ability
to learn information quickly, memorize, and understand information they receive. Therefore,
cognitive theories of crime fall under the psychological theories of criminal behavior. It is very
important for you to know that there are many different theories out there that attempt to explain
criminal behavior.
In our desperation to understand why people commit crimes in the first place, psychologists and
sociologists often study, analyze, and develop explanations of why these behaviors exist. So
please remember that the cognitive theory is one of many psychological theories of criminal
behavior. Cognitive theories of crime explain criminal behavior as a defect in moral thinking,
thought processes, and mental development. Cognitive theories also help us to understand how
an individual's personality and intelligence level are linked to delinquency.
Cognitive theories focus on how we perceive the world around us, how we think, and the factors
that influence our mental development (family upbringing, parental modeling, personality,
intelligence). These theories help to explain how we develop morally in our thought process.
Raw intergenerational correlations in education, earnings, teenage childbearing, and welfare
receipt in the U.S. are sizeable. Correlations between parents' and children's educational
attainment and earnings are both around 0.4. Daughters of teen or welfare mothers are nearly
twice as likely to have a child when they are teenagers compared to daughters of older or no
welfare mothers. Mothers who grew up in a welfare family are four to six times more likely to
receive welfare themselves than other mothers. What gives rise to the intergenerational
transmission of these outcomes? Parents may genetically pass on abilities, endowments, or
preferences to their children that pre-dispose them to choose similar actions as they themselves
chose. This can generate an intergenerational correlation in outcomes even if there is no actual
causal effect of a parent's behavior or outcome on the child. However, parents' actions
themselves may encourage their children to take similar actions. For example, parents'
schooling choices may directly impact their children's decisions to stay in school.
Intergenerational transmission incorporates both causal and non-causal channels.
9. DIFFERENTIAL ASSOCIATION REINFORCEMENT THEORY
• Differential Association Reinforcement Theory was created in 1966 by Ronald Akers and
Robert Burgess.
• The theory is a combination of Skinnerism behaviorism, social learning theory, and the
differential association theory created by Edwin Sutherland.
• They theory explains that criminal behavior is learned by the reinforcements we receive after
committing deviant behavior.
• We also learn behavior by watching others commit criminal acts and the reinforcements they
receive.
• Whether or not the individual will continue to commit a crime depends on the past, present,
and future rewards as well as anticipated punishments.
• Punishments and rewards can be anything from money, food, pleasant and unpleasant
feelings, as well as looks of happiness or disgust.
10. EYSENCK'S THEORY OF CRIMINAL PERSONALITY
Hans Eysenck's theory of criminal personality suggests that personality is biologically based
and that personality traits include dimensions of extraversion and neuroticism that can be
measured using a personality questionnaire. Extraversion refers to a biological need individual
have for high or low levels of environmental stimulation, determined by the level of arousal in a
person's central and autonomic nervous system. This means that people with high levels of
extraversion have a low level of arousal, meaning they require more environmental stimulation
to fuel their excitement. In the context of forensic psychology, this environmental stimulation
may include criminal behavior.
Neuroticism refers to the stability of personality and a high neuroticism score would represent
someone who is more reactive and volatile and perhaps more likely to engage in offending
behavior. Later, Eysenck added a third personality dimension, psychoticism, which relates to the
degree to which somebody is anti-social, aggressive and uncaring. Eysenck (1964) argued for
there being a criminal personality, which would characterize people who score highly on these
three dimensions.
11. INTEGRATED LIFE COURSE THEORIES
Integrated theories of crime represent an attempt to bridge the ideological differences that
exist among various older theories of crime by integrating variables from disparate theoretical
approaches. An integrated approach recognizes that crime is a complex, multidimensional
phenomenon with multiple causes. By integrating a variety of ecological, socialization,
psychological, biological, and economic factors into a coherent structure, such theories
overcome the shortcomings of older theories that may be criticized on the grounds of
reductionism. That is, many older theories of crime argue that one causal variable is
predominantly important as a cause of crime. A problem with such an approach is that not all
persons exposed to that variable (for example, poverty) commit crime. Integrated theories
recognize that multiple social and individual factors interact to result in the eventual behavior of
individuals, and that we must consider the constellation of factors in an individual's life in order
to understand his or her behavior.
Integrated theories are theories that combine the concepts and central propositions from two
or more prior existing theories into a new single set of integrated concepts and propositions.
Integration can take several forms. Conceptual integration involves an absorption strategy,
arguing that concepts from one theory have the same meaning as concepts from another theory
and combining them into a common language and set of concepts. Propositional integration
involves combining or linking propositions from one or more theories into a single, unified and
consistent set of propositions. Conceptual integration is very common in theory development
and a review of this type of integration essentially would involve a general review of
criminological theory. Propositional integration, as a distinct development strategy is relatively
rare and recent and is the subject of this online bibliography. In some instances, propositional
integration is based on theory commonalities and in others it involves integrating competing
theories. The number of theories combined currently ranges from two to four and there is
substantial variation in the structure of the proposed integration. Structural arrangements
typically take one of four forms: arranging theories (propositions) end-to-end, side-by-side, up
and down, and some combination of these forms. The most common form of integration
involves combining social control and social learning theories. Proponents view theory
integration as an alternative strategy for theory development and testing that addresses some of
the limitations of the more traditional competition strategy. They also claim increased levels of
explanatory power compared to that of the individual theories combined and greater
inclusiveness in types of criminal behavior explained. There is a lively debate about the nature
and efficacy of this strategy, the structure and coherence of specific formulations, and the level
of empirical support for specific integrated theories.
12. BOWLBY MATERNAL DEPRIVATION THEORY
Bowlby Maternal Deprivation Hypothesis proposed that a "warm, intimate & continuous
relationship with a mother (figure)" is necessary for healthy psychological/ emotional
development. "Mother-love in infancy/ childhood is as important for mental health as are
vitamins & proteins for physical health."
Consequences of maternal deprivation include
An inability to form attachments in the future (see the Internal Working Model)
Affectionless psychopathy (inability to feel remorse)
Delinquency (behavioral problems in adolescence)
7. MORAL DEVELOPMENT THEORY
One theory within the cognitive framework focuses on moral and intellectual development. Jean
Piaget (1896-1980) hypothesized that the individual reasoning process is developed in an
orderly fashion. thus, from birth onward an individual will continue to develop. Another pioneer
of cognitive theory is Lawrence Kohlberg (1927-1987), who applied the concept of moral
development to criminological theory.
8. INTERGENERATIONAL TRANSMISSION THEORY
refers to the transfer of individual abilities, traits, behaviors, and outcomes from parents to their
children. Economists have largely focused on the intergenerational transmission of educational
attainment, earnings and income, wealth, fertility decisions, and welfare receipt. When
intergenerational transmission is strong, children turn out much like their parents and social
mobility is low.
CHAPTER 6
SOCIOLOGICAL THEORIES OF CRIME CAUSATION
1. SOCIAL DISORGANIZATION THEORY
Social disorganization theory is a theory developed by the Chicago School, related to ecological
theories. The theory directly links crime rates to neighborhood ecological characteristics; a core
principle of social disorganization theory that states location matters. In other words, a person's
residential location is a substantial factor shaping the likelihood that that person will become
involved in illegal activities. The theory suggests that, among determinants of a person's later
illegal activity, residential location is as significant as or more significant than the person's
individual characteristics (e.g., age, gender, or race). For example, the theory suggests that
youths from disadvantaged neighborhoods participate a subculture which approves of
delinquency, and that these youths thus acquire criminality in this social and cultural setting.
2. CONCENTRIC ZONE THEORY
A theory of urban land-use patterns, developed by William Burgess, that states that a city will
assume the form of five concentric urban zones: the central business district, the zone in
transition, the zone of working persons' homes, the zone of better residences, and the
commuters' zone. Growth is accomplished by the expansion of each zone into the next zone.
3. ANOMIE THEORY
David Emile Durkheim - He advocated the ANOMIE THEORY, the theory that focused on the
sociological point of the positivist school which explains that the absence of norms in a society
provides a setting conducive to crime and other anti-social acts. According to him, the
explanation of human conduct lies not in the individual but in the group and the social
organization.
- Sociological point of Positivist School
- "Absence of norms" in a society provides a setting conducive to crimes and other antisocial
acts
- Human lies in the social organization
Crime is an important ingredient in a healthy society because it can help define lawful behavior
The idea of anomie means the lack of normal ethical or social standards. This concept first
emerged in 1893, when French sociologist Emile Durkheim published his book entitled, The
Division of Labor in Society. In this book, Durkheim indicated that the rules of how individuals
interact with one another were disintegrating and therefore people were unable to determine
how to act with one another. As a consequence, Durkheim believed that anomie was a state
where the expectations of behavior are unclear, and the system has broken down. This is
known as normlessness. Durkheim claimed that this normiessness caused deviant behaviors,
and later, as claimed in his 1897 work, Suicide, depression and suicide.
Durkheim's theory was based upon the idea that the lack of rules and clarity resulted in
psychological status of worthlessness, frustration, lack of purpose, and despair. In addition,
since there is no idea of what is considered desirable, to strive for anything would be futile.
in criminology, the idea of anomie is that the person chooses criminal activity because the
individual believes that there is no reason not to. In other words, the person is alienated, feels
worthless and that their efforts to try and achieve anything else are fruitless. Therefore, with lack
of any foreseeable alternative, the person falls into criminal activity.
4. STRAIN THEORY
Robert King Merton - He advocated the STRAIN THEORY, which maintains that the failure of
man to achieve a higher status of life caused them to commit crimes in order for that status or
goal to be attained. He argued that crime is a means to achieve goals and the social structure is
the root of the crime problem. He also explains that criminal behavior assumes that people are
law abiding but when under great pressure will result to crime.
American sociologist Robert K. Merton developed strain theory, a concept connected to both the
functionalist perspective on deviance and Émile Durkheim's theory of anomie. Merton asserted
that societies are composed of two core aspects: culture and social structure. Our values,
beliefs, goals, and identities are developed in the cultural realm. They form in response to
existing social structures that ideally provide the means for the public to achieve their goals and
live out positive identities. Often, though, people lack the means to achieve culturally valued
goals, leading them to feel strain and possibly engage in deviant behavior.
Using inductive reasoning, Merton developed strain theory by examining crime statistics by
class. He found that people from lower socioeconomic classes were more likely to commit
crimes that involve acquisition (stealing in one form or another). He argued that when people
cannot attain the "legitimate goal" of economic success through "legitimate means" —dedication
and hard work-they may turn to illegitimate means of doing so. The cultural value of economic
success looms so large that some people are willing to acquire wealth, or its trappings, by any
means necessary.
Five Responses to Strain
Merton noted that the deviant response to strain was one of five responses he observed in
society. He referred to such deviance as:
1. "innovation"
2. conformity,
3. ritualism,
4. retreatism, and
5. rebellion.
Conformity describes the people who pursue culturally valued goals through legitimate means,
and ritualism refers to the individuals who set more realistic goals for themselves. Retreatism
explains those who reject a society's goals and refuse to try to obtain them. These individuals
are so disinvested in these goals that they retreat from society. Lastly, rebellion applies to
people who reject and replace culturally valued goals and the socially sanctioned ways of
achieving them.
Agnew recognized that strain theory originally put fonward by Robert King Merton was limited in
terms of fully conceptualizing the range of possible sources of strain in society, especially
among youth. According to Merton, innovation occurs when society emphasizes socially
desirable and approved goals but at the same time provides inadequate opportunity to achieve
these goals with the legitimate institutionalized means. In other words, those members of
society, who find themselves in a position of financial strain yet wish to achieve material
success, resort to crime in order to achieve socially desirable goals. Agnew supports this
assumption but he also believes dealing with youth there are other factors that incite criminal
behavior. He suggests that negative experiences can lead to stress not only that are financially
induced.
This theory combines elements of both Strain and Social Disorganization Theory to explain how
people living in slum neighborhoods react to isolation from the rest of society and economic
deprivation. Because this lifestyle is extremely frustrating and draining, members of the lower
class often create their own subculture (a social unit with its own rules and values). The middle-
class culture emphasizes hard work, delayed gratification, and education. The lower-class
subculture emphasizes excitement, toughness, fearlessness, immediate gratification, and
"street smarts." The lower-class subculture has many followers because it is easier to fit into
than the middle-class culture. Slum dwellers are forced to violate the law because they obey the
rules of the deviant culture in order to fit into their surroundings.
Subcultures are defined as subsystems or antisystem of society with their own attitudes
and norms that often contradict the moral concepts of majority society.
According to Cohen, the union of young people into subcultures is the result of
adjustment and status problems of their members caused by the inequality of the
existing class society.
For example, a boy from the lower classes always strives to adapt to higher social strata,
but is confronted with expectations and goals that he cannot fulfil due to his social
background or cannot achieve due to rigid social structures. In direct comparison with
middle-class boys, he has to recognize his own low status, poor prestige and little
chance of success in business and society. The resulting problems of self-respect
ultimately lead to the merging of several such boys into alternative subgroups, which are
defined by their demarcation from the unattainable middle class.
According to Cohen, these delinquent subcultures are characterized above all by their
deviant values and morals, which enable their members to gain prestige and recognition.
The behavior that is displayed within the subculture is fundamentally different from that
outside the subculture because of these new norms. For society as a whole, they seem
deviant, often criminal. As an alternative status system, however, subculture justifies
hostility and aggression towards non-members, thereby eliminating possible feelings of
guilt.
Delinquent subcultures are, according to Cohen (see: Downes & Rock, 2007):
: nonto talitarian the deviant actions are not committed on the basis of economic
rationality)
• malicious (the purpose of delinquent acts is to annoy or even injure others)
• negativistic (criminal acts are committed precisely because of their prohibition in order
to consciously reject conventional values)
• versatile (in the sense of various delinquent behaviors that occur)
redonist he out so le of mentary lagural lowards their own group members, values and
norms)
Subcultural theory is not an actual learning theory, but rather a hybrid of learning,
anomie and other theories. Another special feature is that subculture theory only deals
with juvenile delinquency, but not with criminal behavior in general.
Cohen later dealt with other forms of subcultures. Other authors also developed a
number of other theories on the phenomenon of delinquent subcultures. However, all
these concepts have in common Cohen's
Main proponent
Richard A. Cloward und Lloyd E. Ohlin
Three Subcultures
Differential opportunity theorists, Richard Cloward and Lloyd Ohlin, determined that there were
three paths individuals faced with limited opportunities would use to achieve success. The three
subcultures are based on the stability of the environment. They are:
Crime - in a neighborhood that is stable, and in which opportunity for crime exists, the individual
will turn to crime as his or her alternative. Stability in this instance means that a hierarchy of
criminal organization exists, and that the teen is able to move through the ranks to establish
himself or herself.
Conflict - this subculture is typical of disorganized areas of low socioeconomic opportunity. The
area is characterized by a mix of groups trying to establish dominance. Although there is crime
against others to fund the various organizations, people within the groups achieve based on
their success at conflict. Teens fight to gain territory and prestige for their gang.
Retreatist - in some instances, teens are unsuccessful at both legitimate and illegitimate
enterprises. In this case, the individual "drops out" of society. Status is gained by drug use, or
by membership in a separatist gang (examples: teenagers in the Goth or grunge cultures).
10. DRIFT THEORY
Drift theory was originally proposed by Greshem Sykes and David Matza to explain how juvenile
delinquents can hold both conventional and deviant values and attitudes. The theory claims that
delinquents use techniques of neutralization to rationalize their delinquent and/or deviant.
According to Gresham Sykes and David Matza, acts that violate norms or go against beliefs can
carry with them guilt and shame, which dissuades most adolescents from engaging in criminal
or delinquent acts. Would-be delinquents, therefore, must find ways to preemptively neutralize
the guilt and protect their self-mage if they choose to participate in delinquent or deviant
behavior. One way to do this is by using techniques of neutralization that provide episodic relief
from moral constraint and allow individuals to drift back and forth between delinquent and
conventional behavior. Drift is possible because neutralization techniques blunt the moral force
of dominant cultural norms and neutralize the guilt of delinquent behavior in specific situations.
Through the use of these neutralizations social and internal controls that serve to check or
inhibit deviant motivational patterns are blocked, thereby allowing individuals to engage freely in
delinquency without serious damage to their self-image. Sykes and Matza outlined five
neutralization techniques: denial of responsibility, denial of injury, denial of victims, appeal to
higher loyalties, and condemnation of condemners. Research on the theory has generally
produced mixed results, leading many to conclude that the theory is not powerful enough to
serve as a stand-alone explanation for crime.
He advocated the DIFFERENTIAL ASSOCIATION THEORY, which maintains that the society is
composed of different group of people having criminalistic tradition and anti-criminalistic
tradition. And that criminal behavior is learned and not inherited. It is learned through the
process of communication, and learning process includes technique of committing the crime,
motive and attitude.
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. The earlier in life an individual
comes under the infuence high status people within a group, the more likely the individual is to
follow in their footsteps. This does not deny that there may be practical motives for crime. If a
person is hungry but has no money, there is a temptation to steal. But the use of "needs" and
"values" is equivocal. To some extent, both non-criminal and criminal individuals are motivated
by the need for money and social gain.
This approach proves to be quite logical and rational. The theory argues that we are influenced
by internal and external pressures, and that the world is filled with them. Consequently, this
means that we do not live in a perfect world. If we did, then we would have some form of
reasonable control over our own deviance. This theory is essentially conveying that the internal
and exteral pressures lead to deviance and criminal acts. This theory can be used to explain a
wide variety of factors, because there are many different pressures that can ensue.
Containment theory highlights and illustrates that social pressures exist in our lives, and they
can be predisposed upon individuals. As stated in the book "Containment theory attempts to
account for social torces that may predispose individual to crime as well as for individual
characteristics that may insulate them from or further propel them forward criminality".
Hirsch's social bonds theory is based on the basic assumption that humans naturally tend
towards delinquency. The interesting question for him is what prevents people from deviating
from norms. Hirschi assumes that the stronger the degree of social control and the denser the
network of social bonds are, the more likely people are to behave in accordance with standards.
Attachment describes the strength of the bonds and relationships that exist with an individual's
social environment. The relationship with parents is particularly important, but other institutions
and actors such as school or friends also play a role. The attachment to the circle of friends can
also prevent deviance, but only as long as the circle of friends does not represent deviant
norms.
Commitment describes the level of dedication invested in conventional standards and goals.
Hirschi assumes that someone who has already invested resources, time and energy in
achieving compliant goals has more to lose through deviant behavior than someone who has
invested little devotion in pursuing socially accepted goals. For example, a student who has
invested a lot of time to achieve good grades has more to lose through expulsion than a lazy
student who has less importance for grades.
Involvement
By involvement Hirschi means that someone who is intensively involved in conventional
activities has less time and opportunity to engage in deviant behavior. Structured, socially
accepted activities such as school, work or raising children also strengthen the self-discipline
needed to resist the impulses of deviant behavior.
Belief
Hirschi sees belief as the fourth factor in social bonding. This refers to the belief in and validity
of the values and norms of the mainstream society. The more these values and norms have
been internalized, the more difficult it becomes to violate them. When the meaning of norms is
questioned, the intrinsic motivation to obey them also decreases.
On the other hand, secondary deviance is when a person repeatedly violates a social norm,
which leads others to make assumptions about that person and assign a label to him or her.
Some examples of labels are 'criminal,' 'psycho,' 'addict,' and 'delinquent.' Secondary deviance
gets such a strong reaction from others that the individual is typically shunned and excluded
from certain social groups.
HUMAN BEHAVIOR AND VICTIMOLOGY
CHAPTER 1
PSYCHOLOGICAL NEEDS
- are influenced primarily by the kind of society in which the individual is raised.
Psychological motives - are those related to individual happiness and well-being, but not
for the
survival, unlike the biological motives that focuses on basic needs- the primary motives.
TRAIT THEORY
HANS EYSENK’S PERSONALITY TRAIT (Hans Eysenk)
Extrovert -a person that is sociable, out-going and inactive.
Introvert - a person that is withdrawn, quiet, and introspective.
Emotionally Unstable - being anxious, excitable, and easily disturbed.
20 – 49 IMBECILE SEVERE
50 – 69 MORON/FEEBLEMINDED MODERATE
70 – 79 BORDERLINE MILD
DEFICIENCYL
CHAPTER 2
EMOTION
- Feeling’s affective responses.
- State characterized by facial expressions, gestures, postures, and subjective feelings.
CONFLICT
- Stressful condition or negative emotional stage when a person must CHOOSE
BETWEEN two or more incompatible alternatives.
TYPES OF CONFLICTS
1. PSYCHOLOGICAL CONFLICT
- “Internal Conflict”
- Could be going on inside the person and no one would know.
2. SOCIAL CONFLICT
3. APPROACH-AVOIDANCE
- Approach speak to things that we want while Avoidance refers to things that we do not
want.
DEPRESSION
- an ILLNESS that causes to feels sad and hopeless.
b. Dysthymic Disorder
- “Dysthymia”
- Do not occur for more than two (2) months at a time.
- Having persistent but less severe depressive symptoms than MDD.
- Manifest constant depressed mood for at least 2 years.
c. Bipolar Disorder
- “Manic-Depressive Illness”
- Characterized by cyclical mood changes- form EXTREME HIGH
d. Endogenous Depression
- Endogenous means “within the body”
- Feeling depressed with no apparent reason.
STRESSOR
- Cause of Stress
- Produces stress.
FRUSTRATION
- One Is prevented from reaching a goal.
- Associated with Motivation. We won’t be frustrated if we are not motivated to achieve a
goal.
Coping Mechanisms – “WAYS” in which people “DEAL” with stress and trauma.
• Adaptive – deal stress in healthy way
• Maladaptive – relieve stress temporarily, but also cause harm.
CHAPTER 3 - DISORDERS
Anxiety - psychological disorder that involves excessive levels of negative emotions such as
nervousness,tension,worry, fright and anxiety.
Mood Disorder - extreme and unwanted disturbance in feeling or mood. Otherwise known as
affective disorder.
Personality Disorder - cognitive behavioral patterns that are integrated into the individual
personality and can be troublesome to others but can bring pleasure to the sources.
Cluster A: Odd or Eccentric Behaviors - emotionless, person that can't perform relationship
Schizophrenia Personality Disorder (SPD) - often referred as loner
Paranoid Personality Disorders (PPD) - perceive others as disloyal or deceitful, they are
emotionally cold or excessively serious.
Schizotypal Personality Disorder (SPD) - need isolation, they are odd, outlandish, or paranoid
beliefs. - it can develop into schizophrenia. Almost the same symptoms but more severe
SEGMENT 4. SCHIZOPHRENIA
Schizophrenia - loss contact with reality and at some phases they are delusions or
hallucinations.
Emil Kraepelin - First identified the illness called dementia praecox in 1896
Dementia Praecox - Premature deterioration of the brain .Then it was later disputed by a
psychiatrist Eugene Bleur
Eugene Bleur
- A Swiss psychiatrist that gave the term schizophrenia in 1911.
- two Greek words schizein meaning “to split” and phren “mind”
- New Latin words schizo “split” and phrenia “mind”
Schizophrenia Hallucination
Tactile (touch)- They feel like some bugs or insects are crawling across their skin.
Visual (sight)- See things that are not really there
Auditory (hearing)- Hear voices and sounds that others cannot hear.
Olfactory (smell)-They smell things that others do not smell.
Command (hearing) - A voice commands the person to do something he/she would not
ordinarily do.
Sexual dysfunction - Particularly in the phase of the sexual response cycle. Problems in
sexual identity, sexual performance and sexual aim.
Types of exposure
Flashing - bare breast or buttocks by a woman
Mooning - bare buttocks with bending down
Anasyrma - not wearing underwear
Martymachilia - sexual attraction at others watching execution of sexual act
B. Fetishism - Sexual urges and behavior that are associated with non-living objects. Example,
female clothing or female underware.
Types of Fetishism
Sexual Transvestic Fetishism(Transvestism) - wearing, fondling, or seeing female clothing.
Foot Fetishism - sexual interest in human feet.
Wet and Messy Fetish(WAM) - getting aroused by substances applied on the body.
Frotteurism(Frottage)- rubbing one’s genitals against others in public places.
Pedophilia - child sexual abuse
Masochism - sexual excitement from being humiliated
Sadism - sexual pleasure by inflicting pain to another person.
Voyeurism(peeping tom)- sexual pleasure by watching or observing the subject from the
distance
Scatologia (Coprolalia)- compulsive use of obscene language
Necrophilia(thenatophilia or necrolagnia) - sexual attraction to corpse
Zoophilia(asbestiality/bestosexual)- sex between humans and animals, zoophile (a person
practicing zoophilia)
Mysophilia - sexual arousal in filth surroundings.
Philosophy of Ethics, Morality, Standard Behavior, Values, and Social Norms. is an area of
philosophy considered as a normative science, it is concerned with norm of human conduct.
Ethics -derived from the Greek word "ethicus" or that pertains to "ethos", which the English
translation is custom or
character.
-is a branch of philosophy that determines the good and right thing to do -is the practical science
of the normality of human conduct.
● Integrity
● Selflessness
● Honesty
● Equality and fairness
Nonfeasance - failure to do what ought to be done
Misfeasance -the performance of a lawful action in an illegal or improper manner
improper
Malfeasance -wrongdoing or misconduct especially by a public official
Criticism - Bad feedback
Social Norms-are unwritten rules about how to behave. They provide us with an expected idea
of how to behave in a particular social group or culture.
Example:
● Shake hands when you meet someone
● Make a direct eye contact with the person you are speaking with
● Unless the movie theater is crowded, do not sit right next someone.
Values -It is defined as an assessment. Values have direct bearing on the social actions of an
individual's, such as moral and ethical actions of individuals,
-are shared experienced. They are having certain degree of assumed commonality. They are
communal with a strong concem for others.
The following are some of the strong values of Filipinos
1. Utang naloob
2. Hiya
3. Marunongmakisama
4. Marunongkumilala ng utang naloob
Police defined -is body o civil officers, especially in the city, organized under the authority to
maintain order and enforce law; also, the whole system of internal regulation of a state, or a
local government of a city or town; that the department of govemment that maintains and
enforces law and order, and prevents, detects, or deals with crime.
Police Ethics -A practical science that treats the principle human morality and duty as applied
to law enforcement.
Notes:
Command - (order, instruction from higher level) it is an authority a person lawfully exercise
authority over subordinates by virtue of his rank or assignment or position.
Responsibility- the obligation to perform duties and function an do the consequences of
activities under one's command.
4. Justice- The action, practice, or obligation of awarding each his due. The virtue that inclines
the will to give to each one his right. There are three division of justice, to wit,
● Commutative justice- virtue that regulates those actions that involves the right to exist
between one another.
● Distributive justice- it regulates those action that involve the rights that an individual may
claim for society:
Legal- virtue that regulates those actions which society may justly require to the individual for
the common good.
1. Justice. 2. Charity
The Law of Charity:
Man is by virtue a social animal. He is intended to live his life in company with his fellow human
beings.,
Man has certain obligations with regards to his fellowmen. He is bound not only by the law of
justice, which obliges him to respect their rights, but also by the law of charity, which binds him
to give them under certain conditions whatever help they may require.
CHAPTER 2
Professional Regulation Commission Oath, Professional Conduct and Ethical Standards.
OATH OF PROFESSIONAL
I,_____________________________of____________________________
hereby solemnly swear that I will support and defend the constitution of the Republic of the
Philippines, that I will bear true faith and allegiance to the same, that I will obey the laws, legal
orders, and decrees promulgated by the duly constituted authorities of the Republic of the
Philippines, and that I impose this obligation upon myself voluntarily, without mental reservation
or purpose of evasion.
I further solemnly swear that at all times and places I will adhere closely to the ethical and
professional rules generally accepted by the Criminology Profession in the Philippines, and I will
well and faithfully discharge to the best of my ability the duties and obligations incumbent upon
a legally authorized Criminologist Practitioner
So help me God.
So help me God.
Philippine Registered Criminologists Professional Conduct and Ethical Standards
EPUBLIC ACT NO. 6506-AN ACT CREATING THE BOARD OF EXAMINERS FOR
CRIMINOLOGISTS IN THE HILIPPINES AND FOR OTHER PURPOSES
1.As a professor, instructor or teacher in Criminology in any university, college or school duly
recognized by the government and teaches any of the following subjects: (a) Law Enforcement
Administration, (b) Criminalistics, (c) Correctional administration, (d) Criminal Sociology and
allied subjects, and (e) other technical and specialized subjects in the Criminology urriculum
provided by the Department of Education.
2.As law enforcement administrator, executive, adviser, consultant or agent in any government
or private agency.
3.As technician in dactyloscopy, ballistics, questioned documents, police photography, lie
detection, forensic chemistry and ther scientific aspects of crime detection.
4. As correctional administrator, executive supervisor, worker or officer in any correctional and
penal institution.
5. As counselor, expert, adviser, researcher in any govemment or private agency on any
aspects of criminal research or project involving the causes of crime, juvenile delinquency,
treatment of offenders, police operations, law enforcement administration, scientific criminal
investigation or public welfare administration.
Sec. 24. Privileges of Certified Criminologists. - All certified criminologist shall be exempt
from taking any other entrance or qualifying government or civil service examinations and shall
be considered civil service eligible to the following government positions: (1) dactylographer, (2)
ballistician, (3) questioned document examiner, (4) correctional officer, (5) law enforcement
photographer (6) lie detection examiner, (7) probation officer, (8) agents in any law enforcement
agency, (9) security officer, (10) criminal investigator, or (11) police laboratory technician.
-Certificated criminologists shall also be eligible for appointment as Patrolman in chartered cities
and municipalities, provided they possess the general qualifications for appointment provided in
Section nine, Republic Act Numbered Forty-eight hundred and sixty-four.
Code of Ethics
a. The primary responsibility of every person admitted to the practice of Criminology as:
a. Registered Criminologist is to bear faithful allegiance to the Republic of the Philippines and
be loyal to his profession. They shall accept as a sacred obligation and responsibility as citizens
to support the Constitution of the Philippines and as a
Registered Criminologist to defend the principles of liberty as defined in the Constitution and
Laws
. b. As a Registered Criminologist, they shall strive to improve their effectiveness by diligent
study and sincere attention to Improvement and welcome the opportunity to disseminate
practical and useful information relating to matters accruing to the benefit of public safety and
welfare.
LIMITATION OF AUTHORITY
a. The first duty of a criminologist as upholder of the law is to know its bounds upon him, be
aware of limitations and prescriptions and recognize the system of government that gives to no
man group or institution absolute power. He must ensure that he is prime defender of that
system and as such must never pervert its character.
b. They shall in the performance of their duty be just, impartial and reasonable, never according
anyone more preferential treatment than another. They shall recognize the limitation of their
authority and at no time use the power of their professionfor personal advantage.
PRIVATE CONDUCT
a. The Registered Criminologist must be mindful of his special identification by the public as an
upholder of the law. He must never be lax in conduct or manner in private life, express
disrespect for the law, nor seek to gain special privilege that would be reflective upon the
profession. He must so conduct his private life that the public will regard him as an example of
stability fidelity and morality.
b. He must strive to elevate the standing of the profession in the public mind, strengthen public
confidence in law enforcement, develop and maintain complete support and cooperation of the
public and insure the effectiveness by encouraging complete cooperation of members for their
mutual benefit
Section 1. Title - This Act shall be known as "The Philippine Criminology Profession Act of
2018".
Section 2. Statement of Policy. - The State recognizes the importance of criminology
profession in national security, public safety, peace and order, and in nation-building and
development. Hence, it shall develop and nurture competent, virtuous, productive and well-
rounded criminologists whose standards of professional practice and service shall be excellent,
qualitative, world-class and globally competitive through sacred, honest, effective and credible
licensure examinations, coupled with programs and activities that would promote professional
growth and development.
Section 3. Objectives. - This Act shall govem:
(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.
Section 4. Definition of Terms. As used in this Act, the following terms shall be defined as
follows:
(a) APO refers to the Accredited Professional Organization of criminologists, that the
Professional Regulatory Board of Criminology created hereunder and, hereinafter referred to as
the Board, as the one and only recognized and accredited integrated national organization of
criminologists, subject to the approval of the Professional Regulation Commission (PRC)
hereinafter referred to as the Commission created under Republic Act No. 8981, otherwise
known as the "PRC Modemization Act of 2000";
10
(b) Board refers to the Professional Regulatory Board for Criminologists created hereunder. (c)
CHED refers to the Commission on Higher Education (CHED) created under Republic Act No.
7722, otherwise known as "Higher Education Act of 1994", in the formulation of policy
standards, and monitoring of the criminology education in the country, which shall be assisted
by the Criminology Technical Panel composed of the president of the APO, Chairperson of the
Board of Criminology, one (1) from the academe, and two (2) from the law enforcement
agencies;
(e) Criminology refers to the scientific study of crimes, criminals, and victims, it also deals with
the prevention, and solution of crimes, (1) Profession refers to the art and science in the
practice of criminology discipline; and,
(g) 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. - The practice of criminology shall include, but shall not be
limited to, acts or activities performed:
Section 5. Scope of Practice. (a) in line with the practice of profession or occupation as a law
enforcement administrator, executive, adviser, consultant, officer, investigator, agent or
employee in any private or government agencies performing law
enforcement and quasi-police functions at the Philippine National Police (PNP), the National
Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA), the Bureau of
Fire Protection (BFP), the Bureau of Jail Management and Penology (BJMP), the Provincial Jall,
the Bureau of Corrections (BUCOR), the Probation and Parole Administration (PPA), the
Bureau of Intemal Revenue (BIR), the Bureau of Customs (BoC), the BangkoSentral ng
Pilipinas (BSP), other government and private banks, the Philippine Postal Corporation (PPC),
the Sea and Air Marshalls, the VIP Security, Airport and Seaport Police, the National
Intelligence Coordinating Agency (NICA), the Intelligence Service of the Armed Forces of the
Philippines (ISAFP), and other intelligence service or agencies of thengovernment exercising
similar functions;
(b) In line with the practice of teaching profession such as those performed by a professor,
instructor or teacher in any university, college or school duly recognized by the government of
any of the following professional and component subjects of the criminology program: (1)
Criminal Jurisprudence and Procedure; (2) Criminalistics; (3) Law Enforcement Administration;
(4) Crime Detection and Investigation; (5) Correctional Administration; and (6) Criminal
Sociology and Ethics, and other technical and specialized subjects in the criminology curriculum
provided by the CHED,
The Board, in consultation with the APO and the academe, subject to the approval of the
Commission, may revise, exclude from or add to the above enumerated acts or activities as the
need arises to conform with the latest trends in the practice of criminology in the country.
ARTICLE II
Section 7. Qualifications of the Chairperson and Members of the Board. The Chairperson and
each member shall, at the time of their appointment, possess all these qualifications:
(a) Must be a natural-bom Filipino citizen and a resident of the Philippines,
(b) Must be of good moral character, good reputation and of sound mind and body:
(c) Not convicted by a court of competent jurisdiction of any offense involving moral turpitude.
(d) Must be a graduate of Bachelor of Science in Criminology, and a holder of a Post-Graduate
Degree in Criminology or a lawyer in any reputable school recognized by the CHED,
(e) Must be a registered criminologist with a vald certificate of registration and a valid
professional identification card, having at least ten (10) years of practice in the profession prior
to the appointment including no less than two (2) years teaching experience of criminology or
law subjects in full-time or part-time capacity in the college of criminology or college of law
recognized by the government through the CHED,
(f) Must be a member in good standing of the APO but not an officer or trustee thereof, and
(g) Must not be a member of the faculty of any school, college or university where a regular
class or review course in criminology is offered, nor a member of the staff of reviewers in a
review school or center, and must not have any direct or indirect pecuniary interest in any such
institution.
Section 8 Term of Office. The Chairperson and members of the Board shall hold office for a
term of three (3) years from the date of appointment or until their successors shall have been
qualified and appointed. They may be reappointed to the same office for another term of three
(3) years Immediately after the expiry of their term: Provided. That the holding of such position
shal not be more than two (2) terms nor more than six (6) years, whichever is longer: Provided,
further, That the first Board under this Act shall hold these terms of office: the Chairperson for
three (3) years, the first two (2) members for two (2) years, and the second two (2) members for
one (1) year. Provided, finally, That any appointee to a vacancy with an unexpired period shall
only serve such period. The Chairperson and the members shall duly take their oath of office.
Section 9. Compensation, Allowances and Other Benefits. - The Chairperson and members
of the Board shall receive compensation, allowances and other benefits comparable to that
being received by the Chairpersons and members of other
Professional Regulatory Boards under the Commission as provided for under Section 10 of
Republic Act No. 8981 and otherbexisting laws.
Section 10. Powers, Functions, Duties and Responsibilities of the Board. - The Board shall
exercise executive, administrative, rule-making and quasi-judicial powers in carrying out the
provisions of this Act. It shall be vested with the following specific powers, functions, duties and
responsibilities:
ARTICLE III
Section 14. Qualifications of an Applicant for the Licensure Examination. - An applicant for
the licensure examination for criminologist shall satisfactorily prove that one possesses the
following qualifications:
(a) Must be a citizen of the Philippines or a foreign citizen whose country/state has reciprocity
with the Philippines in the practice of criminology;
(b) Must be of good moral character, good reputation and of sound mind and body certified by
the school wrhere he/she graduated and the barangay where he/she lives, unless the examinee
is a foreign national a certification from any professional of good standing will do;
(c) Must hold a bachelor's degree in criminology duly accredited by the CHET) and conferred by
a school/college/university duly authorized by the government or its equivalent degree obtained
by either a Filipino or foreign citizen from an institution of learning in a foreign country/state:
Provided, That it is duly recognized and/or accredited by the CHED;
(d) Must not have been convicted of an offense involving moral turpitude by a court of
competent jurisdiction; and (e) Those who failed five (5) times whether consecutive or
cumulative in the criminologist licensure examination, must present a certification issued by a
reputable institution duly recognized by the CHED that such applicant has satisfactorily
completed a refresher course in criminology.
Section 15. Subjects for Licensure Examination. - The licensure examination for
criminologists shall include, but shall not be Nimited to, the following:
The Board, in consultation with the APO and the academe and subject to the approval of the
Commission, may revise or exclude any of the subjects with their corresponding ratings and
their syllabi, and add new ones as the need arises to conform
with technological changes brought about by developing trends in the profession. However, the
Board may change or revise any of the above subjects in the event the CHED shall
correspondingly change the cumculum prescribed for the Degree of Bachelor of Science in
Criminology. In the conduct of the examination, the Board, in its discretion, may give practical
and field examinations in each subject, as it may deem fit.
Section 16. Persons to Teach Subjects for Licensure Examination. All subjects for the
licensure examination shall be taught by a registered criminologist who is a holder of a valid
certificate of registration and updated professional identification card for criminologist, APO
membership, and CPD required units earned, and meet other CHED requirements. Allied fields
in criminology may also be allowed to teach as it may deem proper.
Section 17. Rating in the Licensure Examination. - To pass the licensure examination for
criminologist, a candidate must obtain a weighted average rating of seventy-five percent (75%)
with no grade less than sixty percent (60%) in any given subject. In case the examinee obtains
a weighted average rating of seventy-five percent (75%) but, has a grade below sixty percent
(60%) in any of the subjects, the result of the examinee shall be deferred, and be required to
retake that particular subject's. The deferred examinee shall only be allowed to retake once
within two (2) years from the date of the examination, and shall be required to obtain a grade
not lower than eighty percent (80%) on the subject, to be considered to have passed the
licensure examination. If the examinee failed to retake after the lapse of two (2) years or failed
to get the passing mark of eighty percent (80%), the examinee shall retake all the board
subjects. Any examinee who failed three (3) or more board subjects shall be deemed to have
failed the board examination.
Section 18. Report of Rating. - The Board shall submit to the Commission the ratings obtained
by the candidates not later than ten (10) days after the last day of the examination, unless the
period is extended for a valid cause.
Section 19. Oath. - All successful candidates of the licensure examination shall take their oath
of profession in person before the Board or any of its members, and with the APO in an oath-
taking ceremony held for such purpose. Any person authorized by law may administer oath to
any successful examinees only upon membership of the APO prior to entering the practice of
the profession.
Any person, firm or association may file charge/s in accordance with the provision of this section
against any registrant, and the Board may investigate the commission of any of the
abovementioned causes. Affidavit-complaint shall be filed together with the affidavits of
witnesses and other documentary evidence with the Board through the Legal and Investigation
Office. The conduct of an investigation motu proprio shall be embodied in a formal charge to be
signed by at least majority of the members of the Board. The rules on administrative
investigation issued by the Commission shall govern the hearing or Investigation, subject to
applicable provisions of this Act, Republic Act No. 8981 and the Rules of Court
Section 23. Reissuance of Revoked Certificate of Registration, Replacement of Lost or
Damaged Certificate of Registration, Professional Identification Card or
Temporary/Special Permit - The Board may, upon a verified petition, reinstate or reissue a
revoked certificate of registration after two (2) years from the effectivity of the period for
revocation, which is the date of surrender of the certificate and/or the professional identification
card if still valid to the Board and/or the Commission. The petitioner shall prove to the Board that
one has valid reason/s to practice anew the profession. In the granting of the petition, the Board
shall issue a Board resolution, subject to approval by the Commissioiy A certificate of
registration, professional identification card or temporary/special permit that has been declared
lost may be verssued in accordance with the rules thereon and upon payment of the prescribed
fees.
Section 24. Nonpayment of the Annual Registration Fees. - The Board shall suspend a
registered criminologist from the practice of the profession whether in government service, or
have used the license as eligibility equivalent for promotion inpovemment service, or in the
private sector, for nonpayment of the registration fees for two (2) consecutive registration
periods trom the last or previous year of payment. Other surcharges shall be determined and
charged by the Commission.
Section 25. Renewal of Professional Identification Card. - The professional Identification
card shall be renewed only upon the completion of the prescribed minimum units of the CPD
program by the registrant from the APO or any accredited provider authorized by the
Commission.
Section 26. Vested Rights; Automatic Registration. - All criminologists registered at the
effectivity of this Act shall automatically be registered hereunder, subject to the provisions
herein set forth as to future requirements. Certificates of registration and professional
Identification cards or temporary/ special permits held by such persons in good standing at such
effectivity date shall have the same force and effect as though they were issued on or after the
said effectivity.
ARTICLE IV
profession:
PRACTICE OF CRIMINOLOGY
Section 27. Lawful Practitioners of Criminology. - The following persons shall be authorized
to practice the criminology profession
(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;
and16
(2) Holders of valid temporary/special permits issued by the Board and the Commission to
foreign licensed criminologists pursuant to this Act.
(1) Single proprietorship whose owner and technical staff are registered criminologists:
(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. These juridical persons shall also be registered with the Board and the
Commission in accordance with the rules and regulations thereon.
Section 28. Seal, Issuance and Use of Seal. There shall be a seal to be exclusively and
legitimately used by the practitioners the criminology profession which shall be
distributed by the Board through the APO. 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 he requirements for the licensure examination and/or registration and
practice of criminology imposed under the laws and egulations in the foreign country/state are
substantially the same as those required and contemplated by the Philippine laws ind
regulations, and unless the foreign laws and regulations allow Philippine citizens to practice
criminology within the territory if the foreign country/state on the same basis and grant the same
privileges as those enjoyed by the citizens, subjects or ationals thereof.
ARTICLE V
Section 36. Lateral Entry of Registered Criminologists. - Registered criminologists who are
not in the government service shall te eligible and given preference for appointment via lateral
entry as Police, Fire, and Jail Inspectors or its equivalent in the POEA, NBI, and other law
enforcement agencies: Provided, That they possess the general qualifications for appointment
as provided in the existing laws on appointment of Police Officers in the PNP, BJMP, BFP,
PDEA, or NBI: Provided, further, That those who are already in the police, fire, and jail service
as non-commissioned officers and who are already registered and licensed criminologists shall
be given preference for lateral entry.
Section 37. Penal Clause. - A fine of not less than One hundred thousand pesos (100,000.00)
nor more than Five hundred thousand pesos (P500,000.00), or imprisonment for not less than
two (2) years and one (1) day nor more than six (6) years, or both, at the discretion of the court
shall be imposed upon any person who shall commit any of the following acts:
(a) Practicing criminology without valid certificate of registration and a valid professional
identification card or a valid seal, certificate of registration and professional identification card of
a registered temporary/special permit, (b) Attempting to use the criminologist or
temporary/special permit issued to a foreign criminologist, (c) Abetting the illegal practice of
criminology by an unregistered or unauthorized person, (d) Securing through false information
or fraudulent means certificate of registration and professional identification card or
temporary/special permit;
(1) Violating any provision of this Act or the IRR thereof. Where the violator is a juridical person,
the Board of Directors
(e) Impersonating a registered criminologist or a holder of a temporary/special permit, and
and other responsible officers of the corporation shall be held liable.
Section 38. Enforcement-In carrying out the provisions of this Act, the Board shall be assisted
by the Commission, the APO suly constituted government agencies and authorities and private
organizations in the industry. Chairperson of the PRC shall immediately include in the
Commission's programs the
Section 39. Appropriations. The mplementation of this Act, the funding of which shall be
included in the annual General Appropriations Act
Section 40. Transitory Provision - The incumbent Board shall, in an interim capacity,
continue to operate or function by carying out the provisions of this Act without need of new
appointments of the Chairperson and members thereof until the fir Board created under this Act
shall have been constituted or organized pursuant thereto
. Section 41.Implementing Rules and Regulations (IRR). - Within ninety (90) days from the
effectivity of this Act, the Board subject to approval by the Commission, and in coordination with
the APO, shall prescribe, promulgate and issue a Board18 Resolution on the IRR of this Act and
which shall be effective fifteen (15) days after its publication in the Official Gazette or in any
newspaper of general circulation.
Section 42. Separability Clause. - If any provision, section or part of this Act shall be declared
unconstitutional or invalid, such Judgment shall not affect, invalidate or impair any other
provisions, sections or parts hereof.
Section 43. Repealing Clause - Republic Act No. 6506, otherwise known as "An Act Creating
the Board of Examiners for Criminologists in the Philippines and for Other Purposes", is hereby
repealed. All other laws. Republic Acts, decrees, orders. letters of instruction, rules and
regulations or other issuances, and parts thereof inconsistent with the provisions of this Act are
kewise repealed or modified accordingly.
Section 44. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in any newspaper of general circulation.22
CHAPTER 4
Oath of Office for Public Officers and Employees, and Code of Conduct and Ethical
Standards among Government Officials and Employees.
Section 2. Declaration of Policies. - It is the policy of the State to promote a high standard of
ethics in public service. Public
officials and employees shall at all times be accountable to the people and shall discharge their
duties with utmost
responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest
lives, and uphold public interest over personal interest.
(a) "Government" includes the National Govemment, the local governments, and all other
instrumentalities, agencies or branches of the Republic of the Philippines including government-
owned or controlled corporations, and their subsidiaries.lawphit.net
(b) "Public Officials" includes elective and appointive officials and employees, permanent or
temporary, whether in the career or non-career service, including military and police personnel,
whether or not they receive compensation, regardless of amount.
(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of
another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition
thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in
anticipation of, or in exchange for, a favor from a public official or employee.
(d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a person
other than a member of his family or relative as defined in this Act, even on the occasion of a
family celebration or national festivity like Christmas, If the value of the gift is neither nominal
nor insignificant, or the gift is given in anticipation of, or in exchange for, a favor.
(e) "Loan" covers both simple loan and commodatum as well as guarantees, financing
arrangements or accommodations intended to ensure its approval.
(1) "Substantial stockholder" means any person who owns, directly or indirectly, shares of stock
sufficient to elect a director of a corporation. This term shall also apply to the parties to a voting
trust.
(g) "Family of public officials or employees" means their spouses and unmarried children under
eighteen (18) years of
age. (h) "Person" includes natural and juridical persons unless the context indicates otherwise.
(1) "Conflict of interest" arises when a public official or employee is a member of a board, an
officer, or a substantial
stockholder of a private corporation or owner or has a substantial interest in a business, and the
interest of such corporation or business, or his rights or duties therein, may be opposed to or
affected by the faithful performance of official duty.
relatives as defined in this Act. (k) "Relatives" refers to any and all persons related to a public
official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso
and balae.
Section 4. Norms of Conduct of Public Officials and Employees. (A) Every public official
and employee shall observe the following as standards of personal conduct in the discharge
and execution of official duties:23
(a) Commitment to public interest. - Public officials and employees shall always uphold the
public interest over and above personal interest. All government resources and powers of their
respective offices must be employed and used efficiently, effectively, honestly and
economically, particularly to avoid wastage in public funds and revenues.
(b) Professionalism. - Public officials and employees shall perform and discharge their duties
with the highest degree of excellence, professionalism, intelligence and skill. They shall enter
public service with utmost devotion and dedication to duty. They shall endeavor to discourage
wrong perceptions of their roles as dispensers or peddiers of undue patronage.
(c) Justness and sincerity. - Public officials and employees shall remain true to the people at
all times. They must act with justness and sincerity and shall not discriminate against anyone,
especially the poor and the underprivileged. They shall at all times respect the rights of others,
and shall refrain from doing acts contrary to law, good morals, good customs, public policy,
public order, public safety and public interest. They shall not dispense or extend undue favors
on account of their office to their relatives whether by consanguinity or affinity except with
respect to appointments of such relatives to positions considered strictly confidential or as
members of their personal staff whose terms are coterminous with theirs.
(d) Political neutrality. - Public officials and employees shall provide service to everyone
without unfair
discrimination and regardless of party affiliation or preference.
(e) Responsiveness to the public. - Public officials and employees shall extend prompt,
courteous, and adequate service to the public. Unless otherwise provided by law or when
required by the public Interest, public officials and employees shall provide information of their
policies and procedures in clear and understandable language, ensure openness of information,
public consultations and hearings whenever appropriate, encourage suggestions, simplify and
systematize policy, rules and procedures, avoid red tape and develop an understanding and
appreciation of the socio-economic conditions prevailing in the country, especially in the
depressed rural and urban areas.
(1) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to
the Republic and to the Filipino people, promote the use of locally produced goods, resources
and technology and encourage appreciation and pride of country and people. They shall
endeavor to maintain and defend Philippine sovereignty against foreign intrusion.
(g) Commitment to democracy. - Public officials and employees shall commit themselves to
the democratic way of life and values, maintain the principle of public accountability, and
manifest by deeds the supremacy of civilian authority over the military. They shall at all times
uphold the Constitution and put loyalty to country above loyalty to persons or party
. (h) Simple living. - Public officials and employees and their families shall lead modest lives
appropriate to their positions and income. They shall not indulge in extravagant or ostentatious
display of wealth in any form.
(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of
these standards including the dissemination of information programs and workshops authorizing
merit increases beyond regular progression steps, to a limited number of employees recognized
by their office colleagues to be outstanding in their observance of ethical standards; and (2)
continuing research and experimentation on measures which provide
positive motivation to public officials and employees in raising the general level of observance of
these standards. Section 5. Duties of Public Officials and Employees. - In the performance of
their duties, all public officials and employees are under obligation to: lawphi1.net
(a) Act promptly on letters and requests. - All public officials and employees shall, within
fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of
communications sent by the public. The reply must contain the action taken on the request.
(b) Submit annual performance reports. - All heads or other responsible officers of offices
and agencies of the government and of government-owned or controlled corporations shall,
within forty-five (45) working days from the end of the year, render a performance report of the
agency or office or corporation concerned. Such report shall be open and available to the public
within regular office hours.
(c) Process documents and papers expeditiously. - All official papers and documents must
be processed and completed within a reasonable time from the preparation thereof and must
contain, as far as practicable, not more than three (3) signatories therein. In the absence of duly
authorized signatories, the official next-in-rank or officer in charge shall sign for and in their
behalf.24
(d) Act immediately on the public's personal transactions. - All public officials and
employees must attend to anyone who wants to avall himself of the services of their offices and
must, at all times, act promptly and expeditiously.
(e) Make documents accessible to the public. All public documents must be made accessible
to, and readily available for inspection by, the public within reasonable working hours.
Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards
is hereby established in order to motivate and inspire public servants to uphold the highest
standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials
and Employees is hereby created composed of the following: The Ombudsman and Chairman
of me Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on
Audit, and two government employees to be appointed by the President, as members. shall be
the task of this Committee to conduct a periodic, continuing review of the performance of public
officials and employees, in all the branches and agencies of Government and establish a
system of annual incentives and rewards to the and that due recognition is given to public
officials and employees of outstanding merit on the basis of the standards set forth in this Act.
The conferment of awards shall take into account, among other things, the following: the years
of service and the quality and consistency of performance, the obscurity of the position, the level
of salary, the unique and exemplary quality of a certain achievement, and the risks or
temptations inherent in the work. Incentives and rewards to government officials and employees
of the year to be announced in public ceremonies honoring them may take the form of bonuses,
citations, directorships in govemment-owned or controlled corporations, local and foreign
scholarship granits, paid vacations and the like. They shall kewise be automatically promoted to
the next higher position with the commensurate salary suitable to their qualifications. In case
there is no next higher position or it is not vacant, said position shall be included in the budget of
the office in the next General Appropriations Act. The Committee on Awards shall adopt its own
rules to govern the conduct of its activities. Section 7. Prohibited Acts and Transactions. In
addition to acts and omissions of public officials and employees now prescribed in the
Constitution and existing laws, the following shall constitute prohibited acts and transactions of
any public official and employee and are hereby declared to be unlawful:
(a) Financial and material interest. - Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any transaction requiring the approval of their
office.
(b ) Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by
their office unless expressly allowed by law; (2) Engage in the private practice of their
profession unless authorized by the Constitution or law, provided, that such practice will not
conflict or tend to conflict with their official functions; or (3) Recommend any person to any
position in a private enterprise which has a regular or pending official transaction with their
office.
These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from office, except in the case of subparagraph (b) (2) above, but the
professional concerned cannot practice his public profession in connection with any matter
before the office he used to be with, in which case the one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. Public officials and employees shall not
use or divulge, confidential or classified information officially known to them by reason of their
office and not made available to the public, either.
(2) To prejudice the public interest.) Solicitation or acceptance of gifts. - Public officials and
employees shall not solicit or accept, directly or indirectly, (d any gift, gratuity, favor,
entertainment, loan or anything of monetary value from any person in the course of their gifts or
grants from foreign governments, the Congress consents to: official duties or in connection with
any operation being regulated by, or any transaction which may be affected by the functions of
their office.
As to (1) The acceptance and retention by a public official or employee of a gift of nominal value
tendered and received as a souvenir or mark of courtesy,
(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or
fellowship grant or medical treatment; or25
(ii) The acceptance by a public official or employee of travel grants or expenses for travel taking
place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of
more than nominal value if such acceptance is appropriate or consistent with the interests of the
Philippines, and permitted by the head of office, branch or agency to which he belongs. The
Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of
this subsection, including pertinent reporting and disclosure requirements. Nothing in this Act
shall be construed to restrict or prohibit any educational, scientific or cultural exchange
programs subject to national security requirements.
Section 8. Statements and Disclosure. - Public officials and employees have an obligation to
accomplish and submit Declarations under oath of, and the public has the right to know, their
assets, liabilities, net worth and financial and business Interests including those of their spouses
and of unmarried children under eighteen (18) years of age living in their households. (A)
Statements of Assets and Liabilities and Financial Disclosure. All public officials and employees,
except those who serve in an honorary capacity, laborers and casual or temporary workers,
shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of
Business Interests and Financial Connections and those of their spouses and unmarried
children under eighteen (18) years of age living in their households. The two documents shall
contain information on the following:
(a) real property, its improvements, acquisition costs, assessed value and current fair market
value,
(b) personal property and acquisition cost
(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like;
(d) liabilities, and;
(e) all business interests and financial connections.
All public officials and employees required under this section to file the foretasted documents
shall also execute, within thirty (30) days from the date of their assumption of office, the
necessary authority in favor of the Ombudsman to obtain from all appropriate government
agencies, including the Bureau of Internal Revenue, such documents as may show their assets,
liabilities, net worth, and also their business interests and financial connections in previous
years, including, if possible, the year when they first assumed any office in the Government
Husband and wife who are both public officials or employees may file the required statements
jointly or separately. The Statements of Assets, Liabilities and Net Worth and the Disclosure of
Business Interests and Financial Connections shall be filed by:
(1) Constitutional and national elective officials, with the national office of the Ombudsman; the
Senate and the House of Representatives,
(2) Senators and Congressmen, with the Secretaries of respectively, Justices, with the Clerk of
Court of the Supreme Court, Judges, with the Court Administrator; and all national executive
officials with the Office of the President.
(3) Regional and local officials and employees, with the Deputy Ombudsman in their respective
regions; (4) Officers of the armed forces from the rank of colonel or naval captain, with the
Office of the President, Deputy Ombudsman in their respective regions; and and those below
said ranks, with the (5) All other public officials and employees, defined in Republic Act No.
3019, as amended, with the Civil Service Commission.
(B) Identification and disclosure of relatives. - It shall be the duty of every public official or
employee to identify and disclose, to the best of his knowledge and information, his relatives in
the Government in the form, manner and frequency prescribed by The Civil Service
Commission
. (C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be
made available for inspection at reasonable hours.
(2) Such statements shall be made available for copying or reproduction after ten (10) working
days from the time they are filed as required by law.
(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to
cover the cost of reproduction and mailing of such statement, as well as the cost of certification.
(4) Any statement filed under this Act shall be available to the public for a period of ten (10)
years after receipt of the statement. After such period, the statement may be destroyed unless
needed in an ongoing Investigation.
D) Prohibited acts. It shall be unlawful for any person to obtain or use any statement filed
under this Act for:26
(a) any purpose contrary to morals or public policy; or (b) any commercial purpose other than by
news and communications media for dissemination to the general public.
Section 9. Divestment - A public official or employee shall avoid conflicts of interest at alltimes.
When a conflict of interest anses, he shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of office and/or divest himself of his
shareholdings or interest within sixty (60) days from such assumption The same nude shall
apply where the public official or employee is a partner in a partnership The requirement of
divestment shall not apply to those who serve the Govemment in an honorary capacity nor to
laborers and casual or temporary workers.
Section 10. Review and Compliance Procedure. - (a) The designated Committees of both
Houses of the Congress shall stablish procedures for the review of statements to determine
whether said statements which have been submitted on time, are complete, and are in proper
form. In the event a determination is made that a statement is not so filed, the appropriate
Committee shall so inform the reporting individual and direct him to take the necessary
corrective action. (b) In order to carry out their responsibilities under this Act, the designated
Committees of both Houses of Congress shall have the power within their respective
jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered by this
Act, subject in each instance to the approval by affirmative vote of the majority of the
particular House concerned. The individual to whom an opinion is rendered and any other
individual involved in a similar factual situation, and who, after issuance of the opinion acts in
good faith in accordance with it shall not be subject to any sanction provided in this Act. (c) The
heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as
their respective offices are concemed, subject to the approval of the Secretary of Justice, in the
case of the Executive Department and the Chief Justice of the Supreme Court, in the case of
the Judicial Department.
Section 11. Penalties. (a) Any public official or employee, regardless of whether or not he
holds office or employment in a casual, temporary, holdover, permanent or regular capacity,
committing any violation of this Act shall be punished with a fine not exceeding the equivalent of
six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the
gravity of the offense after due notice and hearing by the appropriate body or agency. If the
violation is punishable by a heavier penalty under another law, he shall be prosecuted under the
latter statute. Violations of Sections 7. 8 or 9 of this Act ll be punishable with imprisonment not
exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or
both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public
office. (b) Any violation hereof proven in a proper administrative proceeding shall be sufficient
cause for removal or dismissal of a public official or employee, even if no criminal prosecution is
instituted against him.
(d) The official or employee concemed may bring an action against any person who obtains or
uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such
action is brought may assess against such person a penalty in any amount not to exceed
twenty-five thousand pesos (P25,000). If another sanction hereunder or under any other law is
heavier, the latter shall apply.
Section 13. Provisions for More Stringent Standards. - Nothing in this Act shall be construed
to derogate from any law, or any regulation prescribed by anybody or agency, which provides
for more stringent standards for its official and employees. Section 14. Appropriations. - The
sum necessary for the effective implementation of this Act shall be taken from the
appropriations of the Civil Service Commission. Thereafter, such sum as may be needed for its
continued implementation shall be included in the annual General Appropriations Act.27
Section 15. Separability Clause. - If any provision of this Act or the application of such
provision to any person or circumstance is declared invalid, the remainder of the Act or the
application of such provision to other persons or circumstances shall not be affected by such
declaration.
Section 16. Repealing Clause. - All laws, decrees and orders or parts thereof inconsistent
herewith, are deemed repealed or modified accordingly, unless the same provide for a heavier
penalty.
Section 17. Effectivity. - This Act shall take effect after thirty (30) days following the completion
of its publication in the Official Gazette or in two (2) national newspapers of general circulation.
Approved, February 20, 1989.31
CHAPTER 5
As a law enforcement officer, my fundamental duty is to serve mankind, to safeguard life and
property: to protect recent against deceptioights of all minst oppression or intimidation and the
peaceful against violence or disorder, and to sect the constitutional rights of all men, liberty
equality and justicen
I will keep my private life unsullied as an example to all maintain courageous calm in the face of
danger, scom or develop self-restraint and be constantly mindful of the welfare of the others.
Honest in thought and deed in both my personal and official life. I will be exemplary in obeying
the laws of the land and regulations of my organization. Whatever I see or hear of a confidential
nature or that is confided to me in my official capacity will be kept ever secret unless revelation
is necessary in the performance of my duty.
I will never act officiously or permit personal feelings, prejudices, animosities or friendship to
influence my decision, with no compromise for crime and with relentless or favor, malice or ill-
will, never employing unnecessary force or violence and never accepting gratuities in return.
recognize the badge of my office as a symbol of public faith and I accept it as a public trust to
hold so long as I am me to the ethics of police service. I will never engage inn acts of corruption
or bribery, nor will condone such acts by other police officers. I will cooperate with all legally
authorized agencies and their representatives in the pursuit of justice.
I know that I alone responsible for my own standard of professional performance and will take
every reasonable
opportunity to enhance and improve my level of knowledge and competence. I will constantly
strive to achieve these
objectives and ideals, dedicating myself before God to my chosen profession... Law
Enforcement.
He shall be firm in refusing gifts, favors or gratitude, large or small, which can be public mind, be
interpreted as capable of influencing his judgment in the discharge of his duties. 10. Impartial
10.Presentation of Evidence
Policeman shall concemed equally in the prosecution of the accused of the defense of the
innocent.
He shall ascertain what kind of evidence and shall present such evidence
He shall ignore social, political and all other distinction among the person involve impartially and
without malice strengthening the tradition of the reliability and integrity pf an officers word. He
shall be, mindful that in many situation be is the sole impartially testimony to the facts of the
case
Through study and experience, a police officer can acquire the high level of knowledge and
competence that is essential for the efficient and effective performance of duty. The acquisition
of knowledge is a never-ending process and professional development that should be pursued
constantly.
b. The ability of the police to perform their duty is dependent upon community support of police
existence, actions, behavior and the ability of the police to secure and maintain community and
respect.
Force should be used only with the greatest restraint and only after discussion negotiation and
persuasion have been found to be inappropriate or ineffective. While the use of force is
occasionally unavoidable, every police officer will refrain from applying the unnecessary
infliction of pain or suffering and will never engage in cruel, degrading or inhuman treatment of
any person.
b. No violence or unnecessary force shall not be subject to any greater restrain than
b Impartial enforcement of laws on all individual members of the, society without regard to their
race or social standing.
b. The police are the only members of the community who are paid to give full time attention to
maintain peace and order which are incumbent on every citizen in the interest of community
welfare.
R36 never appear to usurp the powers of judiciary by averaging individuals of the state of
authoritative judging guilt or punishing the guilt
Reduction of Crime and Disorder The test of police efficiency is the reduction of crime and
disorder until totally eradicated, not by evidence of police
present and action in dealing with the community. Rule of Enforcement Impartially observed
Policemen engaged in anti-crime operation must always consider the safety and security of who
might be caught in the crossfire or arm encounters
The use of force including firearms, justifiable only by virtue of the Doctrine of Self-Defense and
Defense of Stranger. Nobody, including the police man and other law enforcement authorities, is
above the law.
The use of force, especially firearms, should be applied only as a last resort, when all other
peaceful and non-violent means has been exhausted.
d. The use of force, especially firearms, should be confined only in the lawless elements and the
responding PNP unit. This is inherent in the police service in which the profession, armaments
and safety life of every PNP members are dedicated to the protection and safety of the people.
● Love of God
● Responsible dominion
● Truthfulness
1. I believe in God, the Supreme Being a Great provider, the Creator of all men and
everything dear to me.
2. I believe that respect of authority is a duty
I believe and uphold the Constitution, the laws of the land and the
a .applicable rules and regulations
b. I recognize the legitimacy and authority of the leadership, and follow and and obey legal
orders of my superior officers.
1. PNP Image
The image of any organization affects the esprit de corps, morale and welfare of members and
sense of pride to the organization. In view thereof, all members of the PNP should conduct
themselves in manner that would not place the PNP core values in vain and possess the
following virtue:
a Honor
b Integrity
c. Valor
d. Justice
e Honesty
f.Humility
g.Charity
h Loyalty to the service
4. Delicadeza
a.In consonance with the requirements of honor and integrity in the PNP, all member must have
the moral courage to sacrifice self-interest in keeping with the time-honored principles of
Delicadeza.
b. All members shall promptly discharge all debts and legal liabilities incurred by them
5. Equality in the Service
There shall be judicious equitable distribution of opportunity to prove one's worth in the police
service. The problem on inequality thru class orientation and factionalism, both real and
perceived, précised on favored assignment, inequitable opportunity, of training, unfair granting
of promotion, and untimely awarding of achievements will create an atmosphere of
demoralization.
6. Police Lifestyle
a The PNP shall endeavor to promote lifestyle for every member of the organization that is
acceptable and respectable in the eyes of the public.
b. Police officers will behave in a manner that does not bring discredit to their agencies or
themselves. A police officers character and conduct while off duty must always be exemplary,
thus maintaining a position of respect in the community in which he or she lives and serves.
7. Police Patronage
All PNP members must inhibit themselves from soliciting political patronage in matters
pertaining to assignment, awards, training and promotion.
8. Human Rights
All PNP members must respect and protect human dignity and men's inalienable rights to life,
liberty and prosperity.
1. Any person under investigation for the commission of an offense have the night to inform of
his right to remain silent and have competent and independent counsel of is own choice. If the
person cannot ford the services of counsel, he must be provided with one. These rights cannot
be waived except in writing and in the presence of counsel
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against herself
1. The right of the people to be secured in their persons, houses, papers, and eflects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant of amest shall be issued except upon probable cause to be determine
personally by the judge after examination under bath or affirmation of the complainant and the
witnesses be may produce, and particularly describing the place to be searched and the person
or thing to be seized.
c. They shall at all times uphold the constitution and be loyal to our country, people and
organization above
loyalty to any person or organization.
personal interest
b. All government properties, resources and powers of their respective offices must be
employed and used effectively, honestly and efficiency, particularly to avoid wastage of public
fund and revenues
3. Non-Partisanship
PNP members shall provide service to everyone without discrimination regardless of party,
affiliation in accordance with existing laws and regulations.
The peace keeping detail shall not be stationed in the picket but should station such that their
presence may deter the commission of criminal acts from either side. The members of peace
keeping detail shall maintain themselves outside a meter radius doughfare for the purpose ept if
the 50 meter radius include public thoroughfare, they may station the outside a ch public
thoroughfare the insuring the free flow of traffic
Secrecy Discipline
All PNP members shall guard the confidentiality of classified information against unauthorized
disclosure, including idential aspect official business special orders, communication and other
documents, roster or any portion thereof of the PVP, contents of criminal records, identities of
person who may have given information to the police in confidence and other cassified
information on intelligence materials. Official Business Members of the PNP shall treat official
business confidential and shall not impart the same to anyone except those or whom it
intended, or as directed by their superior officer, or as required by law.
Special Order
A PNP members shall not divulge to any unauthorized person any special order or classified
document which they may be made accessible to or may receive or may pass their hands.
C .Roster
PNP members shall not divulge the roster or any portion thereof to any individual, firm or
corporation, or similar entity.
d. Criminal Record
Contents of criminal record shall not be exhibit or divulge, any person other than the duly
authorized police officers or upon approval of their superior officers, or as required by law.
Identity of Person
PNP members shall respect the confidence of persons who may have given information or
seek the aid of the police voluntarily and exclusively by then and who request that their names
and business or addresses be not be made public except nen required by law, or which it is
absolute necessary in the performance of duty.
6. Social Awareness
All PNP members and their immediate family members shall be encouraged to actively get
involve in the religious, social and civic activities to enhance the image of the organization but
without affecting their official duties.
All PNP members shall be responsible for the security, proper care and use of
a property issued to them and or deposited under care and custody, unauthorized used of public
property for personal convenience or gain and that of their family, friends, relatives I strictly
prohibited Retiring, resigning, or dismissed members of the PNP shall immediately surrender
their badges, service firearms, identification cards, other insignia of office, and other property of
the
PNP which may be in their possession or under their responsibility. All recovered property,
these used in the commission of crime or alleged to be so, properly legally seized, found or
surrendered and those found on the person of a prisoner, shall be property tagged and
immediately delivered to the proper custodian for disposition
8. Non-Solicitation of Patronage
All PNP members seeking self-improvement through career development and shall no be
directly or indirectly solicit Influence or recommendation from politician, high ranking
government officials, prominent citizens, persons affiliated with civic or religious organization
with regard to their assignment, promotion, transfer or related advantage. Shall not initiate an
petition to be prepared and presented by citizen in their behalf.
Moreover, they shall advise immediate relatives not to interfere in their activities in the police
service, particularly in the assignment and re assignment of personnel. Members of the PNP
shall not, at any time, suggest, solicit or recommend to any particular bondsman or counsel for
his defense or release.
10 Devotion to Duty
a All PNP members shall perform their duties with dedication, efficiency, enthusiasm,
determination and manifest concemed for public welfare.
b He shall refrain from engaging in any activity which shall be in conflict with their duties as
public servants.
C. He shall not reign sickness or injury or physical incapacity to avoid performance of duty. He
shall not leave his assigned jurisdiction of official business, except by
d. permission of his superior officer or other competent authority, unless such permission is not
practical as in not pursuit criminal, in which case a report must be made immediately thereafter.
Pollution - Means alteration of the physical, chemical and biological properties of any water,
airior land resources of the Phil. or any discharge thereto of any liquid liquid gaseous or solid
wastes as well or is likely to create or to render centrimentol or injurious to public health.
Prohibited Acts
a .It shall be unlawful for any owner or operator of motor vehicle to allow it to discharge air
pollution t levels greater than acceptable pollutant concentration standards prescribed by the
National Pollution Control Commission.
b.The owner or operator of a motor vehicle shall not use his vehicle or cause or allow it to be
used unless such motor vehicle meets the established omission standards.
C. Any person, who shall litter or throw garbage, filth, or other matters in public places, such as
roads, canal esteros or parks, shall suffer an imprisonment of not less than P100.00 nor more
than P200.00 or both such fine imprisonment at the discretion of the Court.
d. It shall be unlawful for any person, who directly or indirectly cuts, gathers, removes or
smuggles timber, or other forest product, either from any of the public forest, forest reserves and
other kinds of public forest.
12. Discipline
PNP members shall conduct themselves at all times in keeping with the rules and gulation of the
organization.
Tenets of Discipline
All policeman at all levels shall adhere to the eight tenets of discipline, which Include the
following:
● One of the first signs of discipline is the stage or orderliness and cleanliness of the
policeman's place work.
● If a police station is unkept, people cannot expect
● the kind positive responds to their needs.
● All police actions must be characterized by courtesy and discipline.
● All objectives of the PNP must always be for the public interest and not private interest.
● The people must feel that they are welcome to approach any member of the PNP for
assistance.
● All citizens must be treated with dignity and respect.
● All police actions must be in accordance with the law. Respect for human rights ad other
laws of the land must be primordial concem in the exercise of police duties.
● Basic police service must be rendered equitably for all citizens and must not given in
exchange for anyfavor, reward or condition. Involvement of police personnel in
syndicated crime particularly illegal gambling must not be tolerated.
● model of public service, must show proper behavior not only to their subordinates but
also to the people.
● There is no substitute for leadership by example. Police Commanders, as
13. Loyalty
PNP members must be loyal to the constitution and the police service as manifested by their
loyalty to the superior peers and subordinate as well.
14.Obedience to Superior
PNP members shall obey lawful orders and to be courteous to superior officers and other
appropriate authorities within the chain of command.
15.Command Responsibility
No members shall use abusive, insulting or indecent language to another member.
In accordance with the Doctrine of Command Responsibility, immediate commanders shall be
control and direction of their personnel.
responsible for the effective supervision, He shall see to it that all government resource with
laws and regulations and safeguards against losses thru illegal of improper disposition.
1. Morality
a. All PNP members shall adhere to high standard of morality and decency and shall set good
example for others to follow.
b. Hence, among others, and in no instance during their terms of police shall they be involved
as owner, operators, manager or investor in any house of ill-refute and illegal gambling den or
other places devoted to vice or,
c. Shall they patronize such places unless on officials duty, and not tolerate operations of such
establishment in their prospective areas of responsibility,
e. All PNP members shall exercise proper legitimate use of authority in the performance of duty.
. NO PNP members shall be permitted to apply for search warrant for any evidence of assault
against him without reporting the case in writing to his superior officer and obtaining from his
permission to apply for such warrant.
c. In no case shall any aggrieved PNP member be permitted to serve such warrant.
The term "Law of the Jungle" is derived from the word "jungie" itself, because in the jungle, in
order that the "King of the Jungle", the lion could continue to live or to exist, it has to kill its
fellow creatures and or use them for food. But man is nigher than animals. He is wise and uses
his power to think unlike animals that are only government by their instincts.
1. Justice
PNP members shall strive constantly to respect the rights of other so that they can fulfill their
duties and exercise their nights as human beings, parents, children, citizens workers, leaders,
or in other capacities and to see that others do likewise.
4. Humility
a All PNP members shall recognize the fact that they are public servants and not the master of
the police and toward this end, they should not perform their dutie without arrogance. b. They
should also recognize their own inadequacies, inabilities and limitations as individuals and
perform their duties
All PNP shall follow logical procedure in accomplishing task assigned to them to minimize waste
in the use of time, money and efforts
6. Perseverance
Once a decision is made all PNP members shall take legitimate means to achieve the goal even
in the face of Internal or external difficulties, and despite of anything which might weaken their
resolve in the course of time.
7. Integrity
PNP members shall not allow themselves to be victims of corruption and dishonest practices in
accordance with the provision of existing laws on corrupt practices.CHAPTER 6
General Statement. The PND adopts the generally acceptable customs and traditions based on
the desirable practices of the Presenice. These shall serve to inspire PNP members as the
organization endeavors to attain its goals and objectives.
Definition of Terms:
Dons-Established usage or social practices carried on by tradition that has obtained the force of
law. totors-Bodies of beliefs, stories, customs and usages handed down from generation to
generation with the effect of an
Cremony-A formal act or set of formal acts established by customs or authority as proper to
special occasion. Scal Decorum-A set of norms and standards practiced by members during
social activities and other functions. Section
Police Customs on Courtesy the following are customs on courtesy in the PNP:
Saline-Salute is the usual greetings rendered by uniformed members upon meeting and
recognizing person entitled to a
Salute to National Color and Standard - Members stand at attention and salute the national
color and standard as this pass ty mem or when the national color is raised or lowered during
ceremonies.
Address/Title-Junior in rank address senior members who are entitled to salute with the word
"Sir" or "Ma'am". All Police Commissioned Officers shall be addressed sir or ma'am by Police
Non-Commissioned Officers and Non-Uniformed Personnel.
Courtesy Call of Newly Assigned/Appointed Member - PNP members who are newly
appointed or assigned in a unit or command call on the chief of the unit or command and other
key personnel as a matter of courtesy, as well as for accounting. eventation and other purposes.
Christmas Call-PNP members pay a Christmas Call on their local executives in their respective
areas of responsibility.
New Year's Call-PNP members pay a New Year's call on their commanders and/or key
officials in their respective areas responsibility
.
Promotion Call-Newly promoted PNP members call on their unit head. On this occasion, they
are usually given due cognition and congratulations by their peers for such deserved
accomplishment.
Exit Call-PNP members pay an Exit Call on their superiors in the unit or command when
relieved or reassigned out of the sald unit or command.
Courtesy of the Post-The host unit extend hospitality to visiting personnel who pay respect to
the command or unit.
Rank Has-its-Own Privilege (RHIP) -PNP members recognize the practice that different ranks
carry with them comesponding privileges.
1. Flag Raising Ceremony-PNP members honor the flag by hoisting il and singing the National
Anthem before the start of the official day's work.
2. Fag Lowering Ceremony - At the end of the official days' work, the PNP members pause for
a moment to salute the lowering of the flag. .
3.Half-Mast-The flag is raised at half-mast in deference to deceased uniformed members of the
command. 4. Funeral Service and Honors - Departed uniformed members, retirees, war
veterans or former PC/INP members are given necological services and graveside honors as a
gesture of farewell.
5. Ceremony Tendered to Retirees - In recognition of their long, faithful and honorable service
to the PNP, a testimonial ivity shall be tendered in their honor.
6.Honor Ceremony-Arrival and departure honor ceremonies are rendered to visiting dignitaries,
VIPs, PNP Officers with the grade of Chief Superintendent and above and AFP officers of
equivalent grade, unless waived.
7.Tumover Ceremony - The relinquishment and assumption of command or key position is
publicly announced in a Turnover Ceremony by the outgoing and incoming officers in the
presence of the immediate superior or his representative. Outgoing Commander/Director should
not leave his post without proper turnover. Turn-over includes turnover of properties/equipment,
human and material resources.
8.Wedding Ceremony-During mariage of PNP members, a ceremony is conducted with
participants in uniform and swords drawn
9.Annversary - The birth or institutional establishment of a command or unit is commemorated
in an Anniversary Ceremony.
Visting the Sick. Immediate commanders or other available officers of the unit visit PNP
Members who are sick in the tal their residence or any place of confinement in order that their
needs are attended to .
survivor Assistance of Heir of Deceased Members- A survivor officer is designated
whenever PNP members die, to render maximum assistance to their bereaved family until all
benefits due shall have been received. Visiting the Religious Leaders- PNP Officers visit
religious leaders in their areas of assignment to establish or maintain Report and cooperation
between the different religious leaders and the PNP
Anietics-PNP members indulge in physical fitness activities oinsure that their proper physical
appearance and bearing are smallier than the size of his chest and in conformity with the
standard set forth by the organization.
Happy Hours- Usually on Friday or any other day suitable for the occasion, PNP members
gather together at their PNP cub for a light hearted jesting or airing of minor gripes.
Spiritual Beliefs- PNP members are traditionally religious and God-loving person. They attend
religious services together with the members of their family.
Valor- History attests that the Filipino law enforcers have exemplified the tradition of valor in
defending the country from pression and oppression and protecting/preserving the life and
property of the people. They sacrificed their limbs and lives or the sake of their countrymen
whom they have pledged to serve.
Patrictism- The PNP members are traditionally patriotic by nature. They manifest their love of
country with a pledge of iance to the flag and a vow to defend the constitution.
Disipline- The discipline of the PNP members is manifested by instinctive obedience to lawful
orders and thorough and spontaneous actions towards attainment of organizational objectives
guided by moral, ethical and legal norms.
Gentlemanliness-PNP members are upright in character, gentle in manners, dignified in
appearance, and sincere in their concem to fellowmen.
Word of Honor-PNP members' word is their bond. They stand by and commit to uphold it.
Duty- PNP members have historically exemplified themselves as dedicated public servants who
perform their tasks with a sense of responsibility and self-sacrifice. They shall readily accept
assignment anywhere in the country.
Loyalty- PNP members are traditionally loyal to the organization, country and people as borne
by history and practice.
Camaraderie- The binding spirit that enhances teamwork and cooperation in the police
organization, extending to the people they serve, in manifested by the PNP members' deep
commitment and concem for one another.
CHAPTER 7
Proper Decorum or Polite Behavior, and Etiquette
POLICE PERSONAL APPEARANCE AND THE COMMUNITY
1. He shall be properly attired and equipped whenever he appears before the public.
2. He carries with him only the prescribed regulation weapons and other related items.
3. He shall dress moderately and of good taste if and when he must wear civilian clothes.
4. He must maintain good posture and grooming.
5. He must see to it that his uniform is clean and properly maintained.
A satisfactorily uniform, comfortable for the officer and pleasant to the eye is important. An
attractive snappy uniform influence the moral of the policeman as well as the "Esprit de Corps"
of the entire police force.
A policeman should be kept in a condition of good health and cleanliness and not be permitted
to become wrinkled or stained. He should have at least two uniforms to facilitate and maintain
cleanliness.
It will contribute to the effectiveness of these inspections of then are called at rather short notice
and not regularly scheduled.
★ Police officer must establish habits of conversation which are pleasing to the listener bect
matter or the method of presentation and avoid giving offense either by the
★ must watch his diction and his English, test he falls into sloppy habits of speech. The
attitude of police officer is quite Important as his physical
★ keep his hands out of his pockets, whether engaged in conversation or otherwise
Although these Items may seem of little consequence, and perhaps in, more fundamental
analysis may be relatively mportant, most policemen are judge by their language and
conversation
Therefore, police officer who uses poor English or engage in questionable conversation will
never gain the respect of some stoens
The personal habits of the individual police officer strongly influence the attitude of the
community towards the police.
1.He should avoid restless habits such as tapping his finger or fact, whittling or other evidence
of nervousness.
2. He should not permit himself to develop such unpleasant personal habits such as hawking
and spitting, smoking while on duty in public place.
3. He should not smoke when speaking to a citizen, smoking habits that are offensive to the
public should not permit whether on the street or headquarters
police officer at the complaint desk who puffs a smelly pipe while receiving complaint from
citizen is indulging in an undesirable practice
.Policemen Must Avoid the Appearance of Evil
The policemen must not only avoid evil, he must also avoid the appearance of evil. Thus:
1. He should be careful to avoid questionable associates and to spend spare time and obtained
his recreation in the company of those whose character and reputation are irreproachable.
2. He must avoid controversial questions, those dealing, with religion, politics and the laws.
3.He must avoid domestic difficulties more assiduously than the average citizen.
4.Abstain from drinking intoxicating beverage to excess.
5. He shall not engage in any form of gambling except those allowed by law.
6. He should avoid entering any house or reported as being of ill-refute and other vice dens.
7. He shall not buy nor use or posses smuggled products.
8.He should avoid 'bad habits celebrating Christmas, New Year and other occasions by firing
their guns.
9.He shall avoid accepting any fees,
Appearance of Police Station HeadquartersThe station headquarters must have a business like
appearance, unsightly trash articles eliminated, thus, the police tontheadquarters must have the
following appearance
The police station headquarters should not only maintain a high standard of efficiency, but it
should give an appearance of efficiency. This is created by a business like attitude and conduct
on the part of the policemen. Thus, the policemen must avoid the following attitude:
1. Policeman should not rough house or amuse themselves in public view
2. They should restrict their activities to the assembly room or those sections of the station
reserved for their rest of reaction. Otherwise the public may conclude that they are lifting while
on duty.
3. He shall not in the station officer or elsewhere while on duty, drink any intoxicating liquor or
take prohibited drugs or report to duty under the influence of liquor or prohibited drugs, or
habitual drunkard to the prejudice of his duty.
4. Police should not indulge in loud, boisterous talk that can be heard by the public.
5. They should avoid an appearance of idieness and create an impression of business like
efficiency.
Clear Enunciation
A policeman should meet the following criteria for efficient telephone conversation:
1. Policeman should speak with deliberate care and clearances into the transmitted.
2. Policeman should have a good diction and expression of courtesy
CHAPTER 8
HUMAN RELATIONS
ARTICLE 19.Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone and observe honesty and good faith
ARTICLE20. Every person who, contrary to law, wifully or negligently causes damage to
another shall indemnifythe latter for
ARTICLE21. Any person who wilfully causes loss or injury to another in manner that is contrary
to morals, good customs or policy shall compensate the latter for the damage.
ARTICLE22. Every person who through an act of performance by another, or any other means,
acquires or comes into of something at the expense of the latter without just or legal ground,
shall retum the same to him.
Article 23. Even when an act or event causing damage to another's property was not due to the
fault or negligence of the cant, the latter shal be liable for indemnity if through the act or event
he was benefited.
ARTICLE 24. In al contractual, property or other relations, when one of the parties is at a
disadvantage on account of his moral endence, ignorance, Indigence, mental weakness, tender
age or other handicap, the courts must be vigilant for his
ARTICLE25. Thoughtless extravagance in expenses for pleasure or display during a period of
acute public want or emergency be stopped by order of the courts at the instance of any
government or private charitable institution
ARTICLE26. Every person shall respect the dignity, personality, privacy and peace of mind of
his neighbors and other persons owing and similar acts, though they may not constitute a
criminal offense, shall produce a cause of action for damages, on and other reliet
◆ Vexing or humillating another on account of his religious beliefs, lowly station in life, place
of birth, physical defect, or other personal condition
ARTICLE27. Any person suffering material or moral loss because a public servant or employee
refuses or neglects, without just perform his official duty may file an action for damages and
other rellef against the latter, without prejudice to any pinary administrative action that muty be
taken.
Article28 Unfair competition in agricultural, commercial or industrial enterprises or in labor
through the use of force. tation, deceit, machination or any other unjust, oppressive or
highhanded method shall give rise to a right of action by persoll who thereby suffers damage
ARTICLE29. When the accused in a crimeval prosecution is acquitted on the ground that his
guilt has not been proved beyond reasonable dout, a civil action for damages for the same act
or omission may be instituted. Such action requires only a onderance of evidence. Lipon motion
of the defendant, the court may require the plaintiff to file a bond to answer for in case the
sompiant should be found malicious
if in criminal case the judgment of acquittal is base upon the reasonable doubt, the court shall
so declare. In the absence of declaration that effect may be inferred from the text of the decision
whether or not the acquital is due to that ground.
Article 30. When a separate civil action is brought to demand civilability arising from a criminal
offense, and no criminal Weedings are instituted during the pendency of the civil case, a
preponderance of evidence shall likewise be sufficient to prove the act complained of.
ARticle31. When the civil action is based on an obligation not arising from the act or omissioni
complained of as a felony, such action may proceed independently of the criminal proceedings
and regardless of the result of the latter.
Article 32. Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and
liberties of another person shall be liable to the latter for damages
(1) Freedom of religion;
In any of the cases referred to in this article, whether or not the defendant's act or omission
constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate
and distinct civil action for damages, and for other relief. Such civil action shall proceed
independently of any criminal prosecution (if the latter be instituted), and may be proved by a
preponderance of evidence
Article 33. In cases of defamation, fraud, and physical injuries a civil action for damages,
entirely separate and distinct from the criminal action, may be brought by the injured party. Such
civil action shall proceed independently of the criminal prosecution, and shall require only a
preponderance of evidence
Article 34. When a member of a city or municipal police force refuses or fails to render aid or
protection to any person in case of danger to life or property, such peace officer shall be
primarily liable for damages, and the city or municipality shall be subsidiaryresponsibletherefore.
The civil action herein recognized shall be independent of any criminal proceedings, and a
proinderance of evidence shall suffice to support such action
Article 35. When a person, claiming to be injured by a criminal offense, charges another with
the same, for which no Independent civil action is granted in this Code or any special law, but
the justice of the peace finds no reasonable grounds to believe that a crime has been
committed, or the prosecuting attorney refuses or falls to institute criminal proceedings, the
complaint may bring a civil action for damages against the alleged offender. Such civil action
may be supported by a preponderance of evidence. Upon the defendant's motion, the court may
require the plaintiff to file a bond to indemnity the defendant in case the complaint should be
found to be malicious
If during the pendency of the civil action, information should be presented by the prosecuting
attomey, the civil action shall be suspended until the termination of the criminal proceedings.
Article 36. Pre-judicial questions, which must be decided before any criminal prosecution may
be instituted or may proceed shall be governed by rules of court which the Supreme Court shall
promulgate and which shall not be in conflict with the provisions of this Code
JUVENILE DELINQUENCY AND JUVENILE JUSTICE
SYSTEM
JUVENILE
- a young person who is physiologically intellectually immature or underdeveloped.
DELINQUENCY
- misbehavior; the quality or state of being delinquent.
JUVENILE DELINQUENCY
- it is the violation of law committed by a juvenile. it includes those acts that would be
crimes if committed by adults.
JUVENILE CRIME
- is any specific act prohibited by law for which society has provided a formally sanctioned
punishment.
ANCIENT TIMES
- infants were the property of their fathers and had no rights of their own. Their father
could even kill them for a number of practical reasons.
CHRISTIAN ERA
- under judaism and christianity the children's right to live was protected regardless of the
equality of life the commandment “thou shall not kill” has linked with the practice of
infanticide.
FRENCH LAW
- in the 19th century napoleon bonaparte formalized the civil code in france subjugating
women as legal minors of their inter lives
- under Napoleon's code wives could be beaten, punched and permanently disfigured for
minor disobedience or for scolding.
CHILD SAVERS
- actively pursued the passage of legislation that would permit placing children in
reformatories, especially juvenile paupers.
- The goal of removing children from extreme poverty was admirable but resulted in
transforming children into non persons or (people without legal rights).
HOUSE OF REFUGE
- A group home to rescue vagrant girls from almost certain lives as prostitutes.
POPE CLEMENT XI
- He established a center for the correction of profligate (immoral) youths so they could be
taught to be useful citizens.
ROBERT YOUNG
- He established the first private prison for young offenders in England to educate and
instruct the children of convicts or such other infant poor who are engaged in a vagrant
and criminal course of life in some useful trade or occupation.
1899
- the first juvenile or family court was established in cook country illinois.
1899 - 1967
- this has been referred to as the era of socialized juvenile justice.
ENOCH WINES
- He became the first president of the international penal congress.
- The philosophy behind the reformatory movement was that proper training in a
residential environment would offset the early experience of poverty, poor family life and
corruption.
COVERT PATHWAY
- begins with minor underhanded behavior that leads to damage to property. This
behavior eventually escalates into a more serious form of criminality.
OVERT PATHWAY
- escalates to aggressive acts beginning with aggression and leading to physical fighting
and then violence.
SCHOOL TRUANCY
- a pattern or repeated or habitual unauthorized absences from school by any juvenile
subject to compulsory education laws.
FAMILY FACTORS
- These include lack of guidance or parental supervision, domestic violence poverty drug
and alcohol abuse in the home and different attitudes towards education.
SCHOOL FACTORS
- These include the school climate issue.
ECONOMIC FACTORS
- These include employed students, single parent homes, parents who hold multiple jobs
and lack of affordable transportation for children.
STUDENT FACTORS
- These include drug and alcohol abuse, lack of understanding of the attendance of laws.
-
REPEATED USE OF INTOXICATING BEVERAGE
- repeated possession and/or conception of intoxicating beverages by a juvenile.
UNSOCIALIZED AGGRESSION
- rejected or abandoned no parents to imitate and become aggressive.
SOCIALIZED DELINQUENCY
- membership to fraternities or groups that advocate bad things.
OVER INHIBITED
- group secretly trains to do illegal activities, physical fighting and then to violence.
MALICIOUS
- expression of defiance
NEGATIVISTIC
- changeable attitudes like not being satisfied in status.
NON-UTILITARIAN
- vandalistic attitude like graffiti.
HEDONISTIC
- doing bad things for pleasure.
OCCASIONAL DELINQUENTS
- These delinquents participate in a group.
REISS
- found out that this delinquents are “relatively integrated”
JOHN W. KINCH
- describe this delinquents as prosocial (do what others are doing whether right or wrong)
-
SUBCULTURE
- a group of people who share a number of values and attitudes in common.
WILLIAM F. WHYTE
- describe these delinquents as non delinquents but are influenced by the society they live
in.
GANG DELINQUENTS
- generally commit the most serious in fractions.
- They are often sent to correctional institutions and most often continuous in a pattern of
semi-professional criminal behavior as an adult.
MALADJUSTED DELINQUENTS
- The activity stems from personality disturbance rather than gang activity or slum
residence.
- also called as “weak ego”, the “asocial”
SOCIALIZED DELINQUENT
- they become delinquent as a result of their social association with people from whom
they learn deviant values.
- they are more likely to become property violators than violent offender
NEUROTIC DELINQUENT
- These youth become delinquent as a result of distortion in their personality and their
ideas and perception of the world around them.
PSYCHOTIC DELINQUENTS
- They are used with severe personality disorder have a significantly distorted perception
of the society and people around them.
SOCIOPATHIC DISORDER
- These youth are characterized by an egocentric personality.
CHOICE THEORY
- assume that children have free will and are rational and intelligent people who make
informed decisions to commit crime based on whether they will benefit from doing so.
CLASSICAL SCHOOL
- views juveniles as rational intelligent people who have free will or the ability to make
choices.
- young people calculate the cost and benefits of their behavior before they act.
- crime is the result of their imagining better gains coming from breaking the law than from
obeying it.
CESARE BECCARIA
- believe that people are rational and intelligent beings who exercise free will.
JEREMY BENTHAM
- People who seek pleasure and avoid pain
- argued that the purpose of criminal law was to provide for the “greater happiness for the
greater number of people”.
- He also proposed that punishment fit the crime and that no single punishment was
always best.
NEOCLASSICAL SCHOOL
- agreed that people were rational intelligent beings who exercise free will however they
also thought some crimes were caused by factors behind offenders control.
MENS REA
–GUILTY MIND
TRAIT THEORY
- rooted in the biological and medical sciences content juveniles commit crimes because
of particular traits characteristics deficits or psychopathologies that they possess.
DESPAIR
- after a few days the child becomes withdrawn, sucks thumb
DETACHMENT
- loses interest to parents, and is not concerned whether they are around or not.
CONFORMING BEHAVIOR
- breeds a loving, friendly and just home
-
CRITICAL BEHAVIOR
- breeds a loving, liberal and open-minded home
DEVIANT BEHAVIOR
- breeds a loveless, lonely and problematic home life
ADAPTATIONS TO OPPRESSION:
1) Passive acceptance and subsequent obedience
2) Exercise of illegitimate coercive power
3) Manipulation of one's peer 4) Retaliation
Developmental theories
- point to life-experiences that mold individuals and send them along trajectories or
pathways.
Risk Factors
- situations, settings, events, or characteristics that increase the likelihood that one will
become delinquent Protective Factors
- situations, settings, events, or characteristics that decrease the likelihood that one will
become delinquent
HOME
- "Cradle of human personality" for in it the child forms fundamental attitudes and habit
that endure throughout his life.
- They are the persons who give the child: love, attention, guidance, security, standard
and all the other things he needs.
SCHOOL
- it is the strategic position to prevent crime and delinquency for the school receives the
child, observes, supervises, and teaches him for many hours a week during some of his
CHURCH
- it is where any and their fellowmen, denomination, and who by work which points and
example, their relationship to GOD them to live a moral life.
COMMUNITY
- shall mean, the local government, together with the society of individuals or institutions,
both public and private, in which a child lives.
LASCIVIOUS CONDUCT
- any intentional touching, either directly or through clothing of the genitalia, anus or groin,
breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus,
or mouth, of any person, whether of the same or opposite sex, gratify the sexual with an
intent to abuse, humiliate, harass, degrade, or arouse or desire the genitals or pubic
area of a person.
EXPLOITATION
- any hiring, employment, persuasion, inducement, or coercion of a child to perform
obscene exhibitions, indecent shows, whether live or video or film, or to pose or act as
model in obscene publication or pornographic materials, or to sell or to distribute said
materials.
Reintegrative Shaming
Involves expressions of community disapproval, ranging from mild chastisement to
formal sanctions by the court, followed by indications of forgiveness and reacceptance
into the acceptance into the community of responsible law-abiders.
Disintegrative Shaming
- A form of negative labeling by the juvenile justice system consistent with traditional
labeling notions that tends to stigmatize and exclude targeted youths, thereby tossing
them into a "class of outcasts”.
Willem Bonger
- Argued that capitalism engenders egoistic impulses (selfishness and personal ambition)
in all people, which inhibit tendencies toward developing a sense of responsibility to the
larger group.
- A socialist society, built upon socialist modes of production, will produce altruistic
impulses (a concern for the well-being of others) in all people.
Thorsten Sellin
- Believed conflict naturally arises between the conduct norms of groups and the crime
norms reflected in criminal law.
Crime Norms
- reflect rules that prohibit specific conduct provide punishments for violations.
Conduct Norms
- reflect the values, expectations, and actual behaviors of groups in everyday life.
George Vold
- Human nature leads people into groups. Groups form because common interests draw
people together. As new interests arise, new groups are created. However, "groups
come into conflict with one another as the interests and purposes they serve tend to
overlap, encroach on one another, and become competitive.”
Richard Quinney and William Chambliss
- Views that the fundamental causes of crime are the social and economic forces
operating within the society.
Power-Control Theory (John Hagan)
- Children participation in delinquency is affected by the relative position of fathers and
mothers in the workplace.
BOND
- describes a person's connection to society
Edwin Lemert
- Focused on the process whereby juveniles come to define themselves as delinquents.
- This process involves initial minor acts of delinquency (primary deviation) followed by
negative social responses, further primary deviance, stronger penalties, more serious
deviance, formal action by authorities, and eventual acceptance of the delinquent label
(secondary deviation).
Howard Becker
- Believed that acquiring a label depends on how other people react to the behavior and
not the behavior itself.
- He saw the process of becoming a deviant in terms of a series of stages that lead to the
person's deviance becoming a master status, the feature of the person that is most
important to him or her as well as others.
Edwin Schur
The best we can do for children is to leave them (radical nonintervention).
John Braithwaite
- Explores the nature and impact of shaming.
Age-Crime Curve
- A line showing that crime rates increase during preadolescence, peak in middle
adolescence, and steadily thereafter.
Terrie Moffitt
- Believes delinquents are either life-course persistent or adolescence- limited offenders.
- Life-course persistent offenders suffer from a variety of psychosocial deficits. The
process of cumulative disadvantage frequently turns them from troubled adolescents in
career criminals.
Adolescence
- limited offenders become involved in delinquency during a brief period of teenage
rebellion. - transition stage between childhood and adulthood.
Ronald Simons
- Adolescents with a long history of delinquency, who have become committed to a
deviant peer group, are unlikely to form stable unions with prosocial partners. Instead,
they often become romantically involved with other antisocial individuals, which lead to
their continued involvement in delinquency.
FAMILY REJECTION
- Studies found a significant relationship between parental rejection and delinquent
behavior. Some children are being rejected by their parents as a result, they are
deprived of one or both of their parents through abandonment, hospitalization, divorce,
death or intervention of public agencies.
PROTEST
- cries and screams for mother, clings when she visits and howls when she leaves.
BROKEN HOME
- does not only refer to the separation of parents leaving their children behind; but also
includes the presence of both parents but irresponsible that children experience
constant quarrel in the home.
RA 8972
- otherwise known as the "SOLO PARENTS WELFARE ACT of 2000 was enacted to
provide benefits and privileges to solo parents and children.
TRACKING
- Dividing students into groups according to their ability and achieving levels.
SELF-FULFILLING PROPHECY
- Low track students from whom little achievement and more misbehavior are expected,
tend to live up to these often unspoken assumptions about their behavior.
STIGMA
the labeling effect of placement in a low track leads to loss of self-esteem, which
increases the potential for academic failure and trouble making both in and out of
school.
STUDENT SUBCULTURE
- students segregated in lower tracks develop a value system that often rewards
misbehavior, rather than the academic success they fell they can never achieve.
TEACHER EFFECTIVENESS
- teachers of high ability students make more of an effort to teach in interesting and
challenging manner than those who instruct lower-level students.
FUTURE REWARDS
- low track students see no future rewards for their schooling; their futures are threatened
by a record of deviance or low academic achievement.
GRADING POLICIES
- low track students tend to receive lower grade than other students. Even for work of
equal quality.
STUDENT ALIENATION
- the feeling of separation and distance from mainstream society.
PEER GROUP
- affected by the growing division between young people and their parents. This division
includes differences in social activities, political interests, clothing styles, music, etc.
GANG MEMBER
- basically, a normal youth who under difficult circumstances adopt a gang substantive to
deal with their advantage economic, socio-economic positions.
JOAN MOORESUGGESTS
- They are friendship groups of adolescents who share common interests, with a more or
less clearly defined territory, in which most of the members live.
- They are committed in defending one another, the territory, and the gang name in the
status setting fights that occur in school and on the streets.
JANKOWSKI
- defines a gang as an organized social system that is both quasi-private and quasi-
secretive, governed by a leadership structure that has defined roles, and social codes
that regulates these roles and those of rank and file members.
GANGS
- adults; there, they also manufacture their own culture, language, symbols and values
distinctly unlike to those of adults.
IDENTITY OR RECOGNITION
- allows members to achieve status they believe is impossible outside the gang.
PROTECTION OR SURVIVAL
- many feel that it is impossible to survive living in a gang- dominated area without being a
member.
INTIMIDATION
- youth are told and shown by gang members that membership is essential.
MAFIA
- style model; the top authority positions analogous to that of the highest ranking officer in
a military unit: rule by force by the leaders who is usually older, stronger and revered by
the gang members.
RUNAWAY
- is a child between the ages of 10 to 17, who leaves home, staying away overnight,
without permission of parent or guardian.
PSYCHOPATHOLOGICAL PERSPECTIVE
- this is characterized as emotionally disturbed and mentally deficient children with poor
impulse control.
SOCIOLOGICAL PERSPECTIVE
- running away is a response by adolescents to problems and stress in the home.
Children run away from home because of abuse or neglect in the family.
RICHARD JENKINS
- found that "the home background of the chronic runaway child is typically one of
parental rejection from birth, and one of parental severity and inconsistency, poor
communication and negative labeling by parents as well as long term family conflicts.”
ELLIOTT CURRIE
- States that BAD families are BROKEN and made violent by economic
circumstances and inequality. Members are deprived of opportunities to develop
respectable livelihoods.
SOCIAL DISORGANIZATION
- Breakdown of social control among the traditional primary groups such as the family
and neighborhood.
- Rapid industrialization, urbanization and immigration process contributed to the
disorganization of the community.
POVERTY
- study shows that most delinquents come from families below the poverty line. A
child from poor family have many frustrations which pushes him to become
delinquents to satisfy his desire that he craves in which other possess.
SEXUAL ABUSE
- Any employment, use, persuasion, inducement, enticement, or coercion of a child to
engage in, sexual intercourse or lascivious conduct or the molestation, prostitution,
or incest with children.
- Refers to any sexual activity that involves physical contact or sexual arousal
between unmarried members of the family.
INCEST
- an intrafamily sexual abuse which is perpetrated on a child's family group and
includes not only sexual intercourse but also any act designed to stimulate the child
sexually, or to use the child for sexual stimulation. (e.g. stepfather to stepdaughter;
brother to sister incest, etc.)
SPANKING CHILDREN
- when a parent strikes the child, he or she does not know what damage may result.
Some adults cannot stop hitting once they started. They lose control and hit and hit
and hit.
CHILD ABUSERS
- are adults who have misjudgment of the amount of harm they were causing. -
They forgot how fragile children are.
SITUATIONAL ABUSER
- a parent who only abuse the child when he/she is confronted with a particular
situation; one who is usually non-abusive but "fly off the handle" when some
circumstances develop.
- (e.g.A parent had been scolded by a superior in his office. He goes home and
punishes children for minor mistakes).
ACCIDENTAL ABUSER
- a parent who exercises poor judgment in his/her is parenting skills.
SUBCULTURAL ABUSER
- a group of people who share a number of values, norms and attitudes in common.
SELF-IDENTIFIED ABUSER
- parents who are aware that they are abusive, although some of these kinds of
abusers want to stop abusing their children, they cannot and they are afraid to make
their discipline practices known.
- "Placing high expectations on the child and punishing him/her if he/she fails."
AUTHORITATIVE PARENTS
- are warm but firm. They set standards for the child's conduct but form expectations
consistent with the child's developing needs and capabilities and place high value
on the development of autonomy and self-direction.
AUTHORITARIAN PARENTS
- These parents place high value on obedience and conformity, tending to favor more
punitive, absolute, and forceful disciplinary measures.
INDULGENT PARENTS
- Parents who are responsive, accepting benign and passive in matters of discipline
and place few demands on their children. These parents view themselves as
resources the child maбy or may not use.
INDIFFERENT PARENTS
- Parents who are rather unresponsive to their children and may, in extreme cases be
neglectful.
- They know little about their children's activities and whereabouts, show little interest
in the child's experience at school or in his or her friends, and rarely consider the
child's opinion when making decisions.
MALICIOUS
- behaviors are committed out of spite
NEGATIVISTIC
- believes that behavior is right precisely because it is wrong according to the norms
and rules of the langer society
NON UTILITARIAN
- behavior are non utilitarian because their activities do not produce a direct
economic benefit
DENIAL OF INJURY
- delinquents suppose that his/her acts really do not cause any harm of that victim
can afford the loss or damaged
DENIAL OF VICTIM
- delinquents views the act as not being wrong that the victim deserves the injury or
that here is no real victim
POSITIVE SCHOOL
- attributed crime to factors that were in place before the crime was committed.
ENDOMORPHS
- relaxed, comfortable, extroverted
MESOMORPHS
- active, assertive, and lust for power
ECTOMORPHS
- introverted, overly sensitive, and love privacy
BEHAVIORAL THEORY
- delinquent have had delinquency reenforced by others, ethier intentionally or
unintentionally.
CULTURAL THEORY
- is a natural result of conditions that exist certain neighborhoods in cities.
MALICIOUS
- are committed out if spite.