Criminology
Criminology
Criminology
Nature of Criminology
CRIME
- An act or omission in violation of a criminal law forbidding
or commanding it in its legal point
- An anti-social act; an act that is injurious, detrimental or
harmful to the norms of the society; they are the
unacceptable acts in its social definition.
- Psychologically, it is an act, which is considered undesirable
due to behavioural maladjustment of the offender, acts that
are caused by maladaptive or abnormal behaviours.
It is also a generic term that refers to offense, felony, and
delinquency or misdemeanour.
Offense- an act or omission punishable by special laws like,
Republic acts, Presidential Decrees, Executive orders, etc.
Felony- is an act or omission that is punishable by the Revised
Penal Code, the criminal law of the Philippines
Misdemeanor/ delinquency- acts that are in violation of simple
rules and regulations usually referring to acts committed by
minor offenders.
Triad of Crime
Intent/ Motive
Opportunity
Instrumentality
Victimless crimes- refers to acts committed by consenting adults in
private. The acts involve only the participants and do not
directly harm others. (e.g. drug addiction, prostitution,
gambling)
Index crimes- are violent crimes. Criminal acts that involve threats
or actual physical harm to a victim by the offender. It presents
not only the that we recognize as violent like murder, rape,
robbery, or other acts involving force and intimidation but
also “violent crimes” that are commonly considered as “ social
problem” such as domestic violence, child abuse, elder abuse,
etc.
THE CRIMINAL
Based on Etiology
Acute criminal- one who violates a criminal law because of
the impulse or fit of passion. They commit passionate
crimes.
Chronic criminal- one who commits crime acted in
consonance of deliberated thinking. He plans the crime
ahead of time.
Based on activities
Professional criminals- are those who practice crime as a
profession for a living. Criminal Activity is constant in order
to earn skill and develop ability in their commission.
Accidental criminals- are those who commit crimes when
the situation is conducive to its commission.
Habitual Crimes- those who continue to commit crime
because of deficiency of intelligence and lack of self control
VICTIMOLOGY
It is the study of victims of crimes and contributory role, if any,
in crime causation. It is also the scientific process of gaining
substantial amounts of knowledge on offender characteristics by
studying the nature of victims.
PENOLOGY (CORRECTION)
It deals with the punishment of the offenders. Punishment is
justified by deterrence, retribution, atonement, societal
protection, and reformation of criminals.
Classical Positivist
Legal definition of crime No to legal definition
Punishment fit the crime Punishment fit the criminal
Doctrine of free will Doctrine of determinism
Death penalty allowed Abolition of death penalty
No imperical research Inductive method
Definite sentence Indeterminate sentence
Mid-twentieth Century
1. Ernest Kretschmer(1888-1964) The idea of SOMATOTYPING
was originated from the work of a German Psychiatrist, who
distinguished three principal types of body physique as
follows:
a. Asthenic- lean, slightly built, narrow shoulders
b. Athletic type- medium to tall, strong, muscular, course
bones.
c. Pyknic type- medium height, rounded figure, massive
neck, broad face
Kretschmer related these body physique to various
psychotic behavioural patterns: Pyknic to manic
depression, asthenic and athletics to schizophrenia.
2. William H. Sheldon (1898-1977)- He is an influenced of the
Somatotyping School of Criminology, which related built to
behavior. He became popular of his own SOMATOTYPING
THEORY. His key ideas are concentrated on the principle of
survival of the Fittest as a behavioural science. He combines
the biological and psychological explanation to understand
deviant behavior. Sheldon’s Somatotyping theory maintains
the belief of inheritance as the primary determinants of
behavior and the physique is a reliable indicator of personality.
Classification of Body Physique by Sheldon
a. Endomorphy- a type with relatively predominance of
soft, roundness throughout the regions of the body.. They
have low specific gravity. Persons with typically relaxed
and comfortable disposition.
b. Mesomorphy- athletic type, predominance of muscle,
bone and connective tissue, normally heavy, hard and
firm, sting and tough. They are people who are routinely
active and aggressive, and they are the most likely to
commit crimes.
c. Ectomorphy- thin physique, flat chest, delicacy
throughout the body, slender, poorly muscled. They tend
to look more fatigue and withdrawn.
The Prosecution
Forms of Bail
1. Corporate surety
2. Property bond
3. Cash deposit
4. Recognizance
Rights of an accused
1. To be presumed innocent until the contrary is proved
beyond reasonable doubt.
2. To be informed of the nature and cause of the accusation
against him
3. To be present and defend in person and by counsel at every
stage of the proceedings, from arraignment to the
promulgation of the judgement.
4. To testify s a witness in his own behalf but subject to cross
examination to matters covered by direct examination.
5. To be exempt from being compelled to be a witness against
himself.
6. To confront and cross-examine the witnesses against
himself at the trial.
7. To have compulsory process issued to secure the
attendance of witnesses and production of evidence in his
behalf.
8. To have speedy, impartial public trial
9. To appeal in cases allowed in the manner prescribed by law.
Correction
Justifications of Punishment
1. Retribution- redress through personal vengeance
2. Expiation/Atonement- condemnation of the whole group
against the offending member
3. Deterrence- punishment gives a lesson to the offender
4. Protection- society is protected
5. Reformation- society can be vest protected from crime if the
purpose of imprisonment is to reform or rehabilitate the
prisoner
Development of prisons
1. Auburn prison- a prison which the confinement of prisoners in
single cells at night and congregate work in shops during the
day.
2. Pennsylvania Prison- confinement of prisoners in their own
cells day and night.
The Reformatory Movement
1. Alexander Macanochie- Father of Parole system
-he introduced the Mark System, a system where prisoners are
required to earn a number of marks, for a ticket for leave
(considered as parole).
2. Walter Crofton- he introduced the Irish System, a system
where the prisoners go through the first stage as solitary
confinement for 9 months, the second stage was assignment
to public works, next was the release of prisoners without
custodial supervision and was exposed to ordinary temptation
of freedom , the final stage is the release of the prisoner under
supervision or conditions of parole.
3. Zebulon Brockway- the Director of Elmira Reformatory
considered as the forerunner of modern penology.
4. Sir Evelyn Ruggles Brise- the Director of the Borstal Institution
that is considered the best reform institution for young
offenders.
Correction in the Philippines
The correction is carried out by the Department of Justice
through Bureau of Corrections (created by virtue of Proclamation #
495, dated November 22, 1989) and Department of Bureau of Jail
Management and Penology (BJMP ) by virtue of RA 6975.
Correctional Institutions under the Bureau of Corrections
1. New Bilibid Prison (Muntinlupa City)
New Bilibid Prison- (Maximum Security Compound) houses
the Maximum Security Prisoners
Camp Sampaguita- (Medium Security Compound) houses the
Medium security prisoners
Camp Bukangliwayway- (Minimum Security Compound)
houses the Minimum security prisoners
2. San Ramon Prison and Penal Farm ( Zamboanga)
-Copra is the biggest source of income
3. Iwahig Penal Colony- best open institution in the world having
no walls
Sub-colonies
Sta Lucia
Inagawan
Montible
Central
It also has the Tagumpay settlement, a land area allotted
for released prisoners
4. Davao Penal Colony (Tagum City)
-Abaca is the biggest source of income (biggest in the country)
Sub-colonies
Panabo
Kapalong
5. Sablayan Penal Colony (Sablayan Occidental Mindoro)
-youngest and fastest growing colony
Rice is the biggest source of income
6. Correctional Institution for Women (Mandaluyong City)
7. Leyte Regional Prison
Jails
- A place of confinement for those awaiting final disposition
of criminal cases and those serving sentence of not more
than three years
Types of Jails
1. Lock-up- common in police stations
2. Ordinary jails- place of confinement for those awaiting trial or
court action
3. Workhouse, jail farm, or camp- for those serving short
sentence
Mittimus- a warrant issued by a court directing the jail authorities
to receive the convicted inmate for the service of sentence
imposed to them.
Provincial jails- under the supervision and administration of
Provincial government
Executive clemency- an act of grace extended by the President over
prisoners
Forms of executive Clemencies
1. Pardon- an act of grace of the President giving pardon ()
2. Parole- an executive clemency that is extended to inmates
after serving their minimum sentence.
3. Commutation- reducing of heavier penalty to a lighter penalty
4. Reprieve- it is the temporary stay of a penalty
5. Amnesty- a form of executive clemency that is extended to a
class or group of person who have committed political crimes
PD 968. Probation Law of the Philippines
Probation is a form of punishment where penalty is served not
inside jail or prison but in the community on conditions set forth by
the probation officer.
Criminalistics
-It is the science of criminal things- or those that are left by the
criminals in the crime scene which are significant in criminal
investiagtion.
Divisions of Criminalistics
1. Forensic Ballistics
2. Forensic Dactyloscopy
3. Forensic Photography
4. Forensic Medicine
5. Questioned Documents Examination
6. Polygraphy
Forensic Ballistics
Ballistics- the science of the motion of projectile
- The science of firearms arms identification which involves
the scientific examination of ballistics exhibit such as fired
bullet, fired shell, firearms used in crime.
Etymology
The term Ballistics is attributed to Ballista, a gigantic bow or
catapult used to hurl stones, or from Ballo or Ba’llein which means
to throw.
Branches of Ballistics
A. Interior/ Internal Ballistics- the science of the motion of
projectile while inside the barrel of a gun.
1. Ignition of the Primer
2. Flame is produced
3. Combustion of gunpowder
4. Energy is generated
5. Pressure develops
6. Velocity of the bullet
7. Rotation of the bullet
8. Engraving of the cylindrical surface of the bullet
B. Exterior/External Ballistics- the science of the motion of
projectile after it has left the muzzle of the gun
1. Muzzle blast- the noise created at the muzzle of the gun
2. Muzzle energy- energy generated at the gun muzzle
3. Trajectory- the actual curved path of the bullet during its
flight
4. Range- is the straight forward distance between the
muzzle of the gun and the target
5. Velocity- the rate of speed of the bullet per unit of time
6. Air resistance- the resistance encountered by the bullet
while in its flight
7. Pull of gravity-downward reaction of the bullet while in
flight
8. Penetration- depth of entry on the target.
C. Terminal Ballistics-the science that deals with the effects of
the impacts of the projectile on the target.
1. Terminal accuracy-size of bullet grouping in the target
2. Terminal Energy- energy of the projectile when it strikes
the target
3. Terminal penetration- depth of entry of the bullet in the
target
4. Terminal Velocity- speed of the bullet upon striking the
target
D. Forensic Ballistics- The branch of science that involves the
investigation and identification of firearms by means of the
ammunition fired through them.
E. Wound ballistics- the study on the effects of the projectile to
the body
F. Shot ballistics- study of the motion of the shots from shotguns
Firearm- ( Section 877 Revised Administrative Code; Section 290
National Internal Revenue Code) –includes rifles, muskets, carbines,
pistols, revolvers, and all other weapons from which a bullet, ball, a
shot, a shell or missile maybe discharged by means of gunpowder
or other explosives. The term also includes air rifles, except that are
in small caliber and usually used as toys. The barrel of any firearm is
considered a complete firearm.
Classification of Firearms
A. According to gun barrel internal construction
1. Rifled bore Firearms- with riflings
2. Smooth bore Firearms-without riflings
B. Main type of Firearms
1. Artillery- uses projectiles more than 1 inch in diameter
2. Small arms uses projectiles less than 1 inch in diameter
C. According to mechanical construction
1. Single shot Firearm
2. Repeating arms
3. Bolt Action Type
4. Automatic loading type
5. Slide action type
6. Lever action type
D. According to use
1. Military firearms
2. Pocket and home Defense
3. Target and outdoor men’ s Firearm
E. Miscellaneous Firearms
1. Home-made
2. Paltik
3. “Sumpak”
Ammunition- Section 877 Revised Administrative Code; Section 290
National Internal Revenue Code) a loaded shell for rifles, muskets,
carbines, shorguns, revolvers and pistols from which a ball, bullet,
shot, shell or other missiles may be fired by means of gunpowder or
other explosives.
Parts of a cartridge
1. Bullet- the projectile propelled through the barrel of a firearm
by means of expansive force of gases coming from burning
gunpowder
2. Cartridge case-the tubular metallic tube container for the
gunpowder.
3. Gunpowder- It is the propellant powder which when ignited by
the primer flash is converted to gas under high pressure and
propels the bullet or shot charge through the barrel and on
the target.
4. Primer- the metal cap containing highly sensitive priming
mixture of chemical compound, which when heat or struck by
the firing pin would ignite.
Classification of Ammunition according to Location of Primer
1. Pin fire cartridge- a pin ids hit by a hammer coming down
vertically from the side f the cartridge instead of penetrating
horizontally from its center.
2. Center fire cartridge- the priming mixture is located at the
center of the base.
3. Ringfire Cartridge- the primer is placed on a circular hollow
ring of the base of the cartridge
4. Rimfire Cartridge-the priming mixture is found on the cavity
along the rim of the cartridge
Classification of Cartridge according to Shapes
1. Straight case
2. Bottle-neck
3. Tapered case
Classification of Cartridge according to configuration of its Base
1. Rimmed
2. Semi-rimmed
3. Rimless
4. Rebated
5. Belted Case
Classification of bullet according Mechanical Constructions
1. Lead Bullet
2. Jacketed Bullet
Types of bullet according to shape
1. Pointed Bullet
2. Round nose bullet
3. Wad cutter bullet
4. Semi-wad cutter cbullet
5. Hollow point bullet
6. Boat tailed Bullet
Types of bullet according to Use
1. Ball bullet
2. Armor piercing Bullet
3. Tracer bullet
4. Incendiary bullet
5. Explosive bullets
Questioned Documents Examination
Document- is any material containing mark, signs, or symbols
either visible, partially visible that may presently or ultimately
convey a meaning to someone. It was derived from the word
document from Latin Word Documentum meaning lesson or
example or from French word docere meaning to teach.
Kinds of documents
1. Public document- notarized by a notary public with
solemnities required by law
2. Official document- issued by the government or its agent
having authority to do so
3. Private document- executed by a private person without the
intervention of a notary public or of any person legally
authorized, by which documents, some disposition or
agreement is proved, evidenced or set forth.
4. Commercial document- executed in accordance with the cde
of commerce aor any mercantile law containing disposition of
commercial rights or obligation.
Handwriting-it is the result of a very complicated series of acts,
being used as a whole, combination of certain forms of visible
mental and muscular habits acquired by long, continued and
painstaking effort. The ”visible speech”.
Kinds of Writing
1. Cursive or longhand
2. Script
3. Block
Signature- a name of a person written by him in a document as a
sign of acknowledgement.
Types of signature
1. Formal
2. Informal
3. Careless scribbles