Intro To Crim

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INTRO TO CRIM

Dean John Michael Dionisio, RCrim, MSCJ, PhD, CSP


CRIMINOLOGY – STUDY OF CRIME & CRIMINALS &
CRIMINAL BEHAVIOR (NARROW SENSE)

TECHNICAL DEFINITION – CRIMINOLOGY REFERS TO THE


STUDY OF CRIMES, CRIMINALS AND THE EFFORT OF THE
SOCIETY TO PREVENT AND REPRESS THEM

LEGAL DEFINITION – RA 11131 SEC 4, PAR. E (SEN. ANTONIO


TRILLANES IV) – CRIMINOLOGY REFERS TO THE
SCIENTIFIC STUDY OF CRIMES, CRIMINALS AND VICTIMS.
AND ALSO ON THE SOLUTION AND PREVENTION OF CRIME
CJS = VICTIM IS CONSIDERED AS THE FORGOTTEN
CHARACTER
BROAD SENSE (EDWIN SUTHERLAND)
- DEAN OF MODERN CRIMINOLOGY
- PIONEER OF AMERICAN CRIMINOLOGY
(father of American Modern Criminology)
- Coined the term White Collar Crime – crime
committed by members of the upper class
- author – Differential Association Theory
- Criminal behavior is not INHEREDITED
- Criminal behavior is LEARNED
Cesare Lombroso – father of modern criminology
- Physician (Doctor)
- idol: Charles Darwin (theory of evolution)
- theory: ATAVISM – state of incomplete evolution; presence
of atavistic stigmata (ape-like traits)
1. Dark skin 6. Large jaws
2. hairy body 7. Long arms
3. large eyes 8. twisted nose
4. large ears 9. skin wrinkles
5. large lips 10. sloping forehead
Note: at least 5 traits of atavism = BORN CRIMINAL
Note: Born Criminal = HEREDITARY
criminology – entire body of knowledge (science)
regarding crime (focal point) as a social phenomenon
(repetitive social event). It includes within its scope
(limits), the process of making laws, breaking of laws
and reaction towards the breaking of laws.

Laws = RPC, SPL (RA, PD, EO), ORDIDANCES


Crime = Felony, Offense & Infraction = why?
= theories
Punishment = redress for wrongful act
3 Branches of Criminology (SEP)

S – Sociology of Laws = nature and administration of


criminal law (ano ang laman ng batas at paano ito dapat
ipatupad)

E – Etiology of Crimes = origin, causes, reason for crime


(ibat ibang dahilan o paliwanag kung bakit may krimen) =
Criminal Etiology / Criminogenesis

P – Penology = penalty and rehabilitation and management


of inmates (Penal Science)
Origin of the word Criminology?

Latin = CRIMEN & Greek word = logos

Italian = CRIMINOLOGIA = Rafael


Garofalo

French = CRIMINOLOGIE = Paul Topinard


Criminology = study of crimes and criminals
vs
Criminal justice = study of various government agencies and
their function towards crime control and prevention

LE = PNP, PDEA, NBI, LTO, LTFRB, BIR, MMDA,


CUSTOMS, BFAR, PCG.
PROS = NPS, OMBUDSMAN, PAO, SOL.GEN.
COURT = SC, CA, SB, CTA, SHARI’A, RTC & MTCs
COR = BUCOR, BJMP, PROV. JAIL., BPP & PPA
COM = BRGY. (CHAIRMAN, SECRETARY, KAGAWAD,
TANOD, SK)
CRIMINOLOGIST = RCRIM

RA 6506 = OLD CRIMINOLOGY LAW


1. Graduate of BS CRIMINOLOGY
2. Passed CLE
3. Register + take oath

RA 11131 – new criminology law


1. Certificate of registration
2. Valid professional ID = 3 years (renewable)
Nature of Criminology
(characteristics)
S – Social science = study of people & society
Rcrim = social scientist
A – Applied Science = barrow knowledge; instrumentation /
forensic science
ex. F MEDICINE
F CHEMISTRY
F PHOTOGRAPHY
N = Nationalistic = study the laws of a certain country
(territoriality)
D = Dynamic = changing / adapting to changes
RPC book 2 (Jan 1, 1932)
= ex. Rape = sexual intercourse
= penis  vagina
(male) = (female)
1997 = RA 8353
= rape  Sexual Assault
1. penis(m)  anus (m/f)
2. Penis (m)  mouth (m/f)
3. object (m/f)  anus (m/f) / vagina (f)
Samuel Colt = Revolver (Single action)
= revolver (double action)
Pistol = single shot  semi automatic  fully
auto

Camera = film  SD CARD


Allied Science
1. Criminal Demography – relationship between
crime and population
2. Criminal Ecology = relationship between
crime and space
3. Criminal Epidemiology = relationship between
crime and environment
4. Criminal Physical Anthropology = relationship
between crime and physical appearance
5. Criminal psychology = crime is related to
human behavior and personality
ex. Mania = excessive desire (fire =
pyromania)
steal = kleptomania
ex. Phobia = excessive fear
ex. Psychopath = cold, brutal & no
conscience
6. Criminal psychiatry = crime and human
minds, emotional and mental state
7. Criminal politics = crime & government
strategies to crime control
ex. New Zealand / ice land = police officers
don’t have firearms
ex. USA = smooth firearms law
ex. Koban = community based patrol
8. Victimology = study of …
a. victim
b. role and participation of victim
c. programs for victim

Benjamin Mendelsohn & Von Hentig =


fathers of victimology / victimization theory
3 SCHOOLS OF THOUGHT
SCHOOL = “GROUP”
THOUGHT = IDEAS
SCHOOL OF THOUGHT = GROUP OF IDEAS
THAT SUPPPORT A THEORY

GOALS:
1. CAUSE OF CRIME?
2. PURPOSE OF PENALTY?
3. PREVETIVE MEASURE?
PRE-CLASSICAL SCHOOL = BEFORE
THE CLASSICAL
“DEMONOLOGICAL THEORY”
- Super natural theory
- Demonic possession
- Evil spirits
- Obsolete
- Discredited
1. Classical school = “classic” = old
*Cesare Bonesana Marchese di Beccaria
- father of classical criminology
*Jeremy Bentham

a. Cause of crime? Human freewill


- Freedom = think, weigh, choose, decide
Assumption: all criminals are RATIONAL
Purpose of penalty: retribution (vengeance)
“let the punishment FIT the crime”
Preventive strategy: fear  DETERRENCE
CLASSICAL = “FRED”
F – FREEWILL
RE – RETRIBUTION
D – DETERRENCE
Other names for classical:
1. JURISTIC THEORY
2. CHOICE THEORY
ASSUMPTION: ALL CRIMINALS HAVE FREEWILL
(FREEWILL IS ABSOLUTE – 100%) – LAHAT NG TAO
AY MAY NORMAL NA PAGIISIP)

2. NEO-CLASSICAL
neo = new / modified
*freewill is the cause of crime
*assumes that freewill is NOT absolute
*not all have freewill (insanity, imbecile & minors)

Effects: exemption & mitigation


Jeremy Bentham (PHUFP)
P – PANOPTICAN PRISON – cylindrical prison with a
central tower (iron & glass)
H – HEDONISM – people seek pleasure and avoid pain
U – UTILITARIANISM – greatest happiness for the greatest
number
EO 26 – no public smoking
F – FELICIF CALCULUS – imaginary formula in computing
pleasure and pain
P – PENAL PHARMACY – in terms of penalty, the pain must
be equal to the pleasure
MODERN OUTGROWTHS OF CLASSICAL
SCHOOL
1. DETERRENCE THEORY = crime prevention
= fear + pain
2 TYPES OF DETERRENCE
a. SPECIFIC DETERRENCE = fear  “doer”
- Prevention of recidivism
b. GENERAL DETERRENCE = fear  “viewer”
- Set an example / exemplarity
3 REQUISITES OF VALID DETERRENCE

1. C – CERTAINTY = SURENESS OF
PENALTY / NO ONE MUST ESCAPE
THE EFFECT
2. C – CELERITY = SWIFTNESS /
EXPEDITED
3. C – COMMENSURATE = the severity is
based on the gravity of the crime
2. ROUTINE ACTIVITIES THEORY (RAT)
- felson & cohen
- 3 elements of predatory crimes (predator & prey)

a. Presence of MOTIVATED OFFENDER = desire


b. Availability of SUITABLE TARGETS =
capability
c. Absence of CAPABLE GUARDIANS =
opportunity
Motivated offender = DETERRENCE thru
penalty
Suitable targets => INCAPACITATION –
imprisonment of criminals
Capable guardian = POLICE PRESENCE /
POLICE VISIBILITY
ALLIED SCIENCES OF CRIMINOLOGY
1. Criminal demography = crime is related to population
(direct)
2. Criminal ecology = crime is related to space (inverse)
3. Criminal epidemiology = crime & environment
4. Criminal physical anthropology = crime & physical
structure / appearance
ex. SOMATOLOGY = W. SHELDON
fat = endomorph = fraud & estafa
thin = ectomorph = theft and robbery
muscular = mesomorph = violence & rape
3. POSITIVIST / POSITIVISM / POSITIVE SCHOOL
- Italian school = GARO-FE-LO (H3)
- trait theory
- rejected FREEWILL
- pushed by scientific factors
- assume that CRIMINAL ARE SICK 
TREATMENT / REHAB / REFORM

AUGUST COMTE – father of sociological positivism


= “DETERMINISM”- everything including crime has
sufficient causes
4 types of determinism
1. BIOLOGICAL DETERMINSM = crime
is due to physical defects and heredity
2. PSYCHOLOGICAL DETERMINISM =
crime is due to mental disorders
3. SOCIOLOGICAL DETERMINISM =
caused by environmental factors
4. ECONOMIC DETERMINISM = caused
by financial insecurity and inequality
*Marco Ezechia “Cesare” Lombroso (BIOLOGICAL)
- father of modern and empirical criminology
- ATAVISM – state of incomplete evolution based on Charles
Darwin
- at least 5 traits of atavism = BORN CRIMINAL 
“hereditary”
4 Types of Criminals
a. Born Criminal = atavistic
b. Insane Criminal = mental disorder
c. Criminaloids = by passion (anger, jealousy, burst of
feeling) / “acute”
d. Pseudo-Criminal = due self defense
*Rafaelle Garofalo
- psychological factors
- “moral anomalies” – behavioral problems
that results to criminal behavior
4 Types
1. Murderers = motivated by revenge
2. Violent = due to dominance
3. Deficient = property crimes
4. Lascivious = sexual crimes & rape
*Enrico Ferri
= focused on SOCIOLOGICAL FACTORS
1. political factors = social classes (UC, MC
& LC)
2. economic factor = inequality
DIFFERENCES CLASSICAL NEO CLASSICAL POSITIVISM

FOUNDERS BECCARIA & NONE AUGUST COMTE


BENTHAM (GABRIEL TARDE) GARO-FE-LO
CAUSE OF CRIME FREEWILL FREEWILL SCIENCE

ASSUMPTION ABSOLUTE NOT ABSOLUTE ALL CRIMINALS


FREEWILL (ALL (INSANE AND ARE SICK
ARE RATIONAL) IMBECILE, MINOR
– NO FREEWILL)
PURPOSE OF RETRIBUTION EXEMPTION TREATMENT /
PENALTY MITIGATION REHAB / REFORM
Crimes and Criminals
Act or omission punishable by law
(general) prohibiting or commanding it?
a. Crime
b. Felony
c. Offense
d. Infraction
ACT = “GAWA” / PERFORMANCE  PROHIBITED BY LAW
don’t kill = homicide
don’t steal = theft
don’t hurt = physical injuries
don’t defame = libel / oral defamation
don’t cheat = adultery / concubinage

OMISSION = “HINDI NAGAWA” / failure to perform a legal


command
pay taxes = failure = tax evasion
issue O.R. = failure = internal revenue law
know treason = failed to report = misprision of treason
RA 10054 = MOTORCYCLE = wear helmet
RA 8750 = MV = wear seatbelt
2 types of laws
1. Laws that prohibits (“don’ts”)
= ACT
2. Laws that commands (DOs)
= OMISSION
Q – WHAT TYPE OF CRIME IS MURDER?
- part of the RPC
a. Crime
b. Felony
c. Offense
d. Infraction
Q – what type of Crime is curfew?
a. Crime
b. Felony
c. Infraction
d. Offense
RA 8749 – Clean air act
RA 10175 – Cyber Crime prevention Act
RPC = Rape thru sexual intercourse
RA 8353= Rape thru sexual assault
Typology of Crimes = Study of different types
and kinds or categories of Crime (pagaaral
ng ibat ibang anyo at uri ng krimen)
Dolo
- Intentional felonies
- otherwise known as deceit
- element of malice (mens rea)
3 Elements of DOLO (IFI)
I – intent F – freedom I – intelligence
Note: absence of 1 element of dolo = No Crime (Exemption)
Ex: Freedom + Intelligence + No intent = (Good faith)
Ex. Freedom + Intent + no intelligence = (insanity /
Imbecility)
Ex. Intent + Intelligence + No Freedom = (Duress) –
irresistible force and uncontrollable fear
Exception
*Freedom + Intelligence + No intent + negligence + lack of
skill + lack of foresight = CULPA  “FIN”
F – FREEDOM
I – INTELLIGENCE
N – NEGLIGENCE
A police officer is cleaning his FA when he accidentally
click the trigger causing to shoot his FA and hitting a
person in leg?

What crime was committed? RECKLESS IMPRUDENCE


RESULTING IN SERIOUS PHYSICAL INJURIES
Mala Inse vs Mala Prohibita
Mala Inse / Mallum Inse
- Naturally evil
- Morally wrong
-Usually violation of RPC

Mala Prohibita / Mallum Prohibitum


-Wrong due to an existing law
-Not morally wrong
-Mere inconvenience
-Violation of special penal laws (note: not all)
Write MI for mala inse or MP for Mala
Prohibita
1. RA 9262 – Anti VAWC = MI
2. RA 7610 – Anti Child Abuse = MI
3. RA 4136 – Land Transportation Code (ex.
No Driver’s License)= MP
4. PD 533 – Anti Cattle Rustling = MI
5. PD 96 – Anti Siren Law = MP
6. EO 26 – Anti Public Smoking = MP
HOW TO DETERMINE IF MI OR MP?
1. LOOK AT THE NATURE OF THE CRIME
a. is it morally or natural evil?
b. is it wrong because of the law?

2. LOOK FOR SIMILAR LAW TO RPC


a. if the SPL is unique = MP
b. if the SPL have similarity to RPC = MI

3. LOOK AT THE EFFECT OF ABOLITION


a. If the crime is now LEGAL = MP
b. if the crime is still ILLEGAL = MI
RA 10591 = illegal possession of firearms
= Prohibita
Simple Crime = one act = one crime
isang gawa = isang krimen
Ex. Suntok = physical injuries
hipo = acts of lasciviousness
shoot a firearm = killing = homicide
Complex Crime
1. Compound = one act resulting to 2 or
more grave or less grave felonies (isang gawa
nag resulta sa 2 or higit pang mga krimen)
School  threw a grenade
a. Murder
b. frustrated murder
c. malicious mischief
2. Complex Crime Proper
- one act is necessary to commit the other
act (isang gawa ay kinakailangan para
maisakatuparan ang isa pang gawa)

Ex. Fake land title = falsification


sold the land title = Estafa

Estafa thru falsification


3. Special Complex Crimes
- 2 crimes punished as a single felony

Rape + kill = Rape with Homicide


Steal + kill = Robbery with Homicide
Steal + rape = robbery with rape

COMPOUND = “AND”
COMPLEX CRIME PROPER = “THRU”
SPECIAL COMPLEX CRIME = “WITH”
QUASI OFFENSES = “RESULTING IN”
LIGHT FELONIES
= Arresto Menor (1 day to 30 days)

LESS GRAVE FELONIES


= Arresto Mayor to Prision Correccional

GRAVE FELONIES
= Prision Mayor up to Reclusion Perpetua
Death Penalty
Life Imprisonment
Reclusion Perpetua
Reclusion Temporal
Prision Mayor
Prision Correccional
Destierro
Arresto Mayor
Arresto Menor
Acquisitive = “Acquire” = material gain after the crime (ex.
Theft, robbery, estafa, gambling, prostitution, bribery)

Extinctive = “extinct” = destruction of life, injury or


destruction of property (ex. Malicious mischief; arson,
murder, homicide, infanticide, rape)

Instant = committed in a short period of time (ex. Libel, acts


of lasciviousness, physical injuries, slander by deed)

Episodic = committed in a lengthy space of time (ex.


Kidnapping, carnapping, rebellion, terrorism, serious illegal
detention)
Static Crime = committed only in ONE place
alone (ex. Rape, murder, theft)

Continuing Crime = committed in 2 or more


places; transitory crimes

Q – what is the purpose of determining


whether the crime is static or continuing?
A – JURISDICTION
Seasonal = committed in a certain part of the
year (ex. Tax evasion, gun ban, liquor ban,
fire crackers)

Situational = the condition and situation is


conducive to its commission (ex. Crowded =
theft, Christmas rush = estafa; mang inasal
Blue collar = ordinary person; lower class;
means of living (ex. Theft, prostitution)

White collar = “occupational crime” ; upper


class (ex. Money laundering, graft and
corruption , plunder etc)

Hate crime = “bias crime” = selective


victimization (ex: LGBT, Race, religion,
ethnicity, political ideology)
Victimless Crime
1. Crimes with no private offended party
2. crimes with no complaining victim
3. AKA – Public Order Crime

Q – in case of victimless crime, who shall be


the one to file the case?
A – State / People / Plaintiff
Serial Murder
- killing of large number of people overtime
- killing of large number of people in separate event
- with cooling off stage

Mass Murder – killing of large number of people in a


single violent outburst
- no cooling off

Spree Murder – continuous killing in different places


Criminal = If a person committed a crime (criminological
sense)
Criminal = if a person already went through every pillar of the
CJS (Criminal justice sense)
LE = Suspect
Pros = Respondent
Court = Accused
Correct = PDL
Com = Criminal  GOPI
Graduate of Penal Institution
Criminal = if a person committed a crime, charged for that
crime and declared guilty with finality (presumption of
innocence) (legal sense)
Types of Criminals (NAPOCENO)
1. Neurotic Criminals = intra psychic conflict / mental disorder
(irrational criminals / insane)
2. Acute Criminal = burst of feelings, jealousy, anger, passion, fits
of emotion.
3. Professional Criminals = highly skilled & source of income
4. Ordinary Criminals – no special skills (rugby boy, drug addicts)
5. Chronic Criminals – deliberate thinking (rational)
6. Expert Criminals – use of high level of technology
7. Normal Criminals – product of idolization and imitation (copy
cat crimes)
8. Organized Criminals – 3 or more person who committed a crime
with profit motivation
Sec 17, RA 11131 – Board
Rating
RCrim
Rule 1: General Weighted
Average of 75.0% or
above
Rule 2: No grade in any
subject less than 60%
(60 / 100) (ex. 59, 58, 56
…)
CLJ 72 X 0.20 = 14.4
LEA 84 X 0.15 = 12.6
FS 75X 0.15 = 11.25
CDI 82 X 0.20 = 16.4
CRIM 68 X 0.20 = 13.6
CA 91 X 0.10 = 9.1
GWA = 77.35%
REMARKS = PASSED
CLJ 92 X 0.20 = 18.4
LEA 89 X 0.15 = 13.35
FS 59 X 0.15 = 8.85  RETAKE
CDI 79 X 0.20 = 15.8 ONCE / 2YRS
CRIM 81 X 0.20 = 16.2 grade : 80/100
CA 87 X 0.10 = 8.7 + score 79 = failed
GWA = 81.2%
REMARKS = DEFFERED
CLJ 75 x 0.20 = 15
LEA 75 x 0.15 = 11.25
FS 75 x 0.15 = 11.25
CDI 75 x 0.20 = 15
CRIM 75 x 0.20 = 15
CA 75 x 0.10 = 7.5
GWA = 75%
Remarks = passed
CLJ 94 x 0.20 = 18.8
LEA 96 x 0.15 = 14.4
FS 73 x 0.15 = 10.95
CDI 71 x 0.20 = 14.2
CRIM 74 x 0.20 = 14.8
CA 96 x 0.10 = 9.6 +
GWA = 82.75%
remarks = FAILED
Rule 3: if an examinee got 3 subjects with below
75 score = failed
THANK YOU

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