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INTRO TO CRIMINOLOGY Lecture

The document provides an introduction to criminology, covering key topics like the definition and history of criminology, the principal divisions and scope of criminology, what constitutes a crime, and the elements of a crime. It discusses classical and positivist criminology theories and how criminology studies crime as a social phenomenon and legal violation.

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0% found this document useful (0 votes)
80 views

INTRO TO CRIMINOLOGY Lecture

The document provides an introduction to criminology, covering key topics like the definition and history of criminology, the principal divisions and scope of criminology, what constitutes a crime, and the elements of a crime. It discusses classical and positivist criminology theories and how criminology studies crime as a social phenomenon and legal violation.

Uploaded by

mrn.xx18
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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INTRODUCTION

TO
CRIMINOLOGY

1
INTRODUCTION TO CRIMINOLOGY
Prepared by:
Mary Coleene V. Ortega
Krisha Lein S. Rivera

1. Describe, explain, and use the basic theories of classical and positivist in explaining the etiology of crime,
criminal behavior, deviant behavior, and human behavior.

2. Interpret and differentiate the fundamental concepts of law, crime, criminology, criminal justice, deviance, and
delinquency.

3. Distinguish typologies of crimes, delinquents, and criminal offenders.

4. Understand and introduce innovation on the concepts of punishment, sentencing, and rehabilitation; allied
discipline/fields of criminology.

5. Learn and explicate The Philippine Criminology Profession and career paths versus criminologists in other
countries.

WEEK 1 - ORIENTATION

WEEK 2

 ETYMOLOGY OF THE WORD CRIMINOLOGY


- The word criminology is essentially the study of crime. Criminology is derived from the Latin term
crimen, which means crime or offense, and the transliterated Greek logia, which has come to denote
study.

 Criminology
- It refers to the study of crime and criminals,
- In 1885, Italian Law Professor Rafaelle Garofalo coined the term criminology (in Italian,
criminologia).
- French Anthropologist Paul Topinard used it for the first time in French (criminologie) around the same
time.

 Criminology Definitions:
1. 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 laws, of breaking laws, and the
society’s reaction towards the breaking of laws.”

2. According to Donald Cressey, “Criminology is the body of knowledge regarding delinquency and
crime as a social phenomenon. It includes within its scope the process of making laws (Sociology of
Laws), of breaking laws (Etiology of Crimes), and of reacting toward the breaking of laws (Penology).

3. A body of knowledge regarding crimes, criminals, and the efforts of society to prevent and repress
them.

4. 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.

 PRINCIPAL DIVISIONS OF CRIMINOLOGY BY EDWIN SUTHERLAND


1. SOCIOLOGY OF LAW (making of laws)
- Is a division of criminology which attempts to offer scientific analysis of the conditions under which
criminal laws are developed as a process of formal social control.

2. CRIMINAL ETIOLOGY (breaking of laws)


- Attempts to provide a scientific analysis of the causes of crime.

3. PENOLOGY (reacting toward the breaking of laws)


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- Is concerned with the control and prevention of crime and the treatment of youth offenders.

 BRIEF HISTORY OF CRIMINOLOGY


 18TH CENTURY
- define crime as the result of demonic possession or the evil abuse of free will (demonological
explanation).
- scholars first distinguished crime from sin, they made possible explanations of criminal behaviors that
were not theological (religious).
- the development of this study is now known as the era of classical criminology.

o MID-18TH
- social philosophers began to rethink the prevailing concepts of law and justice.
- they argued for a more rational approach to punishment, stressing the relationship between crimes and
their punishment should be balanced and fair. This view was based on the prevailing philosophy of the
time, “utilitarianism”

o MIDDLE AGES
- superstition and fear of satanic profession dominated the thinking regarding crime.
- people who violated social norms or religious practices were believed to be witches or possessed by
demons.

o DEMONOLOGICAL EXPLANATION
- began to wane in the 18th century with the beginning of enlightenment.

o ENLIGHTENMENT THINKERS
- believed in the dignity and worth of individuals, a view that would eventually be expressed in the law in
the treatment of criminal offenders.

 19TH CENTURY
- referred to as modern criminology.
- criminology distinguished itself as a subspecialty within the emerging disciplines of psychology,
sociology, and economics.

o LATE 19TH
- Dr. Cesare Lombroso, an Italian philosopher founded for the first time ever, the Positivist School of
Criminology

 21st CENTURY
- may best be called independent criminology.
- criminology began to assert its independence from the traditional disciplines that spawned it.

 NATURE OF CRIMINOLOGY
1. It is an applied science because criminology as a body of knowledge has already established
universally accepted principles and concepts, and these are used by other fields of study. This is called
INSTRUMENTATION.

2. It is a social science because it studies crime as a social phenomenon. Crime is a social problem which
has a great impact on society.

3. It is dynamic because the concepts of criminology and their applications adapt to the changing time.

4. It is nationalistic because the study of criminology takes into consideration the history, the culture and
the social norms and the laws of the country. Each country has its own set of laws and crimes are
defined by the laws of the country.

 SCOPE IN THE STUDY OF CRIMINOLOGY


1. Study of the origin and development of criminal law
2. Study of the causes of crimes and development of criminals

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3. Study of the other sciences that examine criminal behavior using scientific methods such as:
 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

WEEK 3

 WHAT IS CRIME?
- an act committed or omitted in violation of public law. (Phil. Law Dictionary)
- an act committed or omitted in violation of a public law forbidding or commanding it. (Reyes, 2012)
- exists when the person has been proven guilty by the court.
- exists because of the existence of law.
- the law of Logomacy states that, there is no crime if there is no law punishing it and in Latin text it states,
nullum crimen nulla poena sine lege.
- Committed – act performed is in violation of law forbidding it.
- Omitted – crime of omission, which happens when a person failed to perform an act that is commanded by
the law.

 WHAT CONSTITUTES A CRIME?


These factors co-exist for without them, there will be no crime to be considered.
1. Corpus delicti
- is a Latin term meaning body of the crime,
- refers to the elements of an act that must be present to legally define it as a crime.
2. Actus reus
- means guilty act or criminal conduct,
- refers to the principle that a person must commit some forbidden act or neglect some
mandatory act before he/she can be subjected to criminal sanctions. It means people cannot
be criminally prosecuted for thinking something or being something but only for doing
something.
- although drunken behavior may be a punishable crime, being an alcoholic cannot be
punished because of being something is a status, not an act.
3. Mens rea
- means guilty mind,
- refers to whether or not the suspect had a wrongful purpose in mind when carrying out the
actus reus.
- negligence, recklessness and carelessness that results in harmful consequences, even though
not intended
- these principles are self-defense, defense of others, insanity and extreme duress or coercion.

4. Concurrence
‐ means that the act (actus reus) and the mental state (mens rea) concur in the sense that the
criminal intention actuates the criminal act.

5. Causation
‐ the necessity to establish a casual link between the criminal act and the harm suffered.

6. Harm
‐ the negative impact a crime has either on the victim or on the general various of the
community.

 THE ELEMENTS OF CRIME


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1. Motive (M)
‐ refers to the moving power which impels one to act for a definite result.
‐ it becomes important only if the identity of the felon has not been clearly established.
‐ it is different from intent.
‐ Intent – refers to the purpose of using a particular means to affect such a result. It is an element of an
Intentional Felony.

2. Opportunity (O)
‐ refers to the chance or time given to the offender in committing the crime.

3. Instrumentality or Capability (I/C)


‐ Instrumentality - refers to the use of materials or other means in the commission of crime while,
‐ Capability – speaks of the physical capability of a person to perpetrate a crime.

NOTE: Crime will not occur if one of the elements is not present.

 LEGAL CLASSIFICATION OF CRIMES


1. According to law violated:
a. Felony – an act or omission punishable by law which is committed by means of dolo (deceit) or
culpa (fault)and punishable under the Revised Penal Code
b. Offense – an act or omission in violation of a special law
c. Infraction – an act or omission in violation of a city or municipal ordinance

2. According to the manner of committing crime:


a. By means of dolo or deceit
– if the crime is committed with deliberate intent. Thus, it is called intentional felonies.
● freedom or voluntariness

● intelligence

● intent
b. By means of culpa or fault
- felonies committed by means of culpa (fault)
- the act or omission of the offender is not malicious, and the injury caused by the offender is
unintentional, it being the simply the incident of another act performed without malice
● lack of foresight

● lack of skill

● negligence

● imprudence

3. According to the stages in the commission:


a. Attempted
– the crime is attempted when the offender commences the commission of a felony directly or
over acts and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than this own spontaneous desistance.
b. Frustrated
- when the offender performs all the acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by reason of causes independent of the
will of the perpetrator.
c. Consummated
- when all the elements necessary for its accomplishment and execution are present

4. According to plurality:
a. Simple Crime
– is a single act constituting only one offense.
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b. Complex Crime
– single act constituting two or more grave felonies or an is a necessary means for committing
the other
Two (2) Kinds of Complex Crime:
1. compound crime (delito compuesto)
2. complex crime proper (delito complejo)
5. According to gravity:
a. Grave felonies
- are those to which the law attaches the capital punishment or penalties which in any of their
period are afflictive.
b. Less grave felonies
- are those which the law punishes with penalties which in their maximum period are
correctional.
c. Light felonies
- are infractions of laws for the commission of which the penalty of arresto menor or a fine not
exceeding 200 pesos or both is provided.

6. According to the nature of the act:


a. Crimes mala in se
– are acts that are inherently evil. Examples are murder, robbery, etc.
b. Crimes mala prohibita
– are acts which are prohibited only because there are laws forbidding such acts. Examples are
Illegal Possession of firearms, Traffic Violations, etc.

 CRIMINOLOGICAL CLASSIFICATION OF CRIMES


1. According to the result of the crime:
a. Acquisitive crime
– if the offender acquired or gained something by committing the crime.
Examples are robbery, estafa, bribery, etc.
b. Destructive crime
– if the crime resulted in destruction, damage or even death.
Examples are arson, murder and homicide, damage to property, etc.

2. According to the time or period of commission:


a. Seasonal crimes
– are crimes that happen only during a particular season or period of the year.
Examples are violation of election law, tax law violations, etc.
b. Situational crimes
– are crimes committed when the situation is conducive to the commission of the crime and
there is an opportunity to commit it.
Examples are pickpocketing, theft, etc.

3. According to the length of time of the commission:


a. Instant crimes
– are those crimes that can be committed in a very short time.
Example: theft
b. Episoidal crimes
– are crimes committed through a series of acts or episodes and in much longer time.
Example: serious illegal detention

4. According to place or location:


a. Static crimes
– are committed only in one place.
Examples are theft and robbery.
b. Continuing crimes
– are crimes that take place in more than one place or several places.
Examples: abduction, kidnapping, etc.

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5. According to the use of mental faculties:
a. Rational crimes
– when the offender is capable of knowing what he is doing and understanding the consequences
of his actions.
b. Irrational Crimes
– when the offender suffers from any form of mental disorders, insanity or abnormality. Thus,
the offender doesn’t know what he is doing.

6. According to the type of offender:


a. White Collar Crimes
– crimes committed by those persons belonging to the upper socio-economic status or during his
occupational activities.
b. Blue Collar Crimes
– are those crimes committed by ordinary criminals as a means of livelihood.

 CRIMINAL AND DELINQUENT


‐ A criminal refers to a person who has violated a penal law and has been found guilty of the crime charged
upon observing the standard judicial procedure.
‐ A delinquent is a person who has merely committed an act not in conformity with the norms of society.

 GENERAL CLASSIFICATION OF CRIMINALS


1. According to etiology
a. Acute criminal – is a person who committed crime as a result of reacting to a situation or during a
moment of anger or burst of feeling.
b. Chronic criminal – is one who committed a crime with intent or deliberate thinking.
c. Neurotic criminal – is one who has a mental disorder.
d. Normal criminal – a person who commits crimes because he looks up to, idolizes people who are
criminals.

2. According to the type of offender:


a. Ordinary criminal – a criminal who engages in crimes which do not require specialized or
technical skill.
b. Organized criminal – is one who possesses some skills and know-how which enable him to
commit crimes and evade detection.
c. Professional criminal – a highly skilled criminal which is engaged in a large scale criminal
activities and usually operates in groups.

3. According to criminal activities:


a. Professional criminal – a criminal who earns his living through criminal activities.
b. Situational criminal – a person who got involved in a criminal act because the situation presented
itself.
c. Habitual criminal – one who repeatedly commits criminal acts for different reasons.
d. Accidental criminal – a person who accidentally violated the law due to some circumstances.

WEEK 4

 VICTIM
‐ A victim, in general, means any person who, by reason of natural disaster or man-made cause, individually
or collectively has suffered harm, including physical or mental injury, emotional suffering, economic loss
or substantial impairment of his/her fundamental rights, through acts or omission that are in violation of
criminal laws, including those proscribing abuse of power.

 CRIME VICTIM
‐ Generally, refers to any person, group, or entity who has suffered injury or loss due to illegal activity. The
harm can be physical, psychological, or economic.
1. Physical – include physical injury; generally, it involves physical pain.

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2. Psychological – the following are psychological reactions: (a) increase in the belief of personal
vulnerability; (b) perception of the world as meaningless and incomprehensible; and (c) viewing
themselves in a negative light.
3. Economic – it includes loss of property like family house, business establishment and the like.

 CONSEQUENCES OF CRIME
‐ Emotional distress as a result of crime is a recurring theme for all victims of crime. The most common
problem affecting three quarters of victims was psychological problems including:
a. Fear
b. Anxiety
c. Nervousness
d. Self-blame
e. Anger
f. Shame, and
g. Difficulty in sleeping

 MODELS OF VICTIMIZATION
1. Victim of Crime Model (Man-made Cause)
‐ This model of victimization is applicable to victims of man-made causes like homicide, rape, and
others. These stages are as follows:
a. Stage of Impact and Disorganization – this depicts the attitude or activity of the victim
during and immediately following the criminal event.
b. Stage of Recoil – this occurs during which the victim formulates psychological defenses and
deals with conflicting emotions of guilt, anger, acceptance, and desire of revenge (this could
last 3 to 8 months).
c. Reorganization Stage – this occurs during which the victim puts his/her life back to normal
daily living.

2. Victim of Disaster Model (Natural Cause)


‐ This model of victimization is applicable to victims of natural causes like earthquake, flood,
volcanic eruption, and others. The stages as follows:
a. Pre-impact Stage – this describes the state of the victim prior to being victimized.
b. Impact Stage – this is the phase in which victimization occurs.
c. Post-impact Stage – this entails the degree and duration of the personal and social
disorganization following victimization.
d. Behavioral Outcome – this describes the victim’s adjustment to the victimization
experience.

 KINDS OF CRIME VICTIM


1. Direct or Primary Crime Victim – this kind of victim directly suffers the harm or injury which is
physical, psychological, and economic losses.

2. Indirect or Secondary Crime Victim – victims who experience the harm second hand, such as intimate
partners or significant others of rape victims or children of a battered woman. This may include the family
members of the primary victims.

3. Tertiary Crime Victim – victims who experience harm vicariously, such as through media accounts the
scared public or community due to watching news regarding crime incidents.

WEEK 5 - PRELIMINARY EXAMINATION

WEEK 6

 SCHOOLS OF THOUGHT IN CRIMINOLOGY


 School of Thought – refers to a group of beliefs or ideas that support a specific theory.
 Theory – set of statements devised to explain behavior, events, or phenomenon, especially one that has
been repeatedly tested and widely accepted.
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 CLASSICAL SCHOOL OF CRIMINOLOGY
‐ the new era, ushered in by the Enlightenment thinkers, led to the development of Classical School.
‐ this school of thought stated that a crime is based in the rational decision-making process of motivated
criminals.
‐ the relationship between crimes and their punishment should be balanced and fair. This view was based on
the prevailing philosophy of “utilitarianism or hedonistic doctrine”. In other words, under this
philosophy, people want to achieve pleasure and avoid pain.
‐ the classical school of criminology grew out of a reaction against the barbaric system of law, punishment
and justice that existed.
‐ there was no real system of criminal justice in Europe at that time. Some crimes were specified, some were
not.
‐ judges had discretionary power to convict a person for an act not even legally defined as criminal.
‐ This school of thought assumes 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
behavior 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
person as far as free will is concerned.
‐ founders of classical school of criminology are Cesare Beccaria and Jeremy Bentham.

 FIVE PRINCIPLES USED BY SOCIETY IN REACTING TO CRIMINAL ACTIVITIES:


1. The Principle of Rationality – human beings have free will and the actions they undertake are
the result of choice.
2. The Principle of Hedonism – pleasure and pain, or reward and punishment, are the major
determinants of choice.
3. The Principle of Punishment – criminal punishment is a deterrent to unlawful behavior, and
deterrence is the best justification for punishment.
4. The Human Rights Principle – society is made possible by individuals cooperating. Hence,
society owes to its citizen’s respect for their rights in the face of government action.
5. The Due Process Principle – an accused should be presumed innocent until proven otherwise,
and an accused should not be subjected to punishment prior to guilt being lawfully established.

 CLASSICAL THINKERS

1. Cesare Beccaria (March 15, 1738 – November 28, 1794)


‐ whose Italian name was Cesare Bonesana, but who held the title Marches di Beccaria.
‐ was born in Milan, Italy.
‐ the eldest of four of four children he was trained at Catholic schools and earned a Doctor of
Laws degree by the time he was 20.
‐ was an Italian philosopher and politician.
‐ became known as the Father of Classical Criminology.
‐ at a very young age he authored his most famous work,
 “On Crimes and Punishment”
‐ it is one of the earliest and most famous works against death penalty.
‐ which presented key ideas on the abolition of torture as legitimate means of
extracting confession.
‐ he is most frequently referred to as a punishment reformer and he staunchly advocated the
principle of “no crime without law.”
‐ his book contains almost all modern penal reforms, but its greatest contribution was the
foundation it laid for subsequent changes in criminal legislation.
‐ his book was influential in the reforms of penal code in France, Russia, Prussia, and it
influenced the first ten amendments to the US Constitution.
 Beccaria believed that:
‐ People want to achieve pleasure and avoid pain.
‐ Crime provides some pleasure to the criminal.

2. Jeremy Bentham (February 15, 1748 – June 6, 1832)

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‐ was an English Utilitarian Philosopher and lawyer.
‐ wrote the Introduction to the Principles of Morals and Legislation, where he argued “nature
has placed mankind under the governance of two sovereign master, pain and pleasure.”
‐ he advocated a philosophy of social control based on what he called the principle of utility.
‐ believed that individuals could weigh, at least intuitively, the consequences of their behavior
before acting, thus maximizing pleasure, and minimizing pain.
‐ his contribution to the 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.

 UTILLITARIANISM/HEDONISTIC CALCULUS
UTILITARIANISM
‐ is the doctrine that the purpose of all actions should be to bring about the greatest
happiness for the greatest number of people.
‐ Bentham assumes that all our actions are calculated in accordance with their
likelihood of bringing pleasure and pain.
HEDONISTIC CALCULUS
‐ people acting in accordance with their desires to maximize pleasure and minimize
pain.

 NEO-CLASSICAL SCHOOL
‐ posits that the actor is no longer the isolated, atomistic rational man of pure reason. And crime is the result
of free will of men but was committed due to some compelling reasons.
‐ stated that humans are creatures guided by reason, possessing free will, and therefore are responsible for
their acts and can be controlled by fear of punishment.
‐ this theory modified the doctrine of free will by stating that free will of men may be affected by other
factors and crime is committed due to some compelling reasons that prevail. These causes are pathology,
incompetence, insanity, or any condition that will make it impossible for the individual to exercise free will
entirely. In the study of legal provisions, this is termed as either mitigating or exempting circumstances.

WEEK 7

 POSITIVIST SCHOOL
‐ The term “positivism” refers to a method of analysis based on the collection of observable scientific facts.
‐ Positivists believe that causes of behavior can be measured and observed.
‐ It demands for facts and scientific proof, thus, changing the study of crimes and criminals into a scientific
approach.
‐ Positive theorists were the first to claim the importance of looking at individual differences among
criminals. These theorists who concentrated on the individual structures of a person, stated that people are
passive and controlled, whose behaviors are imposed upon them by biological and environmental factors.

 Auguste Comte
‐ was a French philosopher and sociologist and is believed to be the one who reinvented the French
term sociologie.
‐ He was recognized as the “Father of Sociology and Positivism”.

 THE (UN) HOLY THREE (3) OF CRIMINOLOGY


1. CESARE LOMBROSO (1835 – 1909)
‐ was an Italian physician.
‐ 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.
‐ other writers referred to him as the Father of Italian/positive School of Criminology.
‐ known for the concept of atavistic stigmata (the physical features of creatures at an earlier
stage of development).

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‐ 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.
 According to him, there are three (3) classes of criminals:
a. Born criminals – individuals with at least five (5) atavistic stigmata.
b. Insane criminals – those who became criminals because of some brain
defect which affected their ability to understand and differentiate what is
right from what is wrong. (idiots, imbecile, demented, and paralyzed)
c. Criminaloids – those with makeup of an ambiguous group that includes
habitual criminals, criminals by passion and other diverse types.

2. ENRICCO FERRI (1856 – 1929)


‐ developed his ideas in the course of his work as a university professor, trial lawyer, member
of Parliament, newspaper editor, public lecturer, and author.
‐ he published a book “Criminal Sociology”
‐ 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.
 Classified criminals as:
a. Born or instinctive – who carries from birth, through unfortunate
heredity from his progenitor, a reduced resistance to criminal stimuli and
an evident and precocious propensity to crime.
b. Insane – affected by clinically identified mental disease or by a
neuropsychopathic condition, which groups him with mentally diseased.
c. Passional – who, in two varieties, the criminal through passion (a
prolonged and chronic mental state) or (through emotion explosive and
unexpected mental state) represents a type at the opposite pole from the
criminal due to congenital tendencies.
d. Occasional – who constitute the majority of lawbreakers and is the
product of family and social milieu more than of abnormal personal
physio-mental conditions.
e. Habitual – or a criminal by acquired habit, who is mostly a product of the
social environment in which, due to the abandonment by his family, lack
of education, poverty, and bad companions, already in his childhood
begins as an occasional offender.

3. RAFFAELE GAROFALO (1852 – 1934)


‐ an Italian Lawyer and legislator.
‐ became a prominent spokesman for the Italian School of Criminology.
‐ 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 freewill.
‐ Classified criminals as:
a. Murderers,
b. Violent Criminals,
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c. Deficient Criminals, and
d. Lascivious Criminals.

 FRENCH SCHOOL
‐ it emphasized the interaction between social and psychological factors, the importance of biological and
physical factors in crime causation.
‐ it posited that crime was socially defined and that it was socially determined.
‐ the general viewpoint of the French school was shaped less by the evolutionary theory of Darwin and more
by the Jean-Baptiste Lamark.
‐ better described as a multidisciplinary tradition that accepted sociological determinants, bio-psychological
propositions, and even a degree of free will.

1. GABRIEL TARDE (1843 – 1904)


‐ a French Lawyer and Sociologist
‐ emphasized that social factors were sufficient to explain why crime varied over time within each
society.
‐ contended that some people learn to engage in crime much as other people learn legitimate
occupations and social customs.
‐ criminal behavior is largely learned from what he called laws of imitations. This meant that
people imitate others with whom they have frequent contact essentially the same way people
copy and come to prefer different styles of clothing.

WEEK 8

 SOCIALIST SCHOOL
1. KARL MARX and FRIEDRICH ENGELS
‐ they emphasized economic determinism. It concentrates on the need for quality among all
citizens.
‐ their theories are based upon the basic idea that poverty causes people to be inclined to criminal
activities.

 CARTOGRAPHIC SCHOOL
‐ this school is concerned primarily with the distribution of crimes in certain areas, both
geographical and social.
‐ this school viewed crimes as necessary expression of social conditions.
‐ one of these alternative ways was associated with looking for geographical patterns in criminal
behavior.

1. LAMBERT ADOLPHE JACQUES QUETELET (1796-1874)


‐ a Belgian mathematician who began, together with a Frenchman, Andre Michael Guerry, the
cartographic school of criminology. This approach made use of social statistics that were being
developed in Europe in the early 19th century.
‐ he was one of the first social scientists to use objective mathematical techniques to investigate
the influence of social factors, such as season, climate, sex, and age on the propensity to commit
crime.
‐ he also uncovered evidence that season, climate, population composition, and poverty were also
elated to criminality.

2. ANDRE-MICHAEL GUERRY (1802-1866)


‐ a second prominent contributor to the cartographic school, he was a French lawyer.
‐ he meticulously shaped maps of various regions of France according to their crime rates.
‐ he was the first person known to objectively test the hypothesis that crime was most prevalent
among the poor and uneducated. He concluded that property crimes were higher in wealthy
areas, but violent crimes were much higher in poor areas.

WEEK 9 - MIDTERM EXAMINATION

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WEEK 10

 DEMONOLOGICAL THEORY
‐ asserts that a person commits wrongful acts due to the fact that he was possessed by demons.

 BIOLOGICAL THEORIES
‐ this refers to the set of theories that point to physical, physiological, and other natural factors as the causes
for the commission of crimes of certain individuals.
‐ this explanation for the existence of criminal traits associates an individual’s evil disposition to physical
disfigurement or impairment.

A. Physiognomy – the study of facial features and their relation to human behavior.

1. GiambiatistadelaPorta
‐ founder of human physiognomy
‐ according to him criminal behavior may be predicted based on facial features of the
person.

2. Johann KasparLavater
‐ supported the belief of delaPorta
‐ he believed that a person’s character is revealed through his facial characteristics.

B. Phrenology, Craniology or Cranioscopy – the study of the external formation of the skull in
relation to the person’s personality and tendencies toward criminal behavior.

1. Franz Joseph Gall


‐ He developed cranioscopy which was later renamed phrenology.

2. Johann KasparSpurzheim
‐ assistant of Gall in the study of phrenology.
‐ She was the man most responsible for popularizing and spreading phrenology to a wide
audience

C. Physiology or Somatotype – refers to the study of the body build of a person in relation to his
temperament and personality and the type of offense he is most prone to commit.

1. Ernst Kretschmer
‐ He distinguished three (3) principal types of physiques: asthenic, athletic, pyknic and
dysplastic.
a. asthenic – characterized as thin, small, and weak.
b. athletic – muscular and strong.
c. pyknic – stout, round and fat.
d. dysplastic – combination of two body types

2. William Herbert Sheldon


‐ formulated his own group of somatotypes:
a. ectomorph – tall and thin and less social and more intellectual than the other types.
b. mesomorph – have well-developed muscles and an athletic appearance.
c. endomorph – heavy builds and slow moving.

D. Heredity – the transmission of traits from parents to offspring.

1. Richard Louis Dugdale


‐ conducted a study of the Jukes family by researching their family tree as far back 200 years.

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‐ discovered that most of the ascendants of the Jukes were criminals.

2. Henry Goddard
‐ traced the descendants of Martin Kallikak from each of his two wives and found a distinct
difference in terms of quality of lives of descendants. He coined the term “moron”

3. Charles Goring
‐ believed that criminal traits can be passed from parents to offspring through genes.
‐ he proposed that individuals who possess criminal characteristics should be prohibited from
having children.

 INTELLIGENCE AS A FACTOR IN CRIMINALITY


‐ The classic studies of the Juke and Kallikak families were among the first to show that
feeblemindedness or low-intelligence can be inherited and transferred from one generation
to the next. Numerous tests were also conducted that lead to the development of the use of
IQ tests as a testing procedure for offenders. The very first results seemed to confirm that
offenders had low mental abilities and they were found to be mentally impaired.

 ALFRED BINET
‐ a French psychologist who developed the first IQ test.
‐ the test measured the capacity of individual children to perform tasks or solve problems in
relation to the average capacity of their peers

 PSYCHOLOGICAL THEORIES
‐ refers to the theories that attribute criminal behavior of individuals to psychological factors such as emotion
problems.

1. Psychoanalytic Theory
‐ developed by Sigmund Freud, states that all humans have natural drives and urges that are
repressed in the unconscious.
‐ he is recognized as the Father of Psychoanalysis
‐ known for his psychoanalytic theory
‐ according to him, criminality is caused by the imbalance of the three (3) components of
personality: the id, ego, and superego.
a. ID – this stands for instinctual drives; it is governed by the “pleasure principle”
b. EGO – this is considered to be sensible and responsible part of an individual’s
personality and governed by the “reality principle”; it is developed in early life and
compensates for the demands of the id by helping the individual guide his actions to
remain within the boundaries of accepted social behavior; it is the objective, rational
part of the personality
c. SUPER EGO – serves as the moral conscience of an individual; it is structure by
what values were taught by the parents, the school, and the community, as well as
belief in God; it is largely responsible for making a person follow the moral codes of
society.

 SOCIOLOGICAL THEORIES
‐ refer to things, places and people with whom we come in contact with and which play a part in determining
our actions and conduct. These causes may bring about the development of criminal behavior.

a. Emile Durkheim
‐ he stated that crime is a normal part of the society just like birth and death.
‐ proposed the concept of “anomie” or the absence of social norms. It is characterized by
disorder due to lack of common values shared by individuals, lack of respect for authority
and lack of appreciation for what is acceptable and not acceptable in a society.

b. Gabriel Tarde
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‐ introduced the theory of imitation which proposes the process by which people become
criminals.
‐ According to this theory, individuals imitate the behavior of other individuals based on the
degree of their association with other individuals and it is inferior or weak who tend to
imitate the superior and strong.

c. Adolphe Quetelet and Andre Michael Guerry


‐ He repudiated the free will doctrine of the classicists.
‐ founder of the cartographic school of criminology.
‐ founder of moral statistics.
‐ Cartographic school of criminology makes use of statistical data such as population, age,
gender, occupation, religious affiliations and socioeconomic status and studies their
influences and relationship to criminality.

WEEK 11

MODERN SOCIOLOGICAL THEORIES OF CRIME CAUSATION


‐ environmental factors such as the kind of rearing or family upbringing, quality of teaching in school,
influences of peers and friends, conditions of the neighborhood, and economic and other societal factors are
believed to be contributory to crime and criminal behavior.

 SOCIAL STRUCTURE THEORIES


- refers not only to the physical features of the communities but also to the way society is organized.
- include such things as the level of poverty and unemployment and the amount of crowded housing
which are believed to affect behavior and attitudes of individuals which in turn contribute to their
commission of crimes.
- also called social environment
- includes social disorganization theory, strain theory and cultural deviance theory.

a. Social Disorganization Theory


- popularized by Clifford Shaw and Henry McKay.
- According to this theory, crimes in urban areas are more prevalent because residents have
impersonal relationships with each other.
- an increase in the number of broken families and single parenthood are also very common in
disorganized communities.
- Another feature of disorganized communities is poverty as evidenced by poor living
conditions such as rundown houses, unsanitary and unsightly streets and high unemployment
rates.

b. Strain Theory
- strain refers to the individual’s frustration, anger, and resentment.
- holds that crime is a function of the conflict between the goals people have and the means
they can use to legally obtain them. This also argues that the ability to obtain these goals is
class dependent; members of the lower class are unable to achieve these goals which come
easily to those belonging to the upper class. Consequently, they feel anger, frustration, and
resentment, referred to as STRAIN.

c. Cultural Deviance Theory


- gives emphasis on the concept of culture and subculture.
- According to this theory, because people in the lower class feel isolated due to extreme
deprivation or poverty, they tend to create a subculture with its own set of rules and values.
This is characterized by deviant behavior which results in criminal behavior among its
members.

 SOCIAL PROCESS THEORY


- refers to a group of theories which point to the individual’s socialization process as the cause for the
commission of crimes. These theories cite interaction with people and experiences and exposure to
different elements in the environment as primary factors to criminality.
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- Under this theory is the social learning theory which in turn has three (3) sub-theories: differential
association theory, differential reinforcement theory and neutralization theory.

a. Differential Association Theory


- formulated by Edwin Sutherland
- This theory states that criminal behavior is learned through socialization.
- criminal behavior is learned in interaction with other persons in a process of communication.

b. Differential Reinforcement Theory


- According to this theory, an individual's behavior depends on how people around him react
towards his behavior.
- an act that is rewarded is repeated; an act that is punished will be avoided.

c. Neutralization Theory
- introduced by David Matza and Gresham Sykes.
- sometimes referred to as “drift theory”
- According to this theory, people know when they are doing something wrong, however, they
rationalize and justify their actions. This rationalizing is what we call “neutralization”.

 SOCIAL REACTION THEORY


‐ more commonly called labeling theory.
‐ It states that people become criminals when significant members of society label them as such and
they accept those labels as a personal identity.

 SOCIAL CONTROL THEORIES


‐ maintain that everyone has the potential to become a criminal, but most people are
controlled by their bonds to society.
‐ Social control refers to the agencies of social control such as family, school, religion
or church, government and laws and other identified authorities in society.
‐ There are two (2) sub-theories: containment theory and social bond theory.

a. Containment Theory
- proposed by Walter Reckless
- He stated that inner and outer containments help prevent juvenile offending.
- containment means the forces within and outside the individual that has the
power to influence his actions.
- Inner containments include positive self-concept, tolerance for frustration and
an ability to set realistic goals.
- outer containments include family.

b. Social Bond Theory


- propagated by Travis Hirschi
- This theory views crime as a result of individuals with weakened bonds to
social institutions.
- According to this theory, there are four (4) elements of social bonds:
attachment, commitment, involvement and belief.
attachment – refers to the degree to which an individual cares about the
opinions of others.
commitment – refers to an individual’s investment of energy and
emotion in conventional pursuits, such as getting good grades.
involvement – refers to the amount of time an individual spends on a
conventional pursuit.
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belief – refers to acceptance of the norms of conventional society.

WEEK 12

 PREHISTORIC CRIME AND PUNISHMENT


 Primitive Tribes
- punishment may be in the form of ostracism and expulsion
- adultery may be punished by the aggrieved husband who may kill the adulterer and his own
offending wife
- crime may be avenged by the victim himself or by the victim’s family

 THE EARLY CODES


1. CODE OF HAMMURABI
- Hammurabi, the king of Babylon (Iran/Mesopotamia) during the 18th century BC, is recognized
as the first codifier of laws.
- it provides the first comprehensive view of the laws in the early days
- the code was carved in stone
- the “law of talion”, or the principle of “tit for tat”, (an eye for an eye, tooth for a tooth) appears
throughout the code
- under the principle of the law of talion, the punishment should be the same as the harm inflicted
on the victim
2. THE HITTITES
- existed about two centuries after Hammurabi and eventually conquered Babylon

3. CODE OF DRAKON
- knows as the “ultimate in severity”
- codified by Drakon, the Albanian lawgiver of the 7th century BC

4. LAWS OF SOLON
- solon was appointed archon and was given legislative powers
- solon repealed all the laws of the Code of Drakon, except the law on Homicide
- solon was one of the first to see that a lawgiver had to make laws that applied equally to all
citizens and saw that the law of punishment had to maintain proportionality to the crimes
committed.

5. ROME’S TWELVE TABLES


- Roman law began with the Twelve Tables which were written in the middle of the 6 th century
BC
- the Twelve Tables were the foundations of all laws in Rome and written in tablets of bronze
- the Twelve Tables drafted by the Decemvirs; a body of men composed of patricians

 CRIMINAL LAW
‐ is that branch of public law which defines crimes as threats of their nature and provides for
their punishment.

 Characteristics of Criminal Law


1. Generality – provides that the law is binding on all persons who live or sojourn in the Philippine
territory.
2. Territoriality – states that criminal law undertakes to punish crimes committed in the Philippine
territory with the exceptions provided under Article 2 of the RPC.
3. Prospectivity – concept of the criminal provides that it cannot make an act punishable in a manner
in which it was not punishable when committee (ex post facto law). Thus, crimes are punished under
the laws force at the time of their commission.

WEEK 13

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 REVISED PENAL CODE
‐ Act No. 3815
‐ a book that contains the Philippine Criminal Law and different special laws and decrees which are penal in
nature. It is called as RPC because the old penal code which took effect in the country on July 14, 1887, and
was in force until Dec. 31, 1931, was revised by the Committee created by Administrative Order No. 94 of
the Department of Justice, dated Oct. 18, 1927, composed of Anacleto Diaz as Chairman, Alex Reyes and
Mariano de Joya as members. The RPC was approved on Dec. 8, 1930 and took effect on January 1, 1932.

 Principal Parts of the RPC


It is composed of two books; book one which is composed of Articles 1-113 and book two covering
Articles 114-367.
a. Articles 1-20 – principles affecting criminal liability
b. Articles 21-113 – penalties including criminal and civil liability
c. Articles 114-367 – felonies

 CHARACTERISTICS OF REVISED PENAL CODE

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

 EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED PENAL


CODE:
The Revised Penal Code shall be applicable to all cases committed outside the
Philippine territorial jurisdiction under the following circumstances:
a) should commit an offense while on Philippine ship or airship;
b) should forge or counterfeit any coin or currency note of the Philippine Island or
obligations and securities issued by the government of the Philippines;
c) while being a public officer or employee, should commit an offense in the exercise of
their functions’
d) should commit any of the crimes against national security and law of nations

4. Prospectivity - the provisions of the RPC cannot be applied if the act is not yet punishable on the
time the felony was committed. However, it may have a retroactive effect if it is favorable to the
accused who is not a habitual delinquent.

5. It is specific and definite.


Criminal law must give a strict definition of a specific act which constitutes an offense. Where
there is doubt as to whether a definition embodied in the Revised Penal Code applies to the accused
or not, the judge is obligated to decide the case in favor of the accused. Criminal law must be
construed liberally in favor of the accused and strictly against the state.

6. It is uniform in application.
An act described as a crime is a crime no matter who committed it, wherever committed in the
Philippines and whenever committed. No exceptions must be made as to the criminal liability. The
definition of crimes together with the corresponding punishment must be uniformly construed,
although there may be a difference in the enforcement of a given specific provision of the penal law.
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7. There must be a penal sanction or punishment.
Penal sanction is the most essential part of the definition of the crime. If there is no penalty to a
prohibited act, its enforcement will almost be impossible. The penalty is acting as a deterrence and
as a measure of self-defense of the state to protect society from the threat and wrongs inflicted by
the criminal.

 LEGAL MAXIMS
1. Accessorius sequitor – one who is an accessory to the crime cannot be guilty of a more serious
crime than the principal offender.
2. Acta exterioraiudicantinteriorasecreta – outward acts indicate the inward intent.
3. Actoriincumbit onus probandi – the burden of proof lies on the plaintiff.
4. Actus non facitreum nisi mens sit rea – the act does not make one guilty unless there be a criminal
intent.
5. Actus reus – a guilty deed or act.
6. Amicus curiae – a friend of the Court.
7. Animofurandi – with the intention of stealing.
8. Corpus delicti – the body, i.e. the gist of crime.
9. Damnum sine injuria – damage without legal injury.
10. Doli incapax – incapable of crime.
11. Dormiuntlegesaliquando, nunquammoriuntur – the laws sometimes sleep, but never die.
12. Ex post facto – by reason of a subsequent act.
13. Habeas corpus – that you have the body.
14. Ignorantiafactiexcusat, ignorantia juris non excusat – ignorance of fact excuses, ignorance of law
does not excuse.
15. In delicto – at fault.
16. Injuria non excusatinjuriam – a wrong does not excuse a wrong.
17. Lex prospicit not respicit – the law looks forward, not backward.
18. Mala fide – in bad faith.
19. Mala in se – bad in themselves
20. Mala prohibita – crimes prohibited
21. Malo animo – with evil intent.
22. Mens rea – guilty state of mine
23. Nemo bis pinitur pro eodem delicto – no one can be twice punished for the same offence
24. Post mortem – after death
25. Prima facie – on the face of it
26. Voluntas in delictis non exituuspectatur – in offenses, the intent and not the result is looked at.

WEEK 14 - PRE-FINAL EXAMINATION

WEEK 15
 THE PHILIPPINE CRIMINOLOGY PROFESSION ACT OF 2018

 Republic Act No. 11131 entitled "The Philippine Criminology Profession Act of 2018

 Definition of Terms

 AIPO - refers to the one and only recognized and accredited integrated national organization
of criminologists, as endorsed by the Professional Regulatory Board subject to the approval
of the Professional Regulation Commission (PRC). For purposes of implementing RA No.
11131, AIPO shall be referred to as the Accredited Integrated Professional Organization
(AIPO) for the criminology profession.

 Certificate of Registration - refers to the document issued by the Commission, through the
Board, signifying that the person named therein is entitled to practice the criminology
profession with all the privileges appurtenant thereto.

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 Foreign Reciprocity - refers to Sections 14 (a) and 29 of this IRR which provide that only
nationals of foreign countries in which the requirements for the licensure examination and/or
registration and practice of criminology are substantially the same as those required and
contemplated by the Philippine laws and regulations, and which laws and regulations allow
Philippine citizens to practice criminology within the territory of such foreign countries on
the same basis and grant the same privileges as those enjoyed by their citizens, subjects or
nationals shall be allowed to take the Philippine Criminologists licensure examination and be
given CORs and PICs pursuant to R. A. No. 11131

 Registered criminologist - refers to a natural person who holds a valid Certificate of


Registration (COR) and an updated Professional Identification Card (PIC) as criminologist
issued by the Board and the Commission pursuant to RA No. 11131

 Tables of Specification (TOS) - refers to the list of outcomes-based competencies which


the licensure examination measures and assesses

 Temporary/Special Permit - refers to privilege granted to registered Criminologists from


other countries and for Filipinos in allied discipline as mentioned in Section 30 of this IRR
to be able to practice in the Philippines

 SCOPE OF PRACTICE

SECTION 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 (BJMP), 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 Marshals, 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 agencies of the government exercising similarly
related functions in the field of national security, public safety, and peace and order;

(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 on 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;

(c) As a technician, examiner/criminalist, or specialist in dactyloscopy, questioned document,


deoxyribonucleic acid (DNA), lie detection, firearms identification, forensic photography, forensic
chemistry, other scientific crime detection and investigation or forensic science; (d) As a correctional
administrator, executive, supervisor, or officer in any rehabilitation, correctional, and penal institution or
facility, and in any community based corrections, and rehabilitation agencies and/or programs; (e) As a
counselor, 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
and correction of persons deprived of liberty (PDL), police operation, law enforcement administration,
scientific criminal investigation or public safety and national security administration; and (f) As a private

20
investigator, administrator, consultant or agent, or detective in any private security and investigation agency
organized under the laws of the Philippines.

 QUALIFICATION OF AN APPLICANT FOR THE LICENSURE EXAMINATION

SECTION 14. Qualification 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 Republic 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 criminologist 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 programs as approved
by the PRB 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.

 SUBJECTS FOR LICENSURE EXAMINATION


1. Criminal Jurisprudence and Procedure - 20%
Introduction to Criminal Justice System
Human Rights Education
Criminal Law Book 1
Criminal Law Book 2
Criminal Procedure and Court Testimony
Evidence

2. Law Enforcement Administration - 15%


Law Enforcement Organization and Administration (Inter-Agency Approach)
Law Enforcement Operation and Planning with Crime Mapping
CFLM Leadership, Decision Making, Management and Administration
CLFM - 2 Character Formation, Nationalism and Patriotism
Comparative Models in Policing
Introduction to Industrial Security Concepts

3. Crime Detection and Investigation - 20%


Fundamentals of Criminal Investigation and Intelligence
Specialized Crime Investigation 1 with Legal Medicine
Specialized Crime Investigation 2 with Interrogation and Interview
Fire Protection and Arson Investigation
Traffic Management and Accident Investigation with Driving
Vice and Drug Education and Control
Technical English 1 (Legal Forms)
Technical English 2 (Investigative Report Writing)
Introduction to Cyber Crime and Environmental Laws

4. Criminalistics (Forensic Science) - 15%


Forensic Photography
Personal Identification Techniques
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Lie Detection Techniques
Forensic Ballistics
Questioned Documents
Forensic Chemistry and Toxicology

5. Correctional Administration - 10%


Institutional Corrections
Non-Institutional Corrections
Therapeutic Modalities

6. Criminology - 20%
Introduction to Criminology
Theories of Crime Causation
Dispute Resolution and Crisis/Incident Management
Juvenile Delinquency and Juvenile Justice
Human Behavior and Victimology
Criminological Research 1 and 2
Professional Conduct and Ethical Standards

WEEK 16

 PERSON TO TEACH SUBJECTS FOR LICENSURE EXAMINATION

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.

 RATINGS IN THE LICENSURE EXAMINATION

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.

 LAWFUL PRACTITIONERS 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;
and
2) Holders of valid temporary/special permits issued by the Board and the Commission to foreign
licensed criminologists pursuant to this Act.

b) Juridical persons:
1) Single proprietorship whose owner and technical staff are registered criminologists;

22
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.

 PRIVILEGES OF REGISTERED CRIMINOLOGISTS


SECTION 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;
14) 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.

WEEK 17

 PREFERENCE OF APPOINTMENT IN GOVERNMENT CRIMINAL JUSTICE AND OTHER


GOVERNMENT INSTITUTIONS
SECTION 35. Preference of Appointment in Government Criminal Justice and Other Government
Institutions. - Registered criminologists shall enjoy priority of appointment and shall not be required to take
any qualifying or entrance examinations in the PNP, the NBI, the BJMP, the BFP, the Land Transportation
Office (LTO) and other government positions related to criminology, police and law enforcement work,
investigations and security, corrections and public safety of the following bureaus, departments, institutions or
agencies of the government: the Department of Justice (DOJ); the Commission on Human Rights (CHR); the
Office of the Ombudsman; the Philippine Ports Authority (PPA); the Commission on Elections (COMELEC);
the Bureau of Treasury (BoT); the Philippine Amusement and Gaming Corporation (PAGCOR); the
Department of Environment and Natural Resources (DENR); the Department of Tourism (DOT); the
Department of Trade and Industry (DTI); the Armed Forces of the Philippines (AFP); the Bureau of

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Immigration (BI); the BoC; the Department of Transportation (DOTr); the Air Transportation Office (ATO);
the Civil Aviation Authority of the Philippines (CAAP); the BSP; the BIR; the CHED; the City/Municipal
Security Office; the Provincial Jail; the Provincial Security Office; the Metro Manila Development Authority
(MMDA); the Supreme Court and lower courts; the Security Consultation; the Social Security System; the
NAPOLCOM; the Autonomous Region in Muslim Mindanao (ARMM); the Optical Media Board; the
Intellectual Property Rights Office; the PDEA; the Public Attorney's Office (PAO); the PPC; government-
owned and -controlled corporations and other government agencies with positions involving the practice of
criminology.

 LATERAL ENTRY OF REGISTERED CRIMINOLOGISTS


SECTION 36. Lateral Entry of Registered Criminologists. - Registered criminologists who are not in the
government service shall be eligible and given preference for appointment via lateral entry as Police, Fire, and
Jail Inspectors or its equivalent in the PDEA, 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.

 PENAL CAUSE
SECTION 37. Penal Clause. - A fine of not less than one hundred thousand pesos (₱100,000.00) nor more
than five hundred thousand pesos (₱500,000.00), 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 temporary/special permit;
b) Attempting to use the seal, certificate of registration and professional identification card of a registered
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;
e) Impersonating a registered criminologist or a holder of a temporary/special permit; and
f) Violating any provision of this Act or the IRR thereof. Where the violator is a juridical person, the
Board of Directors and other responsible officers of the corporation shall be held liable.

WEEK 18 - FINAL EXAMINATION

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