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This document provides an overview of modules covered in the Criminology Reviewer. It discusses key concepts in criminology like the criminal justice system, corrections, origins of criminology, aims of studying criminology, nature of criminology as a discipline, characteristics of criminal law, and more. The review covers topics like the Department of Interior and Local Government Act, agencies like PNP and BJMP, early criminological theorists like Lombroso and Sutherland, and the scope and multi-disciplinary nature of criminology as a field of study.

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0% found this document useful (0 votes)
127 views

Reviewer Cover To Cover

This document provides an overview of modules covered in the Criminology Reviewer. It discusses key concepts in criminology like the criminal justice system, corrections, origins of criminology, aims of studying criminology, nature of criminology as a discipline, characteristics of criminal law, and more. The review covers topics like the Department of Interior and Local Government Act, agencies like PNP and BJMP, early criminological theorists like Lombroso and Sutherland, and the scope and multi-disciplinary nature of criminology as a field of study.

Uploaded by

Maarna B. Amino
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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MODULE 1: : Introduction to Criminology

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

MODULE 2: Tracing the Origin of Criminology

Criminology is the body of knowledge regarding crime as a social phenomenon

Three (3) scopes


*the making of laws,
*the breaking of laws, and
*the society’s reaction towards the breaking of laws.

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

THE FOUR (4) PRINCIPAL DIVISIONS OF CRIMINOLOGY:


1. SOCIOLOGY OF LAW- which is an attempt at scientific analysis of the conditions under which
criminal law influences society.
2. CRIMINAL ETIOLOGY - which is an attempt at scientific analysis of the study of causes or reasons
for crime.
3. PENOLOGY - concerned with control of crime by repressing criminal activities through the fear
of punishment.
4. CRIMINALISTICS – concerns with the collection, identification, and recognition of physical
evidence at the crime scene.

THE HOLY THREE (3) OF CRIMINLOGY


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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).

CESARE BECCARIA- FATHER OF CLASSICAL SCHOOL


CESARE LOMBROSO- FATHER OF MODERN CRIMINOLOGY

MODULE 3: Explaining the Nature & Significance of Studying Criminology

Aims in the Study of Criminology


1. To understand crimes and criminals.
2. To prevent the occurrence of crime.

The Scope of Criminology


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

THERE IS NO CRIME IF THERE IS NO LAW TO PUNISHING IT.


NULLUM CRIMEN NULLA POENA SINE LEGE

Multi-disciplinary Study of Criminology


1. Sociology (Sociological Criminology): This is the study of crime focused on the group of people
and society as a whole.
2. Psychology (Psychological Criminology): This is the science of behavior and mental processes of
the criminal.
3. Psychiatry (Psychiatric Criminology): This is the science that deals with the study of criminal
behavior in terms of motives and drives.

Salient Provisions of Republic Act 11131


This act also known as “The Philippine Criminology Profession Act of 2018”

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.

Edwin Sutherland - Dean of Modern Criminology.


- Father or Pioneer of American Criminology.
- coined the phrase White Collar Crime.
- hoped that it will become a science in the future since the causes of causes of crimes are
almost the same which may biological environmental or combination of the two.

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.

MODULE 5: Identifying the Different Characteristics of Criminal Law

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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4. Foreign troops permitted to in arch within a territory

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)

MODULE 6: Describing the Different Approaches in the Explanation of Crime

MAIN APPROACHES IN THE EXPLANATION OF CRIME:


1. Objective Approach: Criminal behavior is explained in terms of factors extraneous to the
offender which are social, sociological, cultural and economic.
2. Subjective Approach: Criminal behavior is explained in terms of factors within criminal, i.e.
physical, biological and mental traits.

Different Approaches in the Explanation of Crime

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.

The Psychotics are of two types,


having psychosis of organic origin and
having psychosis of non-psychosis origin or functional psychosis.

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.

MODULE 7: Comparing the Different Schools of Thought in Criminology

Schools of Thought in Criminology


1. Classical School
The classical school developed during the Enlightenment in response to excessive and cruel
punishments to crime. Cesare Beccaria argued for more humanitarian forms of punishment and
against physical punishment and the death penalty. He believed that punishment should fit the
crime and not be excessive. A primary premise of the classical school was the fundamental equality
of all people, which meant that every person should be treated equally under the law. Criminal
behavior would be subject to similar punishment, and people had to know what categories of
conduct were punishable. Punishable conduct would only be that which encroached on someone
else’s freedom in violation of the social contract. No longer would status be a factor to receiving
favorable treatment or more favorable punishment Central to the classical school was the presence
of freewill. All people act within reason; conduct results from the conscious operation of a person’s
will after reflection and choosing among alternatives of action. People know the difference between
right and wrong. Awareness of right and wrong combined with crime as a choice played into how
the classical school thought of punishment. Because crimes are chosen through free will, they
should be punished swiftly and proportionally to the crime. This is the most effective deterrent to
crime.

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.

MODULE 9: Classifying Crimes

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.

KIND OF CRIME TYPOLOGY


1. Violent Crime - where violence was used in its commission.
2. Economic Crime - Committed to bring financial gain to offender.
3. Public Order Crime - these are acts considered illegal because they conflict with social policy,
accepted moral rules and public opinion. These are known as Victimless crime because there is no
complaining victim.
Ex. Prostitution, gambling, pornography, obstruction, drug addiction, alcoholism etc.

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.

2. ACCORDING TO THE MANNER OF COMMITTING CRIME:


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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.

B. BY MEANS OF CULPA OR FAULT


- felonies committed by means of culpa (fault)
- the act or omission of the offender is not malicious and injury caused by the offender is
unintentional, it being simply the incident of another act performed without malice.
 Lack of foresight
 Lack of skill
 Negligence
 Imprudence

3. ACCORDING TO THE STAGES IN COMMISSION:


A. Attempted - 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.
B. 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.
C. Consummated - when all the elements necessary for its execution and accomplishment are
present.

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.

TWO (2) KINDS OF COMPLEX CRIME:


1. Compound crime (delito compuesto)
2. Complex crime proper (delito complejo)

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).

6. ACCORDING TO THE NATURE OF THE ACT:


A. Crimes mala in se - are acts that are inherently evil.
Ex. Murder, robbery, etc.
B. Crimes mala prohibita - are acts which are prohibited only because there are laws forbidding
such acts.
Ex. Illegal possession of firearms, traffic violations.

CRIMINOLOGICAL CLASSIFICATIONS OF CRIME:

1. ACCORDING TO THE RESULT OF THE CRIME:


A. Acquisitive crime - if the offender acquired or gained something by committing the crime.
Ex. Robbery, estapa, bribery, etc.
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B. Extinctive crime - if the crime resulted in destruction, damage or even death.


Ex. Arson, murder and homicide, damage to property, etc.

2. ACCORDING TO THE TIME OR PERIOD OF COMMISSION:


A. Seasonal crimes - are crimes that happen only during a particular season or period of the year.
Ex. Violations of election law, tax law violations, etc.
B. Situational crimes - are crimes committed when the situation is conducive to its commission of
the crime and there is an opportunity to commit it.
Ex. Pickpocketing, theft, etc.

3. ACCORDING TO THE LENGTH OF THE TIME OF THE COMMISSION:


A. Instant crimes - are those crimes that can be committed in the shortest possible time/ a very
short time.
Ex. Theft
B. Episodic crimes - are crimes committed though series of acts or episodes and in much longer
time.
Ex. Serious illegal detention

4. ACCORDING TO THE PLACE OR LOCATION:


A. Static crimes - are committed in only one place.
Ex. Theft and robbery
B. Transitory/ continuing crimes - are crimes that take place in more that one place or several
places.
Ex. Abduction, kidnapping, etc.

5. ACCORDING TO THE USE OF MENTAL FACULTIES:


A. Rational crimes - when the offender is capable of knowing what he is doing and understanding
the consequences of his actions.
B. Irrational crimes - when the offender suffers from any form of mental disorders, insanity or
abnormality. Thus, the offender doesn’t know what he is doing.
6. ACCORDING TO THE TYPE OF OFFENDER:
A. White collar crimes - crimes committed by those persons belonging to the upper socio-economic
status or in the course of his occupational activities.
B. Blue collar crimes - are those committed by ordinary professional criminals to maintain their
livelihood.
C. Crimes of the upper world - Crimes committed by large scale syndicates.
D. Crimes of the lower world - Crimes committed by amateur criminals like snatching.

MODULE 10: Defining the Concept on the Existence of Crime

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

ESSENTIAL ELEMENTS OF CRIME/ TRIAD OF CRIME


1. Desire - it is what induces or pushes the person to commit crime.
2. Opportunity - this refers to the physical possibility that the crime could have been committed.
3. Capability - it is the ability of the eprson to execute the acts or ommission punishable by law.

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.

REQUISITES OF IMPOSSIBLE CRIMES


1. The act performed would have been an offense against persons or property.
2. The act was done with evil intent.
3. Its accomplishment is inherently impossible because the means employed is either inadequate or
ineffectual.
4. The act does not constitute another violation of the RPC.

KINDS OF INHERENT IMPOSSIBILITY


According to jurisprudence, there are two kinds of inherent impossibility;
1) Legal impossibility
2) Physical impossibility

Formal crimes - are crimes which are consummated in one instance.


Ex. oral defamation, there is no attempted oral defamation or frustrated oral defamation; it is
always in the consummated stage.
Material crimes - are crimes which undergo stages such as: attempted, frustrated and consummated.
For example: murder, homicide, etc

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.

3 Basic Elements of Crime (Legal Aspect):


1. INTENT – the actor must have had a guilty mind. Basis: “Actus non facit reum nisi mens sit rea”
The act is not committed if the mind of the person performing the act; complained of being
innocent.

Guilty act – actus reus


Guilty mind – mens rea

2. KNOWLEDGE – refers to whether the behavior in question was done knowingly.


3. FREEDOM – it refers to whether the actor exercises freewill.
A. Irresistible force - a force which produces such an effect upon an individual that, in spite of all
resistance, it reduces him to mere instrument and as such incapable of committing a crime.
B. Uncontrollable fear - presupposes that the accused is compelled by means of threat or
intimidation by third person to commit a crime.

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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Basis: “Actus me invito factus non est meus actus”


“THE ACT DONE BY ME AGAINST MY WILL IS NOT MY ACT”

MODULE 11: Identifying the Different Views on the Causes and Control of Criminal Behavior

HOW DO CRIMINOLOGISTS VIEW CRIME?


A. Consensus View - criminal behavior is behavior in violation of the criminal law.
- It is not a crime unless it is prohibited by the criminal law.
- The term consensus implies general agreement among a majority of citizens on what
behaviors should be prohibited by criminal law and henceforth be viewed as crimes.
- The law defines crime, agreement exists on outlawed behavior, and law applied to all citizens
equally.
B. Conflict View - The definition of crime is controlled by wealth, power, and position and not by
moral consensus or the fear of social disruption.
- It is a political concept designed to protect the power and position of the upper classes at the
expense of the poor.
- The law is a tool of the ruling class, the law is used to control the lower class, and crime is
politically defined.
C. Interactionist View of Crime - Crimes are outlawed behaviors because society defines them that
way and not because they are inherently evil or immoral acts.
- Moral entrepreneurs define crime and criminal labels are life-transforming events.

FOCAL POINTS IN THE EXPLANATION OF CRIMINAL BEHAVIOR


A. Criminal Anthropology - also called Anthropological criminology.
- It is based on perceived links between the nature of a crime and the personality or physical
appearance of the offender.
- study of criminality in relation to the spatial distribution in a community.
B. Criminal Psychiatry - It involves the assessment and treatment of mentally abnormal offenders,
as well as the legal aspects of psychiatry which require knowledge of the law relating to ordinary
psychiatric practice, civil law and issues of criminal responsibility.
- the study of human mind in relation to criminality.
C. Criminal Psychology - is a branch of the field of psychology which focuses on criminals.
- the study of human behavior in relation to criminality.
D. Physiognomy - it is based upon the ideas that the assessment of the person’s outer appearance,
primarily the face, may give insights into one’s character or personality.
- study of facial features and their relation to human behavior.

1. Giambatista Dela Porta - founder of human physiognomy.


- according to him, criminal behavior may be predicted based on facial featured of a person.
2. Johann Kaspar Lavater - he supported the belief of Dela Porta.
- He believed that a person’s character is revealed though his facial characteristics.

E. Phrenology, Craniology, or Cranioscopy - theory which determines character, personality, traits


and criminality on the basis of the shape of the head.
- study of the external formation of the skull in relation to the person’s personality and
tendencies toward criminal behavior.
F. Criminal Geography - criminal behavior is correlated to climate, humidity, wind velocity,
atmosphere pressure, rainfall, nature of soil and other geographical factors.
G. Sociological factors - causes of criminal behavior are the things, place and people with whom the
person comes in contact with and contributes to the development of criminal behavior.

SUSPECT - at police stage, during investigation


RESPONDENT - at Prosecutor’s Office during the determination of probable cause or during the
preliminary Investigation.
ACCUSED - at trial of the case, when a case has been filed in Court.
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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.

2. ACCORDING TO THE TYPES OF OFFENDER:


A. Ordinary criminal - a criminal who engages in crime which do not require specialized or technical
skill. The lowest form of criminal career; they engage only in conventional crimes.
B. Organized criminal - is one who possesses some skills and know-how which enable him to commit
crimes and evade detection.
C. Professional criminal - a highly skilled criminal who engaged in a large-scale criminal activities and
usually operates in groups.

3. ACCORDING TO CRIMINAL ACTIVITIES:


A. Professional criminal - a criminal who earns his living through criminal activities.
B. Situational criminal - a person who got involved in criminal act because the situation presented
itself.
C. Habitual criminal - one who repeatedly commits criminal act for different reasons.
D. Accidental criminal - a person who accidentally violated the law due to some circumstances.

Sigmund freud - father of psychoanalysis.


- he is known for his psychoanalytic theory.
- according to him, criminality is caused by the imbalance of three (3) components of
personality: the id, the ego, and the superego.

A. Id - Pleasure principle; refers to the impulse or instinct in social drive


B. Ego - Reality principle; forms the man’s physical organization between his sensory stimuli and his
motor activity.
C. Superego - Conscience of man; tries to correct or control the ego and represented by the voice of
God.

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”.

MODULE 13: Introducing the Brief Concept of Penology

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.

TWO DIVISIONS OF CORRECTION


1) Institutional Corrections
2) Non-Institutional Corrections
CORRECTIONAL ADMINISTRATION – the study and practice of a system management of jails or
prisons and other institutions concerned with the custody, treatment and rehabilitation of criminal
offenders.
PUNISHMENT - it is the redress that the state takes against an offending member of society that
usually involves pain and suffering.
Corporal punishment - A punishment for some violation of conduct which involves the infliction of
pain on or harm to the body.
PENALTY - defined as the suffering inflicted by the state against an offending member for the
transgression of law.

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.

7 CORRECTIONAL FACILITIES NATIONWIDE


1. The New Bilibid Prison (NBP) - is one of seven major facilities handled by the Bureau of
Corrections (BuCor), an agency under the Department of Justice located in Muntinlupa City.
- originally it was located in manila before it was transferred to municipal city in 1935.
- it was officially named the New Bilibid Prison on 22 january 1941.
- it has three security facilities/camps:
A. Maximum Security - for those whose sentence is 20 years and above.
B. Medium Security - also called Camp Sampaguita; for those whose sentence is less than 20 years.
C. Minimum Security - also called Camp Bukang Liwayway; for those who are physically-
handicapped, 65 years old and above,and those who have only 6 months remaining in their
sentence.
2. The Iwahig Prison and Penal Farm - is located at Barangay Iwahig, Palawan.
- established on 16 November 1904.
- Prison that evolved from the term “Iuhit” the name of the place before the penal facility was
founded.
3. The Sablayan Prison and Penal Farm - is situated in Occidental Mindoro, Philippines.
- established on 27 September 1954 by virtue of presidential Proclamation no. 72.
4. The San Ramon Prison and Penal Farm - is situated in Zamboanga City, Philippines.
- established on 21 August 1869.
- oldest penal facility in the philippines.
- established during the tenure of Governor General Ramon Blanco.
5. The Davao Prison and Penal Farm - located in Santo Tomas, Davao del Norte.
- established on 21 January 1932 by virtue of Act No 3732.
- Prison that was used as a concentration camp among American Prisoners of war.
6. The Correctional Institution for Women (CIW) - main branch is located in Mandaluyong City and
its satellite camp (CIW Mindanao), located at Juan Acenas Sub-Colony, in Sto. Tomas, Davao del
Norte.
- it was created by virtue of Act No 3579 enacted on november 1931.
7. The Leyte Regional Prison - located in Abuyog, Leyte.
- established on 16 January 1973 by virtue of Presidential Proclamation No. 72.

INSTITUTIONAL CORRECTIONAL AGENCIES IN THE PHILIPPINES


1. Bureau of Corrections (BUCOR) - it is attached agency of the Department of Justice.
- it has custody of prisoners sentenced to imprisonment of more than 3 years.
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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

2. Sentenced Prisoners - prisoners who were convicted by judgment rendered by a competent


court.
A. Municipal Jail Prisoners - Prisoners sentenced to serve a prison term of 1 day to 6 months.
B. City Jail Prisoners - Prisoners sentenced to serve imprisonment for 1 day to 3 years.
C. Provincial Jail Prisoners - Prisoners sentenced to serve imprisonment for 6 months and 1 day to 3
years.
D. National or Insular Prisoners - Prisoners sentenced to serve imprisonment for 3 years and 1 day
to Reclusion Perpetua or Life Imprisonment.

MODULE 14: Discussing the Concept of Theory

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

Scope and limitations - boundaries in term of time, sample location (scope)


- weakness of the study beyond the control of researcher (limitation).
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- 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.

1) Speculative - attempts to explain what is happening.


2) Descriptive - gathers descriptive data to describe what is really happening.
3) Constructive - revises old theories and develops new ones based on continuing research.
The critical point relating to theory construction is its purpose to predict.

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.

Monthly statistical reports


*Monthly report of cases handled by the police station
*Supplement on monthly report on cases handled by the police station
*Report of male persons arrested
*Report of female persons arrested

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.

Crime mapping serves three main functions within crime analysis:


1. It facilitates visual and statistical analyses of the spatial nature of crime and other types of events.
2. It allows analysts to link unlike data sources together based on common geographic variables (e.g.,
linking census information, school information, and crime data for a common area
3. It provides maps that help to communicate analysis results

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.

Types of Crime Mapping


1. Single-symbol maps - individual, uniform symbols represent features such as the locations of
stores, roads, or states.
2. Buffer is a specified area around a feature on a map. Buffers can be set at small distances, such as
50 feet, or larger distances, such as 500 miles, depending on the purpose and scale of the map.
Buffers help in crime analysis by illustrating the relative distances between features on a map.
3. Graduated mapping - crime analysts often use graduated maps—that is, maps in which different
sizes or colors of features represent particular values of variables.
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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.

MODULE 16: Identifying the Different Pioneers in the Study of Victimology

PIONEERS IN VICTIMOLOGY

Hans Von Hentig (1852-1934)


● One of the pioneers in Victimology tried to discover what made a criminal predisposed to
being a criminal.
● In his 1941 publication, von Hentig claimed the victim to contribute to the
criminal act.
● victim contribution largely results from characteristics or social positions
beyond the control of the individual.

Benjamin Mendelsohn (1809-1947)


● A Romanian lawyer is often credited as the father of Victimology. Mendelsohn was fascinated
by the dynamics between the victims and offenders.
● He used to ask victims, witnesses and bystanders to complete a detailed and probing
questionnaire before preparing a case. After examining their responses, Mendelsohn found that
usually there was a strong interpersonal relationship between victims and offenders.
● The father of Victimology, coined in the mid 1900

Stephen Schafer (1911-1976)


● He revisited the victim's role in his book ‘The Victim and His Criminal’.
● Schafer introduced the concept of ‘functional responsibility’ of the victim. Schafer (1968)
modified the typology provided by Hans von Hentig and presented his own classification.
● While Hentig tried to identify the varying risk factors, Schafer sets forth the
responsibility of different victim.

Marvin E. Wolfgang (1924-1998)


● Victim precipitation deals with the degree to which victim is responsible for his/her own
victimization.
● Using homicide data from the city of Philadelphia, Marvin Wolfgang reported that 26 percent
of the homicides that occurred from 1948 to 1952 resulted from victim precipitation.
● Defined victim-precipitated homicide as those instances in which the ultimate victim was the
first in the homicide drama to use physical force or violence against his subsequent attacker.
● Wolfgang views that “connotations of a victim as a weak and passive individual, seeking to
withdraw from an assaultive situation, and an offender as a brutal, strong and overly aggressive
person seeking out his victim, are not always correct.”

Menachem Amir (1921-1968)


● Menachem Amir examined the concept of victim precipitation through his empirical analysis
of rape victims in 1971.
● Amir concluded from his study of rape victims in Philadelphia that 19 percent of all forcible
rapes were victim-precipitated.
● Amir viewed that the role played by the victims and their contribution to the perpetration of
the offence becomes one of the main interests of the emerging discipline of 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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MODULE 17: Classifying the Different Types of Victim

Typology of Victims:

General Types of Victims


(Based on the classification of Hans Von Hentig, a 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. (TAGA
IBANG LUGAR KAYA HINDI NIYA ALAM ANG MGA RULES SA LUGAR NA PINUNTAHAN NIYA)
6. The Minorities – racial prejudice may lead to victimization or unequal treatment by the agency of
justice.(HINDI PANTAY ANG PAGTUTURING SA KANILA)

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. (HINDI NILA
ALAM ANG GINAGAWA NILA KAYA SILA NAGING BIKTIMA)
2. Victims with only minor guilt and those victimized due to ignorance. (WALANG MUWANG)
3. The victim who is just as guilty as the offender, and the voluntary victim. Suicide cases are
common to this category. (IKAW MAY KASALANAN KAYA IKAW NAMATAY)
4. The victim is more guilty than the offender – this category was described as containing persons
who provoked the criminal or actively induced their own victimization. (SIYA ANG DAHILAN KUNG
BAKIT SYA NAGING BIKTIMA)
5. The most guilty victim “who is guilty alone” – an attacker killed by a would be victim in the act of
defending themselves were placed into this category. (NAGKABALIGTAD SILA NANG SITWASYON SI
VICTIM ANG NAGING ATTACKER AT SI ATTACKER NAGING VICTIM)
6. The imaginary victim – those suffering from mental disorders, or those victims due to extreme
mental abnormalities.

MODULE 18: Explaining the Basic Theories of Victimization

Theories of Victimology

Victim precipitation Theory


People may actually initiate the confrontation that eventually leads to their injury
or death. Two types:
1. Active precipitation - occurs when victims act provocatively, use threats or fighting words, or
even attack first. (ALAM MONG MALI GINAGAWA MO PA)
2. Passive precipitation - occurs when the victim exhibits some personal characteristic that
unknowingly either threatens or encourages the attacker. (GINAGAWA MO PERO HINDI MO ALAM NA
NAKAKAPANGHIKAYAT KA NA SA ATTACKER)

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)

Deviant place theory


The greater their exposure to dangerous places, the more likely people will become victims of crime
and violence. (PAGPUNTA SA MGA LUGAR NA PILEGROSO)
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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.

MODULE 19: Illustrating the Fundamentals of Criminological Research (Part 1)

Research is defined as the scientific investigation of phenomena which include collection,


presentation, analysis and interpretation of facts that links an individual’s speculation with reality.
Characteristics of research
1. Empirical. Research is based on direct experience or observation by the researcher. The collection
of data relies on practical experience without giving consideration to scientific knowledge or theory.
2. Logical. Research is based on the valid procedures and principles. Scientific study is done in an
orderly manner so that the investigator has confidence in the results. Systematic examination of the
procedures used in the research enables the investigator to draw a valid conclusion.
3. Cyclical. Research is a cyclical process because it starts with a problem and ends with a problem.
4. Analytical. Research utilizes proven analytical procedures in gathering the data, whether historical,
descriptive, experimental, and case study.
5. Critical. Research exhibits careful and precise judgment. A higher level of confidence must be
established.
6. Methodical. Research is conducted in a methodical manner without bias using systematic method
and procedures.
7. Replicability. The research design and procedures are replicated or repeated to enable the
researcher to arrive at valid and conclusive results. Similarities and differences of replicated
researches can be compared.

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.

MODULE 20: Illustrating the Fundamentals of Criminological Research (Part 1)


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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.

MODULE 21: Determining the Concepts of Crime Statistics

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).

Crime Rate = Total No. of Reported Crime X 100,000


Total No. of Population

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