INTRODUCTION TO CRIMINOLOGY

Criminology is the scientific study of criminals, criminal behavior and its causes. Criminologists
attempt to build theories that explain why crimes occur and test those theories by observing behavior.
Criminological theories help shape society’s response to crime both in terms of preventing criminal
behavior and responding to it after it occurs.

Development of Criminology

The discipline of criminology has evolved in three phases, beginning in the 18 th century. Although
crime and criminals have been around for as long as societies have existed, the systematic study of these
phenomena did not begin until the late 1700s. Prior to that time, most explanations of crime equated it
with sin – the violation of a sacred obligation.

The first phase involved when scholars first distinguished crime from sin, they made possible
explanations of criminal behavior that were not theological (religious). This, in turn, allowed for the
dispassionate, scientific study of why crime occurs. The development of this study is now known as the era
of classical criminology.

The second phase, which began in the 19 th century, is referred to as modern criminology. During
this era, criminology distinguished itself as a subspecialty within the emerging disciplines of psychology,
sociology, and economics. Scholars formed criminological societies and founded criminology journals.
Criminologists conducted empirical tests (observations or experiments) of their theories, rather than relying
solely on speculation, and consequently developed a wide range of theories.

The third phase, beginning in the second half of the 20 th century, may best be called independent
criminology. During this period, criminology began to assert its independence from the traditional
disciplines that spawned it. In Western Europe, the United States, and Canada, criminologists expanded
their professional associations and published an increasing number of journals. A number of universities
developed graduate programs in criminology. Criminological theories have become more multidisciplinary
(spanning various fields of study) because independent criminologists seek to understand crime itself rather
than study crime as one aspect of an overall sociological or psychological theory.

Principal Component of Criminology

In studying criminology, there are three important components namely:

1. Criminal Etiology

Criminal Etiology involved the application of scientific analysis of the causes of crime. An individual
perpetrating a crime had no single reason; hence, there is no single and only explanation of causes of
crimes. A different theory has evolved in studying the causes of crime such as Biological, Sociological and
Psychological Theories.

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2. Sociology of Law

Sociology of law entails the importance of law or the criminal law as a process of formal social
control. Criminal law seeks to protect the public from harm by inflicting punishment upon those who are
tempted to do harm. Thus, criminal law often strives to avoid harm by forbidding conduct that may lead to
harmful results.

3. Penology

Penology, the study of criminal punishment, is a sub-field of criminology. Criminologists theorize

about why people commit crimes and deviate from society’s norms of behavior. They also study how
society punishes criminals because different methods of punishment may cause people to alter their
behavior in different ways. Thus, criminologists devise theories that not only explain the causes of crime
but also address its prevention, control and treatment.

Today, one more are of concern in Criminology is crime detection and investigation. Criminologists
are also engaged in studying the criminal things. Forensic Science, sometimes referred to as Criminalistics,
is therefore covered in the broad field of criminology.

What is the distinction between Criminology and Criminalistics?

1. Criminology is a social science while Criminalistics is an applied science.

2. Criminology deals more on theories while Criminalistics use practical and technological theories.
3. Criminology is the study of criminal people while Criminalistics is the study of criminal things.

A Criminologist is distinct from a Criminalist. Who is a Criminalist?

A CRIMINALIST is a person who is trained in the application of instruments and methods essential
in detecting and investigating crimes.

Importance and Purposes of Studying Criminology

Studying crime is very important, not only to criminologists. Criminologists and non-criminologists
study crime because of various reasons. If we generalize these, they fall on any of these reasons:

1. Criminology can be a source of philosophy of life. The knowledge derived from studying crime is a good
foundation for an individual’s philosophy and lifestyle.
2. Criminology is a profession not only for social service but for legal practice as well.
3. People, study criminology because criminals are legitimate object of interest. They should be
understood in order to know how to control them.
4. Authorities should know a bit of criminology because crime is a very expensive problem of the society.
The value of property lost, medical expenses, insurances, moving costs, and intangible costs of pain and
suffering is too high as a result of victimization.

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Studying criminology is aimed towards the following:

1. The primary aim is to prevent the crime problem.

2. To understand crimes and criminals which is basic to knowing the actions to be done to prevent them.
3. To prepare for a career in law enforcement and scientific crime detection.
4. To develop an understanding of the constitutional guarantees and due process of law in the
administration of justice.
5. To foster a higher concept of citizenry and leadership together with an understanding of one moral and
legal responsibilities to his fellowmen, his community and the nation.

In reality, there are many and varied purpose of studying criminology. However, all these purposes
fall on either of the two (2) primary aims of studying criminology.

1. To understand crimes and criminals.

2. To prevent the occurrence of crime.

Nature and Scope of Criminology

In 1889, an anthropologist named Paul Topinard, introduces the term criminology in the English
language. He derived the word from the latin word krimen, which can be translated to offense.

According to Prof. Cirilo Tradio, Criminology is a body of knowledge regarding crime as a social
phenomenon. The scope of Criminology covers:

1. The making of laws

2. The breaking of laws
3. The reaction towards the breaking of laws

Criminology is the study of crime and its various aspects. According to Edwin Sutherland, it is the
science regarding crime and delinquency as a social phenomenon. This is a field that addresses the issue of
crime and criminal behavior and attempts to define explain and predict it.

Understanding crime is a complicated matter just like other social broad sciences. It requires
therefore a systematic and balanced knowledge in the examination of why crime exists. In this sense,
criminology is:

1. An Applied Science – anthropology, psychology, sociology and other natural sciences may be applied in
the study of the causes of crime while chemistry, medicine, physics, mathematics, etc. may be utilized
in crime detection.
2. A Social Science – in as much as crime is a creation of the society and that it exists in a society, its study
must be considered a part of social science.
3. Dynamic – Criminology changes as social condition changes. That means the progress of criminology is
concordant with the advancement of other sciences that has been applied to it.
4. Nationalistic – the study of crime must always conform to the existing criminal law of the land.

Criminology is a multidisciplinary study of crimes. This means that many disciplines are involved in
the collection of knowledge about criminal action, including, psychology, sociology, anthropology, biology,
neurology, political science and economics. But over the years, the study of crime has been dominated by:

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1. Sociology (Sociological Criminology). This is the study of crime focused on the group of people and
society as a whole. It is primarily based on the examination of the relationship of demographic and
group variables to crime. Variables such as socioeconomic status, interpersonal relationships, age,
race, gender, and cultural groups of people are probed in relation to the environmental factors that are
most conducive to criminal action, such as time, place, and circumstances surrounding the crime.
2. Psychology (Psychological Criminology). This is the science of behavior and mental processes of the
criminal. It is focused on the individual criminal behavior – how it is acquired, evoked, maintained and
modified.
3. Psychiatry (Psychiatric Criminology). This is the science that deals with the study of criminal behavior in
terms of motives and drives; better known today as forensic psychiatry.

CRIMINAL ETIOLOGY
What is Crime?

In the legal point of view, it refers to any violation or infraction of the existing policies, laws, rules
and regulations of the society.

Criminality is a serious problem. This may be explained by the following characteristics of crime:

1. It does not respect age, sex, culture, customs and tradition, race, and religion of the society.
2. Crime is a worldwide phenomenon.
3. It occurs in all the existing economic strata.
4. Its causes are multifarious.
5. It is difficult to eradicate.

People cannot avoid offending others. Some offensive actions are considered abnormal behavior
while some are classified as crime. What therefore is the requirement before an act is considered a crime?
The following is the “Differentiae” of crime:

1. An at maybe called crime if there is a certain external consequence or harm. Physical injury is the most
obvious external consequence of an offensive action.
2. The harm must be legally forbidden and prescribed by law.
3. There must be a conduct; that is, there must be an intentional or reckless action that results to harmful
consequence.
4. “Mens Rea” must be present.
5. There must be a fusion or concurrence of mens rea and conduct.
6. There must be a casual relationship between the legally forbidden harm and the voluntary misconduct.
7. There must be legally prescribed punishment of the misconduct.

Close Examination of Crime:

1. Before saying that a crime has been committed, you must have a “personal knowledge” of the its actual
commission or that you must have caught the offender “in flagrante delicto”.
2. An act can only be called as crime if there is a law that defines it, prohibit its commission, and provides
punishment for its commission.
3. In a criminal act, there should be malicious intent – a harmful consequence (oppressive outcome of an
act) is an inherent result.

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4. There should be a continuity of the criminal act before an offender is criminally charged.

What are the stages of a criminal act that defines the continuity of the action? (Article 6, Book I of
Republic Act Nr. 3815 – Revised Penal Code)

1. Attempted crime: A stage of crime wherein the offender starts the commission of a felony directly by
overt acts, and does not perform all the acts of execution which should produce the crime by reason of
some cause or accident other than his own spontaneous desistance. The elements of the criminal
offense were initially executed.
2. Frustrated Crime: A crime is 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. The elements of the criminal offense were all
executed but the main evil intent of the offender did not take place.

3. Consummated Crime: A crime is consummated when all the elements necessary for its execution and
accomplishment are present. The elements of the criminal act were all completely executed thus
producing the corpus delicti (body of the crime).

Relativity of Crime:

What are the changing concepts of crime and criminal laws?

1. Most of the existing laws define acts as crimes when some acts were not crimes a few years ago.
2. Laws differ from jurisdiction to another and so with acts, which are considered as crimes.
3. Interpretation and implementation of laws vary in terms of:

a. characteristics of crime c. status of offenders

b. age d. status of enforcers

General Classification of Crimes:

1. As to atrocity – severity of the criminal act or offense

a. grave offense
b. less grave offense
c. minor or light offense

2. As to intent

a. crime mala in se – acts which are evil in themselves

b. crime mala prohibita – acts which are prohibited because the law has defined it to be a crime.

3. As to Motive

a. economic crimes
b. sexual crimes
c. political crimes
d. miscellaneous crimes

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4. As to Statistical Purpose

a. crimes against property

b. crimes against persons
c. crimes against morals
d. crimes against public order
e. crime against security
f. crimes against chastity

5. As to Penalty

a. crimes punishable by afflictive penalties

b. crimes punishable by correctional penalties
c. crimes punishable by light penalties

Circumstances affecting criminal liability

1. Justifying circumstance – a condition that proves the fact that the act of a person is said to be in
accordance with law, so that such person is deemed not to have transgressed the law and is free from
both criminal and civil liability; no crime committed if the act is justified.
2. Exempting circumstance – non-imputability; ground from exemption from punishment because there is
an existing natural condition that makes the act voluntary, or negligent; basis of exemption from
punishment are:
- complete absence of intelligence, freedom of action, or intent
- absence of negligence on the part of the accused
3. Mitigating circumstance – a condition, if present in the commission of the crime, does not entirely free
the actor from criminal liability, but serves only to reduce the penalty based on:
-diminution of either freedom of action, intelligence, or intent
- the lesser perversity of the offender
4. Alternative circumstance – circumstance that mitigates or aggravates the crime depending on the
nature of the offense or the state of the person committing the crime.
5. Aggravating circumstance – circumstance that serve to increase the penalty without however exceeding
the maximum penalty of the law for the offense.

Criminological Classification of Crimes

Crimes are classified in order to focus a better understanding on their existence. Criminologists
consider the following as criminological classification of crimes.

1. Acquisitive Crime – when the offender acquires something as a consequence of his criminal act.
2. Extinctive Crime – when the result of the criminal act is destruction.
3. Seasonal Crime – committed only at a certain period of the year.
4. Situational Crime – committed only when given a situation conducive to its commission.
5. Episodal Crime – serial crime, committed by series of acts within a lengthy period of time.
6. Instant Crime – committed the shortest possible time.
7. Static Crime – committed only in one place.

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8. Continuing Crime – committed in several places.
9. Rational Crime – committed with intent; offender is in full possession of his mental faculties.
10. Irrational Crime – committed without intent; offender does not know the nature of his act.
11. White Collar Crime – committed by a person of responsibility in the course of his occupation.
12. Blue Collar Crime – committed by ordinary professional to maintain their livelihood.
13. Upper World Crime – committed by individuals belonging to the upper class of society.
14. Under World Crime – committed by members of the lower or under privilege class of society.
15. Crime by Imitation – “copy cat” crime, committed by mere duplication of what was done by others.
16. Crime by Passion – committed because of the fit of great emotion, such as anger
17. Occupational (service related) Crime – committed by rendering all service to satisfy the desire of
another.

Other classification of Crimes:

1. Traditional Crimes – crimes that are committed every now and then.
2. Crimes due to changing society (social change) – poverty crimes.
3. Emergency Crimes – crimes that are committed to take advantage of an abnormal situation, or the
nature of a social problem, or the vulnerability of a person or group of persons.

How are crimes committed based on the RPC?

Crimes are committed by means of:

1. Dolo – deceit
2. Culpa – fault (when wrongful act results from imprudence, negligence, lack of foresight, or lack of skill)

Is there such thing as VICTIMLESS CRIME?

YES. Victimless crime refers to acts committed by consenting adults in private. In victimless crimes,
the acts involve only the participants and do not directly harm others. Examples are: drug addiction,
prostitution and gambling.

What are INDEX CRIMES?

Index crimes are violent crimes. Criminal acts that involve threats or actual physical harm to a
victim by an offender. It presents not only offenses that we recognize as violent (murder, rape, robbery) or
other acts involving force and intimidation but also “violent crimes” that are commonly considered as
“social problems” such as domestic violence, child abuse, elder abuse, etc.

Who is a Criminal?

On the basis of the definition of crime, a criminal may be defined in three ways:

1. A Criminal is a person who has committed a crime and has been convicted of final judgment by a
competent court.
2. A Criminal is a person who violated a social norm or one who acted an anti-social act.
3. A Criminal is one who violated rules of conduct due to behavioral maladjustment.

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Classification of Criminals:

Based on Etiology

1. Acute Criminal – one who violates a criminal law by impulse or due to fit of passion.
2. Chronic Criminal – one who acted with deliberation or premeditation, one who plans the crime ahead of
time.

Based on Behavioral System:

1. Ordinary Criminal – considered as the lowest mammal in the criminal profession; he was forced by
opportunity pushed to commit crime.
2. Professional Criminal – one who is engaged in criminal activities with high degree of skill; he uses crime
to maintain a living

Based on Mental Attitude:

1. Active Criminal – one who commits crime due to aggressiveness

2. Passive Criminal – one who commits crime because they are forced by a reward or promise.
3. Socialized Delinquent – individual with defective socialization process or development thus he lacks
proper moral values or ethical standards.

Other Classification of Criminals:

1. Accidental Criminal – one who commits crime when the situation is conducive
2. Habitual Criminal – one who consciously developed the habit of committing crime due to lack of self-
control.

What is meant by Criminal Behavior?

Criminal behavior is an intentional behavior that violates the criminal law. Criminal behavior,
therefore, is beyond normal behavior since it is used to describe conducts or actions that do not belong to
the standard behavior of man.

General Approaches in the Study of Crimes

There are numerous theories that must be considered in studying the causes of crimes. There is a
need, therefore, to categorize or group these theories for the purpose of more systematic and simplified
discussion. The three general groups of criminological approaches are: subjective, objective and
contemporary approaches.

Subjective Approaches

Subjective approaches deal mainly on the biological explanation of crimes. Subjective explanations
are focused on identifying the forms of abnormalities that was experienced by criminals before, during and
after committing the crime. They are the following:

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1. Anthropological Approach – focused in studying the physical characteristics of offenders in the attempt
to discover physical differences between criminals and non-criminals. (Earnest Hooton’s theory)
2. Medical Approach – the application of medical examinations on offenders in order to explain the mental
and physical condition of the individual prior and after committing a crime. (Positivist Theory)
3. Biological Approach – the evaluation of genetics in explaining criminal behavior; under this approach,
heredity is the main factor that push people to commit crimes. (Positivist Theory)
4. Physiological Approach – focused on the study of the nature of human beings – how they satisfy their
physical needs; this approach explains that the cause of crimes is the deprivation of the physical body
from the basic needs of life. (Maslow’s Theory)

5. Psychological Approach – explains that development of criminal behavior (deviations of normal

behavior resulting to unpleasant emotions) is caused by deprivation from psychological needs of man.
(Theories of Freud and Maslow)
6. Psychiatric Approach – cause of the criminal behavior, according to this approach, is mental disease as
diagnosed by a trained authorized person. (Positivist Theory)
7. Psychoanalytical Approach – explanation of crime is based on the Freudian Theory – this theory states
that criminal behavior is caused by repression (suppression) of the basic drives. (Freud’s Theory)

Objective Approach

These approaches deal on the study of groups, social processes and institutions as factors that
influence the human behavior. They are primarily derived from social sciences.

1. Geographic Approach – topography, natural resources, geographical location, and climate are factors
that lead a person to commit crime. (Adolph Quetelet Theory)
2. Ecological Approach – the biotic grouping of men resulting to migration, competition, social
discrimination, division of labor, and social conflict are factors that cause crime. (Ezra Park’s Theory)
3. Economic Approach – financial insecurity and inadequacy of the necessities to support life are important
factors to criminality. (Robert King Merton’s Thoery)
4. Socio-Cultural Approach – causes of crimes can be traced from the effects of institutions, economics,
education, politics, and religion to the people. (Albert Cohen’s Theory)

Contemporary Approach

Criminologists today put emphasis on scientific explanation of crime and criminal behavior.
Contemporary approaches are focused on the psychoanalytical, psychiatric, and sociological explanations of
crime in an integrated theory. Integrated theory is an explanatory statement that combines ideas or
concepts from different sources.

THEORIES OF CRIME

Theory of crime Advocate/s Concept/s

- Individuals were thought to be possessed by good
Demonological Theory ____________ or evil spirits, which caused good or evil spirits

- Children and lunatics cannot calculate pain and

Neo-Classical Theory ____________ pleasure, therefore, must be exempted from
criminal liability.

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 - Utilitarian Hedonism which explains that a person
Classical Theory Cesare Beccaria and always acts in such a way as to seek pleasure and
Jeremy Bentham avoid pain. (Bentham)

- Men are rational being who has the freewill to

choose between good or evil. (Beccaria)

Positivists Theory Rafaele Garofalo, - Criminals are like sick people who requires
Enrico Ferri and Cesare rehabilitation rather than the imposition of
Lombroso punishment.

Anomie Theory Emile Durkheim - Crime is an important ingredient to all healthy

societies.

Psychoanalytical Theory Sigmund Freud Crime is a symbolic expression of one’s inner

tension which a person but fails to control.
Somatotyping Theory William Sheldon - Heredity is the primary determinant of one’s
behavior and
- body physique is a reliable indicator of one’s
personality.
Differential Edwin Sutherland - Criminal behavior is learned through social
Association Theory interaction in the process of communication.

Strain Theory Robert King Merton - It maintains that the failure of a man to achieve a
higher status of life caused them to commit
crimes in order for that status or goal to be
attained.

Cartographical School of Adolphe Quetelet - Crimes against person increase during summer
Criminology and crimes against property increase during
winter.

General Inferiority Earnest Hooton - Criminals are originally inferior and that crime is
Theory the result of the impact of the environment.

Evolution Theory Charles Darwin - Humans, like other animals, are parasites.
- Man is an organism having an animalistic behavior
that is dependent on other animals for survival.
Thus, man kills and steals to live.

Labeling Theory Frank Tannenbaum, - Behavior becomes criminal if it is labeled as such.

Edwin Lemert and
Howard Becker

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Differential Opportunity Lloyd Ohlin - It explains that society leads the lower class to
Theory want things and society does things to people.

Human Ecology Theory Robert Ezra Park - It maintains that crime is a function of social
change that occurs along with environmental
change.
- It maintains that isolation, segregation,
competition, conflict, social contract, interaction
and social hierarchy of people are the major
influences of criminal behavior and crimes.

Containment Theory Walter Reckless - This theory is a form of control, which suggests
that a series of both internal and external factors
contributes to criminal behavior.

Social Class Conflict and Karl Marx, Frederick - It claims that the ruling class in a capitalist society
Capitalism Theory Engel and William is responsible for the creation of criminal law and
Bonger their ideological bases in the interpretation and
enforcement of their laws.

Subculture Theory Albert Cohen - He claims that the lower class cannot socialize
effectively as the middle class in what is
considered appropriate middle class behavior.
Thus, the lower class gathers together to share
their common values forming a subculture that
rejects middle class values.

Neutralization Theory Gresham Sykes - It maintains that an individual will obey or disobey
societal rules depending upon his or her ability to
rationalize whether he is protected from hurt or
destruction.

VICTIMOLOGY

A. VICTIMOLOGY defined
Victimology is the study about victims of crime. It is a branch of criminology that deals purely on
the underlying factors of victimization and the contributory role of the victims in the commission of crimes.
Victimology, being the study of “crime targets”, showed that a person becomes a victim of crime
consciously (knowingly) and unconsciously (unknowingly). A person could become a victim due to his own
action or fault. He somehow contributes to the commission of crime because of his own making.
The effects of crime differ from one person to another. Crime can result to financial loss, property
damage, physical injury, and death. Less obvious but sometimes more devastating effects are the
psychological wounds after the crime, wounds that may never heal.

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 In an attempt to prevent victimization, individuals may move, restrict their daily activities, or
purchase expensive security measures. Billions of money and man-power are being extended by
governments to apprehend and punish offenders, yet we have only started recently to focus our attention
on the victims of crime.
Criminal victims could be key actors in the criminal justice process, but more often they are kept at
the discussion. The victim of crime often becomes the FORGOTTEN PERSON of the criminal justice system
while the criminal is the celebrity. Victims are only valued for their capacity to report crimes and to appear
in court as witnesses.

B. Typology of Criminal Victims

General Classes of Victims

(Based on the classification of Hans Von Hentig, an European lawyer)
1. The Young – the weak by virtue of age and immaturity
2. The Female – often less physically powerful and easily dominated by males.
3. The Old – the incapable of physical defense and the common object of confidence scheme.
4. The Mentally Defective – those that are unable to think clearly.
5. The Immigrant – those that are unsure of the rules of conduct in the surrounding society.
6. The Minorities – racial prejudice may lead to victimization or unequal treatment by the agency of
justice.

Psychological Types of Victims

1. The Depressed –submissive person by virtue of emotional condition
2. The Acquisitive or Greedy – person who wants more that what is sufficient makes a natural victim
of crime
3. The Wanton or Overly Sensual – person ruled by passion and thoughtlessly seeking pleasure
4. The Lonesome – person who eventually becomes a victim by virtue of wanting companionship or
affection
5. The Heartbroken – one who is emotionally disturbed by virtue of heartaches and pains
6. The Tormented – a victim who asked for it, often from his own family or friends

Other Types of Victims

Benjamin Mendelsohn, a European defense attorney, created his own classification of victim types.
This includes the following six categories:
1. The completely innocent victim – such a person is an ideal victim in popular perception. In this
category placed persons victimized while they were unconscious, and the child victims.
2. Victims with only minor guilt and those victimized due to ignorance.
3. The victim who is just as guilty as the offender, and the voluntary victim. Suicide cases are common
to this category.
4. The victim more guilty than the offender – this category was described as containing persons who
provoked the criminal or actively induced their own victimization.
5. The most guilty victim “who is guiilty alone” – an attacker killed by a would be victim in the act of
defending themselves were placed into this category.
6. The imaginary victim – those suffering from mental disorders, or those victims due to exterme
mental abnormalities.

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 Benjamin Mendelsohn is generally credited as the initiator of the word VICTIMOLOGY as well as
the concept of PENAL COUPLE. Penal couple is a term that describes the relationship between the victim
and the criminal. He also coined the term VICTIMAL to describe the victim counterpart of the criminal, and
the word VICTIMITY, which signified the opposite of criminality.

Another class of victim is the ‘LOSER’ or one who is initially the attacker but later, the situation is
reversed. An example could be the case of a mugger or a bully who ends up injured or a swindler becomes
swindled.

C. Dynamics of Victimization
There are a number of procedural models which can be applied to the study of the victimization
process for the purpose of understanding the experience the victims.

1. “Victims of Crime Model” (by Bard and Sangrey). According to this model, there are three stages involved
in any victimization:
a. Stage of Impact & Disorganization – stage during and immediately following the criminal event
b. Stage of Recoil – stage during which the victim formulates psychological defenses and deals
with conflicting emotions of guilt, anger, acceptance, and desire of revenge (said to last
three to eight months),
c. Reorganization Stage – stage during which the victim puts his or her life back to normal daily
living. Some victims, however may not successfully adopt the victimization experience and
a maladaptive reorganization stage may last for many years.

2. “Disaster Victim’s Model” – this model was developed to explain the coping behavior of victims of
natural disaster. According to this model, there are four stages of victimization:
a. Pre-impact - stage describe the victim’s condition prior to being victimized
b. Impact - the stage at which victimization occur
c. Post-impact - stage which entails the degree and duration of personal and social
disorganization following victimization
d. Behavioral outcome – stage that describes the victim’s adjustment to the victimization
experience

D. Factors of Victimization
1. Hedonism
2. Materialistic Culture
3. Sex Values
4. Decay of Discipline
5. Public Morality

E. Victimology & Damages

“If there is a complainant, there must be a defendant.” Thus, there could never be a victim if there
is no offender, except in what is known as victimless crimes.
The only thing that does away with criminality is decriminalization. This is otherwise known as
LOGOMACY. Logomacy is a statement that we have no crime if we had no criminal law, and that we could
eliminate all crime by abolishing all criminal laws.
Man has a juridical capacity and capacity to act. He is normally entitled to the following civil
damages.

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 1. Moral Damages – the compensation awarded to a person’s physical suffering, mental anguish,
fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social
humiliation, and similar injury
2. Actual or Compensatory Damages – the compensation awarded to a person for such pecuniary loss
suffered by him as he has duly proved
3. Nominal Damages – amount awarded to a victim in order that his right that had been violated or
invaded maybe restored or recognized
4. Temperate Damages – moderate damages; the compensation that is more than nominal but less
than compensatory damages given to a person when the court finds that he has suffered some
pecuniary loss, but its amount cannot, from the nature of the case, be proved with certainty
5. Liquidated Damages – damages that agreed upon by the parties to a contract to be paid in case of
BREACH OF CONTRACT
6. Exemplary Damages – corrective damages; those that imposed by way of example or correction for
the public good, in addition to the moral, temperate, liquidated or compensatory damages

PHILIPPINE CRIMINAL JUSTICE SYSTEM

I. INTRODUCTION:
In every country, the rising criminality and juvenile delinquency is one of their priorities because it
hampers their socio-economic advancement. Tradio, in his book, Criminal Justice System, stated:

“In any form of government, the yardstick of economic efficiency is the presence of peace
and order in the community and tranquility among the members of society. For without
peace and order, there can be no economic stability in the country.” 1
In a democratic society like ours, the anti-crime machinery for the prevention and control of crime
and juvenile delinquency is the Criminal Justice System. This Criminal Justice System (CJS) is wielded in an
arena whose boundaries and “rules of warfare” are delineated and prescribed by legal parameters. Being
part of the CJS and bound by said legal parameters, it is equally imperative for us to explore and familiarize
ourselves with its structure or set-up.

II. CONCEPT OF THE CRIMINAL JUSTICE SYSTEM

A. Criminal - one who has committed an offense punishable by law; implying crime or heinous wickedness. 2
A person can be branded as criminal under the following circumstances:
1. He must have committed a crime.
2. He must have been apprehended and investigated by the police.
3. By virtue of sufficient physical evidence and testimonies of witnesses, he must have been arrested.
4. Due to the presence of prima facie evidence, the case was remanded to the court by the prosecutor
for trial.
5. There was arraignment.
6. There was trial.
7. The offender was found guilty.
8. A sentence was rendered by the court.
9. The convict was confined in prison.
10. The convict has fully served his sentence in prison.

B. Justice - adherence to truth or fact; impartiality; the rendering of what is due or merited. 3

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  it consists of ordering human relations in accordance with general principles impartially applied
(Ginsberg).
 it is accomplished by justice agents (police) who are flexible. Therefore, not everyone is treated
alike, and what is just depends upon the circumstances of an act.

C. System - orderly combination or arrangement, as of parts or elements, into a whole; specifically, such
combination according to some rational principle; any methodical arrangement of parts. 4

III. COMPONENTS OF THE CJS AND THEIR FUNCTIONS

A. LAW ENFORCEMENT
KINDS OF POLICEMEN
1. TRADITIONAL POLICEMAN = a policeman walking in uniform performing patrol work, walking
constantly and alertly, observing persons and things to accomplish crime prevention mission.
a. The best public servants who serve the public instead of dominating them.
b. The years of receptive policing, when the public received and welcomed the presence of the
police assigned in their neighborhood to maintain order and security, instead of imposing purely
law enforcement action.
c. The years when every policeman was a good, friendly, trustworthy officer of the law.
d. The years when only few rotten mangoes can be found in a basket.
e. The idealist, ideal, a lover of wisdom, who gives meaning to his duty in terms of truth, goodness
and beauty.

2. CONTEMPORARY POLICEMAN = the materialistic, arrogant, college educated agent of person in

authority whose insight of public service is for the public to serve him as his source of extra income.
THE POLICE USE OF DISCRETION - Police officers are decision makers and most of their decisions are based
on discretion.

DISCRETION - It is the wise use of one's judgment, personal experience and common sense to decide a
particular situation. Apparently, the police exercise of discretion is unregulated as U.S. Chief Justice
Warren and Burger put it -

"No law book, no judge, no lawyer can readily tell how the policeman on beat
should appropriately and courteously exercise the same in this various day to day activities,
whatever they do, it is their own responsibility."

Abuse of discretion resulting to injury to persons or damage to property is punishable. So the police
must be guided by some basic concepts such as COMMON SENSE, PERSONAL EXPERIENCE and SOUND
JUDGMENT.
B. PROSECUTION
1. Serving as the lawyer of the State/government in criminal cases, the prosecutor is automatically
considered an officer of the court; at the same time, he is formally a member of the Department of
Justice, under the Executive branch of the Government, and thus independent from the judiciary.

2. The prosecution service is made up of Provincial and City Public Prosecutors under the National
Prosecution Service (NPS). They perform to types of prosecutorial powers; investigatory and
prosecutory such as they:
 Evaluate the police findings referred to them, or other complaints filed directly with them by
individual persons (e.g. government officers in charge of enforcement of law violated);

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  File corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper courts on the basis
of their evaluation of the proofs at hand; and
 Prosecute the alleged offenders in court, in the name of the People of the Philippines.
C. THE COURT - It is situated between the Prosecution and Correction. The court is the centerpiece of the
five pillars, as such; it performs perhaps the most important role in the administration of justice
because it is the court that everyone turns to for justice. It is impossible for applying the criminal
law against the defendants who commit crimes, but at the same time protecting the same
violations from the violation of their rights by criminal justice agents.

D. CORRECTIONS - It is defined as the branch of administration of criminal justice charged with the
custody, supervision and rehabilitation of offenders. This pillar is responsible for the following thru
institutional or community-based programs:
1. MAINTAINING institutions such as prisons, jails, halfway houses, and others;
2. PROTECTING law abiding members of society by keeping sentenced offenders from preying on
society (ISOLATION);
3. REFORMING offenders by rehabilitating and reassimilating them into the mainstream of society and
helping them lead a normal life after release;
4. DETERRING crimes - experience in prison (jail) and fear of denial of liberty will influence inmates
and potential offenders to lead law-abiding lives; and
5. REINTEGRATION of the offender to the community.

E. COMMUNITY - The community in this context refers to the elements that are mobilized and energized
to help the authorities in effectively addressing the law and order concerns of the citizenry. Among
this elements are:
1. Peace and Order Councils - National, Regional, Provincial and City/Municipal Levels;
2. The Katarungang Pambarangay;
3. The People’s Law Enforcement Board (PLEB);
4. Government Agencies - NEDA, DSWD, PPSC, PIA, DDB, etc; and
5. NGOs and other Civic Organizations.

JUVENILE DELINQUENCY

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 BASIC CONCEPTS OF JUVENILE DELINQUENCY

Child
A person who is below eighteen (18) years of age.

Filipino Child (PD 603)

A minor or a youth; any person below 18 years old, a boy or a girl at any age between infancy and
adolescence; however, the law includes infants and even unborn children.
A person who is below 18 years old or those over but unable to fully take care of themselves from
abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or
condition.

Dependent Child
A person who is without a parent, guardian or custodian, or whose parents, guardian or custodian
for good cause desires to be relieved of his care and custody, and is dependent upon the public for
support.

Abandoned Child

A person who has no proper parental care or guardianship, or whose parents or guardian has
deserted him for a period of at least six continuous months.

Neglected Child
A person whose basic needs have been deliberately unattended to or inadequately attended to,
physically or emotionally, by his parents or guardians.

Physical Neglect
It occurs when the child is malnourished, ill clad and without proper shelter.

Emotional Neglect
It occurs when a child is raped, seduced, maltreated, exploited, overworked or made to work under
streets or public places, or when placed in moral danger, or exposed to drugs, alcohol, gambling,
prostitution and other vices.

Disabled Child
It includes mentally retarded, physically handicapped, emotionally disturbed and mentally ill
children, children with cerebral palsy and those inflicted with similar afflictions.

Mentally Retarded Child

A person who is (a) socially incompetent, that is, socially inadequate, occupationally incompetent
and unable to manage his own affairs; (b) mentally subnormal; (c) intellectually retarded from birth
or early age; (d) retarded at maturity; (5) mentally deficient as a result of constitutional origin
through heredity or diseases or (6) essentially incurable.

Physically Handicapped Child

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 A person who is crippled, deaf-mute, or otherwise, suffers from a defect which restricts his means
of action or communication with others.

Emotionally Disturbed Child

A person who, although not afflicted with insanity or mental defect, is unable to maintain normal
social relations with others and the community in general due to emotional problems or complexes.

Mentally Ill Child

A person who have behavioral disorder, whether functional or organic, which is of such a degree of
severity as to require professional help or hospitalization.

Commitment or Surrender of a Child

It is the legal act of entrusting a child to the care of the Department or any duly licensed child
placement or child caring agency or individual by the court, parent or guardian.

Involuntarily Committed Child

A person whose parents, have been permanently and judicially deprived of parental authority due
to abandonment; substantial, continuous or repeated neglect; abuse or incompetence to discharge
parental responsibility.

Voluntarily Committed Child

A person whose parents’ knowingly and unwillingly relinquished parental authority to the
Department or any duly licensed child-placement or child-caring agency or individual.

Child-placing or Child-Placement Agency

It refers to a private non-profit institution or government agency duly licensed and accredited by
the Department to provide comprehensive child welfare services, including but not limited to
receiving application for adoption or foster care, evaluating the prospective adoptive or foster
parents and preparing the home study report.

Child-Caring Agency
It refers to a private non-profit institution or government agency duly licensed and accredited by
the Department that provides twenty-four hour residential care services for abandoned, orphaned,
neglected, involuntarily or voluntarily committed children.

Guardian Ad Litem
A person appointed by the court where the case is pending for a child sought to be committed to
protect his best interests.

Child in Conflict with the Law

A person who at the time of the commission of the offense is below eighteen (18) years of age but
not less than nine (9) years of age.

Age of Criminal Responsibility

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 It is the age when a child who is above fifteen (15) but below eighteen (18) years of age commits an
offense with discernment.

Discernment
It refers to the mental capacity to understand the difference between right and wrong and its
consequences.

Restorative Justice
It is the principle that requires a process of resolving conflicts with the maximum involvement of
the victim, the offender and the community.

Youth Detention Center

It refers to a government-owned or operated agency providing rehabilitative facilities where the
child in conflict with the law maybe physically restricted pending court disposition of the charge
against him.

Juvenile
He is a child or a young person, who under the legal system maybe dealt with for an offense in a
manner different from that of an adult.
These are young people regarded as immature or one whose mental as well as emotional faculties
are not fully developed, thus, making them incapable of taking full responsibility of their actions.
He is a person subject to juvenile court proceedings because a statutorily define event or condition
caused by or affecting that person was alleged to have occurred while his or her age was below the
statutorily specified age limit or original description of juvenile court.

Delinquency

Delinquency refers to the failure to perform an act required by law, or the non-performance of a
duty or obligation that is mandated by existing law or rule.
Delinquency refers to any action; course or conduct that deviate from acts approved by the
majority of people. It is a description of acts that do not conform to the accepted rules, norms and
mores of the society.
It refers to any misconduct or misbehavior that is tantamount to a felony or an offense.
Delinquency is distinct from crime in the sense that the former maybe in the form of violation of a
law, ordinance, or rule but it is punishable only by a small fine or a short-term imprisonment or
both.

Juvenile Delinquency
It is used to describe a large number of disapproved behaviors of children or youths. In this sense,
anything that the youth does which other do not like is called Juvenile Delinquency.
It refers to any action or conduct of children or youth that are not conventional or not normally
accepted by the people.
It is likewise refers to any misbehavior or deviant behavior committed by children such as those
minor offenses or misdemeanors, or those acts defined by juvenile codes or laws.
Children’s offenses typically include delinquent acts which would be considered as an offense if
committed by adults.

Juvenile Delinquents

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 It maybe grouped in three ways:
a. children aging below 7 years
b. children aging from 7 to 12 years – juveniles who have doli incapax (not capable of having
criminal intent)
c. Youths aging above 12 but below 18 years old.

Youthful Offender
It refers to a child, minor or youth including one who is emancipated in accordance with law, who is
over nine (9) years but under 18 years old of age at the time the commission of an offense.
“A child nine (9) years of age or under at the time of the commission of an offense shall be
exempted from criminal liability and shall be committed to the care of his or her parents, or nearest
relative or family friend in the discretion of the court and subject to its supervision. The same shall
be done for a child over the offense, unless he acted with discernments, in which case shall be
proceeded against in accordance with Article 192 of Presidential Decree Nr. 603 (The Child and
Youth Welfare Code of the Philippines).

Status Offenses
These are certain acts or omission which may not be punishable if committed by adults, but
become illegal only because the person is under age and the act was committed primarily by
children, minors, juveniles, youthful offenders or other person in need of supervision or assistance.
Examples:
- sexual misconduct or immoral conduct
- use of profane language
- running away from home
- smoking, drinking, or use of prohibited substances
- disobedience to parents or school officials
- association with criminals or delinquent friends
- repeated disregard for misuse of lawful parental authority

Parens Patriae

It simply states that the state had the right to benevolently intervene in the care and custody of the
child. Simply, the state shall become the parents of the child.

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 CORRECTION

Is a concept which describes both a wide range of diversified programs, agencies, and institutions
and an equally broad range of philosophical goals, ideals, and theory about the nature of human’s society,
crime, and the criminal offender.

a branch of the administration of criminal justice charged with the responsibility for the custody,
supervision and rehabilitation of the convicted offender.

- is a branch of the criminal justice system concerned with the custody, supervision and rehabilitation of
criminal offenders. It is the field of criminal justice administration, which utilizes the body of knowledge
and practices of the government and the society in general involving the processes of handling individuals
who have been convicted of offenses for purposes of crime prevention and control.

CORRECTIONAL ADMINISTRATION
Study of practice of a systematic management
Concerned with the custody, treatment, and rehabilitation of criminal offenders.

CORRECTION AND THE CRIMINAL JUSTICE SYSTEM

Criminal justice system is the machinery of any government in the control and prevention of crimes and
criminality.

Composed of the pillars of justice such as:

Law enforcement
Prosecution
Court
Correction
Community
Correction is the weakest pillar and fourth pillar.
Said to be as a weakest pillar because of its failure to deter individuals in committing crimes as well as the
reformation of inmates.

PENOLOGY- Is the study of punishment for crime or criminal offenders. It includes the study of control and
prevention of crime through punishment of criminal offenders. The term is derived from the Latin word,
“POENA”, which means pain or suffering.
it is otherwise known as Penal Science.

Can also be defined as the division of criminology that deals with prison management and the treatment of
offenders, and concerned itself with the philosophy and practice of society in its effort to repress criminal
activities.

PENAL MANAGEMENT- is the manner or practice of managing or controlling places of confinement as in

jails or prisons.

BABYLONIAN AND SUMERIAN CODES

1. CODE OF KING HAMMURABI (LEX TALIONES) – LAW OF RETALIATION
About 1750 B.C., credited as the oldest code prescribing savage punishment.
But in fact, ancient Sumerian codes were nearly one hundred years older.

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Manarama Dharma Astra of India, the Hermes Trismegitus of Egypt and the Mosaic Code.

2. ROMAN AND GREEK CODES

A. JUSTINIAN CODE
6th Century A.D., Emperor Justinian I of Rome wrote his code of law in A.D. 529.
Evolved from the Law of the Twelve Tables, the earliest code of Roman Law. (exists over a 1000 years.)
This was an effort to match a desirable amount of punishment to all possible crimes
However, the law did not survive due to the fall of the Roman Empire but left a foundation of western legal
codes.

B. GREEK CODE OF DRACO- In Greece, the Code of Draco, a harsh code that provides the same punishment
for both citizens and slaves as it incorporates primitive concepts (vengeance, blood feuds). They were the
first society to allow citizen to prosecute the offender in the name of the injured party.

3. THE BURGUNDIAN CODE (500 A.D.)

The code which specified punishment according to the social class of offenders.
Dividing them into: nobles, middle class and lower class.
Specifying the value of the life of each person according to social status.

COMPENSATION OF A WRONG ACT

RETALIATION (PERSONAL VENGEANCE)
The earliest remedy for a wrong act to anyone (in the primitive society)
The concept of personal revenge by the victim’s family or tribe against the family or tribe of the offender.
Hence “blood feuds” was accepted in the early primitive societies.

FINES AND PUNISHMENT

Customs have exerted effort and great force among primitive societies.
The acceptance of vengeance in the form of payment (cattle, food, personal services, etc) became
accepted as dictated by tribal traditions.

PUNISHMENT
Is the redress that the state takes against an offending number of society that usually involves pain and
suffering.
Also the penalty imposed on an offender for a crime wrongdoing.

ANCIENT FORMS OF PUNISHMENT

DEATH PENALTY/CORPORAL PUNISHMENT
Affected by burning, beheading, hanging, garroting, breaking at the wheels, , crucifying, strangling and
other forms of medieval executions. Poisoning, which was emerged as an elitist form of capital punishment.
SOCRATES, remains one of the most famous figures to be executed in this manner.

PHYSICAL TORTURE
Maiming, mutilation, whipping and other inhumane or barbaric forms of inflicting pain, pillory /gibbeting
(public scorn),

SOCIAL DEGRADATION
Putting the offender into shame or humiliation.

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BANISHMENT OR EXILE - OSTRACISM
Sending or putting away of an offender which was carried out either by prohibition against coming into a
specified territory.
For over ten years the person will be exiled and this is derived from the vote of citizens.

EARLY FORMS OF PRISON DISCIPLINE

HARD LABOR
Productive works

DEPRIVATION
Deprivation of everything except the essentials of existence

MONOTONY
Giving the same food that is “off” diet, or requiring the prisoners to perform drab or boring daily routine.

UNIFORMITY
“we treat the prisoners alike”, the fault of one is the fault of all

MASS MOVEMENT
Mass living in cellblocks, mass eating, mass recreation, mass bathing.

DEGRADATION
Uttering insulting words or language on the part of prison staff for the prisoners to degrade or break the
confidence of prisoners.

CORPORAL PUNISHMENT
Imposing brutal punishment or employing physical for to intimidate a delinquent inmate.

ISOLATION OR SOLITARY CONFINEMENT

Non-communication, limited news “The lone wolf”
5th and 11th CENTURY- the century of dark ages
- excessive and brutal measures of social control imposed by the church.
13TH CENTURY – SECURING SANCTUARY
A criminal could avoid punishment by claiming refugee in a church for a period of 90 days
At the end of which time has compelled to leave the realm by a road or path assigned to him.
In England at about 1468, torture as a form of punishment became prevalent.
16th and 17th CENTURY – the conceptualization of constructions of workhouse and house of corrections.
16TH CENTURY
Transportation of criminals in England was authorized during the 16 th century.
At the end of century, Russia and other European countries followed this system.
It partially relieved overcrowding of prisoners.
Transportation was abandoned in 1835.
17TH CENTURY TO LATE 18TH CENTURY
Death penalty became prevalent as a form of punishment
Goals or jails were common
Galleys were also used
These galleys are long, low, narrow, single decked ships propelled by sails, usually vowed by criminals.

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Hulks – decrepit transport, former warships used to house prisoners in the 18 th and 19th century. “the
floating hell”, “the hell hole”
These were abandoned warships converted into prison as means of relieving congestions of prisoners.
They were also called “floating hells.”

THE AGE OF ENLIGHTENMENT

18th century is a century of change; it is the period of recognizing human dignity. It is the movement
of reformation, the period of introduction of certain reforms in the correctional field by certain person.

THE PIONEERS ARE:

WILLIAM PENN (1614-1718)
The fought for religious freedom and individual rights.
the first leader to prescribe imprisonment as correctional treatment for major offenders.
He is also responsible for the abolition of death penalty and torture as a form of punishment.

Isaac Newton
“published a book entitiled, “Principia” (1687).
encouraged intellectuals to investigate social and scientific phenomena methodically and objectively.

JOHN LOCKE
“Essay Concerning Human Understanding and his Second Treatise on Government”.
(1690).

CHARLES MONTESQUIEU (CHARLES LOUIS SECONDAT - BARON DE LA BRODE ET DE MONTESUIEU) –

(1689-1755)
A French historian and philosopher who analyzed law as an expression of justice. He believe that
harsh punishment would undermine morality and that appealing to moral sentiments as better means of
preventing crime. He confronted religion and the historical role of the church in the political arrangement
of society. And published a book entitled, “Spirit of the Laws”. (1748).

VOLTAIRE (FRANCOIS MARIE AROUET) (1694-1778)

He was the most versatile of all philosophers during this period. He believes that shame was a
deterrent to crime. He fought the legality-sanctioned practice of torture.

CESARE BONESA, MARQUISE DE BECCARIA (1738-1794)

He wrote an essay entitled, “An Essay on Crimes and Punishment,” the most exciting on law during
this century. It presented the humanistic goal of law.

JEREMY BENTHAM (1748-1632)

The greatest leader in the reform of English Criminal law. He believes that whatever punishment
designed to negate whatever pleasure or gain the criminal derives from crime the crime would go down.
The one who designed the Panopticon Prison, which became as the “ultimate penitentiary” or
“inspection house”. Came from a the Greek word means “everything” and a “place of sight”. A prison that
consists of circular building containing multi-cells around the periphery, but it was never built.
Bentham’s inspiration to design the panopticon is traced primarily to English prison reformer John
Howard.

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JOHN HOWARD-(1726-1790)
The sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison reform. After his
findings on English Prisons, he recommended the following:
-single cells for sleeping
segregation of women
segregation of youth
provision of sanitation facilities
abolition of fee system

EARLY PRISONS:
MAMERTIME PRISON- the only Roman place of confinement, which was built under the main sewer of
Rome in 64 B.C. by Ancus Maritus.

BRIDEWELL WORKHOUSE- (1557) the most popular workhouse in London, England, which was built for the
employment and house of English prisoners.

WALNUT STREET JAIL- originally constructed as a detention jail in Philadelphia. It was converted into a state
prison and because the first American penitentiary.

DARTMOOR PRISON- once known as the HOUSE OF HALFWAY TO HELL, located in Devonshire, England,
originally constructed to house French prisoners.

GAOLS- Jails, Pretrial detention facilities operated by the English sheriffs in England during the 18 th century.

GALLEYS- Long, low narrow, single-decked ships propelled by sails and cars, usually rowed by criminals.

HULKS- These were abandoned or unusual warship that were converted to prisons as means of relieving
congestion of prisoner when transportation system was abandoned. Also called as FLOATING HELL or HELL
HOLES.

ALCATRAZ PRISON- It was operated in 1934 and was closed on March 21,1963. It was closed primarily
because it was too costly, an operation estimated were that repairs alone would run between $4.5 and$5
million. In 1940, it had a per capita cost of over twice of average of all federal institutions when it closed, it
has 260 inmates.

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 FUNDAMENTALS OF CRIMINAL INVESTIGATION

I. INVESTIGATION – the collection of facts to accomplish a threefold aim:

a. To identify the guilty party.
b. To locate the guilty part; and
c. Provide evidence of his guilt

CRIMINAL INVESTIGATION – is an art, which deals with the identity and location of the offender
and provides evidence of his guilt in criminal proceedings.

CRIMINAL INVESTIGATOR – is the person who is in charged with the duty of carrying the objectives
of investigation such as:
a. identity of the criminal
b. locate the criminal; and
c. provide evidence of his guilt

In the performance of his duties, the investigator must seek to establish the
six (6) cardinal points of investigation namely; WHAT specific offense has been committed; HOW
the offense was committed; WHO committed it; WHERE the offense was committed; WHEN it was
committed and WHY it was committed.

II. QUALITIES OF AN INVESTIGATOR

a. He must have the ability to preserve despite the obstacles and monitory of investigation.
b. He must have the ability and intelligence to obtain vital information easily.
c. He must be honest, incorruptible and with the personal integrity.
d. He must have the knowledge to the psychology of human behavior and understand people
and their environment.
e. He must have as keen power of observation and memory retention to accurate describe
what he has seen.
f. He must be resourceful and quick-witted.

III. THREE TOOLS OF INVESTIGATION

1. INFORMATION – data gathered by an investigator from other persons including
the victim himself and from:
a. Public Records
b. Private Records; and
c. Modus Operandi File
2. INTERROGATION – skillful questioning of hostile witnesses and suspects.
3. INSTRUMENTATION – scientific examination or real evidence; application of
instrument and methods of the physical sciences in detecting crime. It is
otherwise known as CRIMINALISTICS.

IV. PHASES OF INVESTIGATION

The main objective of a police investigator is to gather all facts in order to:
a. identify the criminal/s through
1. confession
2. eyewitness testimony

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 3. circumstantial evidence
b. trace and locate the criminal
c. prove by evidence the guilt of the suspect/s

V. STANDARDS METHODS OR RECORDING INVESTIGATIVE DATA

a. Photographs
b. Sketching Crime scene
c. Written notes (what you have seen or observed)
d. Developing and lifting fingerprints found at the crime scene
e. Gathering Physical Evidence
f. Plaster cast
g. Tape recording of objects
h. Video tape recording of objects
i. Written statement of subjects and witness

VI. SKETCH – is the simplest and most effective way of showing actual measurements and of
identifying significant items of evidence in their location at the crime scene. Sketching is
supplementary to the photographs taken.

a. KINDS
1. ROUGH SKETCH – made by the investigator at the crime scene. No scale,
proportion ignored and everything is approximate. It is used as basis of the
finished sketch.
2. FINISHED SKETCH – made primarily for courtroom presentation. Scale and
proportion is observed.
b. TYPES OF SKETCH
1. SKETCH OF LOCALITY – gives the picture of the scene of the crime and its
environs. Including such items as neighboring buildings, roads, leading to the
location of house and others.
2. SKETCH OF GROUNDS – pictures the scene of the crime with its nearest physical
surroundings, a house with garden, the plan of one or more floors in a house and
so forth.
3. SKETCH OF DETAILS – the sketch of details describes the immediate scene only
such as the room in which the crime was committed and the details thereof.

VII. METHODS OF IDENTIFYING THE CRIMINALS

a. BY CONFESSION OR ADMISSION –
CONFESSION – is a direct acknowledgement by the accused in a criminal case of the truth
of his guilt as to the crime charged or of some parts of the commission of the criminal act
itself.
ADMISSION – it is a voluntary acknowledgement in express terms or by implication by a
party in interest or by another whose statements legally bind him against his interest of the
existence o r truth of a fact on dispute material to the issue.

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 b. BY THE IDENTIFICATION AND TESTIMONIES OF WITNESSIES
1. KNOWN CRIMINALS – there are criminals whose picture are available from police
files and records.
2. UNKNOWN CRIMINALS – these are criminals whose identification is furnished by
eyewitnesses only.
METHODS OF IDENTIFICATION BY WITNESSES
a. verbal description
b. photographic files (Rogues Gallery)
c. general photograph
d. artists assistance
e. police line-up
c. BY THE IDENTIFICATION BASED ON CIRCUMSTANCIAL EVIDENCE
d. BY THE IDENTIFICATION BASED ON ASSIOCIATIVE EVIDENCE
e. IDENTIFICATION BY THE METHOD OF OPERATION OR MODUS OPERANDI

VIII. TRACING LOCATING CRIMINALS

a. THROUGHOUT USE OF INFORMANTS
INFORMANTS – is a person who gives information to the investigator. He may give
information openly and even offer to be a witness, or he may give information secretly and
request to remain anonymous.
CONFIDENTIAL INFORMANTS – person who provide investigator information
concerning a past or projected crime and does not wish to be known as the source of
information.
b. BY SURVEILLANCE
SURVEILLANT – is the person who maintains the surveillance or performs the
observation.
SUBJECT – is the person or place being watched or surveyed.
KINDS OF SURVEILLANCE
A. Surveillance of place
B. Tailing or shadowing
C. Undercover investigation
c. BY SHADOWING OR TAILING – the act of following a person
TYPES OF SHADOWING
a. loose tail
b. rough shadowing
c. close tail
d. BY UNDERCOVER ASSIGNMENT – otherwise known as “roping” is a form of investigation in
which investigator assume a different and unofficial identity in order to obtain information
and locate the criminal.

IX. KINDS OF PHYSICAL EVIDENCE

1. CORPUS DELICTI – objects or substance, which are essential part of the body of
the crime.
2. ASSOCIATIVE EVIDENCE – these are evidence which link the subject to the crime
scene or offense. Fingerprints or shoe impressions are good examples.
3. TRACING EVIDENCE – these are articles, which assist the investigator in locating
the suspects.

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 CHAIN OF CUSTODY – refers to the number of persons who handles the physical evidence from the
time of the commission of the offense up to the disposition of the case which number should be
kept to the minimum.

X. INTERVIEWS AND INTERROGATION

1. INTERVIEW - is the questioning of a person believed to possess knowledge that
is official interest to the investigator.
BASIC ASSUMPTIONS: Nobody has to talk to law enforces. No law compels person to talk to
the police if he does not want to. Therefore, people will have to be persuaded, always
within legal and ethical limits, to talk to law enforcers. This makes interviewing an art.

STAGES OF INTERVIEW IN CRIMINAL CASES:

a. preparation
b. approach
c. warming up
d. questioning and guidelines
2. INTERROGATION – is the questioning of a person suspected of having committed
an offense or of a person who is reluctant to make a full disclosure of information
in his possession, which is pertinent to the investigator.

TYPES OF INTERROGATION
a. Narrative type – this type is good for the subjects who are willing to talk.
They should be allowed to narrate their stories without intervention.
However, the investigator must observe the reaction of the subject while
telling his story and the words used.
b. Question and Answer type – the subject is asked questions and while
answering, the investigator should wait until the subject finished the
answer. This type requires that the investigator must have great deal of
knowledge about the case he is investigating.
PSYCHOLOGICAL SYSMPTOMS OF GUILT
A. sweating
B. color change
C. dry mouth
D. pulse
E. breathing
METHODS OF RECORDING INTERVIEW AND INTERROGATION
A. mental notes
B. written notes
C. stenographic notes
D. sound/voice recording
E. motion picture/video tape

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 SCIENTIFIC LIE DETECTION

Lie detection is also called DECEPTION DETECTION and SCIENTIFIC TRUTH VERIFICATION. As
scientific lie detection methods are usually applied to resolve legal matters, the field of lie detection is now
included as one area of forensic science. Forensic lie detection is better known in the academe as FORENSIC
PSYCHOPHYSIOLOGY. The most popular field of forensic psychophysiology is the polygraph method.

DEFINITION OF TERMS

POLYGRAPHY- polygraphy or polygraph science is the scientific method of detecting deception using an
instrument called polygraph. Some authors consider this as the new name of lie detection. But strictly
speaking, polygraphy is just a part of the broad field of lie detection.

POLYGRAPH – The term polygraph literally means “many writings” that is derived from two Greek words –
poly and graphe. A polygraph is a machine in which the multiple signals from the sensors are recorded on a
single strip of moving paper. A polygraph is a scientific instrument that simultaneously records the changes
in physiological processes of the human body. Other names of Polygraph are Truth Verifier and Lie
Detector.

LIE DETECTOR – This is the popular but misleading name of the polygraph machine.

SUBJECT – the person to be examined, usually a suspected criminal; also called examinee.

EXAMINER- The expert in polygraphy who use the polygraph machine to verify truthfulness of a subject’s
statement or testimony; other terms that maybe used are Polygraphist, Forensic Psychophysiologist (FP)
and Polygraph Examiner (PE).

REQUESTING PARTY- the person or persons who ask for the services of the examiner to help verify the
truthfulness of a subject’s statement or testimony; usually the investigator of a criminal case under
scrutiny.

POLYGRAPH EXAMINATION- this is a form of PVE which involves the examination of a subject using the
polygraph machine that officially covers the moment the subject enters the polygraph suite until he leaves;
it may however include the time when the examiner officially accepted the case and commenced gathering
information from the requesting party.

POLYGRAPH TEST- the scientific part of the polygraph examination that transpires from the moment the
chart drive(kymograph) is turned on until it is turned off.

POLYGRAPH CHART- the paper where the detected physiological responses of the subject are recorded.

POLYGRAM- the polygraph chart tracings obtained from a subject; consist of polygraph chart and the
tracings (or recorded physiological responses) of a subject from specific stimuli.

POLYGRAPH SUITE- a well designed room or set of rooms, neither an office nor a laboratory, where
polygraph examination takes place.

SPECIFIC STIMULUS- a well-phrased question that is designed to cause a response from a subject.

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INSTRUMENTATION- the part of polygraph examination whereby polygraph instrument is actually used
while asking questions to the subject; it covers chart collection and chart analysis.

POST-TEST QUESTIONING- the questioning that concludes the PVE (psychophysiological veracity
examination), either in the form of post-test interview or post-test questioning.

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 PERSONAL IDENTIFICATION

Dactyloscopy, defined

It is the identification of a person through the examination and comparison of fingerprint.

It was derived from the Greek word:

Dactylos – a finger
Skopien – to examine

Fingerprint, defined

The production of a pattern or design formed by ridges on the inside of the joint of a finger.

Sir Edward Richard Henry – considered as the Father of Fingerprint Science

Branches of Dactyloscopy:

1. Chiroscopy – science of dactyloscopy which deals with the study of the palms of the hand.
It was derived from the Greek words: cheir – a hand, and skopien – to examine.

2. Podoscopy – branch of science of dactyloscopy which deals with the study of the sole of the foot.

It was derived from the Greek words: podo – foot, and skopien – to examine.

3. Poroscopy – branch of science of dactyloscopy which covers the study of the sweat pores found in the
friction skin.

It was derived from the Greek words: poros – pores, and skopien – to examine.

Characteristics of Fingerprint

1. The only infallible system of identification throughout the world.

2. It is the most convincing proof of man’s individuality.
3. It enables to unmask the real identity of the lawbreaker.

Three Universal Principles of Fingerprint

1. Infallible – it will not fail
2. Perennial – conclusive and permanent
3. Immutable - unchangeable

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General Classification of Fingerprint Patterns

1. Arches
a. Plain Arch
b. Tented Arch

2. Loops
a. Radial Loop
b. Ulnar Loop

3. Whorls
a. Plain Whorl
b. Central Pocket Loop
c. Lateral Pocket Loop
d. Double Loop
e. Accidental Whorl

FORENSIC PHOTOGRAPHY

Photography, defined

It is a science or art of obtaining images on a sensitized material by the action of electromagnetic

radiation or rays thru the use of a camera and its accessories and the chemical process involved therein.

It was derived from the Greek words:

Photo – means light

Graphy – means to draw or chart or sketch

Elements of Photography

1. Images or subject – anything that can be observed by the naked eye or by the use of invisible lights.

2. Sensitized materials -

a. film – either black and white color

b. photographic paper

3. Light – visible or invisible

a. natural – sunlight
b. artificial – electrical light or manmade

4. Camera – still, video, movie, etc.

5. Chemical – film developer, paper developer

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Police Photography, defined

It is the science which deals with the study of the principles of photography and the preparation of
photographic evidence and its application to police work.

Objectives of Police Photography

1. To produce a pictorial record of everything pertaining to the crime.

2. To help in keeping the police officer’s memory accurately as possible as to where he find things.
3. To help in securing and obtaining confession, disposition and information relating to the case.

Importance of Forensic Photography

1. Small objects but of great importance in a crime committed may escape in the first phase of
examination by the investigator but maybe seen and recorded on the photograph.
2. A good photograph of the scene is a permanent record which is always available especially in court
presentation, in court proceeding, fiscals and defense lawyers have generally never visited the scene of
the crime.

As a general rule, take many photograph of the crime scene and select the best.

3. Used as an aid by investigator to describe in court some of the details of the crime scenes they have
investigated several months ago, the small details and exact locations of objects.
4. To assists the investigators in using photographic equipment and techniques in their effort to solve
crimes.

Uses of Photography in Police Work

1. Identification – this is the very first use of photography in police work. Use to identify criminals, missing
persons, lost property, licenses, anonymous letters, bank checks, laundry marks, and the civilian or
personnel fingerprint identification files.
2. Communication and micro films files – investigative report files, accident files, transmission of photos
(wire photos) photographic supplement to reports with modern day electro-photography machines.
3. Evidence – crime scenes, traffic accidents, homicides, suicides, fires, objects of evidence, latent
fingerprints, evidential traces can frequently be improved by contrast control (lighting, film and paper
filters) by magnification (photomicrography, photomicrography) by invisible radiation (infra-red,
ultraviolet, x-rays).
4. Offender detection – surveillance, burglar traps, confessions, re-enactments of crimes.
5. Court exhibits – demonstration enlargements, individual photos, projection slides, motion pictures.
6. Reproduction or copying – questionable checks and documents, evidential papers, photographs, official
records and notices.
7. Personnel Training – photographs and film relating to police tactics, investigation techniques, mob
control, and catastrophe situation.

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8. Crime and fire prevention hazard – lectures, security clearance detection devices, photos of hazardous
fire conditions made when prevention inspections are made.
9. Public Relations – film pertaining to safety programs, juvenile delinquency, traffic education, public
cooperation and civil defense.

FORENSIC BALLISTICS

BALLISTICS
- In general or in its broadest sense is defined as the science of motion of projectiles.
- Technically, it refers to the science of firearms identification.

Its Legal Meaning

It is the microscopic examination of fired cartridge cases and bullets together with the recording
and presentation by means of photography of what is revealed by the microscope.

IS FIREARMS IDENTIFICATION A SCIENCE?

In the sense that it classified, formulated and verifiable knowledge gathered by observation,
research and experiment and based on scientific theory and using scientific equipment, it is scientific
knowledge.

IS FIREARMS IDENTIFICATION AN EXACT SCIENCE?

An exact science is one which opermits an absolute precision in results free from any possibility of
error normal to human perception. Under the definition there is a very real question as to whether any
branch of knowledge can be classified as an exact science by convention of science of mathematics is
generally accorded by the name “Exact”.

Origin:
The term Ballistics derived from the Greek work “ballo” or “ballein” meaning “to throw”. Its roots
was said to be derived from the name of early Roman war machine called the “ballista” – Latin word of
Ballistics – which was an ancient machine designed to hurl a javelin, “a gigantic bow or catapult which then
used to hurl missiles or large objects of a distance like stones against animal (games) or their enemy forces.

Colonel Calvin H. Goddard MD., a OS, US Army, pioneered the introduction of forensic ballistics in
1920 throughout the Criminology courses in the different universities in the United States.

BRANCHES OF BALLISTICS
1. INTERIOR BALLISTICS
- This refers to the motion of projectiles while still inside the firearm (from the time the firer
squeezes the trigger). This extends from the breech to the muzzle of the gun. Interior Ballistics
is so short. From the release of the firing pin to the moment the sound of the shot can be heard
as it leaves the muzzle occupies only about 0.01 sec. in a modern rifle. The explosion of a bullet
is 0.0002 seconds by means of tremendous explosion of burning gases.

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2. EXTERIOR BALLISTICS
- This refers to the motion of projectiles from the time it leaves the muzzle of the firearm and the
time it reaches the target. The flight of most bullets does not exceed 30 seconds at maximum
range.

3. TERMINAL BALLISTICS
- It is the study dealing with the effect of the impact of the projectile on the target. They are
important to both sportsmen and military. In order to deliver all the potential energy of the
bullet to the game target, hunting bullets usually have soft lead tips. Or other complex design
which makes them expand such characteristics in accord with the international conventions.
Their penetration is of prime interest. Penetration is important also in determining safety
requirements for target backstops. At two hundred yards an average military rifle projectile will
penetrate about 24 inches of loam, 14 inches of oak, and 7 inches of dry sand or 4 inches of
concrete.

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