Introduction to Criminology Learning Guide

INTRODUCTION TO CRIMINOLOGY LEARNING GUIDE CHAPTER 1: General Concept of Criminology and Criminal Justice System CRIMINOLOGY - According to Edwin H. Sutherland, “Criminology is the entire body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making of laws, of breaking of laws, and the society’s reaction towards the breaking of laws.” - Criminology is a body of knowledge regarding crimes, criminals, and the efforts of society to prevent and repress them. - The scientific study of the causes of crime in relation to man and society who set and define rules and regulations for himself and others to govern. - An interdisciplinary science that gathers and analyzes data on various aspects of crime and criminal behavior. - Criminology came from the Latin word “crimen” which means accusation (in other references means: crime or offense) and the Greek word “logia” which means to study. - In 1885, RAFAELLE GAROFALO, an Italian Law Professor coined the term “Criminologia” which means the study of crimes. - In 1887, PAUL TOPINARD, a French Anthropologist, coined the term “Criminologie” which differentiates the study of criminal body types within the field of anthropology from other biometric pursuits. - Curt Bartol and Anne Bartol, described Criminology as a "Multidisciplinary study of crimes. It involves a wide array of knowledge about crimes and criminals including psychology, sociology, anthropology, biology, neurology, political science, economics, and others." - Cirilo Tradio articulated that Criminology is a "Body of knowledge regarding delinquency and crime as a social phenomenon. It may also refer to the study of crimes and criminals and the attempt to analyze scientifically their causes and control and the treatment of criminals. " - Sec. 4 (e) of Republic Act 11131, otherwise known as the Philippine Criminology Profession Act of 2018 however, declared that Criminology shall be defined as "The scientific study of crimes, criminals, and victims, it also deals with the prevention, and solution of crimes". Section 4 (i) of the law's (R.A. 11131) Implementing Rules and Regulations affirmed that Criminology "refers to the scientific study of crimes, criminals, victims, and criminal behavior. It also deals with the prevention, and solution of crimes." RA 6506 – an Act creating the Board of Examiners for Criminologists in the Philippines and other purposes Approved and became effective on July 1, 1972. RA 11131- Philippine Criminology Profession Act of 2018 - An act regulating the practice of Criminology Professions in the Philippines, and approving funds, therefore, repealing for the purpose of RA 6506 RA 10912 – Continuing Professional Development Act of 2016 (CPD Law) - The law aims to promote and upgrade the practice of professions in the country and to continuously improve the competence of professionals in accordance with international standards of practice. PROFESSIONAL CRIMINOLOGIST ASSOCIATION OF THE PHILIPPINES (PCAP) – the legitimate organization of Criminologists recognized by the Professional Regulation Commission. Philippine Educators Association for Criminology Education (PEACE) – created on January 13-25, 1983 primarily to professionalize criminology education in the context of National development. 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 Board and the Commission pursuant to RA 11131. 1|Page Criminologist- (Marvin Wolfgang & Franco Ferracuti) One whose professional training, occupational role, and pecuniary reward are primarily concentrated on a scientific approach to, and study and analysis of the phenomenon of crime and criminal behavior. Sec. 22 of the repealed Republic Act 6506, a Criminologist is any person who is a graduate of the degree of criminology, who passed the examination for criminologists and is registered as such by the board. Section 4 (g) of Republic Act 11131 decreed that Registered Criminologist (RCrim) "refers to a natural person who holds a valid certificate of registration and updated professional identification card as criminologist issued by the Board and the Commission pursuant to this Act." B. Nature, Scope, and Purposes of the Study of Criminology Criminology is an interdisciplinary profession built around the scientific study of crime and criminal behavior, including their manifestations, causes, legal aspects, and control. Being interdisciplinary, it draws discipline to provide an integrated approach to upon other understanding the problem of crime in contemporary society and to advance solutions to the problem crime creates. CRIMINAL JUSTICE SYSTEM Simply defined as a system of delivery of justice to those who have committed a crime. The Criminal Justice System is a machinery of the State or government, which enforces the rules of conduct necessary to protect life and property and maintain peace and order. It is a process in the community by which crimes are investigated, and the person suspected thereof is taken into the custody of the police, prosecuted in court, and punished if found guilty, provisions being made for their correction and rehabilitation. Criminal Justice In a strict sense criminal justice is a system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses. 1. Law Enforcement Pillar- It involves the prevention of the commission of crime and the protection of the life, liberty, and property of citizens. They are at the forefront of the Criminal Justice System of the country. They deal directly with the citizens and are directly exposed to the criminal elements. The national government plays the primary role in law enforcement, particularly in policing (Supreme Court of the Philippines and UNDP, 2006). The primary law enforcement agencies in the Philippines are the Philippine National Police (PNP) and the National Bureau of Investigation (NBI). 2. Prosecution Pillar-It conducts the preliminary investigation of cases filed in the prosecutors' offices and prosecutes cases filed in the court against alleged offenders after probable cause has been established (Supreme Court of the Philippines and UNDP, 2006). The primary agency under the Prosecution pillar is the National Prosecution Service, which is composed of 1) Prosecution Staff in the Office of the Secretary of Justice headed by the Chief State Prosecutor; 2) The Regional State Prosecution Offices headed by Regional State Prosecutors; and 3) The Provincial and City Prosecution Offices are headed by the Provincial Prosecutor and City Prosecutor, respectively. 3. Judiciary or Court Pillar- It adjudicates cases and renders judgment. The Philippine Judiciary is a fourtiered court system consisting of 1) The Supreme Court as the highest court of the land; 2) The intermediate courts consisting of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals: 3) The second-level courts, which consist of Regional Trial Courts and Shari'a District Courts; and 4) The first level courts consisting of Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Shari'a Circuit Courts (Philippine Judicial Academy, 2011). 2|Page 4. Penology or Corrections Pillar-It is classified into two: a. Institution-based Correction- this refers to prisons and jails that house prisoners serving terms of imprisonment; under detention status; and those for safekeeping in selected cases. There are two primary agencies in institution-based correction, they are: the Bureau of Corrections (BUCOR); the Bureau of Jail Management and Penology (BJMP) b. Non-Institutional or Community-based Correction- this pertains to probation and parole. Probation is at privilege granted by the court to a person convicted of a criminal offense to remain in the community instead of going to prison/jail (Parole and Probation Administration, n.d.). Parole is the conditional release of a prisoner from the correctional institution after serving the minimum period of a prison sentence (Parole and Probation Administration, n.d.). The primary agency of this pillar is the Parole and Probation Administration (PPA). 5. Community Pillar- It collectively imposes limitations on the individual behavior of citizens that deters criminality and criminal behavior, for the common good of civilized and democratic society Institutions such as the Barangay, government agencies, legislative bodies, the academe, and religious and civic organizations, among others, are involved in this pillar. It is however commonly understood to mean the organized civil society and community members that perform the role of both duty holder and claim holder in the administration of justice (Supreme Court of the Philippines and UNDP, 2006). CHAPTER 2: Evolution of Criminology Is criminology a science? According to George Wilker, criminology cannot become a science because it has not yet acquired universal validity. Edwin H. Sutherland, the Dean of Modern Criminology, hoped that it would become a science in the future since the causes of crimes are almost the same which may be biological, environmental, or a combination of the two. Principal Divisions of Criminology  Etiology of Crimes – the scientific analysis of the causes of crimes and criminal behavior.  Sociology of Law – refers to the investigation of the nature of criminal law and its administration  Penology – the study of the control of crimes and the rehabilitation of the offender Nature of Criminology 1. It is applied science because criminology as a body of knowledge has already established universally accepted principles and concepts and these are used by another field of study. (INSTRUMENTATION) It is an applied science - In the study of the causes of crimes, anthropology, psychology sociology, and other natural sciences may be applied. While in crime detection, chemistry, medicine, physics, mathematics, ballistics, polygraphy, questioned document examination may be utilized; 2. It is a social science because it studies crime as a social phenomenon. Crime is a social problem that has a great impact on society. Since crime is a social creation and it exists in society, its study, therefore, is considered part of social science; 3. It is dynamic because the concepts of criminology and their applications adapt to the changing times. Criminology changes as social condition changes. It is concomitant with the advancement of other sciences that have been applied to it; and 4. It is nationalistic because the study of criminology takes into consideration the history, the culture, the social norms, and the laws of the country. Each country has its own set of laws and crimes are defined by the laws of the country. The study of crimes must be in relation to the existing criminal law within a territory or country. This is so because the power to define and punish crime is enjoyed by the State in accordance with its police power. 3|Page The following disciplines are involved in Criminology, to wit: 1. Criminal Anthropology - It is the study and investigation of the organic and psychic constitution of the criminal and the conditions of his social life. The criminal is the degenerate whose organic and psychic development has been arrested. 2. Criminal Psychology - Scope includes the study of the psychological traits of the criminal, or his basic psychological characteristics, which are moral insensibility and improvidence. 3. Criminal Statistics - Studies the relation of causality between certain personal conditions, physical and social phenomena, criminality, its increase or decrease, and forms of its appearance. 4. Criminal Sociology It embraces all branches of criminal science including criminal law and transforms the science of crimes and penalty into one of positive observation. 5. Criminal Politics- A science consisting of principles with which the State organizes its fight against criminality. The basis is knowledge of criminal law, criminality, penalties, and other measures of social defense. 6. Forensic Medicine's Object is to place medical knowledge at the disposal of the administration of justice, both civil and criminal. 7. Forensic Chemistry The application of chemical principles in the solution of problems that arise in connection. The study of Criminology covers the origin and development of criminal or penal law; crime causation; and factors that enhance the development of criminal behavior such as criminal demography, criminal epidemiology, criminal ecology, criminal psychology, criminal psychiatry, and victimology, defined as follows: 1. Criminal Demography-study of the relationship between criminality and population; 2. Criminal Epidemiology- the study of the relationship between environment and criminality; and 3. Criminal Ecology-study of criminality in a community; special distribution 4. Criminal Physical Anthropology- the study of criminality in relation to the physical relation to the constitution of men; 5. Criminal Psychology- the study of human behavior in relation to criminality; and 6. Victimology study of the role of the victim in the commission of crime. Terms to ponder: 1. Anthropology- the study of human biological and physiological characteristics. 2. Crime is an act committed or omitted in violation of public law forbidding or commanding it. 3. Criminal Law- a branch or division of law, that defines crimes, treats of their nature, and provides punishment. 4. Penology- the study of the control of crimes and rehabilitation of offenders. 5. Sociology- is the mother discipline of criminology. It is the study of human society, its origin, structure, functions, and direction. 4|Page