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its about the introduction of criminology it's a reviewer for crims student, Summaries of Criminology

University of Perpetual Help (UPH)Criminology

the contect is about the father of criminology and type of classical crimes

Typology: Summaries

2022/2023

Uploaded on 02/16/2023

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2ND PILLAR OF THE CRIMINAL JUSTICE SYSTEM
PROSECUTION
- it is simply pertains to a ‘’criminal action’’
- process by which formal charges are brought against a person accused
of committing a crime
- to conduct Preliminary Investigation
PRELIMINARY INVESTIGATION
- determining that someone has committed a crime and probably guilty
thereof and should be held for trial.
- to preserve the evidence and keep the witness within the control of the
state
- penalty prescribed by law is at least 4 years, 2 mos and 1 day without
regard to the fine.
MM- Minor Misdemeanors
MTC- Municipal Trial Court
MCTC- Municipal Circuit Trial Court
NPS- National Prosecution Service
3 Reason for Rejection of Criminal Cases by the Prosecution
1. INSUFFICIENT EVIDENCE
2. WITNESS PROBLEM
3. DUE PROCESS PROBLEMS
3RD PILLAR OF THE CRIMINAL JUSTICE
COURT
- it is the entity in the government organized for the proper
administration of justice
- it is between the prosecution and correction
- it is the arbiter of all disputes or issues involving violation of criminal
law
GENERAL FUNCTIONS OF THE COURTS
- Protect the rights of the accused.
- Determine by all legal means whether a person is guilty of a crime
- Dispose properly of those convicted of the crimes
- Protect the society
- Prevent and reduce criminal behavior
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ND PILLAR OF THE CRIMINAL JUSTICE SYSTEM PROSECUTION

  • it is simply pertains to a ‘’criminal action’’
  • process by which formal charges are brought against a person accused of committing a crime
  • to conduct Preliminary Investigation PRELIMINARY INVESTIGATION
  • determining that someone has committed a crime and probably guilty thereof and should be held for trial.
  • to preserve the evidence and keep the witness within the control of the state
  • penalty prescribed by law is at least 4 years, 2 mos and 1 day without regard to the fine. MM- Minor Misdemeanors MTC- Municipal Trial Court MCTC- Municipal Circuit Trial Court NPS- National Prosecution Service 3 Reason for Rejection of Criminal Cases by the Prosecution
  1. INSUFFICIENT EVIDENCE
  2. WITNESS PROBLEM
  3. DUE PROCESS PROBLEMS 3 RD PILLAR OF THE CRIMINAL JUSTICE COURT
  • it is the entity in the government organized for the proper administration of justice
  • it is between the prosecution and correction
  • it is the arbiter of all disputes or issues involving violation of criminal law GENERAL FUNCTIONS OF THE COURTS
  • Protect the rights of the accused.
  • Determine by all legal means whether a person is guilty of a crime
  • Dispose properly of those convicted of the crimes
  • Protect the society
  • Prevent and reduce criminal behavior

REGULAR COURT IN THE PHILIPPINES

  • Supreme Court / SC
  • Court of Appeals/ CA
  • Regional Trial Courts/ RTC
  • Municipal Trial Courts/ MTC
  • Metropolitan Trial Courts/ MeTC
  • Municipal Circuit Trial Courts/ MCTC
  • Sandiganbayan/ SB COURT EXERCISE OF DISCRETION
  • Set bail or set condition for the release of the accused
  • Rule on the procedural matters as raised by the defendant or the prosecutor during the trial
  • Impose sentence or not
  • Convict or to acquit the accused
  • Revoke probation or suspended sentence. JURISDICTION AND VENUE
  • Jurisdiction is the authority of the court to hear and try a particular offense and to impose the punishment provided by law
  • Venue refers to the place location or site where the case is to be heard on its merits.
  • Jurisdiction is conferred by law while venue is not. STAGES AND ACTIVITIES IN COURT Motion to Quash
  • The term ‘’quash’’ literally means to put a stop
  • The accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without hid consent. ARRAIGNMENT
  • It is the stage where the issues are joined in criminal action and without which proceedings cannot advance further or, if held will otherwise be void. ARRAIGNMENT AND PLEA
  • The accused must be arraigned before the court where the complain or information was filed or assigned for trial.

WHO HAS THE RIGHT TO APPEAL?

  • As a rule, the right is only granted to the convicted offender, however the Supreme Court in one of its landmark decision held that the right to appeal shall not be denied to the government prosecutor when proper. INTRDUCTION TO APPLIED CRIMINOLOGY CRIMINOLOGY- Is an applied science. A multidisciplinary study of crimes THE CRIMINAL JUSTICE PROCESS POLICE-PROSECUTION-COURT-CORRECTION-COMMUNITY Police- initial response-arrest-suspect Prosecution- investigate-determine-probable cause Court- trial-determine guilt or innocence Correction- reform-change criminal behavior Community- law abiding-help prevent crimes ENTYMOLOGY OF THE WORD POLICE POLICE- ‘’Politeia’’ G, government of a city ‘’Politia’’ R, same meaning above ‘’Police’’ F, persons to enforce law *borrowed by the English and Americans LAW ENFORCER- constable, patrol, F in origin POLICE MANAGEMENT- Pertains to the utilization of available resources in an organization. 5Ms MONEY, MANPOWER, METHODS, MATERIALS and MACHINERY POLICE ADMINISTRATION- Refers to the processes used in the organization (POSDCRB/POSDC) POSDCoRB PLANNING - setting performance objectives ORGANIZING - dividing the work to be done STAFFING - filling the orgwith right people/position DIRECTING - making decisions COORDINATING - interrelating various parts of work REPORTING - keeping executives informed BUDGETING - fiscal planning, accounting, and control APPROACHES IN MANAGING POLICE ORGANIZATION Scientific Management- (F. Taylor) focus on workers productivity

Bureaucratic Management- (M.Weber) focus on division of labor and hierarchy of authority Administrative Mgmt- (H. Fayol) the 14 management principles

  • Division of Work
  • Authority and Responsibility- right tocommand
  • Discipline
  • Unity of Command
  • Unity of Direction
  • Subordination of individual interest to general interest
  • Remuneration of Personnel
  • Centralization
  • Scalar Chain
  • Order
  • Equity
  • Stability of personnel tenure
  • Initiative
  • Espirit de Corps Human Relations Approach (Elton Mayo) - increase productivity Behavioral Science Approach (A. Maslow) - Hierarchy of Needs theory (McGregor) - Theory X and Y (X - lazy and Y - hard worker) Contemporary Approach - looking at the organization as a system (system theory) - recognizing internal and external variables affecting organization (contigency theory) PNP ORGANIZATIONAL PRINCIPLES SPECIALIZATION - grouping of activities and segregation of line, staff, and auxiliary functions. AUTHORITY LEVEL PRINCIPLE -formal relationship among supers and subordinates in any organization (rank has its priveldge) DELEGATION OF AUTHORITY - conferring of an amount of authority by a superior position to a subordinate UNITY OF COMMAND - Subordinate should received orders from one superior only SCALAR PRINCIPLE - The vertical hierarchy of the organization which describing explicitly the flow of authority. SPAN OF CONTROL - The principles refer to the ability of one man to direct and supervise his subordinates. CHAIN OF COMMAND - The arrangement of officers from top to bottom on the basis of rank or position and authority

MIRANDA v ARIZONA - (1966) The Court ruled that all citizens must be informed of their rights prior to questioning. ‘’MIRANDA RIGHTS’’ THE FORENSIC SCIENCE SPECIALTIES PATHOLOGY - is a specially area of medicine. A study of diseases and the bodily changes caused by the diseases. FORENSIC PATHOLOGISTS - determine the cause of death/ determine the manner of death ENTOMOLOGY - a branch of insects FORENSIC ENTOMOLOGISTS - use insects as investigative aids, by examining insects, larvae or pupae ODONTOLOGY - is the study of the physiology, anatomy, and pathology of teeth FORENSIC ODONTOLOGIST - perform two types of analysis involving the human dentition. Pre-mortem and X-rays/ Bite marks comparison FORENSIC ANTHROPOLOGY - Physical Anthropology is the science of the human skeleton and how it has evolved over time FORENSIC TOXICOLOGY - is the study of the effects of extraneous materials such as poisons and drugs in the body FORENSIC PSYCHIATRY - is a branch of medicine concerning the diagnosis, treatment, and prevention of mental illness while PSYCHOLOGY is the scientific study of the mind and behavior of humans. FORENSIC ENGINEERING - involved in the investigation of transportation related accidents, materials failures, and structure failures FORENSIC COMPUTER SCIENCE - use information located on computers and other electronic devices as investigative aids CRIMINALISTICS - this specialty involves the examination, identification, and interpretation of items of physical evidence. BRANCHES OF CRIMINALISTIC

DACTYLOSCOPY - the study of fingerprint identification FORENSIC BALLISTIC - the study of firearms and ammunitions identification. FORENSIC PHOTOGRAPHY - the study of reproduction of images with the aid of a camera. FORENSIC CHEMISTRY and TOXICOLOGY - the study of some substance, chemicals, and other particles and forms of experimentation in the detection of crime. POLYGRAPHY - the study of detecting deception with the aid of a polygraph machine. QUESTIONED DOCUMENT - the study of detecting disputed or counterfieted documents. LEGAL MEDICINE - the application of medicine into legal process INVESTIGATION- The word investigation was derived from the Latin word ‘’INVESTIGATUS’’ (INVESTIGARE) which means to TRACE or TRACK. CRIMINAL INVESTIGATION- It is the collection of facts to accomplish a threefold aim:

  • identify the guilty party
  • locate the guilty party
  • provide evidence of his guilt LEGAL ASPECT OF CRIMINAL INVESTIGATION- The heart of criminal investigative process is the RULE OF LAW.
  • the way investigators deal with the searching, seizing and handling of evidence. CONCEPT OF DUE PROCESS- (1987 PHIL CONSTITUTION) ensures that no person is deprived of life, liberty, or property without notice of charges, assistance from legal counsel, a hearing, and a chance to confront one’s accusers.
  • IT HEARS BEFORE IT CONDEMNS LEGAL DOCTRINES ON CRIMINAL INVESTIGATION EXCLUSIONARY RULE- In 1994, in Weeks vs. USA, the Supreme Court decided a rule that federal courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case. FRUIT OF THE POISONOUS TREE

According Police Parlance - The purpose of affecting criminals and other law violators for the purpose of affecting their arrest, obtaining evidence, and forestalling plan to commit crime. GENERAL ACTIVITIES IN POLICE INTELLIGENCE

  1. STRATEGIC INTELLIGENCE - It is an intillegence activity which is primarily long range in nature with little practical immediate operation value.
  2. LINE INTELLIGENCE - It is an intelligence activity that has the immediate nature and value necessary for more effective police planning and operation.
  3. NATIONAL INTELLIGENCE - It is the integrated product of intelligence developed by all the governmental branches, department concerning the broad aspect of national security and policy.
  4. COUNTER INTELLIGENCE - Phase of intelligence covering the activity devoted in destroying the effectiveness of hostile foreign activities and to the protection of info against espionage , subversion and sabotage.
  5. UNDERCOVER WORK - Is an investigative process in which disguises and deception are used to gain the confidence of criminal suspects for the purpose of determining the nature and extent of any criminal activities that maybe contemplating or perpetuating. FUNCTIONAL CLASSIFICATION OF POLICE INTELLIGENCE CRIMINAL INTELLIGENCE - Refers to the knowledge essential to the prevention of crimes and the investigation , arrest, and prosecution of criminal offenders. INTERNAL SECURITY - Refers to the knowledge essential to the maintenance of peace and order. PUBLIC SAFETY INTELLIGENCE - Refers to the knowledge essential to ensure the protection of lives and properties. PHASES OF INTELLIGENCE CYCLE Phase 1 (PLANNING THE COLLECTION EFFORT) Phase 2 (COLLECTION OF INFORMATION) Phase 3 (PROCESSING THE COLLECTED INFORMATION) Phase 4 (DISSEMINATION AND USE OF INFORMATION)

NATURE OF INFORMATION - Information refers to all evaluated materials of every description including those derived from observation, reports, rumors, imagery, and other sources from which intelligence in produced. TWO GENERAL CLASSIFICATIONS OF SOURCES OF INFORMATION OPEN SOURCES - 99% of the information collected are coming from sources. CLOSE SOURCES - 1% of information are collected from close sources. TYPES OF INFORMANT CRIMINAL INFORMANT - an informant who give information to the police pertaining to the underworld about organized criminals with the understanding that his identity will be protected. CONFIDENTIAL INFORMANT - is similar to the former but he gives information violations of the law to include crimes and criminals. VOLUNTARY INFORMANT - a type of informant who give information freely and willfully as a witness to a certain act. SPECIAL INFORMANT - those who gives information concerning specialized cases only and it is regarded a special treatment by the operatives (ex. teachers, businessmen) ANONYMOUS INFORMANT - those who gives information through telephone with the hope that the informant can not be identified. MOTIVES OF INFORMANT

  • reward
  • revenge
  • fear and aviodance of punishment
  • friendship
  • patriotism
  • vanity
  • civic-mindedness
  • repentance
  • competition BASIC CONCEPT JAIL- administered by local governments such as municipality, city or province.
  1. CONTROL MODEL - emphasizes on prisoner obedience, work and education.
  2. REHABILITATION MODEL - security and housekeeping activities are viewed primarily as a framework for rehabilitative effort.
  3. REINTEGRATION MODEL - this kind of treatment gradually give inmates freedom and responsibility during their confinement and move them into a halfway house, work release programs, or community correctional center before releasing them to supervision.
  4. TOTAL INSTITUTION - one that completely encapsulates the lives of the people who work and live inside the jail or prison.
  5. PENITENTIARY MODEL - applies two system SYSTEM which used solitary confinement and manual labor in which the prisoners were kept separate from one another as well from an outside world and CONGREGATE in which prisoners slept in solitary cells, worked together but complete silence is observed. Practiced as a custodial institution.
  6. PROGRESSIVE MODEL - praised as a humanitarian ‘’hospital’’ or ‘’college on the hill’’ PENAL MANAGEMENT STRATEGIES
  7. NULL STATEGY - ‘’nothing should be done’’ the most politically acceptable approach in the short run.
  8. SELLECTIVE INCAPACITATION STRATEGY - argue that expensive and limited prison space with the necessary number of staff to maintain them should be used more effectively by targeting the individuals whose incarceration will do the most reduce crime.
  9. POPULATION-REDUCTION STRATEGY - incorporates the front door and back door strategies. Front-Door Strategies - divert offenders to non-incarcerative sanctions, among them, community service, restitution, fines and probation. Back-Door Strategies - such as detention, parole, work release and good behavior are devised to get offenders out of the prison before the end of their terms in order to free space for new comers.
  1. CONSTRUCTION STRATEGY - building new facilities to meet the demand for prison space for an advantageous prison management.
  2. POPULATION SENSITIVE FLOW CONTROL STRATEGY - urges the sentencing be linked to the availability of prison space and management staff PHILIPPINE CORRECTION SYSTEM DOJ
  • BUCOR
  • PPA
  • BPP
  • 7 CORRECTIONAL FACILITIES DILG
  • BJMP (district jail, city jail, municipal jail)
  • PROVINCIAL JAIL (Provincial Government) DSWD
  • CICL TYPES OF PRISONER
  1. SENTENCED PRISONER - a prisoner/convicted person in the jail or prison serving sentence or final judgement.
  2. DETENTION PRISONER - a prisoner in jail or prison so detained temporarily while awaiting court action or under custodial investigation.
  3. PERSON FOR SAFEKEEPING - a prisoner in jail or prison so detained for reasons of personal security and the protection of the community from committing simple misconduct CLASSIFICATION OF A SENTENCED PRISONER
  4. NATIONAL/INSULAR PRISONER - (BUCOR inmate) a prisoner sentenced to an imprisonment exceeding 3 years.
  5. PROVINCIAL PRISONER - (Prov’l. Jail inmate) a prisoner sentenced to an imprisonment exceeding 6 months but not more than 3 years in the maximum.
  6. CITY PRISONER - (BJMP inmate) a prisoner sentenced to an imprisonment exceeding 1 month but not more than 3 years in its maximum.