INTRODUCTION TO CRIMINOLOGY MARK ALLEN V. FAUSTO,RCRIM,MCJE • Doctor of Philosophy major in Criminal Justice Education (on going) – Emilio Aguinaldo College • Master in Criminal Justice Education – Wesleyan University Philippines • Bachelor of Science in Criminology (Academic Distinction) – Tarlac State University • NAPOLCOM Entrance Passer • Registered Criminologist • Certified Digital Forensic Photographer • Certified Fingerprint Examination Specialist • Certified Firearms and Toolmarks Examination Specialist • Certified Questioned Document Examiner • National Review Lecturer – CLE • Public Relation Officer – PCAP Region 3 COMMON PROBLEMS OF EXAMINEES Reviewees keep on reading and studying but cannot remember or recall what was studied Reviewees in general are weak in analysis and comprehension. WHAT IS THE SOLUTION? Reviewees keep on reading and studying but cannot remember or recall what was studied Reviewees in general are weak in analysis and comprehension. CRIMINOLOGY IN THE PHILIPPINES CHED – COMMISSION ON HIGHER EDUCATION 3 TYPES OF COURSES SHORT COURSE – ACT 4 YEARS W/O BOARD EXAM – HRM, POLSCI, BSBA 4 YEARS W. BOARD EXAM CRIMINOLOGY RA 8551 – PNP REFORM AND REORGANIZATION ACT ELIGIBILITY CLE – 75% NAPOLCOM ENTRANCE EXAM – 70% CSC – 80% PLARIDEL COLLEGE first ever educational institution which offered the criminology course at Sta. Cruz, Manila, 1954. also known as Philippine College of Criminology (PCCr) F - BFP P - PNP J – BJMP NBI – DOJ PRIOR RA 11131 – NBI AGENT – CPA OR ATTY UPON APPROVAL RA 11131 – RCRIM – NBI AGENT – 60,000 – TOR – GWA – 85 DENR – FOREST RANGER PHILIPPINE EDUCATORS ASSOCIATION FOR CRIMINOLOGY EDUCATION (PEACE) Organized and founded primarily to professionalize education in the context of national development NOV 3 TO NOV 9 PNP RECRUITMENT – RCRIM – PRIORITY - PROJECT OF PEACE Implementation of the first Licensure examination for criminology Recognition of the NAPOLCOM police examination by the Civil Service Examination as eligibility for employment in all other government Civil Service Positions Accreditation of participants in the Seminar/Workshop on Police Marksmanship for instructional purposes in all Criminology Schools PROFESSIONAL CRIMINOLOGISTS ASSOCIATION OF THE PHILIPPINES (PCAP) LAWS RELATED TO CRIMINOLOGY REPUBLICT 6506 An Act Creating the Board of Examiners for Criminologists in the Philippines and for Other Purposes REPUBLIC ACT 11131 An Act regulating the practice of criminology profession in the Philippines, and appropriating funds therefor, repealing for the purpose REPUBLIC ACT NO. 6506 RA 6506 GWA = 75; 50 MANG INASAL UNLIMITED RA 11131 GWA – 75; 60 TANG INASAL – 5 TIMES REFRESHER COURSE NATURE OF CRIMINOLOGY 1. It is an applied science. (INSTRUMENTATION) The application of various sciences in the study of Criminology. FORENSIC SCIENCE FORENSIC PHOTOGRAPHY – INDISPENSABLE OF F.S. – BEST METHOD – PRESERVSATION OF EVIDENCE – CERTIFIED MANINIYOT PERSONAL IDENTIFICATION FORENSIC CHEMISTRY & TOXICOLOGY LIE DETECTION TECHNIQUES FORENSIC BALLISTICS QUESTIONED DOCUMENT EXAMINATION QUESTINED DOCUMENT EXAMINATION TYPES OF DOCUMENT PUBLIC DOCUMENT PRIVATE COMMERCIAL OFFICIAL CLJ PUBLIC DOCUMENT – PUBLIC OFFICE – NOTARIZED – PUBLIC OFFICER PRIVATE DOCUMENT – PRIVATE PERSON CLJ RETIRED RTC JUDGE ISSUE A DOCUMENT? PUBLIC? ATTY PRIVATE? DOCUMENTARY EVIDENCE BEST EVIDENCE RULE – ORIGINAL EXCEPTIONS: WHEN THE ORIGINAL DOCUMENT IS LOST OR DESTROY WITHOUT BAD FAITH WHEN THE ORIGINAL DOCUMENT IS UNDER THE CUSTODY OF THE OTHER PARTY WHEN THE ORIGINAL DOCUMENT IS VOLUMINOUS WHEN THE ORIGINAL DOCUMENT IS A PUBLIC DOCUMENT FORENSIC BALLISTICS INTENAL - BEHAVIOR OF AMMUNITION INSIDE THE BARREL EXTERNAL – OUTSIDE TERMINAL – BEHAVIOR OF BULLET AFTER HITTING THE TARGET COMPONENTS OF POLYGRAPH MACHINE PNUMENOGRAPH – RESPIRATION GALVANIGRAPH – SKIN RESISTANCE CARDIOSPHYGMOGRAPH – CARDIO VASCULAR ACTIVITIES KYMOGRAPH - TRADITIONAL P.I.T. FINGERPRINT – MOST RELIABLE DOGMATIC PRINCIPLE PRINCIPLE OF INDIVIDUALITY - UNIQUENESS PRINCIPLE OF PERMANENCY - CONSTANT PRINCIPLE OF INFALLIBILITY - RELEVANT DNA – BLOOD – HAIR – SALIVA – ODONTOLOGY (TEETH) ANTHROPOMETRY – MEASUREMENT OF BODY STRUCTURE – ALPHONSE BERTILLON WEST CASE – WILL WEST AND WILLIAM WEST A KILLED HIS ILLEGITIMATE CHILD WHO IS LESS THAN 72 HRS BY MEANS POISON A. MURDER B. HOMICIDE C. INFANTICIDE D. PARRICIDE IT IS TYPE OF EVIDENCE THAT ADDRESS OF THE SENSES OF COURT. REAL EVIDENCE B. OBJECT EVIDENCE C. PHYSICAL EVIDENCE D. ALL OF THE ABOVE A. It is a social science. Crime is a social creation and it exists in a society being a social phenomenon. (SOCIOLOGY) PLATE # - REGISTRATIOB ABC 123 – LAST DIGIT – MONTH – 3 – MARCH 2ND LAST DIGIT – WEEK – 2 3. It is dynamic. Criminology progresses as the civilization progresses. It also changes as a social condition changes. (TECHNOLOGY) CYBERCRIME ONEL DE GUZMAN – I LOVE YOU VIRUS 4. It is nationalistic. The study of crimes must be in relation with the existing criminal law within a territory or country. CRIMINOLOGY SCHOOLS OF THOUGHT CLASSICAL SCHOOL OF THOUGHT – FREE WILL OF A PERSON – PUNISHMENT NEO – CLASSICAL SCHOOL OF THOUGHT – EXCEPTIONS – MINOR – INSANE POSITIVIST SCHOOL OF THOUGHT – INTERNAL FACTORS (HEREDITY) OR EXTERNAL (SOCIETY – FRIENDS) - REHABILITATION OTHER IMPORTANT CONTRIBUTORS IN CRIMINOLOGY ADOLPHE QUETELET He found that AGE, GENDER, POVERTY, EDUCATION AND ALCOHOL CONSUMPTION were important factors related to crime EMILE DURKHEIM UNEVEN DISTRIBUTION OF WEALTH and other differences among people EDWIN SUTHERLAND He stated that CRIMINOLOGY IS AT PRESENT NOT A SCIENCE BUT IT HAS HOPES OF BECOMING A SCIENCE GEORGE WILKER He believed that CRIMINOLOGY WILL NEVER BECOME A SCIENCE ABRAHAMSEN He created the Formula of Crime CRIME = INTENT + OPPORTUNITY RESISTANCE CRIMINOLOGY, CRIMINAL JUSTICE AND CRIMINALISTICS CRIMINOLOGY Criminology the entire body of knowledge regarding crimes, criminals and the efforts of society to prevent and repress them. DIVISIONS OF CRIMINOLOGY 1. SOCIOLOGY OF LAW – study of the meaning of crime in terms of law 2. CRIMINAL ETIOLOGY – study of the causes of crime 3. PENOLOGY – control and supervision of criminal and treatment CRIMINAL JUSTICE SYSTEM It refers to the system used by the government to maintain social control, prevents crime, enforce laws and administer justice CRIMINALISTICS The sum total of the APPLICATION OF ALL SCIENCES in crime detection HANS GROSS – Father of Criminalistics CRIMINALISTICS BALLISTICS QUESTIONED DOCUMENT EXAMINATION FINGERPRINT IDENTIFICATION FORENSIC PHOTOGRAPHY LIE DETECTION CRIMINOLOGISTS It is any person who is graduate with the Degree of Bachelor of Science in Criminology, who passes the examination for criminologist and is registered as such by the Board of Examiners of the Professional Regulation Commission REGISTERED CRIMINOLOGIST SOCIOLOGY OF LAW TYPES OF LAW 1. Divine Law – law of the Supreme Being e.g. Ten Commandments 2. Natural Law – which rooted in core values shared by many cultures and it protect against harm to persons (e.g. murder) or property (e.g. robbery) and form the basis of common law systems 3. Statutory Law – enacted by legislatures e.g. R.A. 9165 CLASSIFICATION OF CRIME BLUE COLLAR CRIME It is committed by an individual from a lower social class (e.g. robbery or theft) CORPORATE CRIME It is committed by either by a corporation or by individuals that may be identified with a corporation or other business entity (e.g. Tax Evasion) ORGANIZED CRIME run by criminals for purpose of monetary profit (e.g. Drug Trafficking or Human Trafficking) POLITICAL CRIME one involving overt acts or omissions, which prejudice the interests of the state, its government or the political system (e.g. corruption) PUBLIC ORDER CRIME A.k.a. VICTIMLESS CRIME one in which the victim is the accused; refers to behavior that is illegal but which is claimed to not violate or threaten the rights of anyone (e.g. Prostitution) STATE CRIME activity or failures to act that eventually break the state’s own criminal law or public international law (e.g. rebellion, coup d’etat) WHITE COLLAR CRIME committed by a person of respectability and high social status in the course of his occupation (e.g. Fraud, Money Laundering or Forgery) CRIME, CRIMINAL LAW AND CRIMINAL CRIME An act committed or omitted in violation of public law, forbidding or commanding it KINDS OF CRIME 1. Felony 2. Offense 3. Misdemeanor (Infraction) When does crime exist? PRINCIPLE OF LOGOMACY States that, “there is no crime if there is no law punishing it” Nullum crimen nulla poena sine lege LEGAL CLASSIFICATION OF FELONIOUS CRIME 1. MANNERS OF COMMISSION 2. STAGES OF COMMISSION 3. PLURALITIES OF CRIME 4. GRAVITY OF FELONY MANNERS OF COMMISSION By means of Dolo or Deceit By means of Culpa or Fault STAGES OF COMMISSION Attempted Crime – does not perform all the acts of execution Frustrated Crime – performs all acts of execution but do not produce the felony Consummated Crime – if all elements of execution and accomplishment of crime are all present PLURALITIES CRIME Simple Crime – if a single act constitutes only one offense Complex Crime Compound Crime – if a single act constitutes two or more less grave or grave felony Complex Crime Proper – if an offense is a necessary means of committing the other crime GRAVITY OF FELONY Grave Felony – if the law attaches Capital Punishment (death) or Afflictive Penalty Less Grave Felony – if the law attaches penalty to crime that is Correction in Nature Light Felony – if the penalty for the infraction of law is arresto menor or a fine not exceeding 200 pesos is imposed DURATION OF PENALTY Reclusion Perpertua Reclusion Temporal Prision Mayor Prision Correccional Arresto Mayor Arresto Menor CRIMINOLOGICAL CLASSIFICATION OF CRIME ACCORDING TO THE RESULT OF CRIME Acquisitive Crime – if offenders acquires something as a consequence of his criminal act Extinctive Crime – if the end result of a criminal act is destructive ACCORDING TO TIME Seasonal Crime – committed during a certain period of the year e.g. violation of tax laws Situational Crime – committed when given a situation ACCORDING TO LENGTH OF TIME OF COMMISSION Instant Crime – committed only in the shortest possible time such as libel Episodic Crime – committed by series of acts in lengthy space of time like kidnapping ACCORDING TO THE PLACE OF LOCATION OF THE COMMISSION Static Crime – committed in only one place Continuing Crime – committed in several places ACCORDING TO THE USE OF MENTAL FACULTY Rational Crimes – committed with intent and offenders is in full of possession of sanity Irrational Crimes – committed by a person who does not know the nature and quality of his act ACCORDING TO SOCIO-ECONOMIC TYPE OF CRIME White Collar Crime – committed by a person of respectability in the course of his occupation e.g. a male medical doctor who prescribed a sleep inducing drug to his client for him to have sexual intercourse to the latter while unconscious Blue Collar Crime – committed by ordinary criminals like bag snatching ACCORDING TO THE STANDARD OF LIVING OF THE CRIMINAL Crime of the Upper World – committed by a person of respectability by means of living such as falsification Crime of the Under World – crime that is ordinary in nature but serves as means to maintain their living such as bag snatching CRIMINAL LAW It refers to the that branch or division of law which defines crimes, treats of their nature and provides for their punishment CHARACTERISTICS OF CRIMINAL LAW GENERALITY TERRITORIAL PROSPECTIVITY GENERALITY all persons who live or sojourn in Phil. territory TERRITORIAL committed in the Phil Territory with exceptions under art. 2 of RPC PROSPECTIVITY law should be forward and not backwards with exception of in favor of the criminal but not habitual THEORIES OF THE PENAL CODE CLASSICAL THEORY POSITIVIST THEORY CRIMINAL LEGAL SENSE CRIMINOLOGY SENSE GENERAL CLASSIFICATION OF CRIMINAL BASIS OF ETIOLOGY BASIS OF BEHAVIORAL SYSTEM BASIS OF ACTIVITIES BASED ON MENTAL ATTITUDES BASIS OF ETIOLOGY Acute Criminal – crime of passion Chronic Criminal - person who had intra-psychic conflict between social and anti-social of his personality e.g. kleptomania BASIS OF BEHAVIORAL SYSTEM Ordinary Criminal – lowest form of criminal career Organize Criminal – high degree of organization to enable him to commit crime without being detected and can be operated in large scale businesses Professional Criminal – highly skilled person who is able to obtain amount of money without being detected because of organization and contact with other professional criminals BASIS OF ACTIVITIES Professional Criminal – earns their living through criminal activities Accidental Criminal – commit criminal acts as a result of unanticipated circumstance Habitual Criminal - person who continuously commit criminal acts Situational Criminal – person who is not actually criminal but constantly trouble in legal authorities BASED ON MENTAL ATTITUDES Active Aggressive Measure – commit crimes by aggressive behavior Passive Inadequate Measure – commit crimes because he induced him by others CRIMINAL ETIOLOGY CRIMINAL ETIOLOGY It scientific analysis of causes of crime that should considered the man and his criminal behavior in relation to criminal law or penal law APPROACHES IN THE STUDY OF CRIMINAL BEHAVIOR BIOLOGICAL APPROACH PSYCHIATRIC APPROACH PSYCHOLOGICAL APPROACH SOCIOLOGICAL APPROACH GEOGRAPHICAL APPROACH CRIMINOLOGICAL STUDIES RELATIVE TO CRIMINAL BEHAVIOR CRIMINAL DEMOGRAPHY CRIMINAL EPIDEMIOLOGY CRIMINAL ECOLOGY CRIMINAL PHYSICAL ANTHROPOLOGY CRIMINAL PSYCHOLOGY CRIMINAL PSYCHIATRY VICTIMOLOGY CRIMINAL DEMOGRAPHY study of the relationship between criminality and population CRIMINAL EPIDEMIOLOGY study of the relationship between environment and criminality CRIMINAL ECOLOGY study of the relation to the distribution of wealth in the community CRIMINAL PHYSICAL ANTHROPOLOGY CRIMINAL PSYCHOLOGY criminality in relation of physical constitution of men CRIMINAL PSYCHOLOGY Study of human behavior in relation to criminality VICTIMOLOGY The study of the role of the victim in the commission of crime CORRECTION The branch of the administration of Criminal Justice charged with the responsibility for the custody, supervision and rehabilitation of convicted offenders. CORRECTION - The fourth pillar of the PCJS - Considered as the pillar of the PCJS weakest FORMS OF CORRECTIONS 1. INSTITUTIONALIZED CORRECTION - The rehabilitation of offenders in jail or prison. 2. COMMUNITY BASED CORRECTION - Refers to correctional activities that may take place within the community. BLINDFOLD – symbolized impartiality BALANCE – symbolized truth and fairness SWORD – symbolized power of reason LADY JUSTICE – symbolized divine rightness of law PUNISHMENT It is the redress that the state takes against an offending member of society that usually involve pain and suffering. ANCIENT FORMS OF PUNISHMENT DEATH PENALTY It is a government-sanctioned practice whereby a person is killed by the state as a punishment for a crime. METHODS OF EXECUTION HANGING It is the suspension of a person a noose or ligature around the neck HANGING FIRING SQUAD It is a method of capital punishment in which a person is shot to death by one or more firearms. FIRING SQUAD LETHAL INJECTION It is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing immediate death. BEHEADING Also known as Decapitation It is the complete separation of the head from the body. BEHEADING STONING It is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. STONING ELECTROCUTION It performed using an electric chair, is a method of execution originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes fastened on the head and leg. ELECTROCUTION