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CRIMINOLOGY
-The entire body of knowledge regarding crimes, criminals and the effort of
society to prevent and repress them.
-The scientific study of the causes of crimes in relation to man and society
who set and define rules and regulations for himself and other to govern.
THE EVOLUTION OF CRIMINOLOGY
- The term criminology was derived from the Italian term criminologia
coined by Raffaelle Garafalo,an Italian law professor, in 1885.
- In 1887, Paul Topinard, a French anthropologist, used the term
criminologie.
- An American criminologist in the person of Edwin Sutherland introduced
his own definition of the term criminology. According to him, criminology
is the entire body of knowledge regarding crime as a social
phenomenon. It includes within its scope the process of making
laws, of breaking laws and of reacting towards the breaking of the
laws.
1.
2.
3.
4.
NATURE OF CRIMINOLOGY
It is an applied science.
It is a social science. Crime is a social creation and it exists in a society
being a social phenomenon.
It is dynamic. Criminology changes as a social condition changes. It is
concomitant with the advancement of other science that have been
applied to it.
It is nationalistic. 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.
ELEMENT OF A FELONY
a) INTENTIONAL FELONIES:
- committed by means of dolo (deceit)
- The act or omission is performed with deliberate intent or malice
1) Freedom or voluntariness
2) Intelligence
3) Intent
b) CULPABLE FELONIES:
- committed by means of Culpa (fault)
- The act or omission of the offender is not malicious and the injury caused
by the offender is unintentional, it being the simply the incident of another
act performed without malice
1) Freedom or voluntariness
2) Intelligence
3) Negligence or imprudence (lack of
Foresight or lack of skill)
LEGAL CLASSIFICATION OF CRIMES
1) As to the manner crimes are committed:
a) by means of dolo or deceit
b) by means of culpa or fault
2) As to the stage in the commission of crimes:
a) Consummated crime - when all the element necessary for its
execution and accomplishment are present
b) Frustrated crime when the offender has performed all the acts of
execution which will 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) Attempted crime when the offender commences the commission of
crime 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) According to plurality:
a) simple crime single act constituting only one offense
b) Complex crime single act constituting two or more grave felonies or an
is a necessary means for committing the other
4) According to gravity:
a) Grave felonies those the law attaches the capital punishment or
afflictive penalties
It is uniform in application.
d) A son who struck his father would suffer the amputation of a hand
e) If in an assault a victims bone was broken, the same bone of the
assailant would be broken
2)
THE HITTITES
- The Hittites existed about two centuries after Hammurabi and eventually
conquered Babylon
Highlight of the laws of the Hittites:
- Capital punishment was used for many offenses, except for homicide or
robbery
- Rape, sexual intercourse with animals, defiance of the authority and sorcery
were all punishable by death
- The law of homicide provided for the restitution to the victims heirs
- Law enforcement and judicial functions were placed in the hands of
commanders of military garrisons
3)
CODE OF DRAKON
- knows as the ultimate in severity
- codified by Drakon, the Athenian lawgiver of the seventh century BC
Highlight of the Code of Drakon:
- Death was the punishment for almost every offense
- Murderers might avoid execution by going into exile; if they return to
Athens, it was not a crime to kill them
- Death penalty was administered with great brutality
4)
LAWS OF SOLON
- Solon was appointed archon and was given legitimate powers
- Solon repealed all the laws of the Code of Drakon, except the law on
homicide
- Solon was one of the first to see that a lawgiver had to make laws that
applied equally to all citizens and also saw that the law of punishment had to
maintain proportionality to the crimes committed
Highlights of the Laws of Solon:
- the thief was required to return stolen property and pay the victim a sum
equal to twice its value
- for the crime of temple robbery, the penalty was death
- for rape of a woman, the penalty was a fine of certain amount
5)
- Roman law began with the Twelve Tables which were written in the middle
of the sixth century BC
- the Twelve Tables were the foundation of all laws in Rome and written in
tablets of bronze
- the Twelve Tables were drafted by the Decemvirs, a body of men composed
of patricians
Highlight of the Twelve Tables:
- if a man break anothers limb and does not compensate the injury, he shall
be liable to retaliation
- a person who committed arson of a house or a stack of com shall be burned
alive
- judges who accepted bribes as well as those who bribed them were subject
to execution
- any act of treason was punishable by crucifixion
SCHOOLS OF THOUGHT IN CRIMINOLOGY
CLASSICAL CRIMINOLOGY
The classical school at criminology grew out of a reaction against
barbaric system of law, punishment and justice that existed. There was no
real system of criminal justice in Europe at that time. Some crimes were
specified, some were not. judges had discretionary power to convict a person
for an act not even legally defined as criminal.
This school of thought is based on the assumption that individuals
choose to commit crimes after weighing the consequences of their actions.
According to classical criminologists, individuals havefree will. They
can choose legal or illegal means to get what they want, fear of punishment
can deter them from committing crime and society can control behavior by
making the pain of punishment greater than the pleasure of the criminal
gains.
This theory, however, does not give any distinction between an adult
and a minor or a mentally-handicapped in as far as free will is concerned.
FOUNDER OF THE CLASSICAL CRIMINOLOGY
1) CESARE BONESANA MARCHESE DI BECCARIA (1738-1794)
- published a book entitled On Crimes and Punishment in 1764;
this book presented a coherent and comprehensive design for an
enlightened criminal justice system that was to serve the people
his book contains almost all modern penal reforms but its greatest
contribution was the foundation it laid for subsequent changes in
criminal legislation
- his book was influential in the reforms of penal code in France, Russia,
Prussia and it influenced the first ten amendments to the US
Constitution
HIGHLIGHTS OF CESARE BECCARIAS IDEAS REGARDING CRIMES AND
THE CRIMINAL JUSTICE SYSTEM
In forming a human society, men and women sacrifice a portion of
their liberty so as to enjoy peace and security
Punishment that go beyond the need of preserving the public safety
are in their nature unjust
Criminal laws must be clear and certain. Judges must make
uniform judgments in similar crimes.
The law must specify the degree of evidence that will justify the
detention of an accused offender prior to his trial.
Accusations must be public. False accusations should be severely
punished.
To torture accused offenders to obtain a confession is
inadmissible.
The promptitude of punishment is one of the most effective curbs
on crime.
The aim of punishment can only be to prevent the criminal from
committing new crimes against his countrymen, and to keep others from
doing likewise. Punishments, therefore, and the method of inflicting them,
should be chosen in due proportion to the crime, so as to make the most
lasting impression on the minds of men
Capital punishment is inefficacious and its place should be
substituted life imprisonment.
It is better to prevent crimes than to punish them. That is the
chief purpose of all good legislation.
JEREMY BENTHAM
- founded the concept of UTILITARIANISM - assumes that all our
actions are calculated in accordance with their likelihood of bringing
pleasure and pain
Rational Choice theory = law violating behavior occurs when the offender
decides to risk breaking the law after considering both personal factors and
situational factors.
Offense specific = means that criminals does not simply engage in
random acts of anti-social behavior.
Offender-specific =means that criminals does not simply engage in
random acts of anti-social behavior.
Three essential elements in decision making as to commit or not to
commit crime:
1) Type of crime
2) Time and place of crime
3) Target
NEOCLASSICAL CRIMINOLOGY
This theory modified the doctrine of free will by stating that free will of
men may be affected by other factors and crime is committed due to some
compelling reasons that prevail. These causes are pathology, incompetence,
insanity or any condition that will make it impossible for the individual to
exercise free will entirely. In the study of legal provisions, this is termed as
their mitigating or exempting circumstances.
POSITIVIST CRIMINOLOGY
During the late eighteenth century, significant advances in knowledge
of both the physical and social world influenced thinkingabout crime.Forces
of positivism and evolutionism moved the field of criminology from
philosophical to a scientific perspective.
Positive theorist was the first to claim the importance of looking at
individual difference among criminals. These theorists focused on biological,
psychological and sociological causation of crime.
CESAR LOMBBROSO
id impulses are not social and must be repressed or adapted so that they
may become socially acceptable
b) EGO this is considered to be the sensible and responsible part of an
individuals personality and is governed by the reality principle; it is
developed early in the demands of the id by helping the individuals
guide his actions to remain within the boundaries of accepted social
behavior; it is the objective, rational part if the personality.
c) SUPEREGO serves as the moral conscience of an individual; it is
structured by what values were taught by the parents, the school and the
community, as well as belief in God; it is largely responsible for making a
person follow the moral codes of society. It is divided into two parts:
conscience (tells what is right or wrong) and ego ideal (direct the
individual to morally acceptable and responsible behaviors, which may not
be pleasurable).
PSYCHOSEXUAL STAGES OF HUMAN DEVELOPMENT
EROS = the most basic human drive present of birth (the instinct to
preserve and create life). An expressed sexually.
Oral stage = usually during the first year of life when the child attains
pleasure by sucking and biting.
Anal stage = focus on the elimination of bodily wastes during the
second and third years of life.
Phallic stage = during the third year when child focus their attention
on their genitals.
Oedipus complex = a stage of development when male begin
to have sexual feelings for their mother
Electra complex = a stage of development when girls begin to
have sexual feelings for their fathers.
Latency = begins at age 6. Feelings of sexuality are expressed
until the genital stage begins at puberty; this marks the beginning of
adult sexuality.
Fixated person = exhibit behavior traits characteristics of
those encountered during infantile sexual development e.g. an infant
who does not receive enough oral gratification during the first year of
life is likely as an adult engage in such oral behavior as smoking,
drinking, or drug abuse and others.
PSYCHOLOGICAL THEORIES OF CRIME CAUSATION
1)
psychologically prepared youth for antisocial acts. He called this mental state
the latent delinquency, found on youth whose personality requires acting
in the following ways: (1) seek immediate gratification, (2) consider
satisfying their personal needs more important than relating to others, and
(3) satisfying instinctive urges without considering right and wrong (they
lack guilt)
Isaac Ray = an acknowledged American psychiatrist who popularized the
concept of moral insanity in his book, A Treatise on the Medical
Jurisprudence of Insanity.
c)
SOCIOLOGICAL DETERMINISM
- sociological factor refers to things, places and people with whom we
come in contact with and which play a part in determining our action and
conduct. These causes may bring about the development of criminal
behavior
1)
a)
b)
c)
EMILE DURKHEIM
one of the founding scholars of sociology
published a book Division of Social Labor, which become a landmark
work on the organization of societies according to him:
crime is as normal a part of society as birth and death
crime is part of human nature because it has existed during
periods of both poverty and prosperity
as long as human differences exists which is one of the
fundamental conditions of society, it is but natural and
expected that it will result to criminality
One of his profound contributions to contemporary criminology is the
concept of anomie, the breakdown of social order as a result of loss
of standard and values
2)
GABRIEL TARDE (1843-1904) forerunner of modern day
learning theorists,
- introduced the Theory of Imitation, which governs the process by
which people become criminals
- The Theory of Imitation is explained by the following patterns:
a) Pattern 1 : individuals imitate others in proportion to the intensity
and frequency of their contact
b) Pattern 2 : inferiors imitate superiors
c) Pattern 3 : when two behavior patterns clash, one may take place of
the other
3)
-
ADOLPHE QUETELET
He repudiated the free will doctrine of the classicists
He founded what is known as the CARTHOGRAPHIC SCHOOL OF
CRIMINOLOGY, together with ANDRE MICHAEL GUERRY
This study used social statistical data and provided important
demographic information on the population, including density, gender,
religious affiliations and social economic status
He found a strong influence of age, sex, climate condition, population
composition and economic status in criminality
4)
ENRICO FERRI
- a member of the Italian parliament
- he believe that criminals could not be held morally responsible because
they did not chose to commit crimes but was driven to commit them by
conditions of their lives
SOCIOLOGICAL CONCEPTS AND CRIME CAUSATIONS
The study of sociology provides many ideas and opinions that help in
understanding why a person becomes a criminal.
SOCIAL NORMS
- Also called rules of conduct
- shared standard of behavior which in turn require certain expectations of
behavior in a given situation
- Socially accepted and expected behavior or conduct in society
- set of rules that govern an individuals behavior and action
SOCIALIZATION
- refers to the learning process by which a person learns and internalizes the
ways of society so that he can function and become an active part of society.
CULTURE
- refers to the system of values and meanings shared by a group of
individuals including the embodiment of those values and meanings in
material object
- refers to the way of life, modes of thinking, acting and feeling
- it is a design of living that is transmitted from one generation to the next
MODERN EXPLANATION OF CRIMES AND
CRIMINAL BEHAVIOR
A)
SOCIAL STRUCTURE THEORY = views that disadvantage economic
class position is a primary cause of crime
1) SOCIAL DISORGANIZATION THEORY
- Focused on the conditions within the urban environment that affect
crime rates
- Links crime rate to neighborhood ecological characteristics
- Views crime ridden neighborhoods as those in which residents are
uninterested in community matters; therefore, the common sources of
control family, school, church, and barangay authorities are weak and
disorganized
- Also called differential social organization
Shaw and Mckay = works on social ecology (environmental forces
that have a direct influence on human behavior) as influence by urban
sociologist Robert Ezra Park and Ernest Burgess was focused on social how
their breakdown influences deviant and anti-social behavior. He popularized
social disorganization theory.
2)
STRAIN THEORY
- holds that crime is a function of the conflict between the goals people have
and the means they can use to legally obtain them
- argues that the ability to obtain these goals is class dependent: members of
the lower class are unable to achieve these goals which come easily to those
belonging to the upper class
- Consequently, they feel anger, frustration and resentment, referred to a
STRAIN
- The commission of crimes with the aim of achieving these goals results
from this conflict
3)
CULTURAL DEVIANCE THEORY
- combines the elements of both strain and disorganization theories
- theories that in order to cope with social isolation and economic
deprivation, members of the lower class create an independent subculture
with its own set of rules and values
Cultural transmission = the concept that conduct norms are passed down
from one generation to the next so that they become stable within the
boundaries of a culture.
B)
-
Criminology 2
PHILIPPINE CRIMINAL JUSTICE SYSYTEM
CRIMINAL JUSTICE SYSTEM
- The sum total of instrumentation which a society uses in the
prevention and control of crime and delinquency.
- The machinery of the state or government which enforces the rules of
conduct necessary to protect life and property and to maintain peace
and order.
- Comprises all means used to enforce these standards of conduct,
which are deemed necessary to protect individuals and to maintain
general well-being of the community.
FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
1)
2)
3)
4)
5)
LAW ENFORCEMENT
PROSECUTION
COURTS
CORRECTIONS
COMMUNITY
DUTIES OF A PROSECUTOR
1) To conduct preliminary investigation:
2) To make proper recommendation during the inquest of the case
referred to them by the police after investigation of the suspect;
3) To represent the government or state during the prosecution of the
case against the accused
NATIONAL PROSECUTION SERVICE (NPS)
- The principal prosecutory arm of the government
- Its primary task is to investigate and prosecute all criminal offenses
defined and penalized under the Revised Penal Code and other special
laws
- Composed of the Office of the Chief State Prosecutor, the Regional
State Prosecution Offices and the Provincial and City Prosecution Office
- Under the general supervision and control of the Secretary of the
Department of Justice
- The Chief State Prosecutor is the head of the Prosecutorial Staff
PRELIMINARY INVESTIGATION
- An inquiry or proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof
- It is requires to be conducted before the filling of the information for an
offense where the penalty prescribed by law is at least four years,
two months and one day
PROBABLE CAUSE
- The existence of such facts and circumstances as would excited a
belief in a reasonable mind, acting on the facts within the knowledge of
the prosecutor, that the person is guilty of the crime for which he is
prosecuted
- Such facts and circumstances which would lead a reasonably discreet
and prudent man to believe that an offense has been committed by
the person sought to be arrested
Pleading = refers to written allegation of the parties to the case
= are the written statement of the respective claims and defenses of the
parties submitted to the court for appropriate judgment (Rule 6, sec 1, RC)
COMPLAINT
- A sworn, written statement charging a person with as offense,
subscribed by the offended party, any peace officer or other public
officers, charged with the enforcement of the law
- It may be filled either before the prosecutors office or the court
INFORMATION
- An accusation in writing charging a person with an offense subscribed
by the fiscal and filed with the court
OFFENDED PARTY
- The person against whom or against whose property the crime was
committed
PEACE OFFICERS
- Officers directly charged with the preservation of peace, law and order
- Includes members of the Philippines National Police
PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION
(PNO[s)
1) Provincial or city prosecutor and their assistants (PCP)
2) Judges of the municipal trial courts and municipal circuit trial courts
(No longer allowed)
3) National and regional state prosecutors (NRSP)
4) Other officers as may be authorized by law:
a) Tanodbayans special persecutors as authorized by the
Ombudsman
b) COMELECs authorized legal officers in connection with election
offenses
c) Special prosecutors appointed by the Secretary of Justice
PROCEDURE OF PRILIMINARY INVESTIGATION
1) There must be a complaint accompanied by the affidavit of the
complaint and his witnesses as well as other supporting documents to
establish probable cause.
2) The investigating prosecutor shall either dismiss the case or issue a
subpoena to the respondent within ten (10) days after filling of the
complaint.
The Secretary of Justice has the power to modify the resolution of the
provincial, city of chief state prosecutor. The Secretary may affirm or
reverse the resolution of the provincial, city or chief state prosecutor
without conducting another preliminary investigation.
THIRD PLLAR: COURTS
COURT
- An organ of the government belonging to the judicial department
whose function is the application of the laws to controversies brought
before it and the public for the administration of justice.
JUDICIARY
- That branch of the government which is vested with judicial power.
- That branch of the government which is empowered to interpret,
construe and apply the laws
JUDICIAL POWER
- The power to apply the laws to contest or disputes concerning legally
recognized right or duties of and between the state and the private
persons or between individual litigants in case properly brought before
the judicial tribunals.
- Vested in one Supreme Court and in such lower courts.
POWER OF JUDICIAL REVIEW
- The power of the Supreme Court to determine whether laws passed by
Congress and acts to the President are in accord with the Constitution
when the matter is raised.
JUDGE
- A public officer so named in his commission and appointed to preside
over and to administer the law in a court of justice
JURISDICTION
- The power and authority of court to hear , try and decide cases
KINDS OF JURISDICTION
1) General when the court is empowered to decide all disputes which
may come before it except those assigned to other courts.
2) Limited when the court has authority to hear and determine only a
few specified cases.
3) Original when the court can try and hear a case presented for the
first time
4) Appellate when the court can try a case already heard and decided
by a lower court, removed from the latter by appeal.
5) Exclusive when the court can try and decide a case which cannot be
presented before any other court.
6) Concurrent when any of two or more courts may take cognizance of
a case.
BP 129 = otherwise known as the Judiciary Reorganization Act of 1980
ORGANIZATION AND JURISDICTION OF THE
COURTS
SUPREME COURT
- Composed of a Chef Justice and 14 Associate Justices
- Shall have administrative supervision over all courts
- Shall have the power to discipline judges of the lower courts
- Shall have appellate jurisdiction over cases decided by the Court of
Appeals
- Shall have the power of judicial review
COURT OF APPEALS
Headed by a Presiding Justice
Has appellate jurisdiction over cases decided by the RTC
REGIONAL TRIAL COURTS
Presided by a Regional Judge
Has general jurisdiction over criminal case
Has jurisdiction over offense punishable with imprisonment of six years
one day and over
Has appellate jurisdiction over cases decided by the MTC and MCTC
II.
Definition
The word ethics was derived from the Late Latin ethnicus, from
Greek Ethnikos
Which means national, which means nations, people; akin to Greek
ethos custom (Websters New Explorer Encyclopedic Dictionary,
2006).
Ethics based on its etymological meaning is taken to mean as a
philosophical science that deals with the morality of human conduct or
human acts (Babor, Ethics, 2008).
Ethics is the practical science of the morality of human conduct
(Glenn, Ethics).
Nature/Concept of Ethics
a. It is a division of Philosophy under the Normative Philosophy
Generally, Philosophy can be divided into four disciplines: (1)
descriptive or speculative, (2) normative, (3) practical, and (4) critical. Ethics
is more concerned of Normative Philosophy since it is more concerned on
what is good or bad? Or what is right action and wrong action?
b. It is a Practical Science
Ethics is also a science for it is the result of series of studies, a
systematized body of data reflected upon truth in relation to action. Towards
this discovery of truth, sets of implied rules or directions for thought or
action are established this makes the ethics more of a practical science.
c. It focus on Human Acts
Human acts are the material object of the study of ethics. It shall
mean only those acts which are determined by the free will. It is
characterized as acts done deliberately, freely or voluntarily. Acts which are
done by man but without the use of the power of free choice are act of
human. Therefore, acts of man are not human acts.
d. it is the science of the morality of human
acts
Ethics does not end with the study of human acts, if human act is the
material object of the study of ethics its formal object is the rectitude (right
morality) of human acts. Human acts may either be in agreement or
disagreement with the dictates of reason. Hence Ethics deals with the
morality of human conduct it is what makes us humans as differentiated
from other living creatures in their ways of living.
III.
Division of Ethics
Ethics has two major divisions: the general Ethics and Special Ethics.
General ethics presents the general principles of morality of human acts
while Special ethics provides for the application of the principles of
general ethics to particular department of human activity, individual or
social.
IV.
Human Acts
A. Definition:
Human act is an act which proceeds from the deliberate any sort of
activity, internal or external, physical or spiritual, performed by human
being. However, as used in this text, it shall be limited to those human acts
which are proper to man as man.
B. Classification of Human Acts
Human acts may be classified either in relation to the will or in relation
to reason:
1. Human Acts in relation to the will:
a) Elicited acts are those human acts that are complete or adequate
cause, they begin and perfected in the human will itself such as wish,
intention, consent, election, and other. Just like when a student decided
to go to work with his assignment before going to plays with his friends
his intention is a simple will-act (elicited act).
b) Commanded acts are those are done in relation to the dictates of
reason. They begin in the will but are perfected by other faculties
under the control of the will. Thus, when a student decided to work first
with his assignment before playing with his friends gets his books and
notebooks and works with his assignment is an example of a
commanded act.
2. Human acts in relation to reason:
MORALITY
= the quality which makes an act good or evil, right or wrong.
HUMAN ACTS
Actions that are done knowingly, deliberately and freely.
BASES OF MORALITY
1) SOCIAL NORMS unwritten standard of acceptable behavior in
society
a) Customs
b) Tradition the handling down from generation to generation of
opinions and practices.
c) Culture2) LAWS OF SOCIETY written rules of behavior
a) Laws created by men to maintain harmony and order
3) RELIGION a system of beliefs and practices based on faith and
truths revealed to man by God
4) CONSCIECE the practical judgment of reason telling us what should
be done and what should be avoided; reflection is ones character
CHARACTER
- refers to the traits of a person shown through his thoughts, action,
values and virtues
Character is what you do when nobodys looking.
- Anonymous
VALUE/S
- refer to anything that a person considers important, such as idea or
experiences
-These are ones belief, principles, that are important, cherished, upheld
and defended
- they affect and influence how one thinks and feel, what one perceives,
shape ones goals, objectives and aspirations
-These dictate ones lifestyle and lifes choices and decisions
VIRTUE/S
- The habit of doing what is good or right
- The opposite of which is vice
FOUR (4) MORAL/CARDINAL VIRTUES
1) PRUDENCE
- The ability to make decision by means of reason and sound judgment
- the virtue that attracts the intellect to choose the most effective means
for accomplishing what is good and avoiding what is evil.
2) FORTITUDE
- Firmness of mind; the courage to endure without yielding the virtue that
gives a person strength of the will; the virtue that incites courage
Examples of Fortitude:
a) PATIENCE
- The ability to be calm in enduring situations
b) PERSERVERANCE
- The ability to go on despite obstacles
c) ENDURANCE
- The ability to last
3) TEMPERANCE
- The ability to moderate ones instincts and emotions; the virtue that
regulates a persons wants; also means self-control
4) JUSTICE
- The virtue that inclines the will to give to each what is due to him; the
virtue that inclines the will to respect the rights of others
MAENING OF JUSTICE
1) To render to each his due
2) Treat equals equally and unequal unequally in proportion to their
inequality
THREE (3) DIVISION OF JUSTICE
1) COMMUTATIVE JUSTICE
-regulates those actions that involve the rights that exist between
individuals
-calls for fundamental fairness in all agreement and exchanges
between individuals or private social groups
-demands respect for the equal human dignity of all persons in
economic transaction contract or promises
Examples:
Workers owe their employers diligent work in exchange for their
wages.
Likewise, employers owe their workers payment for work done.
2) DISTRIBUTIVE JUSTICE
-regulates those actions that involve the rights that an individual may
claim from society
BILL OF RIGHTS
-a list of individual liberties, freedom and rights which are guaranteed and
protected under Article lll of the 1987 Philippine Constitution
-protection of individuals against abuses of the state
-protection of the rights of an accused
SPECIAL ETHICS
the study of the application of the general principles of morality
PROFESSIONAL ETHICS
-a sub-branch of special ethics
-a set of moral code to which every profession must subscribe
-aims to guide the actuations of the professional in the practice of his
profession
Examples of professional ethics
1) Medical ethics
2) Business ethics
3) Legal ethics
4) Code of ethics of teachers
5) Code of ethics of public officials
6) POLICE ETHICS
POLICE ETHICS
-a practical science that treats the principles of human morality and duty as
applied to law enforcement
PHILIPPINE NATIONAL POLICE CODE OF PROFESSIONAL CONDUCT
AND ETHICAL STANDEARDS
BRIEF HISTORICAL BACKGROUND ON THE PNP CODE OF
PROFESSIONAL CONDUCT AND ETHICAL STANDARDS
According to Section 37 of RA 6975. There shall be established a
performance evaluation system which shall be administered in accordance
with the rules, regulations and standards, and a CODE OF CONDUCT
promulgated by the Commission for members of the PNP
NAPOLCOM RESOLUTION NO 92-4
-the resolution issued by the NAPOLCOM approving the draft of the PNP Code
of Professional Conduct and Ethical standards by the PNP
-approved on 12 March 1992
PURPOSE OF THE CODE
-the test of police efficiency is the reduction of crime and disorder until
totally eradicated, not by evidence of police presence and action in dealing
with the community
Rules of Engagement Impartially Observed
-police officers must always abide by the prescribed procedures in
conducting police operations
ABUSE OF DISCRETION
-the use of discretion in such a way as to deprived a person of his right
-police officers must NEVER ABUSE POLICE DISCRETION granted to them
POLICE DISCRETION
-the act or the liberty to decide according to the principles of justice and the
police officers ideas of what is right and proper under the circumstances
PNP core values
1) Love of God
2) Respect for Authority
3) Selfless Love and Service to people
4) Sanctity of marriage and Respect for Women
5) Responsible Dominion and Stewardship over Material Things
6) Truthfulness
POLICE OFFICERS CREED
I believe in God, the Supreme Being, a Great Provider, and the Creator
of all men and everything dear to me. In return, I cannot less than love him
above all, seek His guidance in the performance of my sworn duties and
honor Him at all times.
I believe that respect for authority is a duty. I respect and uphold the
constitution, the laws of the land and the applicable rules and regulations. I
recognize the legitimacy and authority of the leadership, and follow and obey
legal order of my superior officers.
I believe in selfless love and service to people. Towards this end, I
commit myself to the service of my fellowmen over and above mu personal
convenience.
I believe in the sanctity of marriage and respect for women. I shall set
example of decency and morality and shall have high regard for family life
and chastity.
I believe in responsible dominion and stewardship over material things.
I shall inhibit myself from ostentatious display of my property. I shall protect
the environment and conserve nature to maintain ecological balance. I shall
respect private and public properties and prevent others from destroying
them.
-police officers must NEVER ASK for recommendation from public officials in
matters pertaining to promotion, assignment, awards and others
POLICE PROFESSIONAL CONDUCT
1) Commitment to Democracy
2) Commitment to Public Interest
3) Non-partisanship
4) Physical Fitness and Health
5) Secrecy Discipline
6) Social Awareness
7) Proper Care and use of Public Property
8) Non-Solicitation of Patronage
9) Respect for Human Rights
10)
Devotion to Duty
11)
Conservation of Natural Resources
12)
Discipline
13)
Loyalty
14)
Obedience to Superior
15)
Command Responsibility
Commitment to democracy
-police officers must never forget that they are public servants and they
must at all times uphold the Constitution and be loyal to the country the
people and the PNP organization
Commitment to Public Interest
Public interest = for the good of the people or community
-police officers must always uphold public interest over and above personal
interests
-police officers must respect the facts that their resources are funded by
taxpayers money and should therefore be used wisely and economically to
avoid wastage of public funds
Non-Partisanship
-police officers must not be identified with any particular political party or
figure
-they must extend their assistance to all regardless of party affiliation
Secrecy Discipline
-police officers must guard the confidentiality of all official to the official
function of the police organization
-disclosure must always be authorized
Devotion to Duty
-police officers must perform their duties with dedication, thoroughness,
efficiency, enthusiasm, determination and manifest concern for public
welfare
Discipline
-police officers must act and behave according to the rules and regulations of
the organization at all times
Loyalty
-police officers must be loyal to the Constitution and to the police service, as
manifested by their loyalty to their superior peer and subordinates
Obedience to Superior
-police officers must obey lawful order of their superiors
-police officers must always be courteous to superior and other appropriate
authorities within the cahin of command
POLICE ETHICAL SATNDARD
ETHICAL STANDARDS
-refers to established and generally accepted moral values and ethical acts
1) Morality
2) Judicious Use of Authority
3) Justice
4) Humility
5) Orderliness
6) Perseverance
7) Integrity
Morality
-police officers must adhere to high standard of morality and decency and
shall set good examples for other to follow
-they must not be involved with illegal activities
-they shall be loyal to their spouses
Judicious Use of Authority
Judicious = wise; proper
-police officers must exercise proper and legitimate use of authority in the
performance of duty
Integrity
-police officers must not allow themselves to be victims of corruption and
dishonest practices in accordance with applicable laws
Humility
-police officers must never forget that they are public servants and not
master of the people
-they should perform their duties without arrogance
Orderliness
-police officers must follow logical procedures in accomplishing tasks to
minimize waste of time, money, effort, and other resources
Perseverance
-police officers must exert all effort to achieve their goal or mission even in
the face of difficulties and obstacles
POLICE CUSTOMSA AND TRADITIONS
CUSTOMS
-rules conduct formed by repetition of acts uniformly practiced as social rules
-establishing usage or social practices carried on by tradition that have
obtained the force of law
POLICE CUSTOM ON COURTESY
COURTESY
-a manifestation or expressions of consideration and respect
SALUTE
-the usual greeting rendered by uniformed members in recognizing persons
entitled to a salute
SALUTE TO NATIONAL COLOR AND STANDARD
-refers to the Philippines Flag
ADRESS OR TITLE
-PNP members who are junior in rank must address senior members wit SIR
OR MAAM
COURTESY CALL
-when a police officers appears before a superior officer as a sign of respect
and in acknowledgment of the latters authority or position
COURTESY CALL
1) Courtesy call of newly-assigned or newly-appointed members
2) Christmas Call
3) New Years Call
4) Promotion Call
5) Exit Call
6) Courtesy of the Post
Police customs on ceremonies
CEREMONY
-a format act or set of formal acts established by customs or authority as
proper for special occasions
1) Flag Raising Ceremony
2) Flag Retreat Ceremony
3) Half-Mast
4) Funeral service and Honors
5) Ceremony Tendered to Retiree
6) Honor ceremony
7) Turn-Over Ceremony
8) Wedding Ceremony
9) Anniversary
POLICE CUSTOMSA ON SOCIAL DECORUM
SOCIAL DECORUM
-a set of norms and standard practiced by police officers during social and
other factions
1)
Proper Attire
-wearing of prescribed uniform
-wearing, as part of uniform, awards and decorations earned in accordance
with the prescribed rules and regulations
-adherence to haircut prescribed by rules and regulations
-manner of walking: police officers are expected to walk with pride and
dignity
Other police customs
1) Visiting the Sick
2) Survivor Assistance to Heirs of Deceased Members
3) Visiting Religious Leaders
4) Athletics
5) Happy Hour
Informal get-together at the PNP Club
-usually on Friday, or any other day suitable
for the occasion
RANK-HAS-ITS-OWN-PRIVILAGE
-the practice where different ranks carry with them corresponding privileges
POLICE TRADITIONS
1) Spiritual beliefs PNP member are traditionally religious and
God-loving person
2) Valor = courage or bravery
3) Patriotism = love of ones country
4) Discipline = instinctive obedience to lawful orders and spontaneous
actions guided by ethical and legal norms
5) Gentlemanliness = being upright in character, gentle in manners,
dignified in appearance and sincere in their concern for others
6) Word of Honor = commitment to ones pledge or promise
7) Duty = PNP members have exemplified themselves as dedicated
public servants
8) Loyalty = commitment to PNP organization, to the country and to the
people
9) Camaraderie = the binding spirit that enhances teamworks; sense of
brotherhood
POLICE OFFICER PLEDGE
1) I will love and serve God, my country and people;
2) I will uphold the Constitution and obey legal orders of the dutyconstituted authorities
3) I will oblige myself to maintain a high standard of morality and
professionalism
4) I will respect the customs and traditions of the police service; and
5) I will live decent and virtuous life and to serve as an example to others.
PNP ETHICS DAY
-celebrate yearly on 7 January
-stared on 7 January 1995 and celebrated every year thereafter
POLICE COMMUNITY RELATIONS
I. Definition of Terms:
1. Police Community Relations it is the sum total of dealing of the
police with the people it serves and whose goodwill and cooperation it craves
for the greatest possible efficiency in public service.
2. Police Public Relations it is the continuing process by which
endeavors are made to obtain the goodwill and cooperation of the public for
effective enforcement of the law and accomplishment of the police purpose
3. Public Relations it is the act of bringing about better
understanding, confidence and acceptance for an individual or an
organization,
4. Human Relations consists of those fundamental precepts, both
moral and legal, which govern the relationship of man in all aspect of life.
5. Public Information Program it is designed to bridge any
communication gap between the police and the public. It is the basic
ingredient in effective police community relations.
6. Civic Action Program - a program which makes the policemen a
friend and partner of the people for progress as well as their defender.
7. MASSCOM Program it is designed to influence the opinions,
emotions, attitudes, and behavior of the public so that they will behave in
manner beneficial to the police service.
8. Propaganda it is the planned use for the public or a mass
communication for a public purpose.
9. Integrated Police Advisory Council a council that involves local
officials and the citizenry in the preservation of peace and order ant the
promotion of public safety.
II. Introduction
The basic purpose of preserving the peace and protecting life and
property is accomplished by controlling the behavior of people. A persons
conduct is determined either by what he wants to do, or by what he is afraid
to do. Compliance with law and regulation is obtained either by developing or
by compelling people to conform by threat of punishment. Hence, the two
processes, enforcement and the development of attitudes favorable to law
observance, cannot be completely separated, with the police free to choose
and reject the other; their use is a matter of judgment varying degree or
emphasis.
The primary concern of the PNP is to earn and maintain the greatest
possible public confidence. Police effectiveness depends largely upon public
support based on faith of the people in their police. To ensure maximum
efficiency, the PNP shall endeavor to gain public support by conducting
massive and sustained activities in the field of good community relations.
Consequently, the active interest and participation of the citizens is a
source so vital to an effective, efficient, economic and harmonious law
enforcement and public safety that deliberate efforts should be made to
arouse, promote and maintain public concern in the objective and affairs of
the PNP.
III. Span or Components or Coverage of Police
Community Relations:
1. Public Information Program
2. Public Relations Program
3. Civic Action Program (CAP)
4. Mass Communication Program (Masscom)
Consistent with the facilities at its disposal, all PNP units shall conduct
civic action program.
The Civic Action Program is one which makes policemen a friend, and
partner of the people for progress as well as their defender. It can range
upward from basic individuals acts of courtesy to disaster relief, to local
assistance programs in the concept of self-help, up to major engineering
projects.
It shall encourage and actively participate in athletic competition to
promote youth development, by wisely coordinating with the social elements
of the populace.
It may initiate if necessary, fund-raising campaign for juvenile
delinquents who are being reformed. Is a state of calamity, every member of
the PNP shall be alert to safeguard the community against loss and damages
of properties and possible deaths.
He shall encourage resident in hid jurisdiction to help in activities
designed to enhance economic self-sufficiency by actively participating in
Green Revolution and Food Production campaign of the government.
He shall discourage residents from loitering in the streets or engaging
in uneconomic activities such as illegal, gambling, alcoholism, drugs and
others.
He shall promote and actively participate in the establishment on small
cottage industries with special attention to the out-of-school youth.
In summation, the principle involve in the PNP Civic Action Program is
that the police is part of and not apart from society. They are considered as
servants of the community who depend for the effectiveness of their
functions upon the express wishes of the people.
Suggested Activities for Students: Role playing
Mass communication program (MassCom):
MASSCOM Program shall design to influence the opinion, emotions,
attitude, and behavior of the public so that they will behave in a matter
beneficial to the unit in particular and the PNP in general.
Policemen should be equipped with a basis knowledge of Mass Com
and must devote time for a heart-to-heart talk or dialogue with the people,
particularly the youth whom he shall strive to mold into useful and lawabiding citizens.
The PNP unit conducting the program shall condition the citizenry to
adhere to the laws of the land and dissuade them from committing crimes,
thereby minimizing their changes to engage in criminal activities and
VIII.
Criminology 4
(Juvenile Delinquency)
JUVENILE DELINQUENCY
It refers to an anti-social act or behavior which deviates from the
normal pattern of rules and regulations, customs and culture which society
does not accept and which there justifies some kind of punishment or
corrective measures. A delinquent is one whose behavior has brought a
minor or child in repeated conflict with the law.
Juvenile
- Refers to a persons of tender year
- A minor, a youth or those who are not emancipated by law.
- Those who are below the age of majority
- Refers to a persons below 18 years of age or those but are unable to
fully take care of themselves from abuse, neglect, cruelty, exploitation
or discrimination because of physical or mental disability or conditions.
- R.A. 6809 an act lowering the age of majority from 21 to 18 and
amending for such purpose E.O. 209.
Status Offense
Refers to an act or omission which if committed by an adult may not be
considered punishable but which are generally considered wrong once
committed by minor such as: Truancy, curfew violation, loitering, running
away from home without justifiable cause and others.
Types of Delinquent Youth
1. Social (Socialized) = those who become delinquent due to their
association with people in the society to whom they learned deviant
values and later become an aggressive type who recent the authority
of anyone who make an effort to control his behavior.
2. Neurotic = those who become delinquent as a result of distortion in
their personality and their ideas and perception of the world around
them. Internalize his conflicts and pre-occupied with his own feelings.
3. Psychotic = those with severe personality disorder have a
significantly distorted perception of the society and people around
them. They are likely to commit acts of violence including murder.
4. Sociopathic = characterized by egocentric personality they have
limited or no compassion for others. Many violent gangsters are
sociopathic.
5. Accidental = he is less identifiable in character, essentially socialize
law abiding but to be at the wrong place of the wrong time and
success in a world that is charging too fast for them to understand. Some of
the results of a crime inducing environment are the following;
1. Association with criminal groups;
2. Alcoholism and drug addiction;
3. Impulse of fear;
4. Crime-inducing situations that causes criminalistic tendencies;
and
5. Imitated instinct like selfishness, violence and anti-social
wishes.
The environment of a child plays a big role in his development as an
individual since it reflects on the personality structure of the child. The
environment also covers the place where the child grows up, the people
around him, and the conditions both physical, emotional, spiritual plus the
mental sep-up of those close to him.
>>POVERTY
Jobless people are poor, thus become susceptible to crime commission
since low-income families usually take refuge among city relatives who lives
in congested and depressed areas. The implication of this problem on
poverty reflects on the children of poor families whose physical and health
welfare are being set aside, giving more priority to foods.
>> MASS MEDIA
People nowadays are becoming increasingly aware of the influence of
mass media in the lives of their children. Television, radio and the press are
sources of education, as great as or even greater than more tradition
institutions of the community. It is important to examine the collective efforts
of this industry on the development of young people, the values that are
being taught by the media; the images of the adult social roles that the
youth sees, and above all, the works done by the media advertising on youth
who became conspicuous co summers at very early age.
Violent comic cartoons are easily imitated by younger a generation that
produces violent behavior later. Twisted values inculcated into the minds of
our youth, manifest violent behavior later and distorted principles that most
often irritating relationship is the usual outcome among people close to him.
>>POLICE
The police as the first line of defense against crime must deal with the
serious problem of youth crime. And the importance of this juvenile-police
relation should ignore by our law enforcers because they are the juveniles
first contact with the justice system.
The police must become a close working partner of other components of
criminal justice system just as it should also be of the juvenile justice system,
if real progress is to be made in this problem. It must be noted that broad
field of police-juvenile work is becoming increasingly important in order
prevent delinquency.
The proper discharge of police responsibilities should be carried
through the following:
1. Close observation of places and conditions which may be regarded as
breeding places for youth crime and delinquency;
2. Police should always be in a better position than others to discover the
existence of harmful influence to children;
3. The police should know who are potential or actual delinquents and
recognize who are victims of abuse and neglect;
4. They should also give emphasis to the public that home is the most
vital force in the prevention of the juvenile delinquency.
>> Peers, Companions, and Juvenile Gangs
These groups of people interact with the youth in a positive and negative
ways. In a negative outcome of a relationship. The results are problems
which are practically derived from different values, personality structures,
and emotional composition of people around the youth. Most importantly
group behavior continues to be the source of delinquent acts.
Juvenile Gang = self-formed association of peers bound together by
mutual interest, with identifiable leadership, well-developed lines of
authority, and other organizational features, who act in concert to achieve a
specific purpose which generally to include the conduct of illegal activity and
control over a particular territory, facility or type of enterprise.
>>RELIGION
A childs development usually involves the inculcation of a set of moral
belief that lead in the direction of socially approved behavior. Religion
becomes a causative factor in juvenile delinquency when its traditional role
in the area of delinquency prevention fails much more when its religious
leaders or spokesperson remain un forceful in delinquency problem. When
members of the religious community take an active part in the problem of
delinquency behavior among the youth, with its full blast of support and
mobilization, the juvenile problem will be minimized if not totally eradicated.
>>SCHOOL
The school, unlike the family, is a public instrument for training young
people. Hence, the school is more directly accessible to change through the
development of new resources and policies. And, since it is the principal
institutions for the development of a basic commitment to the goals and
values of our society. It is expected that our educational institutions be
provided with the resources to compete with illegitimate attraction for the
youths mind. These factors that create a gap between institution-child
relationships are the following:
1. Failure of the school in the character development of the youth;
2. Use of methods that create the condition of failure on the part of the
students;
3. Truancy
4. Lack of facilities for curricular and extra-curricular activities
5. Absence of proper motivation on the part of the schools mentors
1.
2.
3.
4.
b. Equally protecting the life of the mother and the unborn from
conception and
c. Recognizing the rights and duty of the parents in rearing the youth.
Art. 5 Commencement of Civil Personality
The civil personality of the child shall commence from the time of his
conception, for all purposes favorable to him, subject to the requirements
of Art. 41 of Civil Code.
Section 13
A recognizing the vital role of the youth in nation-building
Art. 15
A recognizing the Filipino family as the foundation of the nation.
Application of the Code
The Child and Youth Welfare Code shall apply to all persons 18 years of
age as amended by RA 6809, (an Act lowering the age of majority from 21 to
18) except those emancipated in accordance with the law, child or mind
or youth as used in this Code shall refer to such person.
RIGHT OF THE CHILD
- All children shall be entitled to the rights herein set forth without
distinction as to legitimacy or illegitimacy, sex, social status, religious
affiliation, political antecedents, and other factors.
- The right to be born well, within the dignity and worth of a human
being from the moment of his conception.
- The right of wholesome family life that will provide him with love, care,
and understanding, guidance and counseling, and moral and material
security.
- The right to well-rounded development oh his personality, to the end
that he may become a happy, useful and active member of the society.
DUTIES OF PARENTS:
1. To give him affection, companionship and understanding
2. To extend to himself benefits of moral guidance, self-disciplined and
religious instruction
3. To inculcate in him the value of industriousness, thrift and self-reliance
4. To supervise his activities including his recreation
5. To provide him with adequate support including:
a. Food or sustenance
b. Dwelling or shelter
c. Clothing
d. Medical assistance
e. Educational and transportation
f.
Parents shall take special acre to prevent the child from becoming
addicted to intoxicating drinks, narcotics, smoking, gambling, and other vices
or harmful practices.
Liabilities of Parents
Parents and guardians are responsible for the damage or torts (an
injury or wrong done to another) caused by the child under their parental
authority in accordance with the Civil Code.
Child and Youth Welfare and Community
Community shall mean, the local government, together with the
society of individuals or institutions, both public and private, in which the
child lives. To insure the full enjoyment of the rights of every child to live in
society that offers or guarantee him safety, health, good moral environment
and facilities for his wholesome growth and development, it shall be the duty
of the community to;
1. To bring about a healthy environment necessary to the formal
growth of the children;
2. To help the institutions of learning achieve the fundamental
objectives of education;
3. To organize or encourage movements and activities, for the
interest of the children and youth;
4. And, to assist the State in combating and curtailing juvenile
delinquency and rehabilitating wayward children.
Barangay Councils
Barangay Council shall have the authority to enact ordinance and
resolutions not inconsistent with the law or municipal ordinance, as may be
necessary to provide for the proper development and welfare of the children
in the community, in consultation with representatives of national agencies
concerned with child and youth welfare.
Examples of ordinance or resolutions the barangay can enact;
1. Step to prevent juvenile delinquency and assist parents of
children with behavioral problems;
2. Adopt measures for the health of the children;
3. Curfew hours, especially for children
4. Recreational or sport facilities to keep them busy
Receiving home = family type homes proving shelter for ten to twenty
days who shall be under observation and study for eventual placement by
the DSWD. In no case shall children exceed nine. And not more than two
of them shall be under three years of age.
Maternity home (for pregnant woman and her infant before, during and
after delivery custody)
Rehabilitation center (rehabilitates youthful offender and other disturbed
children)
Reception and Study center
Child placing agency
Filiation = is the civil status of the child in relation to his parents.
Paternity = is the civil status of the child in relation to his father.
Maternity = civil status of the child in relation to his mother.
Founding = refers to a baby left by the parents
Legal Classification of child
Legitimate = born inside the marriage.
Illegitimate = born outside the marriage
Legitimated = illegitimate child raise to the status of a legitimate child
by subsequent marriage of his parents.
Adopted = a person who is raise to the status of legitimacy through
adoption (juridical act).
Special Categories of Children:
Dependent child is one who is without a parents guardian or
custodian or one whos parents or guardian or other custodian for good
cause desires to be relieved of his care and custody; and is dependent upon
the public for support.
Abandoned child is one who has no proper parental care or
guardianship or whose parents or guardians have deserted him for a period
of at least six continues moths.
Neglected child one whose basic needs have been deliberately
unattended or inadequately attended. Neglect may occur in two ways.
a) There is physical neglect when the child is malnourished, ill clad
and without proper shelter. A child is unattended when left by himself
without provisions for his needs and/or without proper supervision.
b) Emotional neglect exist when children are maltreated, raped,
seduced; when children are exploited, overworked or made to work
under conditions not conductive to good health; or are made to beg in
The local council will serve as the primary agency to coordinate with
and assist local government units on the adoption of a comprehensive plan
to prevent delinquency and to oversee its proper implementation.
One percent of the internal revenue allotment of barangays,
municipalities and cities shall be allocated for the strengthening and
implementation of the programs of the local council each local government
units is in charge of disbursing this allocation.
Under RA 9344. Media practitioners are ordered to maintain the
highest professional standards in reporting and covering cases of children in
conflict with the law. In this part of the law, it states that; any undue,
inappropriate and sensationalized publicity of any case involving a child in
conflict with the law is hereby declare a violation of the childs rights.
Law enforcers shall refrain from using vulgar or profane words and
from sexually harassing or abusing, or making sexual advances on the child
in conflict with the law.
The law added that law enforcers shall not display any firearm, weapon
or handcuffs, unless necessary in apprehending child offenders.
Another provision of RA 9344 states that law enforcers shall turn over
custody of the child immediately but not later than eight hours after
apprehension to the Social Welfare and Development Office or other
accredited non-government organizations and notify the childs parents or
guardians and the public attorneys office, of the childs apprehension.
The Social Welfare and Development Office shall then explain to the
child and the childs parents or guardians, the consequences of the childs
act with a view towards counseling and rehabilitation, diversion from the
criminal justice system and reparation, if appropriate.
DEFINES TERMS UNDER RA 9344
Diversion refers to an alternative child appropriate process of determining
the responsibility and treatment of a juvenile in conflict with the law on the
basis of his social, culture, economics, psychological or educational
background without resorting to formal court adjudication.
Diversion programs refers to programs that the juvenile in conflict with
the law is required to undergo instead to remain in his home after conviction
and sentence.
Probation is a disposition alternative under which a juvenile in conflict
with the law is released and permitted to remain in his home after conviction
and sentence.
b.
c.
2.
3.
4.
Mental abilities:
Problem solving ability
Memory and learning ability
Perceptual ability
Constructive imagination
Special; imagination
Soundness of judgment
General adaptability
Emotional traits gives an individual the capacity to face different
situations in life and still maintain composure
Social traits the individuals ability to get along fine with others.
Moral and religious traits the standards of a persons action and
behaviors.
Reaction to Frustration
People differ in the way they react to frustration. An individuals way of
reacting to frustration is known as coping mechanism. Generally reacting to
one or two ways; by fighting the problem in a constructive way and direct
way by means of breaking down the obstacles that stop a persons from
reaching his goal; or by getting angry and becoming aggressive; or by
running away from the problem or fight by sulking, retreating, becoming
indifferent, and giving up without a fight. These reactions to frustration are
called fight-flight reactions.
Frustration tolerance
Individuals also differ in their capacity to tolerate unadjusted states or
tolerance to frustration. Some people are able to withstand prolonged
periods of tension without showing signs of abnormality. Other become
neurotic or psychotic, or convert their frustration into anti-social acts or
become alcoholics or drug addicts. Most people react to frustration in
the following ways;
1. Direct approach
2. Detour or change direction
3. Substitution
4. Withdrawal or retreat
5. developing feelings of inferiority
6. aggressions, and
11.
Suppression is a conscious activity by which an individual
attempts to forget emotionally disturbing thoughts and experiences by
pushing them out of ones mind such as, when a person attempts to
forget emotional pain by losing himself in his work.
12.
Regression when a person employs this defense mechanism,
he goes back to a pattern of feeling, thinking or behavior which was
appropriate to an earlier stage of development, such as when a person
demands for something from others and when denied, uses tantrums
to get it., as what he or she has done in early childhood when parents
give to demands of children by the use of tantrums.
13.
Sublimation is the changing of unacceptable id impulses or
needs into socially and culturally acceptable channels or means. It is
also a positive and constructive mechanism for defending against
otherwise unacceptable impulses and needs. Such as when a
homosexual works as a physical therapist and find sexual satisfaction
in performing his job, in meeting his needs and impulses.
When a person is frustrated in his attempts to adjust himself
to difficult situation over a long period of time, he may try to
escape from conflicts by suffering from any of the following
mental disorders;
1. Neurosis a condition where a person compromises with reality by
developing imaginary ailment, phobia, obsession or compulsion:
2. Psychosis a mental condition where the person may withdraw from
the real world into the world of fantasy and make-believe; where a
persons hidden or unexpressed desires can be fulfilled;
3. Psychopath or sociopath with an antisocial personality a
mental disorder where one, instead of compromising with reality,
withdraw into his shell. The person may become very aggressive and
cruel in his antisocial behavior comes in conflict with the law, he
becomes a criminal.
4. Psychoneurotic person are those in the twilight zone between
normality and abnormality. They are not insane, but neither are they
normal. The neurotic is always tense, restless, and anxious. Frequently,
they have obsession, compulsion, phobia, and in some cases, amnesia.
Anxiety is the dominant characteristic.
Unhealthy Reactions to Frustration
Some individuals are incapable of making effective adjustment to their
frustration. They have not learned healthy and effective adjustment habits;
hence, they are not emotionally ready to cope with difficult problems
confronting them. As a result, they may react to frustration in random,
impulsive and inadequate manner that, does not relieve them of tension, but
in fact increases the maladjustment. Among these behavior pattern
considered as unhealthy reactions to frustration are the following;
1. Anxiety manifest through apprehension, tension, and uneasiness
fromanticipation of danger the source of which is largely unknown or
unrecognized.
2. Phobia an irrational fear which is fixed, intense, uncontrollable, and
most of the times has no reasonable foundation.
3. Obsession is an idea that persistently recurs in a persons mind
sometimes against his wish, though it may have no basis at all.
4. Compulsion is an irresistible impulse to perform certain acts that
are repetitive and ritualistic.
e.g. pyromania the irresistible urge to set fire,
dipsomania compulsive desire to take alcoholic drinks,
kleptomania the urge to steal
5. Regression a behavior pattern wherein a person returns to state of
former adjustment and attempts to experience them again in memory.
6. Memory disorder or amnesia caused by painful memories
associated with some shocking experiences which are repressed and
cannot be recalled.
7. Delusion a false belief firmly held despite incontrovertible proof of
evidence to the contrary.
8. Hallucination a sensory perception in the absence of an actual
external stimulus.
9. Schizophrenia or dementia praecox is characterized by disturb
thinking.
Sexual Deviancy a sexual behavior that seeks stimulation and sexual
gratification by means other than heterosexual relation.
Sexuality or heterosexuality the only normal sexual relation between
members of the opposite sex that could lead to reproduction.
Different deviant sexual behaviors:
1. Masochism sexual gratification is attained through the pain
inflicted upon oneself.
2. Sadism sexual gratification is attained through the pain inflicted
upon the sexual partner.
3. Exhibitionism sexual gratification is attained by exposing some
private parts of the body.
Select
the
correct answer for each of the
following
questions.
Write
your answer on the answer
sheet provided. STRICTLY NO
ALTERATIONS
ALLOWED.
Use
pencil no. 2 only.
1. The police seek to prevent
crimes by being present in
places where crimes might be
committed
and
by
alerting
citizens
to
refrain
from
practices that make them or
their property vulnerable:
A. Law enforcement
B. Public services
C. Opportunity denial
D. Order maintenance
2.
The
instrument
societys
for making
prime
known
government
in
that
of
the
the
the
occurred.
The
court refers to:
A. Family court
appropriate
D. Power
Intelligence
information
C. Rescue operation
D. Deception
32. False information about an
organization or its products
creates crisis hurting the
organizations
reputation.
A. Information
B. Intelligence information
C. Rumors
D. Deception
33. Refers to policy enacted
by governments to ensure the
survival and safety of the
nation-state,
including
but
not
limited
to
the
exercise
of
diplomatic,
economic, and military power
in both peace and war.
A. Security
B. Survival training
C. National security
D. Sate of calamity
34. The word rape is derived
from the latin term rapere,
which means:
A. Forced sexual act
B. Acts of lasciviousness
C. Coitus
D. To take by force
35. The Anti-Fencing law.
A. PD 1216
C. PD 1621
B. PD 1612
D. PD 1261
C. 1,4,7,9
D. 4,6,7,9
Which
of
the
following
statement
is
true
about
loafers?
A. Persons who are away from
homes and take vagabondage.
They engage in street brawls
and usually make their both
ends meet by extorting money
from shopkeepers.
B. They belong to families
which
are
professionally
criminal.
C. Such people are indifferent
to moral principles or even
contemptuous of moral values.
D. Those who are motivate to
crime by a feeling of revenge,
enmity or a desire to settle
the score.
47.
Who
are
the
primary
advocate of social reaction
theory in criminology?
A. Edwin Lemert and Frank
Tannenbaum
B. Edwin Sutherland and Cesare
Lombroso
C. Travis Hirshi and Davis
Matza
D. Gresham Sykes and Davis
Matza
48. Which of the following
statement is not true about
social bond theory?
A.
All
individuals
are
potential law violators, but
they are kept under control
because they fear that illegal
behavior will damage their
relationship with the members
of society whom have has
strong bonds or ties.
B. People commit crime when
the forces that bind them to
society
are
weakened
or
broken.
C.
A
strong
self
image
insulates a youth from the
pressures
and
pulls
of
criminogenic influences in the
environment.
D. Crime is the by-product of
learning the norm, values, and
behaviors
associated
with
criminal
activity.
49. He stated that criminality
may
be
the
result
of
inadequate development of a
sense of identity or
the
result
of
a
sense
of
inferiority or inadequacy:
A. Erich Fromm
B. Sigmund Freud
C. Erik Erikson
D. Seymour Halleck
50. Which of the following is
not a victimless crime?
A. Robbery
B. Sigmund Freud
C. Gambling
D. Seymour Halleck
51. In victimless crime, the
direct victim is:
A. Government
B. Family of the offended
party
C. The person whose property
was taken
D.
Illegal
possession
of
firearm
52. The purpose of Classical
theory of criminology is:
A.
The
application
of
scientific methods to
the
study of the criminal as an
individual
B. Reform of the judicial
system
C.
Reformation
and
rehabilitation
of
the
offender.
D.
Scientific
treatment,
alteration or elimination.
53. One of the basic elements
of classical theory is that,
most crimes, other than those
due to mental problems would
be eliminated in a socialist
system in which the goods and
wealth of a society
would
be equally distributed. This
statement is not true:
A. True
C. Partly
true
B. Partly false
D. False
54.
The
number
of
crime
incidents in a given period of
time
for
every
100,000
inhabitants of an area or
place:
A. Crime rate
B. Crime solution efficiency
C. Solved cases
D. Non-index crimes
55.
The
total
number
of
reported crime incidents in
the given period of time
regardless
of
the
number
of perpetrators:
A. Crime rate
C. Non-index
crime
B. Crime volume D. Index crime
56. Occurs when someone tries
to get into the website to
take
information
without
authorization or to damage the
computer or its network:
A. Computer bug
B. Virus
C. Computer hacking
D. Computer spamming
57. Offenders who commit acts
of violence on rare occasions,
often under provocation:
A.
Culturally
violent
offenders
B.
Situational
violent
offenders
C.
Criminally
violent
offenders
D. Pathologically violent
offenders
58.
Known
as
profession:
A. Prostitution
the
oldest
66.
The
first
stage
psychosexual development:
A. Oral stage
B. Anal stage
C. Genital
of
B. Impulsion
D. Amnesia
A. Ecological theory
80. A combination of the
elements of strain and social
disorganization. According to
this theory,
because
strain and social isolation, a
unique
lower-class
culture
develops
in
disorganized
neighborhoods:
A. Cultural deviance theory
B. Strain theory
C.
Social
disorganization
theory
D. Containment theory
81. It viewed disadvantage
economic class position as a
primary cause of crime. It
suggests that
social and
economic forces operating in
deteriorated class areas push
many of their residents into
criminal behavior patterns:
A. Strain theory
B. Cultural deviance theory
C. Social Structure
D. Differential reinforcement
82.
It
focuses
on
the
conditions within the urban
environment that affect crime
rates:
A. Social disorganization
B. Strain theory
C. Cultural deviance theory
D. Social structure theory
83. Adolphe Quetelet in his
famous ________, he claimed
that crime against persons
increase in equatorial climate
while crimes against property
are
prevalent
in
colder
climates:
B. Temperance
C. Prudence
D. Fortitude
91. A person who is under
custodial
investigation
is
basically
protected
by
a
number
of
rights
mandated
under the constitution and
this was even expounded in the
legislative statute known as?
A. Miranda Doctrine
B. Bill of Rights
C. R.A. 7438
D. R.A. 6975
92. This is the law that
reorganized
the
Judiciary.
Otherwise known as Judiciary
Reorganizational Act:
A. R.A. 229
C. E.O. 129
B. BP 129
D. P.D. 29
93. It is the study of the
laws and its effect or impact
to the society:
A. Criminology
B. Victimology
C. Criminal Justice
D. Sociology of law
94. It refers to the study of
the various agency of our
government
in
charge
of
processing law violators to
ensure the protection of the
society and maintenance of
peace and order:
A. Criminology
B. Victimology
C. Criminal Justice
D. Sociology
95. It is that principle of
criminal law which states that
--- Ignorance of the law
D. Municipal prisoner
--------NOTHING
FOLLOWS-----
NAME: ___________________________________
______
SET OF QUESTIONNAIRE:
DATE:
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