CRIM 101: Introduction to Criminology

Topic 2. Fundamental Concepts of Law, Crime, Criminology, Criminal Justice, Deviance,

and Delinquency

Definitions
1. Crime – Crime or public offense is an act committed or omitted in violation of a law forbidding
or commanding it.

Latin Maxim “nullum crimen nulla poena sine lege” which means “there is no crime if
there is no law punishing it”
- The French Declaration of the Rights of Man can be traced as the origin of this concept,
stating: “No one ought to be punished, but in virtue of a law promulgated before the
offense, and legally applied”.

Crime – this term is generic for felony, offense, infraction, and delinquency.

Technically, Felony (delitos)– refers to an act or omission punishable under Republic Act
3815 or the Revised Penal Code (January 01, 1932)

Felonies are committed not only by means of deceit (dolo) but also by means of
fault (culpa).

“ There is deceit when the act is performed with deliberate intent; and there is
fault when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill”

Offense – pertains to an act or omission punishable by special law.

But both felony and offense are sometimes used interchangeably.

2. Court is the cornerstone of the Philippine Criminal Justice system wherein it determines
whether the person charged with a criminal offence is guilty or not.

3. Criminals are considered prisoners while they serve their sentences imposed by the court for
transgressing the law.

Criminal – A person who is convicted by final judgment or who is found guilty by final
judgment.

4. Criminology under Republic Act No. 11131 it is defined as the scientific study of crimes,
criminals, and victims, it also deals with the prevention, and solution of crimes.

It was affirmed by the Section 4 of the RA 11131’s Implementing Rules and Regulations
(IRR) which states that “criminology refers to scientific study of crimes, criminals, victims,
and criminal behavior. It also deals with the prevention, and solution of crimes”.

5. Culture is a general term used to describe all aspects of a society related to individual and
collective identity and meaning.

6. 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 the Republic Act 11131.

7. Act- any bodily movement tending to produce some effect in the external world.
 Distinction Between Criminology and Criminal Justice
Aspects Criminology Criminal Justice System
Tends to focus on the Tends to focus on the legal process
determination and development of on how to deal with criminal
Focus
principles, concepts, and theories offender
of crime causation
Explains the etiology (origin), Studies the agencies of social control
Nature of Study extent and nature of crime in the that handles criminal offenders
society
Tends to focus on research Tends to focus on the application,
Methodology public law, public policy, and decision
making, and career development
Criminologist are concerned with Criminal Justice Professionals are
identifying the Nature extent, and engage in Describing, analyzing, and
cause of crime explaining the Operations of agencies
Primary
of justice (the five components of the
Concerns
CJS). They seek more effective
methods of crime control and
offender rehabilitation.
Understanding crime to inform Seeking effective methods for crime
Goal prevention strategies control and offender rehabilitation
Both are eclectic disciplines that borrow research and theories from other
related disciplines. Some earliest criminologists were medical doctors and
Similarity
psychiatrist, while many influential criminologists of the 20th century were
sociologists.

8. Actus Reus - sometimes called the external element of a crime.

9. Criminal Behavior - It refers to a behavior which is criminal in nature; a behavior which

violates a law.

10. Criminal Law - It is the branch or division of law which defines crime, threats of their nature
and provides for their punishment or is that branch or division of law which defines crimes, treats
of their nature, and provides for their punishment.

11. Deviant Behavior - Behavior that is recognized in violation of norms.

12. Child in Conflict with the Law under Republic Act 9344 refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under Philippine laws.

13. Juvenile – used to describe an immature, underdeveloped, and young individual or person,
both physiologically, and mental.

Originates from the Latin term “juvenis” which means young or a young person.

14. Delinquency is a criminal behavior that is usually associated with young individuals.

- It refers to a minor act or crime, especially one committed by children or young

individuals.
- It originates from the Latin term delinquent, meaning offending.

15. Juvenile Delinquency, define

Legally (legal definition):
- It refers to criminal acts performed by children under the age of 18.
- It is a violation of law committed by a minor, child, or youth.
 Sociological Definition:
- It is also referred to a children who display a stubborn behavior of disobedience, which
is considered out of parental control and becomes subject to legal action

16. Youthful offender is a child, minor, or youth including one who is emancipated by the law
and who is over nine years but under 18 years of age at the time of the commission of the offense.

17. Status Offender those acts which are illegal only because the child is a minor but if an adult
violates such acts, it is not against the law.

18. Parens Patriae - is a legal term referring to the power of the government to act on behalf of
people who are unable to care for themselves.

19. Law, in its broadest sense, means any rule of action or norm of conduct applicable to all kinds
of action and to all objects of creation. It includes state law, physical law, divine law, and others.

Legal Sense, law is defined as a rule of conduct, just, and obligatory laid down by
legitimate authority for the common observance and benefit.

Elements of Law
1. It is a rule of conduct.
2. It is just.
3. It is obligatory
4. It is prescribed by legitimate authority.
5. It is obtained for the common benefit
- “Salus Populi Est Suprema Lex” latin maxim which means the welfare of the people
is the supreme law.

General Divisions of Law

1. Divine Law – God is the legislator
2. Human Law – promulgated by man to regulate man,

Main Classes of Human Law

1. General/ Public Law
1.1 International law
1.2 Constitutional law
1.3 Administrative Law
1.4 Criminal law
1.5 Religious Law

2. Individual/ Private Law

2.1 Civil Law
2.2 Mercantile Law
2.3 Procedural law

Sources of Law
1. Legislation
2. Precedent
3. Custom
4. Court Decision

Basic Elements of Criminal Law

1. There must be a law or statute promulgated by the state
2. The law or statute must specifically define what act or conduct is criminal; and
3. The law or statute must have a penal sanction.

State has the authority to define and punish crimes.

 “state authority to enact legislation that may interfere with personal liberty or property in
order to promote the general welfare”

As defined, it consists of
1) an imposition of restraint upon liberty or property
2) in order to foster the common good

Characteristics of Criminal Law

1. Generality
2. Territoriality
3. Irretrospectivity or Prospectivity

General Classification of Crimes

1. Mala Inse
2. Mala Prohibita

Real-World Discussions:

Definitions and Scope of Law and Crime in the Philippines

The Revised Penal Code of the Philippines outlines various crimes, such as murder (Article 248) and theft
(Article 308).

Philippine Criminal Justice System

The Philippine National Police (PNP) plays a crucial role in law enforcement. Discuss the PNP's
involvement in high-profile cases, like the War on Drugs” initiated in 2016, which has raised questions
about human rights and due process within the justice system.

Distinction Between Criminology and Criminal Justice

Criminology focuses on understanding criminal behavior, while criminal justice deals with the systems in
place to enforce laws. For instance, the study of gang violence in the Philippines can be approached from a
criminological perspective (examining causes and societal influences) while criminal justice focuses on the
response, such as interventions by the PNP or rehabilitation programs for offenders.

Cultural Perceptions of Deviance and Delinquency

- juvenile delinquency in the Philippines, particularly in urban areas like Metro Manila
- cultural attitudes towards barkadahan" (peer groups) can influence youth behavior, leading to delinquency.

Impact of Social Norms and Values on Crime Definitions

- Online defamation in the Philippines, particularly with the Cybercrime Prevention Act of 2012
- social norms around reputation and privacy shape laws about online behavior.
- Example case is the case of Maria Ressa, a journalist convicted of cyber libel, illustrates how cultural
values regarding freedom of speech and accountability play a role in defining crime.

References:

Republic Act No. 11131. (2018). Lawphil.net.

https://lawphil.net/statutes/repacts/ra2018/ra_11131_2018.html

R.A. 9344. (n.d.). Lawphil.net. https://lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html

Official Gazette. (1930, December 8). Act No. 3815, s. 1930 | GOVPH. Official Gazette of the
Republic of the Philippines. https://www.officialgazette.gov.ph/1930/12/08/act-no-3815-s-1930/

Sigue, J. B. (2019, June 16). RA 9344 or The Juvenile Justice and Welfare Act of 2006: A Case
Study on its Implementation in Bacolod City. Philippine Legal Research.
https://legalresearchph.com/2019/06/16/ra-9344-or-the-juvenile-justice-and-welfare-act-of-2006-
a-case-study-on-its-implementation-in-bacolod-city/
Juvenile justice | UNICEF Philippines. (n.d.). Www.unicef.org.
https://www.unicef.org/philippines/topics/juvenile-justice

DSWD, JJWC highlight gains of Juvenile Justice and Welfare Act on 15th year of enactment |
Department of Social Welfare and Development. (2021, May 19). Dswd.gov.ph.
https://www.dswd.gov.ph/dswd-jjwc-highlight-gains-of-juvenile-justice-and-welfare-act-on-
15th-year-of-
enactment/#:~:text=The%20law%20mandates%20the%20adoption%20of%20the%20principle

BBC News. (2020, June 15). Maria Ressa: Philippine journalist found guilty of cyber libel. BBC
News. https://www.bbc.com/news/world-asia-53046052