MIDTERM HANDOUTS

CRIMINOLOGY 6: PROFESSIONAL CONDUCT AND ETHICAL STANDARD

Name: ___________________________________________________ Group: ______________________

RIGHTS AND DUTIES

Man is born with rights and duties and having rights is an attribute of a person. That is why we have Commission
on Human Rights that addresses violations of such rights.
We insist on our rights but ignore our duties. Duties however are more fundamental than rights.
The duty to do good and to avoid evil is above all rights.

Definition of right
Objectively - it is anything which is owed or due.
Subjectively - that is, as residing in a person, right is a moral power, bound to be respected by others, of doing,
possessing, or requiring something.

KINDS OF RIGHTS
1. Natural rights
2. Human rights
3. Civil rights
4. Ecclesiastical or religious rights
5. Alienable and inalienable Rights
6. Right of jurisdiction
7. Right of property
8. Juridical right
9. non-Juridical rights

Natural rights - are those based on the natural law, that is, on human nature.
Human rights - are those based on human positive laws, either those enacted by the State or a religious sect.
Civil rights - are those dependent upon the laws of the state.
Ecclesiastical or religious rights - are those dependent upon the laws of a church or a religious sect.
Alienable and Inalienable Rights - Alienable rights are those, civil or religious rights, which can be surrendered,
renounced, or removed, such as the right to decent livelihood.
Right of jurisdiction - is the power of lawful authority to govern his subjects and to make laws for them.
Right of property - is the power to own, to sell, to barter, to lend, to change, or give away one's personal
possessions.
Juridical right - refers to all rights insofar as they are based on laws. These rights must be respected, allowed,
fulfilled, as a matter of strict justice.
Non-Juridical rights - are those which are founded on laws, either natural or human, but on virtue. Thus, these
are also called moral rights.
 THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE III
BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person
be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable
searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of
the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in
violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right
of the people peaceably to assemble and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.
The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied
to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot
be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used
against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to
and rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may
be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus
is suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall
enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has
been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial,
or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall
have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the
use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished
by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for
the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

Definition of Duty

Objectively - it is anything we are obliged to do or to omit.

Subjectively- It is a moral obligation incumbent upon a person of doing, omitting, or avoiding something.

Duty is a moral obligation because it depends upon freewill. As such it resides on a person. Duty is defined by
law; any willful neglect of duty makes the person accountable for such act.

KINDS OF DUTIES
1. Natural duties
2. Positive duties
3. Affirmative duties
4. Negative duties

Natural duties - are those imposed by natural law such as, the duty to care for our health.
Positive duties - are those imposed by a human positive law such as the duty to pay taxes and to observe traffic
rules.
Affirmative duties - are those which require the performance of a certain act, such as casting a ballot during
election; applying for a business license.
Negative duties - are those which require the omission of a certain act such as not carrying illegal firearms, or
not destroying the property of other.

WHAT ARE VALUES?

Values is the term given to those ideas, behaviors, and actions that are important to us. Values are those things
worth fighting for and those things worth sacrificing for. They're what we hold most dear. Our values strongly
influence our decision making and help determine where we place our emphasis on our personal and
professional lives. Values form the basis for our understanding of ethics.

It comes from the Latin word "valere" which means "to be strong or to be worth".

Values ideals
1. Integrity
2. Honesty
3. Hard work
4. Kindness
5. Compassion
6. Empathy
7. Sympathy
8. Justice
9. Bravery

Integrity - the quality of being honest and having strong moral principles; moral uprightness.
Honesty - is when you speak the truth and act truthfully. A more complete definition of honesty shows that an
honest person doesn't do things that are morally wrong.
Hard work - a great deal of effort or endurance. Working intelligently and vigorously at a given task to complete
it with maximum efficiency.
Kindness - defined as the quality of being friendly, generous, and considerate. Affection, gentleness. warmth,
concern, and care are words that are associated with kindness.
Compassion - sympathetic pity and concern for the sufferings or misfortunes of others. Compassion motivates
people to go out of their way to help the physical, mental, or emotional pains of another and themselves.
Empathy - the ability to understand and share the feelings of another.
Sympathy - is a shared feeling, usually of sorrow, pity or compassion for another person. You show concern for
another person when you feel sympathy for them.... With empathy, you put yourself in another's shoes, often
feeling things more deeply than if you just felt sympathy.
The differences between the most commonly used meanings of these two terms is:
sympathy is feeling compassion, sorrow, or pity for the hardships that another person encounters. empathy is
putting yourself in the shoes of another, which is why actors often talk about it.
Justice is the morally fair and right state of everything. To have justice as a person's character trait means that
they are just and treat everyone the same, or how they would like to be treated.
Formal justice - is the impartial, consistent and strict application of established rules or laws; material justice
concerns the justice or injustice of the content of rules or laws.
Now formal justice can be defined as treating persons in accordance with their rights, where the question of
what a person's rights is.
Bravery - the quality or state of having or showing mental or moral strength to face danger, fear, or difficulty:
courageous behavior or character.

Types of values
1. ethical/moral values
2. doctrinal/ideological (political, religious) values
3. social values
4. aesthetic values

Ethical/moral values - A person who knows the difference between right and wrong and chooses right is moral.
A person whose morality is reflected in his willingness to do the right thing-even if it is hard or dangerous - is
ethical. Ethics are moral values in action.
Moral values are relative values that protect life and are respectful of the dual life value of self and others. The
great moral values, such as truth, freedom, charity, etc., have one thing in common

Doctrinal/ideological values
Doctrine (from Latin: doctrina, meaning "teaching", "instruction" or "doctrine") is a codification of beliefs or a
body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch
of knowledge or in a belief system.

Ideological - is an adjective that describes political, cultural, or religious beliefs. An ideology is a body of ideas,
and those who agree with the main idea of something take an ideological stand to support it.

Social values - are a set of moral principles defined by society dynamics, institutions, traditions and cultural
beliefs. These values are implicit guidelines that provide orientation to individuals and corporations to conduct
themselves properly within a social system.

Aesthetic values - Aesthetic value is the value that an object, event or state of affairs (most paradigmatically
an art work or the natural environment) possesses in virtue of its capacity to elicit pleasure (positive value) or
displeasure (negative value) when appreciated or experienced aesthetically.
KINDS OF VALUES
According to the level of human life to which they correspond.
1. Biological Values
2. Social Values
3. Rational Values

Biological Values - necessary to the physical survival of man as an organism

• Life and health
• Food and shelter
• Work

Social Values - necessary to the sensual needs and fulfillment

• Leisure and Sex • Parental Authority
• Marriage • Education
• Family and Home

Rational Values - necessary to the functions and fulfillment of intellect and will
• Understanding and Control of Nature 2. Guide and Control of Oneself
• Solidarity
• Parental Authority with Fellowmen
• Religion

MORAL VALUES - are those that directly pertain to the function of intellect and will: those choices, decisions,
and actions, by which man's national faculties are involved and perfected.

Characteristics of Moral Values

1. Moral Values are goods having intrinsic qualities of desirability
2. Moral Values are universal - they appeal to man as man and to man as a specific individual
3. Moral Values are obligatory - they come as natural duty, because possession of them is expected as an
integral quality to man as rational creature directed by natural powers towards truth, beauty and
goodness.

WHAT IS VIRTUE?

The ancient Romans used the Latin word virtus (derived from vir, their word for man) to refer to all of the
"excellent qualities of men, including physical strength, valorous conduct, and moral rectitude." The
French words vertu and virtu came from this Latin root. In the 13th century, the word virtue was «borrowed into
English».

Virtue (Latin: virtus) is moral excellence. A virtue is a trait or quality that is deemed to be morally good and thus
is valued as a foundation of principle and good moral being. Personal virtues are characteristics valued as
promoting collective and individual greatness.

Four moral virtues according to scholastic philosophy

1. Prudence - treats how you handle yourself
2. Justice - treats your interactions with other people
3. Fortitude/courage - treats your aversion
4. Temperance/moderation - treats your desire
Aristotle describes virtue as a habit, a tendency of character to act in accordance with practical reason toward
worthy ends.

I. Prudence It is characterized by "being careful about one's choices, not taking undue risks, and not saying
or doing things that might later be regretted." Prudence's roots date back to Aristotle's writings on practical
wisdom, in which he hails it as a crucial, linking virtue.

Prudence is described as an intellectual habit (virtue) enabling the person to deliberate properly in order
to choose the virtuous course, the right means of action in any here and now situation

II. Justice It is the concept of moral rightness based on ethics, rationality law, natural law, religion, fairness,
or equity, along with the punishment of the breach of said ethics
According to most theories of justice, it is overwhelmingly important: John Rawls claims that "Justice is
the first virtue of social institutions, as truth is of systems of thought." Justice can be thought of as distinct
from and more fundamental than benevolence, charity, mercy, generosity or compassion.

Variations of justice

1. Utilitarianism - It is a form of consequentialism, where punishment is forward-looking. Justified by the

ability to achieve future social benefits resulting in crime reduction, the moral worth of an action is
determined by its outcome.

2. Retributive Justice - It regulates proportionate response to crime proven by lawful evidence, so that
punishment is justly imposed and considered as morally correct and fully deserved. The law of retaliation
(lex talionis) is a military theory of retributive justice, which says that reciprocity should be equal to the
wrong suffered; "life for life, wound for wound, stripe for stripe."

3. Restorative Justice - It is concerned not so much with retribution and punishment as with (a) making the
victim whole and (b) reintegrating the offender into society. This approach frequently brings an offender
and a victim together, so that the offender can better understand the effect his/ her offense had on the
victim.

4. Distributive Justice - It is directed at the proper allocation of things-wealth, power, reward, respect - among
different people.

5. Oppressive Law - Exercises an authoritarian approach to legislation that is "totally unrelated to justice", a
tyrannical interpretation of law is one in which the population lives under restriction from unlawful
legislation.

III. Fortitude.
Enables a person to stand firm against and endure the hardships of life, to restrain fear, or to moderate
fear in the face of danger, all done in accordance with reason.

Fortitude is one of the four cardinal virtues. As such, it can be practiced by anyone, since, unlike the
theological virtues, the cardinal virtues are not, in themselves, the gifts of God through grace but the
outgrowth of habit.
St. Thomas Aquinas ranked fortitude as the third of the cardinal virtues, because it serves prudence and justice,
the higher virtues. Fortitude is the virtue that allows us to overcome fear and to remain steady in our will in the
face of obstacles Prudence and justice are the virtues through which we decide what needs to be done; fortitude
gives us the strength to do it

IV. Temperance. Sophrosyne in Greek is defined as "moderation in action thought, or feeling; restraint." It
is the habit of moderation in the use of pleasurable things.
It is considered one of the four cardinal virtues, for it is believed that no virtue could be sustained in the
face of inability to control oneself, if the virtue was opposed to some desire.

Other Values
1. Religious Values
2. Cultural Values
3. Social Values

Religious Values pertain to man's relationship with God, guiding and regulating his communion with Him.
Cultural Values pertain to man's relationship sharing with others in a given community of persons, shaping their
spiritual kinship, and directing their attention to definite ideals of behavior.
Social Values pertain to the relationship necessary in the promotion of human society as a whole, integrating
the motivation and interests of members towards the common objective or goal.

HIERARCHY OF VALUES
It refers to the order of values from the lowest to the highest in importance.
The goods pertaining to the soul, the intellect and will occupy the highest level of importance while the biological
values Occupy the lowest rank.

The Highest Value - GOD

Summum bonum is a Latin expression meaning the highest good, which was introduced by the Roman
philosopher Cicero, to correspond to the Idea of the Good in ancient Greek philosophy. The summum bonum is
generally thought of as being an end in itself, and at the same time containing all other goods.
The highest good is usually defined as the life of the righteous and/or the life led in communion with God and
according to God's precepts. In Kantianism, it was used to describe the ultimate importance, the singular and
overriding end which human beings ought to pursue.
He is the Summum Bonum, the ultimate and absolute good that will fulfill all human desires. God is the
ultimate end of human life. God is not only the Alpha and the Omega of the created universe; he is the preserver
of values.

The Benefits of Wisdom

Wisdom is a byproduct of knowing God.

When you know God, you have a less problematic life, and you are victorious when problems come.
Wisdom provides the tools to face disappointment in light of the wisdom of God's Word, which tells us He is
sovereign and has a plan and destiny for each of us.

Reference book: Professional Conduct and Ethical Standards

PCol Adelene Maghinay Florendo, PNP (Ret)
PSSgt Rizza Maghinay Florendo