Reviewer Cover To Cover
Reviewer Cover To Cover
RA 6975
DILG ACT OF 1990 (DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT)
TRI- BUREAU
PNP,BFP,BJMP
RA 8551- PNP REFORM AND REORGANIZATION
CJS- CRIMINAL JUSTICE SYSTEM
5 PILLARS
1.LAW ENFORCEMENT
2.PROSECUTION
3. COURT
4. CORRECTION
5. COMMUNITY
CORRECTION
BJMP - CITY / MUNICIPALITY JAIL, DETAINEE
1 D TO 3 Y / 1D TO 6 M
BUCOR - NATIONAL / INSULAR PRISON
3Y AND 1D TO MORE
PROVINCIAL JAIL - PROVINCIAL GOVENMENT
6 M TO 3 Y
R.A. 6506 - “An act creating the board of Examiners for criminologists in the philippines and for
other purposes”.
Criminology - derived from the Latin root word “Crimen” which means offense and “logos” or “logia”
which means to study.
- It is a body of knowledge regarding crime as a social phenomenon, it includes within its three
(3)scopes: the making of laws, the breaking of laws and the reaction of society towards the breaking
of laws. (Edwin Sutherland and Donald Cressey, 1934).
- It was introduced by Raffaele Garofalo in 1885 which in Italian is Criminologia.
- It was introduced by Paul Topinard in 1887 which in French is Criminologie. FRENCH
ANTROPOLOGIST
Cesare Lombroso - “Father of Criminology'' or the “Father of Modern Criminology”, also the
“Founder of Criminal Anthropology”. He studies the remains of executed individuals who had been
convicted of crimes. His theory of Born Criminal states that criminals are a lower form of
life, nearer to their apelike ancestors than non-criminal in traits and disposition. They are
distinguishable from non-criminals by various atavistic stigmata-physical features of
creatures at an earlier stage of development.
Raffaele Garofalo - An Italian nobleman, magistrate, senator, and professor of law who rejected
the classical principle that punishment should fit the crime, arguing instead that it should fit the
criminal. -He traced the roots of criminal behavior which is not in physical features but to their
psychological equivalents, which he called “moral anomalies.”
Enrico Ferri - Lombroso’s best associate; attacked the classical doctrine on freewill, and argued that
criminals should not be held morally responsible for their crimes, because they did not
choose to commit crimes rather, were driven to commit crimes due to economic, social
and political factors (moral responsibility).
Criminology as refers to the scientific study of crimes, criminals, and victims, it also deals with the
prevention, and solution of crimes;
Registered criminologist refers to a natural person who holds a valid certificate of registration and
an updated professional identification card as a criminologist issued by the Professional Regulatory
Board for Criminologists and the Professional Regulation Commission (PRC) pursuant.
RA 6505- OLD
RA 11131- NEW
Criminalist - An individual who trained in science of application of instruments and methods to the
detection of crime.
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George Wilker - criminology cannot become a science because it has not yet acquired universal
validity.
- a criminologist who in his manuscript. “the Scientific Adequacy of Criminological
Concept” argued that criminology cannot possibly become a science. Accordingly general
proposition of universal validity is the assence of science.
Differential Association Theory (DAT) - proposed that criminal behavior is a product of learning
process though socialization with other people that possess criminal behavior.
White Collar Crime - committed by persons of respectability and of upper socio-economic class in
the course of their occupational activities.
Blue Collar Crimes - crimes committed by ordinary professional criminals to maintain their
livelihood.
Nature of Criminology
1. It is an applied science because criminology as a body of knowledge has already established
universally accepted principles and concepts used by other fields of study. It is the use of sciences in
the practice of criminology. The process is called "Instrumentation”.
2. It is a social science because it studies crime as a social phenomenon. Crime is a social problem
which has a great impact to society, Crime is a social creation and it exists in a society being a social
phenomenon.
3. It is dynamic because the concepts of criminology and its applications adapt to the changing time.
Criminology changes as a social condition change. It is concomitant with the advancement of other
sciences that have been applied to it.
4. It is nationalistic because the study of criminology takes into consideration the history, culture
and social norms and the laws of the country. Each country has its own sets of laws and crimes are
defined by the laws of the country. The study of crimes must be in relation with the existing criminal
law within a territory or country. The question as to whether an act is a crime is dependent on the
criminal law of a state.
Law – It is the rule of conduct, just and made obligatory by the legitimate authority for the
common observance and benefit. It is symbolically represented by a blindfolded woman carrying
with one hand a sword and the other a balance.
Criminal Law – It is a branch or division of law which defines crimes, treats of their nature and
provides for their punishment.
Act No. 3815 – The primary source of criminal law in the Philippines. It is otherwise known as the
Revised Penal Code and it took effect on January 1, 1932. The Code Committee was chaired by
Anacleto Diaz, with its members, namely: Quintin Paredes, Alex Reyes, Mariano de Joya and
Guillermo Guevar
GENERAL
The law is binding to all persons who live or sojourn in the Philippines. (LAHAT NG NAKATIRA DITO
SA PILIPINAS)
Exceptions: (MALIBAN NALANG SA MGA NASA LISTAHAN SA IBABA)
1. Head of the state or country
2. Foreign diplomats
3. Ambassadors who are duly accredited to a country
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TERRITORIAL
The law is binding to all crimes committed within the National Territory of the Philippines. (LAHAT
NANG NASASKOP NANG ATING BANSA)
Terrestrial - jurisdiction exercised over land
Fluvial – over maritime and interior waters
Aerial – over the atmosphere
Exception: (EXCEPT KAHIT WALA SA TERRITORY NATIN PERO ANG CRIME IS NAGAWA SA LOOB NANG
PAGMAMAY ARI NG PIPILINAS)
It can still be applied under the following conditions:
1. Should commit an offense while on a Philippine ship or airship.
2. Should forgery or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title
One of Book Two of this Code.
PROSPECTIVE
Criminal law cannot make an act punishable in a manner in which it was not punishable when
committed; it has no retroactive effect. (HALIMBAWA: KUNG SA BAGONG BATAS AY MAS TUMAAS
ANG SENTENSYA, HINDI MAAAPEKTUHAN ANG TAONG NASA PIITAN DAHIL SINE SERVE NA NIYA
ANG SENTENSYA NIYA BAGO PA MABUO O MAISAKATUPARAN ANG BATAS. )
Exception:
1. When a new statute dealing with the crime establishes conditions more lenient or favorable to
the accused, it can be given a retroactive effect. (KUNG FAVOR SA TAONG NASA PIITAN ANG BATAS,
ITO AY MAG BENEFITS SA KANYA, HALIMBAWA: 5 YRS ANG PAGKAKAKULONG SA LUMANG BATAS
PERO SA BAGONG BATAS AY 4 YRS NALANG ITO AY MAGAGAMIT NG TAONG NASA PIITAN)
Exemption to the Exception: if the accused is a habitual delinquent. (PAG ANG TAONG NASA PIITAN
AY PALAGING NAKUKULONG HINDI NIYA PWEDENG GAMITIN ANG BAGONG BATAS)
1. Biological Approach: It proposes that human beings commit crime because of internal factors
over which they have little or no control.
2. Causal Approach: This is a study of the causal link that exists between the defendant’s action and
the plaintiff’s injury. It is observation of facts in relation to phenomenon of crime interpreting them
in relation to the possible causes of criminal behaviour. A cause may be necessary or sufficient. If
result B invariably follows cause A without any other factors being required, and cause A cannot be
replaced by any other alternative, then cause A is both sufficient and necessary cause.
3. Deficient in Probity Approach: The criminals deficient in probity, says Dr. Maurice Parmellee,
commit crimes against property.
4. Descriptive Approach: It describes the phenomenon of crime and those who commit it. It covers
all aspects such as personal traits of criminals and the various forms of criminal behaviour.
5. Organically Inferior human traits Approach: This study was carried by Eavert A. Hootan and
William H. Sheldon. Hootan stated that criminals are organically inferior. Hootan had studied
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13,873 male criminals and 3023 persons of control group. The study was conducted in various
American States. To Hootan the criminal is an inadequately developed runty fellow, while to Sheldon
the criminal is husky and athletic type fellow.
6. Economic Approach: It studies external economic factors.
7. Endemic Approach: It studies those factors that arise from local conditions or belong to a
particular period of the year, or the specified area that make a man criminal.
8. Environmental Approach: It seeks to explain the phenomenon of criminal behaviour with
reference to factors outside the personality of the delinquent.
9. Functional Psychosis Approach: As to mental quality an offender is either normal or abnormal.
10. Organic Psychosis Approach: General paralysis of the insane (Patients of this abnormality
commit offenses with astonishing openness and silliness);
● Traumatic psychosis (Patients of this abnormality commit crimes of violence);
● Encephalitis Lethargic (Patients of this abnormality commit crimes of explosive and sexual
nature);
● Senile Dementia (patients of this abnormality are of old age and commit varying crimes);
● Epilepsy (Patients of such abnormality commit crimes of sudden violence).
● Schizophrenia (Patients of this abnormality suffer split-mindedness.
11. Heredity and Criminal Families Approach: Studies were conducted by Arthur Dugdale in the
United States of America on the Jukes (1877) and by Henry Herbert Goddard on the Kallikaks (1912).
12. Individualistic Approach: It focuses its attention on the biological, mental and other
characteristics of the offender to explain the cause of his delinquent behaviour.
13. Physiological Approach: It is an approach to criminology made by endocrinologists who found
that glandular malfunctioning caused the delinquent behaviour.
14. Social Approach: Man may live in isolation but generally he lives in society.
15. Therapeutic Approach: This approach is of recent origin. It considers the criminal as a victim of
circumstances and a product of various factors within the criminal and the society.
16. Twin Research Approach: Violent due to environmental influences as prejudices of honor,
politics and religion, approach.
2. Neo-Classical School
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The neo-classicist school emerged, in large part, to remedy some of the problems created by the
classical school. According to Taylor, Walton and Young, contradictions in classicism presented
themselves in universal penal measures and in day-to-day practice. “It was impossible in practice to
ignore the determinants of human action and proceed as if punishment and incarceration could be
easily measured on some kind of universal calculus: apart from throwing the working of the law
itself into doubt (e.g. in punishing property crime by deprivation of property) classicism appeared to
contradict widely-held commonsensical notions of human behavior. Classicism concentrated on the
criminal act and ignored individual differences between criminals. Neoclassicism still held that
freewill is important, but that it can be constrained by physical and environmental factors. Thus,
neo-classicists introduced revisions to account for problems presented in classicism.
• Allowing for mitigating circumstances by looking at the situation (physical and social environment)
in which the individual had been placed.
• Some allowance was given for an offender’s past record. A court needs to take into account an
offender’s criminal history and life circumstances when making a decision about someone’s
sentence.
• Consideration should be given for factors like incompetence, pathology, insanity and impulsive
behavior. Also, certain individuals, such as children and the mentally-ill, are generally less capable of
exercising their reason.
3. Positivist School
The positivist school opposed the classical school’s understanding of crime. All people are different,
and thus vary in their understanding of right and wrong; this needed to be a barometer for
punishment. The person and not the crime should be punished.
“Positivism saw its role as the systematic elimination of the free will ‘metaphysics’ of the classical
school— and its replacement by a science of society, taking on for itself the task of the eradication of
crime,” Ian Taylor, Paul Walton and Jock Young wrote in “The New Criminology: For a Social Theory
of Deviance.” This new, deterministic movement was consolidated by Enrico Ferri, who championed
the approach then being employed by an Italian military physician, Cesare Lombroso.
Crime- it refers to an act committed or omission in violation of public law forbidding or commanding
it.
Misdemeanor – when it violated an ordinance.
-refers to minor or petty crime.
Crime Typology - refers to the type of particular crime category.
CLASSIFICATION OF CRIMES
LEGAL CLASSIFICATIONS:
1. ACCORDING TO LAW VIOLATED
A. Felony – an act or omission punishable by law which is committed by means of dolo (deceit) or
culpa (fault) and punishable under the Revised Penal Code.
B. Offense - when it is punishable by Special Laws.
C. Infraction - an act or omission in violation of city or municipal ordinance.
A. By means of dolo or deceit - if the crime is committed with deliberate intent. Thus, it is called
intentional felonies.
Freedom or voluntariness
Intelligence
Intent
“M’ Naghten Rule” stated that a defendant is not guilty of a crime if, at the time of the act, mental
illness permits the actor from 1) knowing what he or she was going or 2) knowing that the act was
wrong.
4. ACCORDING TO PLURALITY:
A. Simple Crime - It is a single act constituting only one offense.
B. Complex Crime - it is a single act constituting two or more grave felonies or an is a necessary
means for committing the other.
5. ACCORDING TO GRAVITY:
A. Grave felonies - are those to which the law attaches the capital punishment or penalties which in
any of their period are afflictive.
B. Less grave felonies - are those which the law punishes with penalties which in their maximum
period are correctional.
C. Light felonies - are infraction of law for the commission of which the penalty of arresto menor or
fine not exceeding Forty Thousand Pesos (PhP 40,000) or both is provided. (sec.,1 , R.A.10951).
Socrates - believed that the best life and the life most suited to human nature involved reasoning.
He also believed that nobody willingly chooses to do wrong.
Plato - believed that human behavior flows from three main sources: desire, emotion and
knowledge.
Aristotle - heralds the role of reason in a proper human life the same with Socrates. He examined
the nature of man and his functions and sees that man survives through purposeful conduct which
results from the active exercise of man's capacity for rational though
According to David Abrahamsen in his book entitled, “Crime and Human Mind” in 1945, he
explained the causes of crime by this formula:
C= T + S
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Where:
C - Crime/Criminal Behavior (THE ACT)
T - Criminal Tendency (DESIRE/INTENT)
S - Total Situation (OPPORTUNITY)
R - Resistance to Temptation (CONTROL)
Impossible crime is an act which would be an offense against a person or property was it not
for the inherent impossibility of its accomplishment or on account of the employment of inadequate
or ineffectual means.
Consummated - when all the elements necessary for its execution and accomplishment are present.
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.
Attempt - when the offender commences the commission of a felony directly by overt acts, and
does not perform all the acts of execution which should produce the felony by reason of some cause
or accident other than his own spontaneous desistance.
Illustration:
Three men A, B, and C killed D in front of E. They told E to bury D otherwise they would also kill him.
Thus, E was constrained to bury D. There was an uncontrollable fear and it is real and imminent. E
saw that they shot D and they can also shoot him.
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MODULE 11: Identifying the Different Views on the Causes and Control of Criminal Behavior
CONVICT - once the court has determined that the accused is guilty beyong reasonable doubt as
charged and judgment has been rendered.
CRIMINAL - it is only upon undergoing all the process when the person has served the sentence.
CLASSIFICATIONS OF CRIMINALS
1. ACCORDING TO ETIOLOGY:
A. Acute criminal - is a person who committed crime as result of result of reacting to a situation or
during a moment of anger or burst of feeling.
B. Chronic criminal - is one who committed a crime with intent or deliberated thinking.
1. Neurotic criminal - is one who has mental disorder.
2. Normal criminal - a person who commits crimes because he looks up to and idolizes people who
are criminals.
Schizophrenia - mental disorder characterized by the loss of contact with reality, disturbance of
thought and perception, bizarre behavior.
- Formerly known as Dementia Praecox by Emil kreaplin.
- the term schizophrenia was given by eugene bleuler which literally means “splitting of minds”.
PENOLOGY – refers to the study of punishment of crime or of criminal offenders. It includes the
study of control and prevention of crime through punishment of criminal offenders.
- The term derived from the Latin word “poena” which means pain or suffering.
- Penology is otherwise known as Penal Science.
-it is branch of criminology which deals with deals with treatment, management, and
administration of inmates.
Francis Lieber was the sociologist who coined the term penology which means punishment for
criminals.
PENAL MANAGEMENT – refers to the manner or practice of managing or controlling places of
confinement as jails or prisons.
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CORRECTIONS – a branch of the Criminal Justice System concerned with the custody, supervision
and rehabilitation of criminal offenders.
INSTITUTIONAL CORRECTION
PRISON - confinement facility which has authority over an individual sentence by a court to
imprisonment which is administered by national government.
JAIL - primary an adult penal penal institution used for the detection of law violators which is
administered by, province, city, or municipal.
2. Provincial Jails - jails for the safekeeping of prisoners at the capital of each province.
- under the supervision and control of the provincial governors.
3. Bureau of Jail Management and Penology - created by virtue of Republic Act 6975.
- execises supervision and control over all districts, city and municipal jails nationwide.
- formally established on January 2, 1991.
Detention Prisoners - they are those held for security reasons investigation and those awaiting or
undergoing trial and awaiting judgment.
Sentenced Prisoners - those convicted by finals judgment and serving their sentence.
P.D. 29 - the law that classified prisoners.
CLASSIFICATION OF PRISONERS
1. Detention Prisoners
A. Persons held for security reasons
B. Persons held for investigation
C. Persons waiting for final judgment
D. Persons waiting for trial
Freda Adler - theory is a statement that explains the relationship between abstract concepts in a
meaningful way.
For example, if scientists observe that criminality rates are usually high in neighborhoods with high
unemployment rates, they might theorize that environmental conditions influence criminal behavior
(Siegel, 2007).
Social theory - defined as the systematic set of interrelated statements or principles that explain
aspects of social life. Theory serves as models or framework for understanding human behavior and
the forces that form it. It is based on verified social facts or readily observed phenomena that can be
constantly calculated and measured (Siegel, 2007).
Theory - a supposition or a system of ideas intended to explain something, especially one based on
general principles independent of the thing to be explained. It derived from the Greek word “theōria”
which means “contemplation or speculation” (Oxford’s Dictionary).
Theory - a plausible or scientifically acceptable general principle or body of principles offered to
explain phenomena. It is synonymous with the terms thesis, hypothesis, supposition, and
proposition (Merriam-Webster’s Dictionary)
- statement that explains the relationship between abstract concepts in a meaningful way.
Types of Research
1. Basic Research. This is also called “fundamental research” or “pure research.” It
seeks to discover basic truths or principles.
2. Applied Research. This type of research involves seeking new applications of scientific knowledge
to the solution of the problem, such as the development of a new system
or procedure, new device, or new method in order to solve the problem.
3. Developmental Research. This is a decision-oriented research involving the application of the
steps of the scientific method in response to an immediate need to improve existing practices
- it is the important section of the study where it includes the coverage of the study: the
subjects, the instruments, issues and duration of the study.
instruments, issues and duration of the study.
MODULE 15: Explaining the Concept of Uniform Crime Reporting and Understanding Crime
Mapping
Uniform Crime Reporting - established in every police station for monthly and annual reports on case
handled and persons arrested by the police station to include cases reported.
four reports above described shall be submitted to the National Police Commission in three copies
not later than the 15th of each month. The National Police Commission in return shall each furnish
the NBI and the Chief/Director General of the PNP. Accuracy and promptness in the submission of
these reports shall be the responsibility of the Station Commander.
Crime Spot Map - It posts the location of murders, rapes, robberies, carnapping and other major
crimes of the locality.
Traffic Spot Map - It posts the motor vehicle and pedestrian accidents which occur in the area.
Crime mapping is the process of using a geographic information system to conduct spatial analysis of
crime problems and other police-related issues.
The following are some examples of how crime mapping is used within the three types of crime
analysis:
1. Tactical crime analysis - crime mapping is used to identify immediate patterns for crimes such as
residential and commercial burglary, auto theft, and theft from vehicles.
2. Strategic crime analysis - crime mapping is utilized in long-term applications to analyze the
relationship between criminal activity and indicators of disorder, such as a high volume of vacant
property or disorder calls for service
3. Administrative crime analysis - crime mapping is a valuable tool used by police, researchers, and
media organizations to convey criminal activity information to the public.
4. Chart mapping - allows the crime analyst to display several values within a particular variable at
the same time.
5. Density mapping - analysts use point data to shade surfaces that are not limited to area
boundaries.
PIONEERS IN VICTIMOLOGY
VICTIMS - individuals who experience loss, injury, or hardship for any reason
CRIME VICTIMS - Above as result of an illegal act
CRIMINOLOGISTS - ask why certain individuals become involved.
VICTIMOLOGISTS - ask why some individuals, households, and entities are targeted while others are
not and why over and over again.
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Typology of Victims:
Theories of Victimology
Lifestyle theory
Crime is not a random occurrence but rather a function of the victim’s lifestyle.
For example, due to their lifestyle and demographic makeup, college campuses contain large
concentrations of young women who may be at greater risk for rape and other forms of sexual assault
than women in the general population. (MGA KINAUGALIANG GAWAIN NA NAKAKAPANGHIYAKAT SA
ATTACKER)
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 of 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 disasters. 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 occurs.
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.
Characteristics of researcher
1. Intellectual curiosity. A researcher undertakes deep thinking and inquiry of the things, problems
and situations around him. He is keen to get information on these problems and situations often due
to unusualness and newness.
2. Prudence. The researcher is careful to conduct his research study at the right time and at the right
place wisely, efficiently, and economically.
3. Healthy criticism. The researcher is always doubtful as to the truthfulness of the results.
4. Intellectual honesty. An intelligent researcher is honest to collect or gather data or facts in order to
arrive at honest results. Honesty is the best policy of the researcher.
5. Intellectual creativity. A productive and resourceful investigator always creates new research.
6. He enjoys inventing unique, novel and original researches, and considers research as his hobby.
Types of Research
1. Basic Research. This is also called “fundamental research” or “pure research.” It seeks to discover
basic truths or principles.
2. Applied Research. This type of research involves seeking new applications of scientific knowledge
to the solution of the problem, such as the development of a new system or procedure, new device,
or new method in order to solve the problem.
3. Developmental Research. This is a decision-oriented research involving the application of the steps
of the scientific method in response to an immediate need to improve existing practices.
Crime statistics - provides a mathematical measure of the level or amount of crime that is prevalent
in societies. It usually refers to figures compiled by the Police and similar law enforcement agencies.
Crime – includes felonies which are violations of the Revised Penal Code and offenses which are
violations of special laws.
Crime Volume – the number of crime incidents committed in a given area over a period of time which
includes the index and non-index crimes.
CV = Index Crimes + Non-Index Crimes
Population – the number of inhabitants in a given area. The figure to be used is the medium
assumption as per the records from the National Statistics Office (NSO).
Crime Rate – is the number of crime incidents in a given period of time for every 100,000 inhabitants
of an area.
Index Crimes - are crimes which are serious in nature and which occur with sufficient frequency and
regularity such that they can serve as an index to the crime situation.
Non-index crimes - are violations of special laws such as illegal logging or local ordinances.
Crime Rate – is the number of crime incidents in a given period of time for every 100,000 inhabitants
of an area.
Population – the number of inhabitants in a given area. The figure to be used is the medium
assumption as per the records from the National Statistics Office (NSO).