Criminal Sociology Criminal sociology - investigates the social causes of criminal behavior in an effort to ultimately end them.Criminal sociologist identify the sources outside of a person in society that influence and even as some theorists believe,compel criminal action. Criminology Theories 1. Strain Theory - people has aspirations like wealth and education. There goals are blocked along the way. They resort to illegal activities what they can not achieved through legitimate means. People may reduce their aspirations or increase opportunities. 2. Learning Theories - follow the lead of Sutherland's theory of differential association. Criminals learn from their peers. 3. Control Theories - focuses on the relationship of a person to their parents, teachers, officers of the law and other agents of socialization. Effective bonding with such authority figure help keep people out of trouble from the law. 4. Labelling Theory - People who are branded as criminals will eventually criminal. 5. Conflict Theory - society is based on conflict between competing interests group. 6. Radical Theory - crime is seen as a reflection of class struggle. 7. Left Realism - people of the working class prey upon one another.Poor people victimize other poor people of their own race and kind. 8. Peacemaking Theory - making "war on crime" will not work. Making peace is the solution to crime. 9. Feminism - crime can not be understood without considering gender. Crime is shaped by the different social experiences and power is exercise by men and women. Men may use crime to exert control over women and to demonstrate masculinity. 10.Critical Theory - Inequality in power and material well being create conditions that lead to street crime and corporate crime. Capitalism and its market economy are especially criminogenic because they create vast inequalities that impoverishes many and provides opportunities for exploitation for the powerful. 11.Social Disorganization - disorganized communities cause crime because informal social controls breakdown and criminal cultures emerge. They lack collective efficacy to fight crime and disorder. 12. Classical - crime occurs when the benefits outweigh the costs,when people pursue self interest in the absence of effective punishments. Crime is a free willed choice. 13. Positivist - Crime is caused or determined.Placed more emphasis on biological deficiencies, while later scholars would emphasize psychological and sociological factors.Use science to determine the factors associated with crime. 14. Individual Trait - criminals differ from non criminals on a number of biological and sociological traits.These traits cause crime in interaction with the social environment. 15. Differential Association - crime is learned through associations with criminal definitions.These definitions might be generally approving of criminal conduct or be neutralization that justify crime only under certain circumstances.Interacting with anti social peers is a major cause of crime.Criminal behavior will be repeated and become chronic if reinforced.When criminal subculture exist then many individuals can learn to commit crime in one location and crime rates, including violence may become very high. 16. Anomie - the gap between a persons goal or economic success and the opportunity to obtain this goal creates structural strain.Norms weakens and anomie ensues,thus creating high crime rates.When other social institutions such as family are weak to begin with or also weakened by a persons goal, the economic institution is dominant.When such an institutional imbalance exists,then crime rates are very high. 17. Rational Choice - Building on classical theory,crime is seen as a choice that is influenced by its costs and benefits,that is, by its rationality.Crime will be more likely to be deterred if its costs are raised especially if the costs are certain and immediate. Information about the costs and benefits of crime can be obtained by direct experiences with punishment and punishment avoidance and indirectly by observing whether others who offend are punished or avoid punishment. 18. Routine Activities - crime occurs when their is an intersection in time and space of a motivated offender,an attractive target, and a lack of capable guardianship.Peoples daily routine activities affect the likelihood they will be an attractive target who encounters an offender in a situation where no effective guardianship is present.Change in activities in society can affect crime rates. 19. Developmental Life Course - crime causation is a developmental process that starts before birth and continues throughout the life course. Individual factors interact with social factors to determine the onset,length, and end of criminal careers.The key theoretical issues involve continuity and change in crime.Some theories predict continuity across the life course,others predict continuity for some offenders and change for other offenders, and some predict continuity and change for the same offender. 20. Integrated - these theories use components from other theories,usually strain,control, and social learning to create a new theory that explains crime.They are often are life course theories,arguing that causes of crime occur in a sequence across time. Introduction to Criminology Criminology - the scientific study of crime and criminal behavior and law enforcement. 3 Main School of Thought Classical school Positivist school Chicago school Classical school - based on utilitarian philosophy developed in the 18th century. This school of thoughts argues: That people have free will to choose how to act. Deterrence is based upon the notion of the human being as a hedonist who seeks pleasure and avoid pain and a rational calculator weighing up the cost and benefits of the consequences of each action. Punishment of sufficient severity can deter people from crime as the cost (penalties) outweigh benefits and that the severity of punishment should be proportionate to the crime. The more swift and certain the punishment, the more effective it is in deterring criminal behavior. Prominent Philosophers of Classical school Cesare Becarria - author of crimes and punishment. Jeremy Bentham - inventor of the panopticon - type of institutional building designed to allow an observer to observe inmates of an institution without them being able to tell whether or not they are being watched. Positivist school - presumes that criminal behavior is caused by internal and external factors outside of the individuals control. Positivism can be broken in 3 segments which include: 1. Biological 2. Psychological 3. Social - - one of the largest contributors to biological positivism and founder of the Italian school of criminology is Cesare Lombroso. Italian School Cesare Lombroso - an Italian doctor and sometimes regarded as the father of criminology. Considered also as the founder of criminal anthropology. He suggested that physiological traits such as the measurement of the check bones or hairline or a cleft palate, considered to be throwbacks to neanderthal man, were indicative of "atavistic criminal tendencies". This approach has been superseded by the beliefs of Enrico Ferri. Enrico Ferri - a student of Lombroso, believe that social as well as biological factors played a role and held the view that criminals should not be held responsible when factors causing their criminality were beyond their control. Sociological positivism - suggest that societal factors such as poverty, membership of subcultures or low levels of education can predispose people to crime. Adolphe Quetelet - made use of data and statistical analysis to gain insight into relationship between crime and sociological factors. He found that age, gender, poverty, education and alcohol consumption were important factors related to crime. Rawson W. Rawson - utilized crime statistics to suggest a link between population density and crime rates with crowded cities creating an environment conducive for crime. Joseph Fletcher and John Glyde - also presented papers to the statistical society of London on their studies of crime and its distribution. Henry Mayhew - used empirical methods and an ethnographic approach to address social questions and poverty. Emile Durkheim - viewed crime as an inevitable aspect of society with uneven distribution of wealth and other differences among people. Chicago school - arose in the early 20th century, through the work of Robert Park, Ernest Burgess and other urban sociologist at the university of Chicago. Park and Burgess identified five concentric zones that often exist as cities grow, including the zone in transition which was identified as most volatile and subject to disorder. Edwin Sutherland - suggested that people learn criminal behavior from older, more experienced criminals that they may associate with. (differential association). 2 Main difference between the classical and positivist schools of criminology Classical school Positivist school 1.Free will 1. Determinism 2. Philosophy 2. Scientific methods De minimis - is an addition to a general harm principle.The general harm principle fails to consider the possibility of other sanctions to prevent harm, and the effectiveness of criminalization as a chosen option. Thanatos - a death wish. Tagging - like labeling, the process whereby an individual is negatively defined by agencies of justice. Criminology Consists of 3 Principal Divisions 1. Sociology of Law - which is an attempt at scientific analysis of the conditions under which criminal law influences society. 2. Criminal Etiology - which is an attempt at scientific analysis of the study of causes or reasons for crime. 3. Penology - concerned with control crime by repressing criminal activities through the fear of punishment. Crime - is a wrong doing classified by the state as a felony or misdemeanor. Felony - is a serious crime punishable by at least one year in prison. Misdemeanor - is a crime for which the punishment is usually a fine and/or up to one year in jail. *Crimes are defined and punished by statutes and by the common law. Etiology - study of causes and reasons for crime. Atavism - the view that crime is due to a genetic throwback to a more primitive and aggressive form of human being. Elements Necessary For A Crime To Occur 1. Desire or motivation on the part of the criminal. 2. The skills and tools needed to commit the crime. 3. Opportunity. Spree killer - is someone who embarks on a murderous assault on 2 or more victims in a short time in multiple locations. Spree killing - killings at two or more locations with almost no time break between murders. Spree murder - two or more murders committed by an offender/offenders without a cooling off period. Serial murder - two or more murders committed by an offender/offenders with a cooling off period. Mass murderer - are defined by one incident with no distinctive time period between the murders. Thrill killing - a premeditated murder committed by a person who is not necessarily suffering from mental instability and does not derive sexual satisfaction from killing victims or have anything against them and sometimes do not know them but instead motivated by the sheer excitement of the act. Victimology -studies the nature and cause of victimization. Psychology - the scientific study of the human mind and its functions. Psychiatry - the branch of medicine dealing with the diagnosis and treatment of mental disorders. Ecology - the environment as it relates to living organisms. Demography - the branch of sociology that studies the characteristics of human populations. Epidemiology - the branch of medical science dealing with the transmission and control of disease. Anthropology - the social science that studies the origins and social relationships of humans. Impulse - a sudden strong urge or desire to act. Kleptomania - is an irresistible impulse to steal in the absence of economic motive. Prototype - is a standard or typical example. Pathological - is caused by or evidencing a mentally disturbed condition. Introduction To Criminology - Definition Of Terms Alienist – This term is applied to a specialist in the study of mental disorders. Anthropology – Science devoted to the study of mankind and its development in relation to its physical, mental, and cultural history. Auto-phobia – (monophobia) A morbid fear of one's self or of being alone. Behavior Systems In Crime – Progress in the explanation of disease is being made personally by the studies of specific diseases. Similarly it is desirable to concentrate research work in criminology on specific crimes and on specific sociological units within the broad area of crime and within the legal definition of specific types of crime such as kidnapping and robbery. Biometry – A measuring or calculating of the probable duration of human life; The attempt to correlate the frequency of crime between parents and children of brothers or sisters. Bio-social Behavior – A persons biological heritage plus his environment and social heritage influence his social activity. It is through the reciprocal actions of his biological and social heritages that a persons personality is developed. Broader Social Group School The Church The Police The Government The Prosecution The Court Correctional Institutions Broken Home – The modification of home conditions by death, divorce or desertion has generally been believed to be an important reason for delinquency of the children. Cesare Beccaria – In his book “An Essay Of Crimes And Punishment” London 1767, advocated and applied the doctrine of penology that is to make punishment less arbitrary and severe than it had been; That all persons who violated a specific law should receive identical punishment regardless of age, sanity, wealth, position or circumstances. Cesare Lombroso – A medical doctor who made extensive research in physical characteristics of criminals, political crimes and revolutions and relationships between the criminal and anthropology. Charles Goring – An English statistician who studies the case histories of 2000 convicts. He found that heredity is more influential as a determiner of criminal behavior than environment. Colajani – A criminologist, describes the direct and indirect deficiency of the means to satisfy the numerous necessities of man is sufficient stimulus for him to adopt honest or criminal methods in the struggle that ensues. “To this man delinquency is strongly influenced by socio economic”. Competitive Development Of Techniques Of Crime And Of The Protection Against Crime – Both sides may appropriate the inventions of modern science so far as they are useful to them. When the police develop an invention for the detection or identification of criminals, the criminals utilize a device to protect themselves. Cretinism – A disease associated with pre-natal thyroid deficiency and subsequent thyroid inactivity, marked by physical deformities, arrested development, goiter and various forms of mental retardation including imbecility. Crime Index – Any record of crimes such as crimes known to the police, arrest, conviction or commitments to prisons. Crime Statistics – A reported instance of a crime recorded in a systematic classification. Criminality In The Home – One of the most obvious elements in the delinquency of some children is the criminalistic behavior of other members of the child's family. Criminal Psycho-dynamics – The study of mental processes of criminals in action, the study of the genesis, development and motivation of human behavior that conflicts with accepted norms and standards of society; This study concentrates on the study of individuals as opposed to general studies of mass populations with respect to their general criminal behavior. Criminogenic Process – The process which explain human behavior, the experiences which help determine the nature or a persons as a reacting mechanism, the factors or experiences in connection thereto impinge differentially upon different personalities producing conflict which is the aspect of crime. Criminology – Scientific study and investigation of crime and criminals as well as the identification of criminals and detection of crime. Cultural Conflict – A clash between societies because of contrary beliefs or substantial variance in their respective customs, language, institutions, habits, learning traditions, etc. Decriminalization – To remove or reduce in status the criminal classification through legislation of certain criminal laws. Delusion – In medical jurisprudence, a false belief about the self caused by morbidity, present in paranoia and dementia praecox. Dementia praecox – A collective term for mental disorders that begin at or shortly after puberty and usually lead to general failure of the mental faculties with the corresponding physiological impairment. Dr. Cesare Lombroso – Advocated the positivist theory that crime is essentially a social phenomenon and it can not be treated and checked by the imposition of punishment. Economic Approach – The unjust utilization of economic resources sometimes create resentment among individual which often lead them to frustration and develop a feeling of hatred and provocative criminal conduct will result. Edwin H. Sutherland – An American authority in criminology who in his book Principles of Criminology considers criminology at present as not a science but it has hope of becoming a science. England During The Last Half Of 19th Century – Place and period where and when the classical school of criminology and of criminal law developed based on hedonistic psychology. Episodic Criminal – A non criminal person who commits a crime when under extreme emotional distress; A person who breaks down and commits a crime as a single incident during regular course of natural and normal events. Erotomania – A morbid propensity to love or make love. Uncontrollable sexual desire or excessive sexual cravings by member of either sex. Euthanasia – It signifies the release from life given a sufferer from an incurable and painful disease. Extrovert – As opposed to introvert (a person highly adapted to living in and deriving satisfaction from external world) he is interested in people and things than ideas, values, and theories. He likes people being around them and being liked by them. Family – It is the first agency to affect the direction which a particular child will take and that no child is so constituted at birth that it must inevitably become a delinquent or that it must inevitably be law abiding. Fashions In Crime – Certain types of crimes have disappeared almost entirely thus the general situation may change and cause the disappearance of crime. Ferri – A sociologists who theorized that it is the impulse of opportunities more than innate tendency that determine the crime. Gang – Means of disseminating techniques of delinquencies of training in delinquency, of protecting its members engage in delinquency and of maintaining continuity in delinquency. George L. Wilker – A criminologist who in his book “The Scientific Adequacy Of Criminological Concept” argued that criminology can not possibly become a science. Accordingly, general proposition of universal validity are the essence of science, such proposition can be made only regarding stable and homogeneous unit but varies from one time to another, therefore, universal proposition can not be made regarding crime and scientific studies of criminal behavior are impossible. Government – It is an organized authority that can influence social control through its branches, particularly in the making of laws. Hallucination – An apparent perception without any corresponding external object, especially in psychiatry, any of the numerous sensations, auditory, visual or tactile experienced without external stimulus and cause by mental derangement , intoxication or fever hence, maybe a sign of approaching insanity. Heredity – It may be a transmission of physical characteristics, mental traits, tendency to disease etc. from parents to offspring. In genetics, the tendency manifested by an organism to develop in the likeness of a progenitor due to the transmission of genes in the reproductive process. Heredity and Environment – Have been believe to share about equally in determining disposition that is whether a person is cheerful or gloomy, his temperament and his nervous stability. H. H. Godard – Advocated the theory that feeble-mindedness inherited as Mendelian unit cause crime for the reason that feeble minded person is unable to appreciate the consequences of his behavior or appreciate the meaning of the law. Home – Considered as the cradle of human personality for in it the child forms the fundamental attitudes and habits that endure through out his life. Home Discipline – it is considered as 4 times as important as poverty in the home in relation to delinquency; that it fails most frequently because of indifference and neglect. Insanity – Common Types Dementia Praecox (madness) Manic Depressive ( characterized by mania and mental depression) Paralysis – condition of helpless inactivity or of inability to act. Senile – mental deterioration often accompanying old age. Alcoholic psychosis Inspector to Superintendent – Appointed by the chief of the PNP as recommended by their immediate superiors and attested by the civil service commission. Introvert – An individual with strongly self centered patterns of emotion, fantasy and thought. John Gaspar Lobater – A Swiss theologian, regarded the lack of beard in man, the swirly eye or angry eye and weak chin serve as clues to unfavorable personality or characteristic traits of an individual. - phrenology or any of the protuberances of the skull as interpreted with reference to ones mental faculties (pseudonym science) as popularized by Hanz Joseph Gall. Jonathan Edwards family – One family tree that contradicted the theory that criminality is inherited. A famous preacher in the colonial period, none of his descendants were found to be criminals. Jukes Family – Family trees have been used extensively by certain scholars in the effort to prove that criminality is inherited. Kleptomania – An uncontrollable morbid propensity to steal. Legomacy – A statemetn that we would have no crime if we had no criminal laws and that we could eliminate all crime merely by abolishing all criminal law. Mania Fanatica – A morbid of insanity characterized by a deep and morbid sense of religious feeling. Masochism – A condition of sexual perversion in which a person derives pleasure from being dominated or cruelly treated. Maturation – A process which appears in the life history of persisting criminals. This process describes the development of criminality with reference first to the general attitudes toward criminality and second to the techniques used in criminal behavior. Mc Naghten Rule – Insanity is used to describe legally harmful behavior perpetrated under circumstances in which the actor did not know the nature or quality of his act or did not know right from wrong. This explanation was formulated in England in 1843. Megalomania – A mental disorder in which the subject thinks himself great or exalted. Melancholia – A mental disorder characterized by excessive brooding and depression of spirits; Typical of manic depressive psychosis accompanied with delusions and hallucinations. Mobility – The most significant social condition accompanying the industrial and democratic revolutions because of this a condition of anonymity was created and the agencies by which control had been secured in almost all earlier societies were greatly weakened. Multiple Factors Of Cause Of Crimes Biological personality Primary Social Group Broader Social Group Biological 1. Heredity 2. Endocrine Glands 3. Anatomical Structure/Physical Disease/Disorder Napolcom – Shall administer the qualifying entrance exam. For policeman. Necrophilism – Morbid craving usually of an erotic nature for dead bodies. Neurosis – Is any kind of the mental functional disorders characterized by anxiety, compulsion, phobia, depression, dissociation, etc. Organization Of criminals – This may be developed thru the interaction of criminal, this may be a formal association with recognized leadership understanding, agreements and division of labor or it may be a formal similarity and reciprocity of interest and attitudes. Pedophilia – A sexual desire of an adult for children. Personality psychopatic Personality Psychosomatic Personality Alcoholism Other Personality Deviation Physiognomy – Art of discovering character by observation and measurement of outward appearances especially the face. Primary Social Group Home Bad Neighborhood Broken Home a. Environmental Delinquents – which is characterized by being occasional law breakers. b. Emotionally Maladjusted Delinquents – who are considered as habitual law breakers and who therefore can not avoid or stop from doing it. c. Psychiatrist Delinquent – refer to a child who becomes delinquent due to mental illness coupled with serious emotional disturbance in the family. Professionalization – When applied to a criminal refers to the following things the pursuit of crime as a regular day by day occupation, the development of skilled technique and careful planning in that occupation and status among criminals. Progressive Conflict – This process begins with arrest which is intgerpreted as defining a person as an enemy of society and which calls forth hostile relations from representative of society prior to and regardless of proof of guilt, that each side tends to drive the other side to greater violence unless it becomes stabilized on a recognized level. Prussian Law of 1784 – prohibit mothers and nurses from taking children under 2 years old of age into their beds. Psychosis – Is a major mental disorder in which personality is very seriously disorganized and contact with reality is usually impaired. Rafael Garofalo – A criminologist who pro-founded that society sets only 2 elements in crime, the opportunity and victim. He classified criminals into murderers, thieves, sexual offenders (cynics) And violent criminals. - Italian criminologist who developed a concept of the natural crime and defined it a violation of the prevalent sentiments of pity and probity. Regionalism – crime rate not only vary from one region to another but also generally among the several sections of each nation. Religion – It emphasizes of morals and life's highest spiritual values, the work and dignity of an individual and respect for the person and property of others generally a powerful forces. Rural Criminality – According to Marshall B. Olinard, this kind of criminality is explained by the persons identification with delinquents and his conception of himself as reckless and mobile an explanation which is consistent with differential association. School – It is a strategic position to prevent crime and delinquency. Segregation – This may be observed in the interaction between criminals and the public thus, a person with criminal record may be ostracized in one community but may become a political leader in other communities. Sixto de Leon – The first chairman of the board of criminology. Social Institutions And Crime – The general explanation of one topic in relation to criminal behavior is that causes of crime lie primarily in the area of personal interaction and that personal interaction is confined most entirely to local community and neighborhood. Social Psychological – Advocated by John Dewey, George Mead, Charles Cooley and W.I. Thomas, that development of criminal behavior is considered as involving the same learning process as does the development of the the behavior of a banker, doctor etc.; that the content of learning not the process itself is considered as the significant element determining whether one becomes a criminal or non criminal. Socialist School of Criminology – Based on writings of Marx and Engels, began 1850 and emphasized economic determinism; that crime is only a by product, variations in crime rates in association with variations in economic conditions. Sociological And Cultural Approach – It includes assessment of those forces resulting from man's collective survival effort with emphasis upon his institution, economic, financial, educational, political, religion as well as recreational. Sociological School – Interpreted crime as function of social environment; emphasizing importance of imitation in crime causation. Sociology – May mean a study of human society, its origin, structure, function and direction. W. A. Bonger – Classified crimes by the motives of the offenders as economic crimes, sexual crimes, political and miscellaneous crimes with vengeance as the principal motive. White Collar Crimes – crimes committed by persons on the upper socio economic level or occupying a high position in the organization. Criminal Justice System Criminal Justice System - is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Goals of Criminal Justice to protect individuals and society to reduce crime by bringing offenders to justice to increase the security of the people Criminal Justice System consists of three main parts legislative - create laws courts - adjudication corrections - jail, prison, probation, parole Participants of Criminal Justice System police - first contact of offender since they investigate wrongdoing and makes arrest. prosecution - proves the guilt or innocence of wrongdoers. court - venue where disputes are settled and justice is administered. correction - after accused is found guilty, he is put to jail or prison to be reformed. community - where the convict after service of sentence comes back to be integrated to be a productive member of society. Community Policing - the system of allocating officers to particular areas so that they become familiar with the local inhabitants. Early History of Punishment 1. Early Greece and Rome a. most common state administered punishment was banishment and exile. b. economic punishment such as fins for such crime as assault on slave, arson, or house breaking. 2. Middle 5th to 15th century a. blood feuds were the norm. b. law and government not responsible for conflict. 3. Post 11th century feudal periods a. fine system, punishment often consisted of payment to feudal lord. b. goals, public order and pacifying the injured. c. corporal punishment for poor who can not pay. 4. 1500's a. urbanization and industrialization, use of torture and mutilation showed and punishment began to be more monetary based. b. use of gallery slaves - ship-rowers. c. shipped inmates to american colonies 5. 1700's - early 1800's a. increase in prison population b. gap between rich and poor widens c. physicality of punishment increases Goals of Punishment 1. General Deterrence - the state tries to convince potential criminals that the punishment they face is certain, swift, and severe so that they will be afraid to commit an offense. 2. Specific Deterrence - convincing offenders that the pains of punishment is greater than the benefits of crime so they will not repeat their criminal offending 3. Incapacitation - if dangerous criminals are kept behind bars, they will not be able to repeat their illegal activities. 4. Retribution/Just Desert - punishment should be no more or less than the offenders actions deserve, it must be based on how blameworthy the person is. 5. Equity/Restitution - convicted criminals must pay back their victims for their loss, the justice system for the costs of processing their case and society for any disruption they may have caused. 6. Rehabilitation - if the proper treatment is applied, an offender will present no further threat to society 7. Diversion - criminals are diverted into a community correctional program for treatment to avoid stigma of incarceration.The convicted offender might be asked to make payments to the crime victim or participate in a community based program that features counseling. 8. Restorative Justice - repairs injuries suffered by the victim and the community while insuring reintegration of the offender.Turn the justice system into a healing process rather than a distributor of retribution and revenge. 3 Broad Categories of Crime 1. Sensational crime 2. Street Crime 3. Corporate Crime, White Collar Crime, and Organized Crime. Sensational Crime - certain offenses are selected for their sensational nature and made into national issues.Much of what we know about crime comes from the media. Street Crime - includes a wide variety of acts both in public and private spaces including interpersonal violence and property crime. Justice - the quality of being just, fair and reasonable. Rule of law - is a legal maxim whereby governmental decisions be made by applying known legal principles. Judge - a public officer who presides over court proceedings and hear and decide cases in a court of law either alone or as part of a panel of judges. Prosecutor - the person responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Law - is a system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political and social authority and deliver justice. Plaintiff - the person who brings a case against another in court of law. Respondent - the defendant in a lawsuit. Appellee - the respondent in a case appealed to a higher court. Appellant - the party who appeals the decision of the lower court. A person who applies to a higher court for a reversal of the decision of a lower court. Stare Decisis - the legal principle of determining points in litigation according to precedent. Latin for "to stand by that which is decided", general practice of adhering to previous decisions when it makes new one. Miranda Doctrine - criminal suspect has the right to remain silent which means they have the right to refuse to answer questions from the police.They have the right to an attorney and if they can not afford an attorney, one will be provided for them at no charge. Pro Bono - legal work done for free. Writ - a form of written command in the name of the court or other legal authority to act or abstain from acting in some way. Subpoena - is a writ issued by a court authority to compel the attendance of a witness at a judicial proceeding. Summon - a legal document issued by a court or administrative agency of government authoritatively or urgently call on someone to be present. Discretion - the use of personal decision making and choice in carrying out operations in the criminal justice system. What is twelve table? early Roman laws written around 450 BC which regulated family.religious, and economic life. What is the medical model of punishment? - a view of corrections holding that convicted offenders are victims of their environment or sick people who were suffering from some social malady that prevented them into valuable members of society. What is the difference between Indeterminate sentence and Determinate sentence? 1. Indeterminate sentence a. a term of incarceration with a stated minimum and maximum length. ex. 3-10years b. prisoner is eligible for parole after the minimum sentenced has been served. c. based on belief that sentences fit the criminal, indeterminate sentences allow individualized sentences and provide for sentencing flexibility. d. judges can set a high minimum to override the purpose of the indeterminate sentence. 2. Determinate sentence a. a fixed term of incarceration ex. 3 years b. these sentences are felt by many to be restrictive for rehabilitative purposes. c. offenders know exactly how much time they have to serve. Various Factors Shaping Length of Prison Terms 1. Legal Factors a. the severity of the offense b. the offenders prior criminal record c. whether the offender used violence d. whether the offender used weapons e. whether the crime was committed for money 2. Extra Legal Factors a. social class b. gender c. age d. victim characteristics What are the institutions of socialization? 1. Family 2. Religion 3. Schools 4. Media Family - is the primary institution of socialization in society. Juvenile Delinquency PD 603 - Child and Youth Welfare Code RA 9262 - Anti Violence Against Women and their Children Act of 2004. RA 9344 - Juvenile Justice and Welfare Act of 2006 Youthful offender - over 9 years old but under 18 years old at the time of the commission of the offense. Crime Theories Applicable to Juvenile Delinquency 1. Rational Choice - causes of crime lie within the individual offender rather than in their external environment. 2. Social Disorganization - absence or breakdown of communal institutions and communal relationships that traditionally encouraged cooperative relationships among people. Communal Institutions 1. Family 2. School 3. Church 4. Social Groups 3. Strain Theory - crime is caused by the difficulty of those in poverty in achieving socially valued goals by legitimate means. 4. Differential Association - young people are motivated to commit crimes by delinquent peers and learn criminal skills from them. 5. Labelling Theory - once a person is labeled criminal they are more likely to offend. Once labeled as deviant, a person may accept that role and more likely to associate with others who have been similarly labeled. 6. Social Control Theory - proposes that exploiting the process of socialization and social learning builds self control and can reduce the inclination to indulge in behavior recognized as anti social. Four Types of Control That Can Help Prevent Juvenile Delinquency 1. Direct - punishment is threatened or applied for wrongful behavior and compliance is rewarded by parents, family and authority figures. 2. Internal - youth refrains from delinquency through the conscience or super ego. 3. Indirect - by identification with those who influence behavior because his/her delinquent act might cause pain and disappointment to parents and others with whom he/she has close relationships. 4. Control - through needs satisfaction, if all individuals needs are met, there is no point in criminal activity. Breed vs. Jones - A US court decision where it held that juveniles can not be tried when acquitted in juvenile court then tried again in adult criminal court.Double jeopardy applies to juveniles as well as adults. Juvenile Delinquency - is the participation in illegal behavior by minors who fall under a statutory limit. Juvenile Delinquent - is a person who is typically under the age of 18 and commits an act that otherwise would have been charged as a crime if they were an adult. Crimes Commonly Committed by Juvenile Delinquents Status offenses - is an action that is prohibited only to a certain class of people and most often applied to offenses only committed by minors. example, under age smoking. Property crimes - is a category of crime that includes theft,robbery,motor vehicle theft,arson,shop lifting and vandalism. Violent Crime in which the offender uses or threatens to use violent force upon the victim. Age of Majority - is the threshold of adulthood as it is conceptualized,recognized or declared by law.The vast majority of country including the Philippines set majority age at 18. Young Adult - a person between the ages of 20 and 40 whereas adolescent is a person between the ages of 13 and 19. Types/Categories of Juvenile Delinquency Delinquency - crimes committed by minors which are dealt with by the juvenile courts and justice system. Criminal behavior - crimes dealt with by the criminal justice system. status offenses - offenses which are only classified as such because one is a minor, such as truancy which is also dealt with by juvenile court. Truancy - is any intentional unauthorized absence from compulsory schooling. Vandalism - Ruthless destruction or spoiling of anything beautiful or venerable.The term includes criminal damage such as graffiti and defacement directed towards a property without the permission of the owner. Graffiti - is writing or drawings scribbled,scratched or sprayed illicitly on a wall or other surface in a public place. Defacement - refers to marking or removing the part of an object designed to hold the viewers attention. Types of Offenders That Emerge in Adolescence Repeat Offender - (life-course-persistent offender) - begins offending or showing anti-social/aggressive behavior in adolescence or even childhood and continuous in adulthood. Age Specific Offender (adolescence-limited offender) - juvenile offending or delinquency begins and ends during their period of adolescence. Human Behavior and Crises Management Crisis Management - is the process by which an organization deals with a major event that threatens to harm the organization or the general public. Crisis - is any event that is expected to lead to an unstable and dangerous situation affecting an individual, group, community or society. Risk Management - involves assessing potential threats and finding the best ways to avoid those threats. Crisis Management - dealing with threats after they have occurred.Crises Management is occasionally referred as incident management. Crisis Negotiation - is a technique for law enforcement to communicate with people who are threatening violence including barricaded subject, hostage taker, stalkers, threats, workplace violence or person threatening suicide. Forensic Psychology - forensic discipline that evaluates behavioral patterns and how they relate to crime. Hostage Negotiation - a negotiation conducted between law enforcement agencies, diplomatic or other governmental representatives for the release of a person held hostage against their will by criminal, terrorist or other elements. Crises Management Plan - crises management methods of a business or organization. 3 Elements of Crises Management 1. threat to the organization or public 2. element of surprise 3. short decision time Types of Crises 1. Natural Disaster 2. Technological Crises 3. Confrontation 4. Malevolence 5. Organizational Misdeeds 6. Work place violence 7. Rumors 8. Terrorist attacks/Man made disasters Natural Disaster - considered acts of god - such as environmental phenomena as earthquakes, volcanic eruptions, floods, landslides, storms, tsunamis and droughts that threaten life, property and the environment itself. Technological Crises - are caused by human application of science and technology. Confrontation Crises - occur when discontented individuals and/or groups, fight business, government and various interest groups to win acceptance of their demands and expectations. Common Type of Confrontation Crises 1. Boycott 2. Picketing 3. Sit-ins 4. blockade 5. Occupation of buildings 6. Resisting/Disobeying police 7. Ultimatums to those in authority Crises of malevolence - opponents or miscreants individuals use criminal means or other extreme tactics for the purpose of expressing hostility or anger toward a company or country with aim of destabilizing or destroying it. ex. product tampering, kidnapping, terrorism, espionage. Crises of Organizational Deeds - occurs when management takes actions it knows will harm stakeholders without adequate precaution. 3 Types of Organizational Misdeeds 1. Crises of skewed management values 2. Crises of Deception 3. Crises of Management Misconduct Human Behavior - refers to the range of behaviors exhibited by humans and which are influenced by culture, attitudes, emotions, values, ethics, authority, rapport, hypnosis, persuasion, coercion and genetics. Factors Affecting Human Behavior 1. Genetics 2. Attitude 3. Social Norms 4. Perceive behavioral control 5. Core faith 6. Survival instinct Psychiatric Disorders Associated with Criminal Behavior 1. Anxiety Disorders 2. Delirium 3. Delusional Disorder 4. Dementia 5. Impulse Control Disorder 6. Intoxication or withdrawal from medication or drugs 7. Malingering 8. Mood disorders such as major depression, anxiety disorders and bipolar disorders 9. Personality disorders, especially anti social personality disorder 10.Pervasive developmental disorder (autism) 11.Psychotic disorder 12.Schizophrenia 13.Schizo-afflective disorder 14.Schizophreniform disorder 15.Substance dependence and abuse 16.Traumatic brain injury Mental Illness/Mental Disorder - a health conditions that changes a persons thinking, feelings or behavior and that causes the person distress and difficulty in functioning. Schizophrenia - a long term mental disorder of a type involving a breakdown in the relation between thought, emotion and behavior, leading to faulty perception, inappropriate actions and feelings,withdrawal from reality and personal relationships into fantasy and delusion and a sense of mental fragmentation. Autism - a mental condition present from early childhood characterized by great difficulty in communicating and forming relationship with other people and in using language and abstract concepts. Hypnosis - the induction of a state of consciousness in which a person apparently losses the power of voluntary action and is highly responsive to suggestions or directions. Stalking - is a term used to refer to unwanted and obsessive attention by an individual or group to another person. Human Behavior and Crisis Management Definition of Terms 2 Basic Instinct/Impulse Eros – life instinct – preservation of life Thanatos – Death instinct 3 Possible Causes Of Crime And Delinquency Conscience so over bearing – strong Weak Conscience Desire for immediate gratification of needs 3 Components Of The Human Personality ID Ego Super Ego 3 Dimension Of Personality Related To Criminal Behavior – Eysencks Theory Psychotism Extroversion Neurotism 46 Chromosomes – normal person. Female – XX on 23rd chromosomes Male - XY on 23rd chromosomes Anal – Anus is the source of gratification. Basic concept Of The Crisis Theory Equilibrium Time Change Behavior Overt – directly seen Covert – motives, emotions Catatonic – wax – motor disorder, will stay in one position for a long period without moving, harmless. Change – the result of crisis on individual. Coprolalia – obtaining of sexual pleasure by using or hearing certain dirty words Criminal Psychology – Human conduct against criminal laws. Crisis – A state provoked when a process faces obstacle, hazard to important life goals that is for a time insurmountable through the utilization of customary method of problem solving. Delusion – erroneos belief Delusion of persecution Delusion of grandeur – you feel as a powerful person Dyspareunia – painful intercourse Ego – In charge with reality. Electra Complex – For female, female child develop hatred to the mother but sexual attraction to the father. Equilibrium – state of balance or adjustment between opposite or divergent influences. Exhibitionism – exposure of genitals in pjublic. Extroversion – sensation seeking, anventurous, dominant, assertive. Faotreurism – rubbing genitals to other person. Fetishism/Fatalism – sex objects are not human. Frigidity – inability to have sexual arousal and enjoy coitus. Genetic Basis Of Criminology – bad seed theory. Genital – With other person. Gonorrhea – infection of genitals acquired through sexual contacts. Symptoms 1. Inflammation 2. Discharge of white, yellow or yellowish green fluid from the urethra 3.Burning sensation when urinating Treatment – injection of penicillin Halucination – perceive something without realistic basis. Hebephrenic – harmless, excessive withdrawal from human contact, characterized by silliness and child like mannerism. Herpes – infection of the genetals acquired after 2-20 days of sexual contact with the carrier. Symptoms Sores, ruptures, and blisters It is recurrent Treatment – no sure cure yet Histrionic – characterized bhy over reactivity. OA Homosexuality – sexual attraction and relationship with the person of the same sex. ID – Based on pleasure principle. Animal instinct. Incest – sex with close relative Insanity – Symptoms Halucination Delusion Klismaphilia – erotic activity involving the anal region Masochism – he is the one being hurt. Mental disorder – is insanity. Is known as severe psychosis, also called schizophrenia. Narcisism – love of one's self Narcisistic Personality – inflated ego, “mataas ang pagtingin sa sarili” Necrophilia – sex with a corpse Neurotism – low self esteem, mood swings, excessive anxiety. Oedipus Complex – For male, male child develop hatred to the father but sexual attraction to the mother. Oral – Mouth is source of gratification. From birth up to 3 years. Paranoid – characterized by extreme suspiciousness, most dangerous. Paranoid Personality – characterized by suspiciousness but absence of delusion and halucination. Neurotic. Paraphilias – abnormal ways of sexual gratification. Personality Disorder – not insane Psychopath/Sociopath/Anti-social personality Narcisistic Personality Paranoid Personality Histrionic Schizoid Personality Phallic – Source of pleasure is the sex organ. About 5 years old. Phedophilia – having sex with children, usually below 13 years old. Psychology – Study of behavior. Psychopath – no sense of shame, no morality, do not learn from their experience. Psychosexual development Oral Anal Phallic Genital Psychotism – aggressive, egocentric, impulsive. Sadism – a person who achieve sexual satisfaction by seeing the partner suffer. Sado-Masochism – both sadism and masochism Schizoid Personality – extreme social withdrawal. Sexual Disorders Sexual Dysfunctions Paraphilias Gender identity Disorder Sexual Dysfunction – sexual disorder. Arousal disorder. Failure to achieve orgasm Premature orgasm Sigmund Freud – psycho analytic theory. Super Ego – In charge with morality – conscience. Syphilis – STD disease acquired 3-4 weeks after sexual contact with an infected person. Symptom – Sore or chancre in the penis or scrotum for male, cervix or vaginal walls for woman, can be diagnosed by blood test. Treatment – antibiotics Time – involves the period of disorganization, period of upset, and the period of adaptation. Transvestism – cross-dressing, sexual gratification by wearing the clothes of the opposite sex. Types Of Psychosis Disorganized or hebephrenic Catatonic Paranoid Undifferentiated Undeffirentiated – simple schizophrenia, do not care about their hygiene anymore, harmless, taong grasa. Venereal Diseases – sexually transmitted diseases Gonorrhea Syphilis Herpes Aids Voyeurism – peeping tom XYY – appearance of extra chromosomes, violent people. Aggressive, usually tall. Zoophilia/Bestiality – having sex with animal Seminar on Contemporary Police Problem Contemporary Police Problem may be Classified into the following: Police Misconduct - is a broad category.The term refers to a wide range of procedural,criminal and civil violations. Police Corruption - is the abuse of authority for personal gain. Misconduct - is procedural when it refers to police who violate police department rules and regulation. Criminal - when it refers to police who violate the penal laws. Civil - when it refers to police who violate a citizens civil right. Common forms of Misconduct Excessive use of physical or deadly force Discriminatory arrest Physical or verbal harassment Selective Enforcement of the law False arrest and imprisonment Perjured testimony about illegal searches Common Forms of Police Corruption Bribery Extortion Receiving of Fencing Stolen goods Selling drugs,theft of drugs and money from drug dealer malicious prosecution Making false report and committing perjury Protecting illegal gambling Theft of seized property Receiving discounts on purchases Selling information about police operation What are the safeguards against police misconduct Establish Code of conduct Train new recruit ethically and properly Investigate and Discipline violators Establish independent body ex. Pleb Despite legal safeguards and well intentioned reforms, Police problems have continued to produce headlines. What can society do against the age-old problem of police misconduct and corruption? ans. Monitor and Correct. Trends in the forms of Police Corruption 1. Drugs - became the major driver of corruption replacing gambling, prostitution and alcohol. 2. Corruption is systemic in police departments. Systemic - affecting the entire system, group, body or society as a whole. Standard strategies for reducing Police Corruption 1. Create permanent external oversight over the police with particular emphasis on monitoring police officer behavior. 2. Holding supervisors responsible for the integrity of their subordinate. 3. Reforming merit promotion and assignment. 4. Changing police culture. 5. Creating training programs in integrity for recruits and in-service personnel particularly first line supervisors. 6. Creating an effective internal integrity monitoring unit. 7. Annually evaluating the integrity of all officers. 8. Making the Chief responsible for enforcing all disciplines. 9. Proactively investigate misbehavior. 10. Improving standards for recruitment and training. Information about Police corruption comes from several sources 1. Appointed commission/Body of investigation 2. Civil and Criminal investigations of police behavior 3. Investigations undertaken by the police themselves 4. Accounts by public media 5. Observations by outside witnesses 6. Surveys of police officers and the public 7. Accounts by people involved in corrupt activity Being on the Pad - this phrase is associated with bribery and extortion, a category of police corruption. Police Brutality - actions such as using abusive language, making threats, using force or coercion unnecessarily, prodding with night sticks and stopping and searching people to harass. Most Common Types of Corruption in the PNP 1. Case Fixing - subjective imposition of penalties or downright sabotage of the investigation process in exchange for money or other things for personal gain. 2. Bribery - receipt of cash or a gift in exchange for past of future assistance in avoidance of prosecution. 3. Extortion - common practice of holding "street court" where incidents such as minor traffic tickets can be avoided with a cash payment to the officer and no receipt given. 4. Protection - taking of money or other rewards from vice operators or from legitimate companies operating illegally in return for protecting them from law enforcement activity. 5. Recycling - use or sale of confiscated items and evidence, usually drugs or narcotics. 6. Selective Enforcement - occurs when police officer exploit their officer discretion e. areglo, balato. 7. Internal Pay-Offs - sale of work assignments, day offs, holidays, vacation period and even promotion. Police Ethics and Community Relations PNP Philosophy 1. Service 2. Honor 3. Justice PNP Core Values 1. Makadios (God-Fearing) 2. Makabayan (Nationalistic) 3. Makatao (Humane) Ethical Acts to be Observed by PNP members 1. Morality 2. Judicious use of authority 3. Integrity 4. Justice 5. Humility 6. Orderliness 7. Perseverance Definition of Terms Customs - established usage or social practices carried on by tradition that have obtained the force of law. Traditions - bodies of belief, stories, customs and usages handed down from generation to generation with the effect of an unwritten law. Courtesy - a manifestation of expression of consideration and respect for others. Ceremony - a formal act or set of formal acts established by customs or authority as proper to special occasion. Social Decorum - a set of norms and standard practiced by the members during social activities and other functions. Police Community Relation - generally refers to the sum total of attitudes and behavior between police and the communities they serve. Public Relations - a collection of communication techniques used by individuals or organizations to convince an audience about the merits of an idea, organization, program, practice or policy. Community Service - refers to the activities whereby police engage in pro-social activities to enhance the well being of the community beyond law enforcement and other maintenance. Community Participation - involves members of the community taking an active role in trying to genuinely help the police. Police Traditions 1. Spiritual beliefs 2. Valor 3. Patriotism 4. Discipline 5. Gentlemanliness 6. Word of Honor 7. Duty 8. Loyalty 9. Camaraderie Spiritual Beliefs - can refer to an ultimate or an alleged immaterial reality, an inner path enabling a person to discover the essence of his/her being or the deepest values and meanings by which people live. Valor - great courage in the face of danger. Strength of mind or spirit that enables a person to encounter danger with firmness. Patriotism - love of country and willingness to sacrifice for it. Discipline - the practice of training people to obey rules or a code of behavior using punishment to correct disobedience. Gentlemanliness - characteristic of or having the character of a gentleman. A man whose conduct conforms to a high standard of propriety or correct behavior. Word of Honor - a verbal commitment by one person to another agreeing to do or not to do something in the future. Duty - a task or action that someone is required to perform. Loyalty - a strong feeling of support or allegiance. Is faithfulness or a devotion to a person, country, group or cause. Camaraderie - mutual trust and friendship among people who spend a lot of time together. Goodwill and lighthearted rapport between or among friends.